HomeMy WebLinkAbout06-08-12IN RE: IN THE COURT OF COMMON PLEAS OF
DODIE RAE STIMELING CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An Alleged Incapacitated
Person NO. 21-2012-0485 C7 ~-~
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OPINION AND ORDER OF COURT ~~,-• oo '_ ~ ~-~
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BEFORE PLACEY, C.P.J. G`- -~= _-
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June 7 , 2 012 ~" ~ "~
At issue in the present case is whether Dodie
Rae Stimeling should be adjudicated an incapacitated person
on a permanent basis, and if yes whether Eileen Heberlig
should be appointed plenary guardian of her person and
estate. A hearing was held in this matter on the 7th of
June, 2012. Dodie Rae Stimeling was present in court with
her court-appointed counsel, Grace D'Alo, Esquire, who
participated in the hearing, as did counsel for the proposed
guardian, Michael Scherer, Esquire. Based on 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 alleged incapacitated person is Dodie
Rae Stimeling, an adult individual and domiciliary of
Cumberland County, Pennsylvania, who presently resides at
82 Ridge Avenue, Carlisle, Pennsylvania, and has done so
since April 2012.
2. Petitioner is Jeffrey Stimeling, her
brother, whose address is 1917 Tahiti Place, Kissimmee,
Florida.
3. Based on the testimony of Ms. Stimeling's
local physician, Dr. Lisa Myers, she is totally impaired,
suffering from moderate mental retardation and chronic
seizures.
4. As a consequence of her condition, Dodie
Rae Stimeling's ability to receive and evaluate information
effectively and communicate decisions are 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. Dodie Rae Stimeling's estate is valued at
zero dollars and her monthly income is approximately $910
from Social Security.
6. The prognosis for Dodie Rae Stimeling is
unfavorable at the present time.
7. Dodie Rae Stimeling 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 proposed guardian, Eileen Heberlig,
whose address is 82 Ridge Avenue, Carlisle, Pennsylvania, is
appropriate to serve as guardian of Dodie Rae Stimeling'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
an incapacitated person are contained in 20 Pennsylvania
Consolidated Statutes Sections 5501 et. seq. The petitioner
has substantially complied with these provisions, and based
on the foregoing Findings of Fact the following Order of
Court will be entered:
ORDER OF COURT
AND NOW, this 7th day of June, 2012, upon
consideration of the petition of Jeffrey Stimeling to
adjudicate an incapacitated person and appoint a plenary
guardian of the person and estate of Dodie Rae Stimeling, an
adult domiciliary of Cumberland County, Pennsylvania
residing at 82 Ridge Avenue, Carlisle, Pennsylvania, and
following a hearing held on the 7th of June, 2012, at which
Dodie Rae Stimeling was present and represented by Grace
D'Alo, Esquire, and at which evidence was presented by the
Petitioner in support of the petition, and based on the
Findings of Fact contained in this accompanying opinion, the
Court finds that Dodie Rae Stimeling is an incapacitated
person. She is consequently adjudicated as such, and Eileen
Heberlig of 82 Ridge Avenue, Carlisle, Pennsylvania, is
appointed plenary guardian of her person and estate.
No bond shall be required of the guardian.
The guardian shall file on a timely basis every year with
the Court all reports and accounts required by statute and
a summary of the income she has received and expenses she
has paid on behalf of Dodie Rae Stimeling.
Dodie Rae Stimeling is hereby notified of her
right to appeal to the Pennsylvania Superior Court from the
adjudication of incapacity within 30 days of today's date,
and to petition at any time for a modification or
termination of this order.
A review hearing shall be set at the
discretion of the Court or upon application of any
interested person or their counsel after the record is
supplemented by the estate information of Jane Stimeling.
By the Court,
Thomas A. lacey C.P.J.
Wayne F. Shade, Esquire
53 West Pomfret Street
Carlisle, PA 17013
For Petitioner
Grace D'Alo, Esquire
530 treason Road
Carlisle, PA 17013
For Dodie Rae Stimeling
Michael Scherer, Esquire
19 West South Street
Carlisle, PA 17013
For Eileen Heberlig
mae
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: DODIE RAE STIMELING CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21- 12-0485
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 6/7/12
JUDGE'S INITIALS:
TIME STAMP DATE:
IN RE: OPINION AND ORDER OF COURT
SERVICE TO: Michael Scherer
METHOD OF MAILING:
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MAILED: 06/8/12
ENVELOPES PROVIDED BY:
^ PETITIONER
® JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO:
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
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MAILED:
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^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
of Orphans' Court