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Home My WebLink About05-04-10 (2)IN RE: GUARDIANSHIP OF IN THE COURT OF COMMON PLEAS OF SUSAN J. MYERS, AN CUMBERLAND COUNTY, PENNSYLVANIA ALLEGED INCAPACITATED ORPHANS' COURT DIVISION PERSON NO. 21-10-0220 ORPHANS' COURT IN RE: PETITION FOR ADJUDICATION OF ~ INCAPACITY AND APPOINTMENT OF GUARDIAN •-+C BEFORE OLER J . ~ .~- ~: AND NOW, this 26th day of April, 2010, upon -- consideration of the Petition for Guardianship filed in the ca above-captioned matter, and following a hearing at which the allegedly incapacitated person, Susan J. Myers, was not present (her presence having been excused by the Court), at which the Petitioner, Patricia A.M. Havens, Ms. Myers' sister, was present and represented by Steven P. Miner, Esquire, and at which evidence was presented by the Petitioner in support of the petition, and based upon the Findings of Fact contained in the accompanying opinion, the Court finds that the aforesaid Susan J. Myers is an incapacitated person, she is consequently adjudicated as such, and Patricia A.M. Havens is appointed plenary guardian of her person and estate. -~ . , ~` , ~.' ~.. l_1 f,. ~: 1 w :: ~ ~ _.. ~_w:h ~..~,~ r ~~! . . TY~f 4..' .i ~~~ No bond shall be required of the guardian, but the guardian is directed to file on a timely basis with the Court all reports and accounts required by statute. The powers of the guardian in this case, notwithstanding the foregoing general powers, shall not include the power to authorize administration of "shock treatments." Susan J. Myers 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 a termination of the order. Steven P. Miner, Esquire 1035 Mumma Road Suite 101 Wormleysburg, PA 17043 For Petitioner Grace D'Alo, Esquire 530 treason Road Carlisle, PA 17013 For Susan J. Myers, An Alleged Incapacitated Person George R. Myers 928 Wellsville Road Wellsville PA 17365 Pcb By the Court, y ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: SUSAN J MYERS AN ALLEGED INCAPACITATED PERSON CUMBERLAND COUNTY PENNSYLVANIA NO. 21-10-0220 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 04-26-10 JUDGE'S INITIALS: JWO TIME STAMP DATE: OS-04-10 IN RE: OPINION AND ORDER OF COURT SERVICE TO: GEORGE R MYERS GRACE D'ALO ESO STEPHEN MINER ESQ METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: OS-04-10 ENVELOPES PROVIDED BY• ^ PETITIONER ® JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY• ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT Deputy Clerk of Orphans' Court IN RE: GUARDIANSHIP OF IN THE COURT OF COMMON PLEAS OF SUSAN J. MYERS, AN CUMBERLAND COUNTY, PENNSYLVANIA ALLEGED INCAPACITATED ORPHANS' COURT DIVISION PERSON NO. 21-10-0220 ORPHANS' COURT ,? IN RE: PETITION FOR ADJUDICATION OF ~ ~ ~:.. INCAPACITY AND APPOINTMENT OF GUARDIAN ~ ~j ~"' -•+t ~ aw ~~ m ~ ~ ,~. BEFORE OLER J . ~~ ~ fi~ t, _~ ~ ~ ~ ~~ ~ -, OPINION AND ORDER OF COURT ~ t _.. Oler J, April 26, 2010. ~3 ., At issue in the present case is whether Susan J. Myers should be adjudicated an incapacitated person, and, if so, whether a guardian of her person and estate should be appointed on a permanent plenary basis. A hearing was held in this matter on April 26, 2010. The allegedly incapacitated person was not present for the hearing, her appearance having been excused by the Court pursuant to a medical recommendation of Maria B. Herrada, Doctor of Osteopathy, at the Holy Spirit Hospital, supported by the testimony of Dr. John M. Hume, a psychiatrist. Petitioner was represented by Steven P. Miner, Esquire, and the allegedly incapacitated person was represented by court-appointed counsel, Grace D'Alo, Esquire. It is noted that Ms. D'Alo concurred in the waiver of the requirement that the allegedly incapacitated person be present for 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 Susan J. Myers, a 57-year-old single woman, born November 15, 1952, who is presently domiciled at 1004 Havenwood Court, Mechanicsburg, Cumberland County, Pennsylvania, and is presently subject to involuntary mental health treatment at the Holy Spirit Hospital, 503 North 21st Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Petitioner is Patricia A.M. Havens, an adult individual and sister of the allegedly incapacitated person who resides at 1235 Crestfield Drive, Williamsport, Pennsylvania 17701. 3. The allegedly incapacitated person suffers from Schizoaffective Disorder and has suffered from that condition for a number of years. 4. As a consequence of her condition, Ms. Myers' 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. Ms. Myers' estate is valued at approximately $500,000, the bulk of which is already in a trust which is administered by the Petitioner. 6. The prognosis for Ms. Myers is unclear at this time. 7. Ms. Myers is in need of a plenary guardian of her person and estate. 8. The duration of the necessary guardian must be considered to be at best indefinite at this time. 9. Petitioner Patricia A.M. Havens is an individual qualified to serve as guardian of the person and estate of Ms. Myers and appears to the Court to have her best interest at heart. 10. Petitioner presently holds a general power of attorney from the allegedly incapacitated person but it has proven insufficient to address the needs of Ms. Myers at this time. 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 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 26th day of April, 2010, upon consideration of the Petition for Guardianship filed in the above-captioned matter, and following a hearing at which the allegedly incapacitated person, Susan J. Myers, was not present (her presence having been excused by the Court), at which the Petitioner, Patricia A.M. Havens, Ms. Myers' sister, was present and represented by Steven P. Miner, Esquire, and at which evidence was presented by the Petitioner in support of the petition, and based upon the Findings of Fact contained in the accompanying opinion, the Court finds that the aforesaid Susan J. Myers is an incapacitated person, she is consequently adjudicated as such, and Patricia A. M. Havens is appointed plenary guardian of her person and estate. No bond shall be required of the guardian, but the guardian is directed to file on a timely basis with the Court all reports and accounts required by statute. The powers of the guardian in this case, notwithstanding the foregoing general powers, shall not include the power to authorize administration of "shock treatments." Susan J. Myers 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 a termination of the order. By the Court, /s/ J. Wesley Oler, Jr., J. J. Wesley Oler, Jr., J. Steven P. Miner, Esquire 1035 Mumma Road Suite 101 Wormleysburg, PA 17043 For Petitioner Grace D'Alo, Esquire 530 treason Road Carlisle, PA 17013 For Susan J. Myers, An Alleged Incapacitated Person pcb