HomeMy WebLinkAbout03-25-14 r .
IN RE: BLANCHE L. RISSER, : IN THE COURT OF COMMON PLEAS OF
an alleged incapacitated . CUMBERLAND COUNTY, PENNSYLVANIA
individual . THE NINTH JUDICIAL DISTRICT
. ORPHANS ' COURT DIVISION
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� � E � c� OPINION AND ORDER OF COURT
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At issue in the present case is whether
Blanche L. Risser should be adjudicated an incapacitated person
on a permanent basis, and if yes whether Stephen L. Risser, II,
should be appointed plenary guardian of her person and estate .
A hearing was held in this matter on the 24th of March, 2014 .
Ms . Risser was not present for the hearing, her presence having
been excused by the Court pursuant to medical testimony in the
form of a written deposition indicating that her appearance could
or would be harmful to her health, specifically that a change in
location would be frightening to her. Her court-appointed
counsel, Robert P. Kline, Esquire, was present and participated
in the hearing. 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
l . The allegedly incapacitated person is Blanche
L. Risser, an adult individual and domiciliary of Cumberland
County, Pennsylvania, who presently resides at Messiah Village,
Mechanicsburg, Pennsylvania.
2 . Petitioner is a grandson of Ms . Risser who
lives at 2237 Concord Circle in Harrisburg, Pennsylvania.
3 . Ms . Risser, who is 105 years old, is
profoundly demented and, according to the deposition of
Dr. Jennifer Weber, is suffering from end stage dementia.
4 . As a consequence of her condition
Ms . Risser� 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 . Risser' s estate is approximately
$400, 000, and her monthly income is approximately $1, 500, with
monthly outlay in bills between $8 , 800 and $9, 800 .
6 . The prognosis for Ms . Risser is poor at the
present time, and from the deposition does not appear to be
returned to a condition that will allow her to perform on her own
at any time in the near future.
7 . Ms . Risser 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 . The proposed guardian, Stephen L. Risser, II, of
Harrisburg is appropriate to serve as the guardian of Blanche L.
Risser' s person and estate and is qualified under the statute to
do so.
9 . The foregoing Findings of Fact are made on
the basis of clear and convincing evidence .
DISCUSSION
The provisions respecting an adjudication of
incapacity are contained in Title 20 of the 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 24th day of March, 2014 , upon
consideration of the petition of Stephen L. Risser, II, to
adjudicate an incapacitated person and appoint a plenary guardian
of the person and estate of Blanche L. Risser, an adult
domiciliary of Cumberland County, Pennsylvania, residing at
Messiah Village in Mechanicsburg, Pennsylvania, and following a
hearing held on this date, at which Ms . Risser was not present,
and her presence having been excused by the Court based on
medical testimony indicating her appearance could or will be
harmful to her health, and at which she was represented by
court-appointed counsel, Robert P. Kline, Esquire, and at which
evidence was presented by the Petitioner in support of the
petition, based on the Findings of Fact contained in the
accompanying opinion, the Court finds that Blanche L. Risser is
an incapacitated person. She is consequently adjudicated as
such, and Stephen L. Risser, II, is appointed plenary guardian of
her person and estate. No bond shall be required of the
guardian, however, the guardian is required to file periodically
reports with the Court as to the estate status and should do an
initial report within 90 days of this date .
e Court,
Thomas A. Placey C. P.J.
Mark T. Silliker, Esquire Robert P. Kline, Esquire
5922 Linglestown Road 714 Bridge Street
Harrsiburg, PA 17112 P.O. Box 461
For Petitioner New Cumberland, PA 17070
For Blanche Risser
:mae
: ORPHANS' COURT DNISION
. COURT OF COMMON PLEAS OF
In Re: BLANCE L RISSER . CUMBERLAND COLJNTY
. PENNSYLVANIA
. N0. 21-14-0157
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 3/24/14
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 3/25/14
IN RE: OPINION AND ORDER OF COURT
............................................................................................................................
SERVICE TO: ROBERT P KLINE 714 BRIDGE ST PO BOX 461 NEW CUMBERLAND PA 17070
MARK T SILLIKER 5922 LINGLESTOWN ROAD HARRISBURG PA 17112
METHOD OF MAILING: ENVELOPES PROVIDED BY:
� USPS ❑ PETITIONER
❑ RRR � JUDGE
❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 3/26/14
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SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑USPS ❑ PETITIONER
❑ RRR ❑JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
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