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HomeMy WebLinkAbout98-0105 OrphansIN THE MATTER OF THE PERSON AND ESTATE OF: MARY MAJOR, ANALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-98-105 IN RE: PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE BEFORE OLER, J. ORDER OF COURT AND NOW, this 5th day of March, 1998, upon consideration of the Petition for Appointment of Permanent Plenary Guardians of the Person and Estate in the above-captioned matter, and following a hearing, Mary Major is adjudicated an incapacitated person, Ann Thorek/Capital Guardianship Agency, Post office Box 1113, Camp Hill, Pennsylvania, 17001, is appointed plenary guardian of her person, and CoreStates Bank is appointed plenary guardian of her estate. The guardians are directed to file reports 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 Mary Major through this order entered in open court in her presence and in the presence of her Court-Appointed Counsel, Lindsay Dare Baird, Esquire, of her right to appeal and to petition to modify or terminate the guardianships created herein. ANTHONY L. DeLUCA, ESQUIRE 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 For the Petitioner By the Court, LINDSAY DARE BAIRD, ESQUIRE 37 S. Hanover Street Carlisle, PA 17013 For the Respondent Ann Thorek/Capital Guardianship Agency P.O. Box 1113 Camp Hill, PA 17001 CoreStates Bank P.O. Box 1071 Harrisburg, PA 17108 wcy IN THE MATTER OF THE PERSON AND ESTATE OF: MARY MAJOR, AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-98-105 IN RE: PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE BEFORE OLER, J. OPINION AND ORDER OF COURT Oler, J., March 5, 1998. At issue in the present case is whether Mary Major should be adjudicated an incapacitated person, and, if so, who should be appointed plenary guardian of her person and her estate. A hearing was held on the matter on Thursday, March 5, 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 Mary Major, a domiciliary of Cumberland County, who owns a home at 3 Broadmore Drive, Mechanicsburg, Cumberland County, Pennsylvania, and who resides at this time at the Country Meadows Living Center in Mechanicsburg, Cumberland County, Pennsylvania. 2. Ms. Major was born on December 8, 1905. 3. Petitioner is the Area Agency on Aging, County of Cumberland, which has offices at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 4. The allegedly incapacitated person, Mary Major, suffers from senile dementia (Alzheimer's type), and, as a consequence, has a cognitive disorder° 5. As a result of the aforesaid condition, Ms. Major is an adult whose ability to receive 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. 6. The aforesaid condition is apparently irreversible and progressive. 7. Based upon the aforesaid condition, the Court finds that it is necessary to establish plenary guardianships with respect to the estate and person of Mary Major. 8. In view of the absence of a contrary prognosis at this time, the duration of the guardianships required must be said to be indefinite, pending further Order of Court, and apparently permanent. 9. Ann Thorek is found to be a person qualified under 20 Pa. C.S. Section 5511(f) to serve as plenary guardian of Ms. Major's person, and CoreStates Bank is found to be an entity qualified under that provision to serve as plenary guardian of Ms. Major's estate. 10. 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 5th day of March, 1998, upon consideration of the Petition for Appointment of Permanent Plenary Guardians of the Person and Estate in the above-captioned matter, and following a hearing, Mary Major is adjudicated an incapacitated person, Ann Thorek/Capital Guardianship Agency, Post office Box 1113, Camp Hill, Pennsylvania, 17001, is appointed plenary guardian of her person, and CoreStates Bank is appointed plenary guardian of her estate. The guardians are directed to file reports 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 Mary Major through this order entered in open court in her presence and in the presence of her Court-Appointed Counsel, Lindsay Dare Baird, Esquire, of her right to appeal and to petition to modify or terminate the guardianships created herein. By the Court, /s/ J. Wesley Oler, Jr. J. ANTHONY L. DeLUCA, ESQUIRE 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 For the Petitioner LINDSAY DARE BAIRD, ESQUIRE 37 S. Hanover Street Carlisle, PA 17013 For the Respondent Ann Thorek/Capital Guardianship Agency P.O. Box 1113 Camp Hill, PA 17001 CoreStates Bank P.O. Box 1071 Harrisburg, PA 17108 wcy