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IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. ~I. QI-qOS
INCAPACITATED PERSON
JESSE RHONE
An Alleged Incompetent
"
ORDER OF COURT
AND NOW, this J t1.tday of (J c.Lw001, upon review of the
attached Petition, a hearing is scheduled in this matter for ~~e 02& ~ay
of ~2001, at /;30a.m.lp.m., in Courtroom#~, Cumberland County
. ---
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.....
Courthouse, Carlisle, Pennsylvania.
Personal service of this Order and accompanying Notice and Petition shall be
caused to be made upon the alleged incapacitated person by Petitioner in accordance
with the Probate, Estates and Fiduciaries Code. Notice shall also be given to all other
persons and entities required to be notified under the Code. Proof of service shall be
furnished at the above-scheduled hearing.
BY THE COURT,
J.
II
[I
\
IN THE MATTER OF
JESSE RHONE
An Alleged Incompetent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
INCAPACITATED PERSON
NOTICE
A petition to have you adjudged an incapacitated person has been filed
with this Court by Robert L. O'Brien, Esquire. A hearing is scheduled in this matter for
, the
day of
, 2001, at
a.m./p.m., in Courtroom
# _, Cumberland County Courthouse, Carlisle, Pennsylvania. You are strongly
encouraged to be present at the hearing, and you are warned that important rights may
be lost as a result of the proceeding. You have the right to be represented by counsel
and the right to request the appointment of counsel and to have counsel so appointed
paid by the Court where you are unable to afford to pay an attorney.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
i THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
IN THE MATTER OF
JESSE RHONE
An Alleged Incompetent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
INCAPACITATED PERSON
TO JESSE RHONE,
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with this Court to have you declared an
Incapacitated Person. If the Court finds you to be an Incapacitated Person, your
rights will be affected, including your right to manage money and property and to
make decisions.
A copy of the Petition which has been filed by Robert L. O'Brien is attached.
You are hereby ordered to appear at a hearing to be held in Courtroom No.
_, Courthouse, Carlisle, Pennsylvania, on , the _day of _
, 2001 , at _ _.M. to tell the Court why it should not find
you to be an Incapacitated Person and appoint a Guardian to act on your behalf.
To be an Incapacitated Person means that you are not able to receive and
effectively evaluate information and communicate decisions and that you are
unable to manage your money and/or other property, or to make necessary
decisions about where you will live, what medical care you will get, or how your
money will be spent.
At the hearing, you have the right to appear, to be represented by an attorney,
and to request a jury trial. If you do not have an attorney, you have the right to
request the Court to appoint an attorney to represent you and to have the
attorney's fees paid for you if you cannot afford to pay them yourself. You also
have the right to request that the Court order that an independent evaluation be
conducted as to your alleged incapacity.
If the Court decides that you are an Incapacitated Person, the Court may
appoint a Guardian for you, based on the nature of any condition or disability
and your capacity to make and communicate decisions. The Guardian will be of
your person and/or your money and other property and will have either limited or
full powers to act for you.
If the Court finds you are totally incapacitated, your legal rights will be
affected and you will not be able to make a contract or gift of your money or
other property. If the Court finds that you are partially incapacitated, your legal
rights will also be limited as directed by the Court.
If you do not appear at the hearing (either in person or by an attorney
representing you) the Court will still hold the hearing in your absence and may appoint
the Guardian requested.
By:
IN THE MATTER OF
JESSE RHONE
An Alleged Incompetent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
INCAPACITATED PERSON
PETITION FOR APPOINTMENT
OF A PERMANENT GUARDIAN
OF THE PERSON PURSUANT
TO 20 PA. C.S.A. 5511
1 ) Your Petitioner is Robert L. O'Brien, Esquire, Solicitor for the
Cumberland/Perry Counties Mental Health/Mental Retardation Office.
2) Respondent is Jesse Rhone, an incapacitated person, currently receiving
care at 37 Subdivision Road, Newville, PA, 17241. Respondent is an adult individual
being presently 19 years of age with a birth date of 9/21/81. Attached hereto, marked
as Exhibit "A", and incorporated herein by reference is a Petition prepared by the
Cumberland County MH/MR Office.
3) Petitioner requests that the Court appoint Mrs. Karen Winter, as a
permanent guardian to insure the continuation and availability of care and treatment
for Respondent. The proposed guardian has no interest adverse to that of
Respondent. Petitioner avers that Jesse Rhone suffers from a condition of mental
retardation and that said condition will never improve to the point of competency.
4) Jesse Rhone has no assets and his income consists of social security
benefits.
5) Jesse Rhone's next of kin are Mrs. Karen Winter, his mother, who resides
at 37 Subdivision Road, Newville, PA, 17241.
'I
II
I
I
I
6) Attached hereto and incorporated herein are reports outlining his physical
and psychological condition.
WHEREFORE, Petitioner, Robert L. O'Brien, respectfully requests that the Court
order that Respondent Jesse Rhone be adjudged an incapacitated person and that
Mrs. Karen Winter be appointed as Plenary Guardian of Jesse Rhone estate and
person.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
,
BY K-~
Robert L. O'Brien, Esquire
Solicitor for the Cumberland County
MH/MR Office
1.0. # 28351
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
J esse Rhone
AN ALLEGED INCOMPETENT
ORPHANS' COURT DIVISION
IN RE NO.
PETITION FOR APPOINTMENT OF A
TEMPORARY GUARDIAN OF THE PERSON
PURSUANT TO 20 Pa. C.S.A. 5513
The Petition of
Jesse Rhone
, respectfully represents:
1.
Your Petitioner is
Mrs. Karen Winter
6.
Those persons, if any, who are
J esse Rhone's
next-of-kin
and their relationship to same, of whom your Petitioner has knowledge are as
follows:
Mrs. Karen Winter
Exhibi t "A"
7. No other Court within the Commonwealth of which Petitioner has knowledge has
8.
9.
appointed a guardian for
Jesse Rhone
Because of mental deficiency,
J esse Rhone
is mentally retarded.
Jesse Rhone
lacks
sufficient capacity to make or communicate responsible decisions concerning his/her
person as set forth in the attached Affidavit prepared by
marked as Exhibit A and made a part hereof.
10.
Jesse Rhone
is in need of residential mental retardation
servIces.
11.
J esse Rhone
has been accepted for placement
in the Person/Family Directed Support Waiver
upon the
condition that a guardian of the person be appointed to consent to said placement on
his/her behalf.
Mrs. Winter
J esse Rhone
, having no interest adverse to
, has agreed to act as Guardian of the Person of
12.
J esse Rhone if this Honorable Court shall so appoint.
WHEREFORE, Petitioner prays this Court place J esse Rhone
under the temporary guardianship of Mrs. Karen Winter , pursuant to 20
Pa. C.S.A. S 5513 and empower said temporary guardian to provide substitute consent for such
community-based or institutional services as may be necessary to provide for his/her needs.
BY:
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
COUNTY,PENNSYLV~
J esse Rhone
AN ALLEGED INCOMPETENT
ORPHANS' COURT DNISION
IN RE NO.
COMMONWEALTH OF PENNSYLV ~
SS#:
COUNTY OF
, being duly sworn according to law, deposes
and say that:
1. He is a licensed, practicing physician who is employed at
where on
, he examined patient therein:
viz: (Name)
J esse Rhone
, (Age)
19
(Sex) Male
, who was admitted from 37 Subdivision Road. Newville. P A
17241 ,on
June 6 , 2001 , with a history of
mental retardation
At the examination, the following symptoms were observed:
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
COUNTY,PENNSYLV~
J esse Rhone
AN ALLEGED INCOMPETENT
ORPHANS' COURT DNISION
IN RE NO.
CITATION
TO:
We command you to appear at a Hearing in Orphans' Court of
County, to be held at
at
to show cause why you should not be adjudged incompetent to choose
between community-based and institutional services for the mentally retarded, and a temporary
guardian appointed for your person.
Citation Returnable the _ day of
WITNESSETH:
The Honorable
, President Judge of said
Court, sitting in the Orphans' Court this
Day of
CLERK OF THE ORPHANS' COURT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
AFFIDA VIT
Mrs. Karen Winter
, Petitioner in
this matter, being duly sworn according to law, do depose and state that I am
Mrs. Karen Winter
of:31 ~lDdfl/(.5 ItJVl7<d NP(J.)l} .JlrJ.. ~ 17zttibd that
the facts set forth in the foregoing Petition are true and correct to the best of my knowledge,
information, and belief.
tX~)~
Petitioner
SWORN TO AND SUBSCRIBED BEFORE
ME, TIfIS
d5
DAY OF
, 2()Z) / .
Z
ARY PUBLIC
, I 0 . NOTARIAl SEAl
i "- rrarne E. Sans~ Not.ry
i Carlisle, Cumber1~ PJA)Ic
,l_~~y-Commiss;on ExpIres ~ 2003
- -, -..{ . 7 (~/
L.. J L CJ-{ <-. /
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
COUNTY,PENNSYLV~
J esse Rhone
AN ALLEGED INCOMPETENT
ORPHANS' COURT DIVISION
IN RE NO.
COMMONWEALTH OF PENNSYL V ~
SS#:
COUNTY OF
~l~\ c. \-.L~~~
\M.. '0 , being duly sworn according to law, deposes
and say that:
1. ~He is a licensed, practicing physician who is employed at ( a'lr' \ \ ';) UL
~ e ~ a. -+n~ c:.
~ "S. 0 c i: ot -k.-s. ,
where on \"\ lA v~ & \l.-oo) , he examined patient therein:
viz: (Name)
J esse Rhone
" (Age)
19
(Sex) Male
, who was admitted from 37 Subdivision Road. Newville. PA
'1 7241 , on
June 6 , 2001 , with a history of
mental retardation ) 5 f . CL ",.k c- <i~ l C< J...-, r I-.l2J"o,
~~ S~~L, ~~~q (OfCL-tk-U-l
J
At, the examination, the following symptoms were observed:
\) "'-4<. ~ \.L- -tv
~..~("v'--\
t>vv~
l
C\.~ V\.(~~
C1.~~u\cd-e \ ~~\..C
~
l^vr
s-e (~ - Ca..v~
W~\c\A.o(;- -
~~ ~'--'*
5-hH ~
o V\. o~
~'~-s
-C.~r- ~.cL ~ I
.
'S ~~ c
~VU:Qf~ot le 'e~ fiJ~
~~l.s~~( :kJ"j
V CL~~ -
s fCL S~L- ~ r,( Ct~' () -{' 3 \Ct )
~JY~ ib<JVL ~
( 1. V\ ""- c...\;~ 4- ~ CC<.1 r~ ~~~ 14 ~Vt"c
\
from which the diagnosis made is:
with a prognosis as follows:
u....o
~Gk~~
~
C:-LJ
~ ...~JYb I..\f:- ,'\.;~i .:
,
2. On the basis of the foregoing history and examination, the affiant is of the opinion
that
Jesse Rhone
, because of mental deficiency, lacks
sufficient capacity to make or communicate responsible decisions concerning his/her
choice to receive community-based or institutional services for the mentally retarded.
3. Because of the physical or mental condition of said patient, his/her welfare
would/would not be promoted by his/her presence in Court.
~~ ~
SWORN TO AND SUBSCRIBED
BEFORE ME THIS d5t1J DAY
OF .:JU/r ,~
~I~~
Notarial Seal
Joan L. Stouffer, Notary Public
Carlisle Boro,Cumberland County
My Commission Expires Nov. 9, 2003
Member, Pennsylvania Association ot Notaries
" .
Jesse Rhone,
An Alleged Incompetent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
IN THE MATTER OF
NO. 21-2001- CfoS"
INCAPACITATED PERSON
IN RE: PETITION FOR APPOINTMENT OF A GUARDIAN
OPINION AND ORDER OF COURT
BEFORE GEORGE E. HOFFER. P. J.
The present case is before the Court on the Petition of Robert L. O'Brien,
Esquire, solicitor for the Cumberland/Perry Mental Health/Mental Retardation Office. It
is requested that Jesse Rhone be adjudicated an incapacitated person, and that a
Plenary Guardian of his Estate and Person be appointed. Following a hearing, the
following Findings of Fact and Order of Court are made and entered:
FINDINGS OF FACT
1. The allegedly incapacitated person suffers from mental retardation and
has so suffered from a very young age. In addition he has numerous physical problems
related to the onset of spinal meningitis at about a month and a half after his birth. He
suffers from spastic quadriplegia, static enchalopathy and is unable to perform any self
care.
2. The extent of the individual's capacity to make and communicate
decisions is severely limited by virtue of the aforesaid condition. An independent
evaluation by a qualified mental health professional was performed and it was
determined that he was incapable of knowing or consenting to the appointment of a
Guardian.
3. Notwithstanding that the allegedly incapacitated person enjoys the
support of the agency here involved and family members, the individual does need
guardianship services. The appointment will facilitate the provision of current and
additional services for Jesse and his family.
4. The type of guardian required is a one of both the person and the estate.
5. The duration of the guardianship involved shall be permanent or until
modified by a subsequent Order.
6. The proposed guardian, Karen Winter, has no interest adverse to that of
Jesse Rhone.
As a consequence of the foregoing Findings of Fact, the following Order of Court
will be entered.
ORDER OF COURT
AND NOW, this 28th day of November, 2000, based upon the Petition for
Appointment of a Guardian pursuant to 20 Pa. C.S.A. 5511, and following a hearing,
the Court finds by clear and convincing evidence that the allegedly incapacitated
person, Jesse Rhone, is an incapacitated person in that, because of mental retardation,
he is unable to receive and evaluate information effectively and communicate decisions
sufficiently, and to such a degree that he is unable to manage his financial resources or
to meet the essential requirements for his physical health and safety. He is, therefore,
adjudicated an incapacitated person, and Karen Winter, is appointed Plenary Guardian
of his Estate and Person, which appointment shall continue unless modified by a
subsequent Order of this Court. The requirement of a bond is waived and the Guardian
shall not be required to file reports pursuant to Section 5521 (c).
cc:
ROBERT L. O'BRIEN, ESQUIRE
Solicitor for Cumberland/Perry MH/MR
rob/mhmr/rhone.ord
. ..
IN RE: JESSE RHONE
AN ALLEGED INCOMPETENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
: NO. 21-01-905
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the Court to have you declared an Incapacitated Person. If the
Court finds you to be an Incapacitated Person, your rights will be affected, including our right to manage
money and property and to make decisions. A copy of the petition which has been filed by ROBERT L.
O'BRIEN, ESQUIRE, is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. ~, Cumberland
County Courthouse, Carlisle, Pennsylvania, on NOVEMBER 28th , 20~, at --.!i 30 P. M. to
tell the Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on
your behalf.
To be an incapacitated Person means that you are not able to receive and
effectively evaluate information and communicate decisions and that you are unable to
manage your money and/or other property, or to make necessary decisions about where
you will live, what medical care you will get, or how your money will be spent.
At the hearing, you have the right to appear, to be represented by an attorney, and
to request a jury trial. If you do not have an attorney, you have the right to request the
Court to appoint an attorney to represent you and to have the attorney's fees paid for you
if you cannot afford to pay them yourself. You also have the right to request that the
Court order that an independent evaluation as to your alleged incapacity.
If the Court decides that you are an Incapacitated person, the Court may appoint a
Guardian for you, based on the nature of any condition or disability and your capacity to
4'
make and communicate decisions. The Guardian will be of your person and/or your
money and other property and will have either limited of full powers to act for you.
If the court finds you are totally incapacitated, your legal rights will be affected
and you will not be able to make a contract or gift of your money to other property. If the
court finds that you are partially incapacitated, your legal rights will also be limited as
directed by the Court.
If you do not appear at the hearing (either in person or by an attorney representing you)
the court will still hold the hearing in your absence and may appoint the Guardian requested.
By:
Clerk, hans' ourt Division
Cumberland C nty, Carlisle, P A
My Commission Expires 1 st Monday,
January, 2002
DATED: OCTOBNER 3, 2001
. -.
IN RE: JESSE RHONE
AN ALLEGED INCOMPETENT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
: NO. 21-01-905
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the Court to have you declared an Incapacitated Person. If the
Court finds you to be an Incapacitated Person, your rights will be affected, including our right to manage
money and property and to make decisions. A copy of the petition which has been filed by ROBE~l L.
O'BRIEN, ESQUIRE, is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. 2-, Cumberland
County Courthouse, Carlisle, Pennsylvania, on NOVEMBER 28th , 20~, at ---l: 30 P.M. to
tell the Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on
your behalf.
To be an incapacitated Person means that you are not able to receive and
effectively evaluate information and communicate decisions and that you,are unable to
manage your money and/or other property, or to make necessary decisions about where
you will Ii ve, what medical care you will get, or how your money will be spent.
At the hearing, you have the right to appear, to be represented by an attorney, and
to request a jury trial. If you do not have an attorney, you have the right to request the
Court to appoint an attorney to represent you and to have the attorney's fees paid for you
if you cannot afford to pay them yourself. You also have the right to request that the
Court order that an independent evaluation as to your alleged incapacity.
If the Court decides that you are an Incapacitated person, the Court may appoint a
Guardian for you, based on the nature of any condition or disability and your capacity to
make and communicate decisions. The Guardian will be of your person and/or your
money and other property and will have either limited of full powers to act for you.
If the court finds you are totally incapacitated, your legal rights will be affected
and you will not be able to make a contract or gift of your money to other property. If the
court finds that you are partially incapacitated, your legal rights will also be limited as
directed by the Court.
If you do not appear at the hearing (either in person or by an attorney representing you)
the court will still hold the hearing in your absence and may appoint the Guardian requested.
By:
Clerk, 0 hans'
Cumberland Co ty, Carlisle, P A
My Commission Expires 1st Monday,
January, 2002
DATED: OCTOBER 3, 2001
NonFICA nON OF MENTAL HEALTH COMMITMENT ;001- q ()~ C
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INVOLUNTARY COMMITMENT
OCT~OO1
ADJUDICATED INCOMPETENT X
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INVOLUNTARY COMMITMENT
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INDIVIDUAL INFORIIA noN (II)MDUAL INOUMAM. Y CCIMmD ORAOAJDICA1'IDINOCIJI .._all)
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EXHIBIT -
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