HomeMy WebLinkAbout01-09-08
INRE:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
JANETIE NEELY, : ORPHANS' COURT DIVISION
An alleged incapacitated person:
: NO.
PETITION FOR THE APPOINTMENT OF
EMERGENCY PLENARY GUARDIAN OF THE PERSON AND ESTATE
IN ACCORDANCE WITH 20 P.S. &5513 AND FOR PERMANENT PLENARY
GUARDIAN OF THE PERSON AND ESTATE
PURSUANT TO 20 P.S. ~5511
AND NOW COMES THE PETITIONER, the Cumberland County Aging &
Community Services, in and for Cumberland County, Pennsylvania, by its solicitor,
Anthony L. DeLuca, Esquire, who represents and avers as follows:
1.
The Petitioner is the Cumberland County Aging & Community Services, in and
for Cumberland County, Pennsylvania, with its office located at 16 West High Street,
Carlisle, Cumberland County, Pennsylvania.
2.
The alleged incapacitated person is Janette Neely, age 86, who currently resides at
59 North East Street, Carlisle, Cumberland County, Pennsylvania and has resided there
for a period exceeding 1 year prior to the filing of this Petition.
3.
The only known relative of the alleged incapacitated person is:
()
C;O
<,,=n
-'.'1"1
-r C)
-=--=::~ 1--
_.c_~~S
- '~~::/) ;.:.,
a. Sandy Neely - Daughter
P.O. Box 1114
3090 Spring Road
Carlisle, PA 17013
--sq
,-
~I}
--n---i
)>
4.
The Petitioner is not related to Janette Neely.
r-..>
=
,---'~.
-::.-..:1
r_
:;.::..
I
I..D
( (_n_...,
-0
:J!:
r~
Ul
o
5.
The Petitioner's interest is that of a welfare agency concerned with her welfare
and is familiar with her case.
6.
Janette Neely has, for at least three (3) months, been incapable of managing and
caring for herself and her financial affairs.
7.
Janette Neely exhibits symptoms of mental incapacity, including but not limited
to confusion and poor memory.
8.
Janette Neely's mental incapacity prevents her from managing and caring for the
affairs of her person and estate.
9.
Her residence is a three (3) story home at 59 N. East Street, in Carlisle consisting
of her apartment and two others which she rents out and she is also the owner of other
properties in Carlisle and in another County in Pennsylvania.
10.
The tenant who resides on the second floor is a man by the name of Neil Hall who
allegedly exercises undue influence over her and has described himself as a "business
partner" with her.
11.
Petitioner's authorized representative was informed that, on or about December 5,
2007, Janette Neely had executed documents for a reverse mortgage on her home at 59
North East Street, Carlisle, P A. resulting in $138,000.00 being deposited in her checking
account at Sovereign Bank.
12.
Two checks were thereafter written on her account at Sovereign Bank.
13.
One check, in the amount of $97,000.00, was used to open a joint account with
Neil Hall at Wachovia Bank while the second check, in the amount of$30,000.00, was
deposited into an existing account at Members 1 st Federal Credit Union.
14.
Janette Neely, when questioned about the transaction, denied any knowledge of
the reverse mortgage, did not recall dispersing any funds to Wachovia Bank or Members
1 st Federal Credit Union and asserted that she had no need to incur a reverse mortgage.
IS?
She subsequently later stated that the reverse mortgage and two checks to
Wachovia Bank and Members 1st Federal Credit Union were not of her doing.
16.
On or about December 12,2007, Janette Neely and Neil Hall attempted to obtain
a second reverse mortgage from another financial institution wherein she executed certain
documents but the loan process was terminated when the first mortgage was discovered.
17.
Petitioner believes and, therefore avers that Neil Hall has begun handling her
funds from her other real estate rental properties and, because of her mental impairment,
is not aware of the amounts received, who her tenants are and has received no accounting
from Neil Hall.
18.
Petitioner believes and, therefore avers that there are additional credit accounts
open in the name of Janette Neely that were not known to her.
19.
Janette Neely has been examined by Dr. Kimberlee Young who advises that she is
incapacitated and in need of a Guardian of her Person and Estate.
20.
A Power of Attorney exists wherein two friends, Betty Schlusser and Harold
Casner, have been appointed as attorneys-in-fact for Jeanette Neely but both believe that
it would be in the best interest of Janette Neely for a Guardian to be appointed of her
Person and Estate.
21.
Petitioner believes and, therefore, avers that Janette Neely's income consists of
$618.00 per month from social security, $689.69 per month from a debt owed to her and
an unknown amount from monthly rentals of her investment properties.
22.
Petitioner requests that it be appointed Emergency Plenary Guardian of the Person
and Estate of Janette Neely.
23.
Petitioner requests that Keystone Guardian Service be appointed Permanent
Plenary Guardian ofthe Person and Estate of Janette Neely.
24.
The proposed Guardians have no interest which are adverse to the interest of
Janette Neely.
25.
Petitioner believes, and, therefore avers that Janette Neely does not already have a
Guardian.
26.
Petitioner asserts that Janette Neely is incapacitated as defined in Chapter 55 of
the Probate Estates and Fiduciaries Code.
27.
Because of her impaired mental and physical condition, Janette Neely lacks the
capacity to provide for her own personal care and maintenance.
28.
Because of her impaired mental and physical condition, Janette Neely is unable to
manage her financial affairs, property and business and to make and communicate
responsible decisions relating thereto.
29.
To Petitioner's knowledge, no previous application has been made for the order
herein requested or for a similar order.
30.
No other Court has ever assumed jurisdiction in any proceeding to determine the
incapacity of Janette Neely.
31.
Petitioner avers that if the Guardianship is granted the existing Power of Attorney
should be revoked.
32.
The failure to appoint Petitioner as Emergency Plenary Guardian of the Person
and Estate of Janette Neely and later Keystone Guardian Service as Permanent Plenary
Guardian of her Person and Estate will result in irreparable harm to the person and estate
ofJanette Neely.
WHEREFORE, the Petitioner respectfully requests that:
1. The Court appoint Cumberland County Aging & Community Services, in
and for Cumberland County, Pennsylvania as Emergency Plenary Guardian of the Person
and Estate of Janette Neely pending a final hearing on this Petition with such Emergency
Guardian having full power to conduct a psychological evaluation and such other powers
and restrictions the Court deems proper;
2. Pursuant to 20 Pa.C.s.A. 95513, the Court finds that the emergency
necessitating the filing of this Petition will continue beyond seventy-two (72) hours from
the date of any Emergency Order;
3. Pursuant to 20 Pa.C.S.A. 95513, the Court schedules a final hearing on or
within 23 days from the date of any Emergency Order;
4. The Court appoint Keystone Guardian Service as Permanent Plenary
Guardian of the Person and Estate of Janette Neely; and
5. The existing Power of Attorney be revoked.
Respectfully Submitted,
2L.~ ~.G~/~ ~
L~~.4'i.'" '--e:.:y~. ~ -~,;ju~<'dTCU!/
Anthony L. D~uca, Esquire P
113 Front Street
P.O. Box 358
Boiling Springs, Pennsylvania 17007
(717) 258-6844
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
the appointment of Emergency Plenary Guardian of the Person and Estate in accordance
with 20 P.S. ~5513 and for Permanent Plenary Guardian of the Person and Estate
pursuant to 20 P.S. ~5511 of Janette Neely 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: c-Jt'A \AI....> 0.. ~ Vi } ~ 0 0 ~
d~~~
Janet Paull