HomeMy WebLinkAbout01-09-14 7 _ __
_
_ _
� �
IN RE: ESTATE OF SAMIR KHALIL, �`
�
��,
� � � �,,,,, � IN THE COURT OF COMMON PLEAS
� ---► `""' � � OF THE NINTH JUDICIAL DISTRICT
v .�-� � �'
� � E� �`" �' �
cc� ,�
Q � °G � � ° ORPHANS' COURT DIVISION
c� � rn ,t�,► � ,,,,�
� � � ; � � 21-2013-1207
� � � � �
�
�I�: �.P.�TITI�V=�O ADJUDICATE A PERSON INCAPACITATED AND APPOINT A
� �,,�; PLENARY GUARDIAN
OPINION
PLACEY, C.P.J., 9 JANUARY 2014
At issue in the present case is whether Samir Khalil should be adjudicated an
incapacitated person on a permanent basis and, if yes, whether Brian D. Brooks of The
Pennsylvania Guardianship Association should be appointed plenary guardian. The
-`
hearing was held in this matter on 3 January 2014. The alleged incapacitated person
was not present for the hearing, his presence having been excused by the court
pursuant to medical testimony indicating that his appearance �ould be harmful to him or
would result in additional stress that would cause him to strike out at potential "new
things". Mr. Khalil's court appointed counsel, Robert P. Kline, Esquire, was present and
participated in the hearing.
Based on the evidence presented at the hearing, the following findings of fact
and discussion are made:
1. The allegedly incapacitated person is Samir Khalil. an adult individual in
domiciliary Cumberland County Pennsylvania, who presently resides at
10058 South Mountain Road, South Mountain Pennsylvania 17261.
. �
2. Petitioner is Holy Spirit Hospital of the Sisters of Christian Gharity.
3. Mr. Khalil suffers from many afflictions including but not limited to
Alzheimer's, diabetes, hypertension, traumatic brain injury from a motor
vehicle accident, and vascular disease.
4. As a result of his condition, Mr. Khalil's ability to receive and evaluate
information effectively and communicate decisions is impaired to such an
extent that he is totally unable to manage his financial resources and
unable to meet essential requirements for his physical health and safety.
5. Mr. Khalil's estate is unknown as is his immigration status, and his annual
income is presumed to be zero.
6. The prognosis for Mr. Khalil is poor at the present time and his Doctor
states he will only continue to get worse but medications will slow the
progression.
7. Mr. Khalil is in need of a plenary guardian of his person and estate.
8. The duration of this necessary guardianship must be considered, at best,
indefinite and, for practical purposes, permanent.
9. The proposed guardian, Brian D. Brooks of The Pennsylvania
Guardianship Association whose address is 117 South West Avenue,
Lancaster, Pennsylvania, is appropriate to serve as guardian of Mr.
Khalil's person and estate and is qualified under the statute to do so.
10. The foregoing findings of fact are made on the basis of clear and
convincing evidence.
2
oiscussioN
The provisions respecting an adjudication of incapacity are contained in 20 Pa.
C.S. § 5501 et seq. The Petitioner has substantially complied with these provisions and
based on the foregoing findings of fact a court order has been entered adjudicating Mr.
Khalil an incapacitated person and appointing The Pennsylvania Guardianship
Association as the plenary guardian.
BY TH E CO
Tho a A. Placey C.P.J.
Distribution:
David DeLuce, Esq.
Robert P. Kline, Esq.
3
� : ORPHANS' COURT DNISION
., COURT OF COMMON PLEAS OF
In Re: SAMIR KHALIL : CUMBERLAND COUNTY
. PENNSYLVANIA
. N0.21-13-1207
CERTIFICATE OF SERVICE OF ORDER
.ORDER DATE: 1%9/14
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 1/9/14
IN RE: OPINION
............................................................................................................................
SERVICE TO: DA�IID DELUCE 301 MARKET ST PO BOX 109 LEMOYNE PA 17043
METHOD OF MAILING: ENVELOPES PROVIDED BY:
�USPS �PETITIONER
❑RRR ❑NDGE
❑HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑OTHER
MAILED: 1/9/14
............................................................................................................................
SERVICE TO: ROBERT P KLINE 714 BRIDGE ST PO BOX 461 NEW CUMBERLAND PA 17070
METHOD OF MAILING: ENVELOPES PROVIDED BY:
�USPS ❑PETITIONER
[]RRR ❑NDGE
❑HAND DELIVERED �CLERK OF ORPHANS COURT
❑OTHER
MAILED: 1/9/14
. �
� .
u � .
er of Orphans' Court