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Home My WebLink About04-20-15 IN RE: . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA ALEXANDER W . BRENNER, . THE NINTH JUDICIAL DISTRICT . ORPHAN' S COURT DIVISION an alleged incapacitated . person . 21-15-146 � � � c `^ � r,-i � � rn � � =�°.� � � � �4''1 :^- C'? � Cf7 �7 '� I:.. r- �^J _._.a r_-� r ... �r i:�7 d P r7 t�"i OPINION & ORDER OF COURT ` �; :"� '� � � , c-:� Before Thomas A. Placey, C. P.J. , on April 15, 2015 �� =5; � �_' -��7 •: �.. _ C'� The issue in the present case is whether �"" �- � . f--► tn c� Alexander W. Brenner should be adjudicated an incapacitated � person on a permanent basis, and if yes, should his parents, Richard L. and SuAnn Brenner be appointed plenary guardian of his person and estate, together with his brother wesley R. Brenner appointed as an alternative . A hearing was held in the matter on the 15th of April, 2015 . Alexander Brenner was present, together with his court-appointed counsel, Austin F. Gr.ogan, Esquire, who participated in the hearing. Based on the evidence presented at the hearing, the following Findings of Fact are made in advance of signing the proposed order. FINDINGS OF FACT l . The alleged incapacitated person is Alexander W. Brenner, and adult individual and domiciliary of Cumberland County, Pennsylvania, at his parerits residence, 21 West Simpson Street, Mechanicsburg. However, he currently resides at the Keystone Human Services Group Home located in Fairfax Village in Harrisburg. 2 . Petitioners are his pare�its . 3 . Mr. Brenner suffers from Autistic disorder with intellectual disability. As a consequence of this condition \ Mr. Brenner' s ability to receive, evaluate, and effectively � � ��^'^l 111111"I' T�IE�111 k , 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. 4 . Mr. Brenner' s estate is approximately $1, 600 in bonds, and his monthly ir�come ranges from about $720 to $800 in Social Security and CIT monies . 5 . The prognosis for Mr. Brenner is poor at the present time for any recovery from this disability. 6 . Mr. Brenner is in need of a plenary guardian of his person and estate . The duration and necessary guardianship must be considered at best indefinite, and for practical purposes permanent . 7 . The proposed guardians, Richard L. and SuAnn Brenner of West Simpson Street, together with substitute guardian Wesley Brenner of Geneva Drive, Mechanicsburg are appropriate to serve as guardians of Mr. Brenner' s person and estate and are qualified under the statute to do so. 8 . The foregoing Findings of Fact are made on the basis of clear and convincing evidence . DISCUSSION The provisions respecting the adjudication of an incapacitated person are contained in Title 20 of the Pennsylvania Consolidated Statutes Section 5501, et . seq. The Petitioner has substantially complied with these provisions, and based on the foregoing Findings of Fact, the proposed order appointing a plenary guardian will be entered. ,�..,��„ �, ¶,�,�� IN RE: ALEXANDER W. BRENNER . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA an alleged incapacitated . ORPHANS COURT DIVISION person • . 21-15-146 IN RE: APPOINTMENT OF PLENARY GUARDIAN ORDER OF COURT � AND NOW, this t � day of April, 2015, upon consideration of the petition of Richard L. Brenner and SuAnn Brenner to appoint a plenary guardian of the per�son and estate w�th respect to Alexander W. Brenner, and followinq hearing thereon, at which time the alleged incapacitated person was present and evidence was presented in support of the Petition, the Court appoints Richard L. Brenner and SuAnn Brenner of 21 West Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055, as plenary guardians of the person and estate of Alexander W. Brenner. In the event that Richard L. Brenner and SuAnn Brenner, or the survivor thereof, are unable to serve as Plenary Guardians for Alexander W. Brenner, Wesley R. Brenner is hereby appointed as Plenary Guardian of the person and Estate of Alexander. W. Brenner. No bond shall be required of the guardians, but the guardians shall file on a timely basis with the Court all reports and accounts required by statute. • � Alexander W. Brenner is hereby notified of his right to appeal to the Pennsylvania Superior Court from this appointment of plenary guardians within 30 days of today' s date and may tnereafter petition at any time for a modification or termination of this order. BY THE CO �_-�.,` �____.-------__ �� -------- --__ - --- -- - -- -- J. `�� -o�s ,Q - P�A��.`1 Andrew C. Sheely, Esquire Attorney for Petitioners 12.7 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Austin Grogan, Esquire Attorney for Alexander W. Brenner Cc,yne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011 2 -�,��,�-�,.,,..u.11.:.�l,�� . ORPHANS' COURT DIVISION . COURT OF COMMON PLEAS OF In Re: ALEXANDER W BRENNER . CUMBERLAND COIJNTY . PENNSYLVANIA . N0.21-15-0146 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 4/15/15 JUDGE'S INITIALS: TAP TIME STAMP DATE: 4/20/IS IN RE: OPINION&ORDER OF COURT ............................................................................................................................ SERVICE TO: ANDREW C SHEELY PO BOX 95 MECHANICSBURG PA 17�55• ALEXANDER BRENNER 21 WEST SIMPSON ST MECHANICSBURG PA 17055 RICHARD L& SUANN BRENNER 21 WEST SIMPSON ST MECHANICSBURG PA 17055 WESLEY R BRENNER 593 GENEVA DR MECHANICSBIIRG PA 17055 METHOD OF MAILING: ENVELOPES PROVIDED BY: �USPS �PETITIONER � �R ❑ JUDGE ❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED:4/20/15 ............................................................................................................................ SERVICE TO: AUSTIN F GROGAN 3901 MARKET ST CAMP HILL PA 1701 1 METHOD OF MAILING: ENVELOPES PROVIDED BY: � USPS ❑ PETITIONER �R� ❑ NDGE ❑ HAND DELIVERED � CLERK OF ORPHANS COURT ❑ OTHER MAILED: 4/20/15 / ��` Deputy Clerk o rphans' Court