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HomeMy WebLinkAbout21-2005-147 IN RE: WILLIAM JUMPER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-05-147 AN ALLEGED INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF PERMANENT GUARDIAN OF PERSON AND ESTATE BEFORE OLER, J. OPINION and ORDER OF COURT OLER, 1., April 22, 2005. At issue in the present case is whether William Jumper should be adjudicated an incapacitated person on a permanent basis and, if so, whether Faith, Hope and Love Guardian Services, Inc., of 123 North 13th Street, Harrisburg, Dauphin County, Pennsylvania, should be appointed plenary guardian of his person and estate. A hearing was held in this matter on April 15, 2005. The allegedly incapacitated person was represented at the hearing by James D. Flower, Jr., Esq., court-appointed counsel. The presence of Mr. Jumper was excused by the court pursuant to 20 Pa. C.S. s5511(a)(1). F or the reasons stated in this opinion, the petition for appointment of a guardian of his person and estate will be granted, and Faith, Hope and Love Guardian Services, Inc., will be appointed plenary guardian of his person and estate. STATEMENT OF FACTS 1. The allegedly incapacitated person is William Jumper, a domiciliary of Cumberland County, Pennsylvania, born March 9, 1918, and residing at Beverly HealthCare-Camp Hill, Cumberland County, Pennsylvania, 17011, a skilled nursing facility. 2. Petitioner is Beverly HealthCare-Camp Hill. 3. The proposed guardian is Faith, Hope and Love Guardian Services, Inc., 123 North 13th Street, Harrisburg, Dauphin County, Pennsylvania, 17103. 4. Mr. Jumper suffers from a number of serious ailments, including dementia. 5. The latter condition has progressed to the point that Mr. Jumper's 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. There is no indication at the present time that the allegedly incapacitated person's condition will significantly improve. 7. The estate of the allegedly incapacitated person exceeds $200,000.00. 8. The allegedly incapacitated person is in need of a plenary guardian of his person and his estate. 9. The duration of the necessary guardianships must be considered at best indefinite and, for practical purposes, permanent. 10. Faith, Hope and Love Guardian Services, Inc., is an entity qualified to serve as guardian of the subject's person and estate under 20 Pa. C.S. 95511(f); however, because of this entity's recent inception a substantial bond, with surety, would appear to be appropriate to protect Mr. Jumper's assets. 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. 995501 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 22nd day of April, 2005, upon consideration of the petition of Beverly HealthCare-Camp Hill for appointment of a guardian of the person and estate of William Jumper, following a hearing at which the allegedly incapacitated person was represented by court-appointed counsel James D. Flower, Jr., Esq., and for the reasons stated in the accompanying opinion, William Jumper is adjudicated an incapacitated person and Faith, Hope and Love Guardian Services, Inc., of 123 North 13th Street, 2 Harrisburg, Dauphin County, Pennsylvania, 17103, IS appointed permanent plenary guardian of his person and estate. THIS appointment is conditioned upon, and shall not be effective without, the filing in this action of a bond, with corporate surety acceptable to the court, in the amount of $200,000.00, securing the proper performance of the guardian's duties and the maintenance of said bond with surety in full force and effect during the duration of the guardianship. THE guardian shall timely file with the court all reports and accounts required by statute. MR. JUMPER and his counsel are hereby notified of his right to petition at any time for a modification or termination of the guardianship provisions contained in this order. BY THE COURT, s/ 1. Wesley Oler, Jr. 1. Wesley Oler, Jr., 1. Michael B. Volk, Esq. 2933 N. Front Street Harrisburg, P A 17110 Attorney for Beverly Health Care James D. Flower, Jr., Esq. 26 West High Street Carlisle, P A 17013 Court-appointed attorney for William Jumper William Jumper c/o Beverly Health and Rehabilitation Center, Inc. 46 Erford Road 3 Camp Hill, PA 17011 Thelma Jumper 2109 Cedar Run Drive Camp Hill, PA 17011-7483 Helen Kocher 1057A Allendale Road Mechanicsburg, P A 17055 4 5 IN RE: WILLIAM JUMPER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-05-147 AN ALLEGED INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF PERMANENT GUARDIAN OF PERSON AND ESTATE BEFORE OLER, J. ORDER OF COURT AND NOW, this day of April, 2005, upon consideration of the petition of Beverly HealthCare-Camp Hill for appointment of a guardian of the person and estate of William Jumper, following a hearing at which the allegedly incapacitated person was represented by court-appointed counsel James D. Flower, Jr., Esq., and for the reasons stated in the accompanying opinion, William Jumper is adjudicated an incapacitated person and Faith, Hope and Love Guardian Services, Inc., of 123 North 13th Street, Harrisburg, Dauphin County, Pennsylvania, 17103, is appointed permanent plenary guardian of his person and estate. THIS appointment is conditioned upon, and shall not be effective without, the filing in this action of a bond, with corporate surety acceptable to the court, in the amount of $200,000.00, securing the proper performance of the guardian's duties and the maintenance of said bond with surety in full force and effect during the duration of the guardianship. THE guardian shall timely file with the court all reports and accounts required by statute. MR. JUMPER and his counsel are hereby notified of his right to petition at any time for a modification or termination of the guardianship provisions contained in this order. BY THE COURT, 1. Wesley Oler, Jr., 1. 7 Michael B. Volk, Esq. 2933 N. Front Street Harrisburg, P A 17110 Attorney for Beverly Health Care James D. Flower, Jr., Esq. 26 West High Street Carlisle, P A 17013 Court-appointed attorney for William Jumper William Jumper c/o Beverly Health and Rehabilitation Center, Inc. 46 Erford Road Camp Hill, PA 17011 Thelma Jumper 2109 Cedar Run Drive Camp Hill, PA 17011-7483 Helen Kocher 1057A Allendale Road Mechanicsburg, P A 17055