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IN RE: LISA MARIE : IN THE COURT OF COMMON PLEAS OF
DEPIETRO, an alleged : CUMBERLAND COUNTY, PENNSYLVANIA
Incapacitated Person : ORPHANS’ COURT DIVISION
: No. 21-09-935 Orphans’ Court
IN RE: PETITION FOR THE APPOINTMENT OF
GUARDIAN OF THE ESTATE AND PERSON
IN ACCORDANCE WITH 20 P.S. § 5511
BEFORE OLER, J.
OPINION and ORDER OF COURT
OLER, J., May 5, 2010.
At issue in the present case is whether Lisa Marie Depietro should be
adjudicated an incapacitated person and, if so, whether her sister, Caroline
Northup, should be appointed plenary guardian of her person and estate. A hearing
was held in this matter on December 10, 2009, March 1, 2010, and April 29, 2010.
In this proceeding, the allegedly incapacitated person was represented by her
court-appointed counsel, Grace D’Alo, Esq.
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 Lisa Marie Depietro, who has
recently been homeless but is sheltered at the moment at 50 Penn Street, Carlisle,
Cumberland County, Pennsylvania.
2. Petitioner is Caroline Northup, a sister of the allegedly incapacitated
person who resides at RD #2, Box 50, Dalton, Lackawanna County, Pennsylvania.
3. The allegedly-incapacitated person has suffered for several years from
schizoaffective disorder; she also exhibits symptoms of bipolar disease.
4. As a consequence of her condition, Ms. Depietro’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 value of Ms. Depietro’s estate not significant.
6. The prognosis for Ms. Depietro must be considered guarded, given a
long history of mental instability and dependence on the assistance of others,
including her former husband.
7. Ms. Depietro is in need of a plenary guardian of her person and estate.
8. The duration of the necessary guardianship can not be predicted at this
time.
9. The Petitioner is an appropriate individual to serve as guardian of Ms.
Depietro’s person and estate, and is willing to do so.
10. 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. The Petitioner has complied with these provisions, and
based upon the foregoing Findings of Fact the following Order of Court will be
entered:
ORDER OF COURT
th
AND NOW, this 5 day of May, 2010, upon consideration of the Petition
for the Appointment of Guardian of the Estate and Person in Accordance with 20
P.S. § 5511, following a hearing held on December 10, 2009, March 1, 2010, and
April 29, 2010, and for the reasons stated in the accompanying opinion, Lisa
Marie Depietro is adjudicated an incapacitated person and her sister, Caroline
Northup, is appointed plenary guardian of her person and estate.
No bond shall be required of the guardian. The guardian shall file on a
timely basis with the court all reports and accounts required by statute.
Lisa Marie Depietro is hereby notified of her right to appeal to the
Pennsylvania Superior Court from the adjudication of incapacity herein within 30
days of its entry, and petition at any time for a modification or termination of the
order based upon a change of circumstances.
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BY THE COURT,
s/ J. Wesley Oler, Jr.
J. Wesley Oler, Jr., J.
William M. Shreve, Esq.
3618 North Sixth Street
P.O. Box 5292
Harrisburg, PA 17110
Attorney for Petitioner
Grace D’Alo, Esq.
530 Greason Road
Carlisle, PA 17013
Attorney for Lisa Marie
DePietro
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IN RE: LISA MARIE : IN THE COURT OF COMMON PLEAS OF
DEPIETRO, an alleged : CUMBERLAND COUNTY, PENNSYLVANIA
Incapacitated Person : ORPHANS’ COURT DIVISION
: No. 21-09-935 Orphans’ Court
IN RE: PETITION FOR THE APPOINTMENT OF
GUARDIAN OF THE ESTATE AND PERSON
IN ACCORDANCE WITH 20 P.S. § 5511
BEFORE OLER, J.
ORDER OF COURT
th
AND NOW, this 5 day of May, 2010, upon consideration of the Petition
for the Appointment of Guardian of the Estate and Person in Accordance with 20
P.S. § 5511, following a hearing held on December 10, 2009, March 1, 2010, and
April 29, 2010, and for the reasons stated in the accompanying opinion, Lisa marie
Depietro is adjudicated an incapacitated person and her sister, Caroline Northup, is
appointed plenary guardian of her person and estate.
No bond shall be required of the guardian. The guardian shall file on a
timely basis with the court all reports and accounts required by statute.
Lisa Marie Depietro is hereby notified of her right to appeal to the
Pennsylvania Superior Court from the adjudication of incapacity herein within 30
days of its entry, and petition at any time for a modification or termination of the
order based upon a change of circumstances.
BY THE COURT,
_________________
J. Wesley Oler, Jr., J.
William M. Shreve, Esq.
3618 North Sixth Street
P.O. Box 5292
Harrisburg, PA 17110
Attorney for Petitioner
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Grace D’Alo, Esq.
530 Greason Road
Carlisle, PA 17013
Attorney for Lisa Marie
DePietro