Loading...
HomeMy WebLinkAbout06-28-07 (2) IN RE: IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION CYNTHIA N. STAGER, An Alleged Incapacitated Person NO. 21-07-0541 IN RE: PETITION FOR THE APPOINTMENT OF PERMANENT PLENAR~ = GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 2<2P.S. =:3 SECTION 5513 70 C- :o;g c: i ' --,- (") ::z: :z M=; N - :::0 ()) (j)::;;<':. 00 ,--) 0 -" ~j~ - ~ AND NOW, this 28th day of June, 2007, upo~ BEFORE OLER J. ORDER OF COURT -u ::r.:: <f? N -J consideration of the Petition for Appointment of a Permanent Plenary Guardian of the Person and Estate Pursuant to 20 P.S. Section 5513 with respect to Cynthia N. Stager, an allegedly incapacitated person, and following a hearing, at which the allegedly incapacitated person was not present (her presence having been excused by the Court), and at which she was represented by court-appointed counsel, Michael J. Collins, Esquire, and at which evidence was presented by the Petitioner in support of the petition, and at which an exhibit was admitted indicating the willingness of Keystone Guardianship Services to serve as guardian of the allegedly incapacitated person's estate, and based upon the foregoing Findings of Fact, 'the Court finds that Cynthia N. Stager is an incapacitated person, she is consequentl~ adjudicated as such, the Area Agency on Aging in and for Cumberland County, Pennsylvania, is appointed plenary guardian of her person, and Keystone Guardianship Services -0 -n Fn rf:-, /~ ~f~'~ ~ :;: 1 C.:J (') C~ -'I-r1 ._ -n :-': ('''5 ,= r'n t.,. c'::> ,-) :,,1~1 is appointed plenary guardianship of her estate. No bond shall be required of either guardian. The guardians shall file on a timely basis with the Court all reports and accounts required by statute. Cynthia N. Stager and her counsel, Michael J. Collins, Esquire, are hereby notified of Ms. Stager's right to appeal to the Pennsylvania Superior Court from the adjudication of incapacity herein within 30 days of its entry, and to petition at any time for a modification or termination of the order. The guardian of the person of Ms. Stager is directed to locate appropriate homes for any pets which may be in need of homes. By the Court, J. Anthony L. DeLuca, Esquire For Petitioner Michael J. Collins, Esquire Court-appointed counsel For Cynthia N. Stager :mae v IN RE: IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION CYNTHIA N. STAGER, An Alleged Incapacitated Person NO. 21-07-0541 IN RE: PETITION FOR THE APPOINTMENT OF PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. SECTION 5513 BEFORE OLER J. OPINION and ORDER OF COURT Oler, J., June 28, 2007. At issue in the present case is whether Cynthia N. Stager should be adjudicated an incapacitated person on a permanent basis, and, if so, whether the Area Agency on Aging in and for Cumberland County, Pennsylvania, should be appointed plenary guardian of her person and whether Keystone Guardianship Services of Millersburg, Pennsylvania, and Harrisburg, Pennsylvania, should be appointed plenary guardian of her estate. A hearing was held in this matter on June 28, 2007. The allegedly incapacitated person was not present for the hearing, her presence having been excused by the Court pursuant to medical testimony and without objection on the part of her court-appointed counsel, Michael J. Collins, Esquire, who was present. Based upon the evidence presented at the hearing, the following Findings of Fact, Discussion and Order of Court are made and entered: FINDINGS OF FACT 1. The allegedly incapacitated person is Cynthia N. Stager, an adult individual and domiciliary of Cumberland County, Pennsylvania, who has a home at 2535 Rolo Court, Mechanicsburg, Cumberland County, Pennsylvania. 2. Petitioner is the Area Agency on Aging in and for Cumberland County, Pennsylvania, which has offices at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 3. The allegedly incapacitated person is presently a resident at the Manorcare Nursing Home, 940 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 4. The allegedly incapacitated person suffers from a condition known medically as delirium, possibly as the result of dementia, as well as from a number of other medical conditions. 5. As a consequence of her condition, the allegedly incapacitated person's 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. 6. The value of the allegedly incapacitated person's estate is between $30,000 and $150,000. 7. The prognosis for the allegedly incapacitated person at this time is not favorable. 8. The allegedly incapacitated person is in need of a plenary guardian of her person and estate. 9. The duration of the necessary guardianships must be considered at best indefinite, and, for practical purposes, permanent. 10. The Petitioner, the Area Agency on Aging in and for Cumberland County, Pennsylvania, which has offices at 16 West High Street, Carlisle, Cumberland County, Pennsylvania, is an appropriate entity to serve as guardian of the allegedly incapacitated person's person and Keystone Guardianship Services, having offices at 129 Market Street, Suite 1, Millersburg, Pennsylvania, 17061, and 2941 North Front Street, Suite 112, Harrisburg, Pennsylvania, 17110, is an appropriate entity to serve as guardian of her estate. 11. 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. Sections 5570 et. seq. The Petitioner has 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 28th day of June, 2007, upon consideration of the Petition for Appointment of a Permanent Plenary Guardian of the Person and Estate Pursuant to 20 P.S. Section 5513 with respect to Cynthia N. Stager, an allegedly incapacitated person, and following a hearing, at which the allegedly incapacitated person was not present (her presence having been excused by the Court), and at which she was represented by court-appointed counsel, Michael J. Collins, Esquire, and at which evidence was presented by the Petitioner in support of the petition, and at which an exhibit was admitted indicating the willingness of Keystone Guardianship Services to serve as guardian of the allegedly incapacitated person's estate, and based upon the foregoing Findings of Fact, the Court finds that Cynthia N. Stager is an incapacitated person, she is consequently adjudicated as such, the Area Agency on Aging in and for Cumberland County, Pennsylvania, is appointed plenary guardian of her person, and Keystone Guardianship Services is appointed plenary guardianship of her estate. No bond shall be required of either guardian. The guardians shall file on a timely basis with the Court all reports and accounts required by statute. Cynthia N. Stager and her counsel, Michael J. Collins, Esquire, are hereby notified of Ms. Stager's right , ' to appeal to the Pennsylvania Superior Court from the adjudication of incapacity herein within 30 days of its entry, and to petition at any time for a modification or termination of the order. The guardian of the person of Ms. Stager is directed to locate appropriate homes for any pets which may be in need of homes. By the Court, /s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Anthony L. DeLuca, Esquire For Petitioner Michael J. Collins, Esquire Court-appointed counsel For Cynthia N. Stager :mae