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HomeMy WebLinkAbout08-30-06 IN RE: TARYN HENCH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 2 oc,l.>- S q Z. NO. 21 2004 OO~l An alleged incapacitated person IN RE- PETITION PURSUANT TO SECTION 5511 OF THE PROBAT~, ESTATES AND FIDUCIARY CODE TO ADJUDICATE TAYRN HENCH TO ..BE INCAPACITATED AND TO APPOINT JEAN BOWS AS GUARDIANdFOR HER PERSON AND HER ESTATE BEFORE OLER, J. ORDER OF COURT AND NOW, this 17th day of August, 2006, upon -,"\ l '" 1"""- "--' consideration of the Petition Pursuant to Section 5511 of the Probate, Estates and Fiduciary Code To Adjudicate Taryn Hench To Be Incapacitated and To Appoint Jean Bows As Guardian for Her Person and Her Estate, and following a hearinc held on this date at which the presence of Ms. Hench was excused, Ms. Hench was represented by her court-appointed counsel, Frederick I. Huganir, Esquire, and Petitioners were represented by David W. DeLuce, Esquire, and Elizabeth D. Snover, Esquire, the petition is granted and Taryn Hench is adjudicated an incapacitated person. Jean Bc~s, Ms. Hench's second cousin and a resident of Edgewat2r, Florida, is hereby appointed plenary, permanent guardian of her person and estate. The guardian is directed to file reports in accordance with state law. The guardian shall not be required to file a bond. The allegedly incapacitated person, Taryn Hench, and her counsel are hereby advised of her right to appeal from the order entered herein to the Pennsylvania Superior Court within 30 days of the date of entry of the order and also to petition at any time for a modification or termination of the guardianships created herein. BY THE COURT, J. David W. DeLuce, Esquire Elizabeth D. Snover, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Petitioners Holy Spirit Hospital and Jean Bows Frederick I. Huganir, Esquire P.O. Box 308 Carlisle, PA 17013 Court-appointed Attorney for Taryn Hench :mlc IN RE: TARYN HENCH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION -2.1. 2~ - 5t:1l. NO. 21 2004 00J1 An alleged incapacitated person IN RE: PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE TAYRN HENCH TO BE INCAPACITATED AND TO APPOINT JEAN BOWS AS GUARDIAN FOR HER PERSON AND HER ESTATE BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., August 17, 2006. At issue in the present case lS whether Taryn Hench should be adjudicated an incapacitated person, and, if so, whether her second cousin, Jean Bows, should be appointed plenary guardian of her person and estate. A hearing was held on this matter on Thursday, August 17, 2006, before the undersigned judge. Present at the hearing on behalf of the Petitioners, Holy Spirit Hospital and Jean Bows, were their counsel in the persons of David W. DeLuce, Esquire, and Elizabeth D. Snover, Esquire. The allegedly incapacitated person was not present for the hearing, pursuant to an Order of the Court waiving her presence based upon medical testimony in accordance with the Mental Health Procedures Act. Her court-appointed counsel, Frederick I. Huganir, Esquire, was present and participated in the hearing. Based upon the evidence presented at the The allegedly incapacitated person has a long history of mental illness and residencies in mental health 'institutions dating back at least ten years. 6. As a result of the aforesaid condition, the allegedly incapacitated person, Taryn Hench, is an individual whose ability to recelve 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. 7. The prognosis with respect to her condition is unclear at this time but not entirely hopeless. 8. Based upon the aforesaid condition, the Court finds that it is necessary to establish plenary guardianships with respect to the estate and person of Ms. Hench. 9. In the absence of a more definite progno~is at this time, the duration of the guardianships required must be said to be indefinite. 10. The aforesaid Jean Bows lS a person qualified to act as guardian of Ms. Hench's person and estate 11. 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. Section 5501 et seq. Petitioners have substantially complied with these provisions, and based upon the foregoing Findings of Fact the following Order of Court will be entered: ORDER OF COURT AID NOW, this 17th day of August, 2006, upon consideration of the Petition Pursuant to Section 5511 of the Prcbate, Estates and Fiduciary Code To Adjudicate Taryn Hench To Be Incapacitated and To Appoint Jean Bows As Guardian for Her Person and Her Estate, and following a hearing held on this date at which the presence of Ms. Hench was excused, Ms. Hench was represented by her court-appointed counsel, Frederick I. Huganir, Esquire, and Petitioners were represented by David W. DeLuce, Esquire, and Elizabeth D. Snover, Esquire, the petition is granted and Taryn Hench is adjudicated an incapacitated person. Jean Bows, Ms. Hench's second cousin and a resident of Edgewater, Florida, is hereby appointed plenary, permanent guardian of her person and estate. The guardian is directed to file reports in accordance with state law. The guardian shall not be required to file a bond. The allegedly incapacitated person, Taryn Hench, and her counsel are hereby advised of her right to appeal from the order entered herein to the Pennsylvania Superior Court within 30 days of the date of entry of the order and also to petition at any time for a modification or termination of the guardianships created herein. BY THE COURT, /s/ J. Wesley Oler, Jr., J. Wesley Oler, Jr., J. David W. DeLuce, Esquire Elizabeth D. Snover, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Petitioners Holy Spirit Hospital and Jean Bows Frederick I. Huganir, Esquire P.O. Box 308 Carlisle, PA 17013 Court-appointed Attorney for Taryn Hench :mlc In Re: TARYN HENCH AN ALLEGED INCAP ACIT A TED PERSON ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-04-0831 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 08-17-06 JUDGE'S INITIALS: JWO TIME STAMP DATE: 08-30-06 IN RE: ORDER OF COURT- OPINION AND ORDER """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: FREDERICK HUGANIR DA VID DELUCE/ELIZABETH SNOVER METHOD OF MAILING: ENVELOPES PROVIDED BY: i:8J USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER i:8J JUDGE D CLERK OF ORPHANS COURT MAILED: 08/31/06 """"""""""""""""""""""""""""""""'"".""""""""",..,\"."""""""""""""" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: