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HomeMy WebLinkAbout04-23-125 ~ IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS OF PERSON AND ESTATE OF: CUMBERLAND COUNTY, PENNSYLVANIA~> ORPHANS' COURT DIVISION ;~ -~~ GLADYS L . WARFEL, AN ALLEGED ~ ~ :~ ~`r . -r-7 ~-~ ~;. INCAPACITATED PERSON NO . 21-12 - 018 6 ~-v ~ ,-,.`'~ ~ - ~ f'f'i P\? _,~ ~t~~~' -n , ` ' IN RE : PETITION FOR APPOINTMENT OF == . 1 = - ~ - ~ . ~ ~ t ' V ' .,T i PERMANENT PLENARY GUARDIAN OF THE PERSON AND EST~"I'E c, `"'' `~ --,-~ BEFORE PECK, J. ORDER OF COURT AND NOW, this 16th day of April, 2012, upon consideration of the Petition for Appointment of Permanent Plenary Guardian of the Person and Estate in the above-captioned matter, and following a hearing, Gladys L. Warfel is adjudicated an incapacitated person. Neighborhood Services of Lancaster, 134 South Prince Street, Lancaster, Pennsylvania, 17603 is appointed plenary guardian of her person and of her estate. The guardians are directed to file reports in accordance with the provisions of Title 20 Pa. C.S. Section 5521(c) et. seq. on each occasion that a report is due by statute. Notice of this matter will be made in writing and through a reading of that information to Gladys L. Warfel by an individual employed by Golden Living Center - Camp Hill within 10 days of the date of this order. The aforesaid person will give her notice of her right to appeal and to petition to modify or terminate the guardianship created herein. By the Court, ~~~ Christyl e L. Peck, J. Benjamin J. Glatfelter, Esquire Kennedy, P.C. Law Offices P.O. Box 5100 Harrisburg, PA 17110-0100 For the Petitioner Grace D'Alo, Esquire 530 treason Road Carlisle, PA 17013 Court-Appointed Counsel For Alleged Incapacitated Person pcb IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS OF PERSON AND ESTATE OF: CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION GLADYS L. WARFEL, AN ALLEGED INCAPACITATED PERSON NO. 21-2012-0186 IN RE: PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIAN OF THE PERSON AND EST,~TE ~_ - BEFORE PECK, J. ~~ `~~ -_~~ _7A rte-- ~ t 1 l t' a ~" OPINION AND ORDER OF COURT ~,r;~m ~' r,,~ ~.r~x~ ~, Peck, J. , April 16, 2012 ;_,~ :~ ~ ~-- ~,~ - - _ At issue in the present case is whet~ier Glass ~- `~' ~.1 c.~ c"J ~Ti Warfel should be adjudicated an incapacitated person, and, if so, who should be appointed plenary guardian of her person and her estate. A hearing was held on this matter on Monday, April 16, 2012, before the undersigned judge. 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 Gladys L. Warfel, who resides at this time at the Golden Living Center - Camp Hill, 46 Erford Road, Camp Hill, Pennsylvania 17011. 2. Ms. Warfel was born on September 19, 1924. 3. Petitioner is Golden Living Center - Camp Hill. 4. The allegedly incapacitated person, Gladys L. Warfel, suffers from schizophrenia and vascular dementia, and as a consequence is not able to make decisions for herself in either her personal affairs or her financial responsibilities. 5. As a result of the aforesaid conditions, Ms. Warfel is an adult whose 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 unable to make decisions to meet her essential requirements for her physical health and safety. There have not been any advanced directives or durable powers of attorneys for Ms. Warfel. 6. The aforesaid conditions are apparently irreversible and progressive. 7. Based upon the aforesaid conditions, the Court finds that it is necessary to establish plenary guardianships with respect to the estate and person of Gladys L. Warfel. 8. In view of her treating physician Dr. Young's testimony that Ms. Warfel's prognosis will not get better or change over time, the duration of the guardianship required must be said to be indefinite, pending further Order of Court. 9. Neighborhood Services of Lancaster was found to be a person qualified under Title 20 Pa. C.S. Section 5511(f) to serve as plenary guardian of Ms. Warfel's person and estate. Neighborhood Services of Lancaster shall be entitled to reasonable fees for services provided to the incapacitated person in the amount of $100 per month or another amount established by the Commonwealth so long as Ms. Warfel continues to receive medical assistance benefits. If Ms. Warfel is not further entitled to medical assistance benefits, Neighborhood Services of Lancaster shall be entitled to reasonable fees for the services proposed for Ms. Warfel. These fees include a start-up fee of $300 that is to be paid by Golden Living Center - Camp Hill. 10. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting an adjudication of incapacitation and the Findings of Fact herein are made under Title 20 Pa. C.S. Section 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 16th day of April, 2012, upon consideration of the Petition for Appointment of Permanent Plenary Guardian of the Person and Estate in the above-captioned matter, and following a hearing, Gladys L. Warfel is adjudicated an incapacitated person. Neighborhood Services of Lancaster, 134 South Prince Street, Lancaster, Pennsylvania, 17603 is appointed plenary guardian of her person and of her estate. The guardians are directed to file reports in accordance with the provision of Title 20 Pa. C.S. Section 5521(c) et. seq. on each occasion that a report is due by statute. Notice of this matter will be made in writing and through a reading of that information to Gladys L. Warfel by an individual employed by Golden Living Center - Camp Hill within 10 days of the date of this order. The aforesaid person will give her notice of her right to appeal and to petition to modify or terminate the guardianship created herein. By the Court, s/ Christvlee L. Peck J. Benjamin J. Glatfelter, Esquire Kennedy, P.C. Law Offices P.O. Box 5100 Harrisburg, PA 17110-0100 For the Petitioner Grace D'Alo, Esquire 530 Greason Road Carlisle, PA 17013 Court-Appointed Counsel For Alleged Incapacitated Person pcb ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: GLADYS L WARFEL CUMBERLAND COUNTY PENNSYLVANIA NO. 21-12-0186 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 4/16/2012 JUDGE'S INITIALS: CLP TIME STAMP DATE: 04/23/2012 IN RE: ORDER OF COURT SERVICE TO: BENJAMIN J GLATFELTER GRACE D'ALO METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ~~ ~ ~ ~- 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 _, ~. T (t `1 G ;1-~~ ~1 Deputy Clerk of Orphans' Court