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Home My WebLink About04-05-07 453182.1 ~ . Stanley A. Smith, Esquire Attorney I.D. #33782 David K. Kroft, Esquire Attorney I.D. #91010 Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 Attorneys for Petitioner INRE: INEZ H. DAVIS, An Alleged Incapacitated Person ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, PENNSYLVANIA ) ORPHANS' COURT DIVISION ) ) NO. 2007-200 ) PRAECIPE TO THE CLERK OF THE ORPHANS' COURT: Please make the following documents, attached to this Praecipe, a part of the record in this case: a Proof of Service of Citation, stating that the Citation and Petition were personally served and read to the alleged incapacitated person more than 20 days prior to the scheduled hearing; a Certificate of Service, certifying that the parties in interest were served more than 20 days prior to the scheduled hearing; and a Notice Regarding Representation of the Alleged Incapacitated Person. Date: 04/0~J 01 k.J isJ:J . ...n]_ =:!~I >dJ ]' ctl .il lid. .J ..., n' S 'I j"l ,~, -... _ - Qi' "J LU~~ '.1'" ,', Respectfully Submitted, RHOADS & SINON LLP BY:~~ David K. Kroft, Esquire Attorney ill No.: 91010 One South Market Square P.O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 INRE: INEZ H. DAVIS, An Alleged Incapacitated Person ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, PENNSYLVANIA ) ORPHANS' COURT DIVISION ) ) NO. ) PROOF OF SERVICE OF CITATION I, Gloria Joan Davis Banks, being.duly sworn according to law, depose and state that service of a copy of the Citation and Petition, a copy of which is attached, was made on Inez H. Davis, the alleged incapacitated person, by handing a copy of it to her on the ~ day of lf1 011.1' h ' at Golden Living Center, Camp Hill, Pennsylvania. I read the Petition and Citation to the alleged incapacitated person, and then explained the documents to her, to the maximum extent possible, in language and terms she was likely to understand. Sworn to and subswbed before me this ~ day of ~t4 ,2007. ~f1xM~ N Public COMMONWEA<. r- ,C PENNSYLVANIA 3eal I\lotary Public ~umberland County . ,:res Oct. 22, 2009 Judtth A East Pennsboro <i My Commisc:' . Member, Pennsylvania Association of Notaries 634491.1 INRE: INEZ H. DAVIS, An Alleged Incapacitated Person ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, PENNSYLVANIA ) ORPHANS' COURT DIVISION ) ) NO. 2007-20 ) NOTICE REGARDING REPRESENTATION OF ALLEGED INCAPACITATED PERSON In conformity with the statute, 20 Pa.C.S. ~5511(a), please take notice that counsel has not been retained by or on behalf of the alleged incapacitated person, and that the hearing to determine this matter is scheduled on the 12 day of April, 2007, at 2:30 p.m., Courtroom One, Cumberland County Courthouse, Carlisle, Pennsylvania. ~i::er~ 634491.1 - ..----- , , c~ ' "'\-..,. t .... Iy MAR 0 6 ZODljJY Stanley A. Smith, Esquire Attorney LD. #33782 David K. Kruft, Esquire Attorney LD. #91010 Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Petitioner INRE: INEZ H. DAVIS, An Alleged Incapacitated Person ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, PENNSYLVANIA ) ORPHANS' COURT DIVISION ) ) NO. rl...OO7 - c2.00 ) PETITION TO ADJUDICATE PERSON AS INCAPACITATED AND APPOINT GUARDIAN OF THE PERSONIESTATE To the Honorable, the Judges of said Court: Petitioner, Gloria Joan Davis Banks, respectfully submits this Petition to the Court to adjudicate Inez H. Davis an Incapacitate.d Person and to appoint a Plenary Guardian of the Person and Estate of Inez H. Davis, the alleged Incapacitated Person, and in support thereof, asserts the following: , Jurisdiction and Venue 1. Inez H. Davis, the alleged incapacitated person, was born on June 1, 1930, and is 76 years old. 2. The alleged incapacitated person is domiciled in Cumberland County and is residing at Golden Living Center, 770 Poplar Church Road, Camp Hill, Pennsyl\(iQlia 1701 ~d ::.....:: .._.) ::',,=,~ " her mailing address is the same. ' j:' G' ;:.-5 "<..::1 t CJi ..j"'"....... ':'j~~ ~~ ..'-; r"~) .:::- 634491.1 ct . '. 3. Pursuant to 20 Pa.C.S.A. Section 5512(a) this Court has jurisdiction over and is the proper venue fo'r the appointment of guardians of the person and estate of the alleged incapacitated person. 4. No other court in Pennsylvania has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person and no other guardian has ever been appointed for the person or estate of the alleged incapacitated person. Interested Parties 5. Inez H. Davis is not married. 6. The names and addresses of those persons who would be the intestate heirs (or next of kin) of Inez H. Davis, all of whom are sui juris, are as follows: Partv/ Address Relationship Carolyn A. Henderson 16838 Cerez Ave., Apt. 108 Fontana, CA 92335 Daughter Elsie L. Baker 11074 Glendale, Apt. A Port Orchard, WA 98366 Daughter Katheryn Alvarez 10580 Mountaii View Apt. J Redlands, CA 92373 Daughter Donald Ray Davis 927 Cabrera San Bernardino, CA 92411 Son Michael Anthony Davis Unlmown at this time Son Gloria Joan Davis Banks 5776 Catherine Street Harrisburg, PA 17112 Daughter -2- 7. To the best of Petitioner's knowledge, the sole agent under a power ofattomey executed by the alleged incapacitated person is Katheryn Alvarez, who lives in California. 8. As noted above, the alleged incapacitated person now resides at Golden Living Center, 770 Poplar Church Road, Camp Hill, Pennsylvania, 17()1!. 9. The alleged incapacitated person was never a member of the Armed Services of the United States and is not recei~g benefits from the United States Veterans Administration. 10. Petitioner does not know of any other service providers apart from Golden Living Center. 11. The alleged incapacitated person does not have a valid Last Will and Testament currently in effect. Proposed Plenary Guardian of the Person! Proposed Plenary Guardian of the Estate 12. Petitioner seeks to have herself, Gloria Joan Davis Banks, the alleged incapacitated person's daughter, appointed Plenary Guardian of the person of the alleged incapacitated person. 13. Petitioner Gloria Joan Davis "Banks is a resident of Dauphin County, Pennsylvania, is concerned for her mother's welfare, and is the person best equipped to handle the personal care decisions of the alleged incapacitated person. 14. Further, Petitioner seeks to have herself appointed Plenary Guardian of the estate of the alleged incapacitated person. - 3 - . . 15. Petitioner is an attorney and a professor of law, is domiciled in close proximity to the alleged incapacitated person, and is the individual best equipped to handle the financial decisions of the alleged incapacitated person. 16. The proposed Guardian has no interest adverse to the alleged incapacitated perons, although it is acknowledged that Petitioner/Guardian would be one of the intestate heirs of the alleged incapacitated person if she were to die intestate at this time. Limitations of Alleszed Incapacitated Person 17. Because of her mental and physical condition, the alleged incapacitated person is totally unable to manage her financial affairs, property and business and to make and _ communicate responsible decisions relating thereto, including the ability to communicate her need for assistance in these areas. She no longer understands the concept of money. 18. Because of her mental and physical condition, the alleged incapacitated person lacks the capacity to make or communicate responsible decisions concerning her person and is unable to prepare meals for herself, feed herself without assistance, clean herself or perform the usual daily functions. She does not understand her medical condition or the consequences of accepting or rej ecting options for her care. 19.. Katheryn Alvarez, who is the alleged incapacitated person's agent under a general power of attorney executed under California law, lives in California. Petioner avers that it is impractical, if not impossible, for Katheryn Alvarez to serve properly and fully on behalf of the alleged incapacitated person as her agent. -4- No Less Restrictive Alternative 20. The following alternatives to the appointment of a guardian of the person have been considered: (a) financial power of attorney under Pennsylvania law. This alternative is ineffective for the following reason: the alleged incapacitated person does not understand the nature of this document. 21. The severity of the alleged incapacitated person's mental and physical condition and the lack of viable, less restrictive alternatives necessitate that a Plenary Guardian of her estate be appointed to manage and handle all aspects of the alleged incapacitated person's estate, specifically including, but not limited to: all issues relating to her cash, checks, and any bank or savings accounts held in her name, her stocks and bonds, her personal property, her entitlement to any governmental and non-governmental benefit plans, federal, state and local taxes, claims made or to be made on behalf of her or against her, the execution of documents, entry into , " contracts affecting her and the payment of reasonable compensation or costs to provide services for her. 22. The following alternatives to the appointment of a guardian of the person have been considered: (a) health care power of attorney under Pennsylvania law. This alternative is ineffective for the following reason: the alleged incapacitated person does not understand the nature of tIlls document. , 23. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a Plenary Guardian of her person be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically includmg, but not limited to: her living arrangements, her medical and - 5 - psychiatric care, the administration of medication to her, and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for her physical and mental treatment and care. Assets and Income 24. The exact nature and amount of the alleged incapacitated person's assets are not known, but the following is noted: a. The alleged incapacitated person receives a monthly pension in the amount of$I,137.56. b. The alleged incapacitated person receives a monthly Social Security payment of $297.00. 25. . To the best of Petitioner's knowledge, the alleged incapacitated person is not a beneficiary of any trust created by another for her benefit. Waiver of Bond 26. Petitioner requests that the Court dispense with the requirement of bond being posted by the Guardian of the person and estate of the alleged incapacitated person. 27. Under Title 20, Section 5515 and Section 5122(d) of the Pennsylvania Consolidated Statutes, the Court, in its discretion, may dispense with the requirement of a bond for cause shown. Gloria Joan Davis Banks is an attorney and law professor in the Harrisburg area who has advised numerous personal clients. Further, Gloria Joan Davis Banks will coordinate with the other children of the alleged incapacitated person. - 6 - , , WHEREFORE, Petitioner respectfully requests that this Court award a Citation directed to Inez H. Davis, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why Inez H. Davis should not be adjudged a fully incapacitated person, and why Gloria Joan Davis Banks should not be appointed Plenary Guardian of the person and Plenary Guardian of the. estate of Inez H. Davis. Respectfully submitted, Date: 6-z-{ 1- ~ / 171 I ~~f:t~ aruey A. Smith, Esquire / . David K. Kroft, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, P A 17108-1146 -7- . '. VERIFICATION I, Gloria Joan Davis Banks, verify that the statements made in this Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn. falsification to authorities. Date: t'l~v"()1 INRE: INEZ H. DAVIS, An Alleged Incapacitated Person ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, PENNSYLVANIA ) ORPHANS' COURT DMSION ) .) NO. ) CONSENT TO APPOINTMENT AS GUARDIAN OF THE PERSON AND GUARDIAN OF THE ESTATE OF INEZ H. DAVIS I hereby consent to act as Plenary Guardian of the Person and Plenary Guardian of the Estate of Inez H. Davis, an alleged incapacitated person. I reside at 5776 Catherine Court, Harrisburg, PA 17112, and am an attorney and a law professor in the Harrisburg area. I am a citizen of the United States and can speak, read and write the English language. Date: d.-~O - 07 INRE: INEZ H. DAVIS, An Alleged Incapacitated Person ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, PENNSYLVANIA ) ORPHANS' COURT DMSION ) ) NO. 2007-200 ) CERTIFICATE OF SERVICE I hereby certify that on the 21st day of March, 2007, a true and correct copy ofthe Petition to Adjudicate Person as Incapacitated and Appoint Guardian of the Person/Estate was served by means of United States certified mail, return receipt requested, upon the following: Carolyn A. Henderson 16838 Cerez Ave., Apt. 108 Fontana, CA 92335 Elsie L. Baker 11074 Glendale, Apt. A Port Orchard, W A 98366 Katheryn Alvarez 10580 Mountain View Apt. J Redlands, CA 92373 Donald Ray Davis 927 Cabrera San Bernardino, CA 92411 Michael Anthony Davis c/o Donald Ray Davis 927 Cabrera San Bernardino, CA 92411 Golden Living Center 770 Poplar Church Road Camp Hill, P A 17011 ~/~ ',,,- ~.. An alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: INEZ HDAVIS : NO. 21-07-0200 IMPORTANT NOTICE CIT ATION WITH NOTICE A petition has been filed with the 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 Gloria Joan Davis Banks is attached. You are hereby ordered to appear at a hearing to be held in Court Room No.1, Cumberland County Courthouse, Carlisle, Pennsylvania, on April 12 ,2007, at 2:30 ;eM. to tell the Court why it should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are tillable 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 represented 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 attorney 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 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 ',,,- ~.. An alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: INEZ HDAVIS : NO. 21-07-0200 IMPORTANT NOTICE CIT ATION WITH NOTICE A petition has been filed with the 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 Gloria Joan Davis Banks is attached. You are hereby ordered to appear at a hearing to be held in Court Room No.1, Cumberland County Courthouse, Carlisle, Pennsylvania, on April 12 ,2007, at 2:30 ;eM. to tell the Court why it should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are tillable 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 represented 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 attorney 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 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 of 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 to 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 an attorney representing you) the court will still hold the hearing in your absence may appoint the Guardian requested. By: . CI rk, Orphans' Court Division Cumberland County, Carlisle, P A My Commission Expires 1st Monday, January, 2010 Date:03114/07 '" Stanley A. Smith, Esquire Attorney 1.0. #33782 David K. Kruft, Esquire Attorney lD. #91010 Rhoads & Sinon, LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Petitioner INRE: INEZ H. DAVIS, An Alleged Incapacitated Person ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, PENNSYLVANIA ) ORPHANS' COURT DIVISION ) ) NO. 2007-200 ) PRAECIPE TO THE CLERK OF THE ORPHANS' COURT: Please make the following documents, attached to this Praecipe, a part of the record in this case: a Proof of Service of Citation, stating that the Citation and Petition were personally served and read to the alleged incapacitated person more than 20 days prior to the scheduled hearing; a Certificate of Service, certifying that the parties in interest were served more than 20 days prior to the scheduled hearing; and a Notice Regarding Representation of the Alleged Incapacitated Person. Respectfully Submitted, Date: 674 )o~ 101 I RHOADS & SINON LLP BY:~~ David K. Kruft, EsqUIre Attorney ID No.: 91010 One South Market Square P.O. Box 1146 Harrisburg, PAl 71 08-1146 (717) 233-5731 453\82.\ INRE: INEZ H. DAVIS, An Alleged Incapacitated Person ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, PENNSYLVANIA ) ORPHANS' COURT DIVISION ) ) NO. ) PROOF OF SERVICE OF CITATION I, Gloria Joan Davis Banks, being,.duly sworn according to law, depose and state that service of a copy ofthe Citation and Petition, a copy of which is attached, was made on Inez H. Davis, the alleged incapacitated person, by handing a copy of it to her on the ! Ci t+. day of rr; rJ-'lJ:: J,_ ' at Golden Living Center, Camp Hill, Pennsylvania. I read the Petition and Citation to the alleged incapacitated person, and then explained the documents to her, to the maximum extent possible, in language and terms she was likely to understand. Sworn to and subswbed before me this J1.:.. day of -JtfJ&-~.l'_A , 2007. ~Ld~d /WA'~ N ary Public COMMONWE~, '. . I'. PENNSYLVANIA 3eal Judith A :, "lotary Public East Pennsboro '. ::umbel1and County My Commis~'" ,:res Oct. 22, 2009 Member. Pennsylvania Association of Notaries 634491.1 .... . . INRE: INEZ H. DAVIS, An Alleged Incapacitated Person ) IN THE COURT OF COMMON PLEAS ) OF CUMBERLAND COUNTY, PENNSYLVANIA ) ORPHANS' COURT DIVISION ) ) NO. 2007-20 ) NOTICE REGARDING REPRESENTATION OF ALLEGED INCAPACITATED PERSON In conformity with the statute, 20 Pa.C.S. ~5511(a), please take notice that counsel has not been retained by or on behalf of the alleged incapacitated person, and that the hearing to determine this matter is scheduled on the 12 day of April, 2007, at 2:30 p.m., Courtroom One, Cumberland County Courthouse, Carlisle, Pennsylvania. ~?P~ A mey for Petitioner 634491.1 {(.{.\~~~ RHOADS J"1I11'tii & SINON LLP David K. Kroft ph (717) 231-6668 ft (717) 232-1459 dkruft@rhoads-sinon.com FILE NO: 5480/02 April 4, 2007 Re: Inez H. Davis - Petition for Adiudication of Incapacitv VIA HAND DELIVERY Ms. Glenda Famer-Strasbaugh Clerk of the Orphans' Court Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Dear Ms. Famer-Strasbaugh: We have enclosed a Praecipe by which we request that you make certain documents part of the record in the above case. In addition, we have enclosed a photocopy of the Praecipe which we ask that you time-stamp and return with our courier. If you have any questions, please do not hesitate to call. Thank you for your assistance. Very truly yours, RHOADS & SINON LLP BY;~ ~~ Davi~ Kruft---- Enclosures cc: Ms. Gloria Joan Davis Banks (wi enc.) Stanley A. Smith, Esquire (w/o enc.) '-..;l C'::::J C::::;) --.J J:!'. -0 :;:0 I VI C) '='0 '.::0 I "TJ l=~CC.J . .':;F~~ ."'--c:u U):;.~: :" .~'1 t.~ :'.0 ---I f'-' ~ 01 v 646230.1 Rhoads &: Sinon LLP · Attorneys at Law · Twelfth Floor · One South Market Square. P.O. Box 1146 Harrisburg, PA 17108-1146 . ph (717) 233-5731 · fx (717) 232-1459 . www.rhoads-sinon.com , )