HomeMy WebLinkAbout06-22-07
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE MATTER OF
CLAIRE R. WELDON,
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ORPHANS' COURT DIVISION
An Alleged Incapacitated Person
No. a \ b'\ Dl..DOU>
PETITION FOR ADTUDICA TION OF INCAPACITY
AND APPOINTMENT OF GUARDIAN
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AND NOW COMES, Petitioner, Sarah A. Todd Memorial Home, by and through
its attorneys, Latsha Davis Y ohe & McKenna, P.c., and hereby petitions for an
adjudication of incapacity and appointment of a plenary guardian of the estate and
person of Claire R. Weldon under 20 Pa.C.S. S 5511, and in support thereof avers as
follows:
1. The name of the alleged incapacitated person is Claire R. Weldon,
hereinafter referred to as "Ms. Weldon".
2. Petitioner is Sarah A. Todd Memorial Home, a Pennsylvania non-profit
corporation, the owner and operator of a nursing facility located at 1000 West South
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Street, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as "Sarah
Todd" or "Petitioner".
3. Ms. Weldon is a widow, 78 years of age, currently residing at Sarah
Todd's nursing facility.
4. The names and addresses of Ms. Weldon's family and presumptive heirs
are as follows:
Roy Willoughby
(Ms. Weldon's son)
404 Benyou Lane
New Cumberland, P A 17070
Janice Young
(Ms. Weldon's daughter)
307 Hummel A venue
Lemoyne, P A 17043
5. The name and address of Ms. Weldon's attending physician is George P.
Branscum, M.D., 850 Walnut Bottom Road, Carlisle, Pennsylvania.
6. Ms. Weldon has been a resident at Sarah Todd since her admission on
November 4,2006, and currently receives skilled nursing care at the address above.
7. Ms. Weldon suffers from an advanced stage of Alzheimer's disease.
8. Ms. Weldon's functional limitations and mental condition will be
documented in a report to be prepared by the above-named attending physician after
conducting a thorough and complete examination and evaluation of Ms. Weldon's
mental and physical condition. A true and correct copy of said report will be submitted
upon completion and prior any scheduled hearing.
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9. The attending physician named above will be available to testify in person
or via telephone during a hearing scheduled by the Court.
10. Due to her mental and physical condition, Ms. Weldon is:
a. Unable to make responsible decisions concerning her person,
health, welfare, and safety;
b. Unable to communicate her needs concerning her health, welfare,
and safety;
c. Unable to reside alone;
d. Unable to provide for her personal safety;
e. Unable to keep herself properly nourished and hydrated;
f. Unable to tend to her personal hygiene;
g. Unable to clothe herself;
h. Unable to medicate herself;
1. Unable to make responsible decisions with regard to her medical
care, including but not limited to, obtaining health care services
and entering herself into a hospital, convalescent home, skilled care
facility, residential care facility or similar institution;
J. Unable to manage her financial affairs; and
k. Unable to make and communicate responsible decisions relating to
her financial affairs.
Ms. Weldon's daughter, Janice Young, is Ms. Weldon's Power of Attorney.
11.
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12. As of the date of this Petition, Ms. Young has made no payments to
Petitioner for the care it has provided to her mother, despite having access to and
control over Ms. Weldon's financial assets and resources, including but not limited to
Ms. Weldon's monthly social security checks and Ms. Weldon's interest in a business
known as "Weldon's Cafe", a restaurant and/ or bar located in Harrisburg,
Pennsylvania.
13. As of May 1, 2007, a balance of $21,955.00 is due and owing on Ms.
Weldon's account with Petitioner.
14. On March 2,2007, Petitioner submitted an application for Medical
Assistance benefits to the Cumberland County Assistance Office on Claire R. Weldon's
behalf .
15. During the Medical Assistance application process, Ms. Young failed to
respond to requests by Sarah Todd for information and documentation that was
necessary to complete the application.
16. Ms. Young has provided conflicting accounts of her mother's assets to the
County Assistance Office, including but not limited to, Ms. Weldon's business interests
and interest in real estate.
17. When Ms. Young finally provided the County Assistance Office with all of
the documentation it had requested, the documentation revealed assets, including a
restaurant that had not been disclosed by Ms. Young previously.
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18. Petitioner has been informed by the County Assistance Office that it
intends to report Ms. Weldon's case to the Office of Inspector General for investigation,
and that the outcome could result in the denial of benefits and a large past due account.
19. Ms. Weldon's son, Roy Willoughby, is a former crime prevention manager
for the Pennsylvania Commission on Crime and Delinquency and former head of the
Drug Abuse Resistance Program ("DARE").
20. Mr. Willoughby has felony conviction for crimes involving the
embezzlement of funds from the Commonwealth and the DARE program, and also has
a criminal record for burglary.
21. Based on the foregoing, neither of Ms. Weldon's children is fit to manage
her affairs.
22. Ms. Weldon's condition makes her susceptible to financial abuse by
designing family members.
23. Ms. Weldon's medical condition necessitates the appointment of a plenary
guardian of her person and estate.
24. Petitioner is without sufficient knowledge or information to provide an
estimate of the value of Ms. Weldon's estate.
25. Petitioner is unaware of any will or advance directive executed by Ms.
Weldon.
26. Keystone Guardianship Services, located at 129 Market Street,
Millersburg, Pennsylvania 17061, consents to serve as guardian of the person and estate
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of Ms. Weldon. A Consent of Proposed Guardian form signed and executed by
Keystone Guardianship Services is attached hereto as Exhibit II A."
27. Keystone Guardianship Services is qualified to act as guardian of the
person and estate of Ms. Weldon by virtue of its familiarity and experience in acting as
guardian of the person and estate for individuals such as Ms. Weldon.
28. Inasmuch as Ms. Weldon is a recipient of Medical Assistance for her stay
at the Home, Keystone Guardianship Services will serve as guardian of Ms. Weldon's
person and estate for a monthly fee of One Hundred Dollars ($100.00).
29. No other court within this Commonwealth has appointed a guardian of
the person or estate of Ms. Weldon.
30. This proposed guardianship is in the best interests of Ms. Weldon for the
proper medical decisions and management of her financial resources.
31. Due to Ms. Weldon's medical condition, no less restrictive alternative is
feasible.
32. Upon information and belief, Ms. Weldon was neither a member of the
armed forces nor a recipient of Veterans Administration benefits.
33. The type of guardianship sought is plenary of Ms. Weldon's person and
estate.
34. The proposed guardian has no interest adverse to Ms. Weldon.
WHEREFORE, Petitioner, Sarah A. Todd Memorial Home respectfully requests
that this Honorable Court issue a Citation directed to Claire R. Weldon or her counsel, if
so appointed, to show cause why Claire R. Weldon should not be adjudicated an
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incapacitated person, and Keystone Guardianship Services not be appointed plenary
guardian of the person and estate of Claire R. Weldon.
Respectfully submitted,
Latsha Davis Yohe & McKenna, P.e.
Date:
? tlo-;007
By:
~~/
Steve M. Montresor
Attorney J.D. No.: 74244
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, P A 17050
(717) 620-2424
Attorneys for Petitioner,
Sarah A. Todd Memorial Home
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNIY, PENNSYLVANIA
IN THE MATTER OF
CLAIRE R. WELDON,
ORPHANS' COURT DNISION
An Alleged Incapacitated Person
No. !~ \ t) '\ ()\(>(J(J)
VERIFICATION
I, Mary Jane Walker, hereby verify that I am the Administrator of Sarah A. Todd
Memorial Home, the Petitioner named in the foregoing Petition for Adjudication of
Incapacity and Appointment of Guardian, and that I am duly authorized to verify that
the statements made therein are true and correct to the best of my knowledge,
information and belief and that these statements are made subject to the penalties of 18
Pa. C.S. 94904 relating to unsworn falsification to authorities.
Sarah A. Todd Memorial Home
Date: <.0 . J( ..().r(
By:
fJ;i J)tL) { )
er, Administrator
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE MATTER OF
CLAIRE R. WELDON,
ORPHANS' COURT DIVISION
An Alleged Incapacitated Person
No. ~\ t/\ b~~LQ
.
CONSENT OF PROPOSED GUARDIAN
Keystone Guardianship Services does hereby certify that it is willing to act as
guardian of the person and estate of Claire R. Weldon, an alleged incapacitated person,
if the Court shall so appoint.
Further, Keystone Guardianship Services hereby certifies that it is not a fiduciary
of any estate in which Claire R. Weldon has an interest, nor has it any interest currently
adverse to the alleged incapacitated person.
Date:
G. dO. ';)00-'
By: ~~~~
Constance E. Stoneroad
Keystone Guardianship Services
115526