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HomeMy WebLinkAbout97-1011 OrphansIN THE MATTER OF THE PERSON AND ESTATE OF: CHARLES M. FILE, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-97-1011 ORDER OF COURT AND NOW, this 4th day of February, 1998, upon consideration of the Petition for Appointment of a Permanent Plenary Guardian of the Person and Estate in the above-captioned matter, and following a hearing, Charles M. File is adjudicated an incapacitated person, and his son, Steven L. File, is appointed plenary guardian of the person and estate of Charles M. File, conditioned upon his filing a bond as security for the proper performance of his duties as a guardian of the estate in the amount of $75,000.00. The guardian is directed to file a report in accordance with the provisions of 20 Pa. C.S. Section 5521(c) on each occasion that a report is due by statute. Notice is hereby provided to Charles M. File through this Order entered in open court in his presence and in the presence of his Court-Appointed Counsel, Peter J. Russo, Esquire, of his right to appeal and to petition to modify or terminate the guardianships created herein. By the Court, HERSCHEL LOCK, ESQUIRE 3107 N. Front Street Harrisburg, PA 17110 For the Petitioner PETER J. RUSSO, ESQUIRE 61 W. Louther Street Carlisle, PA 17013 Court-Appointed Counsel for Charles M. File CHARLES M. FILE The Todd Home and Rehabilitation Center 1000 W. South Street Carlisle, PA 17013 wcy IN THE MATTER OF THE PERSON AND ESTATE OF: CHARLES M. FILE, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERI2d~D COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-97-1011 IN RE: PETITION FOR GUARDIANSHIP BEFORE OLER, J. OPINION and ORDER OF COURT Oler, J., February 4, 1998. At issue in the present case is whether Charles M. File should be adjudicated an incapacitated person, and, if so, who should be appointed plenary guardian of his person and his estate. A hearing was held on the matter on Wednesday, February 4, 1998, before the undersigned judge. Based upon the evidence presented at the hearing, the following Findings of Fact, Discussion and Order of Court are made and entered: FINDINGS OF FACT 1. The allegedly incapacitated person is Charles M. File, a domiciliary of Cumberland County, Pennsylvania, residing at the Todd Home, 1000 West South Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Mr. File was born on December 2, 1915. 3. Petitioner is Steven L. File, the allegedly incapacitated person's son, who resides at RR #4, Box 4320, Duncannon, Perry County, Pennsylvania, 17020. 4. The allegedly incapacitated person, Charles M. File, suffers from a condition known as alcohol induced persistent dementia. 5. As a result of the aforesaid condition, Mr. File is an adult whose ability to receive and evaluate information effectively and 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. 6. The aforesaid condition is apparently irreversible and progressive. 7. Based upon the aforesaid condition, the Court finds that it is necessary to establish a plenary guardianship with respect to the estate and person of Charles M. File. 8. In view of the absence of a contrary prognosis at this time, the duration of the guardianship required must be said to be indefinite, pending further Order of Court, and .apparently permanent~ 9. The guardianship to be established herein is necessary notwithstanding assistance which family members have provided to Mr. File. 10. Steven L. File is found to be a person qualified under 20 Pa. C.S. Section 5511(f) to serve as plenary guardian of his father's person and estate, the plenary guardianship with respect to the estate to be conditioned upon the guardian's filing of a suitable bond. 11. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting an adjudication of incapacitation have been recently amended and are contained in 20 Pa. C.S. Sections 5501 et. seq. Petitioner has substantially complied with these provisions, and based upon the foregoing Findings of Fact, the following Order of Court will be entered. ORDER OF COURT AND NOW, this 4th day of February, 1998, upon consideration of the Petition for Appointment of a Permanent Plenary Guardian of the Person and Estate in the above-captioned matter, and following a hearing, Charles M. File is adjudicated an incapacitated person, and his son, Steven L. File, is appointed plenary guardian of the person and estate of Charles M. File, conditioned upon his filing a bond as security for the proper performance of his duties as a guardian of the estate in the amount of $75,000.00. The guardian is directed to file a report in accordance with the provisions of 20 Pa. C.S. Section 5521(c) on each occasion that a report is due by statute. Notice is hereby provided to Charles M. File through this Order entered in open court in his presence and in the presence of his Court-Appointed Counsel, Peter J. Russo, Esquire, of his right to appeal and~o petition to modify or terminate the guardianships created herein. By the Court, /s/ J. Wesley Oler, Jr. Je HERSCHEL LOCK, ESQUIRE 3107 N. Front Street Harrisburg, PA 17110 For the Petitioner PETER J. RUSSO, ESQUIRE 61 W. Louther Street Carlisle, PA 17013 Court-Appointed Counsel for Charles M. File CHARLES M. FILE The Todd Home and Rehabilitation Center 1000 W. South Street Carlisle, PA 17013 wcy