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Home My WebLink About07-01-14 � Jennifer B. Hipp, Esquire " � �' 1 West Main Street � � � '� �' ;;� G_ ,,..� r'� � _ t� Shiremanstown, PA 17011 - '' r-• �� =, .. . � ... i,....,9 (717) 737-8761 � ,_, . , Attorney ID No. 86556 �; Assistant Cumberland County Solicitor ; ' � 4 For Cumberland County Aging and Community Services � -- . � : > ._� `y"a �I- AJ'7 .� . � �: : IN THE COURT OF COMMON PL�'AS OF�' : CUMBERLAND COUNTY, PENNSYLVANIA HILDA J. CLINE, � An alleged incapacitated person : ORPHANS' COURT DIVISION : NO. 21-14- 0585 RE UEST FOR ORDER DIRECTING CUMBERLAND COUNTY SHERIFF TO SERVE CITATION WITH NOTICE UPON HILDA J. CLINE Petitioner, Cumberland County Aging and Community Services, by its attorney, Cumberland County Assistant Solicitor Jennifer B. Hipp, submits this Request for Order Directing Cumberland County Sheriff to Serve Citation with Notice upon Hilda J. Cline and in support thereof states the following: 1. Cumberland County Aging and Community Services file its Petition for Appointment of Plenary Guardians of the Person and Estate of Hilda J. Cline on June 19, 2014. 2. Mrs. Cline resides at 2509 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania. 1 3. Mrs. Cline's son, Michael Avery, resides in the horne with Mrs. Cline. 4. Based upon the statements in its Petitions for Appointment of Plenary Guardians as set forth in Paragraph 4 thereof(copy attached), Petitioner will not send any employees or contracted employees into the residence to assist Mrs. Cline, which Petitioner believes extends to the service of the Citation with Notice upon Mrs. Cline. 5. The Citation with Notice, as issued by this Honorable Court on June 24, 2014, must be read, in its entirety, to Mrs. Cline on or before July 3, 2014. 6. Petitioner hereby respectfully requests that this Honorable Court issue an Order directing the Cumberland County Sheriff to serve the Citation with Notice upon Mrs. Cline on or before Thursday, July 3, 2014. WHEREFORE, Petitioner Cumberland County Aging and Community Services respectfully requests that this Court issue an Order directing the Cumberland County Sheriff to serve the Citation with Notice upon Hilda J. Cline at her place of residence, same being 2509 Mill Road, Mechanicsburg, Cumberland County, Pennsylvania.. � Date: July l, 2014 Jennif B. Hipp, Esquire 1 West ain Street Shirema stown, PA 17011 Cumber and County Assistant Solicitor For Cumberland County Aging and Community Services 2 CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing Request for Order Directing Cumberland County Sheriff to Serve Citation with Notice upon Hilda J. Cline upon the following named individuals this day by depositing same in the United States Mail, First Class, postage prepaid, at Shiremanstown, Pennsylvania, addressed as follows: Austin F. Grogan, Esquire Attorney for Hilda J. Cline Coyne & Coyne, P.C. ' 3901 Market Street Camp Hill, PA 17011 Hilda J. Cline 2509 Mill Road Mechanicsburg, PA 17055 Melvin Cline Claremont Nursing & Rehab Center 1000 Claremont Drive Carlisle, PA 17013 Dale Cline 4825 Oakmont Garden Mechanicsburg, PA 17050 Eugene L. Avery 437 Fairfield Drive King William, VA 23086 Brian K. Avery 171 Coosaw River Drive Beaufort, SC 29907 CONTINUED TO NEXT PAGE 3 Michael Avery 2509 Mill Road Mechanicsburg, PA 17055 � Date: July 1, 2014 nnife B. ipp, s uire 1 West ain Street Shirema stown, PA 17011 Cumberland County Assistant Solicitor For Cumberland County Aging and Community Services 4 r..� n Q c-�- � =� "��-� � .,-�° c_ � c� C? —r� r= . rJ �:.'t --- C", 2 i:.''> ;J .t:> t—" � - C".-t r-- � ;,,i � _` ;_:7 �,,, _ ''-.� ..3 G�, __, � L_�3 .,. n � C'� `-�; 't7 -;"I —�p C'j U —o-� � ..�— _`I Jennifer B. Hipp, Esquire � c 1 West Main Street � � rv �' ►`c'� Shiremanstown, PA 17011 �' � � a -� -� (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 : N0. 21-14- ��J/� _ PETITION FOR APPOINTMENT OF PLENARY GUARDIANS OF THE PERSON AND ESTATE 1N 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 1100 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 1 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 lst Federal Credit Union("Members 1 St") 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; 2 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 S; 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 1. 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. 3 _ _ _ _ 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. 4 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 Cornmunity 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 �' � Jennifer B Hi p, Esquire 1 West M 'n Street Shiremanstown, PA 17011 Cumberland County Assistant Solicitor For Cumberland County Aging and Community Services 5 VERIFICATTON I verify that the statements macle in the foregoing Petition are true and carrect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. � �� .--��,�� Janet E.Paull, Cumberland County Aging and Date: June �� ,2014 Community Services 6