Loading...
HomeMy WebLinkAbout96-917 OrphansIN THE MATTER OF CHRISTINA MARIE FEARNBAUGH An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 21-96-917 ORPHANS' COURT ORDER OF COURT AND NOW, this 5th day of February, 1997, upon consideration of the Petition for Appointment of Permanent Guardian, and following a hearing at which the allegedly incapacitated person was present, Christina Marie Fearnbaugh is adjudicated an incapacitated person, and her mother, Susan J. Fearnbaugh, is appointed plenary guardian of her person and her estate. The guardian is directed to file reports in accordance with the provisions of 20 Pa. C.S. Section 5521(c). No bond shall be required of the guardian. Notice is hereby provided to Christina Marie Fearnbaugh of her right to appeal and to petition to modify or terminate the guardianship. Mark S. Fenice, Esquire Counsel for Petitioner Christina Marie Fearnbaugh 807 Shuler Street Mechanicsburg, PA 17055 :slr By the Court, IN THE MATTER OF CHRISTINA MARIE FEARNBAUGH An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 21-96-917 ORPHANS' COURT 01er, J. IN RE: PETITION FOR GUARDIANSHIP BEFORE OLER, J. OPINION AND ORDER OF COURT At issue in the present case is whether Christina Marie Fearnbaugh should be adjudicated an incapacitated person and, if so, whether the Petitioner, Susan J. Fearnbaugh, her mother, should be appointed plenary ~uardian of her person and her estate. A hearing was held on the matter on Tuesday, February 5, 1997, before the undersigned judge. 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 Christina Marie Fearnbaugh, a domiciliary of Cumberland County, Pennsylvania, residing at 807 Shuler Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Ms. Fearnbaugh was born on March 22, 1978, and resides with her parents at the above address. 3. Petitioner is Susan J. Fearnbaugh, residing at 807 Shuler Street, Mechanicsburg, C,,~erland County, Pennsylvania; the Petitioner is the mother of the allegedly incapacitated person. 4. The allegedly incapacitated person, Christina Marie Fearnbaugh, has a condition known as spastic cerebral palsy and severe receptive and expressive aphasia, with an I.Q. estimated at 36. This condition has existed since birth. 5. As a result of the aforesaid condition, the allegedly incapacitated person is an adult whose 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. 6. The aforesaid condition is apparently of a permanent nature. 7. Based upon the aforesaid condition, the Court finds that it is necessary to establish a plenary guardianship with respect to the estate and person of Christina Marie Fear~_baugh. 8. In view of the absence of a contrary prognosis at this time, the duration of the guardianship required must be said to be indefinite, pending further Order of Court, and apparently permanent. 9. The guardianship to be established herein is necessary notwithstanding the personal assistance which the Petitioner and her husband provide to Christina Marie Fearnbaugh. 10. Petitioner, Susan J. Fearnbaugh, is found to be an individual qualified under 20 Pa. C.S. Section 5511(f) to serve as plenary guardian of her daughter's person and estate. 11. The foregoing Findings of Fact are made on the basis of clear and convincing evidence: DISCUSSION The provisions respecting adjudication of incompetency have recently been amended and are contained in 20 Pa. C.S. Sections 5501 et seq. Petitioner has fully complied with these provisions, and based upon the foregoing Findings of Fact the following Order will be entered: ORDER OF COURT AND NOW, this 5th day of February, 1997, upon consideration of the Petition for Appointment of Permanent Guardian, and following a hearing at which the allegedly incapacitated person was present, Christina Marie Fearnbaugh is adjudicated an incapacitated person, and her mother, Susan J. Fearnbaugh, is appointed plenary guardian of her person and her estate. The guardian is directed to file reports in accordance with the provisions of 20 Pa. C.S. Section 5521(c). No bond shall be required of the guardian. Notice is hereby provided to Christina Marie Fearnbaugh of her right to appeal and to petition to modify or terminate the guardianship. By the Court, Mark S. Fenice, Esquire Counsel for Petitioner Christina Marie Fearnbaugh 807 Shuler Street Mechanicsburg, PA 17055 /s/ J. Wesley Oler, Jr. J. :slr