HomeMy WebLinkAbout12-19-14 IN RE: . IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
CHARLES HOWE . THE NINTH JUDICIAL DISTRICT
. ORPHANS ' COURT DIVISION
. NO. 21-14-961
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At issue in the present case is wheth�r Ch�lq� �
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Howe should be adjudicated an incapacitated person "on a pe�anen'��
basis, and, if yes, whether Keystone Guardian Services should be
appointed plenary guardian of his person and estate . A hearing
was held in this matter on 11 December 2014 . The alleged
incapacitated person was not present, however, his
court-appointed counsel, Mark F. Bayley, Esquire, was present,
and participated in the hearing. Based on the evidence presented
at the hearing, the following Findings of Fact are made in
supplement to the Order of Court in the form of a decree that
will be entered:
FINDINGS OF FACT
1 . The allegedly incapacitated person is
Charles Howe, an adult individual and domiciliary of Cumberland
County, Pennsylvania, who presently resides at 1 Longsdorf Way,
Carlisle, PA.
2 . Petitioner is Cumberland Crossings, whose
address is also 1 Longsdorf Way, Carlisle, Pennsylvania.
3 . The alleged incapacitated person suffered a
stroke in approximately 2011, which has left him in a moderate
altered mental state .
4 . As a consequence of his condition, Mr. Howe ' s
ability to receive and evaluate information effectively and ��
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communicate decisions is impaired to such a significant extent
that he is totally unable to manage his financial resources and
totally unable to meet essential requirements for his physical
health and safety.
4 . Mr. Howe ' s estate has no assets, but he has
regular income from Social Security of $1, 432 . 01, and at present
an unknown pension believed to be approximately $3 , 000 a month.
5 . The prognosis for Mr. Howe is poor at the
present time . Mr. Howe is in need of a plenary guardian of his
person and estate .
6 . The Power of Attorney is vested in his
ex-wife, Debra D. Grimm, who did not appear today, although
notice was given to her by both counsel .
7 . The duration of the guardianship must be
considered at best indefinite, and for practical purposes
permanent .
8 . The proposed guardian, Keystone Guardianship
Services, whose address is 115 west Broad Street, Elizabethville,
Pennsylvania, is appropriate to serve as guardian of Charles
Howe ' s person and estate, and is qualified to do so under this
statute .
9 . The foregoing Findings of Fact are made on
the basis of clear and convincing evidence .
It is noted that Petitioner' s request to
authorize a maximum spending amount per month was not ordered
this date, however, would be considered once the newly-appointed
guardian is able to make a determination of the periodic income
of Mr. Howe .
By the Court,
Thomas A. Placey C. P.J.
Eric J. Bialas, Esquire
18 East King Street
Lancaster, PA 17602
For Petitioner
Mark F. Bayley, Esquire
17 W. South Street
Carlisle, PA 17013
For Charles Howe
Keystone Guardianship Services
P.O. Box 804
Elizabethville, PA 17023
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: ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: CHARLES HOWE . CUMBERLAND COIINTY
. PENNSYLVANIA
. NO.21-14-0961
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 12/19/14
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 12/19/14
IN RE: OPINION
.............................................................
SERVICE TO: MARK F BAYLEY 17 W SOUTH ST CARLISLE PA 17013
ERIC J BIALAS 18 E KING ST LANCASTER PA 17602
KEYSTONE GUARDIANSHIP SVS CONNIE STONEROAD PO BOX 804 ELIZABETHVILLE PA
17023
METHOD OF MAILING: ENVELOPES PROVIDED BY•
� USPS ❑ PETITIONER
� �R �JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑OTHER
MAILED: l2/19/l4
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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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