HomeMy WebLinkAbout12-02-14 IN RE: IN THE MATTER OF . IN THE COURT OF COMMON PLEAS OF
SARAH QUIMBY, CUMBERLAND COUNTY, PENNSYLVANIA
An Alleged Incapacitated . THE NINTH JUDICIAL DIST�ICT � �
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IN RE : PETITION FOR ADJUDICATION OF INCAPACITY -'�" �� - , <-7 c,
AND APPOINTMENT OF GUARDIAN ` ' ��' �� � "'� �
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At issue in the present case is whether Sarah Quimby
should be adjudicated an incapacitated person on a permanent basis,
and, if yes, whether Keystone Guardianship Services should be
appointed plenary guardian of her person and estate . A hearing was
held in this matter on the 26th of November, 2014 , in the
Cumberland County Courthouse . The allegedly incapacitated person
was not present for the hearing, her presence having been excused
by the Court pursuant to medical testimony indicating her
appearance could or would be harmful to her health. Ms . Quimby' 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 an Order of
Court :
FINDINGS OF FACT
1 . The allegedly incapacitated person is Sarah
Quimby, an adult individual and domiciliary of Cumberland County
who presently resides at 100 Mt . Allen Drive, Mechanicsburg, Upper
Allen Township, Cumberland County, Pennsylvania .
2 . Petitioner is Messiah Lifeways, whose address is
also 100 Mt . Allen Drive, Mechanicsburg, Pennsylvania .
3 . Ms . Quimby suffers from senile dementia
Alzheimer ' s type as related by her physician, Doctor Michael Sams .
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4 . As a consequence of her condition, Ms . Quimby' 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.
5 . Ms . Quimby' s estate is specifically unknown,
however, it is known that she receives Social Security Income, a
Civil Service pension and a VA pension, but an accounting for those
sums has not been made and is not readily obtainable absent the
appointment of an entity to report on her estate .
6 . The prognosis for Ms . Quimby is poor at the
present time, with no near or long-term resolution of her
condition.
7 . Sarah Quimby 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 .
8 . The proposed guardian is Keystone Guardianship
Services whose address is 115 West Broad Street, Elizabethville,
Pennsylvania . Keystone Guardianship Services is appropriate to
serve as guardian of Sarah Quimby' s person and estate and is
qualified under the statute to do so . However, Patricia Shelton is
named in a known Power of Attorney and has made representation,
although not to the Court, that she no longer wishes to continue to
act as such. Ms . Shelton may have access to the VA pension for
which an accounting would need be made to the Court .
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 Title 20 of the Pennsylvania
Consolidated Statute, Sections 5501 et . seq. The Petitioner has
substantially complied with these provisions and based on the
foregoing Findings of Fact, the following Court Order will be
entered:
ORDER OF COURT
Keystone Guardianship Services is appointed as
temporary guardian of the person and estate of Sarah Quimby. They
shall serve without additional insurance or bond, but are required
to maintain their current level of insurance and bonding. Keystone
Guardianship Services is to report as soon as practical to the
court-appointed counsel for Ms . Quimby an accounting of her estate
and the status of the Power of Attorney vested in Patricia Shelton.
Keystone Guardianship Services may not involuntarily terminate the
Power of Attorney in Ms . Shelton, however, Ms . Shelton may
voluntarily relinquish her duties as Power of Attorney in notarized
writing that shall be submitted to the Court as an exhibit .
Ms . Shelton will be required, with the assistance of Keystone
Guardianship Services, to provide an accounting of any funds
received while in the Power of Attorney position.
The temporary guardian, Keystone Guardianship
Services, is given sixty days to perform its designated tasks as
guardian of the person and estate of Sarah Quimby. If upon
completion of these tasks it appears that Ms . Shelton no longer
wishes to be Power of Attorney, then the Court will make a
permanent order appointing Keystone Guardianship Services as
plenary guardian of Sarah Quimby ' s person and estate .
By the Court,
Thoma A. Placey, C. P. J.
Andrew P. Dollman, Esquire
For the Petitioner
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
Robert P. K1ine, Esquire
For Sarah Quimby
714 Bridge Street
P. O. Box 461
New Cumberland, PA 17070-1623
Patricia Shelton
512 Lexington Avenue
Mechanicsburg, PA 17055
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: ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: SARAH QUIMBY . CUMBERLAND COiJNTY
. PENNSYLVANIA
. NO.21-I 4-0927
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 12/02/14
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 12/2/14
IN RE: OPINION&ORDER OF COURT
............................................................................................................................
SERVICE TO:
ANDREW DOLLMAN 1700 BRENT CREEK BOULEVARD STE 140 MECHANICSBURG PA
17050; ROBERT P KLINE 714 BRIDGE ST PO BOX 461 NEW CUMBERLAND PA 17070-1623
PATRICIA SHELTON 512 LEXINGTON AVE MECHANICSBURG PA 17055
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS ❑ PETITIONER
❑ R� �JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 12/4/14
............................................................................................................................
SERVICE TO: SARAH OUIMBY MESSIAH LIFEWAYS 100 MT ALLEN RD MECHANICSBURG PA 17055
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS � PETITIONER
❑ RRR ❑JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 12/04/2014
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