HomeMy WebLinkAbout07-07-14 � IN RE: . IN THE COURT OF COMMON PLEAS OF
ESTATE OF DAVID DEMLER . CUMBERLAND COUNTY, PENNSYLVANIA
NINTH JUDICIAL DISTRICT
ORPHANS ' COURT DIVISION ��:'
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IN RE: PETITION FOR THE APPOINTMENT OF GUAR�� �
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OPINION �� �-,
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July 3 , 2 014 ` ��'
At issue in the present case is whether David
Demler should be adjudicated an incapacitated person on a
permanent basis, and, if yes, whether Brian D. Brooks, doing
business as Pennsylvania Guardianship Associates, should be
appointed as plenary guardian of her person and estate .
A hearing was held on the matter on the 3rd of
July, 2014 . Mr. Demler was not present for the hearing, his
presence having been excused by the Court pursuant to medical
testimony indicating that his appearance could be harmful to his
health. Mr. Demler' s court-appointed counsel, Austin F. Grogan„
Esquire, was present and participated in the hearing.
Based on the evidence presented at the hearing,
the following Findings of Fact and Discussion are made:
FINDINGS OF FACT
1 . The allegedly-incapacitated person is David
Demler, an adult individual and domiciliary of Cumberland County
who presently resides at Manor Care Health Services - Camp Hill,
1700 Market Street, Camp Hill, PA.
2 . Petitioner, Manor Care Health services - Camp
Hill, is also at that same address .
3 . Mr. Demler suffers from significant cognitive
impairment - dementia as stated by Dr. Eric J. Binder. As a
consequence of his condition, Mr. Demler' s ability to receive and
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evaluate information effectively and communicate decisions is
impaired to such a significant extent that he is totally unable
to manage his financial resources and totally unable to meet
essential requirements for his physical health and safety.
4 . Mr. Demler' s estate is reported as zero with
a monthly income from Social Security and a small annuity
totaling $1, 060 . 74 .
5 . The prognosis for Mr. Demler is poor at the
present time. Mr. Demler is in need of a plenary guardian of his
person and estate .
7 . The duration of the necessary guardianship
must be considered at best indefinite, and for practical purposes
permanent.
8 . The proposed guardian, Brian D. Brooks, doing
business as Pennsylvania Guardianship Associates, whose address
is 117 South West End Avenue, Lancaster, Pennsylvania, is
appropriate to serve as guardian of Mr. Demler' s person and
estate and is qualified to do so. The proposed guardian has
insurance sufficient to forgo any bond requirements .
9 . The foregoing Findings of Fact are made on
the basis of clear and convincing evidence .
DISCUSSION
The provisions respecting the adjudication of an
incapacity are contained within Title 20 Pennsylvania
Consolidated Statutes Section 5501 et . seq. The Petitioner has
substantially complied with these provisions, and based on the
foregoing Findings of Fact, the proposed Order of Court shall be
signed.
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By th
Thom . Placey C. P.J.
Benjamin J. Glatfelter, Esquire
p.p. Box 5100
Harrisburg, PA 17110-0100
For Petitioner
Austin F. Grogan, Esquire
3901 Market Street
Camp hill, PA 17011
For David Demler
Brian D. Brooks
Pennsylvania Guardianship Associates
117 South West End Avenue
Lancaster, Pennsylvania 17603
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: ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: David Demler . CUMBERLAND COUNTY
. PENNSYLVANIA
. N0.21-14-0442
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 7/3/14
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 7/7/14
��: O inion
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SERVICE TO: Austin F.Gro an 3901 Market St Cam Hll PA 17011
Ben'amin J.Glatfelter PO Box 5100 Harrisbur PA 17110-0100
Brian D.Brooks 117 S West End Ave Lancaster PA 17603
METHOD OF MAILING: ENVELOPES PROVIDED BY:
�USPS ❑PETITIONER
❑�R ❑JUDGE
❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 7/8/14
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SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑USPS ❑PETITIONER
�� ❑NDGE
❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
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i �,!�{,� � � ' (�`'�(�, !�/l�
Deputy
Clerk of Orphans' Court