HomeMy WebLinkAbout08-25-15 (2) IN RE : . IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
IN THE MATTER OF . NINTH JUDICIAL DISTRICT
PHYLLIS DELL MARTIN . ORPHANS ' COURT DIVISION
. 21-15-671
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IN RE: APPOINTMENT OF GUARDIAN � o "�' rn n
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OPINION f�' ::;.- �:, � ��; �:�
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August 24 , 2015 crr '�
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At issue in the present case is whether Pl�llis _�r`
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Dell Martin should be adjudicated an incapacitated person on a- rr�
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permanent basis, and, if yes, should Keystone Guardianship be
appointed plenary guardian of her person and estate . A hearing
was held in this matter on the 24th of August, 2015 . Ms . Martin
was present for the hearing assisted by court-appointed counsel,
Robert Kline, Esquire, and hearing assistance equipment .
Based on the evidence presented at the hearing,
the following Findings of Fact are made in advance of signing the
separate order:
FINDINGS OF FACT
l . The alleged incapacitated person is Phyllis
Dell Martin, an adult individual and domiciliary of Cumberland
County, Pennsylvania, who presently resides at Messiah' s Lifeways
Campus in Upper Allen Township, Cumberland County.
2 . Petitioner is Messiah Lifeways, whose address
is 100 Mt . Allen Drive in Mechanicsburg, Pennsylvania.
3 . Ms . Martin suffers from dementia.
4 . As a consequence of her condition,
Ms . Martin' s ability to receive and evaluate information
effectively and communicate decisions is impaired to such a
significant extent that she is unable to manage her financial
resources and unable to meet essential requirements for her
physical health and safety.
.
5 . Ms . Martin' s estate is estimated between
$67 , 000 and $73 , 000 with current liability to Messiah' s Lifeways
of $106, 000 .
6 . Ms . Martin has an approximate monthly income
of $1, 556 .
7 . The prognosis from Dr. Jennifer Weber is that
Ms . Martin' s condition is of a type that will be permanent and
only worsen over time .
8 . The duration of the necessary guardianship
must be considered at best indefinite, and for practical purposes
permanent .
9 . The proposed guardian, Keystone Guardianship,
of 34 South Market Street, Suite B, Elizabethville, Pennsylvania
is appropriate to serve as guardian of Ms . Martin' s person and
estate, and is qualified under the statute to do so.
10 . The foregoing Findings of Fact are made on
the basis of clear and convincing evidence .
DISCUSSION
The provisions respecting an adjudication of an
incapacitated person are contained in Title 20 of the
Pennsylvania Consolidated Statutes Section 5501 et . seq. The
Petitioner has substantially complied with these provisions, and
based on the foregoing Finding of Fact a separate Order of Court
will be entered.
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Thomas . Placey C. P.J.
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Steven M. Montresor, Esquire
170o Bent Creek Blvd.
Sui;e 140
Mecnanicsburg, PA 17050
For Pet�_tioner
Robert Kline, Esquire
71 � Bridge Street
P . O . Box 461
New Cumberland, PA 17070-1623
For Phyllis De. Martin
Keystone Guardianship Services
34 South Market Street, Suite B
Elizabethville, Pennsylvania 17023
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: ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: PHYLLIS D MARTIN . CUMBERLAND COUNTY
. PENNSYLVANIA
. N0.21-IS-0671
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 8/24/15
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 8/25/15
IN RE: OPINION
............................................................................................................................
SERVICE TO: ROBERT P KLINE 714 BRIDGE ST PO BOX 461 NEW CUMBERLAND PA 17070
KEYSTONE GUARDIANSHIP SVS 34 S MARKET ST STE B ELIZABETHVILLE PA 17023
STEVEN M MONTRESOR 1700 BENT CREEK BLVD STE 140 MECHANICSBURG PA 17050
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS ❑ PETITIONER
❑ RRR �JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 8/25/15
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SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑USPS ❑ PETITIONER
❑ RRR ❑JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: -�
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D�puty;
Cler�f Orphans' Court
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