HomeMy WebLinkAbout02-23-06
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
DOUGLAS ANDREW JONES
An alleged incapacitated
Person
NO. 21-06-12
IN RE: PETITION FOR APPOINTMENT OF CO-GUARDIANS OF THE
PERSON AND ESTATE OF AN ALLEGEDLY INCAPACITATED PERSON
BEFORE OLER, J.
OPINION and ORDER OF COURT
Oler J., February 17, 2006.
At issue in the present case is whether
Douglas Andrew Jones should be adjudicated an incapacitated
person on a permanent basis and, if so, whether Mr. Jones's
mother and step-father should be appointed plenary
co-guardians of his person and estate. A hearing was held
on this matter on February 17, 2006.
The allegedly incapacitated person was
represented at the hearing by Karl E. Rominger, Esquire.
Mr. Jones was not himself present at the hearing, but his
presence was waived by his counsel.
For the reasons stated in this opinion, the
petition for appointment of permanent co-guardians of the
person and estate of Douglas Andrew Jones will be granted,
and the aforesaid mother and step-father will be appointed
plenary c9-guardians of his person and estate.
STATEMENT OF FACTS
("~ ~' (
1. The allegedly incapacitated person lS
Douglas Andrew Jones, born February 26, 1987, and a
domiciliary of Cumberland County, who is presently residing
at a group home at 489 Meadowvale Drive, Cheswick,
Pennsylvania.
2. Petitioners are Debra L. Novinger and
Todd M. Novinger, the mother and step-father respectively of
the allegedly incapacitated person, Douglas Andrew Jones.
The Petitioners reside at 6295 Haydon Court, Mechanicsburg,
Cumberland County, Pennsylvania, 17050.
3. The proposed co-guardians, as indicated
above, are Douglas Andrew Jones's mother and step-father,
having been married on October 14, 1999.
4. Douglas Andrew Jones, the allegedly
incapacitated person, has conditions of mental retardation,
Fragile-X Syndrome, Attention Deficit Hyperactivity
Disorder, Pervasive Development Disorder, Anxiety Disorder,
Seasonal Affective Disorder, and Seizure Disorder.
5. Mr. Jones's condition is such that his
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.
6. There is no indication at the present
time that the allegedly incapacitated person's condition
.
will significantly improve.
7. The estate of the allegedly incapacitated
person is presently negligible, but he does receive Social
Security Disability benefits.
8. The allegedly incapacitated person is in
need of a plenary guardian of his person and his estate.
9. The duration of the necessary
guardianships must be considered at best indefinite, and,
for practical purposes, permanent.
10. Debra L. Novinger and Todd M. Novinger,
the mother and step-father of the allegedly incapacitated
person, are qualified to serve as co-guardians of the
subject's person and estate under 20 Pa. C.S. Section
5511(f).
11. 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. Section 5501 et seq.
The Petitioners have substantially complied with these
provisions, and based upon the foregoing Findings of Fact
the following Order of Court will be entered:
ORDER OF COURT
AND NOW, this 17th day of February, 2006,
upon consideration of the Petition of Debra L. Novinger and
r
Todd M. Novinger for Appointment of a Plenary Guardian of
the Person and Estate of Douglas Andrew Jones, following a
hearing at which the allegedly incapacitated person was
represented by Karl E. Rominger, Esquire, and for the
reasons stated in the accompanying opinion, Douglas Andrew
Jones is adjudicated an incapacitated person, and Debra L.
Novinger and Todd M. Novinger, his mother and step-father,
are appointed permanent plenary co-guardians of his person
and estate.
No bond shall be required of the
co-guardians.
The allegedly incapacitated person is
notified of his right to appeal from the Order of Court
entered herein within 30 days of today's date, and to
petition at any time for a modification or termination of
the guardianship appointment.
By the Court,
Isl J. Wesley Oler, Jr.,
J. Wesley Oler, Jr., J.
Lindsay Gingrich Maclay, Esquire
1029 Scenery Drive
Harrisburg, PA 17109
For Petitioners
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
For Douglas Andrew Jones
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