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Home My WebLink About10-04-06 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 2006-00608 ORPHANS' COURT DIVISION .(; '--g Nicole M. Hlavac, AN ALLEGED INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF GUARDIAN BEFORE OLER, J. ORDER OF COURT I ~,... -,:) AND NOW, this 31st day of August, 2006, uP9n \..D consideration of the Petition for Appointment of Plenary Guardianship of Person and Estate, and the Amended Petition for Appointment of Plenary Guardianship of Person and Estate, and following a hearing held on this date at which the allegedly incapacitated person was present, and at which Petitioners were either present in person or present by telephone, and in which Petitioners were represented by Elizabeth A. Hoffman, Esquire, and for the reasons stated in the accompanying opinion, Nicole M. Hlavac is adjudicated an incapacitated person and her parents, Rose Hlavac and Dana P. Hlavac, are appointed permanent plenary co-guardians of her person and estate. The co-guardians shall timely file with the Court all reports and accounts required by statute. No bond shall be required of either co-guardian. Nicole M. Hlavac is hereby notified of her right to petition at any time for a modification or termination of this guardianship. By the Court, ~ ~ Elizabeth A. Hoffman, Esquire 106 Walnut Street Harrisburg, PA 171012 For the Petitioners pcb IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 2006-00608 ORPHANS' COURT DIVISION NICOLE M. HLAVAC, AN ALLEGED INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF GUARDIAN BEFORE OLER, J. OPINION AND ORDER OF COURT OLER, J., August 31, 2006. At issue in the present case is whether Nicole M. Hlavac should be adjudicated an incapacitated person on a permanent basis, and, if so, whether Ms. Hlavac's parents, Rose Hlavac and Dana P. Hlavac, should be appointed plenary co-guardians of her person and estate. A hearing was held in this matter on August 31, 2006. The allegedly incapacitated person was present in court. Petitioner, Rose Hlavac, was also present in court, and Petitioner Dana P. Hlavac, was present by telephone. The Petitioners were represented by Elizabeth A. Hoffman, Esquire. For the reasons stated in this opinion, the petition for appointment of a permanent guardian of the person and estate of Nicole M. Hlavac will be granted and her aforesaid parents will be appointed plenary co-guardians of her person and estate. STATEMENT OF FACTS 1. The allegedly incapacitated person is Nicole M. Hlavac, a domiciliary of Cumberland County, Pennsylvania, born '"l tl L/ June 28, 1988, and permanently residing at 9 Oak Ridge Road, Carlisle, Pennsylvania, 17013; she is temporarily residing at the Melmark Home, 2600 Wayland Road, Berwyn, Pennsylvania, 19312. 2. Petitioner, Rose Hlavac, is an adult individual residing at 9 Oak Ridge Road, Carlisle, Cumberland County, Pennsylvania, and is the mother of Nicole M. Hlavac. Petitioner, Dana P. Hlavac, is an adult individual residing at 2015 North Yavapai Drive, Kingman, Arizona, 86401, and is the father of Nicole M. Hlavac. Nicole M. Hlavac, the allegedly incapacitated person, has a condition known as Trisomy 7, which has existed since birth and which is of an indefinite duration. 3. Ms. Hlavac's condition is such that her ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that she is totally unable to manage her financial resources and totally unable to meet essential requirements for her physical health and safety. 4. The income of the allegedly incapacitated person consists of Social Security-type benefits; she has no appreciable assets. 5. The allegedly incapacitated person is in need of a permanent plenary guardian of her person and estate. 6. The aforesaid parents of Nicole M. Hlavac are persons qualified to serve as co-guardians of her person and estate under 20 Pa. C.S. ~5511(f). 7. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting an adjudication of incapacity are contained in 20 Pa. C.S. 555570 et.seq. The Petitioners have substantially complied with these provisions, and based upon the foregoing Findings of Fact the following Order of Court will be entered: ORDER OF COURT AND NOW, this 31st day of August, 2006, upon consideration of the Petition for Appointment of Plenary Guardianship of Person and Estate, and the Amended Petition for Appointment of Plenary Guardianship of Person and Estate, and following a hearing held on this date at which the allegedly incapacitated person was present, and at which Petitioners were either present in person or present by telephone, and in which Petitioners were represented by Elizabeth A. Hoffman, Esquire, and for the reasons stated in the accompanying opinion, Nicole M. Hlavac is adjudicated an incapacitated person and her parents, Rose Hlavac and Dana P. Hlavac, are appointed permanent plenary co-guardians of her person and estate. The co-guardians shall timely file with the Court all reports and accounts required by statute. No bond shall be required of either co-guardian. Nicole M. Hlavac is hereby notified of her right to petition at any time for a modification or termination of this guardianship. By the Court, /s/ J. Wesley Oler, Jr. J. Wesley oler, Jr., J. Elizabeth A. Hoffman, Esquire 106 Walnut Street Harrisburg, PA 171012 For the Petitioners pcb IN RE: NICOLE M. HLAVAC, An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-00608 ORPHANS' COURT DIVISION AFFIDAVIT OF SERVICE PURSUANT TO ORPHANS' COURT LOCAL RULE 14.2-3 I, /tNP~ ~J<.. , served and read to Nicole M. Hlavac the petition for plenary legal guardianship of her person and estate, and the Citation with Notice of the date, time, and place of the hearing on the petition. I verify that the information provided here is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Date: 6) /O(f!/I slYftOb ~J-1!)ik- I (Signature) Pet/llll~k./( · .s ~.Y # I ~~3/-~ P~15 CERTIFICATE OF MAILING ~ <: ~ ,~ ~~I MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAil, DOES NOT 0 1= :s PROVIDE FOR INSURANCE-POSTMASTER , . 0 '" ... Recei' ELIZABETH A. HOFFMAN '0:..."L ~"1!~ U ATTORNEY AT LAW ~?J 106 WALNUT STREET ~ - ~~~ HARRISBURG, PA 17101 '3 ~.s;.."'~ ~ ~" C -0 ~:pnc: (~' ~5_l,,~ , ~. -, ~rE~::I:~-o ~t..O ~. .=ro~ bU1 ~ ~ :6 N ] ~ U.S. POSTAL SERVICE