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IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF
CAROL M. KEENY CUMBERLAND COUNTY, PENNSYLVANIA
AN ALLEGED INCAPACITATED ORPHANS' COURT DIVISION
PERSON NO. 21-09-466
IN RE: PETITION OF ADJUDICATION OF INCAPACITATED AND APPOINTMENT
OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE WITH
20 PA.C.S.A. SECTION 5511.
Before OLER, J.
ORDER OF COURT ~ +~.,
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AND NOW this 23rd da of June, 2009, ~ ~ rr`~ ~~ ~~
consideration of the Petition of Adjudication of Inca~-~~y an'~ -" %t
Appointment of Plenary Guardian of the Estate and Pe~ in ~ ~~`~:
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Accordance with 20 PA.C.S.A. Section 5511 with respect to ,~ -,t-.~
Carol M. Keeny, 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 evidence was presented by the Petitioner in support of the
petition, and based upon the foregoing Findings of Fact, the
Court finds that Carol M. Keeny is an incapacitated person, she
is consequently adjudicated as such, and Petitioner, Gary Rand,
II, Ms. Keeny's eldest son, is appointed plenary guardian of her
person and estate.
No bond shall be required of the guardian.
The guardian shall file on a timely basis with
the Court all reports and accounts required by statute.
Carol M. Keeny is hereby notified of her 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.
By the Court,
J. esley J . , J.
Marlin L. Markley, Esquire
Foreman, Foreman & Caraciolo, P.C.
112 Market Street
6th Floor
Harrisburg, PA 17101
For Petitioner
Carol M. Keeny
15112 Capital View Drive
New Cumberland, PA 17070-2240
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IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF
CAROL M. KEENY CUMBERLAND COUNTY, PENNSYLVANIA
AN ALLEGED INCAPACITATED ORPHANS' COURT DIVISION
PERSON NO. 21-09-466
IN RE: PETITION OF ADJUDICATION OF INCAPACITATED AND APPOINTMENT
OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE WITH
20 PA.C.S.A. SECTION 5511.
Before OLER, J.
OPINION AND ORDER OF COURT
Oler, J. , June 23, 2009.
At issue in the present case is whether Carol M. Keeny
should be adjudicated an incapacitated person, and, if so,
whether her son, Gary Rand, II, a resident of Potomic, Maryland,
should be appointed plenary guardian of her person and estate.
A hearing was held on this matter on June 23, 2009. The
allegedly-incapacitated person was not present for the hearing,
her presence having been excused by the Court pursuant to an
affidavit submitted by her physician, Jihua Cheng, to the effect
that her presence would be harmful to her health.
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 Carol
M. Keeny, an adult individual and domiciliary of Cumberland
County, Pennsylvania, who presently is a patient at the Holy
Spirit Hospital in Camp Hill, Cumberland County, Pennsylvania;
2. Petitioner is Gary Rand, II, an adult
individual who resides at 1481 Dunster Lane, Potomic, Maryland,
20854. Mr. Rand is one of the sons of the
allegedly-incapacitated person;
3. The allegedly-incapacitated person suffers
from encephalitis;
4. As a consequence of her condition,
Ms. Keeny's ability to receive and evaluate information
effectively and communicate decisions is at least temporarily
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;
5. The value of Ms. Keeny's estate is
approximately $270,000, and her yearly income is approximately
$44,872;
6. The prognosis for Ms. Keeny is favorable at
this time;
7. Ms. Keeny is presently in need of a plenary
guardian of her person and estate;
8. The duration of the necessary guardianship
must be considered at this time indefinite;
9. The Petitioner is an appropriate individual
to serve as guardian of Ms. Keeny's person and estate, and is
qualified under the statute to do so;
10. 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. Section 5501 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 23rd day of June, 2009, upon
consideration of the Petition of Adjudication of Incapacity and
Appointment of Plenary Guardian of the Estate and Person in
Accordance with 20 PA.C.S.A. Section 5511 with respect to
Carol M. Keeny, 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 evidence was presented by the Petitioner in support of the
petition, and based upon the foregoing Findings of Fact, the
Court finds that Carol M. Keeny is an incapacitated person, she
is consequently adjudicated as such, and Petitioner, Gary Rand,
II, Ms. Keeny's eldest son, is appointed plenary guardian of her
person and estate.
No bond shall be required of the guardian.
The guardian shall file on a timely basis with
the Court all reports and accounts required by statute.
Carol M. Keeny is hereby notified of her 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.
By the Court,
/s/ J. Wesley Oler, Jr.
J. Wesley Oler, Jr. , J.
Marlin L. Markley, Esquire
Foreman, Foreman & Caraciolo, P.C.
112 Market Street
6th Floor
Harrisburg, PA 17101
For Petitioner
Carol M. Keeny
15112 Capital View Drive
New Cumberland, PA 17070-2240
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: CAROL M. KEENY CUMBERLAND COUNTY
PENNSYLVANIA
N0.21-09-0466
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 06-23-09
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 06-25-09
IN RE: ORDER OF COURT/ OPINION AND ORDER OF COURT
SERVICE TO: CAROL M KEENY, MARLIN L MARKLEY ESO
METHOD OF MAILING:
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MAILED: 06-25-09
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METHOD OF MAILING:
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Clerk of Orphans' Court