HomeMy WebLinkAbout08-30-12 (2)IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
THEODORE THOMAS MINER THE NINTH JUDICIAL DISTRICT
an alleged incapacitated ORPHANS' COURT DIVISION
person NO. 21-12-0753
IN RE: PETITION TO ADJUDICATE AN INCAPACITATED PERSON
AND TO APPOINT PLENARY GUARDIAN OF HIS ESTATE AND PERSON
BEFORE THOMAS A. PLACEY, C.P.J.
IN RE: OPINION
August 27, 2012
At issue in the present case is whether Theodore
Thomas Miner shall be adjudicated an incapacitated person on
a permanent basis and whether his wife, Geraldine L. Miner
and adult son, Michael W. Miner, should be appointed plenary
guardians of his person and estate. A hearing was held on
the 27th of August, 2012. Theodore Thomas Miner was present
together with counsel, Mark F. Bayley, Esquire, who
participated in the hearing. Based on the evidence
presented at the hearing, the following Findings of Fact are
made and entered:
FINDINGS OF FACT
1. The alleged incapacitated person is Theodore
Thomas Miner, an adult individual, resident of Cumberland
County, who currently resides at the Woods at Cedar Run.
2. Petitioners are Geraldine L. Miner and Michael
W. Miner.
3. The alleged incapacitated person suffers from
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progressive deteriorative cognitive problems, specifically
Alzheimer's. As a consequence of his condition, Mr. Miner's
ability to receive and evaluate information effectively and
communicate decisions is impaired to such a significant
extent that he is unable to manage his financial resources
and meet the essential requirements for his physical health
and safety.
4. Mr. Miner's estate consists of jointly-held
property, a home, cars, other personal property, together
with income from Social Security in excess of $1,700 a
month, pension in excess of $600 a month, and a 401-K
retirement plan.
5. The prognosis for Mr. Miner is unfavorable at
the present time.
6. Mr. Miner is in need of a plenary guardian of
his person and estate. The duration of the guardianship
must be considered at best indefinite, and for practical
purposes permanent.
7. The proposed guardians, Geraldine L. Miner of
7 Riddle Road, Camp Hill, PA, and Michael W. Miner of 3400
Willow Wind Drive, Pfafftown, North Carolina, are
appropriate to serve as guardians of Mr. Miner's person and
estate, and are qualified under the statute to do so.
8. The foregoing Findings of Fact are made on the
basis of clear and convincing evidence.
The provisions respecting adjudication of
incapacity are contained in Title 20 of the Pennsylvania
Consolidated Statutes, Sections 5501 and continuing. The
Petitioners have substantially complied with these
provisions, and based on the foregoing Findings of Fact, a
court order has been entered granting the Petition.
By the Court,
...--r'``f f
Thomas A. Lacey C.P.J.
Mark E. Halbruner, Esquire
1013 Mumma Road
Suite 100
Lemoyne, PA 17043
For Petitioners
Mark F. Bayley, Esquire
17 West South Street
Carlisle, PA 17013
For Theodore Thomas Miner
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: THEODORE THOMAS MINER CUMBERLAND COUNTY
PENNSYLVANIA
NO. 2 I - 12-0753
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 8/27/12
JUDGE'S INITIALS:
TIME STAMP DATE: 8/30/12
IN RE: OPINION
............................................................................................................................
SERVICE TO: MARK F BAYLEY
MARK E HALBRUNER
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 8/3I/12
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