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HomeMy WebLinkAbout03-11-11,~ + , `/ ~a' +~1 IN RE: IN THE COURT OF COMMON PLEAS OF LEWIE B. ANDERSON CUMBERLAND COUNTY, PENNSYLVANIA An alleged Incapacitated ORPHANS' COURT DIVISION Person NO. 21-11-0011 IN RE: PETITION PURSUANT TO SECTION 5511 OF THE PROBATE'; ESTATES AND FIDUCIARIES CODE TO ADJUDICATE n °== ':~~ LEWIE B . ANDERSON TO BE INCAPACITATED AND TO APP~}~I~'T A -~ , ', ' , -_~- PLENARY GUARDIAN FOR HIS PERSON AND ESTATE,;=-~;-r r- r-- ~ ~-n __.. '~~ ~ .j~ Before Oler J. << ORDER OF COURT ' `' ,~ -~ AND NOW, this 9th day of March, 2011, upon `' consideration of the Petition Pursuant to Section 5511 of the Probate, Estates, and Fiduciaries Code To Adjudicate Lewie B. Anderson To Be Incapacitated and To Appoint a Plenary Guardian for His Person and Estate, and following a hearing held on this date, at which the allegedly-incapacitated person was not present due to his current physical and mental conditions, and with the Court's waiver of his presence, at which the Petitioner was represented by Elizabeth D. Snover, Esquire, at which evidence was presented by the Petitioner in support of the petition, including the testimony of the allegedly-incapacitated person's treating physician, Thomas Paul Kunkle, D.O., and based upon the Findings of Fact contained in the accompanying opinion, the Court finds that the aforesaid Lewie B. Anderson is an incapacitated person, he is consequently adjudicated as such, and his son, Daren D. Anderson, who resides at 691 South 82nd Street, Harrisburg, Dauphin County, Pennsylvania, 17111, is appointed plenary guardian of his person and estate. A bond in the amount of $120,000 shall be required of the guardian; however, the Court will entertain a petition to waive this requirement in the event that the guardian finds it difficult to obtain such a bond. Any Power of Attorney executed by Lewie B. Anderson is hereby declared null and void and shall have no legal effect. A report by the plenary guardian shall be filed with the Court as required by law. The plenary guardian is hereby authorized to make decisions on Lewie B. Anderson's behalf concerning his medical care and treatment, including his admission to nursing homes, personal care facilities, hospitals, and other healthcare providers, as well as to consent to and authorize medical treatment, and the plenary guardian herein appointed is further authorized to handle all of the assets of his estate, including the principle and interest, and to conduct his business affairs on his behalf, including the sale or transfer of any of his assets, including the sale of real property jointly owned by him at 32 Southmont Drive, Enola, East Pennsboro Township, Cumberland County, Pennsylvania, payment of his medical bills and expenses, investment of assets and all matters related thereto. The allegedly-incapacitated person is hereby notified of his right to appeal to the Pennsylvania Superior Court from the adjudication of incapacity herein within 30 days of its entry, and to petition at any time for a modification or a termination of the order. By the Court, Elizabeth D. Snover, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 For Petitioner Dwayne D. Anderson 8422 Timber Crest San Antonio, TX 78250-4406 Deborah D. Nissley 59 East Main Street Mechanicsburg, PA 17055 Diane D. Coombe 744 Trevor Drive Garner, NC 27529 Damond D. Anderson 927 W. Trindle Road, Lot 6 Mechanicsburg, PA 17055 Violet M. Anderson Golden Living Center 770 Poplar Church Road Camp Hill, PA 17011 Daren D. Anderson 691 South 82nd Street Harrisburg, PA 17111 Lewie B. Anderson Golden Living Center 770 Poplar Church Road Camp Hill, PA 17055 :mae IN RE: IN THE COURT OF COMMON PLEAS OF LEWIE B. ANDERSON CUMBERLAND COUNTY, PENNSYLVANIA An alleged Incapacitated ORPHANS' COURT DIVISION Person NO. 21-11-0011 IN RE: PETITION PURSUANT TO SECTION 5511 OF THE PROBATE ESTATES AND FIDUCIARIES CODE TO ADJUDICATE LEWIE B. ANDERSON TO BE INCAPACITATED AND TO APPOINT A PLENARY GUARDIAN FOR HIS PERSON AND ESTATE Before Oler J. OPINION AND ORDER OF COURT Oler J, March 9, 2011. At issue in the present case is whether Lewie B. Anderson should be adjudicated an incapacitated person, and, if so, whether his son, Daren D. Anderson, should be appointed plenary guardian of his person and estate. A hearing was held in this matter on March 9, 2011. The allegedly incapacitated person was not present for the hearing, his presence having been excused by the Court pursuant to testimony from his treating physician indicating that his presence would be harmful to his mental and physical health. Petitioner was represented by Elizabeth D. Snover, Esquire. 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 Lewie B. Anderson, an adult individual and domiciliary of Cumberland County, Pennsylvania, who presently resides at the Golden Living Center, 770 Popular Church Road, Camp Hill, Cumberland County, Pennsylvania. 2. Mr. Anderson is presently 81 years old, his date of birth being March 11, 1929. 3. Petitioner is Daren D. Anderson, an adult individual who resides at 691 South 82nd Street, Harrisburg, Dauphin County, Pennsylvania, 17111. 4. The allegedly-incapacitated person has the following diagnoses: Alzheimer's Disease, consequences of a lacuna infarct, and hydrocephalous. 5. As a consequence of his condition, Mr. Anderson'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. Mr. Anderson's estate consists primarily of a home in Enola, East Pennsboro Township, Pennsylvania, owned jointly with his spouse, which has a value of approximately $120,000. 7. The prognosis for Mr. Anderson's improvement at this time is not favorable. 8. Mr. Anderson is in need of a plenary guardian of his person and estate. 9. The duration of the necessary guardianships must be considered to be at best indefinite. 10. The Petitioner, Daren D. Anderson, is qualified to serve as such guardian, and has indicated his willingness to do so. Mr. Anderson is one of the allegedly-incapacitated person's children. 11. The allegedly-incapacitated person's spouse presently is his attorney in fact pursuant to a Power of Attorney executed by him; unfortunately, his spouse is no longer capable of exercising her powers under that Power of Attorney due to her own physical and mental conditions. 12. 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. Section 5501 et. seq. The Petitioner has 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 9th day of March, 2011, upon consideration of the Petition Pursuant to Section 5511 of the Probate, Estates, and Fiduciaries Code To Adjudicate Lewie B. Anderson To Be Incapacitated and To Appoint a Plenary Guardian for His Person and Estate, and following a hearing held on this date, at which the allegedly-incapacitated person was not present due to his current physical and mental conditions, and with the Court's waiver of his presence, at which the Petitioner was represented by Elizabeth D. Snover, Esquire, at which evidence was presented by the Petitioner in support of the petition, including the testimony of the allegedly-incapacitated person's treating physician, Thomas Paul Kunkle, D.O., and based upon the Findings of Fact contained in the accompanying opinion, the Court finds that the aforesaid Lewie B. Anderson is an incapacitated person, he is consequently adjudicated as such, and his son, Daren D. Anderson, who resides at 691 South 82nd Street, Harrisburg, Dauphin County, Pennsylvania, 17111, is appointed plenary guardian of his person and estate. A bond in the amount of $120,000 shall be required of the guardian; however, the Court will entertain a petition to waive this requirement in the event that the guardian finds it difficult to obtain such a bond. Any Power of Attorney executed by Lewie B. Anderson is hereby declared null and void and shall have no legal effect. A report by the plenary guardian shall be filed with the Court as required by law. The plenary guardian is hereby authorized to make decisions on Lewie B. Anderson's behalf concerning his medical care and treatment, including his admission to nursing homes, personal care facilities, hospitals, and other healthcare providers, as well as to consent to and authorize medical treatment, and the plenary guardian herein appointed is further authorized to handle all of the assets of his estate, including the principle and interest, and to conduct his business affairs on his behalf, including the sale or transfer of any of his assets, including the sale of real property jointly owned by him at 32 Southmont Drive, Enola, East Pennsboro Township, Cumberland County, Pennsylvania, payment of his medical bills and expenses, investment of assets and all matters related thereto. The allegedly-incapacitated person is hereby notified of his right to appeal to the Pennsylvania Superior Court from the adjudication of incapacity herein within 30 days of its entry, and to petition at any time for a modification or a termination of the order. By the Court, /s/ J. Wesley Oler, Jr., J. J. Wesley Oler, Jr., J. Elizabeth D. Snover, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 For Petitioner Dwayne D. Anderson 8422 Timber Crest San Antonio, TX 78250-4406 Deborah D. Nissley 59 East Main Street Mechanicsburg, PA 17055 Diane D. Coombe 744 Trevor Drive Garner, NC 27529 Damond D. Anderson 927 W. Trindle Road, Lot 6 Mechanicsburg, PA 17055 Violet M. Anderson Golden Living Center 770 Poplar Church Road Camp Hill, PA 17011 Daren D. Anderson 691 South 82nd Street Harrisburg, PA 17111 Lewie B. Anderson Golden Living Center 770 Poplar Church Road Camp Hill, PA 17055 :mae ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: Lewie B. Anderson, Alleged Incapacitated CUMBERLAND COUNTY PENNSYLVANIA NO. 21-11-001 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: JUDGE'S INITIALS: TIME STAMP DATE: 03-11- IN RE; ORDER OF COURT SERVICE TO: LEWIE B ANDERSON VIOLET M ANDERSON DAREN D ANDERSON DIANE D COOMBE ELIZABETH D SNOVER DEBORAH D NISSLEY DAMOND D ANDERSON DWAYNE D ANDERSON METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 03-11-11 SERVICE TO: METHOD OF MAILING: ^ USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: ENVELOPES PROVIDED BY: ^ PETITIONER ® JUDGE ^ CLERK OF ORPHANS COURT ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT \! ~ 1 ~ p ;~ Deputy Clerk of Orphans' Court