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HomeMy WebLinkAbout95-00832 IN REI TRACY JANE KECK I I IN THE COURT OF COMMON PI.EAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95- g'-a~ 'I ORPHANS' COURT DIVISION RULE TO SHOW CAUSE AND NOW, this 3Ml day of'7Z~fl(,)"-l'l',,L ' 1995, in consideration of the attached Petition, a Rule is directed to any interested parties to show cause why Tracy Jane Keck should not be judged an incapacitated person and Pauline E, Barrick be appointed as her guardian. Rule returnabl e the /3tJ. day of/ll1<e,,,.},\A..., in front of the undersigned in Courtroom No. County Courthouse, carlisle, Pennsylvania. a;t.'{ ,/5 a. m. 1995~at a hearing ,11 , Cumberland !. BY THE / J, SAID IS, GUIDO, SHUFF & JIIASLAND 26 W. IIIgl1 Strttt Corll.lc. P^ IN RE: IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95- TRACY JANE KECK ORPHANS' COURT DIVISION TO: TRACY JANE KECK 275 A E. POMFRET ST. CARLISLE, PA 17013 CITATION WITH NOTICE PURSUANT TO RULE 14.5 A petition has been filed with this Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your rights will be affected, including your right to manage money and property and to make decisions. A copy of the petition which has been filed by Pauline E. Barrick is attached. You are hereby ordered to appear at a hearing to be held in ~ Courtroom No. _~, Cumberland County Courthouse, Carlisle, Pennsylvania, on '::!(dN'IL[VX 13.1?Kat t"I5I/ ,M. to tell the Court why it should not find you to be an Incapacitated Person and appoint a Guardian to act on your behalf. SAlOIS, GUIDO, SnUFF & MAS LAND 26 W, IIIgh SIred Cllfllsle,l'A To be an Incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent, At the hearing, you have the right to appear, to be repreoented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an aLLorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself . You also have the right to request that the Court order that an independent evaluation be conducted as to your alleged incapacity. If the Court decides that you are an Incapacitated Person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited or full powers to act for you. If the Court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money or other property, If the Court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by SAIDIS, GUIDO, SHUFF & MASLAND 26 W, 'Ugh S",,<. Clull.lc,I'A an attorney representing you) hearing in your absence and may the Court will still hold the appoint the Gu~rdian requested. 1/, I BY ~ItE COURT I --. --.. '- --,-~. -.. IN RE: IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95- TRACY JANE KECK ORPHANS' COURT DIVISION PETITION OF INCAPACITATION AND APPOINTMENT OF A GUARDIAN AND NOW, comes your petitioner Pauline E. Barrick by and through her attorneys Saidis, Guido, shuff & Mas land and respectfully avers the following in support of her petition: 1. Your petitioner is Pauline E. Barrick, an adult individual residing at 275 A E. Pomfret St., Carlisle, Cumberland County, Pennsylvania 17013, hereinafter Petitioner. 2. The alleged incapacitated person is Tracy Jane Keck, born January 31, 1973, who resides with the petitioner at 275 A E. Pomfret St., Carlisle, Cumberland County, Pennsylvania 17013. 3. The petitioner is the Grandmother of the alleged incapacitated person. 4. The alleged incapacitated person suffers from brain damage, and suffers a total disability. She cannot bathe herself, feed herself, clothe herself, nor is able to take care of her basic necessities in life. At the present time, she is SAlOIS, GUIDO, SnUFF & MAS LAND 26 W, lII~h 51"'<1 CoUII.I.. PA incapable of making any decisions for herself or to take care of her own physical needs. 5. The alleged incapacitated person has been seen by Dr. Thomas Dorley, her pediatrician since birth, who has provided a statement regarding her disability; said statement is attached hereto and made a part hereof marked as Exhibit "A". 6, Your petitioner has had care and custody of the alleged incapacitated person informally since June of 1995, and formally by a Custody Agreement dated November 7, 1975 by and between Larry G. Reck and Lorretta J. Reck, the alleged incapacitated person's parents; a copy of said Custody Agreement is attached hereto and made a part hereof marked as Exhibit "B". 7. The gross value of the alleged incapacitated person is nominal, as she has been staying with the petitioner and has had all of her needs attended to by said Petitioner, 6. The Petitioner would be the proposed guardian, who at this time has no interest adverse to the alleged incapacitated person; the proposed guardian's written consent to her appointment of guardian is attached hereto and made a part hereof marked as Exhibit "C", SAlOIS, GUIDO, SHUFF & MASLAND 26 W, IIIsh s,,<<, CAllllle.I)^ 9. No guardian has ever been appointed for the alleged incapacitated person, although the Petitioner has been acting as such since the Custody Agreement is in effect, 10. The parents of the alleged incapacitated person, Larry G. Reck and Lorretta J. Reck, have not exercised visitation rights, although a notice of a hearing and a copy of this petition will be provided them by law. WHEREFORE, your petitioner respectfully requests Your Honorable Court to enter an Order adjudicating Tracy Jane Reck to :J;"" . . 'I .. --. \ "-~ '. -'- --~...'_.--".. , ~ THOMAS J. DOORL Y, M.D, 850 WALNUT OOTlOM ROAD CARLISLE. PENNSYLVANIA \1013 TELEPHONE: 243 0040 ...' .. OFFICE HOURS: BV APPOINTMENT ONLY Nama )\iU,o, ~ \Lt. elL-. Add..... B' .:J Ulc.~~. I!\,l...~, \,\. 0.. ~ t'C\ ~tL. '~\IL~~,'l(l ~,~ {\ l c..., ~\1'!~~tl&.- ~t \~ ~~~~v'~ . ttuJL,.'C \...1' ,t[: \tl~t~. ~)n(rthL o LABEL REFILL \Im~s OEA NO, .. . _, _"_" ,.., . .._.;J~~~},tP:J.1 .:~~~~.'*~ .. . MO. Do Nol Sub"l1ulr Sub"rlullon pnmi7 ,', ~ DMlftf.}!& Exhibit "A" 'fillS AOREEI1l::N'l'. . (;US'l'UIJY A(JHI:;El1j~N'I' made thi51~ of November. 1975. by and between -LARRY G. Kl::CK and LORRE'I"l'A .J. JiECK. hIll wire. at' H, 0. II. CarlISh:. PennsYlvania. hel'einanel' called PAHl::NTS. and HENRY H, /JARRICK anLl PAULINI:: 1:;, DARRICK. Of 80x 677. R. D, y. Carlislo. PennsYlvania. herelnafteronJln~ UHANDPAHENTS; w 1'1'11 tSSI:;TH: WIII::RcM;. PAHI::N'j'S Wel'e mUl'l'ied on .July 11. 19'/0. and tneru having been born to this unIon. three Ollllul'en. to wit: LAHHY Q. KECK. JR.. born March 5. 1972. TRAC~Y JANE KECK. bOJ~ January 31. 1973; and MELISSA ANN riEC;;. bOl'n August II. 1\rr5; und WHEREAS. 'l'RActy JANE KECK has brain damage and PAREN'l'S realiZe they cannot adequately care for. maintain. raise and support the said C/lild; ar WHEREAS. PARElI2'S l'ea11<:e that it is to t.llu best interest of the said child that 'l'HAC~Y JANE I,ECK ShOUld be and remain with ORANDPAREN'l'S. and they do hereby enter into this Custody Agreement. NO\~. THEREFORE, in consldel'a tion of' those certain mutua I undertak j "r.:s of' the parties, and espeCially thut of providing a SUitable home for the af'oresaid Child Whereby she lliay be properly prOvided and cared for, and for other good and valuable conuiaeratlons, it Is mutually agreed by and between the parties hereto that: 1. PARENTS, beIng the natural father and mother of that certaIn female child named TRAC*Y JANE KECK, do hereby agree to give and surrender full and abSolute Custody and control of the said TRActr JAN~ KECK to her ma ternal grandparents. JlENRY Jl, UAIiHlG/i and PAULINE E. bARRICK. The said GRANDPAHEN~S to keep, care for and maintain the said child and to that end PAREN'l'S do place the said Child in theIr home, Control and CUstody, from this time on and from henceforth. 2, PARENTS do agree that they will not attempt to remove su1d child from the CUStody 01' lieI' GHAiVUPAliEN'I':'; either PhYSically 01' b~' taking an.y prOC(~edil1gs tending to that "nd, 1101' to any \'Iay molest or interfere Witn the fUll and atJsolute CUutOdy :tlld Contl'o.! oj' Blljd OHliNDPAHJ::N1'S. -1- EXHIBIT "n" 3. ORANDPARENTS hereby agree to waive all right to past or SUpport for TRAC{V JANE KECK, and agree to be Solely responsible for th, care, SUpport and maintenance of the said child. 4. It is mutually agreed by the parties hereto that PAREN'l'S shall h". """'bl. ""t't'" "th the "'d 'hl1d, " moy b. "'e'd by "d between the parties from time to time hereafter. 5, 'l'his Agreement Ghall be CQllstrued undel' the lawn of the Commonwealth of PennsYlvallia. 6, This Agreement cOnstitutes the entire understanding between both parties, and there are no covenants, conditions, repreSentations or agreements, oral or written, of any nature Whatsoever other than those herein Contained. 7. This Agreement shall bind the parties hereto and their respectiVe heirs, executors, admInistlators and aSsigns. IN WI'l'NESS WHl::REOF, the partIes have hereunto set their hands and seals the day and year first above Written, intending to be legally bound hereby. WITNES ES: j..- d" i. -. !~~ntf~~ JktI<~ ... _ ~;Z~ -61. ,t(',i LARRY If, Kl::CK (SEAL) A,,~/L-._ j /4.(,/ LORRET'l'A &OJ. KcCK (Sl::AL) N1J"",..,; /r, ~;It. . Hl::NRY H SAHRI l\ (SEAL) r;) ~' fl" /J _.' 41::~;. --c.. c.-., /J(~A PAULINE E. BARRICK (SEAL) -~- IN REI TRACY JANE KECK IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95- ORPHANS' COURT DIVISION CONSENT OF PROPOSED GUARDIAN Your undersigned is the proposed guardian to be appointed for Tracy Jane Keck, the alleged incapacitated person. She has no adverse interest to the alleged incapacitated person, and is willing to act as a guardian for her best interests. f!lt ~0 .' ,.(l:, I ), iJ"A <<I au ine E, Barrick SAIDlS, GUIDO, SHUFF & MAS LAND 26 W. IlIsh Sire.' CnrUsI..PA EXHIBIT "e" VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S, Section 4904, relating to unsworn falsification to the authorities. DATED: 10- 3HI5 (;jJ ,". P A .j' /)' n<<t.~, '1 M'Lt~ Pauline E. Barrick, petitioner SAID IS, GUIDO, snUFF & MASLAND 26 W, IlIgh 5""1 Carlllltt VA (~ , IN RE: TRACY JANE KECK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 21.95.632 ORPHANS' COURT ORDER OF COURT AND NOW, this 13th day of November, 1995, after hearing on the Petition for Incapacitation and Appointment of a Guardian, it Is ordered: Tracy Jane Kook is adjudged an Incapacitated person, and her grandmother, Pauline E. Barrick, Is appointed plenary guardian of her person and estate. No bond Is required, ( \ Edgar B. Bayley, J. Johnna J. Deily, EsquIre For Petitioner :saa , r<"\ - Li':: <1 -) <::50 . - ...' IN REI TRACY JANE KECK IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA I ORPHANS' COURT DIVISION NO. 21-95-832 RULE WE COMMAND, you that laying aside all business and excuses whatsoever., you be and appear in your. proper. per.son before the Honor.able Judges of the Common Pleas Court Or.phans' Cour.t Division at a session of the said Court there to be held, for the County of Cumber.land to show cause why Tr.acy Jane Keck should not be judged an incapaci.tated per.son and Pauli.ne E.Bar.r.ick be appoi.nted as her. guardian. Rule r.etur.nable the 13th day of November., 1995 at 8:45 A.M. at a hear.i,ng in front of the under.signed in Cour.tr.oom No. II Cumber.land County Courthouse, Car.lisle, pennsyvlania. Wi.tness my hand and official seal of office at Carlisle, Pennsylvania this 6th day of November., 1995. ;-'\ '1})n'uJ,l ':;""., ",,'/h,)"'),~\ Melr.y .Lewis I I Cler~'of Or.phans' Cour.t Division Cumber.land County Car.li.sle,Pa.