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April 12, 1979
Carlisle, Pennsylvania
MR. FOWLER: ~lay it please the Court, this is the time,
Your Honor, fixed for the hearing in the matter of Charlotte R. Nylund
to adjudicate her an incompetent. Your preliminary order dated
March 2, 1979, required service of not less than fifteen days on the
alleged incompetent as well as her next of kin.
I would like to offer at this time an affidavit of service
in which it states that I served personally Charlotte Nylund the
citation, the petition and the preliminary order of court on Harch 26,
1979, at approximately 1:45 P.M.
I have a second affidavit in which I mailed by certified
mail, return receipt requested, the petition, citation, preliminary
order of court, to Carol Jenks Marchant, who is the next of kin in
California. That was mailed on ~larch 6th, and she received it on
March 10th.
I also have an affidavit of Carol Jenks Marchant in which
she acknowledges receipt of the various papers on March lOth. And
she joins in the prayer of the petition and assents to the appointment
of Farmer's Trust Company of Carlisle as guardian.
Lastly, I have the affidavit of the personal physician,
Dr. Kenneth R. Guistwite, and among other things in his affidavit,
he states that because of the alleged incompetent's physical condition
-2-
her welfare will not be promoted by her presence at the hearing fixed
for April 12, 1979. tlr. noffer, who represents Brs. Nylund, has been
given a copy of that affidavit.
(The petitions were handed to the Court.)
THE COURT: Is there anything you want to say, Hr. Hoffer?
MR. HOFFER: Your Honor, I had discussed the petition with
Charlotte Nylund earlier this week. She does consent to have Farmer's
Trust act as her guardian.
THE COURT: Is the consent of Farmer's attached?
tlR. FOWLER: I was just going to say that the consent of
Farmer's Trust Company executed by Dennis Caverly, Senior Vice
President and Trust Officer, is attached to the original petition,
and he is not present today. They have consented to it.
I would also like to state that incompetency has been
variously defined under 55501. And by agreement between myself
and Mr. Hoffer we are asking this Court to find Charlotte Nylund
incompetent because of infirmities of old age. And because of that,
she is unable to manage her property. We would like the determination
limited to that if that can be done.
THE COURT: Very well.
-3-
BETTY L. RICE, called as a witness, being first duly sworn
according to law, testified as follows:
BY 14R. FOI'ILER:
o Mrs. Rice, state your full name?
A Betty Louise Rice.
o Mrs. Rice, where do you reside?
A 1422 York Town Road, Mechanicsburg.
o That's in Cumberland County?
A Yes.
Q You are the petitioner in this matter?
A Yes.
Q How old is Mrs. Nylund?
A She will be seventy-nine in September.
o Was she domiciled at 242 York Road?
A Yes.
o She owned that property?
A Yes.
o Is it presently under an agreement of sale?
A Yes.
Q Where is she residing at the present time?
A At the Church of God Home.
o How long have you known Mrs. Nylund?
-4-
her?
A Since 1948.
o How did you meet her, what was the occasion of knowing
A I went to work for her when she was managing the
Middlesex Inn, now the Indian Motor Inn.
o Have you known her and maintained a relationship with
her since 1948?
A Yes, I have.
o In 1977 had she given you a power of attorney?
A Yes, she did.
o Was that later revoked?
A Yes.
o What was the reason for that?
A She said she was able to take care of her own affairs.
o Primarily, you were writing her checks for her and paying
her bills?
A
o
A
Q
A
Yes, sir.
o
A
Q
Did she want her checkbook back?
Yes, she did.
When did Mrs. Nylund go to the Church of God Home?
January, '78.
Who was her physician at that time?
Dr. Whiteman (phonetic).
Did he recommend that she go to the home?
-5-
A Yes, he did.
0 Do you know the reason?
A She was not able,to take care of herself. She couldn't
fix her meals and take care of herself.
0 Was this because of physical ailments?
A Yes, her legs were swollen. And she had a back operation
which left her partially crippled.
0
home?
A
0
A
0
A
0
A
In January of 1979 what happened to Mrs. Nylund at the
She fell and broke her hip.
Was she then hospitalized at the Carlisle Hospital?
Yes.
To your knowledge was hip surgery performed?
Yes.
While she was in the hospital, did anything else happen?
She had a stroke or a series of strokes.
MR. FOWLER: I think most of this is covered, Your Honor,
in the affidavit of Dr. Guistwite as well.
BY MR. FOWLER:
o Was Dr. Guistwite her personal physician during that period
of time?
A Yes, and Dr. Green operated on her.
o He is the orthopedic surgeon?
-6-
A Yes.
o Do you know as a fact are Mrs. Nylund's personal finances --
has she been paying her bills?
A No.
o How do you know that?
A Because when I go out to the home to see her she just
throws them in the drawer there.
o Has she been writing any checks to the best of your
knowledge?
A No.
o Are you concerned that there are some important bills
that should be paid?
A Yes, sir.
o Do you know that she has money in her bank account to
pay these bills?
A Yes.
Q Approximately how much is in her checking account?
A I would say $6,000.
Q Where is that checking account maintained?
A Farmer's Trust company.
o We have made reference to an
sale of her property at 242 York Road.
property was sold for?
A $35,000.
agreement of sale for the
Do you know how much that
-7-
a Was $3,000 paid down at the time?
1\ Yes.
a Is the balance of that being paid monthly to Mrs. Nylund?
1\ They pay it to the Farmer's Trust.
a In the amount of how much?
1\ $150 a month.
a Does Mrs. Nylund also receive social security?
1\ Yes, she does, but I don't know what amount.
a Would you estimate that her approximate monthly income
is about $400 a month?
1\ I would say so, yes.
a Besides the checking account and the property that is
under an agreement of sale, what other assets does Mrs. Nylund
have?
1\ Her household furnishings and some antiques, dishes.
a Are you familiar with those antiques and dishes?
1\ Yes.
a 1\re you also interested in antiques?
A Yes.
a Do you have any antiques?
1\ Yes.
a In your opinion what would be the approximate value of
those antiques?
1\ I would say between $8,000 and $10,000.
-8-
Q To your knowledge who is Mrs. Nylund's only living heir?
A The closest would be Carol ~larchant.
Q Carol Jenks Marchant?
A Yes.
Q Is she a full-blooded niece of Mrs. Nylund?
A Yes.
Q Does she reside in Berkeley, California?
A Yes.
Q Are there some half relatives?
A Yes, in Clarksburg, West Virginia.
Q But Mrs. Marchant is the only full-blooded living relative,
is that correct?
A Yes.
Q Is Mrs. Nylund a member of the armed services?
A No.
o Do you know whether she is receiving benefits from the
Veterans Administration?
A No, she isn't.
Q Tn your opinion, Mrs. Rice, is Mrs. Nylund able to manage
her property because of her physical ailments?
A No, she is not.
Q You have asked this Court to appoint Farmer's Trust Company
guardian of her estate?
A Yes, I did.
-9-
Q Has any Court ever assumed jurisdiction in any proceeding
to determine the competency of Mrs. Nylund?
A No.
Q To your knowledge has any guardian ever been appointed
for Mrs. Nylund?
A No.
HR. FOI~LER:
MR. HOFFER:
Hr. Hoffer.
I have no questions.
BY THE COURT:
Q There has been reference to an agreement of sale for
her property, did you execute that in the capacity of power of
attorney for her?
A No, sir.
Q To your knowledge, is this something that she signed
herself before she went into the home?
A That's right.
Q You have indicated the antiques, are they still present
in her home?
A To my knowledge, yes.
Q Is there anybody occupying her residence at this time?
A No, sir.
Q How often would you say you visit Mrs. Nylund at the
Church of God Home?
-10-
A During the winter I didn't get there as much as I should.
I go about once a week.
Q Now?
A Yes.
Q When is the last time that you have seen her at the home?
A I saw her on Sunday.
Q Does she stay in bed the whole time you are there?
A They have her strapped in a wheelchair.
THE COURT: That's all the questions I have.
BY ~lR. FOI'lLER:
Q l~rs. Rice, the property that's under agreement of sale,
is that a residence for two families?
A Yes.
Q And the people that purchased that property are living in
one half of the house?
A That's right.
Q So there are people right within the total living unit
next to where Mrs. Nylund did reside before she went into the home?
A But there is nobody living in her part.
I~R. FOI'lLER: That's all I have, Your Honor.
THE COURT: You may step down.
(I'lhereupon, Court adjourned at 3:25 p.n.l
-11-
4/20/79
4/26/79
5/3/79
5/7 /79
5/10/79
5/22/79
5/25/79
5/31/79
6/1/79
6/1/79
6/7 /79
7/3/79
7/9/79
8/3/79
9/4/79
10/4/79
11/2/79
12/3/79
1/1/80
INCOHE
RECEIPTS
Medicare refund doted 1/22/79
Blue Shield 65 Special refund doted 1/24/79
Medicare refund doted 2/5/79
Medicare refund doted 2/5/79
Blue Shield 65 Special refund doted 2/5/79
Medicare refund doted 12/19/78
Po. Blue Shield 65 Special refund doted 12/22/78
Medicare refund doted 12/14/78
Po. Blue Shield 65 Special refund doted 12/18/78
Bachman Foods, Inc., refund dated 2/3/78
Social Security
Medicare refund
Pa. Blue Shield 65 Special refund
Medicare refund
Medicare refund
Medicare refund
Social Security
Pa. Blue Shield 65 Special refund
Pa. Blue Shield 65 Special refund
Social Security
United Telephone Co., refund
Social Security
Social Security
Social Security
Social Security
Social Security
Social Security
Interest, Mortgage Participations 4/20/79 to 1/28/80
256.80
64.20
41.28
84.80
10.32
40.00
10.00
51. 20
12.80
2.10
240.50
152.00
38.00
140.00
48.00
48.00
240.50
12.00
12.00
264.70
81. 29
264.70
264.70
264.70
264.70
264.70
264.70
572.86
Total Income Receipts
~1II11~&911*~~
4/20/79
4/26/79
5/1/79
5/4/79
5/8/79
5/14/79
6/5/79
6/15/79
INCOHE DISBURSEHENTS
Po. Tax Claim Bureau, 1978 county and township taxes
Penna. Power & Light Co., service
Agway Petroleum Corp., balance due
Capital Blue Cross, premium due
Carlisle Hospital, balance due
Carlisle Hospital, TV charge
Harris Associates, P.A., x-ray service
Cumberland County Abstract Co., property search
HGH Pharmacy, balance due
Penna. Power & Light Co., service
Carlisle Hospital, balance due
Billett's Electric, Inc., balance due claim
MGH Pharmacy, balance due
Penna. Power & Light Co., balance due
99.37
90.18
215.16
46.50
1.60
10.00
176.00
7.50
173.77
18.15
90.00
170.00
5.40
18.01
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