HomeMy WebLinkAbout11-14-07
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY PENNSYL VANIA
IN RE: Lieselotte Schall,
aIkIa Rosemary L. Schall
: DOCKET NUMBER: 21-07-0987
: EMERGENCY GUARDIANSHIP
PETITION FOR APPOINTMENT OF PERMANENT PLENARY
GUARDIANS OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. &5511
AND NOW, this
day of November, 2007, comes the Petitioner,
Cumberland County Aging & Community Services, by and through it's Solicitor,
Anthony L. DeLuca, Esquire, and files this Petition for Appointment of Permanent
Plenary Guardians of the Person and Estate ofLieselotte Schall, a!kIa Rosemary L.
Schall, based upon the following:
1.
On or about November 1, 2007, Carlisle Regional Medical Center filed an
Emergency Petition for Temporary Guardianship of the Person ofLieselotte Schall, a/k/a
Rosemary L. Schall, which resulted in a Hearing being scheduled for November 5, 2007.
2.
A Hearing was held on this matter on November 5, 2007 and, upon conclusion of
the Hearing, the Court found that Lieselotte Schall, a/k/a Rosemary L. Schall was
adjudicated an incapacitated person on an emergency basis and Petitioner was appointed
Emergency Plenary Guardian of the Person ofLieselotte Schall, a!kIa Rosemary L. E3
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3.
The Cumberland County Aging & Community Services is willing to continue as
Permanent Plenary Guardian of the Person and Estate of Lieselotte Schall, a/k/a
Rosemary L. Schall.
4.
The proposed guardian has no interest which is adverse to the interest of
Lieselotte Schall, a/k/a Rosemary L. Schall.
5.
Petitioner incorporates by reference all of the averments set forth in the
Emergency Petition for Temporary Guardianship of the Person and further avers that her
incapacity affects her ability to conduct and handle her financial affairs.
6.
The only known relatives of the alleged incapacitated person are:
A. Mara Shall - Daughter
3323 North Second Street
Harrisburg, PA 17110
B. Rose Herman - Daughter
15246 Thomas Avenue
Allen Park, Michigan 48101
C. John Schall- Son
2685 Ritner Highway
Carlisle, PA 17015
D. Martin Schall- Son
P.O. Box 836
Nokomis, Florida 34274
7.
Petitioner believes and therefore avers that the income ofLieselotte SchaU, alk/a
Rosemary L. SchaU consists of monthly social security in the amount of$713.00.
8.
Petitioner asserts that Lieselotte SchaU, alk/a Rosemary L. SchaU, is incapacitated
as defined in Chapter 55 of the Probate Estates and Fiduciaries Code.
9.
Because of her impaired mental condition, Lieselotte SchaU, alk/a Rosemary L.
Schall, lacks the capacity to provide for her own personal care and maintenance.
10.
Because of her impaired mental condition, Lieselotte SchaU, alk/a Rosemary L.
Schall, is unable to manage her financial affairs, property and business and to make and
communicate responsible decisions relating thereto.
II.
A Power of Attorney would be a less restrictive alternative than Guardianship but
none exists to the knowledge of the Petitioner.
12.
No member of Lieselotte SchaU, alk!a Rosemary L. SchaU's family is in a
position to assume responsibility as Guardian of her Person and Estate.
13.
The failure to appoint Petitioner as Permanent Plenary Guardian of her Person and
Estate would result in irreparable harm to the person and estate of Lieselotte Schall, a!kIa
Rosemary L. Schall.
14.
Petitioner avers that the emergency has continued beyond 72 hours and, therefore,
seeks to extend the time ofthe Emergency Order an additional twenty (20) days.
15.
Counsel for Lieselotte Schall, a!kIa Rosemary L. Schall does not object to the 20
day extension.
16.
Petitioner, if appointed as Guardian, requests that it be compensated for said
services pursuant to the rules and regulations set forth by the Department of Public
Welfare.
WHEREFORE, the Petitioner respectfully requests that:
1. Pursuant to 20 Pa. C.S.A. ~5513, the Court find that the emergency
necessitating the filing of the Emergency Petition will continue beyond
seventy-two (72) hours from the date of the Emergency Order of
November 6,2007;
2. Pursuant to 20 Pa. C.S.A. ~5513, the Court schedule a final Hearing on or
within twenty (20) days from the date of the filing ofthis Petition; and
3. The Court appoint the Cumberland County Aging & Community Services
as Permanent Plenary Guardians of the Person and Estate ofLieselotte
Schall, a/k/a Rosemary L. Schall.
4. Petitioner be compensated for said services pursuant to the rules and
regulations set forth by the Department of Public Welfare.
Respectfully Submitted,
~~.Y'-4~ ~_
Anthony L.. eLuca, Esquire ~ /
113 Front Street
P.O. Box 358
Boiling Springs, P A 17007
(717) 258-6844
VERIFICA nON
I hereby verify that the facts and infOlmation set forth in the foregoing Petition for
Appointment of Penn anent Plenary Guardians pursuant to 20 P.S. 95511 ofLieselotte
Schall, a!kIa Rosemary L. Schall are true and correct to the best of my knowledge,
information, and belief. I understand that any false statements contained herein are
subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to
authorities.
Dated: _ll"" ~ ....... ~AI' l") ~D1
c:J~ p~
Janet Paull