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HomeMy WebLinkAbout99-0615 Orphans (2)IN THE MATTER OF SYBIL ARMSTRONG, an alleged incompetent IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : NO. 21-99-615 ORDER OF COURT AND NOW, this 12th day of December, 2000, upon consideration of the Petition for Appointment of a Guardian of the Estate and Person Pursuant to 20 Pa. C.S.A. 5511, and following a hearing held on this date, and the Court having found that the subject of the proceeding, Sybil Armstrong, continues tO be incapacitated in that she is unable to receive and evaluate information effectively and communicate decisions sufficiently to meet the essential requirements for her physical health and safety and to manage her financial resources, and the Honorable George E. Hoffer having previously adjudicated Sybil Armstrong incapacitated, the petition is granted, and Joan Armstrong and Curtis Armstrong, the incapacitated person's adoptive parents, are appointed permanent plenary guardians of her person and estate. The appointment of Michael Armstrong, as guardian of the person and estate of Sybil Armstrong, is permanently vacated. Notice is hereby provided to Sybil Armstrong of her right to appeal and to petition to modify or terminate the guardianships herein created. Robert L. O'Brien, Esquire Solicitor for Cumberland/Perry Mental Health/Mental Retardation By the Court, Richard Placey, Esquire 200 N. Third Street Harrisburg, PA 17101 For J~an and Cu_~ms Armstrong David Green, Esquire 28 South Pitt Street Carlisle, PA 17013 For Sybil Armstrong wcy IN THE MATTER OF SYBIL ARMSTRONG, an alleged incompetent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-99-61'5 IN RE: PETITION FOR APPOINTMENT OF A GUARDIAN OF THE ESTATE AND PERSON PURSUANT TO 20 PA. C.S.A. 5511 BEFORE OLER, J. OPINION AND ORDER OF COURT Clef, J., Pece~er 12, 2000. At issue in the present case is whether Sybil Armstrong should continue to be adjudicated an incapacitated person, and, if so, whether her adoptive parents, Joan Armstrong and Curtis Armstrong, should be appointed permanent plenary co-guardians of her person and estate. A hearing was held in this matter on Tuesday, December 12, 2000, before the undersigned judge. In attendance at the hearing, or portions thereof, were the incapacitated person, Sybil Armstrong, her previously-appointed guardian, Michael Armstrong, her adoptive parents, Joan and Curtis Armstrong, the Petitioner, Robert L. O'Brien, Esquire, Solicitor for the Cumberland/Perry County Mental Health/Mental Retardation Office, Richard Placey, Esquire, representing the adoptive parents and proposed guardians, and David Green, Esquire, Court-Appointed Counsel for the incapacitated person, among others. 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 Sybil Armstrong, who is 21 years of age, her date of birth being November 16, 1979. 2. Ms. Armstrong was previously adjudicated incapacitated by the Honorable George E. Hoffer, President Judge, on July 7, 1999, on the basis of mental retardation, trisomy 21, and oppositional defiant disorder. 3. At the time of the adjudication by President Judge Hoffer, Ms. Armstrong's uncle/adoptive brother, Michael Armstrong, was appointed guardian of her property and person for certain purposes. 4. Sybil Armstrong continues to be incapacitated for the reasons found in President Judge Hoffer's adjudication of July 7, 1999. 5. Michael Armstrong has indicated his willingness to withdraw as guardian of Sybil Armstrong's person and estate in favor of Joan and Curtis Armstrong, her adoptive parents. 6. Joan and Curtis Armstrong have indicated their willingness to serve as co-guardians of the person and estate of Sybil Armstrong. 7. The Court finds that the appointment of the co-guardians is necessary on a permanent basis because Sybil Armstrong continues to be unable to receive and evaluate information effectively and communicate decisions to such an extent that she is at the present time totally unable to manage her financial resources or to meet the essential requirements for her physical health and safety. $. The duration of Sybil Armstrong's condition as aforesaid at the present time must be considered to be indefinite, and, for this reason, the guardianships created herein are permanent, pending any further Order of Court. 9. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting an adjudication of incapacity have recently been amended and are contained in 20 Pa. C.S. Sections 5501 et seq. Petitioner has substantially complied with these provisions and has shown the need, in the Court's view, to continue guardianships of the person and estate for Sybil Armstrong, and substitute Joan and Curtis Armstrong as guardians of the person and estate of Sybil Armstrong for the previous guardian, Michael Armstrong. For these reasons, the following Order of Court will be entered: ORDER OF COURT AND NOW, this 12th day of December, 2000, upon consideration of the Petition for Appointment of a Guardian of the Estate and Person Pursuant to 20 Pa. C.S.A. 5511, and following a hearing held on this date, and the Court having found that the subject of the proceeding, Sybil Armstrong, continues to be incapacitated in that she is unable to receive and evaluate information effectively and communicate decisions sufficiently to meet the essential requirements for her physical health and safety and to manage her financial resources, and the Honorable George E. Hoffer having previously adjudicated Sybil Armstrong incapacitated, the petition is granted, and Joan Armstrong and Curtis Armstrong, the incapacitated person's adoptive parents, are appointed permanent plenary guardians of her person and estate. The appointment of Michael Armstrong, as guardian of the person and estate of Sybil Armstrong, is permanently vacated. Notice is hereby provided to Sybil Armstrong of her right to appeal and to petition to modify or terminate the guardianships herein created. By the Court, /s/ J. Wesley Oler, Jr. J. Robert L. O'Brien, Esquire Solicitor for Cumberland/Perry Mental Health/Mental Retardation Richard Placey, Esquire 200 N. Third Street Harrisburg, PA 17101 For Joan and Curtis Armstrong David Green, Esquire 28 South Pitt Street Carlisle, PA 17013 For Sybil Armstrong wcy