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HomeMy WebLinkAbout11-01-12IN RE: JEAN B. DEISSLER, IN THE COURT OF COMMON PLEAS OF An Alleged Incapacitated Person CUMBERLAND COUNTY, ENNSYLVNIA ORPHANS' COURT DIVI ~:;; __~ ,~~~ NO. 21-12-1014 ''~.'~' ~"=r; ~`~ ~-_.. - .,a... C -1; '~ IN RE : PETITION FOR APPOINTMENT OF GUARDIP~~f _ ~ _' /~''~ ; k i OPINION © ~~~, `"' - ,-~, -~ __., .. ~--- rn At issue in the present case is whether J~'an B . -+=` `~ c~ Deissler should be adjudicated an incapacitated person on a permanent basis and, if yes, whether Jean Adams and Suzan Cartright should be appointed plenary guardians of her person and Norman E. Deissler, Jr., should be appointed plenary guardian of her estate. A hearing was held on this issue on the 25th October 2012. Jean B. Deissler was present throughout most of the hearing either via advanced communication technology or when that failed via telephone. Her court-appointed counsel, Robert P. Kline, Esquire, was present throughout and participated in the hearing and met with Mrs. Deissler on at least two occasions utilizing advanced communication technology. Based upon the evidence presented at the hearing, the following findings of fact and discussion are made in advance of signing the prepared final decree: 1. The allegedly incapacitated person is Jean B. Deissler, an adult individual of Hampden Township, Cumberland County who currently resides at Sherwood Oaks Center in Cranberry Township, Pennsylvania. 2. Petitioners are Suzan Cartright of Pittsburgh and Jean Adams of Greensburg and Norman E. Deissler, Jr., of Camp Hill. 3. Mrs. Deissler suffers from significant to severe dementia. 4. As a consequence of her condition, Mrs. Deissler'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. The bulk of Mrs. Deissler's estate comes from two trusts to which she is the beneficiary. The trusts are the Norman E. Deissler trust and the Jean B. Deissler trust whose income is currently sufficient to meet her approximately $6,900 a month bill. 6. The prognosis for Mrs. Deissler is poor and unfavorable at the present time. 7. Mrs. Deissler is in need of a plenary guardian of both her person and estate. 8. The duration of the guardianship must be considered at best indefinite and for practical purposes permanent. 9. The proposed guardians of her person and estate being her children are qualified under the statute to do so. 10. The forgoing Findings of Fact are made on the basis of clear and convincing evidence. T1TC(''TTCCT(1T~T The provisions respecting and adjudication of incapacity are contained in 20 Pa. C.S. § 5501 et sec. The Petitioners have substantially complied with these provisions. And based upon the foregoing Findings of Fact, the proposed final decree will be signed by the Court. B --e~.~t ,- __.___.~ Thomas ace Thomas Lacey, C.P.J. ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: JEAN B DEISSLER CUMBERLAND COUNTY PENNSYLVANIA NO. 21-12-1014 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: JUDGE'S INITIALS: T TIME STAMP DATE: 11-1-12 IN RE: OPINION SERVICE TO: ROBERT P KLINE TODD F TRUNTZ METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 11/1/12 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 G-' ~~~ e y le of Orphans' Court