HomeMy WebLinkAbout12-30-09
IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MIMI BLAZER, ORPHANS' COURT DIVISION ~
An Alleged Incapacitated ~.~.,
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Person NO . 21- 0 9 -10 2 9 -~-~-
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IN RE : PETITION FOR ADJUDICATION OF ~_-_E ...~~. ~ ~
INCAPACITY AND APPOINTMENT OF GUARDIAN ~'' ~;,v~ ~
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BEFORE OLER J. ~:~~~~+~`~'
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AND NOW, this 28th day of December, 2009, upon ~'
consideration of the Petition for Adjudication of Incapacity and
Appointment of Guardian filed by United Church of Christ Homes,
Inc., doing business as Sarah A. Todd Memorial Home, and
following a hearing at which the allegedly incapacitated person,
Mimi Blazer, was not present (her presence having been excused by
the Court), at which the Petitioner was represented by Steven M.
Montresor, Esquire, at which Intervenor Stephanie E. Chertok,
Esquire, represented herself, 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 the aforesaid Mimi Blazer is an incapacitated person,
she is consequently adjudicated as such, and Stephanie E.
Chertok, Esquire, 61 West Louther Street, Carlisle, Pennsylvania,
17013, is appointed plenary guardian of her person and estate.
No bond shall be required of the guardian, but the
guardian is directed to file on a timely basis with the Court all
reports and accounts required by statute.
The Power of Attorney dated September 30, 1998, in
favor of Alan Berlin is hereby vacated and declared of no further
force and effect .
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Mimi Blazer 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.
Steven M. Montresor, Esquire
1700 Bent Creek Boulevard
Suite 140
Mechanicsburg, PA 17050
For Petitioner
Stephanie E. Chertok, Esquire
61 West Louther Street
Carlisle, PA 17013
Intervenor
Mimi Blazer
C/o Sarah A. Todd Memorial Home
1000 West South Street
Carlisle, PA 17013
Allegedly Incapacitated Person
John Blazer
49 Thrale Road
London SW16 1NT, UK
Alan Berlin
1 Bellaire Avenue #3
Carlisle, PA 17013
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By the Court,
IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MIMI BLAZER, ORPHANS' COURT DIVISION
An Alleged Incapacitated
Person N0. 21-09-1029
IN RE: PETITION FOR ADJUDICATION OF
INCAPACITY AND APPOINTMENT OF GUARDIAN
BEFORE OLER J.
OPINION AND ORDER OF COURT
Oler J, December 28, 2009.
At issue in the present case is whether Mimi Blazer
should be adjudicated an incapacitated person, and, if so,
whether a guardian of her person and estate should be appointed
on a permanent plenary basis. A hearing was held in this matter
on December 28, 2009. The allegedly incapacitated person was not
present for the hearing, her appearance having been excused by
the Court pursuant to medical testimony of
Dr. George P. Branscum indicating that her appearance in court
would be harmful to her health. Petitioner was represented by
Steven M. Montresor, Esquire, and the Intervenor, Stephanie E.
Chertok, Esquire, represented herself.
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 Mimi Blazer,
an adult individual and domiciliary of Cumberland County,
Pennsylvania, who presently resides at the Sarah A. Todd Memorial
Home located at 1000 West South Street, Carlisle, Cumberland
County, Pennsylvania, 17013;
2. Ms. Blazer is currently 86 years of age;
3. Petitioner is the United Church of Christ Homes,
Inc., doing business as Sarah A. Todd Memorial Home located at
the aforesaid address;
4. The allegedly-incapacitated person suffers from
severe dementia;
5. As a consequence of her condition, Ms. Blazer'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;
6. Ms. Blazer's estate is modest in value, and her
Income is negligible;
7. The prognosis for Ms. Blazer is not favorable at
the present time;
8. Ms. Blazer is in need of a plenary guardian of her
person and estate;
9. The duration of the necessary guardianship must be
considered to be at best indefinite, and for practical purposes,
permanent;
10. Stephanie E. Chertok, Esquire, 61 West Louther
Street, Carlisle, Pennsylvania, is an adult individual who has
volunteered to serve as such guardian, without objection on the
part of the Petitioner;
11. Alan Berlin presently holds a general Power of
Attorney dated September 30, 1998, in which the principal is the
allegedly-incapacitated person. Mr. Berlin's last known address
is 1 Bellaire Avenue, #3, Carlisle, Pennsylvania, 17013;
12. The continuation of the aforesaid Power of
Attorney is not in the allegedly incapacitated person's best
interests;
13. 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 28th day of December, 2009, upon
consideration of the Petition for Adjudication of Incapacity and
Appointment of Guardian filed by United Church of Christ Homes,
Inc., doing business as Sarah A. Todd Memorial Home, and
following a hearing at which the allegedly incapacitated person,
Mimi Blazer, was not present (her presence having been excused by
the Court), at which the Petitioner was represented by Steven M.
Montresor, Esquire, at which Intervenor Stephanie E. Chertok,
Esquire, represented herself, 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 the aforesaid Mimi Blazer is an incapacitated person,
she is consequently adjudicated as such, and Stephanie E.
Chertok, Esquire, 61 West Louther Street, Carlisle, Pennsylvania,
17013, is appointed plenary guardian of her person and estate.
No bond shall be required of the guardian, but the
guardian is directed to file on a timely basis with the Court all
reports and accounts required by statute.
The Power of Attorney dated September 30, 1998, in
favor of Alan Berlin is hereby vacated and declared of no further
force and effect.
Mimi Blazer 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.
Steven M. Montresor, Esquire
1700 Bent Creek Boulevard
Suite 140
Mechanicsburg, PA 17050
For Petitioner
Stephanie E. Chertok, Esquire
61 West Louther Street
Carlisle, PA 17013
Intervenor
Mimi Blazer
C/o Sarah A. Todd Memorial Home
1000 West South Street
Carlisle, PA 17013
Allegedly Incapacitated Person
John Blazer
49 Thrale Road
London SW16 1NT, UK
Alan Berlin
1 Bellaire Avenue #3
Carlisle, PA 17013
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: MIMI BLAZER CUMBERLAND COUNTY
PENNSYLVANIA
NO.21-09-1029
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 12/28/09
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 12/30/09
IN RE: ORDER AND OPINION AND ORDER
SERVICE TO: STEVEN MONTRESOR ESO, STEPHANIE E CHERTOK ESQ
MIMI BLAZER C/O SARAH A TODD MEMORIAL HOME
JOHN BLAZER, ALAN BERLIN
METHOD OF MAILING: ENVELOPES PROVIDED BY:
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^ HAND DELIVERED
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MAILED: 12/31/09
^ 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
Depu
Cler o Orphans' Court