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Home My WebLink About96-0240IN RE: IN THE COURT OF COMMON PLEAS OF JOHN CHISAR, JR. CUMBERLAND COUNTY, PENN~YLVAN~ incapacitated person : ~~ -= ..~, ~? ORPHANS COURT DIVISION ~ ~ ~ "~ n NO. 86-240 ,~~ `` ~ `'~' _~`' rv -~. ~ .~ C!3 ~ ,,,,~ - ~ '-= ~. ! .; -j . ~ .. `--. ~ ., ~ p E ~ ~ a ' - c.c~ PETITION FOR REVIEW HEARING FOR THE REMOVAL-' =~ r n ~~, ~ OF GUARDIAN PURSUANT TO 20 Pa.C.S.A. ~ 5515 ~~ TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW COMES, Christina Sailors, Petitioner, by and through her attorney, JaimO L. High, Esquire, and avers the following in support of the within Petition For Removal of Guardian Pursuant to 20 Pa.C.S.A. § 5515: Petitioner, Christina Sailors, an adult individual, resides at 1710 Dighton Street, Camp Hill, Pennsylvania. 2. On May 22, 1986, John Chisar, Jr.. was adjudicated an incapacitated person by the Honorable Kevin A. Hess and Donald G. Lesher was appointed guardian of his person and estate. (See Exhibit "A" -Order dated May 22, 1986). John Chisar, Jr., the incapacitated person, resides at 1710 Dighton Street, Camp Hill, Cumberland County, Pennsylvania and has been residing there for approximately forty- eight (48) years. 4. Petitioner is the long-time companion of Donald G. Lesher and has helped to care for John Chisar, Jr., the incapacitated person. l~ 5. Petition currently resides with John Chisar, Jr., the incapacitated person, and has resided with him since 1985. 6. The following persons are to the best of Petitioner's knowledge, information and belief the only living next-of--kin of the alleged incapacitated person: Mary Ruth Mayton (Aunt) Linnea Kunicky (Cousin) Laurie Ingagliato (Cousin) George Mayton (Cousin) Karen Anderson (Cousin) Glenn Chisar (Cousin) Barbara Manges (Cousin) 2125 Argonne Drive Minneapolis, MN 55421 12 Oakmont Street Pittsburgh, PA 15205 173 Maxis Lane Shellsburg, PA 15559 47104 Northumberland Street Novi, MI 48374 7270 21st Avenue Pennock, MN 56279 12 Oakmont Street Pittsburgh, PA 15205 143 Bennett Avenue North East, MD 21901 7. Donald G. Lecher resides at Manor Care located at 940 Walnut Bottom Road in Carlisle, Pennsylvania. 8. Donald G. Lecher, has been diagnosed with advancing dementia and is unable to make decisions for himself. (See Exhibit "B" -Letter from DOCTOR). 2 9. Donald G. Lesher should be removed as guardian of the person and estate of John Chisar, Jr., the incapacitated person, because Donald G. Lesher has become unable to discharge the duties of his office because of his dementia and is likely to injure the estate. 10. It is anticipated Donald G. Lesher's advancing dementia will continue to progress and his cognitive abilities will continue to deteriorate. 11. Donald G. Lesher should be removed as guardian of the estate and person of John Chisar, Jr., the incapacitated person, to prevent any wasting and possible mismanaging of the person and estate of John Chisar, Jr., the incapacitated person, that maybe caused by the Donald Lesher's mental deterioration due to his dementia. 12. The Petitioner, the proposed substitute guardian, has no interest adverse to John Chisar, Jr, 13. The consent of the Petitioner is attached hereto. (See Exhibit "C" -Consent of Substitute Guardian). 14. Petitioner has advanced her personal resources to secure legal representation regarding this Petition and has advanced filing fees associated with this Petition and seeks reimbursement of the same from the incapacitated person's funds. WHEREFORE, Petitioner requests that this Honorable Court enter an order directing the following: (1) a review hearing to be held to determine whether Donald G. Lesher should be removed as guardian for John Chisar, Jr., the incapacitated person; (2) Donald G. Lesher, to file a final accounting for the guardianship; (3) Christina Sailors, Petitioner, appointed as substitute guardian; (4) reimbursement of costs and fees advanced by Petitioner in this matter, and (5) any such relief this Honorable Court determines appropriate. _._~- Dated: ~ `~ c ~( Respectfully submitted: COYNE & COYNE, P.C. _. ,,' /r _~ ,~ / B i ime L. High, E~ ire - Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 AtIOYTZey fOY P2tltlO72eY 4 IN RE ESTATE OF JOHN CHTSAR, JR. AN ALLEGED INCOMPETENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DTVTSION N0. 240 ORPHANS' 1986 ORDER OF COURT AND NOW, this 22nd day of May, 19II6, at 2:10 p.m., the court finds that John Chisar, Jr., by virtue of an infirmity is unable to manage his affairs .and is likely to become the victim '~ of designing persons, he is accordingly adjudged an incompetent. Donald G. Lesher is appointed as the guardian of the estate and the person of John Chisar, Jr. Mr. Lesher shall serve in his capacity. as guardian without bond.- By the Court, Revi A. Hess, J. Donald J. Thomas, Esquire ~ ~ TF~ COPY FRS }` '~ Attorney for Petitioner ~ p~'I'+a~~' 'at~f, i ft~r-rtr~ . i ~ 'f Owe v!'7+iwY'. i ld~s3 B~YR 3p P~-~.(/f/ ,, ~ ~ .~ C~ C6~t t\' ~ ~srA`«`P c.'M`?`:`,~ G'"'hf~ii°a ~3.fz~i ~~ A ~ .~ ~-CQUfri~b~ '. t U /~~/ EElO~S ~.i~ P~C€ ~~~ (( ff t, ~, ~xh; ~, fi ManorCare 940 Walnut Bottom Rd. Carlisle, PA 17015 717-249-0085 717249-0647 Fax APRII., 7, 2011 TO WHOM IT MAY CONCERN: Y ManorCare Health Services DONALD LESHER HAS BEEN A RESIDENT HERE AT MANORCARE CARLISLE FOR SEVERAL MONTHS. IT IS BROUGHT TO MY ATTENTION THAT HE HAS BEEN A GUARDIAN FOR ANOTHER INDIVIDUAL. HE HAS ADVANCING DEMENTIA AS WELL AS OTHER MEDICAL ISSUES THAT NOW MAKE IT UNREASONABLE FOR HIM TO BE A GUARDIAN FOR SOMEONE ELSE. IN MY OPINION HE IS NOT CAPABLE OF MAKING DECISIONS IN REGARDS TO FINANCIAL ISSUES OR MEDICAL ISSUES FOR HIMSELF OR ANYONE ELSE. SINCERELY, DR. DARRYL GUISTWITE, DO. ,_ ~ ~ ~ ; COYNE & COYNE, P.C. Jaime L. High, Esquire Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, PA 1 70 1 1-4227 (717) 737-0464 IN RE: IN THE COURT OF COMMON PLEAS OF JOHN CHISAR, JR. CUMBERLAND COUNTY, PENNSYLVANIA incapacitated person ORPHANS COURT DIVISION NO. 86-240 CONSENT OF SUBSTITUTE GUARDIAN OF THE ESTATE AND THE PERSON I, CHRISTINA SAILORS, hereby consent to act as the Substitute Guardian of the Estate and the Person of JOHN CHISAR, JR. I reside at 1710 Dighton Street, Camp Hill, Pennsylvania and am retired from the Dauphin County Library System. I am a citizen of the United States of America and can speak, read and write the English language. I have no interest adverse to John Chisar, Jr., the incapacitated person. Dated: ,~ /~ ~ /~~ ~~ ~.2Q~~ ~~_~L~~ CHRISTINA SAILORS Proposed Substitute Guardian CERTIFICATE OF SERVICE I, Jaime L. High, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the foregoing Petition for Removal of Guardian was served this date upon the below-referenced individuals at the below listed address by way of certified mail, postage pre-paid: Donald G. Lesher 940 Walnut Bottom Road Carlisle, PA 17015 Debra Sounder, Power of Attorney for Donald G. Lesher 2510 Rivington Terrace Harrisburg, PA 17103 Dated: ~ ~ u r( / ~ ,/;, L ' e L. High, Esc i Attorney for Petitioner 5