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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISlON
No. 21-1997-0404
SCOTT ILGENFRITZ, JR.,
an alleged inoompetent
IN REI PETITION FOR APPOINTMENT,Of A TEMPORARY GUARDIAN
OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5513
~EFORE OLER. J.
OPINION AND ORDER OF COURT
Oler, J., June 11, 1997.
At issue in the pr8sent case is whether Soott
Ilgenfritz, Jr., should be adjudioated an inoapaoitated person,
and, if so, whether Rose Cramer, an adult individual residing at
9 North Looust Point Road, Mechanicsburg, Cumberland County,
pennsylvania, should be appointed temporary partial guardian of
his person. A hearing was held on the matter on Wednesday, June
11, 1997, before the undersigned judge. The allegedly
incapacitated person was pres~nt for the hearing. 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 im Soott
Ilgenfritz, Jr., a 22-year-old (date of birth, october 11,
1974), adult individual residing at 9 North Locust point Road,
Meohaniosburg, Cumberland County, Pennsylvania.
2. Petitioner is Robert L. O'Brien, Esquire,
solioitor for the Cumberland/Perry Mental Health/Mental
4. As a result of that condition, Mr.
Ilgenfritz's ability to reoeive and evaluate information and
make and oommunicate deoisions has been impair.ed to such a
significant extent that he is unable to meet essential
requirements for his physical health and safety in the form of
deciding ' whether to exeoute a "2176 waiver" for purposes of
federal funding and any doouments which may be necessary to, or
may faoilitate, his continued residenoy with Rose Cramer of
Mechaniosburg.
5. Guardianship servioes are necessary for Mr.
Ilgenfritz, notwithstanding the personal assistance which he may
receive from members of his family.
6. Based on the aforesaid condition of Mr.
Ilgenfritz and his laok of capacity to make and ,communicate
decisions in the regard mentioned, a temporary and partial
guardianship with respect to his person is required.
7. The duration of this guardianship shall be
until the guardian has exeouted the necessary "2176 waiver" and
taken suoh other steps as may be necessary or convenient for his
continued residency in her home.
8. Pursuant to 20 Pa. C.S. section 5512.1(b), it
ls .found that Mr. Ilgenfritz is partially inoapacitated and in
need of temporary partial guardianship services of his person.
9. Rose Cramer, an adult individual residing at
9 North Looust point Road, Mechanicsburg, cumberland County,
Pennsylvania, ls a person qualified under 20 Pa. C.S. Section
5511(f) to serve as guardian of his person.
10. It appears that Mr. Ilgenfritz's condition is
of an indefinite nature in terms of duration.
11. The foregoing Findings of Fact are made on
the basis of clear and convincing evidenee.
J;1ISCUSSION
The provisions respecting adjudication of
incompetency have recently been amended and are contained in 20
Pa. C.S. Sections 5501 et sea. Petitioner has complied with
these provlsions to the extent that the Court believes neoessary
for the limited purpose of this hearing. Based upon the
for'egoing Findings of Fact., the following Order will be entered:
QBQERQF COURT
AND NOW, this 11th day of June, l. 997, upon
consideration of the PetitIon for ,/'\ppointment of a 'l'emporary
Guardian of the Person Pursuant to 20 Pa. C.B.A. 5513, and
following a hearing held at the Cumberland County Courthouse at
which the allegedly incapacitated person was present, Scott
Ilgenfritz, Jr., is adjudicated an incapacitated person, and
Rose Cramer, residing at 9 North Locust Point Road,