Loading...
HomeMy WebLinkAbout04-07-09IN RE: RUTH C. PUTT, - An alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-09-0209 IN RE: PETITION FOR THE APPOINTMENT OF PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. Section 5511 C'7 ~ o ....~ Before OLER, J. Co x -,,. ~~ ~ ORDER OF COURT , '-?ern ~ ~' `; -,~ _~ ~ ~ -s _ :::~ i AND NOW, this 2nd day of April 2009 u~o, _ :~ x~• consideration of the Petition for the Appointment ~f-+ -" ~~~~ rn ,' Permanent Plenary Guardian of the Person and Estate Pursuant To 20 P.S. Section 5511 with respect to Ruth C. Putt, an allegedly-incapacitated person, and following a hearing, at which the allegedly-incapacitated person was not present (her presence having been excused by the Court), and at which evidence was presented by the Petitioner in support of the Petition, and based upon the foregoing Findings of Fact, the Court finds that Ruth C. Putt is an incapacitated person, she is consequently adjudicated as such, and Petitioner, Keni E. Melphis, the allegedly-incapacitated person's daughter, who resides at 430 Diehl Road, Mechanicsburg, Cumberland County, Pennsylvania, is appointed plenary guardian of her person and estate. No bond shall be required of the guardian. The guardian shall file in a timely basis with the Court all reports and accounts required by statute. ~• Ruth C. Putt is hereby notified of her right to appeal to the Pennsylvania Superior Court from the adjudication of incapacity herein within 30 days of its entry and petition at any time for a modification or termination of the order. By the Court, Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 For Petitioners mae IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH C. PUTT, ORPHANS' COURT DIVISION An alleged incapacitated person NO. 21-09-0209 IN RE: PETITION FOR THE APPOINTMENT OF PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. SECTION 5511 BEFORE OLER J. OPINION AND ORDER OF COURT Oler J., April 2, 2009. At issue in the present case is whether Ruth C. Putt should be adjudicated an incapacitated person on a permanent basis, and, if so, whether her daughter, Keni E. Melphis, a resident of Cumberland County, should be appointed plenary guardian of her person and estate. A hearing was held in this matter on April 2, 2009. The allegedly-incapacitated person was not present for the hearing, her presence having been excused by the Court pursuant to medical testimony from Herbert T. Myers, M.D., to the effect that her presence would be harmful to her health. 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 Ruth C. Putt, an adult individual and domiciliary of Cumberland County, Pennsylvania, who presently resides at the Church of God Home, Carlisle, Cumberland County, Pennsylvania. 2. Petitioner is Keni E. Melphis, an adult individual who resides at 430 Diehl Road in Mechanicsburg, Cumberland County, Pennsylvania. Ms. Melphis is the daughter of Ruth C. Putt. 3. The allegedly-incapacitated person suffers from dementia. 4. As a consequence of her condition, Ms. Putt's 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. 5. The value of Ms. Putt's estate is about $15,000. 6. The prognosis for Ms. Putt is not favorable at the present time. 7. Ms. Putt is in need of a plenary guardian of her person and estate. 8. The duration of the necessary guardianship must be considered at best indefinite, and, for practical purposes, permanent. 9. The Petitioner is an appropriate individual to serve as guardian of Ms. Putt's person and estate, and is qualified under the statute to do so. 10. 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. Sections 5501 et. seq. The 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 2nd day of April, 2009, upon consideration of the Petition for the Appointment of Permanent Plenary Guardian of the Person and Estate Pursuant To 20 P.S. Section 5511 with respect to Ruth C. Putt, an allegedly-incapacitated person, and following a hearing, at which the allegedly-incapacitated person was not present (her presence having been excused by the Court), and at which evidence was presented by the Petitioner in support of the Petition, and based upon the foregoing Findings of Fact, the Court finds that Ruth C. Putt is an incapacitated person, she is consequently adjudicated as such, and Petitioner, Keni E. Melphis, the allegedly-incapacitated person's daughter, who resides at 430 Diehl Road, Mechanicsburg, Cumberland County, Pennsylvania, is appointed plenary guardian of her person and estate. No bond shall be required of the guardian. The guardian shall file in a timely basis with the Court all reports and accounts required by statute. Ruth C. Putt is hereby notified of her right to appeal to the Pennsylvania Superior Court from the adjudication of incapacity herein within 30 days of its entry and petition at any time for a modification or termination of the order. By the Court, /s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 For Petitioner :mae ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: RUTH C. PUTT CUMBERLAND COUNTY PENNSYLVANIA NO. 21-09-0209 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 04-02-09 JUDGE'S INITIALS: JWO TIME STAMP DATE: 04-07-2009 IN RE: ORDER OF COURT AND OPINION AND ORDER SERVICE TO: ANTHONY L DELUCA ESQ METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 04/07/09 ENVELOPES PROVIDED BY: ^ PETITIONER ® JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ep ty Cle of Orphans' Court