HomeMy WebLinkAbout97-00101
7. Uo othtr Court '''1th1n the Commonwealth of wh1ch
petitioner has ~nowledg8 has appointed a 9uardi~n
fOr TP.t''TV Lee Rider
8. Terry Lee Rider is mentally retarded.
9. Because of m8nt~l deficiency,
lacks sufficient capaci~! to ma~e or communicate responsible
decisions concerning his. ,er ?erson as set forth in the attached
Affidavit prepared by . marked as
Exhibit A and made a part he:.o=.
10.
Terrv Lee Rider
,
is ~n need of residential mental
retardation services.
ll. Tem Lee Rider has:een accepted for placement
at 320 North 21st Street, Camp Hill, PA 17011
upon the condition that a guardi~n of the person be appointed to
consent to said ?lac~ment on ~i$ her behalf.
12. Scott Rider _' haviftg no
interest adverse to TArry LA. Hider has agreed to act a.
Temporary Guardian of the Person or Terry Lee Hider
if this 90norable Court shall so appoint.
WHEREFORE. Petitioner ?rays this Court place Terry Lee Rider
under the tempor:uy guardianship of Scott Rider
, pursu~n,:; to 20 Pa. C.S.!>.. ~ 5513 and
empower said temporary guarnian :0 provide substitute consent for
such community-based or insti:u':;~=n31 se~vices as may be ~eces.ary
to provLde for his/her needs.
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IN THE MATTER OF
TERRY LEE RIDER, an alleged
inoapaoitated person
IN THE COURT Of' COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21"97-101
IH-BE: PETITION FOR GUARDIANS~IP
BEFORE OLER. J.
OPINION AND ORDER OF COURT
Oler, J.
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 FAQI
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.
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3. Mr. Rider, sinoe birth, has been in the
protoundly mentUly retarded range, having an 1Q 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 deo:ls.i.ons 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 IInd from his
brother in the person of SC(ltt Rider.
6. Based on the aforesaid oondition 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. e.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, Soott Rider,
residing at 86 Hays Grove, Newville, Cumberland County,
Pennsylvania, is a person qualified under 20 Pa. C.S. Seotion
5512(f) to serve ae euoh 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 olear and oonvinoing evidenoe.
DISCiJSSION
The provisions respeoting adjudication of
incompetency have recently been amended and are contained in 20
Pa. C.S. Sections 5501 ~!u sea. Petitioner has substantially
oomplied with these provisions, and based upon the foregoing
Findings of Fact, the fOllowing Order of Court will be entered:
ORDER OF COUR'l:'
AND NOW, this 21st day of Maroh, 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 incapaoitated 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 beoome
l'UIlI'OSf.lJF
NOTICE 1
PAvtEHT I
To fulfill the requlr--.nt. at Station 214& (bJ of tho Inh.rltMnOI .od Eltet, llx A~t, Aot 21 of 1995. (12 P,I.
SMtlon 91~S).
o.t.ch thl' top portion of this MoUe. ~ ,ubIllt ~lth wour PlvlIOnt to the RIght,r of Will. printed on the
revlr.. Iltk.
~~ MM. Clheot. or ~y order payable tOI REGISTER OF MILLS, AGENT.
REFUND (CAli A r.fund of . tax ol,.dit ...y btI requ..tld by DOlIPIIHng an "Application for R.fund of Pflnnly!vani,
InhoerltltOOl Md E,t.t, hie" (REY~IJU)' Applications ar. IIIQl1abl. at the Offlol of the keghter of N11l1,
any of the 23 R.y.~ Dlltr10t QffJcas or fro. the Dlpart..nt'. 24-hour ~'W8rlno ..rvlel nu.ber. for for.. ordtrlng:
In PennsYlvanJ~ 1-800-362.2050, outside P'nn.yl~.nlft ~ within 10cel Herrllburg ar.. (7171 7a7~'094,
Serviol' for t.wp.~.rM with .~ol.l hearing ~nd IpI.klng n.,d'l 1-800-447~S020 (TT only),
OBJECTIONS:
ADMIN-
ISTRATIVE
CORRECTIONS:
PEHALTVI
INTEREST:
Any party In Int~r.~t not ..tl.fled with the ..'.....nt of taM .. .hown on this notlo. ..y object within
.IMty (60) d.ys of reo.lpt of this Notic. by:
--written prot..t to tl,. PA Dup.rtaent of Rev.nu., Board of Aflpeah, D.pt. 281021, H8rrhburg, PA 1712&-1021, OR
-..laoUno to hev. tha aatt.r dat.ralned at audit of tha por.onel repr...nttltlv., OR
~~IPPI.l to the Orph.n.' Court
Factual .rrors dl.oovarad on thl. .w......nt .hou1d ba addr.,.ed in writing tOI PA Oap.rt..nt of Revenue;
~ur'8Y of Individual Taw." ATTHI po.t A~.a..-.nt Review Unit, Dept. 280'01, HtrriSburg, PA 17128~06a1,
Phone (717) 181-6505. S.. palJtl 5 of thci bookhlt "In.truction. for IntMrltanoe Tax R.turn for a R..ldant
Deoadent.. (REY-1501) for an .xplanation of adalnhtraUvah oorreotable error..
The 15;( taM __sty non-participation penftlty Is oOllpUtad on the total of the taM .,cj int.r..t ......ad, and not
paid blfor. Janu.ry 18, 1996, the fir.t day aftar the end of tha taM ,an..ty parlod. This non-partlolpation
penalty Is -.pPHlab1a In the ..... .annar and in the tM .... ti.. period a. you would ~al the tax Wld Int.r..t
that ha. bean ......ad ., Indicat.d ~n thl. notlo..
Addltion.l p."".vlvanla Estat. Tax .......d .. . r.sult of II ohang. Otl th" Flder.1 Elt.t" 'aM olodng
1attlr bac~' d.llnquent ~t the 'Mplratlon of ana (1) eonth froe the d.t~ the final notl08 of the Incr....
In F.a".l E,tah TaM Is rao.lved.
TIM" whlC'lh be088I1 dal1nqueflt before Janu.ry 1, 19&2 b8er int.rnt at the rat. of .~x (6Xl paroent p.r aMUfI
oa1oul~t.d et . dally rato of .000164, All teK" whloh bae... dalinquant on or .fter Januer~ 1, 1982 will ba.r
int.r..t .t a rate whloh will vllr~ froe oalendar y.ar to ce1ander y.er with thet ~at. ennounoed by thl PA
Depertunt of R.....nu.. lha appllollbla Int.r..t rat.. for 1982 through 2000 ere:
'!!!! Interatt Ret. Deily Int.r..t hotor ~ Int.r..t Rete Dally Inter..t Feotor
'982 tor. .OOO5~6 1988-1991 11i! .00OSOl
1983 16i! .000458 1992 9Y- .000247
19M 11:< .000501 199!-1994 n .000192
1965 15X .000]56 1995~ 1998 9Y- .000247
'\9"6 lOX .000274 I.... n .000192
1917 .X .000247 2000 8X .000219
iii~RL"b1f' .1s811!lUb""8F.'rA~I\lI7~hD X NUN8ER OF DAYS DELINQUENT X DAILY INTEREST FACTOR
--An~ MoUoe h.ued efter tn. t'M NcOlM. dallnqu9nt will refl.ct Dtl Int.r..t ce1euhtJon to flftMtl (15) day,
bevond thl date of tn. ........nt. If p.yltent III .eda eft.r the lnterCllt cOIIPubtlon date shown on the
MoUall, eddltlon.l Int.r.nl ..u.t b. calouhted.