HomeMy WebLinkAbout04-22-13 IN RE: RENA G. BURK, IN THE COURT OF COMMON PLEAS OF
Alleged Incapacitated Person CUMBERLAND COUNTY, PENNSYLVANIA
NINTH JUDICIAL gISTRICT� �
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IN RE: APPOINTMENT OF GUARDIAN .. . '`
OPINION AND ORDER OF COURT
BY THOMAS A. PLACEY, C.P.J. - �
April 11, 2013
At issue in the present case is whether Rena G.
Burk should be adjudicated an incapacitated person on a permanent
basis, and if yes whether Barbara B. Schorr, her sister, and
Kathy L. Hughes, her niece, should be appointed plenary
co-guardians of her estate and person. A hearing was held in
this matter on April 11, 2013 . Ms . Burk was not present for the
hearing, as she is currently in the lockdown floor of the Country
Meadows Nursing Home and forcing her appearance could be harmful.
Her court-appointed counsel, Lisa M. Coyne, Esquire, was present
and participated in the hearing. 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 allegedly incapacitated person is Rena G.
Burk, an adult individual and domiciliary of Cumberland County,
Pennsylvania, who presently resides at 4837 East Trindle Road in
Mechanicsburg, Pennsylvania.
2 . Petitioners are Barbara Schorr and Kathy
Hughes, who live at 110 Hampden Avenue, Camp Hill, Pennsylvania,
and 740 Kise Mill Road, York Haven, Pennsylvania respectively.
3 . The allegedly incapacitated person suffers
from senile dementia, Alzheimer' s type. As a consequence of her
condition, Ms . Burk' 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.
4 . Ms. Burk' s estate consists of a home that the
County has valued at $166, 000, of which testimony indicates a
$40, 000 mortgage was placed on it by the past Power of Attorney,
and her monthly income is believed to be about $4, 000 from
pensions and Social Security.
S . The prognosis for Ms . Burk is poor given the
nature of her disability.
6. Ms . Burk is in need of a plenary guardian of
her person and estate. The duration of the guardianship must be
considered at best indefinite and for practical purposes
permanent.
7 . The proposed guardians are appropriate to
serve as guardian of Rena G. Burk' s person and estate and are
qualified to do so under statute.
8 . The foregoing Findings of Fact are made on
the basis of clear and convincing evidence.
DISCUSSION
The provisions respecting an adjudication of an
incapacity are contained in Title 20 of the Pennsylvania
Consolidated Statutes at Section 5501 et seq. The Petitioners
have substantially complied with these provisions, and based on
the foregoing Findings of Fact the following Order of Court will
be entered:
ORDER OF COURT
AND NOW, this 11th day of April, 2013, upon
consideration of the Petition of Barbara Schorr and Kathy Hughes
to adjudicate an incapacitated person and appoint a plenary
co-guardian of her person and estate with respect to Rena G.
Burk, an adult domiciliary of Cumberland County residing at
Country Meadows Nursing Home, East Trindle Road, Mechanicsburg,
and following a hearing held this date at which Ms . Burk was not
present but was represented by Lisa M. Coyne, Esquire, and at
which evidence was presented by the Petitioners in support of the
petition, and based on the Findings of Fact contained in the
accompanying opinion, the Court finds Rena G. Burk is an
incapacitated person. She is consequently adjudicated as such,
and Barbara B. Schorr and Kathy L. Hughes are appointed plenary
co-guardians of her person and estate. No bond shall be required
of the co-guardians .
The co-guardians shall request an accounting and
fiduciary report of the late of Ernest E. Bolton.
By the Court,
Thomas A. P acey C. P. J.
Craig A. Diehl, Esquire
3464 Trindle Road
Camp Hill, PA 17011
Lisa M. Coyne, Esquire
3901 Market Street
Camp Hill, PA 17011-4227
The Estate of Ernest E. Bolton
40 North Enola Drive
Enola, PA 17025
Kathy L. Hughes
740 Kise Mill Road
York Haven, PA 17330
Barbara B. Schorr
110 Hampden Avenue
Camp Hill, PA 17011
Rena G. Burk
Country Meadows - Room 224
4837 East Trindle Road
Mechanicsburg, PA 17055
Owen Bowman (brother)
3258 Peters Mountain Road
Halifax, PA 17032
Randy Bowman (brother)
3218 West Hood Avenue
Santa Anna, CA 92704
Joan Enders (sister)
Box 439
Matamoras Road
Halifax, PA 17032
Lucille Havens (sister)
1515 Ocean Drive
Vero Beach, FL 32963
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: RENA G BURK CUMBERLAND COUNTY
PENNSYLVANIA
NO.21-12-1300
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 4/11/13
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 4/22/13
IN RE: OPINION AND ORDER OF COURT
SERVICE TO: CRAIG A DIEHL 3464 TRINDLE ROAD CAMP HILL PA 17011
LISA M COYNE 3901 MARKET ST CAMP HILL PA 17011
ESTATE OF ERNEST E BOLTON 40 NORTH ENOLA DR ENOLA PA 17025
KATHY L HUGHES 740 KISE MILL RD YORK HAVEN PA 17370• RENA G BURK COUNTRY MEADOWS RM 224
4837 E TRINDLE RD MECHANICSBURG PA 17055
METHOD OF MAILING: ENVELOPES PROVIDED BY:
®USPS N PETITIONER
❑HAND DELIVERED El CLERK OF ORPHANS COURT
❑ OTHER
MAILED:4/22/13
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SERVICE TO: BARBARA B SCHORR 110 HAMPDEN AVE CAMP HILL PA 17011
OWEN BOWMAN 3258 PETERS MTN RD HALIFAX PA 17032
RANDY BOWMAN 3218 W HOOD AVE SANTA ANNA CA 92704
JOAN ENDERS BOX 439 MATAMORAS RD HALIFAX PA 17032
LUCILLE HAVENS 1515 OCEAN DR VERO BEACH FL 32963
METHOD OF MAILING: ENVELOPES PROVIDED BY:
®USPS ❑PETITIONER
❑RRR ❑JUDGE
❑HAND DELIVERED ®CLERK OF ORPHANS COURT
❑OTHER
MAILED:4/22/13
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