HomeMy WebLinkAbout12-23-13 . �
IN RE: THERESA TARANTO � �����
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IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
ORPHANS' COURT DIVISION
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21-2�3-1086 `-�' � c
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IN RE: PETITION TO ADJUDICATE INCAPACITY AND A�P..t�1�3T�ITj;;` ;=��;
OF A GUARDIAN �" � t�� � -�'� ' "
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OPINION ' `' ' =� �" �`"
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PLACEY, C.P.J., 23 DECEMBER 2013 -�w� --` �--� c��� ;�
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At issue in this present case is whether Theresa Taranto should be adjudicated
an incapacitated person on a permanent basis and if yes whether her parents, Steven
and Laura Taranto, should be appointed guardian of her person and estate. A hearing
was held in the matter on the 19 December 2013 in the Cumberland County
Courthouse, Carlisle, Pennsylvania. The alleged incapacitated person, Theresa
Taranto, was present for the hearing but declined when offered an opportunity to testify.
Ms. Taranto's court appointed counsel, Grace E. D'Alo, Esquire was present and
participated in the hearing.
Based on the evidence presented at the hearing the following findings of fact are
made:
1. The alleged incapacitated person is Theresa Taranto an adult individual
and domiciliary of Cumberland County, Pennsylvania who presently
resides at 61 Balfour Drive in Mechanicsburg.
2. Petitioners address is also 61 Balfour Drive, Mechanicsburg.
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3. Ms. Taranto suffers from various maladies including seizures, 22Q11.2
Deletion Syndrome, asthma as well as significant loss in hearing.
4. As a consequence of her condition, Ms. Taranto`s ability to receive and
evaluation information effectively and communicate decisions is impaired
to such a significant extent that she is totally unable to manage her
financial resources and totally unable to meet essential requirements for
her physical health and safety.
5. Ms. Taranto's estate consists of a bank account that has approximately
$16.00 in it, and she receives a monthly social security income of$475.00.
6. The prognosis for Ms. Taranto at the present time is that her condition will
see no improvement and it is not curable because of the gene deletions
that have occurred in her genetic makeup.
7. Ms. Taranto is in need of a plenary guardian of her person and estate.
8. The duration of the necessary guardianship must be considered at best
indefinite and for practical purposes permanently.
9. The proposed guardians, Steven and Laura Taranto, are appropriate to
serve as guardian of Theresa Taranto's person and estate and are
qualified to do so under the statute.
10. In the event that both Steven and Laura Taranto are no longer able to
serve as guardian due to death or incapacity, their daughter, who is Ms.
Taranto's older sister, Christine Taranto, is designated by agreement as
the alternate guardian.
11 . The foregoing findings of fact are made on the basis of clear and
convincing evidence.
DISCUSSION
The provisions affecting the adjudication of incapacity are contained in 20
Pa.C.S. § 5501 et seq. Petitioner has substantially complied with these provisions, and
based on the foregoing findings of fact, a court order has been entered adjudicating Ms.
Theresa Taranto's incapacity and appointing guardians and an alternate guardian.
BY T E COURT,
Thom s . Placey C.P.J.
Distribution:
Sheri D. Coover, Esq.
Grace E. D'Alo, Esq.
. : ORPHANS' COURT DIVISION
. COURT OF COMMON PLEAS OF
In Re: THERESA TARANTO . CUMBERLAND COUNTY
. PENNSYLVANIA
. N0. 21-13-1086
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 12/23/13
NDGE'S INITIALS: TAP
TIME STAMP DATE: 12/23/13
IN RE: OPINION
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SERVICE TO: SHERI D COOVER 44 S HANOVER STREET CARLISLE PA 17013
GRACE E D'ALO 530 GREASON ROAD CARLISLE PA 17015
METHOD OF MAILING: ENVELOPES PROVIDED BY:
�USPS �PETITIONER
❑RRR ❑JUDGE
❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 12/23/13
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SERVICE TO:
METHOD OF MAILING: ENVELOPES PROVIDED BY:
❑USPS ❑PETITIONER
�RRR ❑ JUDGE
❑HAND DELNERED ❑ CLERK OF ORPHANS COURT
❑OTHER
MAILED:
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Deputy
Clerk of Orphans' Co