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Jennifer B. Hipp, Esquire <-a � ' -a �,�;.,
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1 West Main Street .,
Shiremanstown, PA 170ll �� �� ,� �.ti- ��
(717) 737-8761 =-` �, �,, �
Attorney ID No. 86556 � �
Assistant Cumberland County Solicitor
For Cumberland County Aging and Community Services
IN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
HILDA J. CLINE, :
An alleged incapacitated person : ORPHANS' COURT DIVISION
: NO. 21-14��`�
PETITION FOR APPOINTMENT OF PLENARY GUARDIANS
OF THE PERSON AND ESTATE IN ACCORDANCE WITH 20 Pa.C.S.A. § 5511
Petitioner Cumberland County Aging and Community Services, by its attorney,
Cumberland County Assistant Solicitor Jennifer B. Hipp, submits this Petition and in support
thereof states the following:
1. Petitioner is Cumberland County Aging and Community Services, having an office
located at ll 00 Claremont Road, Carlisle, Pennsylvania.
2. The alleged incapacitated person is Hilda J. Cline, who is married, age 84, and resides
at 2509 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania.
3. Hilda J. Cline is married to Melvin Cline. Mr. Cline in May of this year had an above
the knee amputation and is now a permanent resident of Claremont Nursing and Rehabilitation
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Center. Because of her husband's medical condition and physical needs, he is unable to care for
his wife.
4. Mrs. Cline has been left in the care of her son, Michael Avery. Michael Avery is not a
responsible care giver for his mother for the following reasons, among others:
a. Mr. Avery moved into the residence at 2509 Mill Road, Mechanicsburg approximately
two and one-half years ago after being released from the Rappahannock Regional Jail in
Stafford, Virginia, where he served a sentence for selling cocaine to a minor;
b. Mr. Avery yells at and intimidates his mother;
c. Mr. Avery has yelled at and intimidate his stepfather, Melvin Cline, to the point that
even if Mr. Cline were able to return to his residence, he would not;
d. Mr. Avery is unemployed and has been financially dependent on Hilda J. Cline and
Melvin Cline for room and board;
e. In August, 2012, it was discovered by Members 1 St Federal Credit Union ("Members
1 S`") that Mr. Avery had been forging and cashing checks from a bank account of Hilda or
Melvin Cline;
£ In November 2013, it was discovered that Mr. Avery was using Hilda J. Cline to write
Mr. Avery checks and would take her to a Members 1 st branch to withdrawer money from her
account;
g. From November, 2013 through January, 2014, it is believed that Mr. Avery used in
excess of$27,000 of Melvin Cline's and Hilda J. Cline's funds for his own purposes without
their consent;
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h. Mr. Avery threatened an employee of Members 1 St due to restrictions placed on Mr.
Avery with respect to access to the funds of his mother and stepfather and as a result, Mr. Avery
was prohibited from entering any property of Members 1 St;
i. In spite of being prohibited from entering property of Members 1 St, Mr. Avery has
violated that direction and as a result, has been charged with defiant trespass;
j. US Marshalls entered the residence in March, 2014 at 2509 Mill Road, Mechanicsburg
to arrest an individual Mr. Avery allowed to stay at the residence, but had left the residence the
day before entry by the US Marshalls;
k. Mr. Avery threatened Dale Cline, the brother of Melvin Cline, who is also Melvin
Cline's agent under a power of attorney. Dale Cline had attempted to assist Hilda J. Cline while
she was at the residence during the time the Melvin Cline was hospitalized for treatment of a
recent medical condition that led to his upper leg amputation. Mr. Avery has also threatened
Dale Cline's wife; and
l. As a result of Mr. Avery's threats to both Dale Cline and Dale Cline's wife, Dale Cline
is unable to continue to assist Hilda J. Cline at Melvin Cline's request, except for limited
financial assistance.
5. As a result of Mr. Avery's actions as noted in Paragraph 4, above, and Mr. Avery's
continued presence in the residence, Petitioner will not send any employees or contracted
employees into the residence to assist Hilda J. Cline.
6. As a result of the actions of Mr. Avery, Petitioner arranged for a neuropsychological
evaluation of the alleged incapacitated person that was conducted on May 27, 2014 by Dr.
Christopher Royer.
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7. As a result of the neuropsychological evaluation conducted by Dr. Royer, Dr. Royer
concluded the following about Hilda J. Cline:
a. She clearly suffers from dementia;
b. She exhibits severe deficits in the areas of orientation, attention, short-term
memory, reasoning and executive functions; and
c. She requires a guardian to manage her finances, personal and medical
decisions.
8. In addition to the findings made as a result of the evaluation by Dr. Royer, Hilda J.
Cline has depression, Type 2 diabetes mellitus, hypothyroidism, hyperlipidemia and
osteoarthritis.
9. Based upon Hilda J. Cline living in her residence with her son, Michael Avery, Mr.
Avery's actions as described above, Mrs. Cline's physical condition and the findings of Dr.
Royer, the alleged incapacitated person lacks capacity, is in need of a guardian, and the failure to
make such an appointment will result in irreparable harm to the person or estate of Hilda J.
Cline.
10. Petitioner has no interest that is adverse to that of Hilda J. Cline.
11. Petitioner intends to arrange to have the alleged incapacitated person placed in an
appropriate assisted living facility, but is unable to do so without the authority as a legally
appointed guardian.
12. Petitioner believes that Hilda J. Cline does not already have a guardian.
13. Petitioner avers that Hilda J. Cline is incapacitated as defined in Chapter 55 of the
Probate, Estates and Fiduciaries Code.
14. Hilda J. Cline's income consisted of a$609 monthly Social Security benefit.
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15. Petitioner believes that no previous application has been made to any court to declare
Hilda J. Cline incapacitated and no court has assumed jurisdiction in any proceeding to
determine the incapacity of Hilda J. Cline.
16. Petitioner is not aware that Hilda J. Cline has ever executed a power of attorney or in
any other way designated anyone to serve as her agent with respect to any matter pertaining to
her.
17. Hilda J. Cline has two additional adult children other than Michael Avery, which
additional children live outside of Pennsylvania and who have indicated they do not desire to
serve as guardians for Hilda J. Cline.
18. The names and address of Hilda J. Cline's adult children are as follows:
a. Eugene L. Avery, 437 Fairfield Drive, King William, VA 23086;
b. Brian K. Avery, 171 Coosaw River Drive, Beaufort, SC 29907; and
c. Michael Avery, 2509 Mill Road, Mechanicsburg, PA 17055.
WHEREFORE, Petitioner Cumberland County Aging and Community Services
respectfully requests that this Court issue an Order appointing Petitioner plenary guardian of the
person and estate of Hilda J. Cline.
Date: June �� , 2014
Jenni er . Hip , �squire
1 We t Main Street
Shiremanstown, PA 17011
Cumberland County Assistant Solicitor
For Cumberland County Aging and Community
Services
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VERIFICATTON
I verify that the state�ents made in the faregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
� � ��a�
Janet E.Paull, Cumberland County Aging and
Date: June �� , 2014 Community Services
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