HomeMy WebLinkAbout06-03-09IN RE: IN THE COURT OF COMMON PLEA OF o
CUMBERLAND COUNTY, PENNSYLIA _
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ORPHANS ' COURT DIVISION ~' ~ j
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WINIFRED D. CHRONISTER '(?T~ ~ ;_,
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An Alleged Incapacitated -~m ~ ~
Person NO. 21-09-404 ORPHANS COUH`~'~'3~ ~
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IN RE: PETITION FOR THE APPOINTMENT OF PERMANENT GfiJA~DIAN"t)F - ~.
THE PERSON AND ESTATE PURSUANT TO 20 P.S. SECTIO}~"5511 ~ ;;
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ORDER OF COURT
AND NOW, this 26th day of May, 2009, upon
consideration of the Petition for the Appointment of a Plenary
Guardian of the Person and Estate with respect to Winifred D.
Chronister, and following a hearing held on this date at which Ms.
Chronister was present with her court-appointed counsel, Grace E.
D'Alo, Esquire, and at which evidence was presented by the
Petitioner in support of the Petition, and based upon the foregoing
Findings of Fact, the Court finds that Winifred D. Chronister is an
incapacitated person, she is consequently adjudicated as such, the
Petitioner, Cumberland County Aging and Community Services Agency
is appointed permanent plenary guardian of her person and estate,
and Keystone Guardianship Services NPC is appointed limited
temporary guardian of her estate for the purpose of handling the
sale of her home.
No bond shall be required of either guardian.
The guardians shall file on a timely basis with the
Court all reports and accounts required by statute.
Petitioner is granted the payment of a guardian fee to
Petitioner subject to a maximum of 10 percent of Winifred D.
Chronister's gross monthly income or $100 per month, whichever is
less.
The Petitioner is further directed to see that Ms.
Chronister's cats are maintained in good health.
Winifred D. Chronister is hereby notified of her right
to appeal to the Pennsylvania Superior Court from the adjudication
of incapacity herein within 30 days of its entry and petition at
any time for a modification or termination of the order.
By the Court,
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Wesley O r, J ., J.
Anthony L. DeLuca, Esquire
For the Cumberland County Aging & Community Services
Grace E. D'Alo, Esquire
Court-appointed for Winifred D. Chronister
:pcb
IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
WINIFRED D. CHRONISTER
An Alleged Incapacitated
Person NO. 21-09-404 ORPHANS' COURT
IN RE: PETITION FOR THE APPOINTMENT OF PERMANENT GUARDIAN OF
THE PERSON AND ESTATE PURSUANT TO 20 P.S. SECTION 5511
Before Oler, J.
OPINION and ORDER OF COURT
Oler, J., May 26, 2009
At issue in the present case is whether Winifred D.
Chronister should be adjudicated an incapacitated person on a
permanent basis, and, if so, whether Petitioner Cumberland County
Aging and Community Services Agency should be appointed permanent
plenary guardian of her person and estate and whether Keystone
Guardianship Services NPC should be appointed limited temporary
guardian of her estate for purposes of selling her home.
A hearing was held on this matter on May 26, 2009.
The allegedly-incapacitated person was present for the hearing,
accompanied by her court-appointed counsel, Grace E. D'Alo,
Esquire. The Petitioner was represented by Anthony L. DeLuca,
Esquire.
Based upon the evidence presented at the hearing,
which included the record from a prior hearing on May 1, 2009, the
following Facts, 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, presently residing at the Claremont Nursing and
Rehabilitation Center in Carlisle, Cumberland County, Pennsylvania.
2. The Petitioner is 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 is somewhat hopeful at this time based upon the care which
she is presently receiving.
5. The allegedly-incapacitated person owns a
residence at 6303 Brandy Lane, Mechanicsburg, Cumberland County,
Pennsylvania, which has a substantial value.
6. The allegedly-incapacitated person also owns three
cats.
7. The appointment of a guardian of the
allegedly-incapacitated person's person and estate is necessary at
the present time on a plenary and permanent basis.
8. Keystone Guardianship Services NPC is an
appropriate entity to handle the sale of the
allegedly-incapacitated person's home if deemed appropriate by the
permanent plenary guardian of her person and estate.
9. The Petitioner is an appropriate entity to serve
as permanent plenary guardian of the person and estate of the
allegedly-incapacitated person.
10. 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 5501 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 26th day of May, 2009, upon
consideration of the Petition for the Appointment of a Plenary
Guardian of the Person and Estate with respect to Winifred D.
Chronister, and following a hearing held on this date at which Mrs.
Chronister was present with her court-appointed counsel, Grace
D'Alo, Esquire, and at which evidence was presented by the
Petitioner in support of the Petition, and based upon the foregoing
Findings of Fact, the Court finds that Winifred D. Chronister is an
incapacitated person, she is consequently adjudicated as such, the
Petitioner, Cumberland County Aging and Community Services Agency
is appointed permanent plenary guardian of her person and estate,
and Keystone Guardianship Services NPC is appointed limited
temporary guardian of her estate for the purpose of handling the
sale of her home.
No bond shall be required of either guardian.
The guardians shall file on a timely basis with the
Court all reports and accounts required by statute.
Petitioner is granted the payment of a guardian fee to
Petitioner subject to a maximum of 10 percent of Winifred D.
Chronister's gross monthly income or $100 per month, whichever is
less.
The Petitioner is further directed to see that Ms.
Chronister's cats are maintained in good health.
Winifred D. Chronister is hereby notified of her right
to appeal to the Pennsylvania Superior Court from the adjudication
of incapacity herein within 30 days of its entry and petition at
any time for a modification or termination of the order.
By the Court,
s/ J. Weslev Oler, Jr.
J.
Anthony L. DeLuca, Esquire
For the Cumberland County Aging & Community Services
Grace D'Alo, Esquire
Court-appointed for Winifred D. Chronister
:pcb
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: WINIFRED CHRONISTER CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-09-0404
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: OS-26-09
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 06-03-09
IN RE: ORDER OF COURT OPINION AND ORDER
SERVICE TO: GRACE D'ALO AND TONY DELUCA
METHOD OF MAILING:
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SERVICE TO:
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Clerk of Orphans' Court