HomeMy WebLinkAbout08-13-12IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GAYLE K. DOUGLAS, NINTH JUDICIAL DISTRICT
An alleged incapacitated ORPHANS' COURT DIVISION
person NO. 21-12-0760
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OPINION AND ORDER OF COURT ~~_~ ~ ~ ~~ ~
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BEFORE THOMAS A . PLACEY, C . P . J . ~' ~,r; ~-~ ~ ~ ' ' ' ---'
Au ust 2 2012 ~' T-
At issue in the present case is wh~her Ga•. e ~~~
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K. Douglas should be adjudicated an incapacitated person on
a permanent basis and whether Cumberland County Aging and
Community Services should be appointed plenary guardian of
her person and estate. A hearing was held on this matter on
the 2nd of August, 2012. Ms. Douglas was present, along
with her court-appointed counsel, Robert Kline, Esquire, who
participated in the hearing. Based on the evidence
presented at the hearing, the following Findings of Fact are
made:
FINDINGS OF FACT
1. The alleged incapacitated person is Gayle
K. Douglas, an adult individual of Cumberland County
presently residing at 1000 Claremont Road, Carlisle,
Pennsylvania, formerly of Boiling Springs, Pennsylvania.
2. Petitioner through Pricilla Whitman is the
Cumberland County Aging and Community Service, whose office
address is 1100 Claremont Road, Carlisle, Pennsylvania.
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3. The alleged incapacitated person suffers
from severe cognitive impairment from dementia, Alzheimer's
and expressive asphasia.
4. As a consequence of her condition
Ms. Douglas'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. Ms. Douglas's estate is minimal, and her
monthly income is derived from Social Security currently at
$981 a month.
6. The prognosis for Ms. Douglas is
unfavorable at the present time.
7. Ms. Douglas is in need of a plenary
guardian of her person and estate. The duration of the
uardianship must be considered at best indefinite, and for
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practical purposes permanent.
8. The proposed guardian, Cumberland County
Aging and Community Services is appropriate to serve as
guardian of Gayle K. Douglas's person and estate, and is
qualified under the statute to do so.
g. The foregoing Findings of Fact are made
on the basis of clear and convincing evidence.
By the Court,
Thomas A. P acey C.P.J.
Anthony Deluca, Esquire
For Petitioner
Robert Kline, Esquire
For Gayle K. Douglas
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In Re: GAYLE K DOUGLAS
ORDER DATE: 8/2/12
JUDGE'S INITIALS:
TIME STAMP DATE: 8/13/12
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-12-0760
CERTIFICATE OF SERVICE OF ORDER
IN RE: OPINION AND ORDER OF COURT
SERVICE TO: ANTHONY L DELUCA
ROBERT P KLINE
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 8/14/12
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
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ep~ity
Ol~rk of Orphans' Court