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Home My WebLink About07-11-07 AooM &KUIUIAKI8, UP 36 S. Hanover Street Carlisle, PA 17013 (717) 249-0900 ("") ~~ ~p:p i_.'~m , "'-: :D CI)~ 00 Q-n '- :0 ""~"'I-i IN RE KRISTIN REED An Alleged Incapacitated Person THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL DOCKET NO.: ~\ Dl D\oS \ ORPHANS' COURT DIVISION PETITION FOR APPOINTMENT OF PLENARY GUARDIAN OF THE PERSON AND ESTATE ~ = = --..l <- c: ,- ,., ::r:: 'i! w co :.0 f+i~ G)O fJf~ ~ -:-; CJ C) .'71 -n c"-j , l-n , (J~' ,:-) AND NOW, comes the petitioner, Colleen Wallace, by and through her attorney, John W. Carter, Esquire, ABOM & KUTULAKIS, L.L.P., and files this Petition pursuant to Title 20 Pa.C.S.A. S 5511 and in support thereof avers the following: The alleged incapacitated person is Kristin Reed (hereinafter "Kristin"), 1. Kristin's date of birth is June 16, 1989. Kristin is 18 years of age. 2. Kristin currently resides with her mother Colleen Wallace at 1136 Redwood Drive, Carlisle, Pennsylvania 17013. 3. Insofar as the Petitioner has been able to ascertain, the persons who are adult heirs under the intestacy statute in Pennsylvania are: Name Colleen Wallace, Mother Address 1136 Redwood Drive, Carlisle, Pennsylvania 17013 Douglas K. Reed, Father (non-custodial) 4967 Lincolnwood Drive York, Pennsylvania 17404 ~ Each of the above will be notified of these proceedings 4. Petitioner is Colleen Wallace (hereinafter "Petitioner") of 1136 Redwood Drive, Carlisle, Pennsylvania, Cumberland County, Pennsylvania. Petitioner is the mother of Kristin. 5. Petitioner has no interest adverse to the alleged incapacitated person, Kristin. 6. Petitioner is legally qualified and suitable to be Guardian of the Person and Estate of Kristin. 7. Guardianship is sought to protect Kristin's health and property. 8. Kristin has been diagnosed with Asperger's Disorder and Attention Deficit Hyperactivity Disorder by Doctor Nilda M. Gonzalez on June 20, 2007 (See Medical Report labeled Exhibit "A.") 9. Kristin is incapacitated by this mental disease to the extent that she lacks sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for her health or safety or to manage her estate. to. In Doctor Nilda M. Gonzalez's diagnosis, which is attached as Exhibit "A," it is stated that Kristin's disability "prevents her from making or communicating responsible and independent decisions concerning her person, health, and future." 11. In Doctor Nilda M. Gonzalez's diagnosis, which is attached as Exhibit "A," Dr. Gonzalez states that Kristin's disability "interferes with her ability to make or communicate responsible and independent decisions regarding the administration of her property and affairs." 12. In Doctor Nilda M. Gonzalez's diagnosis, which is attached as Exhibit "A," she states that Kristin's disability is pervasive and permanent. 13. In Doctor Nilda M. Gonzalez's diagnosis, which is attached as Exhibit "A," she states that Kristin has sufficient mental capacity to understand the nature of guardianship and to consent to the appointment of a guardian. 14. There is presently no Guardian of the Person or Estate for Kristin. 15. There is presently no known Powers of Attorney for Kristin. 16. Kristin does not have the mental capacity to consent to a Power of Attorney. 17. An appointment of a guardian is the only remaining option to protect Kristin's health and property. 18. Kristin is unable to handle her financial affairs; therefore, an appointment of a plenary guardianship over her estate is requested. 19. Kristin is unable to make informed decisions about her healthcare, including decisions regarding medical procedures and prescription medicines; therefore, an appointment of a plenary guardianship over her person is requested. 20. The guardianship is sought to protect Kristin from unscrupulous or designing persons that may take advantage of Kristin. 21. The Petitioner is Kristin's mother and she is qualified to be the guardian. 22. It is believed and therefore averred that damage to or loss of Kristin's property may occur if a guardian is not appointed to handle her financial matters. 23. Insofar as Petitioner is able to ascertain, Kristin has no known assets at this time. WHEREFORE, in order to prevent irreparable harm to the estate and health of the alleged incapacitated person, Petitioner respectfully requests this Honorable Court appoint her to be the plenary guardian of estate and person for Kristin Reed. Respectfully Submitted, ABOM & KUlULAKl8, LLP. ~~ /~ JrJO 7 Date -;:EfE;~~ Attorney J.D. No. 202849 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Petitioner VERIFICATION I, COLLEEN WALLACE, hereby verify that the statements contained 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. S 4904, relating to unsworn falsification to authorities. ~~j~ ~1J7 Date {I oJjh~ 7Y7 LJa..Jj~ COLLEEN WALLACE CERTIFICATE OF SERVICE AND NOW, this _ day of July, 2007, I, John W. Carter, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing PETITION FOR APPOINTMENT OF PLENARY GUARDIAN OF ESTATE AND PERSON upon the following: VIA UNITED STATES POSTAL DELIVERY CERTIFIED AND FIRST CLASS MAIL Douglas K. Reed 4967 Lincolnwood Drive York, Pennsylvania 17404 ABOM &K.U1UIAKl8, LLP. -s:L~, 0c- John W. Carter, Esquire 36 South Hanover Street Carlisle, PAl 7013 STATEMENT OF THE GUARDIAN (1) I, COLLEEN WALLACE, hereby consent to act as the Guardian of the Person and Estate of KRISTIN REED. I, Colleen Wallace, the proposed guardian, am an individual. I am a citizen of the United States of America, and I am able to speak, read and write the English Language. (2) I, Colleen Wallace, am proposing that I, the proposed guardian, and the alleged incapacitated person reside in the same household. (3)1, Colleen Wallace, am not the Fiduciary or an officer or employee of a corporate Fiduciary of an estate in which the alleged incapacitated person has an interest nor the surety or an officer or an employee ofthe corporate surety of such a Fiduciary, and that the proposed guardian has no interest adverse the alleged incapacitated person. ~ II, :2007 DATE (2 ()../j//-"1-m 6Ja//o~JL COLLEEN WALLACE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the i { 1" day of Jill ' 2007, before me, the undersigned officer, personally appeared COLLEEN W A LACE, known to me to be the person whose name is subscribed to the within instrument and that she executed same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~~ NOTARY PUBL;t' NOTARlALSBAL JOHN' A. ADOM, NotaIyNh1l8 CIty of Carlisle Bora, Cumberland eo.mtr My Commission Expires June 26, 2010 To whom it may concern: I, Nilda M. Gonzalez, MD, am a graduate of the University Of Puerto Rico School of Medicine and I am licensed to practice medicine in the State of Maryland. My additional qualifications include: Board Certified in Psychiatry and in Child Psychiatry and completed an NIMH sponsored Research Fellowship in Psychopharmacology of Children with Developmental Disabilities. I have been seeing Kristin Reed every 1-3 months since November 10,2000. I most recently examined Kristin on April 4, 2007. At that time she presented symptoms consistent with her prior diagnosis of Asperger's Disorder and Attention Deficit Hyperactivity Disorder. The nature and cause of her condition is unknown. The extent of the disability is pervasive. The probable duration is permanent. The patient retains the ability to do schoolwork, care for her hygiene, socialize and initiate some play activities. She still requires more supervision and guidance than other kids her age given her impulsiveness and difficulties understanding social nuances and consequences of her actions. In my opinion, patient has a disability which prevents her from making or communicating responsible and independent decisions concerning her person, health, and future. In my opinion, patient does have a disability which interferes with her ability to make or communicate responsible and independent decisions regarding the administration of her property and affairs. In my opinion, patient has sufficient mental capacity to understand the nature of guardianship and to consent to the appointment of a guardian. Date Ct, f 1,0 I 01- Nilda M. Go lez, MD Neuropsychiatry Service Sheppard Pratt Health System 6501 North Charles Street Baltimore, MD 21285 ngonzalez@sheppardpratt.org IMPORTANT NOTICE CITATION WITH NOTICE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION To: KRISTIN REED 1136 Redwood Drive Carlisle, Pennsylvania 17013: IMPORTANT NOTICE CITATION WITH NOTICE 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 Colleen Wallace is attached. You are hereby ordered to appear at a hearing to be held in Courtroom No. Cumberland County, Carlisle, Pennsylvania on ,2007 at _.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. 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 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 your 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 that will have either limited or full powers to act for you. Page 1 of2 To: KRISTIN REED: 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 of by an attorney representing you) the Court will still hold the hearing in your absence and may appoint the Guardian requested. By: Clerk, Orphans' Court Page 2 of2