HomeMy WebLinkAbout09-06-11IN RE: WALTER E. KING IN THE COURT OF COMMON PLEAS OF
An Alleged Incapacitated CUMBERLAND COUNTY, PENNSYLVANIA
Person
ORPHANS' COURT DIVISION
NO. 21-11-0717
IN RE: PETITION OF GREEN RIDGE VILLAGE TO ADJUDICATE AN
INCAPACITATED PERSON AND TO APPOINT A PLENARY GUARDIAN OF
HIS PERSON AND ESTATE
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 25th day of August, 2011, upon
consideration of the Petition of Green Ridge Village To
Adjudicate an Incapacitated Person and To Appoint a Plenary
Guardian of His Person and Estate with respect to Walter E.
King, the allegedly incapacitated person, and following a
hearing at which Mr. King was not present (his presence
having been excused by the Court pursuant to medical
testimony indicating that his appearance would be
deleterious to his health) 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 Walter E. King is an incapacitated person, he is
consequently adjudicated as such, and Good News Consulting,
Inc., 140 Roosevelt Avenue, Suite 206, York, Pennsylvania,
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17401, is appointed plena~'p,;~t~arc~}~~,'.~,$f his person and
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estate . ~~' '~"J '~
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If Walter E. King qualifies for medical assistance
in a skilled nursing level of care, then Good News
Consulting, Inc., shall be compensated at the Medicaid
approved rate.
No bond shall be required of the guardian.
The guardian shall file on a timely basis with the
Court all reports and accounts required by statute.
Walter E. King is hereby notified of his 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
termination of the order.
By the Court,
Jane Adams, Esquire
For the Petitioner
Walter E. King
Green Ridge Village
210 Big Spring Road
Newville, PA 17241
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IN RE: WALTER E. KING IN THE COURT OF COMMON PLEAS OF
An Alleged Incapacitated CUMBERLAND COUNTY, PENNSYLVANIA
Person
ORPHANS' COURT DIVISION
NO. 21-11-0717
IN RE: PETITION OF GREEN RIDGE VILLAGE TO ADJUDICATE AN
INCAPACITATED PERSON AND TO APPOINT A PLENARY GUARDIAN OF
HIS PERSON AND ESTATE ,~~
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BEFORE OLER, J . !~ --7 -"
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OPINION AND ORDER OF COURT ~~? c
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OLER, J., August 25, 2011. `"''
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At issue in the present case is whether Walter E~- `''~~~
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King should be adjudicated an incapacitated person on a
permanent basis and, if so, whether Good News Consulting,
Inc., 140 Roosevelt Avenue, Suite 206, York, Pennsylvania,
17401, should be appointed plenary guardian of his person
and estate.
A hearing was held in this matter on August 25,
2011. The allegedly incapacitated person was not present
for the hearing, his presence having been excused by the
Court pursuant to medical testimony of Dr. Darryl Guistwite
to the effect that his presence at the hearing would be
deleterious to his health. Present on behalf of the
Petitioner, Green Ridge Village, was Jane Adams, Esquire.
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 Walter
E. King, an adult individual whose date of birth is August
4, 1944, and a domiciliary of Cumberland County who resides
at Green Ridge Village, 210 Big Spring Road, Newville,
Cumberland County, Pennsylvania.
2. The Petitioner is Green Ridge Village, a
personal care facility having its principle address at 210
Big Spring Road, Newville, Cumberland County, Pennsylvania,
17241.
3. The allegedly incapacitated person, Walter E.
King, suffers from depressive disorder, mild mental
retardation, hyperlipidemia, and hypertension.
4. As a consequence of his condition, Mr. King's
ability to receive and evaluate information effectively and
communicate decisions is impaired to such a significant
extent that he is totally unable to manage his financial
resources and totally unable to meet essential requirements
for his physical health and safety.
5. The value of Mr. King's estate is negligible;
his income derives from Social Security payments and SSI
payments each month.
6. The prognosis for a change in Mr. King's
condition is not favorable at this time.
7. Mr. King is in need of a plenary guardian of
his person and estate.
8. The duration of the necessary guardianship
must be considered at best indefinite and for practical
purposes permanent.
9. Good News Consulting, Inc. is an appropriate
entity to serve as guardian of Mr. King's person and estate,
and is qualified under the law to do so.
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
provisians and, based upon the foregoing findings of fact,
the following order of court will be entered.
ORDER OF COURT
AND NOW, this 25th day of August, 2011, upon
consideration of the Petition of Green Ridge Village To
Adjudicate an Incapacitated Person and To Appoint a Plenary
Guardian of His Person and Estate with respect to Walter E.
King, the allegedly incapacitated person, and following a
hearing at which Mr. King was not present (his presence
having been excused by the Court pursuant to medical
testimony indicating that his appearance would be
deleterious to his health) 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 Walter E. King is an incapacitated person, he is
consequently adjudicated as such, and Good News Consulting,
Inc., 140 Roosevelt Avenue, Suite 206, York, Pennsylvania,
17401, is appointed plenary guardian of his person and
estate.
If Walter E. King qualifies for medical assistance
in a skilled nursing level of care, then Good News
Consulting, Inc., shall be compensated at the Medicaid
approved rate.
No bond shall be required of the guardian.
The guardian shall file on a timely basis with the
Court all reports and accounts required by statute.
Walter E. King is hereby notified of his 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
termination of the order.
By the Court,
/s/ J. Wesley Oler, Jr.
J.
Jane Adams, Esquire
For the Petitioner
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Walter E. King
Green Ridge Village
210 Big Spring Road
Newville, PA 17241
In Re: WATLER E KING
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-11-0717
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE
8/25/2011
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 09/06/2011
IN RE: ORDER OF COURT
SERVICE TO: JANE ADAMS ESQUIRE
WALTER E KING
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 9/7/2011
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
Deputy
Clerk of Orphans' Court