HomeMy WebLinkAbout06-02-14 �
.� �
1",�
�
IN RE : ESTATE OF . IN THE COURT OF COMMON PLEAS OF
ANNA BOWER, . CUMBERLAND COUNTY, PENNSYLVANIA
An alleged . NINTH JUDICIAL DISTRICT
incapacitated . ORPHANS ' COURT DIVISION
Individual . 21-14-0375 � �
n � `� r�i
� Q ;"t1 C'�
� C- C,'7 �
r, �7 C
IN RE: PETITION FOR ADJUDICATION OF INCAPACITYf�P�'? �` :'...' c-i
APPOINTMENT OF PLENARY GUARDIAN OF PERSON AND FS'��s-E �' ��
r�i `", �..�
. '�'.� ; . , c-�
OPINION - . , "o '''' -T,
�' `=; �. � -n
, ., :� -�� --
,_:, �.-- :: c�
Before Thomas A. Placey, C. P. J. - �; ~' �-- �
� � c�� o
At issue in the present case is whether Anna
M. Bower should be adjudicated an incapacitated person on a
permanent basis, and, if yes, should her daughter, Jill
Pierce, be appointed plenary guardian of her person and
estate . A hearing was held in this matter on the 2nd of
June, 2014 . The alleged incapacitated person was not
present for the hearing, her presence having been excused by
the Court pursuant to medical testimony indicating that her
appearance could be harmful to her mental health.
Ms . Bower' s court-appointed counsel, Jane Adams, 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:
l . The allegedly incapacitated person is
Anna M. Bower, an adult individual and domiciliary of
Cumberland County, Pennsylvania, who presently resides at
the Sarah Todd Nursing Home, 1000 West South Street,
�
�
Carlisle, Pennsylvania.
2 . Petitioner is Jill Pierce, whose address
is 2000 Highland Circle, Camp Hill, Pennsylvania.
3 . Ms . Bower suffers from dementia in its
slowly progressive form.
4 . As a consequence of her condition,
Ms . Bower' 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.
5 . Ms . Bower ' s estate has no assets and her
monthly income of approximately $1, 235 comes from Social
Security, which is supplemented by payments by Ms . Pierce
for items at the nursing home .
6 . The prognosis for Ms . Bower is very poor,
likely zero at the present time pursuant to the testimony of
Dr. Gregory Branscum.
7 . Anna M. Bower is in need of a plenary
guardian of her person and estate .
8 . The duration of the necessary
guardianship must be considered at best indefinite, and for
all practical purposes permanent .
9 . The proposed guardian, Jill Pierce, is
appropriate to serve as guardian of Anna M. Bower ' s person
and estate and is qualified to do so under the statute .
10 . 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 Title 20 of the Pennsylvania
Consolidated Statutes Sections 5501 et . seq. The Petitioner
has 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 2nd day of June, 2014 , upon
consideration of the petition of Jill Pierce to adjudicate
an incapacitated person and appoint a plenary guardian of
the person and estate with respect to Anna M. Bower, an
adult domiciliary of Cumberland County, Pennsylvania,
residing at Sarah Todd Nursing Home, and following a hearing
held on this date, at which the alleged incapacitated person
was not present, her presence having been excused by the
Court pursuant to medical testimony, at which the alleged
incapacitated person was represented by Jane Adams, Esquire,
and at which evidence was presented by the Petitioner in
support of the petition, based on the Findings of Fact
contained in the accompanying opinion, the Court finds that
Anna M. Bower is an incapacitated person, she is
consequently adjudicated as such, and Jill Pierce, whose
address is 2000 Highland Circle, Camp Hill, PA, is appointed
plenary guardian of Ms . Bower' s person and estate .
No bond shall be required of the guardian.
It is further ordered that Ms . Pierce is
permitted to negotiate refinancing of the property located
at 2000 Highland Circle, Camp Hill, Pennsylvania.
Ms . Pierce is further directed to file the appropriate
inventory of assets and subsequently file the periodic
reports of her appointment on an annual basis as required by
statute .
By th ,
Thomas A. lacey C. P.J.
Eric J. Bialas, Esquire
2608 North 3rd Street
Harrisburg, PA 17110
For Petitioners
Jane E . Adams, Esquire
17 W. South Street
Carlisle, PA 17013
For Anna M. Bower
:mae
: ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: ANN BOWER,AN ALLEGED
INCAPACITATED INDNIDUAL . CUMBERLAND COUNTY
. PENNSYLVANIA
. N0.21-14-375
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 6/2/14
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 6/2/14
IN RE: OPINION AND ORDER OF COURT
............................................................................................................................
SERVICE TO: JACK BOWER 245 RIVERVIEW RD KING OF PRUSSIA PA 19406: SANDY CONNER 1060
THLJNDERHILL RD LINCOLN UNIVERSITY PA 19352• PA DEPT OF REV IOTH FL STRAWBERRY SQ
HARRISBURG PA 17120•ANNA BOWER-SARAH TODD NURSING HOME 1000 W SOUTH ST CARLISLE PA
LINDA STONE-SARA TODD NH 1000 W SOUTH ST CARLISLE PA 17013
JILL PIERCE 2000 HIGHLAND CIRCLE CAMP HILL PA 17011;ERIC J BIALAS ITYNUM LAW
2608 NORTH 3'�ST HARRISBURG PA 17110
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS � PETITIONER
� RRR ❑JUDGE
❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑OTHER
MAILED: 6/3/14
............................................................................................................................
SERVICE TO: JANE ADAMS 17 W SOUTH ST CARLISLE PA 17013
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS � PETITIONER
� RRR ❑JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 6/3/14
� / Y ' �
tY