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Home My WebLink About11-13-06 (2) IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF DORIS ANN POTTEIGER: CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : No. 06-601 ORPHANS' COURT ... IN RE: PETITION FOR ADJUDICATION OF INCAPACITY BEFORE OLER, J. ORDER OF COURT AND NOW, this 13th day of November, 2006, upon consideration of the Petition To Adjudicate Incapacity and Appoint a Guardian of the Person/Estate filed in the above-captioned matter, and following a hearing held on October 26, 2006, at which the presence of the allegedly incapacitated person, Doris Ann Potteiger, was excused, Ms. Potteiger was represented by her court-appointed counsel, Leslie Ann Tomeo, Esq., and Petitioners were represented by David A. Baric, Esq., the petition is granted, Doris Ann Potteiger is adjudicated an incapacitated person, and her sons Roger Keith Potteiger, 669 Lindsey Road, Carlisle, Cumberland County, Pennsylvania, 17013, and Randy Jo Potteiger, 137 Yellow Breeches Drive, Camp Hill, Cumberland County, Pennsylvania, 17011, are appointed plenary co-guardians of her person and estate. The co-guardians are directed to file reports in accordance with state law. The co-guardians shall not be required to file a bond. The allegedly incapacitated person, Doris Ann Potteiger, and her counsel are hereby advised of her right to appeal from the order entered herein to the Pennsylvania Superior Court within 30 days of the date of entry of the order, and to petition at any time for a modification or termination of the guardianships created herein. , .. \.i.J "orl Q' On ._.~. va v rJViti:i'dt"ino ll:inoO S,NV'HdOO :10 >lH310 BE: :Z Ud C, AON 900l J'!J ;:,.JI~; =1l)LLh'l r.;.r1i~' :,,....,,r\-.;, -vl-1-1',.) uji~(J\.),.....1jj8 ~1/ IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF DORIS ANN POTTEIGER: CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : No. 06-601 ORPHANS' COURT IN RE: PETITION FOR ADJUDICATION OF INCAPACITY BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., November 13,2006. At issue in the present case is whether Doris Ann Potteiger should be adjudicated an incapacitated person, and, if so, whether her sons, Roger Keith Potteiger and Randy Jo Potteiger, should be appointed plenary co-guardians of her person and estate. A hearing was held on this matter on October 26, 2006, before the undersigned judge. 1 Present at the hearing were the Petitioners, Roger Keith Potteiger and Randy Jo Potteiger, their counsel, David A. Baric, Esq., and the allegedly incapacitated person's court-appointed attorney, Leslie Ann Tomeo, Esq. The allegedly incapacitated person was not present for the hearing, pursuant to an order of the court waiving her presence based upon medical testimony in accordance with Section 55II(a) of the Probate, Estates and Fiduciaries Code, and with the consent of her counsel. Based upon the evidence presented at the hearing, the following Findings of Fact, Discussion and Order of Court are made and entered: FINDINGS OF FACT 1. The allegedly incapacitated person is Doris Ann Potteiger, an 80-year- old domiciliary of Cumberland County, Pennsylvania, who resides at Apartment 218,20 North 12th Street, Lemoyne, Cumberland County, Pennsylvania, 17013. 1 The hearing record was formally closed pursuant to a stipulation of counsel by order of court dated November 11,2006. 2. Petitioners are two of Ms. Potteiger's five sons: Roger Keith Potteiger, an adult individual who resides at 669 Lindsey Road, Carlisle, Cumberland County, Pennsylvania, and Randy Jo Potteiger, an adult individual who resides at 137 Yellow Breeches Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. The allegedly incapacitated person, Doris Ann Potteiger, suffers from atrophy of the brain, probably in the nature of Alzheimer's Disease, a condition which manifested itself about three years ago and which has unfortunately been progressive in terms of symptoms. 4. As a result of this condition, Ms. Potteiger is presently an individual whose 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 prognosis with respect to her condition is not good in the absence of advancements in medicine. 6. Ms. Potteiger has a modest income in the form of social security benefits, a federal government pension, and a state government pension; her assets total approximately $25,000.00. 7. Petitioners are persons qualified to act as co-guardians of her person and estate and wish to act in her best interest. 8. 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 20 Pa. C.S. ~~ 5501 et seq. Petitioners have substantially complied with these provisions, and based upon the foregoing Findings of Fact the following Order of Court will be entered: 2 ORDER OF COURT AND NOW, this 13th day of November, 2006, upon consideration of the Petition To Adjudicate Incapacity and Appoint a Guardian of the Person/Estate filed in the above-captioned matter, and following a hearing held on October 26, 2006, at which the presence of the allegedly incapacitated person, Doris Ann Potteiger, was excused, Ms. Potteiger was represented by her court-appointed counsel, Leslie Ann Tomeo, Esq., and Petitioners were represented by David A. Baric, Esq., the petition is granted, Doris Ann Potteiger is adjudicated an incapacitated person, and her sons Roger Keith Potteiger, 669 Lindsey Road, Carlisle, Cumberland County, Pennsylvania, 17013, and Randy Jo Potteiger, 137 Yellow Breeches Drive, Camp Hill, Cumberland County, Pennsylvania, 17011, are appointed plenary co-guardians of her person and estate. The co-guardians are directed to file reports in accordance with state law. The co-guardians shall not be required to file a bond. The allegedly incapacitated person, Doris Ann Potteiger, and her counsel are hereby advised of her right to appeal from the order entered herein to the Pennsylvania Superior Court within 30 days of the date of entry of the order, and to petition at any time for a modification or termination of the guardianships created herein. BY THE COURT, sf J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. David A. Baric, Esq. Attorney for Petitioners Leslie Ann Tomeo, Esq. Court-appointed Attorney for Doris Ann Potteiger 3 Doris Ann Potteiger 20 North 12 Street Apartment 218 Lemoyne, P A 17013 4 In Re: DORIS ANN POTTEIGER ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA NO. 21-2006-0601 CERTIFICATE OF SERVICE OF ORDER " ORDER DATE: Il113/06 JUDGE'S INITIALS: JWO TIME STAMP DATE: Il113/2006 IN RE: ORDER OF COURT """""""""""""""""""""""""""""""""""""""""""""""""""""""","',,",',' SERVICE TO: DORIS ANN POTTEIGER DAVID A. BARIC LESLIE ANN TOMEO METHOD OF MAILING: ENVELOPES PROVIDED BY: D PETITIONER I2l JUDGE D CLERK OF ORPHANS COURT t8J USPS DRRR D HAND DELIVERED D OTHER_ MAILED: 11-13-2006 """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D PETITIONER D JUDGE D CLERK OF ORPHANS COURT D USPS DRRR o HAND DELIVERED o OTHER_ MAILED: ~,~~1W