HomeMy WebLinkAbout99-0878 OrphansIN THE MATTER OF
HOWARD L. MANNING, JR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
: NO. 99-878 ORPHANS' COURT
FINAL DECREE
AND NOW, this 20th day of October, 1999,
upon consideration of the Petition To Adjudicate Incapacity
and Appoint a Guardian of the Person/Estate in the
above-captioned matter, and following a hearing held on
October 20, 1999, Howard L. Manning, Jr., is adjudicated an
incapacitated person, and his sister, Phyllis J. Wallace,
is appointed plenary guardian of his person and his estate.
The guardian is 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. No bond shall be
required of the guardian.
The incapacitated person, Howard L. Manning,
Jr., shall not be removed as owner of any real estate which
is or shall be held in his and the guardian's name, without
prior approval of the Court.
NOTICE IS HEREBY PROVIDED to Mr. Manning and
his Court-Appointed Counsel, Kathleen Shaulis, Esquire, of
his right to appeal and to petition to modify or terminate
the guardianship created herein.
Robert L. O'Brien, Esquire
For the Petitioner
Kathleen Shaulis, Esquire
For Howard L. Manning, Jr.
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By the Court,
IN THE MATTER OF
HOWARD L. MANNING, JR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
NO. 99-878 ORPHANS' COURT
IN RE: PETITION TO ADJUDICATE INCAPACITY AND
APPOINT A GUARDIAN OF THE PERSON/ESTATE
BEFORE OLER, J.
OPINION AND FINAL DECREE
OLER, J., October 20, 1999.
At issue in the present case is whether
Howard L. Manning, Jr., should be adjudicated an
incapacitated person, and, if so, whether his sister,
Phyllis J. Wallace, should be appointed plenary guardian of
his person and his estate. A hearing was held on the
matter on October 20, 1999, 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
Howard L. Manning, Jr., whose date of birth is March 5,
1965, and whose present residence is 338 North College
Street, Carlisle, Cumberland County, Pennsylvania.
2. Petitioner is Vanessa Lee Brown, an
adult individual who resides at 2820 Carlisle Spring Road,
Carlisle, Pennsylvania; Ms. Brown is a sister of the
allegedly incapacitated person.
3. The allegedly incapacitated person,
Howard L. Manning, Jr., suffers from a condition known as
tuberous sclerosis, which was first diagnosed in 1967;
mental retardation is a common feature of this condition,
and the allegedly incapacitated person, unfortunately,
suffers from mental retardation.
4. As a result of the aforesaid condition,
Mr. Manning 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.
5. The aforesaid condition has persisted
for a number of years.
6. At this point, it cannot be said that
Mr. Manning'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.
Manning.
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. Mr. Manning's sister, Phyllis J.
Wallace, who resides at 338 North College Street, Carlisle,
Cumberland County, Pennsylvania, is an adult individual who
is willing to serve as guardian of the person and estate of
Mr. Manning, and whose Siblings are in agreement with her
appointment to this position.
9. Ms. Wallace is an individual qualified
to be guardian of the person and estate of Mr. Manning
under 20 Pa. C.S. Section 5511(f) .
10. It is the intention of the proposed
guardian to purchase a certain residence with Mr. Manning,
and she has agreed that he will not be removed as an owner
of the said property without prior Order of Court.
11. 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
Petitioner has 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 20th day of October, 1999,
upon consideration of the Petition To Adjudicate Incapacity
and Appoint a Guardian of the Person/Estate in the
above-captioned matter, and following a hearing held on
October 20, 1999, Howard L. Manning, Jr., is adjudicated an
incapacitated person, and his sister, Phyllis J. Wallace,
is appointed plenary guardian of his person and his estate.
The guardian is 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. No bond shall be
required of the guardian.
The incapacitated person, Howard L. Manning,
Jr., shall not be removed as owner of any real estate which
is or shall be held in his and the guardian's name, without
prior approval of the Court.
NOTICE IS HEREBY PROVIDED to Mr. Manning and
his Court-Appointed Counsel, Kathleen Shaulis, Esquire, of
his right to appeal and to petition to modify or terminate
the guardianship created herein.
By the Court,
/s/ J. Wesley Oler, Jr.
Robert L. O'Brien, Esquire
For the Petitioner
Kathleen Shaulis, Esquire
For Howard L. Manning, Jr.
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