HomeMy WebLinkAbout06-04-14 R
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IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JOAN S . GROVE, NINTH JUDICIAL DISTRICT
an alleged incapacitated ORPHANS ' COURT DIVISION
person 21-14-0322
IN RE: APPOINTMENT OF GUARDIAN
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OPINION C__ L n
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by Thomas A. Placey, C. P. J. a c' z rn _'
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At issue in the present case is whe_ eT ;Moan s .' o
Grove should be adjudicated an incapacitated person <:5) '
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permanent basis, and, if yes, should Cumberland Couxiay Agir�g ar@ o
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Community Services be appointed plenary guardian of her person
and estate . A hearing was held in this matter on the 28th of
May, 2014 , Ms . Grove was not present, her presence having been
excused by the Court pursuant to medical representation of
Dr. Ernest Josef that indicated it would be detrimental to her
health to be required to attend this hearing. The
court-appointed counsel, Michael A. Scherer, 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 proposed order from counsel :
FINDINGS OF FACT
1 . The alleged incapacitated person is Joan S .
Grove, an individual and domiciliary of Cumberland County,
Pennsylvania, who presently resides at 1000 Claremont Drive,
Carlisle, Pennsylvania.
2 . Petitioner is Cumberland County Aging and
Community Services through Pricilla Whitman, whose address is
1100 Claremont Drive, Carlisle, Pennsylvania.
3 . The alleged incapacitated person suffers from
senile dementia of the Alzheimer' s type to a severity that ``��
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incapacitates her and makes her incompetent in terms of making
individual decisions . As a consequence of her condition,
Ms . Grove ' 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 . Grove has no estate, and her income is
entirely from Social Security of $1, 005 per month.
5 . The prognosis for Ms . Grove is poor at the
present time .
6 . Ms . Grove is in need of a plenary guardian of
her person and estate . The duration and necessary guardianship
must be considered at best indefinite, and for practical purposes
permanent . The proposed guardian, Cumberland County Aging and
Community Services, is appropriate to serve as guardian to
Joan S . Grove ' s person and estate, and is qualified under the
statute to do so.
7 . 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 Pennsylvania Consolidated Statutes
Section 5501 et . seq. The Petitioner has substantially complied
with these provisions, and based on the foregoing Findings of
Fact, the proposed Order of Court shall be signed.
By the Court_
Thomas A. Placey C. P.J.
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Keith 0. Brenneman, Esquire
44 West Main Street
P. O. Box 318
Mechanicsburg, PA 17055
For Petitioner
Michael Scherer, Esquire
19 West South Street
Carlisle, PA 17013
For Joan S . Grove
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ORPHANS'COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: JOAN S GROVE CUMBERLAND COUNTY
PENNSYLVANIA
NO.21-14-0322
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 5/28/2014
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 6/4/2014
IN RE: OPINION
............................................................................ .
SERVICE TO: KEITH O BRENNEMAN 44 W MAIN ST PO BOX 318 MEC14 PA 17055
MICHAEL SCHERER 19 WEST SOUTH ST CARLISLE PA 17013
METHOD OF MAILING: ENVELOPES PROVIDED BY.
® USPS ❑PETITIONER
❑ RRR ®JUDGE
❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑ OTHER_,_,
MAILED:6/4/2014
„.................................................................,,..........
SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑ USPS ❑PETITIONER
❑RRR ❑ JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑OTHER_
MAILED:
0 aAA--:2gn�,
Deputy
Clerk of Orphans'Court