HomeMy WebLinkAbout10-16-14 IN RE: . IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
ESTATE OF MARTHA . THE NINTH JUDICIAL DISTRICT
JEAN MCCURDY . ORPHANS ' COURT DIVISION � ,:� �
. NO. 21-14-0815 � --� '� rn
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IN RE: APPOINTMENT OF PLENARY GUARDIAN �
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OPINION '� --�
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October 15 , 2 014 4- • =f'> �
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At issue in the present case is whether
Martha Jean McCurdy should be adjudicate an incapacitated
person on a permanent basis, and, if yes, whether her
husband, Robert McCurdy should be appointed plenary guardian
of her person and estate . A hearing was held in this matter
on 15 October 2014 . The allegedly incapacitated person,
Mrs . McCurdy, was not present for the hearing, her presence
having been excused by the Court pursuant to medical
testimony indicating that her appearance could or would be
harmful to her. Mrs . McCurdy' s court-appointed counsel,
Robert Kline, Esquire, was present and participated in the
hearing. Based on the evidence presented at the hearing,
the following Findings of Fact are made in advance of
signing a final decree :
FINDINGS OF FACT
1 . The alleged incapacitated person is
Martha Jean McCurdy, an adult individual and domiciliary of
Cumberland County, who presently resides at 11 West Dulles
1
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Drive, Camp Hill, East Pennsboro Township, Pennsylvania,
17011 .
2 . Petitioner is her husband, Robert
McCurdy, who resides at the same address .
3 . Mrs . McCurdy suffers from advanced senile
dementia. As a consequence of her condition, Mrs . McCurdy' 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 . Mrs . McCurdy' s estate is approximately
$9, 900 , and her income from Social Security after medical
deductions is approximately $599 per month.
5 . The prognosis for Mrs . McCurdy is that
improvement is unlikely in the near or long term, and
Dr. Gustavson believes that she will proceed to a slow
inexorable decline .
6 . Mrs . McCurdy is in need of a plenary
guardian of her person and estate . The duration of the
necessary guardianship must be considered at best
indefinite, and for practical purposes permanent .
7 . The proposed guardian, Robert McCurdy, is
appropriate to serve as guardian of Martha Jean McCurdy' s
person and estate, and is qualified under the statute to do
SO.
8 . The foregoing Findings of Fact are made
on the basis of clear and convincing evidence .
DISCUSSION
Provisions respecting an adjudication of
incapacity are contained in 20 Pennsylvania Consolidated
Statutes Sections 5501, et . seq. The Petitioner has
substantially complied with these provisions, and based on
the foregoing Findings of Fact, a Final Decree will be
entered.
By the Court,
Thom s A. Placey C. P.J.
Anna B . Hays, Esquire
635 N. 12th Street
Suite 400
Lemoyne, PA 17043
For Petitioner
Robert P. Kline, Esquire
714 Bridge Street
P. O. Box 461
New Cumberland, PA 17070
For Martha Jean McCurdy
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: ORPHANS' COURT DNISION
. COURT OF COMMON PLEAS OF
In Re: Estate of Martha Jean McCurdy . CUMBERLAND COLJNTY
. PENNSYLVANIA
. N0.21-14-0815
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 10/15/14
JUDGE'S INITIALS: T.A.P.
TIME STAMP DATE: 10/16/14
IN RE: OPINION
............................................................................................................................
SERVICE TO: ANNA B HAYS 635 N 12TH STREET STE 400 LEMOYNE PA 17043
ROBERT P KLINE 714 BRIDGE STREET POS BOX 461 NEW CUMBERLAND PA 17070-0461
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS ❑ PETITIONER
� R� � JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 10/16/2014
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SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑USPS ❑ PETITIONER
� �R ❑JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
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Deputy
Clerk of Orphans' Court