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06-15-10
IN ~: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ,~, PHILIP W. MESSINGER, :ORPHANS' COURT DIVISION `-~ An alleged incapacitated person : ~ ~ ~ A~ ~ m :177 GJ'i FINAL DECREE .= ~ ~ ~ ~ ~ _ ~~-„ AND NOW, this ~~ay of wry. , 2010, this matter having bee~}~e~alled fob' : , , -; a , a hearing, the Court finds, upon clear and convincing evidence, that Philip W. Messinger is an incapacitated person in that he suffers from a mental impairment that prevents him from receiving and evaluating information effectively and prevents him from formulating and communicating decisions to such a significant extent that he is unable to manage his financial affairs or meet essential requirements for his physical health and safety on a daily basis. The Court appoints the Cumberland County Aging and Community Services, in and for Cumberland County, Pennsylvania, as Permanent Plenary Guardians of the Person and Estate of Philip W. Messinger and Cumberland County Aging & Community Services is also authorized to obtain payment of a Guardian fee subject to a maximum of 10% of Philip W. Messinger's gross monthly income or $100.00 per month, whichever is less. J. CC: Anthony L. DeLuca, Esquire Attorney for the Cumberland County Aging and Community Services Sean Shultz, Esquire Court Appointed for Philip W. Messinger Cumberland County Aging & Community Services -~ `~ ANTHONY L. DELUCA Attorney and Counsellor at Law 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 Telephone (717) 258-6844 Fax (717) 258-3902 May 27, 2010 Elsie Klinedinist 209 E. Walnut Street Hanover, PA 17331 Re: PHILIP W. MESSINGER Dear Ms.Klinedinist: Please be advised that, as Solicitor for the Office of Aging & Community Services, in and for Cumberland County, Pennsylvania, I filed a Petition for the appointment of Permanent Plenary Guardians of the Person and Estate of Philip W. Messinger. Enclosed herein is a copy of the Petition with Preliminary Decree. The Hearing is scheduled for June 15, 2010 at 9:30 A.M. before Judge Guido at the Cumberland County Court House in Carlisle, Pennsylvania. Sean Shultz, Esquire has been appointed by the Court to represent Philip W. Messinger. If you have any questions about the procedure or wish to participate, please call attorney Sean Shultz at 717-249- 5373. Very truly yours, Anthony L. DeLuca ALD:mad Enclosures • Messinger; P, page 1 CHRISTOPHER ROYER, PSY.D. DONNA M. STRUCK, PSY.D.. LPC CLINICAL NEUROP$YCHOLOGY CLINICAL PSYCHOLQCY COUNSELING ,CONFIDENTIAL: For Professl.©naI Use Only ~`he confidentiaiity of the information container in this deocaument ~~ r a~en a sauthorized legai repTesen~at~ eof this information writhout the proper written consent of th p P or the patient's legal guardian is prohibited. PSXCgOLOGiCAL CONSULTATION Client: 1?hilip Messinger Age: 64 Birth Date: 6/15/1945 Educatioz-: Unknown E to cent: Disabled DatE of Evaluation.: 5/7/IO Refez~raL• CC4A Procedure Code: 90801 mp yn BACKGROUND TiNFORMATION ~, Messinger is referred for an evaluation of his current status, particularly as it pertai.n`s to ltis ability to make decisions in his own best interest. General Mr. Messinger is a 64-yeaz old male, ~vho is a resident at Shippensburg Health Care Center. He had some uite disoriented. IIe was able to state that he lives in a difficulty reporting his history or situation, as he was q "group home" and that "I got Diabetes." His is also able tohe ii kes math~He states that hce 1~kestto pl y t~~s walk. He states that he is able to `dead a little bit and that and basketball. Cognitive; He states that his memory is okay. He says that he cannot talk as vacll since his stroke. psychiatric/Psychalo~~ical IIe reports that his mood is good. He states "I'm bored" 3374 MARtcONS 717-767 6771 F~c 777-761 6773PA 17017 Px ~'LC ~ (~-i~ -iC Messinger, .F, page 2 Medical He was unable to sYatc ar~S' n~,edicsl history~abetes famb latoorykdysfunetion, cftQ e~-t~-~culat hypertrophy,~oses of HTN, CVA, Dementia, ,Afib, Anemia, A byperlipzd4mia, CAi3, l~'11> `<mcntAl disability ~mi5ds",~c~ ani ~d~sordcrs Fsychotropic zxt dicataons include me>dezate rttitral;e~,,rgitatlon, mild rhabdomy y , p DepalEOtc an~i ~axil. Recent nursing notes suggest that Paxil is improving belXavioral tssttcs on the unit. T:le states that he weeps okay_ Substance Use He denies any use of ciga~t'Ces or alcolao1_ Social ~e resides in a nuxsin$ home ~,viroxaxneat. He states thBato~ did Factory work. Of school, he only states that "l didn't graduate." He reports that he #tas an ,Aunt axed R~,5LXLT G~,neral, Mr. Nlesgingcr was pleasant aztd cooperative wweer hair.vHewas £ai ay alerttand aroused throughout the ~ brought to the examiner's xoorn seated in a h evaluation. Expressive speech was ttalable foz dysarfk~ ar,d. same =o ~p~ere q ~c 4u~~ ~ culty comprehe~ndin.g 4'~est1ons of more than one step or, xtezn. Thovght p aasociations Followed suit. No peice~ptual disturbances or other gross psychopathology were ,reported o£ observed. Overall, his judgment appe~'ed to be compromised. Cognitive Fvaluation Qevexvl im aired. He oftezz did net respond t'o questions clespite repetitiozt. H,e was able to Orientation. was . Y 1? state that the current month was `fie month, before may bi o dw~'clw or hear_ HeCw~ qu toe peer evbeicstivea F ie w o':d he is. He wss not able to state that day of month, day y often repeated himself nuxxterous tixz3,es despite woof reccxtt recall, his ab lity o learn at~.d z'e all a list of our anal h~~ was not stile to name the Pseside~nt• Ort a test titrords o~z' a very brief delay was sevezely impai with a scmantie cue and za~ab orris with xecogniti oz~ cue. using a Free recall strateg}~. H.e recalled one word Simple auditozy attention vvas impaired. He A ~ ri land 1 tcral ~araphasias~~ d~~"x ulty ~cotz~pre ~ t,.....1 F..,..,~cn,t-A an+~w~ l~ urac ~,~rahle fiir clv h,e Vv~a tJ3.12,b~e to and foilowing instructions. R O oe~~lb a tanund ~in or ~cc n ~ ~ pcons~.de Od o be dzz~aizzxshed.. ideatiFy abstract connectzo~ 33'14 MA~orr~ '7'17 761 X1'7'1 F,6.x 7'I 9? 61 S~TT3PA TTO71 )l•~essinger, P, page 3 ~ f~~ct/Mood l~.~fcct was mildly labile. Jr1e reported his mood to be g~crally $ood, but bored. Ike ma~o 5e1,~-deprecating marks as we were going tltrouBahr~d some~etisodes of urzsa~c behav o b such was tryi~ to toile h>rnsef oz rndicate some periods of crytz~g, ~ transfer lii,mself without assistance. .~N~arene.ss of Deficit Mx. N~essingcr has a minimal awareness of his cognitive deficits and haw they might impact his functional abilities. YNtpRESSIONS hIe appears #o have a mixed dementia (vascular and Qrez~.orbid mental rctarciatian). At the cu~e~x# time, is not ~gnsidezed #o be able to rnalce c~ctstonusardian for all matters~zz a d o~ns~ire the bc~poss Ule outcor~n.etzn. kie requires a that'd party to serve as $ terms of healttZ ar#d safety. 'Thaztk yoy~ox this: ze£erral. ,I~, I,~cEnsed Psychologist 331 MaRx1:-r S~x~t:'r • S>a~ ~O0 * ~Mp HTLL PA TTOll Fit-ION6 TI7-'I61-6171 ~ Fax 7~7-7Fs7-F'r7~ ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: Philip W. Messinger, Incapacitated Person CUMBERLAND COUNTY PENNSYLVANIA NO. 21-10-0516 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE: IN RE: Final Decree SERVICE TO: Anthony L. Deluca Cumberland County Acting & Community Services METHOD OF MAILING: ^ USPS ^ RRR ® HAND DELIVERED ^ OTHER MAILED: 6-15-10 ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT SERVICE TO: Sean Shultz Philip W. Messinger Elsie Klinedinist METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ^ PETITIONER ^ RRR ^ JUDGE ^ HAND DELIVERED ®CLERK OF ORPHANS COURT ^ OTHER MAILED: 6-15-10 ~~~~ ~t~~ Deputy Clerk of Orphans' Court