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Home My WebLink About86-0240IN RE: JOHN CHI IN THE COURT OF COMMON PLEAS OF SAR, JR. CUMBERL AND COUNTY, PENN~YLVAIV~ incapacitated person __ • ORPHANS COURT DIVISION ~~ ~ ~~~-1 • O. 86-240 ~~~ -< ~~ ~ ~ cra ~ v ~~~ PETITION FOR REVIEW HEARING FOR THE REMOVA ~~ `•~' OF GUARDIAN PURSUANT TO 20 Pa.C.S.A. 5515 r''~' ~~: TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW COMES, Christina Sailors, Petitioner, by and through her attorney, Jaime 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. m r`;'Z ~-; f ~, ~,_ :' 1 C t ~-. ~ ;A ._C I _~ ~i ~~ rn c•~ ~ •. 1;~ 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) 2125 Argonne Drive Minneapolis, MN 55421 Linnea Kunicky (Cousin) Laurie Ingagliato (Cousin) George Mayton (Cousin) Karen Anderson (Cousin) Glenn Chisar (Cousin) 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 Barbara Manges (Cousin) 143 Bennett Avenue North East, MD 21901 7. Donald G. Lesher resides at Manor Care located at 940 Walnut Bottom Road in Carlisle, Pennsylvania. 8. Donald G. Lesher, has been diagnosed with advancing dementia and is unable to make decisions for himself. (See Exhibit "B" -Letter from DOCTOR). 2 9. Donald G. Lecher 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. Lecher's advancing dementia will continue to progress and his cognitive abilities will continue to deteriorate. 11. Donald G. Lecher 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 Lecher'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. 3 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. Respectfully submitted: Dated. , ~f COYNE & COYNE, P.C. i ''~ ~~ ~/ B ~ ~ ~ ~~- . ime L. High, E~cjxfire -- Pa. Supreme Ct. No. 91506 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 f~tZOYYl2y fOY P2tlt10122Y 4 IN RE. IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ESTATE OF JOHN CHISAR, JR. ORPHANS' COURT DIVISION AN ALLEGED INCOMPETENT NO. 240 ORPHANS' 1986 ORDER OF COURT AND NOW, this 22nd day of May; 1986, 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,- Kev Donald J. Thomas, Esquire Attorney for Petitioner :bg '(~~ - `. A. Hess, J. T~ COPY F~ ~YYCLQkif~ ~~ 'ILW'A~ tp~l4'F ~~E CS~<~'3 `F '~~~ gw[;.yy ~! ~• ~~ .~ Cur~b~ .l /~~1~-t~~j~ e~ox ~i~ Pace ~;g;~ // 1 1S f ~, ~~ ~; ~ .~~ ManorCare 940 Walnut Bottom. Rd. Carlisle, PA 17015 717-249-0085 717249-0647 Fax APRIL, 7, 2011 TO WHOM IT MAY CONCERN: Y anorCare Health Services DONALD- LESHER HAS BEEN A RESIDENT IRE AT MANORCARE CARLISLE FOR SEVERAL IVION'THS. 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 17011-4227 {717) 737-0464 IN RE: IN THE COURT OF COMMON PLEAS OF JOHN CHISAR, JR. CUMBERLAND COUNTY, PENNSYLVA incapacitated person : NIA • 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: /i~/~ ~~ CHRISTINA SAILORS Proposed Substitute Guardian ~ ~ ~- ~` x ~ , _, ~~_ ~ ~ . CERTIFICATE OF SERVICE 1, 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 J Dated: ~ / '~ ~;+/ ,' ,'' ~. e L. High, Esc}ti~~' Attorney for Petitioner 5 IN RE: IN THE COURT OF COMMON PLEAS OF JOHN CHISAR, JR. CUMBERLAND COUNTY, PENNSYLVANIA incapacitated person ORPHANS COURT DIVISION NO. 86-240 CITATION AND NOW, this ~l ~0~ day of n , 2011, upon petition of Christina Sailors, a citation is awarded, directed to Donald G. Lesher to show cause why he should not be removed as guardian of the Estate of John Chisar, Jr., an incapacitated person, and Christina Sailors appointed as substituted guardian together with such further relief as this Court determines to be appropriate with respect to such matters as accounting, commissions and attorney fees. A hearing on this matter shall be held in Courtroom No. 7 of the Cumberland County Courthouse, on a~ , 2011, at ~ ~ / S o'clock ~. m. Cf: Jaime L. High, Esq. For Petitioner Donald G. Lesher Respondent Debra Souder, Power of Attorney for Donald G. Lesher, For Respondent n ~~ _r..~ TC7 ~a~~!~ i~ ~~ Q~~' . ~ n ., , _~.- `.) -~ AR4 n ~~ ~.-, , ~ f'I 1 `_ J `~'~ l~_) ~? ~, , ~; - ~'; ~.. ~ v `~~ : ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: JOHN CHISAR JR CUMBERLAND COUNTY PENNSYLVANIA NO. 21-86-0240 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE: IN RE: CITATION SERVICE TO: DEBRA SOiJNDER DONALD G LESHER COYNE & COYNE METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ®PETITIONER RRR ~ JUDGE ^ HAND DELIVERED ^ CLERK OF ORPHANS COURT ^ OTHER MAILED: 6/1/11 SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT Deputy ; l Clerk of Orphans' Court r F/ ~_. IN RE: IN THE COURT OF COMMON PLEAS OF JOHN CHISAR, JR. CUMBERLAND COUNTY, PENNSYLVANIA incapacitated person . ORPHANS COURT DIVISION . NO. 86-240 FINAL DECREE AND NOW, ~~z/ day of June, 2011, upon consideration of the Petition for Review Hearing for the Removal of Guardian Pursuant to 20 Pa.C.S.A. § 5515 and after hearing held, it is hereby ORDERED and DECREED that Donald G. Lesher is removed as guardian for John Chisar, Jr., an incapacitated person. Christina Sailors is hereby appointed as substitute guardian for John Chisar, Jr. Within 12 months of the date of this decree and at least annually thereafter, the substitute guardian shall file with this Court a report that includes all information as required pursuant to 20 Pa. Cons. Stat. Ann. § 5521(c). Christina Sailors shall be reimbursed for the costs and fees she advanced in this matter. BY THE COURT: ~~ J. / Cf: Jaime L. High, Esq. For Petitioner /~/~ Debra Souder, Power of Attorney for Donald G. Lesher ~ ~~=~=' ~ , , For Respondent ~~ ~ . ~ .AJ ,., a ~.~ t, f ~ ~ . .~ l X00 ~ ~_ ,_. .. _:" ~~ _ n ~~ y ~ In Re: JOHN CHISAR JR ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-86-0240 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE: IN RE: SERVICE TO: METHOD OF MAILING: ® USPS ^ ~ ^ HAND DELIVERED ^ OTHER MAILED: 06-23-11 SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR HAND DELIVERED ^ OTHER MAILED: ~ ' ~ ~ - ~ ENVELOPES PROVIDED BY: ® PETITIONER JUDGE ^ CLERK OF ORPHANS COURT ENVELOPES PROVIDED BY: ^ PETITIONER JUDGE ^ CLERK OF ORPHANS COURT ~ ~ ~ ~' n ~nf ~~ f~1 ,. Deputy Clerk of Orphans' Court ~