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HomeMy WebLinkAbout02-22-12IN RE: RAYMOND CLARK, IN THE COURT OF COMMON PLEAS OF An Alleged Incapacitated Person CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ~~ : NO. 21-12-0040 ~._. ~_~`. =~ "` ~G~u ORDER OF COURT mss: ~,;~ - ~ ~' ~ v ~~ ~ AND NOW, this 16th day of February, 2012, upon ~ ~: `'_, ; co~ider~~.on of the Petition of Golden Living Center - West Shore `~`- to~adjudi~.te an incapacitated person and appoint a plenary guardian of his person and estate with respect to Raymond Clark, an adult residing in Cumberland County, Pennsylvania, at 770 Poplar Church Road, Camp Hill, and following a hearing at which the alleged incapacitated person was not present for the hearing but at which the alleged incapacitated person was represented by Mark Bayley, Esquire, and the reason for the alleged incapacitated person, Raymond Clark, not being here was explained by his treating physician as safety reasons which the Court accepts, and at which evidence was presented by the Petitioner in support of the petition, and based upon the Findings of Fact in the accompanying opinion, the Court finds that Raymond Clark is an incapacitated person. He is consequently adjudicated as such, and Keystone Guardianship Services, whose address is P.O. Box 804, Elizabethville, PA 17023, is appointed plenary guardian of his person and estate. No bond shall be required by the guardian, but the guardian is directed to maintain the present fiduciary liability insurance which it has in effect. The guardian of the estate shall have the authority and responsibility to manage and use the incapacitated person's property for his benefit in accordance with Title 20 Pa.C.S.A § 5536(a). The guardian is permitted to spend income for the r,. incapacitated person without the Court's written approval. The guardian shall be entitled to reasonable fees for services provided to the incapacitated person including a start up fee of $500. If the incapacitated person qualifies for medical assistance benefits, the guardian shall be entitled to $100 per month or other amount established by the Commonwealth. The guardian shall file on a timely basis with the Court all reports and accounts required by statute Raymond Clark is hereby notified of his right to appeal to the Pennsylvania Superior Court from this adjudication of incapacity within 30 days of its entry and to petition at any time for a modificatidn or termination of this order. Benjamin J. Glatfelter, Esquire Kennedy, PC Law Offices P.O. Box 5100 Harrisburg, PA 1.7110-0100 For the Petitioner Mark F. Bayley, Esquire Bayley & Mangan 17 West South St',reet Carlisle, PA 170;13 FoY` Raymond Clark Golden Living Center - West Shore 770 Poplar Church Road Camp Hill, PA 17'011 Keystone Guardianship Services P.O. Box 804 Elizabethville, PA 17023 :mlc By the Cou IN RE: RAYMOND C$.~ARK, IN THE COURT OF COMMON PLEAS OF An,~,lleged Incapacitated Person CUMBERLAND COUNTY, PENNSYLVANIA e. ORPHANS' COURT DIVISION ~! .• ~ ~ NO. 21-12-0040 t~_.; _ rte-, _`. -- J ~ _ - ~.~~,~~- OPINION c~.t ~ ~. ca:, c> ~.; At is sue in this case is whether Raymond Clark should =, .~ W.: ~c_ `~be `-'~djud~~ed an incapacitated person on a permanent basis and if Keystone Guardianship Services should be appointed plenary guardian of his person and; estate. A hearing on the matter was held on February 16, 2012. The alleged incapacitated person, Raymond Clark, wajs not present, his appearance having been excused through the testimony of his treating physician for safety reasons. Raymond Clark's Court-appointed counsel, Mark Bayley, Esquire, was present and participated in the hearing as well as counsel for Golden Living Center, Benjamin Glatfelter, Esquire. Based on 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 alleged '''ncapacitated person is Raymond Clark, an adult individual and miciliary of Cumberland County who presently resides at the lden Living Center - West Shore, 770 Poplar Church Road, Camp Hill,'~Pennsylvania 17011. 2. Petitioner L~ Golden Living Center of 770 Poplar Church Road in Camp Hill. ', 3. The alleged'incapacitated person suffers from a cognitive disorder not otY~erwise specified but referring to vascular Alzheimer and/o dementia which is progressive in nature. 4. As a conseq ence of his condition, Raymond Clark's ability to receive and eva'uate information effectively and communicate decisions is im'aired to such a significant extent that he is totally unable o manage his financial resources and totally unable to meet essenti l requirements for his physical health and safety. 5. Raymond Clar'k's estate is insignificant and unvalued. His monthly income ~s approximately $1,392 from Social Security with an unknown pension: 6. The prognos~s for Raymond Clark as an incapacitated person is unfavorable at this time based on the Doctor's progressive diagnosis. 7. Mr. Clark is ~.n need of plenary guardian of his person and estate. 8. The duration ~f necessary guardianship must be considered at best indefinite a~d for practical purposes permanent. 9. The proposed uardian, Keystone Guardian Services, whose address is P.O. B~x 804, Elizabethville, Pennsylvania 17023, is appropriate to sej've as Mr. Clark's guardian and estate and is qualified under t~~e statute to do so. 10. The foregoing Findings of Fact are made on the basis of clear and convincing evhidence. ' DISCUSSION The Petitioner his substantially complied with the provisions with respect to the a judication of the incapacitated person contained in 20 Pa. C.S. §'5501 et sec., and based on the findings of fact, the following or er of court will be entered: ORDER OF COURT AND', NOW, this 16th day of February, 2012, upon consideration of the Petition of Golden Living Center - West Shore to adjudicate anyincapacitated person and appoint a plenary uardian of his Jerson and estate with respect to Raymond Clark, an g adult residing iii Cumberland County, Pennsylvania, at 770 Poplar i Church Road, Cam Hill, and following a hearing at which the alleged incapaci'~,fcated person was not present for the hearing but at which the allegel~ incapacitated person was represented by Mark. Bayley, Esquire,'~~and the reason for the alleged incapacitated person, Raymond'I~Clark, not being here was explained by his treating physician as sa~~ety reasons which the Court accepts, and at which evidence was pr~sented by the Petitioner in support of the petition, and b~sed upon the Findings of Fact in the accompanying opinion, the Court finds that Raymond Clark is an incapacitated i person. He is Consequently adjudicated as such, and Keystone i Guardianship Se~vices, whose address is P.O. Box 804, Elizabethville,;PA 17023, is appointed plenary guardian of his person and estate; No bind shall be required by the guardian, but the guardian is direc~ed to maintain the present fiduciary liability insurance which i~ has in effect. The guardian of the estate shall have the authority and responsibility to manage and use the incapacitated person's property for his benefit in accordance with Title 20 Pa.C.S.A ~ 5536(a). The jguardian is permitted to spend income for the incapacitated perjson without the Court's written approval. The',~guardian shall be entitled to reasonable fees for services provided to the incapacitated person including a start up fee of $500. If ~.he incapacitated person qualifies for medical assistance benef~ts, the guardian shall be entitled to $100 per month or other a,l~ount established by the Commonwealth. The guardian shall file on a timely basis with the i Court all report and accounts required by statute Raymond Clark is hereby notified of his right to appeal to the Pennsylvania Superior Court from this adjudication of incapacity withil~ 30 days of its entry and to petition at any time for a modification or termination of this order. By the Court, Thomas A. Placey Thomas A. Placey, C.P.J. j ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: Raymond Clark I CUMBERLAND COUNTY 'J PENNSYLVANIA NO. 21-12-0040 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE: IN RE: SERVICE TO: METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 2/22/ 12 ENVELOPES PROVIDED BY: ® PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: KEYSTON { GUARDIAN SERVICES MARK F BAYLEY METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 2/22/ 12 ENVELOPES PROVIDED BY: ^ PETITIONER ® JUDGE ^ CLERK OF ORPHANS COURT i ~.. Deputy // Clerk of Orphans' Court ( /