HomeMy WebLinkAbout96-00994
...
IN THE MATTER OF THE PERSON
AND ESTATE OF:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
MICHAEL DENNIS SWARTZ,
an alleged incapacitated
person
No. 21-96-994
IN RE: PETITION FOR GUARDIANSHIP
ORDER OF COURT
AND NOW, this 13th day of February, 1997, upon
consideration of the Petition for Appointment of Plenary
Guardian of Person and Estate, and following a hearing, Michael
Dennis Swartz is adjudicated an incapacitated person, and his
mother, Elaine Mehall Swartz Laird, and his stepfather, J. Ira
Laird, Jr., are appointed plenary co-guardians of his person and
his estate. The guardians are directed to file reports in
accordance with provisions of 20 Pa, C.S. Section 5521(c). No
bond shall be required of the guardians.
Notice is hereby provided to Michael Dennis
Swartz of his right to appeal and to petition to modify or
terminate the guardianship.
By the Court,
J
REBECCA HUGHES, ESQUIRE
For the Petitioners
MICHAEL DENNIS SWARTZ
Keystone Residency
111 Silver Spring Road
Mechanicsburg, PA 17055
wcy
~,
v
IN THE MATTER OF THE PERSON
AND ESTATE OF:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL DENNIS SWARTZ,
an alleged incapacitated
person
: ORPHANS' COURT DIVISION
No. 21-96-994
IN RE: PETITION FOR GUARDIANSHIP
BEFORE OLER. J.
OPINION AND ORDER OF COURT
OLER, J., February 13, 1997.
At issue in the present case is whether Michael
Dennis Swartz should be adjudicated an incapacitated person,
and, if so, whether Petitioners, who are his mother and
stepfather, should be appointed plenary co-guardians of his
person and his estate. A hearing was held on the matter on
Thursday, February 13, 1997 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 OF FACT
1. The allegedly incapacitated person is Michael
Dennis swartz, a domiciliary of Cumberland county, Pennsylvania,
residing at Keystone Residency, 111 silver spring Road,
Mechanicsburg, Cumberland county, pennsylvania.
2. Mr, Swartz was born on February B, 1964.
3. Petitioners are Elaine Mehall Swartz Laird
and J. Ira Laird, Jr., the mother and stepfather of Michael
.
Dennis Swartz, who reside at 35 Country Club Road, carlisle,
Cumberland county, Pennsylvania.
4. The allegedly incapacitated person, Michael
Dennis swartz, has a condition described as neurological
degenerative disease, with the effect of profound mental
retardation; he has a mental age of approximately two years and
seven months.
5. As a result of the aforesaid condition, the
allegedly incapacitated person is an adult whose ability to
receive and 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.
6. The aforesaid condition is apparently of an
indefinite nature.
7. Based upon the aforesaid condition, the Court
finds that it is necessary to establish a plenary guardianship
with respect to the estate and person of Michael Dennis Swartz.
B. In view of the absence of a contrary
prognosis at this time, the duration of the guardianship
required must be said to be indefinite, pending further order of
court, and apparently permanent.
9. The guardianship to be established herein is
necessary notwithstanding the personal assistance which the
petitioners have provided.
10. Petitioners are individuals qualified under
20 Pa. C.S. section 5511(f) to serve as plenary guardians of the
person and estate of Michael Dennis Swartz.
11. The foregoing Findings of Fact are made on
the basis of clear and convincing evidence.
DISCUSSION
The provisions respecting adjudication of
incompetency have been recently amended and are contained in 20
Pa, C.S. sections 5501 et. sea. Petitioners have fully complied
with these provisions, and based upon the foregoing Findings of
Fact, the following Order of Court will be entered.
ORDER OF COURT
AND NOW, this 13th day of February, 1997, upon
consideration of the Petition for Appointment of Plenary
Guardian of Person and Estate, and following a hearing, Michael
Dennis Swartz is adjudicated an incapacitated person, and his
mother, Elaine Mehall Swartz Laird, and his stepfather, J. Ira
Laird, Jr., are appointed plenary co-guardians of his person and
his estate. The guardians are directed to file reports in
accordance with provisions of 20 Pa. C.S. section 5521(C). No
bond shall be required of the guardians.
Notice is hereby provided to Michael Dennis
Swartz of his right to appeal and to petition to modify or
terminate the guardianship.
: IN TilE COURT OF COMMON I'I.EAS OF
: CUMBERI.AND COUNTY, PENNSYIYANIA
IN THE MATTER OF THE PERSON
AND ESTATE OF:
MICHAEl. DENNIS SWARTZ,
AN AU.EGED INCAPACITA TED:
PERSON
:
ORPHANS' COURT IJ/VISION
,. NO. 1996
c:J./- 910 ~ qqL\
PRELIMINARY DECREE
AND NOW. this 2", .1 day of p ~ a .... ~ d , 1996, to judicially resolve
petitioner's request for the appointment of guardians, the court does hereby ORDER AND
DECREE the following:
1. The Court hearing on the attached petition is scheduled for the /. '?:t7& day of
:(dt'lO ' i~~at "I :I.ln o'clock ,q..~. The hearing will be held before Judge
ff,?/\/ in Courtroom No...5 located in the Cumberland County
Courthouse in Carlisle, Pennsylvania.
2. The Court directs the issuance of an appropriate citation with rule to show cause
why the above.captioned individual should not be adjudged an incapacitated person and why the
Court should not appoint appropriate guardians.
3. Petitioner shall cause to be served (by personal service) the citatioll and petitioll
with attached IIotice upon the alleged incapacitated person at least twenty (20) days prior to the
Court hearing. The contents and terms of the petition and the notice shall be explained to the
maximum extent possible in language and terms the alleged incapacitated person is most likely to
understand. An affidavit of service shall be tiled before the hearing or offered as an exhibit at the
beginning of the Court hearing.
4. At least days notice of the petition and hearing shall be given by personal
service or certified mail to all persons residing in the Commonweallh who are sui juris and would
be entitled to share in the estate of the alleged incapacitated person's estate if she died intestate.
5. Petitioner shall notify the Court, in writing, at least seven (7) days prior to the
Court hearing if counsel has NOT been retained by or on behalf of the alleged incapacitated
person. This notice shall also contain all pertinent information which indicates whether or not
counsel should be appointed to represent the alleged incapacitated person.
6. The alleged incapacitated person shall be present at the Court hearing unless it is
established that her physical or mental condition would be harmed by her presence, or it is
impossible for her to be present because of her absence from the Commonwealth.
By the Court,
J.
4:~
: IN TilE COURT OF COMMON PI.EAS OF
: CUMllERLAND COUNTY, PENNSYIYANIA
IN THE MATTER OF THE PERSON
AND ESTATE OF:
MICHAEl. DENNIS SWARTZ,
AN AI.LEGED INCAPACITATEI):
PERSON
,
.
ORPHANS' COURT IJ/VISION
: NO. 1996
PETITION FOR APPOINTMENT OF PI.ENARY GUARf)/AN
OF PERSON AND ESTATE
AND NOW, come the Petitioners, ELAINE M. LAIRD and J. IRA LAIRD, Jr., by and
through their attorneys, Irwin, McKnight & Hughes, and file this Petition for Appointment of
Plenary Guardian of Person and Estate of the alleged incapacitated individual, making the
following statement:
1.
The alleged incapacited person is Michael Dennis Swartz, born February 8, 1964, and
residing at Keystone Residency, 111 Silver Sprinl; Road, Mechanicsburg, Cumberland County,
Pennsylvania.
2.
The Petitioners are Elaine M. Laird and J. Ira Laird, Jr., husband and wife, who reside at
35 Country Club Road, Carlisle, Cumberland County, Pennsylvania.
8.
The alleged incapacited person has a deteriorating neurological disorder rendering him
unable to manage his financial resources or to meet essential requirements for his physical health
and safety.
9.
The alleged incapacitated person receives Social Security Benefits which go directly to his
care at Keystone Residency; there are no known assets owned by the alleged incapacited person.
WHEREFORE, the Petitioners, ELAINE M. LAIRD and 1. IRA LAIRD, Jr., respectfully
request this Honorable Court to:
a.
~ 55l1(a);
b.
Issue a Citation to the alleged incapacitated person, as established by 20 Pa.C.S.A.
Set a hearing on the Matter of the Person and Estate of Michael Dennis Swartz;
and
c. Appoint the Petitioners as Plenary Guardian of the Estate of Michael Dennis
Swartz.
'.
'. ,
.
Respectfully submitted,
IRWIN, McKNIGHT & HUGHES
By:
DATIJ.-iJ/ ~ /l9'fd
Rebecca R, Hughes, quir
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Supreme Court J.D. No. 67212
Attorney for Petitioners,
Elaine M. Laird and 1, Ira Laird, 1r.
,
..
.
IN RE:
MICHAEL DENNIS SWAR'rZ
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96- 994 ORPHANS' COURT
IMPORTANT NOTICE
CITA TION WITH NOTICE
A petition has been filed with this Cuurt to have you declared an Incapacitated Person. If the Court
finds you to be an Incapacitated Person, your rights will be affected, including our right to manage money
and property and to make decisions. A copy of the petition which has been filed by
ELAINE M. LAIRD & J. IRA LAIRD.Jila.attached,
You are hereby ordered to appear at a hearing to be held in Court Room No.5, Cumberland
County Courthouse. Carlisle. Pennsylvania. on February 13 . 19~, at 9:00 -A-.M. to
tell the Court why it should not find you to be an Incapacitated Person and appoint a Guardian to act on
your behalf.
To be an Incapacitated Person means that you are not able to receive and effectively
evaluate information and communicate decisions and that you are unable to manage your
money and/or other property. or to make necessary decisions about where you will live,
what medicel care you will get, or how your money will be spent.
At the hearing. you have the right to appear, to be represented by an attorney, and
to request a jury trial. If you do not have an attorney, you have the right to request the
Court to appoint an attorney to represent you and to have the attorney's fees paid for you
if you cannot afford to pay them yourself, You also have the right to request that the Court
order that an independent evaluation be conducted as to your alleged incapacity.
If the Court decides that you are an Incapacitated Person, the Court may appoint a
Guardian for you, basad on the natura of any condition or disability and your capacity to
IN TilE MATTER OF TilE PERSON
AND ESTATE OF:
MICIIAEL DENNIS SWARTZ,
AN ALLEGEI) INCAPACITATEI)
PERSON
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COlJNTY, PENNSYLVANIA
ORPIIANS' COURT DIVISION
NO. 21-96.994
VERIFICATION
I, NANCY GREENA WAY. hereby verify that 1 personally served Michael Dennis
Swartz a copy of the Citation and Petition in the above.eaptioned mailer. Service was madc on
Thursday, January 23, 1997. I further verify that I personally rcad and explained said documents
to Michael Dcnnis Swartz in order to make him understand why this action was being taken and
that a hearing was set for Thursday, Fcbruary 13, 1997 at 9;00 A,M. bclorc Judge J. Wesley
Oler, Jr.
~ ~~ ,!U" "'ff
' NA Y'GREENA Y
1
Date: FebrUary.fL., 1997