HomeMy WebLinkAbout10-15-14 (2) r �
IN RE: MARTHA JEAN MCCURDY : IN THE COURT OF COMMON PLEAS
an Alleged Incapacitated Person : OF CUMBERLAND COUNTY,
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� � " o =-� FINAL DECREE
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AND NOW, this day of , 2014, based upon
the evidence received at an evidentiary hearing held on ls �" �4 , and the
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record, including the cx�ri�+ori �o.�� ;.,n of Roger B. Gustavson, M.D., this Court
finds by clear and convincing evidence that Martha Jean McCurdy is adjudged a
totally incapacitated person. The Court finds that Martha Jean McCurdy suffers
from dementia, a condition or disability which totally impairs her capacity to
receive and evaluate information effectively and to make and communicate
decisions concerning management of her financial affairs or to meet essential
requirements for her physical health and safety. Accordingly, the following is
hereby ORDERED AND DECREED:
1. Robert McCurdy is hereby appointed, the Plenary Permanent
Guardian of the PERSON of Martha Jean McCurdy. The Guardian of the PERSON
shall file a Report on the social, medical and other relevant conditions as required
by 20 Pa. C.S.A. § 5521(c)(ii) within the first twelve (12) months of their
appointment and annually thereafter.
2. Robert McCurdy is hereby appointed Plenary Permanent Guardian of
the ESTATE of Martha Jean McCurdy. Bond is hereby waived inasmuch as
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Mr. McCurdy is the husband of Martha Jean McCurdy and is either a joint owner or
a beneficiary of the assets that comprise her estate.
3. The Guardian of the ESTATE shall file an inventory within three (3)
months of this decree of the incapacitated person's real and personal property,
pursuant to 20 Pa. C.S.A. § 5521(b). In addition, the Guardian of the ESTATE shall
file a report within the first twelve (12) months of his appointment and at least
annually thereafter, containing the information required in 20 Pa. C.S.A. §
5521(c)(1)(I). The Guardian of the ESTATE shall have authority to enter any safety
deposit box in the name of Martha Jean McCurdy for the foregoing purposes.
4. The Guardian of the PERSON shall have authority and responsibility
to decide where Martha Jean McCurdy shall live and how meals, personal care,
transportation and recreation will be provided.
5. The Guardian of the PERSON shall also have the authority to
authorize and consent to medical treatment and surgical procedures necessary for
the well-being of Martha Jean McCurdy.
6. The Guardian of the PERSON and of the ESTATE shall have the
authority to deal directly with all insurers, including health and long term care, for
the provisions of services and the payment of benefits thereunder.
7. The Guardian of the PERSON and of the ESTATE shall have the
authority to apply for and seek eligibility for any public benefit, including Medicaid,
that Martha Jean McCurdy may require for her long term care.
8. The Guardian of the ESTATE shall have authority and responsibility
to manage and use the incapacitated person's property primarily for her benefit.
9. Robert McCurdy, having now been appointed Guardians of the
PERSON and Guardian of the ESTATE of Martha McCurdy, and having
determined it appropriate to exercise the authority granted them under 20 Pa.
C.S.A. § 5604(c)(1) of the Pennsylvania Estates and Fiduciaries Code to rescind any
and all durable powers of attorney that may have been heretofore executed by
Martha Jean McCurdy, said power(s) are hereby deemed to be null and void.
10. The aforementioned judicial determinations have taken into
consideration the matters required by 20 Pa. C.S.A. § 5512.1. The Court's findings
of fact and conclusions of law have been placed on the record at the evidentiary
hearing.
TO: MARTHA JEAN MCCURDY
STATEMENT OF RIGHTS
YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S
DECREE WITHIN TVVENTY(20) DAYS OF ENTRY OF THE DECREE. IF YOU
FAIL TO FILE EXCEPTIONS, THE DECREE WILL BECOME FINAL. IF YOU
FILE EXCEPTIONS AND THEY ARE DENIED,YOU HAVE A RIGHT TO FILE
AN APPEAL TO THE PENNSYLVANIA SUPERIOR COURT WITHIN THIRTY
(30) DAYS OF THE DATE OF ENTRY OF THE ORDER DENYING THE
EXCEPTIONS. IN ADDITION,YOU MAY AT ANY FUTURE TIME PETITION
THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP.
BY THE URT:
�L�� A. �C� DGE
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DISTRIBUTION:
Anna Borro Hays, Esquire, Saidis, Sullivan & Rogers, 635 N. 12t'' Street,
Suite 400, Lemoyne, PA, 17043
Robert P. Kline, Esquire, 714 Bridge Street, P.O. Box 461, New Cumberland,
PA 170708
Robert McCurdy, 11 W. Dulles Drive, Camp Hill, PA 17011
Anne Markel, 292 Edinburgh Road, York, PA 17406
: ORYHANS' COURT DIVISION
: COURT OF COMMON PLEAS OF
In Re: MARTHA JEAN MCCURDY . CUMBERLAND COUNTY
. PENNSYLVANIA
: N0. 21-14-0815
CERTIFICATE OF SERVICE OF ORDER
ORDER UA"TE: ]0/15/14
Ji1DGE'S INITIALS: TAP
TIME S�TAMP DATE: 10/15/14
IN RE: FINAL DECREE
............................................................................................................................
SERVICE TO: ANNA BORRO HAYS
ME"THOD OF MAILING: ENVELOPES PROVIDED BY:
❑ USPS ❑ PETITIONER
❑ RRR ❑JUDGE
� HAND DELIVERE� ❑ CLERK OF ORPHANS COURT
❑ O"1'H�;R
MAILFD: 10/15/14
............................................................................................................................
SEKVICE TO: ANNA BORRO HAYS 635 N 12�" ST LEMOYNE PA 17043
MAR"THA JEAN MCCURDY 1 1 W DULLUS AVE CAMP HILL PA ]7011• ANNE MARKEL 292
EDINBURGH RD YORK PA 17406� ROBERT MCCURDY 11 W DIJLLUS AVE CAMP HILL PA 17011
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS � PETITIONER
❑ RKR ❑JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ O'THER
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MAII.ED: 10/15/14 �
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eputy
of Orphans' Court
: ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
!n Re: MARTHA JEAN MCCURDY : CUMBERLAND COLJNTY
. PENNSYLVANIA
: N0. 21-14-0815
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 10/15/14
JUDGE'S INITIALS: TAP
TIME S"TAMP UATE: 10/IS/14
[N RE: FINAL DECREE
............................................................................................................................
SERVICE TO: ROBERT P KLINE 714 BRIDGE ST PO BOX 461 NEW CUMBERLAND PA 17070
ME"fHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS ❑ PETITIONER
❑ RRR ❑JUDGE
❑ HAND DELIVERED � CLERK OF ORPHANS COURT
❑ OTHER
MAILF,D: 10/15/14
............................................................................................................................
SERVICE T'O:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑ USPS ❑ PETITIONER
❑ RRR ❑ JUDGE
❑ HAND llEL1VERED ❑ CLERK OF ORPHANS COURT
❑ O'THF,R
MAILED:
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le of Orphans' Court