Loading...
HomeMy WebLinkAbout05-04-07 IN RE: GARY L. KELLEY, ~ ~ an alleged incapacitated person ~ ~ ~ ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA C) ORPHANS' COURT DIVIS~ _J.J (~("l ' y-?,'~ . ~ -<:;: I ..r:- PETITION TO ADJUDICATE INCAPACITATED A~p~ APPOINT GUARDIAN OF THE PERSON/ESTATE,~~ v:J G,) en TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. Gary L. Kelley, Esquire, the alleged incapacitated person, was born on July 14, 1957, and is now forty-nine (49) years old. 2. He resides with his wife, Sherian A. Kelley who is 50 years old and who resides with Mr. Kelley, at 153 Faith Circle, Carlisle, Pennsylvania 17013. 3. The alleged incapacitated person was a member of the armed forces of the United States but is not currently receiving benefits from the United States Veteran's Administration. 4. The Petitioner, Sherian A. Kelley, ask that she be appointed guardian to the alleged incapacitated person, her husband, Gary L. Kelley. 5. The proposed plenary guardian, Sherian A. Kelley, (hereinafter "Petitioner"), have no interest adverse to the alleged incapacitated person, Gary L. Kelley, Esquire. 6. The reasons why this guardianship is being sought are as follows: a. Gary L. Kelley, Esquire, was involved in a severe accident which resulted in serious brain injury. He is in need of substantial medical care and supervision. {Vb He is currently in-patient at Hershey Medical Center and will continue there for the foreseeable future. He is currently unable to care for himself, or to understand the nature and consequences of his health and required treatment. In the past, when Mr. Kelley was healthy, his wife, Sherian Kelley, had assisted him in all personal and financial matters. 7. Petitioner requests that she be granted powers to act for Gary L.Kelley, Esquire, in the following specific areas: a. All living arrangements; medical and psychiatric and psychological care; administration of medication, employment and discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for his physical and mental treatment and care. b. All issues relating finances and property: cash, checks, and any bank or savings accounts held in his name, his stocks and bonds, his personal property, his real estate, any life or other insurance which may exist, entitlement to any governmental and non-governmental benefit plans, federal, state, and local taxes, claims made or to be made on behalf of him or against him and the payment of reasonable compensation or costs to provide services for him. c. All issues relating to Gary L. Kelly's law office and practice with a principal place of business at 1119 Suite- B, Harrisburg, P A 17102, including professional, financial, managerial and day to day affairs, including management of the finances, bank accounts, IOL T A bank accounts, check cashing, accounts due, accounts payable, professional and client relationships and communications, professional obligations to clients and other third parties, hiring and firing of third parties and agents to assist in the above. This paragraph is intended to be construed in the broadest possible sense so that the Guardian can essentially step into the shoes of Attorney Kelley in order to manage his law office. The only limited factor being that the Guardian shall not practice law. Instead, she shall arrange to have third party agents do so on her behalf if necessary. 8. The proposed guardian, Petitioner, has the following qualifications: a. She has been Mr. Kelley's spouse for 27 years. She is self sufficient and has the financial and other resources necessary to care for her husband. Thus far, she has already intervened and scheduled all medical care and appointments and worked closely with the attending physicians since the onset of his recent incapacitation. Further, she has been a Registered Nurse for approximately 30 years. 9. The Petitioner respectfully requests that the Court, under Section 5511 of the Probate, Estates and Fiduciaries Code, issue a citation to Gary L. Kelley, Esquire, and to such other persons as that Court directs, to show cause why Gary L. Kelley, Esquire should not be adjudge to be an incapacitated person and plenary guardian of his person and estate appointed. ~'J c. /~ Petitioner, Sherian . Kelley IN RE: GARY L. KELLEY, ~ ~ an alleged incapacitated person ~ ~ ~ ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION VERIFICATION We verify that the statements made in the foregoing pleading are true and correct to the best of our knowledge, information and belief. I understand that false statements made herein may subject me to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /i}wuJ c. tcay-. Petitioner, Sherian A. Kelley IN RE: GARY L. KELLEY, ~ ~ an alleged incapacitated person ~ ~ ~ ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION CONSENT OF GUARDIAN 1. The name of the proposed guardian is Sherian A. Kelley. 2. The proposed guardian resides in Cumberland County. 3. The proposed guardian's occupation is Registered Nurse. 4. The proposed guardian speaks, reads and writes the English language. 5. The proposed guardian has no interest adverse to the alleged incapacitated person. 6. The proposed guardian is not a fiduciary, or officer or employee of a corporate fiduciary, of an estate in which the alleged incapacitated person has an interest; and are not the surety, or officer or employee of a corporate surety of such fiduciary. 7. The proposed guardian consent to act as guardian for Gary L. Kelley, Esquire. ~) C, lay- Petitioner, Sherian A. Kelley IN RE: GARY L. KELLEY, ~ ~ an alleged incapacitated person ~ ~ ~ ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION VERIFICATION I, J-h f-I' ; 6-1'\ A. Ie e II t~ ' verify that the statements made in the within Affidavit 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 P A. CONS. STAT. ANN. SECTION 4904 relating to unsworn falsification to authorities. DATED: S-P/07 / / SIGNED: ~ c. /w.y- IN RE: GARY L. KELLEY, ~ ~ an alleged incapacitated person ~ ~ ~ ~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION On this 3yJ day of MA-Y , 2007, before me, the undersigned officer, personally appeared Sherian A. Kelley, who, being duly sworn according to law, do depose and say that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. ~,j C, I~ Petitioner, Sherian A. Kelley 3rJ SWORN to and subscribed before me this day of M frY 2007. ~~~ ...... ... ...c....... --~ QlVCflt- r II.~"".COUNIY life! ""11"111___._'."