Loading...
HomeMy WebLinkAbout98-0485 OrphansIN THE MATTER OF RUTH E. STRAWSER · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND CO .UNTY, PENNSYLVANIA ' ORPHANS' COURT DIVISION · NO. 21-98-485 IN RE: PETITION TO ADJUDICATE INCAPACITY AND APPOINT A GUARDIAN OF THE PERSON/ESTATE BEFORE OLER, J. ORDER OF COURT AND NOW, this 25th day of September, 1998, upon consideration of the Petition To Adjudicate Incapacity and Appoint a Guardian of the Person/Estate in the above-captioned matter, and following a hearing held on July 20, 1998, Ruth E. Strawser is adjudicated an incapacitated person, her daughter Suzanne Renno is appointed plenary guardian of her person, and her sons Donald E. Stmwser and Ronald G. Strawser are appointed plenary co- guardians of her estate. The guardians are directed to file reports in accordance with the provisions of 20 Pa. C.S. Section 5521(c) on each occasion that a report is due by statute. No bond shall be required of the guardians. NOTICE IS HEREBY PROVIDED to Ms. Strawser and her court-appointed counsel, Robert J. Mulderig, Esq., of her right to appeal and to petition to modify or terminate the guardianships created. BY THE COURT, Robert L. O'Brien, Esq. Counsel for Petitioner Robert J. Mulderig, Esq. Court-appointed Counsel for Ruth E. Strawser IN THE MATTER OF RUTH E. STRAWSER · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · ORPHANS' COURT DIVISION · NO. 21-98-485 IN RE: PETITION TO ADJUDICATE INCAPACITY AND APPOINT A GUARDIAN OF THE PERSON/ESTATE BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., September 25, 1998· At issue in the present case is whether Ruth E. Strawser should be adjudicated an incapacitated person, and, if so, who should be appointed plenary guardian of her person and her estate. A hearing was held on the matter on July 20, 1998, before the undersigned judge. Based upon the evidence presented at the hearing, the following Findings of Fact, Discussion and Order of Court are made and entered: FINDINGS~)a~FdKCT 1. The allegedly incapacitated person is Ruth E. Strawser, whose date of birth is November 29, 1919; Ms. Strawser is 78 years old and a widow. 2. Petitioner is Ruthann Stansfield, an adult individual who resides at 325 Saw Mill Road, Newville, Cumberland County, Pennsylvania, and a daughter of Ms. Strawser. 3. The allegedly incapacitated person, Ruth E. Strawser, suffers from dementia. 4. As a result of the aforesaid condition, Ms. Strawser is an adult 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 aforesaid condition has persisted for several years, and in December of 1997, when Ms. Strawser's husband died, it became necessary for her to relocate to one of her children's homes. .. 6. At this point, it cannot be said that Ms. Strawser's condition of dementia will be alleviated in the foreseeable furore. 7. Based upon the aforesaid condition, the Court finds that it is necessary to establish plenary guardianships ~,vith respect to the person and estate of Ms. Strawser. 8. In view of the absence of a more favorable prognosis of this time, the duration of the guardianships required must be said to be indefinite, pending further Order of Court, and possibly permanent. 9. Ms. Strawser's daughter Suzanne Renno, an adult individual residing at 1127 Grandview Road, Mt. Joy, Pennsylvania, is an individual qualified to be guardian of the person of Ms. Strawser under 20 Pa. C.S. Section 5511 (f). 10. Ms. Strawser's sons Donald E. Strawser, an adult individual residing at 241 Sun Park Lane, Huntingtown, Maryland, and Ronald G. Strawser, an adult individual residing at 5590 Warren Drive, Huntingtown, Maryland, are qualified individuals to serve as co- guardians of Ms. Strawser's estate under 20 Pa. C.S. Section 5511 (f). 11. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. The provisions respecting an adjudication of incapacity have been recently amended and are contained in 20 Pa. C.S. Sections 5501 et seq. Petitioner has substantially complied with these provisions, and based upon the foregoing Findings of Fact the following Order of Court will be entered: AND NOW, this 25th day of September, 1998, upon consideration of the Petition To Adjudicate Incapacity and Appoint a Guardian of the Person/Estate in the above-captioned matter, and following a hearing held on July 20, 1998, Ruth E. Strawser is adjudicated an incapacitated person, her daughter Suzanne Renno is appointed plenary guardian of her person, and her sons Donald Lee Strawser and Ronald J. Strawser are appointed plenary co- guardians of her estate. The guardians are directed to file reports in accordance with the provisions of 20 Pa. C.S. Section 5521(c) on each occasion that a report is due by statute. No bond shall be requi~'ed of the guardians. NOTICE IS HEREBY PROVIDED to Ms. Strawser and her court-appointed counsel, Robert J. Mulderig, Esq., of her right to appeal and to petition to modify or terminate the guardianships created. BY THE COURT, Robert L. O'Brien, Esq. Counsel for Petitioner Robert $. Mulderig, Esq. Court-appointed Counsel for Ruth E. Strawser ~/J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. 3