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Home My WebLink About08-13-15 (2) IN RE: MARY MARTHA HAGAN : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANI�. , an alleged incapacitated person : � � "� � : ORPHANS' COURT DIVISION �:�� -� F� �-�'', -� �- c, : No. �,; -�.� ��,� �-: � . � � ...� Fr...-; P� � . - � �v . . ,,..� � . _.:l .� /.,�;�"G � -'� PETITION TO ADNDICATAE INCAPACITATED AND ►—� - : �-; c� ` _ s�� APPOINT GUARDIAN OF THE PERSON/ESTATE o <.,� c� a--• -,-, 1. Mary Martha Hagan, the alleged incapacitated person, was born on June 29, 1927 in Louisville, Kentucky, and is now eighty-four(88)years old. She has resided at 2000 Creek Road, Camp Hill, Pennsylvania 17011, with her husband James E. Hagan since 1974. 2. Mary Martha Hagan is presently married to James E. Hagan. She does not have any children. It should be noted that although James E. Hagan is Mary Martha Hagan's next of kin he is incompetent and unable to serve as the guardian for his wife, Mary Martha Hagan. 3. Mary Martha Hagan was never a patient in a mental hospital. 3. The alleged incapacitated person is currently receiving Social Security payments in the amount of$1,777 per month. She also receives approximately $1230 per month from a Dauphin County Employee pension. A copy of the monthly statement form Riverview Bank showing the automatic deposits is attached hereto and marked Exhibit"A". � l� 4. The Petitioner is James Albert Hagan, he is the brother-in-law of the alleged incapacitated person. He presently resided at 6518 Norman Court, Crestwood, Kentucky. Petitioner is interested in Mary Martha Hagan's welfare and is familiar with her case. He asks that he be appointed guardian to the alleged incapacitated person, Mary Martha Hagan. 5. The proposed plenary guardian, James Albert Hagan, (hereinafter "Petitioner"), has no interest adverse to the alleged incapacitated person, Mary Martha Hagan. 6. Mary Martha Hagan has the following heirs: her husband, James E. Hagan, who is presently residing at Hershey Medical Center. She has no children. Additionally, her only other living relatives are niece Marie Trimmer, 1710 Ruth Avenue, Louisville, Kentucky 40205; and her niece Katherine Mahaffey, 1518 Ruffer Avenue, Louisville, Kentucky, 40204. 7. Mary Martha Hagan is not a veteran and is not receiving benefits from the United States Veterans Administration. 8. The Petitioner asks that he be appointed plenary guardian of the person and the plenary guardian of the estate of Mary Martha Hagan. 10. Petitioner believes, and therefare avers that no Court has ever received jurisdiction in a proceeding to determine whether Mary Martha Hagan is incapacitated. 11. Petitioner believes, and therefore avers that Mary Martha Hagan does not already have a guardian. 12. Petitioner asserts that Mary Martha Hagan is incapacitated as defined in chapter 55 of the Probate Estates and Fiduciaries Code. 13. Because of her impaired mental and physical condition, Mary Martha Hagan lacks the capacity to provide for her own general care,maintenance and custody. 14. Because of her impaired mental and physical condition, Mary Martha Hagan is totally unable to manage her own financial affairs, property and business and to make and communicate responsible decisions relating thereto. 15. An alternative less restrictive than guardianship would be a power of attorney. Currently, however, Mary Martha Hagan lacks the mental capacity necessary to appoint an attorney-in-fact. 16. The proposed guardian, James Albert Hagan, is qualified to serve as guardian. 17. A copy of the consent of James Albert Hagan is attached hereto as Exhibit"A". 18. Income of Mary Martha Hagan consists of approximately $1777 per month in social security, and $1230.14 per month from her Dauphin. Mary Martha Hagan owns real estate located at 2000 Creek Road, Camp Hill, Pennsylvania, with an approximate value of$100,000. WHEREFORE, Petitioner respectfully requests this Honorable Court appoint James Albert Hagan plenary guardian of Mary Martha Hagan's person and plenary guardian of Mary Martha Hagan's estate. Date: �-/� Respectfully submitted, THE LAW OFFICES OF SILLIKER AND REIN � Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg,PA 17112 (717) 671-1500 I.D.No. 33671 Attorney for James Albert Hagan AFFIDAVIT I,lA�� '�� T��"�,hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: � �� l��r'�"'-� � �-�`' �� RIVERVI EW BAN K 1'�!) � , , �„ , I;.i � �C, L)!,'!,1C?.� �i, 200 Front Street,PO Box B,Marysvilie,PA 17053 www.RiverviewBa nkPA.com Account Number 246003310 ***************AUTO**3-DIGIT 17� 497 U.5990 AT 0.406 3 1 11 ��I��I�il��l�li��ll�l��l�lll��ll�l�ll��lllil��lll�l��l�� Statement Date 2/04/15 James E Hagan Mary M Hagan 2000 Creek Road Page 1 CAMP HILL PA 17011-1709 TYPE OF ACCOUNT--Hometown Checking Statement Summary Beginning Balance 1/02/15 106, 001 .40 0 Deposits/Credits 4 Credits 3, 725 . 14 Checks/Debits 0 Debits �a� Interest Paid 48 . 09 Ending Balance 109, 774 .63 Interest rate 0 .50's Annual Percentage Yield Earned 0 . 50% 2014 interest 477 . 16 OVERDRAFT / RETURN ITEM FEES __ ___ _ I � Total for � Total � I � this Period � Year to Date � � � � I i .00 � .00 � � Total Overdraft Fees I � � � Total Returned Item Fees ( .0o i .00 � � —� ( Credits/Deposits Date Amount Description 1/30 1,230 .14 Payroll From Dauphin County R 795/Hagan, Mary M 1/30 120.00 Payroll From Roman Catholic B 680768228311150 Hagan, James E 2/03 598 .00 Xxsoc Sec From Ssa Treas 310 A Ssa James E Hagan 2/03 1, 777 .00 Xxsoc Sec From Ssa Treas 310 A Ssa Mary M Hagan 2/04 48 .09 Interest Deposited EXHIBIT � � -�- ,: Account Number 246003310 James E Hagan Mary M Hagan 2000 Creek Road Camp Hill PA 17011 Statement Date 2/04/15 Page 2 Daily Balance Information Date Balance Date Balance Date Balance Beginning Balance 106, 001 .40 1/30 107, 351 .54 2/03 109, 726.54 2/04 109, 774 . 63 � IN RE: MARY MARTHA HAGAN : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA an alleged incapacitated person: : ORPHANS' COURT DIVISION . NO. CONSENT TO APPOINTMENT AS GUARDIAN The undersigned, James Albert Hagan, Petitioner in the above-captioned matter, hereby respectfully sets forth the following: I am the brother-in-law of the alleged incapacitated person, Mary Martha Hagan, who was born on June 29, 1927. Mary Martha Hagan is married to my brother, James E. Hagan. I currently reside at 6518 Norman Court, Crestwood, Kentucky 40014. I am a retired Chief Financial Officer with Roll Forming Corporation in Shellbyville, Kentucky. I speak, read, and write in the English language. Mary Martha Hagan and I have always had a very good relationship. However, she is currently unable to properly care for hersel£ I further attest that I do not have any interest adverse to the alleged incompetent. Indeed, she is my sister-in-law, I care deeply for her, and all I want to be able to do is take care of her to the best of my ability. EXHIBIT � �� .� I would like to be named guardian of my sister-in-law, Mary Martha Hagan, and in furtherance thereto I certainly consent to my appointment as guardian of Mary Martha Hagan, as well as her estate. Likewise, I certainly do not have any interest adverse to my sister-in-law, Mary Martha Hagan, or her estate, and I will carry out the duties of guardian in a competent manner. I am not a fiduciary, or an officer or employee of a corporate fiduciary, of an estate in which Mary Martha Hagan has an interest. Likewise, I am not the surety, of an officer or employee of a corporate surety of such a fiduciary. I give this consent of my free will, full understanding all ramifications therein, based upon the belief that I do feel this is in the best interests of my beloved sister-in-law. Dated: � (Z �� _ � ' , �� r`;� r� c�. Witness � J es Albert Hagan �.