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Home My WebLink About08-13-15 (2) c-, � c� Q � � � ;� �J �.�,.) �� rr1 r,� 'Z7 C:._ ''� � �") �7 � --7 F--� "7 W j-'r ; ,.� ,._, r;, .� IN RE: JAMES E. HAGAN : IN THE COURT OF COMMON PLEA� --� : f; : CUMBERLAND COUNTY, PENNSI'LVAN� � ��=� � rn an alleged incapacitated person : � � ;;� c, : ORPHANS' COURT DIVISION �`' : NO. ; j - J�� / PETITION TO ADJUDICATAE INCAPACITATED AND APPOINT GUARDIAN OF THE PERSON/ESTATE 1. James E. Hagan,the alleged incapacitated person, was born on July 27, 1931 in New Haven, Kentucky, and is now eighty-four(84) years old. He has resided at 2000 Creek Road, Camp Hill, Pennsylvania 17011, with his wife Mary M. Hagan since 1974. 2. James E. Hagan is presently married to Mary M. Hagan. He does not have any children. It should be noted that although Mary M. Hagan is James E. Hagan's next of kin she is incompetent and unable to serve as the guardian for her husband, James E. Hagan. 3. James E. Hagan was never a patient in a mental hospital. 4. The alleged incapacitated person is currently receiving Social Security payments in the amount of$598 per month. He also receives approximately $120 per month from his Roman Catholic Pension. A copy of the monthly statement from Riverview Bank showing the automatic deposits is attached hereto and marked Exhibit «A» 5. The Petitioner is James Albert Hagan,the brother of the alleged incapacitated person. He presently resides at 6518 Norman Court, Crestwood,Kentucky. Petitioner is interested in James E. Hagan's welfare and is familiar with his case. He asks that he be appointed guardian to the alleged incapacitated person, James E. Hagan. 6. The proposed plenary guardian, James Albert Hagan, (hereinafter "Petitioner"),has no interest adverse to the alleged incapacitated person,James E. Hagan. 7. James E. Hagan has the following heirs: his wife, Mary Martha Hagan, 2000 Creek Road, Camp Hill, Pennsylvania. He has no children. Additionally,his only other living relatives are his siblings, Harrold Hagan, P.O. Box 428, Bardstown,KY 40004; Peggy Sohan, 3302 Chickadee Road, Louisville, KY 40213; Mary White, 3012 Klonway Drive, Louisville, KY 40220; Patsy Cooper, 412 General George Patton Road, Nashville, TN 37221; and Cathy Fister 2510 Wyeth Court, Louisville, KY 40220. 8. James E. Hagan is not a veteran and is not receiving benefits from the United States Veterans Administration. 9. The Petitioner asks that he be appointed plenary guardian of the person and the plenary guardian of the estate of James E. Hagan. 10. The proposed guardian has no interest which is adverse to James E. Hagan's interests. 11. Petitioner believes, and therefore avers that no Court has ever received jurisdiction in a proceeding to determine whether James E. Hagan is incapacitated. 12. Petitioner believes, and therefore avers that James E. Hagan does not already have a guardian. 13. Petitioner asserts that James E. Hagan is incapacitated as defined in chapter 55 of the Probate Estates and Fiduciaries Code. 14. Because of his impaired mental and physical condition,James E. Hagan lacks the capacity to provide for his own general care, maintenance and custody. 15. Because of his impaired mental and physical condition,James E. Hagan is totally unable to manage his own financial affairs, property and business and to make and communicate responsible decisions relating thereto. 18. An alternative less restrictive than guardianship would be a power of attorney. Currently, however, James E. Hagan lacks the mental capacity necessary to appoint an attorney-in-fact. 19. The proposed guardian, James Albert Hagan, is qualified to serve as guardian. 20. A copy of the consent of James Albert Hagan is attached hereto as Exhibit"B". 21. Income of James E. Hagan consists of approximately $598 per month in social security, and $120 per month from his Roman Catholic Pension. James E. 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 temporary plenary guardian of James E. Hagan's person and plenary guardian of James E. Hagan's estate. Date: --��-�-�� Respectfully submitted, THE LAW OFFICES OF SILLIKER AND REINHOLD Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D.No. 33671 Attorney for James Albert Hagan AFFIDAVIT --� �• I,�yi�ce�`5 �U�(�-7" ``f�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: �' I Z c�-°/� �� 7z' � RIVE RVI EW BAN K ,�A� \Ni) I: • �)i ti�:i1 �C; 1)!1'ltilU\� G:,% 200 Front Street,PO Box B,Marysville,PA 17053 wvvw.RiverviewBankPA.com Account Number 246003310 ***************AUTO**3-DIGIT 170 497 U.599U AT 0.4U6 3 1 11 ��I��I�II��I�II��II�I��I�III��II�I�I1��11111��111�1��1�) 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 .00 Interest Paid 48 .09 Ending Balance 109, 774 .63 Interest rate 0 .50% Annual Percentage Yield Earned 0 .500 2014 interest 477 . 16 OVERDRAFT / RETURN ITEM FEES __, _ _ I � Total for � Total � I � this Period � Year to Date � � � � � � Total Overdraft Fees � .00 � .00 � �I Total Returned Item Fees I .00 � .00 � � I I 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 EXHIBfT � � y �. ,_ . ' a 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 � 1N RE: JAMES E. 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 natural brother of the alleged incapacitated person, James E. Hagan, who was born on July 27, 1931. 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. James E. Hagan and I have always had a very good relationship. However,he is currently unable to properly care for himself. I further attest that I do not have any interest adverse to the alleged incompetent. Indeed, he is my brother, I care deeply for him, and all I want to be able to do is take care of him to the best of my ability. I would like to be named guardian of my brother, James E. Hagan, and in furtherance thereto I certainly consent to my appointment as guardian of EXHIBiT � � N James E. Hagan, as well as his estate. Likewise, I certainly do not have any interest adverse to my brother, James E. Hagan, or his 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 James E. 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 brother. Dated: �� 5 , � . ~ j' �t�•�-`�� r `f ��'�Z�-� Witness ( J es Albert Hagan �, _