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HomeMy WebLinkAbout96-219 OrphansIN THE MATTER OF : HELEN ORPHA CHESS, an : alleged incapacitated person : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-219-1996 IN RE: PETITION FOR GUARDIANSHIP OF ESTATE BEFORE OLER, J. ORDER OF COURT . AND NOW, this 23rd day of December, 1996, upon consideration of the Petition for Appointment of Guardian in the above-captioned matter, and following a hearing conducted at the Chapel Pointe Home in carlisle, Cumberland County, Pennsylvania, at which hearing the allegedly incapacitated person, Helen Orpha Chess, was present and represented by her court-appointed counsel, Carol J. Lindsay, Esquire, Ms. Chess is adjudicated an incapacitated person with respect to her estate, and Financial Trust Services Company, located at 1 West High Street, Post Office Box 220, Carlisle, Pennsylvania, or any successor in interest thereto, is appointed plenary guardian of her estate. The guardian is directed to file reports.in accordance with the provisions of 20 Pa. C.S. Section 5521(c). No bond shall be required of the guardian. The status of attorney-in-fact of Ray R. Brennen, Esquire, on behalf of Ms. Chess is hereby terminated. Notice is hereby provided to Helen Orpha Chess of her right to appeal and to petition to modify or terminate the guardianship of her estate. ALVIN H. BLITZ, ESQUIRE For the Petitioner CAROL J. LINDSAY, ESQUIRE For Ms. Chess Ray R. Brennen, Esquire Chapel Pointe Home Financial Trust Services Company wcy By the Court. J~¢esley Ole~r., J"U IN THE MATTER OF : HELEN ORPHA CHESS, an : alleged incapacitated person : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-219-1996 IN RE: PETITION FOR GUARDIANSHIP OF ESTATE BEFORE OLER, J. OPINION AND ORDER OF COURT OLER, J., December 23, 1996. At issue in the present case is whether Helen Orpha Chess should be adjudicated an incapacitated person, and if so whether Financial Trust Services Company, located at 1 West High Street, Post office Box 220, Carlisle, Pennsylvania, should be appointed plenary guardian of her estate. A hearing was held on the matter 6n Monday, December 23, 1996, before the undersigned judge at Chapel Pointe Home, where the allegedly incapacitated person resides, in Carlisle, Cumberland County, Pennsylvania. 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 Helen Orpha Chess, a domiciliary of Cumberland County, Pennsylvania, residing at Chapel Pointe Home, 770 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Ms. Chess was born on October 3, 1895, and is 101 years old. 3. Petitioner is Ray R. Brennen, Esquire, who resides at 2643 Hamilton Boulevard, Allentown, Lehigh County, Pennsylvania. Mr. Brennen presently serves as attorney-in-fact for Ms. Chess, but finds himself unable for health reasons to continue to serve in that capacity. 4. The allegedly incapacitated person, Helen Orpha Chess, suffers from general cerebral arteriosclerosis. 5. As a result of this condition, Ms. Chess 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. 6.'. The aforesaid condition is apparently of a permanent nature. 7. Based upon the aforesaid condition, the Court finds that it is necessary to establish a plenary guardianship with respect to the estate of Ms. Chess. 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 the assistance which Mr. Brennen has provided to Ms. Chess over a period of many years. 10. Financial Trust Services Company is found to be an organization qualified under 20 Pa. C.S. Section 5511(f) to serve as plenary guardian of Ms. Chess's estate. 11. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting an adjudication of incompetency have been recently amended and are contained in 20 Pa. C.S. Sections 5501 et. seq. Petitioner appears to have fully 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 23rd day of December, 1996, upon consideration of the Petition for Appointment of Guardian in the above-captioned matter, and following a hearing conducted at the Chapel Pointe Home in Carlisle, Cumberland County, Pennsylvania, at which hearing the allegedly incapacitated person, Helen Orpha Chess, was present and represented by her court-appointed counsel, Carol J. Lindsay, Esquire, Ms. Chess is adjudicated an incapacitated person with respect to her estate, and Financial Trust Services Company, located at 1 West High Street, Post Office Box 220, Carlisle, Pennsylvania, or any successor in interest thereto, is appointed plenary guardian of her estate. The guardian is directed to file reports in accordance with the provisions of 20 Pa. C.S. Section 5521(c). No bond shall be required of the guardian. The status of attorney-in-fact of Ray R. Brennen, Esquire, on behalf of Ms. Chess is hereby terminated. Notice is hereby provided to Helen Orpha Chess of her right to appeal and to petition to modify or terminate the guardianship of her estate. ALVIN H. BLITZ, ESQUIRE For the Petitioner CAROL J. LINDSAY, ESQUIRE For Ms. Chess Ray R. Brennen, Esquire. Chapel Pointe Home Financial Trust Services Company wcy By the Court, /s/ J. Wesley Oler, Jr. Je