HomeMy WebLinkAbout07-23-14 IN RE: HILDA J. CLINE, an alleged �
incapacitated individual (�
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� 'IN RE: PETITION FOR APPOINTMENT OF PLENARY GUARDIANS OF THE
PERSON AND ESTATE IN ACCORDANCE WITH 20 PA.C.S.A. § 5511
OPINION
At issue in the present case is whether Hilda J. Cline should be adjudicated an
incapacitated person on a permanent basis, and if yes, should the Cumberland County
Aging and Community Services be appointed plenary guardian of her person and
estate. A hearing was held in this matter on 23 July 2014. The allegedly-incapacitated
person was present. The court appointed counsel, Austin F. Grogan, Esquire, was
present, and participated in the hearing.
Based upon the evidence presented at the hearing, the following findings of fact,
discussion and order of court are made and entered:
1. The allegedly incapacitated person is Hilda J. Cline, an adult individual and
domiciliary of Cumberland County, Pennsylvania, who presently resides at 2509
Mill Road, Mechanicsburg, PA.
2. Petitioner is the Cumberland County Aging and Community Services.
3. The allegedly incapacitated person suffers from mixed dementia, which Dr.
Royer describes as a combination of Alzheimer's disease and other things.
4. As a consequence of this condition, Hilda J. Cline's ability to receive and
evaluate information effectively and communicate decisions is impaired to such a
significant extent that they are totally unable to manger their financial resources,
and totally unable to meet essential requirements for their physical health and
safety.
5. Hilda J. Cline's estate has been severely depleted, which is currently the subject
of a police investigation.
6. The prognosis for Hilda J. Cline is irreversible at the present time.
7. Hilda J. Cline is in need of a plenary guardian of their person and estate.
8. The duration of the necessary guardianship must be considered at best
indefinite, and for practical purposes permanent.
9. The proposed guardian, the Cumberland County Aging and Community Services
is appropriate to serve at guardian to Hilda J. Cline's person and estate, and is
qualified under the statute to do so.
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 20 Pa.C.S.
Sections 5501 et. seq. The Petitioner has substantially complied with these
provisions, and based upon the foregoing findings of fact, the following Order of
Court will be entered:
ORDER OF COURT
AND NOW, this 23�d day of July 2014, upon consideration of the Petition
of the Cumberland County Aging and Community Services to adjudicate an
incapacitation person and to appoint a plenary guardian of their person and estate
with respect to Hilda J. Cline, an adult domiciliary of Cumberland County,
Pennsylvania, and following a hearing, at which evidence was presented by the
Petitioner in support of the petition, and based upon the Findings of Fact contained
in the accompanying opinion, the Court finds that Hilda J. Cline is an incapacitated
person, he/she is consequently adjudicated as such, and the Cumberland County
Aging and Community Services is appointed plenary guardian of their person and
estate. No bond shall be required of the guardian. The guardian is permitted to
receive compensation for its services limited to $100.00 per month or 10% of Hilda
J. Cline's monthly income, whichever is less.
2
The guardian is directed, in concert with the agent of Hilda J. Cline's
husband to:
1. Provide for daily telephonic contact between husband and wife;
2. Provide for weekly in person contact between husband and
wife; and
3. Take all necessary steps to secure and preserve the marital
assets, to include the home at 2509 Mill Road, Mechanicsburg,
PA.
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Thomas . Placey C.P.J.
Distribution:
Jennifer B. Hipp, Esq.
Austin F. Grogan, Esq.
Hilda J. Cline
Michael Avery
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Brian K. Avery ��, � 'r:'_ -=;�,
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Eugene L. Avery - :.
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Melvin Cline o�, .._. �ti�;�-�
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: ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: HILDA J CLINE . CUMBERLAND COLJNTY
. PENNSYLVANIA
. N0.21-14-0585
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 7/23/14
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 7/23/14
IN RE: ORDER AND OPINION
............................................................................................................................
SERVICE TO: AUSTIN GROGAN 1801 BRIDGE ST NEW CUMBERLAND PA 17070; JENN HIPP 1 W MAIN ST
SHIREMANSTOWN PA 17011;MELVIN%CLAREMONT NURSING HOME 1000 CLAREMONT DR CARLISLE
EUGENE AVERY 437 FAIRFILED DR KING WILLIAM VA 23086;BRIAN AVERY 171 COOSAW
RIVER DR BEAUFORT SC 29907;MICHAEL AVERY 2509 MILL RD MECHANICSBURG PA 17055
HILDA J CLINE 2509 MILL RD MECHANICSBURG PA 17055
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS � PETITIONER
❑ RRR ❑JUDGE
❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 7/23/14
............................................................................................................................
SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑ USPS ❑PETITIONER
❑ RRR ❑JUDGE
❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
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puty
Clerk Orphans' Court