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IN THE MATTER OF THE PERSON: IN THE COURT OF COMMON PLEAS
AND ESTATE OF: CUMBERLAND COUNTY, PENNSYLVANIA
PIllLIP A. REED
AN ALLEGED INCAPACITATED
PERSON
NO. 219 ORPHANS' COURT 2001
ORDER OF COURT
AND NOW, this ~ day of March, 200 1, upoo review of the Petitioo presented
and having heard testimony on said Petition, it is ORDERED and DECREED that Philip A. Reed
is adjudicated an incapacitated person and his natural parents, David L. Reed and Diane M. Reed,
are appointed Plenary Guardians of the Person and Estate of Philip A. Reed.
It is further ORDERED and DECREED that:
1. The Petitioners be authorized to deposit funds issued and received from the
settlement of the Civil Action filed in the Court of Common Pleas, in and for
Cumberland County, Pennsylvania to No. 2627 Civil 1991 which resulted in
periodic payments to be made to Philip A. Reed on March 23,2001 and March
23,2006 into the Irrevocable Special Needs Supplemental Trust; and
2. David L. Reed and Diane M. Reed be reimbursed $1,475.00 for camp expense,
the expense of an Irrevocable Special Needs Supplemental Trust, and legal fees
and costs for this Guardianship action from the proceeds of the first periodic
payment scheduled to be made on or about March 23,2001; and
3. Either Petitioner be authorized to sign checks on behalf of Philip A. Reed; and
4. The Petitioners be authorized to be reimbursed for any future medical and/or
dental expenses not covered by insurance and which are paid by Petitioners.
BY THE COURT,
IN THE MA TIER OF THE PERSON: IN THE COURT OF COMMON PLEAS
AND EST ATE OF: CUMBERLAND COmny, PE1\1NSYL VANIA
NO. t..;//q' ORPHANS' COURT 2001
PHILIP A. REED
AN ALLEGED INCAPACITATED
PERSON
PRE~ARYO~URT
AND NOW, this },....11 day of ~. ,2001, the foregoing
Petition having been presented, upon consideration thereof and on motion of Anthony L. DeLuca,
Esquire, Counsel for the Petitioners, it is ORDERED and DECREED that a Citation be awarded,
directed to Philip A. Reed to show cause why he should not be adjudged an incapacitated person
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and Plenary Guardians of his person and estate be appointed, returnable
2001 at 3" 3C)0'c1ock, --f2 M., prevailing time.
The time and place of Hearing on the Petition for Adjudication oflncapacity and
Appointment of Plenary Guardians of the Person and Estate of the alleged incapacitated person
are fixed for )Jz ~ 17 ,2001, at .'). 3G1 o'clock, -p- M., prevailing time, in
Courtroom No. ~ the Orphans' Court Division, Cumberland County Courthouse, Carlisle,
Pennsylvania.
At least twenty (20) days, written notice of the hearing shall be given to Philip A. Reed
the alleged incapacitated person, by serving him personally with the Citation and this Order of
Court and a copy of the foregoing Petition together with an explanation of the content and terms
of the Petition; and at least .:1JL-. days written notice of the Petition and Hearing shall also be
given to the next of kin either personally or by registered or certified mail.
llhaH \)\;; <lppuhlled as CUUt.."..! t8 Npfi~"Rt Phili" /1. R."",d,
-"tIl~..aU o~tl me~a01ttl._d rl......M1.
1.
IN THE MATTER OF THE PERSON: IN THE COURT OF COMMON PLEAS
AND ESTATE OF: CUMBERLAND COUNTY, PENNSYLVANIA
PIllLIP A. REED
AN ALLEGED INCAPACITATED
PERSON
NO.
ORPHANS' COURT 2001
CITATION
YOU ARE HEREBY NOTIFIED THAT THE ATTACHED PETITION FOR
THE APPOINTMENT OF A GURADIAN HAS BEEN FILED WITH THE ORPHANS'
COURT OF CUMBERLAND COUNTY AND THAT A HEARING ON THE
PETITION HAS BEEN SCHEDULED BEFORE
,IN
COURTROOM NUMBER
, LOCATED IN THE CUMBERLAND COUNTY
COURTHOUSE, AT ONE COURTHOUSE SQUARE, CARLISLE, PENNSYL VANIA,
ON THE
DAY OF
,2001, AT _ O'CLOCK
_.M. (PREVAILING TIME).
THE PURPOSE OF THIS HEARING IS TO DETERMINE:
1. WHETHER YOU SUFFER FROM ANY MENTAL OR PHYSICAL
IMPAIRMENT WHICH WOULD AFFECT YOUR ABILITY TO
RECEIVE AND EVALUATE INFORMATION EFFECTIVELY AND
COMMUNICATE DECISIONS; AND
2. WHETHER SUCH IMPAIRMENT, IF ANY, IS SIGNIFICANT
ENOUGH TO RENDER YOU P ARTIALL Y OR TOT ALLY UNABLE
TO MANAGE YOUR FINANCIAL RESOURCES OR TO MEET
ESSENTIAL REQUIREMENTS FOR YOUR PHYSICAL HEALTH
AND SAFETY.
AT THE TIME OF THE HEARING, THE COURT WILL RECEIVE
EVIDENCE ABOUT YOUR ALLEGED INCAPACITIES OR FUNCTIONAL
LIMITATIONS. IF THE COURT DETERMINES THAT INCAPACITIES OR
FUNCTIONAL LIMITATIONS EXIST, THE COURT MAY APPOINT A GUARDIAN
TO ACT ON YOUR BEHALF. THE APPOINTMENT OF A GUARDIAN IS A
MATTER OF GREAT IMPORTANCE SINCE IT WOULD RESTRICT AND
INFRINGE UPON YOUR LEGAL RIGHT TO PERFORM CERTAIN ACTIVITIES
OR TO MAKE CERTAIN DECISIONS, POSSffiL Y INCLUDING THE RIGHT TO
HANDLE YOUR OWN MONEY AND TO DECIDE WHERE YOU LIVE.
DUE TO THE SERIOUSNESS OF THIS PROCEEDING, YOU HAVE THE
RIGHT TO REQUEST THE APPOINTMENT OF COUNSEL AND TO HA VB
COUNSEL APPOINTED IF THE COURT DEEMS IT APPROPRIATE. IF YOU
CANNOT AFFORD COUNSEL, YOU HA VB THE RIGHT TO HA VB SUCH
COUNSEL PAID FOR BY THE COUNTY.
IF YOU DO NOT HA VB AN ATTORNEY, OR CANNOT AFFORD ONE, GO
TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, P A 17013
(717) 249-3166
INTHEMATTEROFTHEPERSON: IN THE COURT OF COMMON PLEAS FEB 23 ?Ocu.
AND ESTATE OF: : CUMBERLANDCOUNTY,PENNSYLVANIA ... IV
PHlLIP A. REED NO..:J " ORPHANS' COURT 2001
AN ALLEGED INCAPACITATED
PERSON
PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF
PLENARY GUARDIANS OF THE PERSON AND ESTATE IN ACCORDANCE
WITH 20 Pa. C.S.A. ~5511
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
Petitioners, David L. Reed and Diane M. Reed, respectfully submit this Petition to
the Court for the appointment of plenary guardians of the person and estate of Philip A.
Reed, an alleged incapacitated person, and in support thereof avers the following:
1. The Petitioners are David L. Reed and Diane M. Reed, the natural parents
of the alleged incapacitated person, Philip A. Reed, who resides at 839 Lindsey Road,
Carlisle, Cumberland County, Pennsylvania.
2. The alleged incapacitated person is Philip A. Reed, 18 years of age, born
on March 23, 1982, who resides with his parents at 839 Lindsey Road, Carlisle,
Cumberland County, Pennsylvania.
3. Pursuant to 28 Pa. C.S.A. ~5512(a), this Court has jurisdiction over and is
the proper venue for the appointment of a Guardian of the person and estate of the
incapacitated person.
4. No other Court has ever assumed jurisdiction in any proceeding to
determine the capacity of the alleged incapacitated person and no Guardian has ever been
appointed for the person or estate of the alleged incapacitated person.
5. The next of kin of Philip A. Reed are as follows:
a. David L. Reed - Father
839 Lindsey Road
Carlisle, Pennsylvania 17013
b. Diane M. Reed - Mother
839 Lindsey Road
Carlisle, Pennsylvania 17013
c. Heather M. Reed - Sister
839 Lindsey Road
Carlisle, Pennsylvania 17013
6. To the best of Petitioners' knowledge, information and belief, the alleged
incapacitated person has no Power of Attorney.
7. To the best of Petitioners' knowledge, information and belief, the alleged
incapacitated person has no advance directive, including an advance directive for
health care and has never nominated any individual or other entity to serve as his
Guardian in the event of his incapacity.
8. The alleged incapacitated person has never been a member of the armed
services of the United States and is not receiving benefits form the United States
Veterans' Administration.
9. Petitioners, the natural parents of the alleged incapacitated person, seek to
be appointed Plenary Guardians of the person and estate of their son, Philip A. Reed.
10. The proposed Guardians have no interest adverse to the alleged
incapacitated person.
11. The alleged incapacitated person has a history of Tuberous Sclerosis,
Mental Retardation, and Epilepsy.
2
12. On or about December 1, 2000, an examination of Philip A. Reed by
Winslow Borkowski, M.D., a neurologist for the alleged incapacitated person, observed
speech and cognitive functioning typical of mental retardation with signs of Tuberous
Sclerosis. A true and correct copy of a sworn statement by Winslow Borkowski, M.D. is
attached hereto, marked as Exhibit" A", and incorporated herein by reference.
13. The alleged incapacitated person is unable to receive or evaluate
information and is impaired to such a significant extent that he is unable to manage his
financial resources or make the essential requirements for his physical health and safety.
14. There is no less restrictive alternative to the appointment of Plenary
Guardians of the person and estate of the alleged incapacitated person in that he has not
executed a durable general power of attorney.
15. The approximate gross value of the estate of Philip A. Reed is
$700.00.
16.As a result of the medical condition of their son, Philip A. Reed, the Petitioners
have been required to prepare and execute an Irrevocable Special Needs Supplemental
Trust for the benefit of their son.
17. The Petitioners have incurred certain expenses for which they seek
reimbursement, said expenses being as follows:
a.
b.
$300.00
850.00
325.00
$1,475.00
18. The Petitioners also seek reimbursement for all annual expenses relating to
medication and other medical and dental costs not covered by health
msurance:
a. Current annual medication costs - $288.00
Camp expense -
Irrevocable Special Needs Supplemental Trust
Legal fee and costs For Guardianship
c.
3
19. On or about December 6, 1989, the alleged incapacitated person, Philip A.
Reed, sustained injuries when he was struck by a school bus resulting in a civil action
being filed in the Court of Common Pleas of Cumberland County, Pennsylvania to No.
2627 Civil 1991.
20. The above referenced civil action was settled resulting in periodic
payments to be made to Philip A. Reed, pursuant to an Order of Court, as follows:
a. $7,500.00 payable on March 23,2001; and
b. $14,200.00 payable on March 23,2006.
21. The Petitioners request authority to deposit funds issued and
received as a result of the above mentioned Order of Court into the Irrevocable Special
Needs Supplemental Trust referred to hereinabove.
22. David L. Reed and Diane M. Reed, the natural parents of Philip A. Reed,
consent to being appointed Guardians of the Person and Estate of Philip A. Reed. Copies
of their Executed Consents are attached hereto, marked as Exhibits "B" and "C", and
incorporated herein by reference.
23. The failure to appoint Petitioners as Plenary Guardians of the Person and
Estate of Philip A. Reed will result in irreparable harm to the person and estate of Philip
A. Reed.
WHEREFORE, Petitioners respectfully request that this Honorable Court:
1. Award a Citation directed to Philip A. Reed, the alleged incapacitated
person, and to such other persons as this Court may direct, to show
cause why Philip A. Reed should not be adjudged an incapacitated
4
person, and David L. Reed and Diane M. Reed be appointed Plenary
Guardians of the Person and Estate of Philip A. Reed;
2. That David L. Reed and Diane M. Reed be reimbursed $1,475.00 for
camp expense, the expense of an Irrevocable Special Needs
Supplemental Trust, and legal fees and costs for this Guardianship
action;
3. That the Petitioners be authorized to deposit funds issued and received
as a result of the above mentioned Order of Court into the Irrevocable
Special Needs Supplemental Trust referred to hereinabove; and
4. That Petitioners be authorized to be reimbursed for any future medical
and lor dental expenses not covered by insurance that are paid by
Petitioners.
Respectfully submitted,
AIlihony L. uca,
113 Front Street
P.O. Box 358
Boiling Springs, P A 17007
(717) 258-6844
Attorney for Petitioners
5
VERIFICA nON
I hereby verify that the facts and information set forth in the foregoing Petition for
Adjudication of Incapacity and Appointment of Plenary Guardians of the Person and
Estate of Philip A. Reed 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: ;) / .).)./ (J I
f\
'~cvuJ t ,Pwl
David L. Reed
IN THE MATTER OF THE PERSON AND
ESTATE OF:
IN TIIE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILIP A REED
~~-, AN ALLEGED INCAPACITATED
PERSON
NO.
ORPHANS' COURT 2000
SWORN ST A TF,MFNT {II JRST lA NT ]0 20 Pa r. S A C;-S 11
"
STATE OF DELAWARE
: 58.
COUNTY OF NEW CASTI.E
Winslow Borkowski, M.D., being duly sWorn according to Jaw, deposes and says that:
1. He is a regularly licensed, practicing physician, who has a practice at Alfred 1. DuPont Institute
of the Nemours Foundation, 1600 Rockland Road, P.O. Box 269, Wtlmington. Delaware whereon
~ I ' dOXJ
, he examined a patient therein, viz: Philip A. Reed, an 18 year old male,
with a histQ[Y of
~S~,~~ ~
At the examination of Philip A Reed, the following signs were observed
f~~~iW--a::: ~~-
from which the diagnosis made is:
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~ ~.4/r'j.~
Exhibit "A"
~Vy:yO 10 OZ qa~
~.~
IN THE MATTER OF THE PERSON: IN THE COURT OF COMMON PLEAS
AND ESTATE OF: CUMBERLAND COUNTY, PENNSYLVANIA
PlllLIP A. REED
AN ALLEGED INCAPACITATED
PERSON
NO.
ORPHANS' COURT 2001
CONSENT OF GUARDIANS OF PERSON AND ESTATE
I hereby consent to act as Plenary Guardian of the Person and Estate of Philip A.
Reed, an alleged incapacitated person. I reside at 839 Lindsey Road, Carlisle,
Pennsylvania 17013. I am a citizen of the United States and can speak, read and write the
English language.
Date:
cJ.-/d,d-/Ol
I
Mo /0'''] /
'1 ....-"
. AiL. . ~t...--..
Diane M. Reed --
Exhibit "e"
SP 4-131(1-98)
COMMONWEALTH OF PENNSYLVANIA
NOTIFICATION OF MENTAL HEALTH COMMITMENT
The Uniform Fireanns Ad, 18 PA. C.S. 8105 (c)(4) specifies that it shaD be unlawful for any person adjudicated as an incompetent or who has been involuntarily committed to a mental
Institution for inpatient care and treatment under Section 302, 303, or 304 of the Mental Health Procedures Act of July 9, 1978 (P.L.817, No. 143) to possess, use, manufacture,
control, sell or transfer fireanns. This would include adjucflC8t1on of incapacity pursuant to 20 Pa.C.SA ~5501. Pursuant to the Pennsylvania Mental Health Procedures Act, Section
109, notification shan be transmitted to the Pennsylvania State Police by the judge, mental health review omcer or county mental health and mental retardation administrator within
SEVEN days of the adjudication, commitment or treatment by first class mail to the Pennsylvania State Police, AttenUon: Flreann Unit, 1800 Elmerton Avenue, Harrisburg,
PA 17110. NOTE: The envelope shall be marked uCONFIDENTlAL"
Place an 'X' on either Involuntary Commitment or Adjudicated Incompetent
INVOLUNTARY COMMITMENT
ADJUDICATED INCOMPETENT X
Date of Involuntary Commitment or Adjudicated Incompetent
INDIVIDUAL INFORMA T~ON (INDIVIDUAL INVOLUNTARILY COMMITTED OR ADJUDICATED INCOMPETENT)
LAST NAME
Reed
FIRST Philip
MIDDLE A .
JR., ETC.
MAIDEN NAME
March 23, 1982
ALIAS
SEX M
RACE CauCaSialJllEIGHT
SOCIAL SECURITY NUMBER
61 WEIGHT 145
188-66-5098
Ii ht
HAIR brgwn
EYESblue
DATE OF BIRTH
ADDRESS 839 Lindsey Road, Carl i!':l P, p~ 1701 '3
NOTIFICATION BY (Please print name, address, area code, and phone number of agency or county court.)
County Submitting Notification
Cumberland
County Mental Health and Mental Retardation Administrator
County Mental Health Review Officer
Physician
Hospital I Facility Providing Treatment I Address
Judge ~pnrCJP R Hnffpr, P .J
Court Case Number No. 21 9
DATE 3/19/01
SIGNATURE OF NOTIFYING OFFICIAL
Date of Court Order 3 /1 g / 0 1
.................................1.1.1.....,............,....,.......""......"....1..1.".".........................,-......".....................,......................................................"""""""....**.............1.1............,..,.......................1.1.......1.........1..1...........,.........................................................................................................................
NOTIFICATION OF PHYSICIAN'S DETERMINATION THAT NO SEVERE MENTAL DISABILITY EXISTS
The physician shall provide signed confirmation of the determination of the lack of severe mental disability following the initial examination under Section 302(b) of the Mental Health
Procedures Act and pursuant to the Uniform Firearms Act, Section 6111.1 (g)(3). Notice shall be transmitted by the physician to the Pennsylvania State Police through the county
mental health and mental retardation administrator or mental health review officer.
Name of Physician (Please print.)
Signature of Physician
Date
IN THE MATTER OF THE PERSON: IN THE COURT OF COMMON PLEAS
AND ESTATE OF: CUMBERLAND COUNTY, PENNSYLVANIA
PIDLIP A REED
AN ALLEGED INCAPACITATED
PERSON
NO. 219 ORPHANS' COURT 2001
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA :
SS
COUNTY OF CUMBERLAND
Anthony L. DeLuca Esquire, being duly sworn according to law, deposes and says
that he is an adult over the age of eighteen (18) years; that he served the Petition for
Adjudication of Incapacity and Appointment of Plenary Guardians of the Person and Estate,
Preliminary Order of Court, and Citation filed in the above matter on February 23, 2001
personally by handing to Philip A Reed a true and correct copy thereof and informing him
of its contents at 839 Lindsey Road, Carlisle, Pennsylvania on February 26, 2001 at 12.30
P.M.
Deponent further avers that at the time of said service the said Philip A Reed
identified himself to deponent.
, ()
~ -(-~ci?
uca, Esquire f/'
SWORN TO AND SUBSCRIBED
BEFORE ME THIS /C;tJ(,DA Y
OF MARCH, 2001.
MA~J.OR!EN~Tt:~I~~ SEtL '
Soutn r,t:dr" t' ~~U_.-A "'n"~rv P b I
M ('.;::",~:e ~n TWD. r',:'.'::~.i U lie
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IN THE MATTER OF THE PERSON AND
ESTATE OF:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PHILIP A. REED
AN ALLEGED INCAPACITATED
PERSON
NO.
ORPHANS' COURT 2000
SWORN ST A TFMFNT PI TR SI J ANT TO 20 Pa ('; S A 'i'i 11
STATE OF DELAWARE
: PETITIONER'S
EXHIBIT
l
i ?
01
: SS.
COUNTY OF NEW CASTLE
Winslow Borkowski, M.D., being duly sworn according to law, deposes and says that:
1. He is a regularly licensed, practicing physician, who has a practice at Alfred 1. DuPont Institute
of the Nemours Foundation, 1600 Rockland Road, P.O. Box 269, Wilmington, Delaware whereon
1J~ / , d- (XX) , he examined a patient therein, viz: Philip A. Reed, an 18 year old male,
with a history of
~S~,~~ ~
At the examination of Philip A. Reed, the following signs were observed
t7~~~~~~
from which the diagnosis made is:
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, { . .
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With a prognosis as follows:
2. On the basis of the foregoing history and examination, the affiant is of the opinion that, Philip
A. Reed, "because of
~:t:C~::;::;~
is unable to care for his person and is, therefore, an incapacitated person under the provisions of20 Pa. C.S.A.
5501.
Sworn to and suhJcribed
, befor~ me this~()'aay
\of~&. ,200$.
\
ilOftw t \
Notary Pu lie
~M.D.
0<1\ \~\dOOg..
et~ G.\\TG
PHTL1P A. REED
AN ALLEGED INCAPACITATED
PERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NC - 21-9 ORPHANS' COURT 2001
IN RE:
IMPORTANT NOTICE
CITATION WITH NO TlCE
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 our right to ma'nage money
.
and property and to make decisions. A copy of the petition which has been filed by
ANTHONY L. DeLUCA, ESQ. is attached.
You are hereby ordered to appear at a hearing to be held In Court Room No. _1-, Cumberland
County Courthouse, Carlisle, Pennsylvania, on MARCH 19 ,2001 ,at 3:30 P.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 you
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
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make and communicate decisions. The Guardian will be of your person and/or your money
and other property and will have either limited or full powers to act for you.
.,
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 or by an attorney representing yotl) the court
will still hold the hearing in your absence and may appoint the Guardian requested.
By: 'rn~~. ~.pf)(\ - +- __
Clerk, Orphans' Court IVISlon .~
Cumberland County, Carlisle, PA
My Commission Expires 1 st Monday,
January, 200L-_
DA TED:
FEB.26,2001