HomeMy WebLinkAbout09-18-09 (2)~N RE: MIRIAM EVELYN ZUERNER: IN THE COURT OF COMMON PLEAS OF
An Alleged Incapacitated CUMBERLAND COUNTY, PENNSYLVANIA
Person ORPHANS' COURT DIVISION
NO. 2009-701
IN RE: PETITION OF GREEN RIDGE VILLAGE TO ADJUD TE p
INCAPACITATED PERSON AND TO APPOINT A PLENARY GUARD ~ OF I~R _~
PERSON AND ESTATE . ~ ~ ~;.~ ~~
BEFORE OLER J .
,~ ~
~ ~ ~ ~~
~ r r
' ~~
ORDER OF COURT
~~~
~ _ +~~\~
_~, -
~ - :~ a
{/~
AND NOW, this 17th day of Septe mber, ~0 0 9 , urn ~~?
consideration of the Petition of Green Ridge Village To
Adjudicate an Incapacitated Person and To Appoint a Plenary
Guardian of her Person and Estate, with respect to Miriam Evelyn
Zuerner, 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 pursuant
to medical testimony indicating that her appearance would be
injurious to her health), and at which evidence was presented by
the Petitioner in support of the petition, and at which
Ms. Zuerner's court-appointed counsel, David T. Miller, Esquire,
participated on her behalf, and based upon the Findings of Fact
contained in the accompanying opinion, the Court finds that
Miriam Evelyn Zuerner is an incapacitated person, she is
consequently adjudicated as such, and Good News Consulting, 140
Roosevelt Avenue, Suite 206, York, Pennsylvania, 17401, is
appointed plenary guardian of her person and estate.
No bond shall be required of the guardian.
However, the guardian is directed to maintain in full force and
effect its existing professional fiduciary liability insurance.
The. guardian shall file on a timely basis with
the Court all reports and accounts required by statute.
Miriam Evelyn Zuerner 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. e ey le Jr., J.
Jane Adams, Esquire
17 West South Street
Carlisle, PA 17013
For Petitioner
David T. Miller, Esquire
950 Walnut Bottom Road
Suite 15-209
Carlisle, PA 17014
Court-appointed counsel for Miriam Evelyn Zuerner
:mae
IN RE: MIRIAM EVELYN ZUERNER: IN THE COURT OF COMMON PLEAS OF
An Alleged Incapacitated CUMBERLAND COUNTY, PENNSYLVANIA
Person ORPHANS' COURT DIVISION
NO. 2009-701
IN RE: PETITION OF GREEN-RIDGE VILLAGE TO ADJUDICATE AN
INCAPACITATED PERSON AND TO APPOINT A PLENARY GUARDIAN OF HER
PERSON AND ESTATE.
BEFORE OLER J.
OPINION AND ORDER OF COURT
Oler, J., September 17, 2009.
At issue in the present case is whether Miriam Evelyn
Zuerner should be adjudicated an incapacitated person on a
permanent basis, and, if so, whether Good News Consulting,
140 Roosevelt Avenue, Suite 206, York, Pennsylvania, 17401,
should be appointed plenary guardian of her person and estate.
A hearing was held in this matter on September 17, 2009. The
allegedly-incapacitated person was not present for the hearing,
her presence having been excused by the Court pursuant to medical
testimony to the effect that her appearance would be harmful to
her health. The allegedly-incapacitated person was represented
by court-appointed counsel, David T. Miller, Esquire, who
participated in the hearing.
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 Miriam
Evelyn Zuerner, an adult individual with a date of birth of
May 24, 1924, and a domiciliary of Cumberland County,
Pennsylvania, who presently resides at Green Ridge Village,
210 Big Spring Road, Newville, Cumberland County, Pennsylvania,
17241.
2. Petitioner is Green Ridge Village, a nursing home
facility at the aforesaid address.
3. The allegedly-incapacitated person suffers from
advanced senile dementia, as well as diabetes, which has resulted
in heart disease and kidney disease, and is presently virtually
immobile.
4. As a consequence of her condition, Ms. Zuerner'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.
5. The value of Ms. Zuerner's estate is not known
precisely, but her income appears to be solely from Social
Security.
6. The prognosis for Ms. Zuerner is not favorable at
the present time.
7. Ms. Zuerner is in need of a plenary guardian of
her person and estate.
8. The duration of the necessary guardianship must be
considered at best indefinite, and for practical purposes
permanent.
9. Good News Consulting, 140 Roosevelt Avenue, Suite
206, York, Pennsylvania, 17401, is an appropriate entity to serve
as guardian of Ms. Zuerner's person and estate, and has indicated
its willingness to serve in that capacity.
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. Sections 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 17th day of September, 2009, upon
consideration of the Petition of Green Ridge Village To
Adjudicate an Incapacitated Person and To Appoint a Plenary
Guardian of her Person and Estate, with respect to Miriam Evelyn
Zuerner, 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 pursuant
to medical testimony indicating that her appearance would be
injurious to her health), and at which evidence was presented by
the Petitioner in support of the petition, and at which
Ms. Zuerner's court-appointed counsel, David T. Miller, Esquire,
participated on her behalf, and based upon the Findings of Fact
contained in the accompanying opinion, the Court finds that
Miriam Evelyn Zuerner is an incapacitated person, she is
consequently adjudicated as such, and Good News Consulting, 140
Roosevelt Avenue, Suite 206, York, Pennsylvania, 17401, is
appointed plenary guardian of her person and estate.
No bond shall be required of the guardian.
However, the guardian is directed to maintain in full force and
effect its existing professional fiduciary liability insurance.
The guardian shall file on a timely basis with
the Court all reports and accounts required by statute.
Miriam Evelyn Zuerner 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.
J. Wesley Oler, Jr., J.
Jane Adams, Esquire
17 West South Street
Carlisle, PA 17013
For Petitioner
David T. Miller, Esquire
950 Walnut Bottom Road
Suite 15-209
Carlisle, PA 17014
Court-appointed counsel for Miriam Evelyn Zuerner
:mae
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: MIRIAM EVELYN ZUERNER
AN ALLEGED INCAPACITATED PERSON CUMBERLAND COUNTY
PENNSYLVANIA
NO.21-09-0701
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 09- 17-09
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 09-18-09
IN RE: ORDER OF COURT
SERVICE TO: JANE ADAMS ESQ
DAVID T MILLER ESO
METHOD OF MAILING:
® LISPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 09-18-09
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
® CLERK OF ORPHANS COURT
SERVICE TO:
METHOD OF MAILING:
^ LISPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
De
Clerk of Orphans' Court