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HomeMy WebLinkAbout01-0410 OrphansIN TH~ MATTER OF HERBERT DALLAS PETTIT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 410-2001 IN RE: AMENDED PETITION TO ADJUDICATE INCAPACITY PURSUANT TO 20 P.S. 5511 AND FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON AND THE ESTATE BEFORE OLER J. FINAL DECREE AND NOW, this 18th day of May, 2001, upon consideration of the Amended Petition To Adjudicate Incapacity Pursuant to 20 P.S. 5511 and for the Appointment of a Guardian of the Person and the Estate, and following a hearing held on this date, Herbert Dallas Pettit is adjudicated an incapacitated person, and his children, George H. Pettit and RuthAnn McGarry, are appointed plenary co-guardians of his person and his estate. The co-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. Pursuant to an agreement of counsel in the person of Lindsay Dare Baird, Esquire, on behalf of Petitioner George H. Pettit, Johnna J. Kopecky, Esquire, on behalf of Petitioner RuthAnn McGarry and Galen R. Waltz, Esquire, Court-Appointed Counsel on behalf of Herbert Dallas Pettit, no bonds shall be required of the co-guardians. Pursuant to an agreement of counsel, it is ordered further that Co-guardian George H. Pettit shall have authority to sign checks, alone, without the co-signature of Co-guardian RuthAnn McGarry, and the said George H. Pettit shall supply copies of monthly statements from bank accounts maintained by or on behalf of Herbert Dallas Pettit to the co-guardian and shall supply quarterly information as to expenses and receipts related to the guardianship to the co-guardian. In addition, it is authorized that Social Security payments to or on behalf of Herbert Dallas Pettit may be directly deposited into the existing account of Herbert Dallas Pettit as they have previously been deposited, by the Social Security Administration. NOTICE IS HEREBY PROVIDED to Herbert Dallas Pettit of his right to appeal and to petition to modify or terminate the guardianships created herein. By the Court, Wesley Oler, Jr.,J. Lindsay Dare Baird, Esquire For George H. Pettit Johnna J. Kopecky, Esquire For RuthAnn McGarry Galen R. Waltz, Esquire Court-Appointed Counsel For Herbert Dallas Pettit pcb IN TH~ MATTER OF HERBERT DALLAS PETTIT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : NO. 410-2001 IN RE: AMENDED PETITION TO ADJUDICATE INCAPACITY PURSUANT TO 20 P.S. 5511 AND FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON AND THE ESTATE BEFORE OLER J. OPINION and FINAL DECREE OLER, J., May 18, 2001. At issue in the present case is whether Herbert Dallas Pettit should be adjudicated an incapacitated person, and, if so, whether his children, George H. Pettit and RuthAnn McGarry, should be appointed plenary co-guardians of his person and his estate. A hearing was held on the matter on Friday, May 18, 2001, before the undersigned judge. Based upon the evidence presented at the hearing, the following Findings of Fact, Discussion and Final Decree are made and entered: FINDINGS OF FACT 1. The allegedly incapacitated person is Herbert Dallas Pettit, whose date of birth is September 20, 1913, and whose present residences are the Manor Care Nursing Home, Walnut Bottom Road, Carlisle, Pennsylvania, 17013, and 922 Nixon Drive, Mechanicsburg (Monroe Township), Pennsylvania, both in Cumberland County, Pennsylvania. 2. Petitioners are George H. Pettit, who resides at 234 York Road, Carlisle, Cumberland County, Pennsylvania, 17013, and RuthAnn McGarry, who resides at 3006 Antietam Court, Marina, California, 93933-4900. Petitioners are the children of Herbert Dallas Petter. 3. The allegedly incapacitated person, Herbert Dallas Pettit, suffered a stroke on or about April 27, 2001. 4. As a result of the stroke, Mr. Pettit has fallen into a comatose condition, the duration of which is at the moment uncertain. 5. As a result of the said condition, Herbert Dallas Pettit 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. At this point, it cannot be said that Mr. Pettit's condition will be alleviated in the foreseeable future. 7. Based upon the aforesaid condition, the Court finds that it is necessary to establish a plenary guardianship with respect to the person and estate of Mr. Pettit. 8. In view of the absence of a more favorable prognosis at this time, the duration of the guardianships required must be said to be indefinite, pending further Order Of Court, and possibly permanent. 9. The Petitioners are adult individuals who are willing to serve as co-guardians of the person and the estate of Mr. Pettit, with the understanding that Petitioner George H. Pettit would have the authority to sign checks alone, without the co-signature of the Co-petitioner RuthAnn McGarry, and with the further understanding that Petitioner George H. Pettit would provide to the co-guardian copies of monthly statements from banks in which accounts are maintained on behalf of or by Herbert Dallas Pettit and that he would supply information quarterly to the co-guardian in the form of a report as to expenses and receipts of Herbert Dallas Pettit. 10. Counsel in the case are in agreement and it will be so authorized that Social Security checks in the name of Herbert Dallas Pettit may be deposited directly into the account of Herbert Dallas Pettit, as they have been in the past. 11. Based upon competent medical testimony, the Court finds that the presence of Herbert Dallas Pettit at the hearing held on today's date is excused pursuant to the Probate, Estates and Fiduciary Code. 12. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting an adjudication of incapacity have been relatively recently amended and are contained in 20 Pa. C.S. Sections 5501 et seq. The Petitioners have substantially complied with these provisions, and, based upon the foregoing Findings of Fact, the following Final Decree will be entered: FINAL DECREE AND NOW, this 18th day of May, 2001, upon consideration of the Amended Petition To Adjudicate Incapacity Pursuant to 20 P.S. 5511 and for the Appointment of a Guardian of the Person and the Estate, and following a hearing held on this date, Herbert Dallas Pettit is adjudicated an incapacitated person, and his children, George H. Pettit and RuthAnn McGarry, are appointed plenary co-guardians of his person and his estate. The co-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. Pursuant to an agreement of counsel in the person of Pettit, Johnna J. Kopecky, Esquire, on behalf of Petitioner RuthAnn McGarry and Galen R. Waltz, Esquire, Court-Appointed Counsel on behalf of Herbert Dallas Pettit, no bonds shall be required of the co-guardians. Pursuant to an agreement of counsel, it is ordered further that Co-guardian George H. Pettit shall have authority to sign checks, alone, without the co-signature of Co-guardian RuthAnn McGarry, and the said George H. Pettit shall supply copies of monthly statements from bank accounts maintained by or on behalf of Herbert Dallas Pettit to the co-guardian and shall supply quarterly information as to expenses and receipts related to the guardianship to the co-guardian. In addition, it is authorized that Social Security payments to or on behalf of Herbert Dallas Pettit may be directly deposited into the existing account of Herbert Dallas Pettit as they have previously been deposited, by the Social Security Administration. NOTICE IS HEREBY PROVIDED to Herbert Dallas Pettit of his right to appeal and to petition to modify or terminate the guardianships created herein. Lindsay Dare Baird, Esquire For George H. Pettit Johnna J. Kopecky, Esquire For RuthAnn McGarry Galen R. Waltz, Esquire Court-Appointed Counsel For Herbert Dallas Pettit pcb By the Court, /s/ J. Wesley Oler, Jr. J.