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Home My WebLink About09-18-09 (2)z IN RE: FANNIE E. GILL IN THE COURT OF COMMON PLEAS OF An Alleged. Incapacitated CUMBERLAND COUNTY, PENNSYLVANIA Person ORPHANS' COURT DIVISION NO. 21-09-0700 IN RE: PETITION OF GREEN RIDGE VILLAGE TO ADJUDICATE AN INCAPACITATED PERSON AND TO APPOINT A PLENARY GUARD OF R PERSON AND ESTATE ~~ ~ ~x S~ BEFORE OLER J . ra --c- ~ ~,~ r*~ `v tr ~ C..:'~ ~~ j:s ~ K-.-t Y P'1 ~ .,..4.J ~ ~ ~ ..*r~ ORDER OF COURT ~- ~~ ,, _ ~~"~ ~,,... ~'~::r P, AND NOW, this 17th day of September, ~ 2009 ;pin ~ ~ ~:~s~' , . N consideration of the Petition of Green Ridge Vi llage To Adjudicate an Incapacitated Person and To Appoint a Plenary Guardian of Her Person and Estate with respect to Fannie E. Gill, an adult domiciliary of Cumberland County residing at Green Ridge Village, and following a hearing, at which the allegedly-incapacitated person was not present (her presence having been excused by the Court, with the concurrence of her court-appointed counsel), at which the allegedly-incapacitated person was represented by David T. Miller, Esquire, and at which evidence was presented by the Petitioner in support of the petition, and based upon the Findings of Fact contained in the accompanying opinion, the Court finds that Fannie E. Gill is an incapacitated person, she is consequently adjudicated as such, and Good News Consulting, 140 Roosevelt Avenue, Suite 206, York, Pennsylvania, 17401, is appointed plenary guardian of her person and estate. No bond shall be required of the guardian, but the guardian is directed to maintain the present fiduciary liability insurance which it has in effect. The guardian shall file on a timely basis with the Court all reports and accounts required by statute. Fannie E. Gill is hereby notified of her right to s appeal to the Pennsylvania Superior Court from the adjudication of incapacity herein within 30 days of its entry, and to petition at any time for a modification or a termination of the order. By the Court, J . ~lesley Oler ~-~ r . , J Jane Adams, Esquire. 17 West South Street Carlisle, PA 17013 For Petitioner David T. Miller, Esquire 950 Walnut Bottom Road Suite 15-209 Carlisle, PA 17014 Court-appointed counsel for Fannie E. Gill :mae IN RE: FANNIE E. GILL IN THE COURT OF COMMON PLEAS OF An Alleged Incapacitated CUMBERLAND COUNTY, PENNSYLVANIA Person ORPHANS' COURT DIVISION N0. 21-09-0700 IN RE: PETITION OF GREEN RIDGE VILLAGE TO ADJUDICATE AN INCAPACITATED PERSON AND TO APPOINT A PLENARY GUARDIAN OF HER PERSON AND ESTATE BEFORE OLER J. OPINION AND ORDER OF COURT Oler J, September 17, 2009. At issue in the present case is whether Fannie E. Gill should be adjudicated an incapacitated person on a permanent basis, and, if so, whether Good News Consulting, 140 Roosevelt Avenue, Suite 206, York, Pennsylvania, should be appointed plenary guardian of her person and estate. A hearing was held in this matter on September 17, 2009. The allegedly-incapacitated person was not present for the hearing, her presence having been excused by the Court pursuant to medical testimony indicating that her appearance in court would be harmful to her health. Her court-appointed counsel, David T. Miller, Esquire, was present, and participated in the hearing. 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 Fannie E. Gill, an adult individual and domiciliary of Cumberland County, Pennsylvania, who presently resides at Green Ridge Village, 210 Big Spring Road, Newville, Pennsylvania, 17241. 2. Petitioner is Green Ridge Village, a nursing home facility at the aforesaid Cumberland County address in Newville, Pennsylvania. 3. The allegedly-incapacitated person suffers from dementia, congestive heart failure, and other debilitating medical conditions. 4. As a consequence of her condition, Ms. Gill's 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. 5. Ms. Gill's estate is modest in value, and her income is negligible. 6. The prognosis for Ms. Gill is not favorable at the present time. 7. Ms. Gill is in need of a plenary guardian of her person and estate. 8. The duration of the necessary guardianship must be considered at best indefinite, and for practical purposes permanent. 9. The proposed guardian, Good News Consulting, 140 Roosevelt Avenue, Suite 206, York, Pennsylvania, 17401, is appropriate to serve as guardian of Ms. Gill's person and estate. 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 17th day of September, 2009, upon consideration of the Petition of Green Ridge Village To Adjudicate an Incapacitated Person and To Appoint a Plenary Guardian of Her Person and Estate with respect to Fannie E. Gill, an adult domiciliary of Cumberland County residing at Green Ridge Village, and following a hearing, at which the allegedly-incapacitated person was not present (her presence having been excused by the Court, with the concurrence of her court-appointed counsel), at which the allegedly-incapacitated person was represented by David T. Miller, Esquire, and at which evidence was presented by the Petitioner in support of the petition, and based upon the Findings of Fact contained in the accompanying opinion, the Court finds that Fannie E. Gill is an incapacitated person, she is consequently adjudicated as such, and Good News Consulting, 140 Roosevelt Avenue, Suite 206, York, Pennsylvania, 17401, is appointed plenary guardian of her person and estate. No bond shall be required of the guardian, but the guardian is directed to maintain the present fiduciary liability insurance which it has in effect. The guardian shall file on a timely basis with the Court all reports and accounts required by statute. Fannie E. Gill 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 to petition at any time for a modification or a termination of the order. By the Court, /s/ J. Wesley Oler, Jr., J. J. Wesley Oler, Jr., J. Jane Adams, Esquire 17 West South Street Carlisle, PA 17013 For Petitioner David T. Miller, Esquire 950 Walnut Bottom Road Suite 15-209 Carlisle, PA 17014 Court-appointed counsel for Fannie E. Gill :mae ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: FANNIE E. GILL AN ALLEGED INCAPACITATED PERSON CUMBERLAND COUNTY PENNSYLVANIA N0.21-09-0700 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 09-17-09 JUDGE'S INITIALS: JWO TIME STAMP DATE: 09-18-09 IN RE: OPINION AND ORDER OF COURT SERVICE TO: JANE ADAMS ESQ DAVID T MILLER ESQ METHOD OF MAILING: ® USPS ^~ ^ HAND DELIVERED ^ OTHER MAILED: 09-21-09 ENVELOPES PROVIDED BY: ^ PETITIONER ® JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT De Cle of Orphans' Court