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Home My WebLink About99-0878IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 1 ORPHANS' COURT DIVISION INRE: (--(owccrc L. M~hn~~ _ Sf. ~ ~~S m~ I ~i q~1 NO.~ PRAECIPE To the Clerk of the Orphans' Court: 1-Pct fit. ~ cn'T c Y' y~t~r~y G{,~ p-ea rct rK.,2 1 V1 q~s.1 t - Cbr ~o~ ov~-~~ wta.'VY r _ By: Dateet~ / S Zv / Z Attorney's Signature: i"') .. ~"' ~~ ~ ~v Printed Name: J~~ ~- LJ~Yr~y~T1~-~~ ~~~ :r > " ~cn ~ Supreme Court ID No.: o~ ~ Cl ~ 2-~ ~: ~~~. ~ ~ ~'"' Address: 2 S' ~ ~~~ ~~ ~ C~cr2-~~sL~ ~ t~t3 ~. r Phone: ~C` ~~) (o3Z - ~~rJ" ~O C7 R _' C� �:�= �—� °?7 �� ' r' �-,� �J' ri-?T"', , � ^Tl�,- � �i r� .. �:}�_ ,. .. � ._,�`� �' � t j , , ' �� _'c "��: "� �_ IN THE MATTER OF : IN THE COURT OF COMMON ��5 OF"'� � � : CUMBERLAND COUNTY, PEN�§I�LVANPA �;,� HOWARD L. MANNING, JR., an : ORPHANS COURT DIVISION —r �'�' incapacitated person , : NO. 21 -99 -878 , � % : GUARDIANSHIP - INCAPACITAT�D PERSON � • • 1 PETITION FOR CHANGE OF GUARDIAN NOW comes petitioner, Barbara K. Carpenter, by her attorney, Harold S. Irwin, III, Esquire, and presents this petition for change of guardian of the person and estate of Howard L. Manning, Jr., • an incapacitated person, representing as follows: - 1. Petitioner is Barbara K. Carpenter, an adult individual residing at 22 East Street, Apartment 1, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. The incapacitated person is Howard L. Manning, Jr., born March 5, 1965 (age 49 years), residing at 22 East High Street, Apartment 1, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. _ 3. The incapacitated person was first diagnosed with tuberous sclerosis in 1967. Mental retardation is a common feature of this condition and the incapacitated person does suffer from mental retardation. � � , , , 4. As a result of this condition, Mr. Manning is an adult whose ability to receiv�and , evaluate information effectively and communicate decisions is impaired to such a significant extent that he is totally unable to manage is financial resources or to meet essential requirements for his physical health and safety. 5. Mr. Manning was adjudicated an incapacitated person by Order of this Court on October 20, 1999 after a hearing held before Judge J.Wesley Oler. A copy of that Order is incorporated herein and attached hereto as Exhibit "A". - I � : e _ 6. Mr. Manning's �ondition persists to this date and it cannot be said that 4he condition will be alleviated in the futurer resulting in the continuing need for a guardian of his person and estate indefinitely. 7. Mr. Manning resided with his court appointed guardian, Phyllis J. Wallace, for , approxim�tely five years after her appointment. However, in about 2004 or 2005, Mr. Mann'rhg � , went to live with petitioner and except for a brief period in a group home, has.continued to live with petitioner since that time. 8. Petitioner is an adult individual who is willing to serve as guardian of the person and estate of Mr. Manning, is qualified to do so under 20 Pa. C.S. Section 5511(f). 9. The following persons are the irrcapacitated person's next-of-kin: Barbara K. Carpenter (22 East Street, Apartment 1, Mt. Holly Springs, PA 17065—sister/petitioner), Linda A. Manning � (of 1001 Redwood Drive, Carlisle, PA 17013- sister)? Vanessa L. Brown (2820 Spring Road, � Carlisle, PA 17013- sister), and Phyllis J. Wallace (of 422 North West Street, Carlisle, PA 17013—sister):. - 10. The consent of the petitioner is incorporated herein and attached hereto as Exhibit "B". 11. Petitioner has no knowledge of any Court within this Commonwealth which has appointed a guardian for the alleged incapacitated person, except as stat�d above, 12. The alleged incapacitated person has no assets or income except for monthly SSI � income'of$1,1�59.00. His current guardian, Phyllis J. Wallace,'remains Mr: Manning's , designated payee, but each month releases his SSI income to petitioner for Mr. Manning's financial needs. 13. Petitioner has no interest adverse to the alleged incapacitated person and has agreed to act as guardian if this Honorable Court shall so appoint. � i � ., _. ._ WHEREFO�tE, petitioner respectfully requests this Honorable Court set a hearing at which the averments of this petitiora may be documented and the change of guardian for the alleged incapacitated person may be considered, with notice thereof to be given to such persons as this Court may direct. �' August 8, z014 � � �� ' �� : ' HAROLD S. I� WIN, 111 ' Attorney for'pe�i#ioner 64 South Pitt Street Carlisle, PA 17013 Supreme Court ID No. 29920 , � � , , � � EXHIBIT "A" IN THE MATTER OF . IN THE COURT OF COMMON PLEAS OF , . CUMBERLAND COUNTY, PENNSYLVANIA . ORPHANS' COURT DIVISION HOWARD L. MANNING, JR. . NO. 99-878 ORPHANS' COURT IN RE PETITION T� ADJUDICATE INCAPACITY AND APPOINT A GUARDIAN OF THE PERSON/ESTATE BEFORE OLER, J. OPINION AND FINAL DECREE OLER, J. , �ctober 20 , 1999 . At issue in the preserit r�gP �.� ��et�h�r '� ' .� �� "'�,„,�° Howard L. Manning, Jr. , should be adjudicated an incapacitated person, and, if so, whether his sister, Phyllis J. Wallace, should be appainted plenary guardian of his person and his estate. A hearing was held on the matter an October 20, 1999, before the undersigned judge . Based upon the evidence present,ed at the hearing, the following Findings of Fact , Disc�tssion and Final Decree are made and entered: FINDINGS OF FACT 1. . The allegedly incapacitated person is Howard L. Manning, Jr. , whose date of birth is March 5, 1965, and whose present residence is 338 North College Street , Carlisle, Cumberland County, Pennsylvania . 2 . Petitioner is Vanessa Lee Brown, an adult individual who resides at 2820 Carlisle Spring Road, Carlisle, Pennsylvania; Ms . Brown is �� sister of the allegedly incapacitated person. 3 . The allegedly in�apacita�ed person, Howard L. Manning, Jr. , suffers from a condition known as � tuberous sclerosis, which was fir�t diagnosed in 1967; mental reCardation is a comman feature of this condition, and the allegedly incapacitated person, unfortunately, suffers from mental retardation. 4 . As a result of the aforesaid condition, Mr. Manning is an adult WhOSP ability to receive an� evaluate infarmation 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 . The aforesaid condition �as persisted ' for a number of years. ��..` 6 . At this point, it cannot be said that Mr. Manning' s condition will be alleviated in the foreseeable future . 7 . Based upon the a��resaici cond�-ti�r�, t�e � Court finc�s that it is necessary to establish a plenary guardianship with respect to the person and estate of Mr. Manning. 8 . In view of the absence of a more favorable prognosis at this time, the duration of the guardianships required must be said �o be indefinite, .,"�` N,�., �, . :_�; �� , :;. � pending further Order of Court, and possibly permanent . 9 . Mr. Manning' s sister, Phyllis J. Wallace, who resides at 338 North College Street, Carlisle, Cumberland County, Pennsylvania, is an adult individual who is willing to serve as guardian of the person and estate of Mr. Manning, and whose siblings are in agreement with her appointment to this position. 9 . Ms . Wallace is an zndividual qu�],i ��.ec� , to be guardian of the person and estate of Mr. Manning under 20 Pa. C.S . Section 5511 (f) . 10 . It is the �ntention of the proposed ��° �, guardian to �rchase a certain residence with Mr. Manning, and she has agreed that he will not be removed as an owner of the said property without prior Order of Court . 11 . The foregoing Findings of'�.Fa�t are made on the basis of clear and convincing evidenc�� ,,„ DISCUSSION The provisions respecting an adjud�cation of � incapacity have been relative3y recently amended and are contained in 20 Pa . C.S. Sections 5501 et sect. The Petitioner has substantially complied with these ! provisions, and based upon the foregoing Findings of Fact , the following Final Decree will be entered: FINAL DECREE AND NOW, this 2��h ��y of October,� 1999, ,m� �r� � ,;=�?, i �' �_- upon consideration of the Petition To Adjudicate Incapacity and Appoint a Guardian of the Person/Estate in the above-captioned matter, and following a hearing held on October 20 , 1999, Howard L. Manning, Jr. , is adjudicated an incapacitated person, and his sister, Phyllis J. wallace, is appointed plenary guardian of his person and his estate . The guardian is directed to file reports in accordance with Che provisions of 20 Pa. C.S . Section 5521 (c} on each occasion that a report is due by statute . No bond shall be required of the guardian. The incapacitated person, Howard L. Manning, �. Jr. , �rohal� n�t be removed as owner of any real estate WYIlCYl �h -,�.,;,: . is or shall Y� held in his and the guardian' s name, without prior approval of the Court . NOTICE IS HEREBY PROVIDED to °�Mr. Manning and his Court-Appointed._,Counsel, Kathle�n Shaulis, Esquire, of his right to appeal an�d to"petition Co modi�y or terminate the guardianship created herein. By the Court , Ls/ J Wesley Oler Jr. J. Robert L. O'Brien, Esquire For the Petitioner Kathleen Shaulis, Esquire For Howard L. Manning, Jr. wcY � �_.. , _ �'!��'�' o,; ' ��r°,".� ��idu,�.. �q.��. , . _ By the Court, J. esley 0 , . , �— Robert L. O' Brien, Esquire For the Petitioner Kathleen 5haulis, Esquire For Howard L. Manning, Jr. wcy ,�: �� ;��, � � �, .�' � ��u� ��'uH��u�i��.- ��p � i,�� u ��r� ti a��1��'�' ��_�� rt�, � �o-µ� � ` °" I'� �,tlu4illl i x�'� ��I�INV..�HI�4.. . ��II;��; ._. _.yY'�';` ...,�.. . . IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA HOWARD L. MANNING, JR., an : ORPHANS COURT DIVISION incapacitated person : NO. 21 -99-878 : GUARDIANSHIP - INCAPACITATED PERSON CONSENT OF PROPOSED GUARDIAN I, Barbara K. Carpenter, do hereby certify that I am willing to act as guardian of the person of Howard L. Manning, Jr., if the Court shall so appoint me. Further, I do hereby certify that I am not a fiduciary of any estate in which the alleged incapacitated person has an interest, nor have I any interest adverse to him. The facts and opinions contained in this Consent and in the attached Petition herein are true and correct to the best of my knowledge, information and belief. � BARBARA K. CARPENTE Sworn to and subscribed before me this o� day of August, 20154. f.�.�.��=-`�-- ��"_ Notary Public '°.. `,��r EXHIBIT "B" . _ _ _._ _ __ _._., . _._ _ IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA HOWARD L. MANNING, JR., an :-ORPHANS COURT DIVISION incapacitated person : NO. 21 -99-878 : GUARDIANSHIP - INCAPACITATED PERSON 1 PRELIMINARY ORDER NOW, this `tday of/�� 2014, upon motion of Harold S. Irwin, III, Esquire, and upon consideration of the attached petition, a rule is issued upon Howard L. Manning, Jr. and Phyllis J. Wallace to show cause why Phyllis J. Wallace should not be removed as guardian of the person and estate of Howard L. Manning, Jr., and that Barbara K. Carpenter be appointed .as guardian of the person and estate of Howard L. Manning, Jr. A hearing/non this matter shall be held in Courtroom No. -�-of the Cumberland County Courthouse, on 2014, at Q'.?JC,) o'clockA-.m. At least days notice of the hearing shall be given to the next-of-kin listed in the petition by personal service or by regular and certified mail. e-CauF' , Thom, a., ?lacey J. Comrrtori pleas 7udge� .. . -- .... W-a'i7 G rte!? mrc � 7 ��1111 C V� ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: HOWARD L MANNING JR CUMBERLAND COUNTY PENNSYLVANIA NO. 21-99-0878 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 08/1312014 JUDGE'S INITIALS: TAP TIME STAMP DATE: 08/13/2014 IN RE: PRELIMINARY ORDER ............................................................................................................................ SERVICE TO: IRWIN LAW OFFICE, 64 S PITT ST, CARLISLE PA 17013 PHYLLIS 1 WALLACE,422 N WEST ST, CARLISLE PA 17013 VANESSA L BROWN,2820 SPRING RD, CARLISLE PA 17013 LINDA A MANNING. 1001 REDWOOD DR, CARLISLE PA 17013 BARBARA K CARPENTER 22 EAST ST APT 1, MT HOLLY SPRINGS PA 17065 METHOD OF MAILING: ENVELOPES PROVIDED BY: ® USPS ®PETITIONER ❑ RRR ❑JUDGE ❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 08/13/2014 ................................................................................................... SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑ USPS ❑ PETITIONER ❑ RRR ❑JUDGE ❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER_ MAILED: epuly Clerk of Orphans' url r IN THE MATTER OF . IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA HOWARD L. MANNING, JR. , . NINTH JUDICIAL DISTRICT an Incapacitated Person . ORPHANS ' COURT DIVISION . 21-99-878 ry � �� C _G L7 � IN RE: PETITION FOR CHANGE OF GUAR�I�N �_� � � ca f.-� n .r-h �� r-� —1 r n .:�J ORDER OF COURT �`' � ��,'i � � t`,� . _ � d ', z,:� AND NOW, this 8th day of October, 2014; fo��owing� � -zi a hearing on a Petition for Change of Guardian that was �made iri �=; ' r� �..._ the Opinion and Final Decree of the Honorable J. We�ley Ol��, t� � Jr. , dated 20 October 1999, it is ordered and directed that Phyllis J. Wallace shall remain as Guardian of the Estate of Howard L. Manning, Jr. , an incapacitated person. Further, as Guardian of the Estate, Phyllis J. Wallace shall provide on a quarterly basis an accounting of the use of the income monies to all siblings, and an annual accounting is to be filed with the Clerk of the Orphans ' Court . A first accounting shall be filed with the clerk and copied to the siblings within 90 days . Barbara K. Carpenter is appointed as Guardian of the Person of Howard L. Manning, Jr. , an incapacitated person. The Court notes that an improved banking and accounting method is needed so that the monies can be paid directly to providers and a debit card used for approved expenses that can be itemized in the required accounting. �.�.. r-- c� � � � By the Court, w _�� ..� c.3 : �� =- � . .�, � .. .. _ ,_.� i.., � _ � c.:3 : '> �.� �... � J '� cr`. Thomas A Placey C. P.J. r�,� c;�; � � -.�� w C;? C_'y �' � G£] l,tl �`� �– � � GL � � C.> c�, � r Harold S . Irwin, III, Esquire 64 South Pitt Street Carlisle, PA 17013 For Petitioner Linda A. Manning 1001 Redwood Drive Carlisle, PA 17013 Vanessa L. Brown 2820 Spring Road Carlisle, PA 17013 Phyllis J. Wallace 422 North West Street Carlisle, PA 17013 :mae : ORPHANS' COURT DIV[S[ON . COURT OF COMMON PLEAS OF In Re: HOWARD L MANNING JR . CUMBERLAND COUNTY . PENNSYLVANIA . N0. 21-99-878 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 10/08/14 JUDGE'S INITIALS: TAP TIME STAMP DATE: 10/10/14 IN RE: ORDER OF COURT ............................................................................................................................ SERVICE TO: IRWIN LAW OFFICE 64 S PITT ST CARLISLE PA 17013 LINDA A MANNING 1001 REDWOOD DR CARLISLE PA 17013;VANESSA L BROWN 2820 SPRING RD CARLISLE PA 17013; PHYLLIS J WALLACE 422 N WEST ST CARL[SLE PA 17013 BARBARA K CARPENTER 22 EAST ST APT 1 MT HOLLY SPGS PA 17065 METHOD OF MAILING: ENVELOPES PROV[DED BY: � USPS � PETITIONER ❑ RRR ❑ JUDGE ❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 10/13/l4 ............................................................................................................................ SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑USPS ❑ PETITIONER ❑ RRR ❑ JUDGE ❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: � � eputy Clerk f Orphans' Court