HomeMy WebLinkAbout01-11-13 (2)IN RE: JAY W. BEDARD IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NINTH JUDICIAL DISTRICT
ORPHANS' COURT DIVISION
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_:..: .:;~ `~~`~ ~~ ZN~,~ ~2E : PETITION FOR APPOINTMENT OF GUARDIAN
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~q~ ~ e~ ~ BEFORE THOMAS A. PLACEY, C . P . J.
January 7, 2013
At issue in the present case is whether Jay W.
Bedard should be adjudicated an incapacitated person on a
permanent basis, and if yes whether Kelly Landis should be
appointed plenary guardian of his person and estate. A
hearing was held in this matter on the 7th of January 2013.
The allegedly-incapacitated person was present and his
court-appointed counsel, Grace E. D'Alo, Esquire, was
present and participated in the hearing. Based on the
evidence presented at the hearing, the following Findings of
Fact and Discussion are made in advance of signing the
prepared order:
FINDINGS OF FACT
1. The allegedly-incapacitated person is
Jay W. Bedard, an adult individual and domiciliary of
Cumberland County, Pennsylvania, whose present address is
227 Pine Road, Mt. Holly Springs, Pennsylvania.
2. Petitioner is the sister of the alleged
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incapacitated person, whose address is 423 Main Street,
York Springs, Pennsylvania.
3. The allegedly-incapacitated person
suffers from mild to moderate retardation. As a consequence
of his condition, Jay W. Bedard's ability to receive and
evaluate information effectively and communicate decisions
is impaired to such a significant extent that he is totally
unable to manage his financial resources, and totally unable
to meet essential requirements for his physical health and
safety.
4. Jay W. Bedard's estate is approximately
$900 in cash and $2,000 in personal property.
5. Jay W. Bedard's annual income is
approximately $8,900 from Social Security, and approximately
$550 monthly from Kohl's Department Store.
6. The prognosis for Jay W. Bedard is
unfavorable at the present time.
7. Jay W. Bedard is in need of a plenary
guardian of his person and estate. The duration of the
necessary guardianship must be considered at best
indefinite, and for practical purposes permanent.
8. Proposed guardian Kelly Landis is an
appropriate person to serve as guardian of Jay W. Bedard's
person and estate, and is qualified under the statute to do
so.
9. 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 proposed Order of Court will be signed.
By the Court,
Thomas A. lacey C.P.J.
David H. Radcliff, Esquire
1011 Mumma Road, Suite 201
Lemoyne, PA 17043
Kelly A. Landis
423 Main Street
York Springs, PA 17372
Barbara and Joseph Bedard
227 Pine Street
Mt. Holly Springs, PA 17065
Grace E. D'Alo, Esquire
530 treason Road
Carlisle, PA 17015
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: JAY BEDARD CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-12-1154
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 1/7/13
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 1/11/13
IN RE: OPINION
SERVICE TO: DAVID RADCLIFF KELLY LANDIS BARBARA AND JOSEPH BEDARD
GRACE D'ALO
METHOD OF MAILING:
® LISPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 1/11/13
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
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