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Home My WebLink About12-21-78 IN RE: ETHEL W. BRANDT IN THE COURT OF C01-ll10N PLEAS OF C1~BERLAND COUNTY, PENNSYLVfu~IA ORPHANS' COURT DIVISION NO. ORPHfu~S 1978 PETITION TO ADJUDICATE INCOMPETENCE AND TO APPOINT GUARDIAN PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE. TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Jay H. Brandt, Lee E. Brandt, Richard S. Brandt, William H. Brandt, Josephine P. Nelson, Carolyn A. Hendershott, and Janet L. Abram, be their attorneys, Garber, Fowler & Addams, respectfully represent: 1. That your petitioners are the sons and daughters, respectively, of Ethel W. Brandt, herein referred to as the "alleged incompetent". 2. That Ethel vI. Brandt is 81 years of age, a widow, domiciled at R.D. #2, Newville, (North Newton Township), Cumberland County, Pennsylvania and is presently residing in the Leader Nursing Center, Stouffer Avenue at East Brandon Drive, Chambersburg, Franklin County, Pennsylvania 17201. 3. That the names and addresses of the next of kin of the alleged incompetent who are sui juris and who would be entitled to share in her estate should she now die Intestate are as follows: Mr. Jay H. Brandt, 916 Gettysburg Pike, Mechanicsburg, Pennsylvania 17055. Mr. Lee E. Brandt, R.D. #1, Newburg, Pennsylvania 17240. !rr. Richard S. Brandt, R.D. #2, Nffivville, Pennsylvania 17241. Mr. William H. Brandt, R.D. #1, Newburg, Pennsylvania 17240. Josephine P. Nelson, 7 Bennett Avenue, Mercersburg, Pennsylvania 17236. Carolyn A. Hendershott, 217 Williamson Avenue, Greencastle, Pennsylvania 17225.' MOK iOS U'a Janet L. Abram, 1 Buchanan Street, Newville, Pennsylvania 17241. That the gross value of the alleged incompetents' Estate is approximately $ approximately $ and her income from all Sources is 4. States Veterans Administration or its Successor. of the United States, and is not receiving benefits from the United That Ethel W. Brandt was not a member of the armed services 5. That the alleged incompetent is, because of mental infirmities of old age, unable to manage her property, or is liable to dissipate it or become the victim of designing persons. 6. That the proposed Guardian of their Estate is Jay H. Brandt of 916 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania, and that the proposed Guardian is the son of the alleged incompetent. 7. That the proposed Guardian is requested to be appointed by all of the next of kin of the alleged incompetent who joined in by virtue of a Power of Attorney since January 9, 1970. this Petition and has acted for and on behalf of the alleged incompetent 8. That no other court has ever assumed jurisdiction in any proceeding to determine the competency of the alleged incompetent. 9. That the alleged incompetent has no Guardian already appointed. 10. That the written consent of the proposed Guardian to act as Guardian is attached hereto, made a part hereof and marked Exhibit "A". 11. That your petitioners pray that the bond of the Guardian be fixed at no more than the sum of $10,000.00. tcJOk t 05 f'~r,: 930 -2- ~rnEREFORE, your petitioners respectfully pray Your Honorable Court pursuant to Section 5511 of the Probate, Estates and Fiduciaries Code to issue a citation, directed to the alleged incompetent, with notice thereof to her next of kin and to such other persons as Your Honorable Court may direct, to show cause why she should not be adjudged incompetent and a guardian of her estate appointed. Respectfully submitted, GARBER, .-............----," By Jr. Attorneys for Petitioner. ,nol 105 P~!:r. 931 IN RE: ETHEL W. BRfu~DT IN THE COURT OF COMHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS" COURT DIVISION NO. ORPHANS 1978 CONSENT I, Jay H. Brandt, of 916 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania, do hereby consent and agree to act as Guardian of the Estate of Ethel W. Brandt, alleged incompetent, if so appointed by the Orphans' Court Division of the Court of Common Pleas of EXHIBIT "A" C0M110NWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: Jay H. Brandt, being duly sworn according to law, deposes and says that he is one of the petitioners above named, and that the facts set forth in the foregoing Petition are true and correct to the best of his information and belief. Sworn and subscribed before me, fe~,Je-- this 1(-1( day of r sr, 1978. <5;//79;z (' rLJl f) ,stHY Jus~~e-, ~ s--ft-"c:L () y-..3 .--tIcJ /7 .s. #yJ M./ /~II"/~ k r7c75'C/' afiOk 11,j~. f',~~t 9~J2 COM}{ONWEALTH OF PENNSYLVANIA COUNTY OF C~mERLAND SS: Lee E. Brandt, being duly sworn according to law, deposes and says that he is one of the petitioners above named, . and that the facts set forth in the foregoing Petition are true and correct to the best of his information and belief. .~ ~/;U Sworn and subscribed before me, (}ec-e"hY~~' this ~~~6 day of No~cmbcr, 1978. 6/h 9n GL,lf /J( :5~,J JL-s;-I~" /.2 .vlr,~'~ 0 7- a "Od- I 7 ~'. II"?"/ M,/ /ll'eA./li/(Ic" ~. /7c:JJL/ l,U ~'Ol! 1n~ p,lrr 'i',lf'), ..,1 f\ ..;I ....' , " ' , 'il;1 ''''' C011HONWEALTH OF PENNSYLVANIA SS: COUNTY OF Cm1BERLfu~D Richard S. Brandt, being duly sworn according to law, deposes and says that he is one of the petitioners above named, and that the facts set forth in the foregoing Petition are true and correct to the best of his information and belief. p" ~A '~1,/ S 0.. A -"L/'AnL/f Sworn and subscribed before me, .f)eu-md e-- this I~-I' day of ~rov~ffibcr, 1978. ~ ? rtI-.~ ' PI C -LrL/ . fl s-h- J;"/ Ju-~-lc <'" / j), S ;;... J 0 y-.ifJ -d d- / 7 ~5. )//4 s4-, / /IIe-wvl'/~" A;" 17.?<// ~l,'\/'Ilt' l' !Iot.. rl,";:' (~'IA il'A1..\fI\ .. ... ,\ . '. \oi~.n COl1Mom~EALTH OF PENNSYLVANIA SS: COUNTY OF Cm1BERUll~D William H. Brandt, being duly sworn according to law, deposes and says that he is one of the petitioners above named, and that the facts set forth in the foregoing Petition are true and correct to the best of his information and belief. 'i<Jd~ ~?/I~4 Sworn and subscribed before me, It Dece-hIc.i~-v this '1:-/1. day of~~vTombor., 1978 ~ 9t;(' ./-/ .tJ/~-h-.J JU-A-hce A .s.-fi./J CJ;7-3.-cJd -/ /7 c0: !-/?" .st. ,;Ve~v,.IIt!',,;.:l 1702;/'/ ~t'tJlo 1. nt.. f....'. t, '..H...:' rJl'J".,i\ '~,-f'._) (~': .?' ;';t{~ COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Josephine P. Nelson, being duly sworn according to law, deposes and says that she is one of the petitioners above named, and that the facts set forth in the foregoing Petition are true and correct to the best of her information and belief. ./(3~ ~ . t.A~ ((' Sworn and subscribed before me, J ..tJec.~ie'____ this /c /4 day of NOTy-cmb01., 1978. ft?/ ~< ,f,:E , tJ,~-h.,:/J~ ~ -.ad/d d:?-.3~ /7 s-: !Iii .5?/'-/lJew(//./~" 4:. /7.,2<;// ~ICK 105 tK16 COMlfONT..JEALTH OF PENNSYLVANIA COUNTY OF Cill1BERLAND SS: Carolyn A. Hendershott, being duly sworn according to law, deposes and says that she is one of the petitioners above named, and that the facts set forth in the foregoing Petition are true and correct to the best of her information and belief. (J~. 0 %,/,-/,$ Sworn and subscribed before me, ikce.-I??.ie_ this /0 day of NOVBmbQr, 1978. 0/1 ~.. ~ c,,1,7 . kl f S -t ivL -.L.J rcc.<:-~ iJl ~s; ~I J b Y -.3 .a",) /7 J /1,"1 rSf/ Iv tbWVI,;t" AL /~;)9/ 'v,rl' 1Ii f)t:".. ll/ir;:- (.:.~ 'I.''''' ~H"'I"\ .....; {.~ ,,' ,,,'fl." COMMONWEALTH OF PENNSYLVANIA S8 : COUNTY OF CUMBERLAND Janet L. Abram, being duly sworn according to law, deposes and says that she is one of the petitioners above named, and that the facts set forth in the foregoing Petition are true and correct to the best of her information and belief. t~ta~ Sworn and subscrbied before me, Ace-nh e____ this I? day of Novom13cr, 1978. ~/j- 7Y;('.,!Jl . tJ, >k/c~ }(__c):c:~_ / fi 5 hu:L (; f'~,3-0 ;) / 7 .s:- )/1' st,/ /i~~v/I~, h I?~$L/ 't :~ .t.;., ~ ,;.' h~. /At w 1 ,0< ,~" '~',^</!;~ IN RE: ETHEL W. BRANDT IN THE COURT OF CO~1MON PLEAS OF CU}ffiERLAND COUNTY, PENNSYLVANIA ORPHA~S' COURT DIVISION NO. t,rt,p ORPHANS 1978 PRELIMINARY ORDER OF COURT ~U:.M-~;J A.~D NOW, this;:StJii day of NuverrrDer , 1978, at 8: ~o 0' clock ~M., upon consideration of the attached Petition and on motion of Garber, Fowler & Addams, attorneys for the Petitioners, it is hereby ordered and decreed that a citation be issued, directed to Ethel W. Brandt, alleged incompetent, to show cause why she should not be adjudged incompetent and a Guardian of her Estate be apP9inted. A hearing on attached Petition will be held on~~;r ~Jd day of 197J, at 1/.' H 0' clock ~M. , prevailing in Room No. o? , at the Court House, Carlisle, Cumberland County, Pennsylvania, at which time the Petition the and citation will be returnable. Service of the within Petition, Order of Court and Citation shall be made upon the alleged incompetent, by personal service, not les s than T,Ja..r-- days prior to the date of the hearing. Inasmuch as the next of kin of the alleged incompetent are the petitioners herein, no notice of the within proceeding shall be required to be given to them. By tkt-::'-J E-.~ . '}/~ r~r'\ ~ 1J-~/ / (1" if arJOk inS rVT sas IN RE t ElftIBL 1f. aAtmlf t IN THB COURIf OF COIMOR PLUS OF t eUMBJalLAWD IOun'Y. .DBSYLVANIA : ORPHAMS. .OURIf DIVISION : RO. 686 ORPBARS' 1978 : . . CIIfAtt'IOB n COMMAD. you that laying a.ide all D~e.. aAd excu... whauoever, you De and appear in your propes:, person beforethe Honorabl. Judge. of the 80...1'1 plea. Court, arph_n.' Court Divi.ioR at a ....ion of the .aid Court there to be h.1d, for the .ounty of Cu8aber land to .how cau.e why .ite ._uld Rot be adjudqed incolapetent and a Guardian of h.r ..tate b. appointed. A bearing on the attached Petition will be held on rtiday 26~h da~ of January, 1979, at 11:00 o'clock A.M. PQevailing ti.., in Court Rooa NO.2, at the Court Rou.., Carli.le, C:ullberland County, penn.ylvania, at which ti.. the PetL~ion and citation will be returnable . service of the with'. Petition, Order of Court and Citation .hall be made upon the alleged incompetent, by per.onal aerviee, not le.. than ten days prior to the date of the hearing. IU. .ueh a. the next fI. kin of the al1...d iltCoapetent are the petitioners her.in, no notice of the within proceeding .hall be required to be given to the.. witn... 'II.Y hand and offieial .ea1 of office at earli.le, penn.ylvania thi. 21.t. day of Deceaber, 1978. ~8.~ aiehard B. Anderson Clerk of orphan.- ~oUJ:t .~.i.ion . umber land 'ounty ~ y, B . carlisle,p.nna. My 10_. ll:XJt. 1.t. )lon.J8n.1982 Il~RE : ETHEL \V. BRANDT IN THE COURT OF CO}~10N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION. NO. 686 ORPHANS 1978 FINAL ORDER OF COURT AND NOW, this~~tJ. day of January, 1978, at~o'C1oCkLM..~ upon consideration of the attached Petition and after hearing thereon, it is hereby ordered and decreed, as follows: 1. That Ethel W. Brandt be and she is hereby adjudged incompetent because of mental infirmities of old age to manage her property. 2. That Jay H. Brandt is hereby appointed Guardian of the Estate of Ethel W. Brandt. 3. That said Guardian shall file an inventory and appraisement pursuant to Section 5142 of the Probate, Estates and Fiduciaries . i Code. 4. That said Guardian ~ shall execute and file a Bond in the amount of Ten Thousand Dollars ($10,000.00) pursuant to Section 5121 of the Probate, Estates and Fiduciaries Code. 5. That said Guardian is hereby authorized to expend income and principal from the Estate of said incompetent for her care, maintenance, support, comfort and general welfare, without the necessity of Court approval, and to pay the reasonable fees and expenses of this proceeding. By the Court, )j~-~ t:= -ft'~. 1lJ0I( ins P!!'f t~40