HomeMy WebLinkAbout02-22-12IN RE:
PAUL W. KUNKLE
An alleged incapacitated person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-12-0046
OPINION
~; :-- ~~, II~FL~ : PAUL W . KUNKLE , AN ALLEGED INCAPACITATED PERSON
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_,__ ~~-= ~ c~~~~ , At issue in this case is whether Paul W. Kunkle should
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`~~ be ~dji e{~ted an incapacitated person on a permanent basis and
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`_; ~; ~whe:~her ~~ Rutz, his niece, should be appointed plenary guardian
~~ of`Yis person and estate. A hearing was held in this matter on
February 17, 2012. The alleged incapacitated person, Mr. Kunkle,
was present and the Court did speak with him not under oath. Also
presented with Mr. Kunkle was his court-appointed counsel, Michael
Scherer, Esquire, who was present and participated in the hearing.
Based upon the evidence presented at the hearing, the
following findings of fact and order of court are made and entered:
FINDINGS OF FACT
1. The allegedly-incapacitated person is Paul W. Kunkle, an adult
individual and domiciliary of Cumberland county, Pennsylvania, who
presently resides at 700 Walnut Bottom Road, Carlisle. Prior to
October 2011, Mr. Kunkle resided in Boiling Springs for as far as
the Court can tell his entire life.
2. Petitioner is Kim Rutz whose address is 430 Hillcrest Drive,
Carlisle, PA 17015.
3. Mr. Kunkle suffers from the middle stage of Alzheimer disease
which is progres$ive in nature and the prognosis for recovery is
unfavorable .
4. As a consequ nce of his condition, Mr. Kunkle's ability to
receive, evaluat effectively communicate decisions in his life
are impaired to uch an extent that he is unable to manage his
financial resour es, meet his hygiene needs and other essential
requirements for his physical health and safety at this time.
5. Mr. Kunkle's estate consists of at least three real estate
properties, a ba k account with Member's 1st, some certificates of
deposits, and po entially a brokerage account together with
personal propert and a number of vehicles in unknown condition.
He receives a mo thly income from Social Security of $800.
6. Mr. Kunkle i~ in need of a plenary guardian of his person and
estate.
7. The duration of the guardianship at this time is at best
considered indef nite and for practical purposes permanent.
However, Mr. Kun le has been told and will be retold in this order
that he has a ri ht to appeal this decision to the Pennsylvania
Superior Court w thin 30 days and/or to petition at any time for a
modification or termination of this order.
8. The proposed guardian, Kim Rutz, is an appropriate person to
serve as guardia of Mr. Kunkle's person and estate and is
qualified under he statute to do so.
9. The foregoin findings of fact are made on the basis of clear
and convincing e idence.