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HomeMy WebLinkAbout10-26-12IN RE: JEAN B. DEISSLER, an Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-12-1014 FINAL ECREE AND NOW, this day of , 2012, based upon the evidence received at an evidentiary hearing held on October 25, 2012, and the record, including the written deposition of Wendy Schaenen, M.D., this Court finds by clear and convincing evidence that Jean B. Deissler is adjudged a totally incapacitated person. The Court finds that Jean B. Deissler suffers from dementia, a condition or disability which totally impairs her capacity to receive and evaluate information effectively and to make and communicate decisions concerning management of her financial affairs or to meet essential requirements for her physical health and safety. Accordingly, the following is hereby ORDERED AND DECREED: 1. Jeans Adams and Suzan Cartright are hereby appointed, jointly and separately, the Plenary Permanent Guardians of the PERSON of Jean B. Deissler. The Guardians of the PERSON shall file a Report on the social, medical and other relevant conditions as required by 20 Pa. C.S.A. § 5521(c)(ii) within the first twelve (12) months of their appointment and annually thereafter. t~-> "~~=* t_ __ _~ .. ~ _ ,~ `~ C7'~ ' ~ 2. Norman E. Deissler, Jr. is hereby appointed Plenary Permanent Guardian of the ESTATE of Jean B. Deissler. Bond is hereby waived inasmuch as Mr. Deissler is appointed successor trustee of certain trusts that will own the majority of the assets for the benefit of Jean B. Deissler. 3. The Guardian of the ESTATE shall file an inventory within three (3) months of this decree of the incapacitated person's real and personal property, pursuant to 20 Pa. C.S.A. ~ 5521(b). In addition, the Guardian of the ESTATE shall file a report within the first twelve (12) months of his appointment and at least annually thereafter, containing the information required in 20 Pa. C.S.A. § 5521(c)(1)(I). The Guardian of the ESTATE shall have authority to enter any safety deposit box in the name of Jean B. Deissler for the foregoing purposes. 4. The Guardians of the PERSON shall have authority and responsibility to decide where Jean B. Deissler shall live and how meals, personal care, transportation and recreation will be provided. 5. The Guardians of the PERSON shall also have the authority to authorize and consent to medical treatment and surgical procedures necessary for the well being of Jean B. Deissler. 6. The Guardians of the PERSON and the Guardian of the ESTATE shall cooperate to prepare a budget to cover the cost of providing the aforementioned services to the person of Jean B. Deissler. 7. The Guardian of the ESTATE shall have authority and responsibility to manage and use the incapacitated person's property primarily for her benefit. 2 ~, 8. Jeanie Adams and Suzan Cartright, having now been appointed Guardians of the PERSON of Jean B. Deissler, and Norman E. Deissler, Jr., having now been appointed Guardian of the ESTATE of Jean B. Deissler, and having determined it appropriate to exercise the authority granted them under 20 Pa. C.S.A. § 5604(c)(1) of the Pennsylvania Estates and Fiduciaries Code to rescind any and all durable powers of attorney that may have been heretofore executed by Jean B. Deissler, said power(s) are hereby deemed to be null and void. 9. The aforementioned judicial determinations have taken into consideration the matters required by 20 Pa. C.S.A. ~ 5512.1. The Court's findings of fact and conclusions of law have been placed on the record at the evidentiary hearing. TO: Jean B. Deissler STATEMENT OF RIGHTS YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECREE WITHIN TWENTY (20) DAYS OF ENTRY OF THE DECREE. IF YOU FAIL TO FILE EXCEPTIONS, THE DECREE WILL BECOME FINAL. IF YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE PENNSYLVANIA SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE OF ENTRY OF THE 3 ~" ORDER DENYING THE EXCEPTIONS. IN ADDITION, YOU MAY AT ANY FUTURE TIME PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP. BY THE COURT: THOMAS A~ PLACEY, JUDGE DISTRIBUTION: Todd F. Truntz, Esquire, Saidis, Sullivan & Rogers, 635 N. 12th Street, Suite 400, Lemoyne, PA, 17043 Robert P. Kline, Esquire, Kline Law Office, 714 Bridge Street, P.O. Box 461, New Cumberland, PA, 17070-0461 4 ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: JEAN B DEISSLER, AN ALLEGED INCAPACITATED PERSON CUMBERLAND COUNTY PENNSYLVANIA NO. 21-12-1014 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 10/25/ 12 JUDGE'S INITIALS: TAP TIME STAMP DATE: 10/26/12 IN RE: FINAL DECREE SERVICE TO: TODD F TRUNTZ ROBERT P KLINE METHOD OF MAILING: ® LISPS ^ RRR ^ HAND DELIVERED ^ OTHER ENVELOPES PROVIDED BY: ^ PETITIONER ® JUDGE ^ CLERK OF ORPHANS COURT MAILED: 11/1/12 SERVICE TO: TODD F TRUNTZ METHOD OF MAILING: ^ LISPS ^ RRR ^ HAND DELIVERED ® OTHER VIA EMAIL ATTACHMENT MAILED: 11/1/12 ENVELOPES PROVIDED BY: ^ PETITIONER ^ JUDGE ^ CLERK OF ORPHANS COURT ~- --. j e ty erk of Orphans' Court