HomeMy WebLinkAbout05-06-09
IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
WINIFRED D. CHRONISTER NO. 21-09-404
An Alleged Incapacitated
Person
IN RE: PETITION FOR THE APPOINTMENT OF EMERGENCY PLENARY
GUARDIAN OF THE PERSON AND ESTATE
ORDER OF COURT
AND NOW, this 1st day of May, 2009, upon
consideration of the Petition for the Appointment of
Emergency Plenary Guardian of the Person and Estate, and,,,,
following a hearing held n
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on this date, it is orde~~~ and ~
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directed as follows: ~~~
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Winifred D
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Chronister is adjudicate ~ { ^' t l
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incapacitated person; ~-~.' .r-
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2. Petitioner Cumberland County Aging and
Community Services Agency is appointed emergency plenary
guardian of the person and estate of Winifred D. Chronister.
In the performance of its duties, the agency shall inter
alia provide for the care of three cats which Ms. Chronister
owns so that their health is preserved during the period of
the guardianship;
3. No bond shall be required of the guardian.
4. The terms of the emergency guardianship
created herein shall be limited in accordance with
Section 5513 of the Probate Estates and Fiduciaries Code.
Winifred D. Chronister is hereby notified of
her right to appeal to the Pennsylvania Superior Court from
this order, and to petition for its modification or
termination at any time.
By the Court,
Anthony L. DeLuca, Esquire
For the Cumberland County Aging & Community Services
Grace D'Alo, Esquire
Court-appointed for Winifred D. Chronister
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IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
WINIFRED D. CHRONISTER ORPHANS' COURT DIVISION
An alleged Incapacitated NO. 21-09-404
Person
IN RE: PETITION FOR THE APPOINTMENT OF EMERGENCY PLENARY
GUARDIAN OF THE PERSON AND ESTATE
Before Oler, J.
OPINION and ORDER OF COURT
Oler, J., May 1, 2009
At issue in the present case is whether Winifred
D. Chronister should be adjudicated an incapacitated person
on an emergency basis, and, if so, whether the Cumberland
County Aging and Community Services Agency should be
appointed emergency plenary guardian of her person and
estate. A hearing was held in this matter on May 1, 2009.
The allegedly-incapacitated person was present for the
hearing, as was her court-appointed counsel, .Grace D'Alo,
Esquire. The Petitioner, Cumberland County Aging and
Community Services, was represented by Anthony DeLuca,
Esquire.
Based upon the evidence presented at the hearing,
the following Findings of Fact, Discussion and Order of
Court are made and entered:
FINDINGS OF FACT
1. The allegedly-incapacitated person is Winifred
D. Chronister, an adult individual and domiciliary of
Cumberland County, Pennsylvania, who currently resides at
6303 Brandy Lane, Mechanicsburg, Cumberland County,
Pennsylvania;
2. Petitioner is the Cumberland County Aging and
Community Services Agency, which has offices at 16 West High
Street, Carlisle, Cumberland County, Pennsylvania;
3. The allegedly-incapacitated person suffers
from dementia. As a consequence of her condition, 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.
4. The prognosis for the allegedly-incapacitated
person at this time is guarded.
5. The appointment of an emergency guardian of
the allegedly-incapacitated person's person and estate is
necessary to prevent irreparable harm to her person and
estate.
6. The foregoing Findings of Fact are made on the
basis of clear and convincing evidence.
DISCUSSION
Under Pennsylvania Law, an emergency guardian of
the person and/or estate may be appointed in a case of a
person alleged to be incapacitated "when it appears that the
person lacks the capacity, [the person] is in need of a
guardian (,] and a failure to make such appointment will
result in irreparable harm to the person or estate of the
allegedly-incapacitated person." Act of June 30, 1972,
P.L. 508, Section 2, as amended, 20 Pa. C.S. Section 5513.
An "incapacitated person" is an adult whose
ability to receive and evaluate information
effectively and communicate decisions in any way
is impaired to such a significant extent that she
is partially or totally unable to meet her
financial resources or to meet essential
requirements for her physical health and safety.
Id. Section 5501.
Proof in such a case must be by clear and
convincing evidence. Id. Sections 5511(a), 5513.
In the present case, Petitioner has demonstrated
by clear and convincing evidence that an emergency
adjudication of incapacity and appointment of a guardian of
the person and estate on an emergency basis are appropriate.
For this reason the following order will be entered:
ORDER OF COURT
AND NOW, this 1st day of May, 2009, upon
consideration of the Petition for the Appointment of
Emergency Plenary Guardian of the Person and Estate, and
following a hearing held on this date, it is ordered and
directed as follows:
1. Winifred D. Chronister is adjudicated an
incapacitated person;
2. Petitioner Cumberland County Aging and
Community Services Agency is appointed emergency plenary
guardian of the person and estate of Winifred D. Chronister.
In the performance of its duties, the agency shall inter
alia provide for the care of three cats which Ms. Chronister
owns so that their health is preserved during the period of
the guardianship;
3. No bond shall be required of the guardian.
4. The terms of the emergency guardianship
created herein shall be limited in accordance with
Section 5513 of the Probate Estates and Fiduciaries Code.
Winifred D. Chronister is hereby notified of
her right to appeal to the Pennsylvania Superior Court from
this order, and to petition for its modification or
termination at any time.
By the Court,
S/ J. Wesley Oler, Jr.,
J. Wesley.Oler, Jr., J.
In Re: WINIFRED D. CHRONISTER
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
N0.21-09-0404
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: OS-O1-09
JUDGE'S INITIALS: JWO
TIME STAMP DATE: OS-06-09
IN ~: ORDER OF COURT
SERVICE TO: OFFICE OF AGING GRACE D'ALO
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 05/06/09
ENVELOPES PROVIDED BY:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO: ANTHONY DELUCA ESO
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 05/06/09
ENVELOPES PROVIDED BY:
^ PETITIONER
® JUDGE
^ CLERK OF ORPHANS COURT
Dep
Clerk of Orphans' Court