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HomeMy WebLinkAbout96-994 OrphansIN THE MATTER OF THE PERSON AND ESTATE OF: MICHAEL DENNIS SWARTZ, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERI2tND COUNTY, PENNSYLVANIA ORPHANS, COURT DIVISION No. 21-96-994 ~N RE: PETITION FOR GUARDIANSHIP QRDER OF COURT AND NOW, this 13th day of February, 1997, upon consideration of the Petition for Appointment of Plenary Guardian of Person and Estate, and following a hearing, Michael Dennis Swartz is adjudicated an incapacitated person, and his mother, Elaine Mehall Swartz Laird, and his stepfather, J. Ira Laird, Jr., are appointed plenary co-guardians of his person and his estate. The guardians are directed to file reports in accordance with provisions of 20 Pa. C.S. Section 5521(c). No bond shall be required of the guardians. Notice is hereby provided to Michael Dennis Swartz of his right to appeal and to petition to modify or terminate the guardianship. REBECCA HUGHES, ESQUIRE For the Petitioners MICHAEL DENNIS SWARTZ Keystone Residency 111 Silver Spring Road Mechanicsburg, PA 17055 By the Court~ / . o I. J~ Wesley Ol~r~Jr. ,~. ~ wcy IN THE MATTER OF THE PERSON AND ESTATE OF: MICHAEL DENNIS SWARTZ, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS, COURT DIVISION No. 21-96-994 ~N RE: PETITION FOR GUARDIANSHIP BEFORE OLER, J. 9PINION AND ORDER OF COURT OLER, J., February 13, 1997. At issue in the present case is whether Michael Dennis Swartz should be adjudicated an incapacitated person, and, if so, whether Petitioners, who are his mother and stepfather, should be appointed plenary co-guardians of his person and his estate. A hearing was held on the matter on Thursday, February 13, 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: ~INDINGS OF FACT 1. The allegedly incapacitated person is Michael Dennis Swartz, a domiciliary of Cumberland County, Pennsylvania, residing at Keystone Residency, 111 Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Mr. Swartz was born on February 8, 1964. 3. Petitioners are Elaine Mehall Swartz Laird and J. Ira Laird, Jr., the mother and stepfather of Michael Dennis Swartz, who reside at 35 Country Club Road, Carlisle, Cumberland County, Pennsylvania. 4. The allegedly incapacitated person, Michael Dennis Swartz, has a condition described as neurological degenerative disease, with the effect of profound mental retardation; he has a mental age of approximately two years and seven months. 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 he is totally unable to manage his financial resources and totally unable to meet essential requirements for his physical health and safety. 6. The aforesaid condition is apparently of an indefinite 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 Michael Dennis Swartz. 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 Petitioners have provided. 10. Petitioners are individuals qualified under 20 Pa. C.S. Section 5511(f) to serve as plenary guardians of the person and estate of Michael Dennis Swartz. 11. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting adjudication of incompetency have been recently amended and are contained in 20 Pa. C.$. Sections 5501 et. seq. Petitioners have fully complied with these provisions, and based upon the foregoing Findings of Fact, the following Order of Court will be entered. ORDEROF COURT AND NOW, this 13th day of February, 1997, upon consideration of the Petition for Appointment of Plenary Guardian of Person and Estate, and following a hearing, Michael Dennis Swartz is adjudicated an incapacitated person, and his mother, Elaine Mehall Swartz Laird, and his stepfather, J. Ira Laird, Jr., are appointed plenary co-guardians of his person and his estate. The guardians are directed to file reports in accordance with provisions of 20 Pa. C.S. Section 5521(c). No bond shall be required of the guardians. Notice is hereby provided to Michael Dennis Swartz of his right to appeal and to petition to modify or terminate the guardianship. REBECCA HUGHES, ESQUIRE For the Petitioners Michael Dennis Swartz Keystone Residency 111 Silver Spring Road Mechanicsburg, PA 17055 wcy By the Court, Is/ J. Wesley Oler, Jr. Je