HomeMy WebLinkAbout83-301 OrphansIN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
JASON M. VONHAUSER : 21-83-301 ORPHANS' COURT
~ ORDER OF COURT
AND NOW, this 10th day of October, 1995, upon
consideration of the Petition for Adjudication of Incapacity and
Appointment of Plenary Guardian of the Estate and Person in
Accordance with 20 Pa. Cons. Stat. Section 5511, and following a
hearing, Jason M. Vonhauser is adjudicated an incapacitated
person, and his parents, Jeanette F. Vonhauser and James R.
Vonhauser, are appointed plenary co-guardians of his person and
his estate. The guardians are directed to file reports in
accordance with provisions of 20 Pa C.S. Section 5521(c). No
bond shall be required of the guardians.
Notice is hereby provided to Jason M. Vonhauser
of his right to appeal and to petition to modify or terminate
the guardianship.
MURREL R. WALTERS, III, ESQUIRE
For the Petitioners
JASON M. VONHAUSER
4 Hickory Place
Camp Hill, PA 17011
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IN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
JASON M. VONHAUSER : 21-83-301 ORPHANS' COURT
IN RE: ~ETITION FOR GUARDIANSHIP
BEFORE OLER, J.
OPINION AND ORDER OF COURT
OLER, J.
At issue in the present case is whether Jason M.
Vonhauser should be adjudicated an incapacitated person, and if
so whether Petitioners, who are his parents, should be appointed
plenary co-guardians of his person and his estate. A hearing
was held on the matter on Tuesday, October 10, 1995, before the
undersigned judge. Based upon the evidence presented at the
hearing, the following Findings of Fact, Discussion and Order of
Court are made and entered:
FINDINGS OF FACT
1. The allegedly incapacitated person is Jason M.
Vonhauser, a domiciliary of Cumberland County, Pennsylvania,
residing at 4 Hickory Place, Camp Hill, Pennsylvania.
2. Mr. Vonhauser was born on April 17, 1977, and
resides with his parents at the above address.
3. Petitioners are Jeanette F. Vonhauser and James R.
Vonhauser, residing at 4 Hickory Place, Camp Hill, Cumberland
County, Pennsylvania.
4. The allegedly incapacitated person, Jason M.
Vonhauser, has the conditions of autism and mental retardation,
which have apparently existed since he was born; his I.Q. level
has been estimated to be between 45 and 55, which is in the mild
to moderate mental retardation range.
5. As a result of the aforesaid conditions, the
allegedly incapacitated person is an adult whose 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. The aforesaid conditions are apparently of an
indefinite and possibly permanent nature.
7. Based upon the aforesaid conditions, the Court
finds that it is necessary to establish a plenary guardianship
with respect to the estate and person of Jason M. Vonhauser.
8. In view of the absence of a contrary prognosis at
this time, the duration of the guardianship required must be
said to be indefinite, pending further Order of Court, and
apparently permanent.
9. The guardianship to be established herein is
necessary notwithstanding the personal assistance which the
Petitioners and the remainder of his family provide for Jason M.
Vonhauser.
10. Petitioners are found to be individuals qualified
under 20 Pa. C.S. Section 5511(f) to serve as plenary guardians
of their son's person and estate.
11. The foregoing Findings of Fact are made on the
basis of clear and convincing evidence.
DISCUSSION
The provisions respecting an adjudication of
incompetency have been recently amended and are contained in 20
Pa. C.S. Sections 5501 et. seq. Petitioners have fully 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 10th day of October, 1995, upon
consideration of the Petition for Adjudication of Incapacity and
Appointment of Plenary Guardian of the Estate and Person in
Accordance with 20 Pa. Cons. Stat. Section 5511, and following a
hearing, Jason M. Vonhauser is adjudicated an incapacitated
person, and his parents, Jeanette F. Vonhauser and James R.
Vonhauser, are appointed plenary co-guardians of his person and
his estate. The guardians are directed to file reports in
accordance with provisions of 20 Pa. C.S. Section 5521(c). No
bond shall be required of the guardians.
Notice is hereby provided to Jason M. Vonhauser
of his right to appeal and to petition to modify or terminate
the guardianship.
By the Court,
/s/ J. Wesley Oler, Jr.
J.
MURREL R. WALTERS, III,~ ESQUIRE
For,the Petitioners
JASON M. VONHAUSER
4 Hickory Place
Camp Hill, PA 17011
wcy