HomeMy WebLinkAbout01-10-11
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IN THE COURT OF COMMON PLEAS O~
CLERK OF CUMBERLAND COUNTY, PENNSYLVANIA
QRPN;~i~!'S C(~~~RT ORPHANS' COURT DIVISION
UP~>9REPl~~iC~ CC)., P~,
IN RE: TODD S. THOMAS, JR., : NO.: '~
an alleged incapacitated person
PETITION FOR iCATION OF ~''
INCAPACITY AND APPOINTMENT F'~i
A PLENARY GUARDIAN OF THE
ESTATE AND PERSON IN ACCORDAII~CT~
WITH 20 PA. C.S.A. X5511
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TO: THE HONORABLE, THE JUDGES OF THE SAID C(~L~T:
1. Petitioners aze Todd S. Thomas, Sr. and 'Z'al~iltha C. Thomas,
husband and wife, the natural parents and presumptive ac~ul~ heirs of Todd S.
Thomas, Jr., the alleged incapacitated person
2. The alleged incapacitated person, Todd S. Thbr~.ls, Jr., is a single
person (he has never married and has no children), nv~tp was born on
November 28, 1992, and is eighteen (18) years of age, a#~d resides with his
pazents, the Petitioners, at 80 Sunnyside Drive, Carlisle, Oberland County,
Pennsylvania 17015; the said Todd S. Thomas, Jr. has resic~e~'with his mother
and father, the Petitioners, since birth.
3. Petitioners aze both competent adult individu who reside at 80
Sunnyside Drive, Carlisle, Cumberland County, Pennsylvarkial, 1!7015.
4. Todd S. Thomas, Jr., the alleged incapacitalte~i person, suffers
from Pervasive Developmental Disorder with autistic fea#ures; Asperger's
~ A ~~s Aw~~ Disorder, and Mental Retazdation, as indicated in a Psychpl~gical Evaluation
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~nx~uso, e®aaf~,v~wn ~n¢s
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(stamped CONFIDENTIAL), dated November 3, 2010, by Rlobert A. Gordon,
M.Ed., C.A.G.S., which Psychological Evaluation will be pro~tided to the Court
at the hearing on this matter.
5. The alleged incapacitated person has no incor#~e
6. The alleged incapacitated person was neve~c ~ member of the
Armed Services and is not receiving benefits from The Ur~ite~d States Veterans
Administration. ''
7. The alleged incapacitated person is unable to I~ sign a Power of
Attorney, Advance Health Care Directive or any other dojcu~rients relating to
his personal affairs and j or health caze, because of his disabilities.
S. Because of his mental and physical condition's ar~d infirmities, the
alleged incapacitated person is unable to manage his fi~a~ucial affairs and
personal business and has extremely limited capaclty'I to make and
communicate responsible decisions relating thereto, includi$~g the ability to
communicate his need for assistance; he is unable to do an~ ~ersonal banking,
prepare food or perform normal household functions alnd duties without
assistance. He needs assistance with virtually all activities o~ c~~ily living and is
unable to consent to medical treatments, take medicines prescribed or
respond to instructions. In general, the alleged incapacitated arson has never
lived, nor will he ever be able to live, independently on his o~vm.
9. The severity of the alleged incapacitated persjon's mental and
physical condition necessitates that a Plenary Guardian o~ his person be
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appointed to handle all issues relating to the person of the a$e~ed incapacitated
person, specifically including, but not limited to, providing arnd arranging for
medical care, administration of medication, employment a~r-d dischazge of
physicians, dentists, nurses, therapists and other professio~-als that may be
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necessary for his physical and mental treatment and care. I~ is aaso necessary to
have such Plenary Guardian appointed in order to be able,, t~ discuss medical
conditions and the patient's needs pursuant to current F~e¢leral laws and
regulations which aze very restrictive and which prohibit) n~.edical personnel
from providing information as to his Gaze and conditi~n without such
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authorization. The severity of the alleged incapacitated p{~r~n s mental and
physical condition and infirmities also necessitates that a P~e~lry Guazdian of
his property, assets and estate be appointed, so as to e~a>~le Petitioners to
continue to handle routine, everyday financial matters on his behalf.
10. The proposed Guazdians aze Petitioners, Todd S. Thomas, Sr. and
Tabitha- G Thomas, who aze willing and able to serve as Pl~n~ary Guardians of
the alleged incapacitated person's person and estate.
11. Petitioners believe and, therefore, respectfully j a~er that it would
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be in the best interest of their son for them to be ap~o as Plenary
Guardians of the person and of the estate of the said Todd S.~',T~omas, Jr..
12 The proposed Guardians have no interest adv~er~e to the alleged
incapacitated person.
13. The said Todd S. Thomas, Sr. and Tabitha~ ~. Thomas have
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signed Consents to act in such capacities, which Consents ark attached hereto,
incorporated herein by reference and marked as IExhibit~ ~'E-1" and "B-2",
respectively.
14. No other Court has ever assumed jurisdiction ~ any proceeding
to determine the capacity of the alleged incapacitated person. I'~
15. No other Guardian(s) has/have ever been', a~pointed for the
estate or person of the alleged incapacitated person, who hajs been cared for his
entire life by Petitioners, his natural mother and father, Tbd~l S. Thomas, Sr.
and Tabitha C. Thomas.
16. Todd S. Thomas, Jr., the alleged incapacitated] pson, has one (1)
sibling, Mandy Nicole Thomas, age nineteen (19).
'tioners ra 'that our Honoral~l I Court award a
WHEREFORE, Peti p y y
Citation directed to Todd S. Thomas, jr., the alleged incap~ci~ated person, and
to such other persons as this Honorable Court may direct, inchding the sibling,
Mandy Nicole Thomas, to show cause why Todd S. Thomals, ~~r. should not be
adjudged an incapacitated person and Petitioners, Todd SI. '~'homas, Sr, and
Tabitha C. Thomas, appointed as Plenary Guardians of his ~pe~son and estate.
Dated:~~,~¢ ,2010. Respectfully submitted,
{~
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Todd S. Thomas, Sr.
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Tabitha C. o
Campbell and White, P.C
o White .
J
Attorneys far Petitioners
Attorney LD. #21506
112 Baltimore Street, Suite] 1'~
Gettysburg„ PA 17325-231
Telephone: (717) 3.34-9278 !,
Fay (T17) 334-1371
E-mail: jwhite~pa.net
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VERIFICATION
I verify that the statements made in the foregoing P~Hon are true and
correct. I understand that false statements herein are ~a~ie subject to the
penalties of 18 Pa. C.S. §4904, relating to unsworn falsificatidn ~o authorities.
•'
Todd S. Thomas, Sir. ''
Dated: ~<<~~/ ~O ,2010.
VERIFICATION
I verify that the statements made in the foregoing P~ti~ion are true and
correct. I understand that false statements herein are n~ac~e subject to the
penalties of 18 Pa. C.S. §4904, relating to unsworn falsification ~a authorities.
,,_f ~~ ~
Tabitha C. Thomas'' ~,
Dated: c . G ,2010.
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IN THE COURT OF COMMON PLEAS QF'
CUMBERLAND COUNTY, PENNSYLVAP~TI~
ORPHANS' COURT DIVISION
IN RE: TODD S. THOMAS, jR, : NO.:
an alleged incapacitated person
CONSENT OF TODD S. THOMAS, SRl
I, Todd S. Thomas, Sr., hereby consent to my appoini~n~nt and service
as the Plenary Guardian of the person and estate of my son, ~I'a~dd S. Thomas,
Jr., an alleged incapa//citated person.
Dated: t~b~ b _,2010.
Todd S. Thomas, S ., petitioner
Exhibit "B-1"
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IN THE COURT OF COMMON PLEAS OF!
CUMBERLAND COUNTY, PENNSYLVAI'KIJ~
ORPHANS' COURT DIVISION
IN RE: TODD S. THOMAS, JR., : NO.:
an alleged incapacitated person ',
CONSENT OF TABTTHA C. THOMASI ~I!
I, Tabitha G Thomas, hereby consent to my appoint~ne~t and service
as the Plenary Guazdian of the person and estate of my son, ~Ta~dd S. Thomas,
Jr., an alleged incapacitated person.
Dated 1a ~ti•br~ ~ . ,2010.
Exhibit "B-2"
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