HomeMy WebLinkAbout04-02-13 (2) C>
IN THE COURT OF COMMON PLEAS OEt= C> M M n
CUMBERLAND COUNTY, PENNSYLVANIA 3=
NINTH JUDICIAL DISTRICT M =r n
>. r- rv�
ORPHANS ' COURT DIVISION =r- " M
cn 70
NO. 21-13-0173 C-> Ca
IN RE: ESTATE OF COLETTE B. HUBBAPD::0
AN ALLEGED INCAPACITATED PERSON -,
OPINION
April 1, 2013
At issue in the present case is whether
Colette B. Hubbard should be adjudicated an incapacitated
person on a permanent basis, and whether Brian Brooks, doing
business as Pennsylvania Guardianship Association, should be
appointed plenary guardian of her estate. A living will
vests power of the medical decisions with her daughter
Nadine Keaveney. A hearing was held on the 1st of April,
2013 . Ms . Hubbard was present, coming in during the
introduction of Dr. Binder. Her court-appointed counsel,
Robert Kline, Esquire, was present and participated in the
hearing. Based on the evidence presented at the hearing the
following Findings of Fact are made:
FINDINGS OF FACT
1 . The alleged incapacitated person is
Colette B. Hubbard, an individual and domiciliary of
Cumberland County, Pennsylvania, who presently resides at
1700 Market Street, Camp Hill, which is the ManorCare Health
Services .
J
2 . Petitioner is ManorCare Health Services
of Camp Hill .
3 . The alleged incapacitated person suffers
from dementia with profound short term memory loss as
testified to by Dr. Eric Binder. As a result of her
condition, Ms . Hubbard' 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, totally unable to
meet her essential requirements for physical health and
safety.
4 . Ms . Hubbard' s estate is generally
unknown, however her only source of known income comes from
Social Security in the amount of $1, 496 monthly.
5 . The prognosis for Ms . Hubbard is
unfavorable at the present time .
6 . Ms . Hubbard is in need of a plenary
guardian of her person and estate. The duration of the
necessary guardianship must be considered at best
indefinite, and for practical purposes permanent .
7 . The proposed guardian, Brian Brooks,
doing business as Pennsylvania Guardianship Association of
Lancaster, is appropriate to serve as guardian of
Ms . Hubbard' s estate and is qualified under the statute to
do so. Mr. Brooks maintains liability insurance for his
1r
fiduciary responsibilities .
8 . The foregoing Findings of Fact are made
on the basis of clear and convincing evidence.
The Petitioner has substantially complied
with the provisions respecting an adjudication of an
incapacitated person found at Title 20 of the Pennsylvania
Consolidated Statutes Section 5501, et seq. , and based on
the above Findings of Fact, the proposed Final Decree will
be entered as an Order of Court .
By the Court,
Thomas . Placey C. P. J.
Benjamin J. Glatfelter, Esquire
P.O. Box 5100
Harrisburg, PA 17110-0100
For Petitioner
Robert P. Kline, Esquire
714 Bridge Street
New Cumberland, PA 17070
For Colette B. Hubbard
ManorCare Health Services - Camp Hill
Attn: Colette B. Hubbard
1700 Market Street
Camp Hill, PA 17011
Nadine Keaveney
1238 Painted Fern Road
Denton, MD 21629
Nathalie Haslbeck
316 Early Pride Court
Pasadena, MD 21122
:mae
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: Colette B.Hubbard,An Alleged Incap Person CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-13-0173
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 4/2/13
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 4/2/13
IN RE: OPINION
............................................................................................................................
SERVICE TO: BENJAMIN J GLATFELTER PO BOX 5100 HARRISBURG PA 17110-0100
NATALIE HASLBECK 316 EARLY PRIDE COURT PASADENA MD 21122
NADINE KEAVENEY 1238 PAINTED FERN RD DENTON MD 21629
METHOD OF MAILING: ENVELOPES PROVIDED BY:
®USPS ®PETITIONER
❑ RRR ❑JUDGE
❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
................................................................
SERVICE TO: MANOR HEALTH SERVICES 1700 MARKET STREET CAMP HILL PA 17011
ROBERT P KLINE 714 BRIDGE ST PO BOX 461 NEW CUMBERLAND PA 17070-0461
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS ❑PETITIONER
❑ RRR ❑ JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 4/3/13
Deputy
Clerk of Orphans' Court