HomeMy WebLinkAbout97-101 OrphansIN THE MATTER OF
TERRY LEE RIDER, an alleged
incapacitated person
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: No. 21-97-101
ORDER OF COURT
AND NOW, this 21st day of March, 1997, upon
consideration of the Petition for Appointment of a Temporary
Guardian of the Person Pursuant to 20 Pa. C.S.A. 5513, and
following a hearing held at the Cumberland County Courthouse, at
which the allegedly incapacitated person was present, Terry Lee
Rider is adjudicated an incapacitated person, and his brother,
Scott Rider, residing at 86 Hays Grove, Newville, Cumberland
County, Pennsylvania, is appointed temporary partial guardian of
his person for the purpose of executing a "2176 waiver" and
effecting his brother's admission into such programs as become
available as a result of that waiver. This appointment shall
expire following the accomplishment of these services. No bond
shall be required of the guardian.
Notice is hereby provided in person to Terry Lee
Rider of his right to appeal and to petition to modify or
terminate the guardianship.
By the Court,
ROBERT L. O'BRIEN, ESQUIRE
For the Petitioner
Terry Lee Rider
320 North 21st Street
Camp Hill, PA 17011
Cumberland/Perry MH/MR
wcy
IN THE MATTER OF
TERRY LEE RIDER, an alleged
incapacitated person
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: No. 21-97-101
Oler, J.
IN RE: PETITION FOR GUARDIANSHIP
BEFORE OLER, J.
OPINION AND ORDER OF COURT
At issue in the present case is whether Terry Lee
Rider should be adjudicated an incapacitated person, and, if so,
whether his brother, Scott Rider, should be appointed temporary
partial guardian of his person. A hearing was held on the
matter on Friday, March 21, 1997, before the undersigned judge.
The allegedly incapacitated person was present for the hearing.
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 Terry
Lee Rider, a 42-year-old (d.o.b. May 17, 1954) adult individual
residing at 320 North 21st Street, Camp Hill, Cumberland County,
Pennsylvania. This property is a residential facility operated
by CPARC (Cumberland Perry Association for Retarded citizens).
2. Petitioner is Robert L. O'Brien, Esquire,
Solicitor for the Cumberland/Perry Mental Health/Mental
Retardation office.
3. Mr. Rider, since birth, has been in the
profoundly mentally retarded range, having an IQ of under 20,
and being largely nonverbal.
4. As a result of the aforesaid condition, Mr.
Rider's ability to receive and evaluate information and make and
communicate decisions has been impaired to such a significant
extent that he is unable to meet essential requirements for his
physical health and safety in the form of deciding whether to
execute a "2176 waiver" for purposes of Federal funding.
5. Guardianship services are necessary for Mr.
Rider notwithstanding the personal assistance which he receives
from the residential facility where he resides and from his
brother in the person of Scott Rider.
6. Based on the aforesaid condition of Mr. Rider
and his lack of capacity to make and communicate decisions in
the regard mentioned, a temporary and partial guardianship with
respect to his person is required.
7. The duration of this guardianship shall be
until the guardian has executed the necessary "2176 waiver" and
secured Mr. Rider's participation in the programs that become
available as a result of that waiver, if the guardian feels that
such measures are in the interest of his brother.
8. Pursuant to 20 Pa. C.S. Section 5512.1(b), it
is found that Mr. Rider is partially incapacitated and in need
of temporary partial guardianship services of his person.
9. The brother of Mr. Rider, Scott Rider,
residing at 86 Hays Grove, Newville, Cumberland County,
Pennsylvania, is a person qualified under 20 Pa. C.S. Section
5512(f) to serve as such guardian of his person.
10. It appears that Mr. Rider's condition is of
an indefinite nature in terms of duration.
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 substantially
complied with these provisions, and based upon the foregoing
Findings of Fact, the following Order of Court will be entered:
ORDER OF COURT
AND NOW, this 21st day of March, 1997, upon
consideration of the Petition for Appointment of a Temporary
Guardian of the Person Pursuant to 20 Pa. C.S.A. 5513, and
following a hearing held at the Cumberland County Courthouse, at
which the allegedly incapacitated person was present, Terry Lee
Rider is adjudicated an incapacitated person, and his brother,
Scott Rider, residing at 86 Hays Grove, Newville, Cumberland
County, Pennsylvania, is appointed temporary partial guardian of
his person for the purpose of executing a "2176 waiver" and
effecting his brother's admission into such programs as become
available as a result of that waiver. This appointment shall
expire following the accomplishment of these services. No bond
shall be required of the guardian.
Notice is hereby provided in person to Terry Lee
Rider of his right to appeal and to petition to modify or
terminate the guardianship.
ROBERT L. O'BRIEN, ESQUIRE
For the Petitioner
Terry Lee Rider
320 North 21st Street
Camp Hill, PA 17011
Cumberland/Perry MH/MR
By the Court,
/s/ J. Wesley Oler, Jr.
J.
wcy