HomeMy WebLinkAbout06-19-12IN RE: BRYAN K. CHRIST
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Pacey,~c~l.J. 18 June 2012
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IN THE COURT OF COMMON PLEAS OF
THE NINTH JUDICIAL DISTRICT
N0: 21-12-0533 ORPHAN'S COURT
OPINION
At issue in the present case is whether Bryan K. Christ should be adjudicated an
incapacitated person on a permanent basis, and, if yes, whether Marsha J. Christ should
be appointed plenary guardian of his person. A hearing was held in this matter on 18
June 2012. The allegedly-incapacitated person was present for the hearing. The court
appointed counsel for the alleged incapacitated person, Andrew c. Sheely, Esquire, was
prE:sent, and participated in the hearing. Based upon the evidence presented at the
hearing, the following findings of fact and discussion are made and entered:
1. The allegedly-incapacitated person is Bryan K. Christ, an adult individual and
domiciliary of Cumberland County, Pennsylvania, who presently resides at 513
Park Hills Drive, Mechanicsburg, PA 17055.
2. Petitioner is Marsha J. Christ whose address is 200 N. 67th Street, Harrisburg,
PA 17111.
3. The allegedly-incapacitated person suffers from multiple disorders including
severe developmental disability, autism and seizures.
4. As a consequence of her condition, Bryan K. Christ'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.
5. Bryan K. Christ's estate is minimal, approximately $1,000.00, and his monthly
income is approximately $1,800.00 from SSI.
6. The prognosis for Bryan K. Christ is unfavorable at the present time.
7. Bryan K. Christ is in need of a plenary guardian of her person and estate.
8. The duration of the necessary guardianship must be considered at best
indefinite, and for practical purposes permanent.
9. The proposed guardian, Marsha J. Christ, whose address is 200 N. 67t" Street,
Harrisburg, PA 17111 is appropriate to serve as guardian of Bryan K. Christ's
person and estate, and is qualified under the statute to do so. A secondary
guardian is Judy Fernandez, the sister of the proposed guardian, should the
primary become unable to fulfill her duties.
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
provisions, and based upon the foregoing findings of fact, an accompanying order of
court shall be entered granting the Petition.
Bryan K. Christ is notified that he has a right to appeal this decision to the
Pennsylvania Superior Court within thirty (30) days of the entry of the order, and he
may petition, at any time, for a modification or termination of the order
By the Court,
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Thomas A. lacey C.P.J.
Distribution List:
Christy M. Aplin, Esq.
845 Sir Thomas Court, Suite 112
Harrisburg, PA 17109
Andrew C. Sheely, Esq.
127 S. Market Street
Mechanicsburg, PA 17055
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
[n Re: BRYAN K CHRIST CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-12-0533
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 6/1
JUDGE'S INITIALS:
TIME STAMP DATE
IN RE:
AP
12
OPINION
SERVICE TO: ANDREW C SHEELY
CHRISTA M APLIN
METHOD OF MAILING:
® LISPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 6/20/12
ENVELOPES PROVIDED BY:
^ PETITIONER
® JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO:
METHOD OF MAILING:
^ LISPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
D u
le~'of Orphans' Court