HomeMy WebLinkAbout11-23-11 (3)IN THE MATTER OF
Justin Fisher,
An Alleged Incompetent
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2011- ~aS~
INCAPACITATED PERSON
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IN RE: PETITION FOR APPOINTMENT OF A GUARDIAN
OPINION AND ORDER OF COURT
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The present case is before the Court on the Petition of Robert L. O'Brien,
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Esquire, solicitor for the Cumberland/ferry Mental Health/Mental Retardation Office. It
is requested that Justin Fisher be adjudicated an incapacitated person, and that a
guardian 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.
2. The extent of the individual's capacity to make and communicate
decisions is severely limited by virtue of the aforesaid condition.
3. Notwithstanding that the allegedly incapacitated person enjoys the
support of the agency here involved and family members, the individual does need
guardianship services.
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 ~~ days from
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the date of this Order.
6. The proposed guardian, Mrs. Susan Carbaugh, has no interest adverse to
that of Justin Fisher.
As a consequence of the foregoing Findings of Fact, the following Order of Court
will be entered.
ORDER OF COURT
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AND NOW, this ~ day of November, 2011, based upon the Petition for
Appointment of a Temporary Guardian pursuant to 20 Pa. C.S.A. 5513, and following a
hearing, the Court finds by clear and convincing evidence that the allegedly
incapacitated person, Justin Fisher, 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, at least partially,
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
Susan Carbaugh is appointed guardian of his property and person for the purpose of
residential care and education and the laws and regulations pertaining thereto as well
as any other documents or decisions relating to his continued care. This Order shall
continue for thirty days from the date of this Order. The requirement of a bond is
waived. BY THE COURT,
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ROBERT L. O'BRIEN, ESQUIRE
Solicitor for Cumberland/ferry MH/MR
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: JUSTIN FISHER CUMBERLAND COUNTY
PENNSYLVANIA
NO. 11-1254
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 11 /23/ 1 I
JUDGE'S INITIALS: AHM
TIME STAMP DATE: 11/23/11
IN RE; ORDER OF COURT /OPINION AND ORDER OF COURT
SERVICE TO: ROBERT O'BRIEN
METHOD OF MAILING:
® LISPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 11/23/11
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
® CLERK OF ORPHANS COURT
SERVICE TO:
METHOD OF MAILING:
^ LISPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT