HomeMy WebLinkAbout01-0576
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
ISABELLE J. BICKEL, an
alleged incapacitated
person
No. ,:).1 - 0 I "S7"
TO: Ms. Isabelle J. Bickel
c/o HCR Manor Care
940 Walnut Bottom Road
Carlisle, Pennsylvania 1 701 3
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 HCR Manor Care is attached.
You are hereby ordered to appear at a hearing to be held in Courtroom # of
the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County,
Pennsylvania, on
_ .m. to tell the Court why it should
at
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.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
ISABELLE ]. BICKEL, an
alleged incapacitated
person
No.
ORDER
AND NOW, this c2tJ ..r;ay of
J 2001, upon consideration of
the annexed Petition, IT IS ORDERED, AD UDGED, AND DECREED that a Citation be
issued, directed to Isabelle]. Bickel, to show cause, if any there may be, why she should
not be adjudged an incapacitated person and a plenary guardian be appointed for herj
hearing to be held on the 81'<-daYOf 4~F- 2001, at 9 ""30!:..m.lp.m.,
in Courtroom # ..L of the Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, Cumberland County, Pennsylvania. Said Citation shall be served upon the alleged
incapacitated person, Isabelle]. Bickel, by an adult individual, not a party to the
proceedings who shall execute an affidavit of service, and the same is to be returnable to
the Court on the date and time of said hearing, aforementioned.
Notice of the Petition and hearing shall be given to Isabelle ]. Bickel, the alleged
incapacitated person, by either registered or certified mail, return receipt requested, not
less than twenty (20) days prior to the hearing.
BY THE COURT,
].
~-
,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
ISABELLE J. BICKEL, an
alleged incapacitated
person
No.
ORDER
AND NOW, TO WIT, this
day of
, 2001, upon
consideration of the within Petition,
is hereby appointed plenary guardian of the estate and person of Isabelle]. Bickel.
IT IS SO ORDERED:
BY THE COURT,
J.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
ISABELLE J. BICKEL, an
alleged incapacitated
person
No.
PETITION FOR AD1UDlCA TION OF INCAPACITY AND APPOINTMENT
OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN
ACCORDANCE WITH 20 PA C.S.A. SECTION 5511
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
1. Petitioner, HCR Manor Care (hereinafter referred to as "Petitioner"), is a
health care provider qualified to conduct business in the Commonwealth of Pennsylvania,
and is the residential services provider for Isabelle J. Bickel, the alleged incapacitated
person. Petitioner maintains offices and/or a place of business within the County of York,
located at 940 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. The alleged incapacitated person, Isabelle J. Bickel, having a date of birth of
July 22, 1932, is currently 68 years of age, widowed, and presently maintains her
domicile at 940 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania 17013.
3. To the best of the Petitioner's knowledge, information and belief, the names
addresses and relationships of the alleged incapacitated person's parents, spouse and/or
adult testate or intestate heirs are as follows:
Daughter - Tamara McCoy
15 South 30th Street, Camp Hill, PA 17011
Son - Raymond Lee Bickel (Attorney-in-fact)
Regiment Boulevard, Enola, PAl 7025
4. The alleged incapacitated person's functional limitations are: disorientation as
to time and occasionally as to place; non-ambulatory; incontinent; able to speak, but not
into complete a sentence; on a pureed diet as a result of dental deteriorated due to aging;
inability to perform any activities of daily living without substantial assistance.
5. The alleged incapacitated person lacks sufficient capacity to make or
communicate responsible decisions concerning her person or property due to her age and
physical incapacity, more specifically described herein, which has permanently impaired the
alleged incapacitated person's abilities and which requires the care available at a skilled care
facility .
6. Petitioner seeks the appointment of a plenary guardian of the person of
Isabelle]. Bickel due to potential allegations of breach of fiduciary obligation by the alleged
incapacitated person's existing Power of Attorney, and because infirmities of old age and
mental deficiencies impair her ability to receive and evaluate information effectively and
communicate decisions in any way to such a significant extent that she is totally unable to
meet essential requirements for her physical health and safety, and is totally unable to
manage her financial resources.
7. The specific areas concerning which Isabelle]. Bickel is alleged to be
incapacitated are as follows:
a. Mental infirmities of old age;
b. Mental disability;
c. Moderately advanced to advanced dementia;
d. Dysphagia;
2
e. Gloucoma;
f. Coronary artery disease;
g. Hypertension;
h. Kidney failure;
i. Anxiety;
j. Depression;
k. Arthritis; and
I. Alzheimer's disease;
8. The alleged incapacitated person, upon information and belief, was never a
member of the armed services of the United States.
9 . To approximate value and/or extent of the assets of the alleged incapacitated
person are unknown to the Petitioner.
10. The estimated monthly net income of the alleged incapacitated person from
all sources is unknown to the Petitioner.
11. Because of her mental and/or physical condition, the alleged incapacitated
person is totally unable to manage her financial affairs, property, and business and is liable
to dissipate her property or become the victim of designing persons and lacks the capacity
to make and communicate responsible decisions relating thereto, including the ability to
communicate her need for assistance in these areas.
12. Because of her impaired mental and/or physical condition, the alleged
incapacitated person lacks the capacity to make or communicate responsible decisions
3
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concerning her person and is unable to keep herself properly nourished and hydrated,
make her own living arrangements or otherwise tend to the daily necessities of her care.
13. The severity of the alleged incapacitated person's mental and/or physical
condition and the lack of viable, less restrictive alternatives necessitate that a plenary
guardian of her estate be appointed to manage and handle all aspects of the alleged
incapacitated person, specifically including, but not limited to all issues related to her cash,
checks, and any bank or savings accounts held in her name, stocks and bonds, personal
property, real estate, life and other insurance of which she is a beneficiary, entitlement to
any governmental and non-governmental benefit plans, federal, state and local taxes, claims
made or to be made on behalf of her or against her, the execution of documents, entry
into contracts affecting her and the payment of reasonable compensation or costs to
provide services for her.
14. The severity of the alleged incapacitated person's mental and/or physical
condition and the lack of viable less restrictive alternatives necessitate the plenary guardian
of her person be appointed to handle all issues relating to the person of alleged
incapacitated person, specifically including, but not limited to her living arrangements, her
medical and psychiatric care, the administration of medication to her, and the employment
and discharge of physicians, psychiatric, dentist, nurses, therapists, and other professionals
for her physical and mental treatment and care.
1 5. To the extent known by Petitioner, it is averred that the alleged incapacitated
person has executed a durable Power of Attorney, as aforesaid.
4
16. To the extent known by Petitioner, it is averred that the alleged incapacitated
person has not executed an Advance Directive for Health Care or Living Will.
17. To the extent known by Petitioner, it is averred that the alleged incapacitated
person does not have a Will which, inter alia, names the alleged incapacitated person's
existing attorney-in-fact as Executor.
18. Petitioner is without knowledge or information as to whether the alleged
incapacitated person has funds reserved for funeral and burial.
1 9. No reasonable alternatives to the appointment of a guardian of the person
exist, due to the age and physical condition of the alleged incapacitated person, and due to
the allegations of breach of fiduciary obligations by the alleged incapacitated person's
existing Power of Attorney, as outlined above.
20. The Petitioner proposes that this Honorable Court appoint a plenary
guardian of the estate and person of Isabelle J. Bickel, the alleged incapacitated person.
2 1 . The Petitioner requests that the proposed guardian of the estate and person
have no interest adverse to the alleged incapacitated person.
22. No other Court, upon information and belief, has heretofore assumed
jurisdiction in any proceeding to determine the capacity of the alleged incapacitated
person.
23. Upon information and belief, no other guardian has been appointed for the
Estate or the person of the alleged incapacitated person.
5
WHEREFORE, Petitioner respectfully requests that this Honorable Court award a
citation directed to Isabelle J. Bickel, the alleged incapacitated person, and to such other
persons as this Honorable Court may direct to show cause why Isabelle J. Bickel should not
be adjudged a fully incapacitated person, and in need of a plenary guardian of her person
and estate, and to require notice of this proceeding to such persons as this Honorable
Court may direct.
Respectfully submitted,
-A
"
Daniel F. Wolfson, Esquire
WOLFSON & ASSOCIA
267 East Market Street
York, PA 17403
(717) 846-1252
ID No. 20617
Attorney for Petitioner
6
OS/23/01 02:50 FAX
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VERIFICATION
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, hereby verifies that he/she Is employed by
HeR Manor Care, 940 Walnut Bottom Road, Carlisle, Pennsylvania (Petitioner herein) as
~~,,,.....,..........'S.~~~,-
of Petitioner's Health Care Facility; and that as such,
she Is authorized to make the within verification on Petitioner's behalf; and further that the
facts and statements contained wtthln the foregolnl Petition for Adjudication of Incapadty
and Appoinanent of Plenary Guardian are true and correct to the best of his/her
knowledee, InfonnatJon and belief.
This verlfkatJon is made subiect to the penalties set forth In 18 Pa. C.S. Section
4904, relating to unsworn falsification to aumorities.
HeR Manor Care:
: .
DATE: ~\ \,\t)\
,; By:
~ .,
~~~~
, ,
ISABELLE J. BICKEL, an
alleged incapacitated
person.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N(~- ORPHANS'COURT
21~-576
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 manage money
and property and to make decisions. A copy of the petition which has been filed by
DANIEL F. mLFSON, ESQ.
is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No.
3 ,Cumberland
County Courthouse, Carlisle, Pennsylvania. on
AUGUST 8
. 200L. at 9:30
A .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 you) the court
will still hold the hearing in your absence and may appoint the Guardian requested.
By: c..
Clerk Orphans' Cou t Division
Cumberland County, Carlisle, PA
My Commission Expires 1 st Monday,
January, 2002
DATED: JUNE 22,2001
IN RE:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-01-575 ORPHANS' COURT
VIOLET M. TROUT,
alleged incapacitated
person
IN RE: HEARING DATE
ORDER OF COURT
AND NOW, July 11, 2001, hearing in the above matter has been
continued from August 8, 2001, to August 13, 2001, at 10:00 a.m. in
Courtroom No.3; counsel for the petitioner to notify all interested parties.
/'
By the Court,
P.J.
Daniel F. Wolfson, Esquire
Wolfson & Associates, P.C.
267 East Market Street
York, PA 17403
IN RE:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-01-575 ORPHANS' COURT
VIOLET M. TROUT,
alleged incapacitated
person
IN RE: HEARING DATE
ORDER OF COURT
AND NOW, July 11, 2001, hearing in the above matter has been
continued from August 8, 2001, to August 13, 2001, at 10:00 a.m. in
Courtroom No.3; counsel for the petitioner to notify all interested parties.
/'
By the Court,
P.J.
Daniel F. Wolfson, Esquire
Wolfson & Associates, P.C.
267 East Market Street
York, PA 17403
(/
IN RE:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-01-576 ORPHANS' COURT
ISABELLE J. BICKEL,
alleged incapacitated
person
IN RE: HEARING DATE
ORDER OF COURT
AND NOW, July 11, 2001, hearing in the above matter has been
continued from August 8, 2001, to August 13, 2001, at 9:30 a.m. in
Courtroom No.3; counsel for the petitioner to notify all interested parties.
By the Court,
P.J.
Daniel F. Wolfson, Esquire
Wolfson & Associates, P.C.
267 East Market Street
York, PA 17403
IN RE:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ISABELLE J. BICKEL,
alleged incapacitated
person
NO. 21-01-576 ORPHANS' COURT
IN RE: HEARING DATE
ORDER OF COURT
AND NOW, July 11, 2001, hearing in the above matter has been
continued from August 8, 2001, to August 13, 2001, at 9:30 a.m. in
Courtroom No.3; counsel for the petitioner to notify all interested parties.
By the Court,
P.J.
Daniel F. Wolfson, Esquire
Wolfson & Associates, P.C.
267 East Market Street
York, PA 17403
~
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-01-576 ORPHANS' COURT
ISABELLE J. BICKEL,
alleged incapacitated
person
IN RE: HEARING DATE
ORDER OF COURT
AND NOW, July 18, 2001, hearing in the above matter has been
continued from August 13, 2001, to August 17, 2001, at 9:30 a.m. in
Courtroom No.3; counsel for the petitioner to notify all interested parties.
By the Court,
P.J.
Daniel F. Wolfson, Esquire
Wolfson & Associates, P.C.
267 East Market Street
York, PA 17403
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
ISABELLE ]. BICKEL, an
alleged incapacitated
person
No. 21-01-576
RETURN OF SERVICE
-----
'- )\.1-\ V atJ.u?> a.m.;(ri,\ I,
'\\ , served a "Order"oftourt"
rescheduling the August 13, 001 hearing to August 17,2001, by personal service on
the alleged incapacitated person, ISABELLE J. BICKEL, at the following address:
Manor Care, 940 Walnut Bottom Road, Carlisle, PA 17013
I verify that the statements made in this return of service are true and correct. I
understand that false statements herein are made subject to the penalties of 10 Pa. C. S. A.
See. 4904 relating to unsworn falsification to authorities.
I."""" ::,;:~:;~~:~~%':,J'~:~C~~~':~~'''l
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, . .. . _:",fl"~;0i.; :'
Date: ""\ :lL. v\
SWORN and SUBSCRIBED
to before me this ~ day
of 4 ,2001.
C' ~'" ~ 'l.u ~ ~'" 1M' ~
tary Public
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-01-576 ORPHANS' COURT
ISABELLE J. BICKEL,
alleged incapacitated
person
IN RE: HEARING DATE
ORDER OF COURT
AND NOW, July 18, 2001, hearing in the above matter has been
continued from August 13, 2001, to August 17, 2001, at 9:30 a.m. in
Courtroom No.3; counsel for the petitioner to notify all interested parties.
By the Court,
P.J.
Daniel F. Wolfson, Esquire
Wolfson & Associates, P.C.
267 East Market Street
York, PA 17403
WOLFSON & ASSOCIATES, P.C.
Attorneys at Law
An( )I~NI':YS
1).IIJiI'II:. Wolf SOli
^IIIY I:. Wolf SOli
1'1Ji1i1l (' Wdrllllli('
BHAN( '1-1 ()I.'FI< ').::
267 East Market Street
York, Pennsylvania] 7403
H Millldlt'sll'r SIIl'I'1
(;(PIl Hock, I'^ 17:\:!i
(717) ~U~-~()II
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Mmri.sl II I I\. Willidllls
1 )olldllll.. lIo;n.(I'o,o
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Mdr~dll'II,. 1\1It~
(7] 7) 846-] 252
(800) 32] -8467
FAX (7] 7) 848-] ] 46
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10 August 200 I
The Honorable George E. Hoffer
Cumberland County Court House
I Courthouse Square
Carlisle, PA 170] 3-3387
IN RE: Isabelle J. Bickel, an alleged incapacitated person
Cumberland County Orphan's Court NO.2] -0 1-576
Dear Judge Hoffer:
Kindly allow this correspondence to confirm the context of the recent telephone conversation
between our respective secretaries. As indicated, it is our understanding that the issues
surrounding the above referenced matter may have been resolved. Accordingly, we are requesting
[hat [he hearing currently scheduled for August 17, 200] at 9:30 a.m. be continued generally,
pending the outcome of the potential resolution of this matter.
Pursuant to the instructions of your office, we enclose a proposed Order for your review and
execution. We also enclose self-addressed, stamped envelopes to all interested parties so that they
may be advised that the Court has generally continued the hearing and that their presence on
August I 7'1l will not be required. By copy of this correspondence, we are advising all interested
parties of our intentions in this matter.
Thank you for your time and attention in this matter. Should you have any questions or require
any additional information, please do not hesitate to contact the undersigned.
Sincerely,
W LFSON & ASSOCIATES, P.c.
.', iL)J/~-
I y . Wolfson, Er-
AF / 1mm
Enclosure
pc: Sue Gordon, HCR Manor Care (w/enclosure)
Isabelle E. Bickel, alleged incapacitated person (w/enclosure)
Tamara McCoy (w/enclosure)
Lee Bickel (w/enclosure)
Mark E. Halbruner, Esquire - counsel for Lee Bickel (w/enclosure)
'I
u
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE:
ISABELLE ). BICKEL, an
alleged incapacitated
person
No. 21-01-576
rIM ORDER
AND NOW, this t? ~a/ of August, 200 I, it is hereby ORDERED and DIRECTED
that the hearing currently scheduled in the above captioned action for August I 7, 200 I at
9:30 a.m. be continued, generally, pending the outcome of the potential resolution of this
matter among the parties. In the event that the attempted resolution of this matter is not
successful, Petitioner shall have the right to request that this hearing be rescheduled to a
later date and time.
BY THE COURT,
P.).
copies to:
Wolfson & Associates (on behalf of Petitioner, HCR Manor Care)
Mark E. Halbruner, Esquire (on behalf of Lee Bickel)
Isabelle E. Bickel
Tamara McCoy
I
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