HomeMy WebLinkAbout05-17-10IN RE: QUENTIN TYLER IN THE COURT OF COMMON PLEAS OF
AN ALLEGED INCAPACITATED CUMBERLAND COUNTY, PENNSYLVANIA
PERSON ORPHANS' COURT DIVISION
NO. 21-10-0291 ~,.,
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IN RE: PETITION TO ADJUDICATE AN INCAPACITATED ~ON `'-
TO APPOINT A PLENARY GUARDIAN OF HIS PERSON ANI'~-~~
BEFORE OLER J . "' ~-' _ ~ ' ~'
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ORDER OF COURT ~-~ `~ ~ ~ r~: r-~-.4
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AND NOW, this 11th day of May, 2010 upon
consideration of the Petition To Adjudicate an Incapacitated
Person and To Appoint a Plenary Guardian of His Person and
Estate, and following a hearing held on this date at. which
the allegedly-incapacitated person, Quentin Tyler, was
present, and at which the Petitioner was represented by Jane
Adams, Esquire, and at which evidence was presented by the
Petitioner in support of the petition, including the
testimony of Pediatrician Steven Krebs, M.D., and based upon
the Findings of Fact contained in the accompanying opinion,
the Court finds that the aforesaid Quentin Tyler is in an
incapacitated person, he is consequently adjudicated as
such, and his mother, Carol Tyler, the Petitioner, who
resides at 70 Fairview Street, Carlisle, Cumberland County,
Pennsylvania, 17013, is appointed plenary guardian of his
person and estate.
No bond shall be required of the guardian.
Quentin Tyler is hereby notified of his right
to appeal to the Pennsylvania Superior Court from the
adjudication of incapacity herein within 30 days of its
entry, and to petition at any time for a modification or a
termination of the order.
Jane Adams, Esquire
17 West South Street
Carlisle, PA 17013
For Petitioner
Michael Tyler, father
115 West Point Drive
Carlisle, PA 17013
Quentin Tyler
70 Fairview Street
Carlisle, PA 17013
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By the Court,
IN RE: QUENTIN TYLER IN THE COURT OF COMMON PLEAS OF
AN ALLEGED INCAPACITATED CUMBERLAND COUNTY, PENNSYLVANIA
PERSON ORPHANS' COURT DIVISION
NO. 21-10-0291
IN RE: PETITION TO ADJUDICATE AN INCAPACITATED PERSON AND
TO APPOINT A PLENARY GUARDIAN OF HIS PERSON AND ESTATE
BEFORE OLER J.
OPINION AND ORDER OF COURT
Oler J, May 11, 2010
At issue in the present case is whether
Quentin Tyler should be adjudicated an incapacitated person,
and, if so, whether his mother, Carol Tyler, should be
appointed plenary guardian of his person and estate. A
hearing was held in this matter on May 11, 2010. Th.e
allegedly incapacitated person was present for the hearing.
Petitioner was represented by Jane Adams, Esquire.
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
Quentin Tyler, an adult individual and domiciliary of
Cumberland County, Pennsylvania, who presently resides with
his mother, the Petitioner, Carol Tyler, at 70 Fairview
Street, Carlisle, Cumberland County, Pennsylvania.
2. Mr. Tyler was born on October 25, 1989,
and is currently 20 years old.
3. Petitioner is Carol Tyler, the
allegedly-incapacitated person's mother, an adult individual
residing at 70 Fairview Street, Carlisle, Cumberland County,
Pennsylvania.
4. The allegedly-incapacitated person has
the following diagnoses: Autism, Arnold Chiari
Malformation, Seizure Disorder, and Scoliosis; otherwise he
is in good health.
5. As a consequence of his condition,
Mr. Tyler's ability to receive and evaluate information
effectively and communicate decisions is impaired tc> 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. Mr. Tyler's estate is modest in value,
and his income is derived from Social Security benefits.
7. The prognosis for Mr. Tyler's improvement
at this time is not certain.
8. Mr. Tyler is in need of a plenary
guardian of his person and estate.
9. The duration of the necessary
guardianship must be considered to be at best indefinite.
10. Carol Tyler, the Petitioner, is
qualified to serve as such guardian, and has indicated her
willingness to do so.
11. The foregoing Findings of Fact are made
on the basis of clear and convincing evidence.
DISCUSSION
The provisions respecting an adjudication of
incapacity are contained in 20 Pa. C.S. Section 5501. et seq.
The Petitioner has complied with these provisions, and based
upon the foregoing Findings of Fact, the following C>rder of
Court will be entered:
ORDER OF COURT
AND NOW, this 11th day of May, 2010, upon
consideration of the Petition To Adjudicate an Incapacitated
Person and To Appoint a Plenary Guardian of His Person and
Estate, and following a hearing held on this date at which
the allegedly-incapacitated person, Quentin Tyler, was
present, and at which the Petitioner was represented. by Jane
Adams, Esquire, and at which evidence was presented by the
Petitioner in support of the petition, including the
testimony of Pediatrician Steven Krebs, M.D., and based upon
the Findings of Fact contained in the accompanying opinion,
the Court finds that the aforesaid Quentin Tyler is in an
incapacitated person, he is consequently adjudicated as
such, and his mother, Carol Tyler, the Petitioner, who
resides at 70 Fairview Street, Carlisle, Cumberland County,
Pennsylvania, 17013, is appointed plenary guardian of his
person and estate.
No bond shall be required of the guardian.
Quentin Tyler is hereby notified of his right
to appeal to the Pennsylvania Superior Court from the
adjudication of incapacity herein within 30 days of its
entry, and to petition at any time for a modification or a
termination of the order.
By the Court,
/s/ J. Wesley Oler, Jr., J.
J. Wesley Oler, Jr. , ~T.
Jane Adams, Esquire
17 West South Street
Carlisle, PA 17013
For Petitioner
Michael Tyler, father
115 West Point Drive
Carlisle, PA 17013
Quentin Tyler
70 Fairview Street
Carlisle, PA 17013
:mae
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: QUENTIN TYLER CUMBERLAND COUNTY
PENNSYLVANIA
N0.21-10-0291
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: OS/11/10
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 05/17/10
IN RE: ORDER OF COURT/OPINION AND ORDER
SERVICE TO: QUENTIN TYLER, MICHAEL TYLER, JANE ADAMS ESQ
METHOD OF MAILING:
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MAILED: 05/18/10
ENVELOPES PROVIDED BY:
^ PETITIONER
® JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO:
METHOD OF MAILING:
^ USPS
^ RRR
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MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
Depu
Clerk of Orphans' Court