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Home My WebLink About07-10-06 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-06-0327 GUARDIANSHIP-INCAPACITATED PERSON Candy DiSilverio, AN ALLEGED INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF GUARDIAN BEFORE OLER, J. ORDER OF COURT AND NOW, this 29th day of June, 2006, upon consideration of the Petition for Appointment of Guardian with respect to Candy DiSilverio, following a hearing at which the allegedly incapacitated person was represented by her court-appointed counsel, Galen R. Waltz, Esquire, and for the reasons stated in the accompanying opinion, Candy DiSilverio is adjudicated an incapacitated person, and her daughter, Monica DiSilverio, is appointed permanent plenary guardian of her estate and person. The guardian shall timely file with the Court all reports and accounts required by statute. No bond shall be required of the guardian. Candy DiSilverio and her counsel are hereby notified of her right to petition at any time for a modification or termination of the guardianship provisions contained in this order. By the Court, J. J. I - :. ~ .,.. Mark F. Bayley, Esquire 60 West Pomfret Street Carlisle, PA 17013 For the Petitioner Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 For Candy DiSilverio, an alleged incapacitated person Pcb IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-06-0327 GUARDIANSHIP-INCAPACITATED PERSON CANDY DISILVERIO, AN ALLEGED INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF GUARDIAN BEFORE OLER, J. OPINION AND ORDER OF COURT OLER, J., June 29, 2006. At issue in the present case is whether Candy DiSilverio should be adjudicated an incapacitated person on a permanent basis, and, if so, whether Ms. DiSilverio's daughter, Monica DiSilverio, of 7 Birch Street, Mechanicsburg, Cumberland County, Pennsylvania, 17050, should be appointed plenary guardian of her person and estate. A hearing was held on this matter on June 29, 2006. The allegedly incapacitated person was represented at the hearing by Galen R. Waltz, Esquire, court-appointed counsel. Ms. DiSilverio, the allegedly incapacitated person, was present at the hearing and testified. For the reasons stated in this opinion, the petition for appointment of a permanent guardian of the person and estate of Candy DiSilverio will be granted and her aforesaid daughter will be appointed plenary guardian of her person and estate. STATEMENT OF FACTS 1. The allegedly incapacitated person is Candy DiSilverio, a domiciliary of Cumberland County, Pennsylvania, born June 1, 1957, and residing with her daughter at 7 Birch Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Petitioner is Monica DiSilverio, an adult individual residing at 7 Birch Street, Mechanicsburg, Cumberland c County, Pennsylvania; she is the daughter of Candy DiSilverio. 3. Candy DiSilverio, the allegedly incapacitated person suffers from a condition known as Anoxic Encephalopathy, dating from an operation that occurred in 1998. 4. Candy DiSilverio's condition is such that her 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. Unfortunately, there is no indication at the present time that the allegedly incapacitated person's condition will significantly improve. 6. The income of the allegedly incapacitated person consists of Social Security-type payments, and partial ownership of the property in which she resides. 7. The allegedly incapacitated person is in need of a plenary guardian of her person and estate. 8. The duration of the necessary guardianships must be considered at best indefinite and for practical purposes permanent. 9. Monica DiSilverio, the daughter of Candy DiSilverio, is a person qualified to serve as guardian of her person and estate under 20 Pa. C.S. ~5511(f). 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 Fa. C.S. ~~5570 et.seq. The Petitioner has substantially 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 29th day of June, 2006, upon consideration of the Petition for Appointment of Guardian with respect to Candy DiSilverio, following a hearing at which the allegedly incapacitated person was represented by her court-appointed counsel, Galen R. Waltz, Esquire, and for the reasons stated in the accompanying opinion, Candy DiSilverio is adjudicated an incapacitated person, and her daughter, Monica DiSilverio, is appointed permanent plenary guardian of her estate and person. The guardian shall timely file with the Court all reports and accounts required by statute. No bond shall be required of the guardian. Candy Disilverio and her counsel are hereby notified of her right to petition at any time for a modification or termination of the guardianship provisions contained In this order. By the Court, Mark F. Bayley, Esquire 60 West Pomfret Street Carlisle, PA 17013 For the Petitioner /s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 For Candy DiSilverio, an alleged incapacitated person Pcb ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: CANDY DISILVERIO, AN ALLEGED INCAPACITATED PERSON CUMBERLAND COUNTY PENNSYLVANIA NO. 21-06-0327 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 06/29/06 JUDGE'S INITIALS: JWO TIME STAMP DATE: 07/10106 IN RE: ORDER OF COURT IN RE PETITION FOR APPOINTMENT OF GUARDIAN SERVICE TO: MARK F BAYLEY, ESO GALENR WALTZ, ESO METHOD OF MAILING: ENVELOPES PROVIDED BY: [8J USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER ~ JUDGE D CLERK OF ORPHANS COURT MAILED: 07-10-06 SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: ! (jjf, Qj l/ 1 'it.A /r.; Deputy Clerk of Orphans' Court .. ." 10 'd CURRICULUM VITAE Vemnc Wetzel Greiner. D.O. University Physician Group Silver Spring Family Practice 3 Flowers Drive Meehanicsbur& P A 17050 Phone (717) 691-]212 Fax (717) 69]-5354 PRACTICE EXPERIENCE: University Physician Group MS Hershey Medical Center 1999-Present Family Practice Associates 5 Willow Mill Park Road Mechanicsburg, PA 17050 1997-1999 A Beacon Medial Group Affiliate 1997-1999 A Health America Medical Office 1994-1997 As Private Family Practice Associates 1985-1994 Matsko-Wetzel Associates 114 High Street Duncannon, P A 17020 1981-1985 Cumberland Valley School District School Physician 6746 Carlisle Pike Mechanicsburg, PA 17055 1988-present PETITIONER'S EXHIBIT FIt ~ .d? 06 f?~1$ BBOG IES LIL 'ON Xij~ ~lNO AOll0d Hllij3H lij~n~ Ud OS:lO 3nl 90-LG-Nnr p ---- GO 'd .. PRACTICE EXPERIENCE: (CONT) SusQuenita School District School Physician Duncannon, P A 17020 BOARD CERTIFICATION: FELLowsmp: EDUCATION: Residency Internship PROFESSIONAL ORGANIZATIONS: STAFF Perry COWlty Children & Youth Services Examining Physician 1984-1985 American Board ofFa1l1ily Practice 1981 Recertification 1988,1993,] 999,2005 American Academy of Family Physicians 1981 Polyclinic Medical Center Harrlsburg, PA 1979-1981 Community General Osteopathic Hospital Harrisburg, P A 1978-1979 Philadelphia conege of Osteopathic Medicine Philadelphia" P A Lindback Foundation Scholarship Award 1975 D.O. 1978 American Academy of Family Physicians American Osteopathic Association Pennsylvania Academy of Family Physicians Pennsylvania Osteopathic Medical Association Pennsylvania Association of Osteopathic Family Physicians BBOG IES LIL 'ON Xij~ H1N0 A0Il0d H1lij3H lijHOH Wd OS:IO 301 90-LG-Nor AFFILIATIONS: PROFESSIONAL ACTIVITIES: PERSONAL: EO 'd Penn State University~ The Milton S. Hershey Medical Center Pinnacle Health System Holy Spirit Hospital Beacon Medical Group Board of Directors 1997-1999 Beacon Medical Group Patient Service Enhancement and Policy Committee Chair, J 998 Coventry Corporation Phannacy & Therapeutics Committee ]995-1998 Health America Phannacy & Therapeutics Committee Harrisburg Region 1995~1998 Born October 26, 1952, Carlisle, PA Married to the Rev. Dr. J. Gerald Greiner Two step sons BeOG IE5 LIL 'ON XV~ B1N8 A8Il0d HllV3H lVBnB Wd 05:l0 3n1 90-LG-Nnr . ~ II'- - PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND SSe Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz May 19,2006 and May 26,2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 19 ;;~ Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL HENRY F. COYNE, NOTARY PUBLIC HAMPDEN TWP., CUMBERLAND COUNTY MY COMMISSION EXPIRES JUNE 17, 2008 .. #-:J.. ~"d.- f-p~ P(1J:5 CUMBERLAND LAW JOURNAL NOTICE OF GUARDIANSHIP BEARING NOTICE IS HEREBY GIVEN that, onAprflll, 2006, the Petition of Mon- lca DISllverto was filed In the Court of Common Pleas of Cumberland County, requesting an Order to ap- point Moruca DiSllverto as plenary guardian over Candy DiSllverto. The Court has fixed the day of June 29, 2006, at 1:30 p.m., in Courtroom #1, of the Cumberland County Courthouse, Carlisle, Penn- sylvanla, as the time and place for the hearing on said Petition, when and where all Interested parties may appear and show cause, if any, why the request of the Petitioner should not be granted. May 19, 26 2 .. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being du1y sworn, deposes and says that THE SENTINEL, a newspaper of general circu1ation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regu1arly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) May 05, 06, 2006 COpy OF NOTICE OF PUBLICA nON Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of ~~~~ Sworn to and subscribed before me this 10tll. day of May 2006. ~/(. N~ My commission expires: q II I tJj "'~',,-,..:,:~, '~~~:~:'~'; ,~ 'i",,~:~}, " ' COMMONWEAl. TI1 OF PENNSYLVANIA NolariaI SeeI ChrisIIna L. WoIl'e, NoIary PubIc CarlIsle 8010. CunberIaIld County My CcmnIsslon ExpIres Sept 1, 2008 Member, Pennsylvania AIsociatlon 01 Notaries : ~- '~"-';:~<''.'" , ,;:..i ,:~:~';.t?f:.7:;~.;.:. :" ~(_"!' .~f:.~.,"; 'I'.~,*~; ",- ,"'~. . "'~~,<,"'~:':1i~ ;,:<J.';(," 'loL1",,~:,~.. ...l!)' .. . ~. ~. .....: ....,.: ,<T.J' .~. 'lo~}.;.~" PETITIONER'S EXHIBIT #'3 t.'d~.tf, ?'~8