HomeMy WebLinkAbout03-04-11IN RE: TODD S. THOMAS, IN THE COURT OF COMMON PLEAS OF
JR., an alleged CUMBERLAND COUNTY, PENNSYLVANIA
incapacitated person NO. 21-2011-0046
IN RE: PETITION FOR ADJUDICATION OF INCAPACITY AND
APPOINTMENT OF A PLENARY GUARDIAN OF THE ESTATE AND PERSON
IN ACCORDANCE WITH 20 PA.C.S.A. SECTION 5511
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BEFORE OLER, J . ~' ~ ~ ~~-~ ',
ORDER OF COURT ~~ ~y ~' ' ~ `~
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AND NOW, this 1st day of March, 2011, ugoi7~=~ ~.~ __T :_~
consideration of the Petition for Adjudication of incapacity ~~~
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and Appointment of a Plenary Guardian of the Estate and
Person in Accordance with 20 Pa.C.S.A. Section 5511, and
following a hearing on this date, at which the
allegedly-incapacitated person, Todd S. Thomas, Jr., was
present, and at which evidence was presented in support of
the petition, and based upon the Findings of Fact contained
in the accompanying opinion, the Court finds that the
aforesaid Todd S. Thomas, Jr., is an incapacitated person,
he is consequently adjudicated as such, and Todd S. Thomas,
Sr., and Tabitha C. Thomas, his parents, are hereby
appointed plenary co-guardians of his person and estate.
No bond shall be required of the guardians, but
the guardians are directed to file in a timely basis with
the Court all reports and accounts required by statute.
Todd S. Thomas, Jr., is hereby notified of his
right to appeal to the Pennsylvania Superior Court from the
adjudication of incapacity herein within 30 days of its
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entry, and to petition at any time for a modification or a
termination of the order.
By the Court,
John R. White, Esquire
Campbell and White, P.C.
112 Baltimore Street
Suite 1
Gettysburg, PA 17325
For Petitioners
Todd S. Thomas, Jr.
80 Sunnyside Drive
Carlisle, PA 17015
Alleged incapacitated person
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IN RE: TODD S. THOMAS, IN THE COURT OF COMMON PLEAS OF
JR., an alleged CUMBERLAND COUNTY, PENNSYLVANIA
incapacitated person NO. 21-2011-0046
IN RE: PETITION FOR ADJUDICATION OF INCAPACITY AND
APPOINTMENT OF A PLENARY GUARDIAN OF THE ESTATE AND PERSON
IN ACCORDANCE WITH 20 PA.C.S.A. SECTION 5511
BEFORE OLER, J.
OPINION AND ORDER OF COURT
Oler J, March 1, 2011.
At issue in the present case is whether Todd S.
Thomas, Jr., should be adjudicated an incapacitated person,
and, if so, whether co-guardians of his person and estate
should be appointed on a permanent plenary basis in the
persons of his parents. A hearing was held in this matter
on March 1, 2011. 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 Todd S.
Thomas, Jr., an adult individual who was born on November
28, 1992, and resides with the Petitioners, his parents, at
80 Sunnyside Drive, Carlisle, Cumberland County,
Pennsylvania, 17015;
2. The Petitioners are Todd S. Thomas, Sr., and
Tabitha C. Thomas, the natural parents of Todd S. Thomas,
Jr.; they reside at 80 Sunnyside Drive, Carlisle, Cumberland
County, Pennsylvania, 17015;
3. The allegedly-incapacitated person has
conditions in the form of a very mild Mental Retardation and
Asperger's Disorder;
4. As a consequence of these conditions,
Mr. Thomas's ability to receive and evaluate information
effectively and communicate decisions is impaired to 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;
5. Mr. Thomas's estate does not appear to be of
significant value;
6. Mr. Thomas is in need of a plenary guardian of
his person and estate;
7. The duration of the necessary guardianship
must be considered to be at best indefinite at this time;
8. Petitioners are individuals qualified to serve
as guardians of the person and estate of Mr. Thomas, and
unquestionably have his best interests at heart;
9. 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. Sections 5501
et seq. The Petitioners have complied with these
provisions, and based upon the foregoing Finding of Fact,
the following Order of Court will be entered:
ORDER OF COURT
AND NOW, this 1st day of March, 2011, upon
consideration of the Petition for Adjudication of Incapacity
and Appointment of a Plenary Guardian of the Estate and
Person in Accordance with 20 Pa.C.S.A. Section 5511, and
following a hearing on this date, at which the
allegedly-incapacitated person, Todd S. Thomas, Jr., was
present, and at which evidence was presented in support of
the petition, and based upon the Findings of Fact contained
in the accompanying opinion, the Court finds that the
aforesaid Todd S. Thomas, Jr., is an incapacitated person,
he is consequently adjudicated as such, and Todd S. Thomas,
Sr., and Tabitha C. Thomas, his parents, are hereby
appointed plenary co-guardians of his person and estate.
No bond shall be required of the guardians, but
the guardians are directed to file in a timely basis with
the Court all reports and accounts required by statute.
Todd S. Thomas, Jr., 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. Wesley Oler, Jr., J.
John R. White, Esquire
Campbell and White, P.C.
112 Baltimore Street
Suite 1
Gettysburg, PA 17325
For Petitioners
Todd S. Thomas, Jr.
80 Sunnyside Drive
Carlisle, PA 17015
Alleged incapacitated person
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: TODD S THOMAS, JR CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-11-0046
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE:
IN RE: ORDER OF COURT
SERVICE TO: JOHN R WHITE
TODD S THOMAS JR
METHOD OF MAILING:
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MAILED: 3/07/11
ENVELOPES PROVIDED BY:
^ PETITIONER
® JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO:
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
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Deputy
Clerk of Orphans' Court