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HomeMy WebLinkAbout01-08-07 to IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF SARAH J. MATTER, an alleged incapacitated person: NO. 21-06-1033 IN RE: PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF GUARDIAN OF THE ESTATE AND PERSON OF SARAH J. MATTER IN ACCORDANCE WITH 20 Pa. C.S. SECTION 5511 BEFORE OLER, J. ORDER OF COURT AND NOW, this 5th day of January, 2007, upon consideration of the Petition for Adjudication of Incapacity and Appointment of Guardian of the Estate and Person of Sarah J. Matter in Accordance with 20 Pa. C.S. Section 5511, and following a hearing at which the allegedly incapacitated person was not present (her presence having been excused by the Court), at which she was not represented, and at which evidence was presented by the Petitioner in support of the Petition, the Court finds that Sarah J. Matter is an incapacitated person, she is consequently adjudicated as such, and her nephew, Nelson L. Beard, is appointed permanent plenary guardian of her person and estate. The guardian shall timely file with the Court all reports and accounts required by statute. No bonq~hall ~ ?~~,~ 0 f: !~/i~j ~= I --.... co :j~~~ ~ ;:::""5 :::;: E --/ s? -.'- ~ j ,I j 1 t:~-) " ._;. .' '" ~ ,.; [=4 c.) :-7 ,c~.;; (;;; I - ''Or', 0~) ~~~:' required of the guardian. To Sarah J. Matter: .::- co ~ STATEMENT OF RIGHTS An order has been entered whereby you have been adjudicated a totally incapacitated person and unable to care for yourself and manage your personal and financial affairs. You have the right to file exceptions to the Court's decision within 20 days of the date of the Court's order. If you fail to file exceptions, the order will become final. In the event that you file exceptions and they are denied, you have a right to file an appeal to the Superior Court within 30 days of the date of the denial of the exceptions. In addition, you may petition the Court at any future time to modify or to terminate the plenary guardianship if there is a significant change in your capacity or if your plenary guardian fails to perform his duties in accordance with the Court's order. If you wish to file exceptions to or further appeal the order or to petition the Court to modify or terminate the plenary guardianship, you may be represented by an attorney. If you do not have an attorney you may request that the Court appoint one to represent you. If you cannot afford an attorney, the services of an attorney whom the Court may appoint will be provided at no costs to you. . By the Court, John D. Killian, Esquire 218 Pine Street P.O. Box 886 Harrisburg, PA 17108 For Petitioners Sarah J. Matter Bethany Village Retirement Center 5225 Wesley Drive Mechanicsburg, PA 17055 :mae J. .- IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ESTATE OF SARAH J. MATTER, an alleged incapacitated person: NO. 21-06-1033 IN RE: PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF GUARDIAN OF THE ESTATE AND PERSON OF SARAH J. MATTER IN ACCORDANCE WITH 20 Pa. C.S. SECTION 5511 BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., January 5, 2007. At issue in the present case is whether Sarah J. Matter should be adjudicated an incapacitated person on a permanent basis, and, if so, whether Ms. Matter's nephew, Nelson L. Beard, who resides at 914 Lower River Road, Youngstown, New York, 14174, should be appointed plenary guardian of her person and estate. A hearing was held on this matter on January 5, 2007. The allegedly incapacitated person was not present in court pursuant to a waiver of her presence by the Court on the basis of an affidavit presented from Dr. Namrata Haldipur. Dr. Haldipur also testified at the hearing. For the reasons stated in this opinion, the Petition for Appointment of a Permanent Guardian of the Person and Estate of Sarah J. Matter will be granted, and Nelson L. Beard will be appointed plenary guardian of her person and ~ estate. STATEMENT OF FACTS 1. The allegedly incapacitated person is Sarah J. Matter, a domiciliary of Cumberland County, Pennsylvania, born October 2, 1927, and presently residing at the Bethany Village Retirement Center, 5225 Wesley Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Petitioner is John D. Killian, Esquire, residing at 1064 Country Hill Drive, Harrisburg, Dauphin County, Pennsylvania, 17111; Petitioner has been Ms. Matter's attorney for many years and is executor of the estate of Harold E. Matter, Jr., the allegedly incapacitated person's husband, who died on October 17, 2006. 3. The proposed guardian is the allegedly incapacitated person's nephew, Nelson L. Beard, an adult individual residing at 914 Lower River Road, Youngstown, New York, 14174; Mr. Beard is employeed by General Dynamics. 4. Sarah J. Matter, the allegedly incapacitated person, suffers from dementia (probably of the Alzheimer's type) . 5. Ms. Matter's condition is such that her 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. 6. According to the testimony of her physician, the prognosis in this matter is not favorable with respect to her mental condition. 7. The estate of the allegedly incapacitated person is valued at approximately $647,000, and her income derives primarily from Social Security benefits and a pension. 8. The allegedly incapacitated person is in need of a plenary guardian of her person and estate. 9. The duration of the necessary guardianships must be considered at best indefinite, and for practical purposes permanent. 10. Nelson L. Beard, the nephew of Sarah J. Matter, is a person qualified to serve as guardian of her person and estate under 20 Pa. C.S. Section 5511(f). 11. Based upon the representation of the Petitioner that he regards Mr. Beard as an honest and trustworthy person, no bond will be required of the guardian in this matter. 12. 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 20 Pa. C.S. Sections 5570 et. seq. The Petitioner has substantially complied with these provisions, - and based upon the foregoing Findings of Fact, the following Order of Court will be entered: ORDER OF COURT AND NOW, this 5th day of January, 2007, upon consideration of the Petition for Adjudication of Incapacity and Appointment of Guardian of the Estate and Person of Sarah J. Matter in Accordance with 20 Pa. C.S. Section 5511, and following a hearing at which the allegedly incapacitated person was not present (her presence having been excused by the Court), at which she was not represented, and at which evidence was presented by the Petitioner in support of the Petition, the Court finds that Sarah J. Matter is an incapacitated person, she is consequently adjudicated as such, and her nephew, Nelson L. Beard, is appointed permanent plenary guardian of her person and estate. The guardian shall timely file with the Court all reports and accounts required by statute. No bond shall be required of the guardian. To Sarah J. Matter: STATEMENT OF RIGHTS An order has been entered whereby you have been adjudicated a totally incapacitated person and unable to care for yourself and manage your personal and financial affairs. You have the right to file exceptions to the Court's decision within 20 days of the date of the Court's - order. If you fail to file exceptions, the order will become final. In the event that you file exceptions and they are denied, you have a right to file an appeal to the Superior Court within 30 days of the date of the denial of the exceptions. In addition, you may petition the Court at any future time to modify or to terminate the plenary guardianship if there is a significant change in your capacity or if your plenary guardian fails to perform his duties in accordance with the Court's order. If you wish to file exceptions to or further appeal the order or to petition the Court to modify or terminate the plenary guardianship, you may be represented by an attorney. If you do not have an attorney you may request that the Court appoint one to represent you. If you cannot afford an attorney, the services of an attorney whom the Court may appoint will be provided at no costs to you. By the Court, /s/ J. Wesley Oler, Jr., J. Wesley Oler, Jr., J. John D. Killian, Esquire 218 Pine Street P.O. Box 886 Harrisburg, PA 17108 For Petitioners Sarah J. Matter Bethany Village Retirement Center 5225 Wesley Drive Mechanicsburg, PA 17055 :mae In Re: SARAH J. MATTER ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-06-1033 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 01-05-07 JUDGE'S INITIALS: JWO TIME STAMP DATE: 01/08/07 IN RE: ORDER OF COURT(AFFIDA VIT TO EXCUSE) """"""""",..."....,...""""""""""""""""""""""""""""""".."""""","""""""" SERVICE TO: JOHN D. KILLIAN ESQ SARAH J MATTER METHOD OF MAILING: ENVELOPES PROVIDED BY: [gJ USPS DRRR D HAND DELIVERED DOTHER_ D PETITIONER [gJ JUDGE D CLERK OF ORPHANS COURT MAILED: 01/08/07 """"",."""""""""""""""""""""""""""""""""""""""""""""""",..""""""" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: no\ty (ki Clerk of Orphans' Court