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HomeMy WebLinkAbout04-08-08 CC(Q)[;9Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 1. \ bl5 \) q rjJ ORPHANS' COURT ESTATE OF ROBERT WAYNE MAXWELL PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE ESTATE AND PERSON OF ROBERT WAYNE MAXWELL IN ACCORDANCE WITH 20 PA. CONS. STAT. ~5513 The Petition of Holy Spirit Hospital respectfully represents that: CJ ,- j-rl .~ T,) ;:-;.z ro...) C;;:J = 0:> > -0 :::u I co --;'J ", " ',} (~} o -1'1 ::r.-... ::x (__I~::J In '..::;; C') I -'it "1 ~~~ ".. . ,") (..') C) '-'7, TO THE HONORABLE, THE JUDGES OF SAID COURT: o .. ..r:- -.J 1. Your Petitioner, William Donald Maxwell, is an adult individual who resides at 137 Sandollar Drive, Panama City Beach, FL 32408. 2. Petitioner has filed a Petition for Appointment of a Plenary Guardian of the Estate and Person of his brother, Robert Wayne Maxwell, with this Court. Attached hereto and incorporated herein is a true and correct copy of the Petition along with the proposed Preliminary Decree. 3. Robert Wayne Maxwell is currently a patient in the cardiac intensive care unit at Holy Spirit Hospital of the Sisters of Christian Charity located in Camp Hill, Pennsylvania. 4. Robert Wayne Maxwell is currently on a ventilator and an EEG showed little brain activity. 5. Robert Wayne Maxwell is currently in need of an emergency guardian of his estate and his person because the mortgagee for his home in Tennessee has threatened foreclosure or a foreclosure proceeding has already begun. 6. Furthermore, the alleged incapacitated's roommate, Dawn Eckstein, with whom he has a joint checking account, has refused to allow his family access to his account or bills or to pay his bills from this account. 7. It is also believed that the lease on his apartment in Richmond Virginia is set to expire within the next month, which will require the action and intervention of the alleged incapacitated person's family. 8. Robert Wayne Maxwell is an incapacitated person and the appointment of an emergency guardian would allow Robert Wayne Maxwell to receive necessary and appropriate medical treatment to protect his life and his assets. 9. William Donald Maxwell, his brother, is willing to act as emergency guardian of the person and the estate of William Donald Maxwell in order to consent to medical, diagnostic and therapeutic treatment and to protect and preserve the alleged incapacitated person's assets until the time this Court has a hearing on the full guardianship pursuant to Section 5511 of the Probate, Estate and Fiduciary Code. WHEREFORE, Petitioner respectfully requests that this Court schedule a hearing within 72 hours pursuant to law and appoint William Donald Maxwell as the emergency guardian of the person of Robert Wayne Maxwell, with the emergency guardianship to be in effect with respect to the guardianship of the person of Robert Wayne Maxwell until the time the Court has scheduled a hearing on the full guardianship pursuant to Section 5511 of the Probate, Estate and Fiduciary Code. JOHNSON, DUFFIE, STEWART & WEIDNER Date: April 8,2008 By: Dav' W. DeLu e Att ney I.D. No. 41687 Elizabeth D. Snover Attorney I.D. No. 200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioner, William Donald Maxwell :328622 VERIFICA TION I, William Donald Maxwell, verify that the statements made in the foregoing 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.A. 94904 relating to unsworn falsification to authorities. ccJ. ~'ma)fum W. Donald Maxwell Dated: 4-L/-{)f) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF ROBERT WAYNE MAXWELL PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE ESTATE AND PERSON OF ROBERT WAYNE MAXWELL IN ACCORDANCE WITH 20 PA. CONS. STAT. ~5513 ACCEPTANCE OF PROPOSED EMERGENCY GUARDIAN William Donald Maxwell of 137 Sandollar Drive, Panama City Beach, FL 32408 hereby agrees to accept the appointment as plenary guardian of the person and estate of his brother Robert Wayne Maxwell, if he is adjudged to be an incapacitated person by the Cumberland County Orphans' Court. 4J.~at)4~ W. Donald Maxwell Dated: ~L Lf-Qf3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS'COURT ESTATE OF ROBERT WAYNE MAXWELL PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON OF ROBERT WAYNE MAXWELL IN ACCORDANCE WITH 20 PA. CONS. STAT. ~5513 PRELIMINARY DECREE AND NOW, this day of April, 2008, upon consideration of the Petition of William Donald Maxwell, it is ORDERED AND DECREED that a citation is awarded, directed to Robert Wayne Maxwell, the alleged incapacitated person, to show cause why William Donald Maxwell should not be appointed emergency guardian of his person and his estate for the purposes set forth in this Petition, with the emergency guardianship to be in effect for a period of time until a full and final guardianship hearing is held on this matter by this Court. Notice of hearing on this Petition is to be given to Robert Wayne Maxwell, the alleged incapacitated person, by counsel for the Petitioner, with hearing on the same to be held on 2008 at o'clock .M., in Courtroom No. , of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF ROBERT WAYNE MAXWELL PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON OF ROBERT WAYNE MAXWELL IN ACCORDANCE WITH 20 PA. CONS. STAT. ~5513 FINAL DECREE AND NOW, this day of , 2008, upon consideration of the Petition of William Donald Maxwell and after hearing held as directed by the Court, this Court finds that William Donald Maxwell currently lacks sufficient mental capacity to make or communicate responsible decisions concerning his person and estate, and an emergency guardian is needed to protect him so proper medical treatment can be provided to him and so his assets are preserved and protected. It is therefore ORDERED AND DECREED that William Donald Maxwell is appointed emergency guardian of the person and estate of Robert Wayne Maxwell from the date of this Court's Order until the full and complete guardianship hearing is held by this Court. William Donald Maxwell may consent to the admission of Robert Wayne Maxwell to a hospital or any other such appropriate medical or living facility for his care, treatment and protection, as well as to consent to any medical diagnostic testing or medical treatment including surgical procedures and the administration of pharmaceuticals as recommended by his treating physicians and to take whatever other steps are necessary to protect his person until further Order of this Court. William Donald Maxwell Is empowered and authorized to take possession and secure the assets of Robert Wayne Maxwell and to pay any bills or debts that are presently due or overdue, and to take whatever steps are necessary to secure any real property owned by him. The appointment of the emergency guardian of the person and property of Robert Wayne Maxwell shall remain in place and be effective until further Order of this Court. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF ROBERT WAYNE MAXWELL PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE ROBERT WAYNE MAXWELL TO BE INCAPACITATED AND TO APPOINT A PLENARY GUARDIAN TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Holy Spirit Hospital respectfully represents that: 1. Your Petitioner, William Donald Maxwell is an adult individual residing at 137 Sand Dollar Drive, Panama City Beach, FL 32408. William Donald Maxwell is also the brother, and only sibling, of the alleged incapacitated person, Robert Wayne Maxwell. 2. The alleged incapacitated person is Robert Wayne Maxwell, a divorced man, age 53, who last resided in an apartment at 8714 Beacontree, Apt. 4, Richmond, VA 23294-4006. 3. On March 18, 2008, he was admitted to the Emergency Room at Holy Spirit Hospital of the Sister's of Christian Charity "Holy Spirit Hospital" in Camp Hill, Cumberland County, Pennsylvania for a cardiac condition. 4. Robert Wayne Maxwell was in the Harrisburg area on a job to remodel local CVS pharmacy stores for his employer RGIS. 5. The alleged incapacitated person underwent surgery on March 18, 2008 and is now in the Cardiac Intensive Care Unit at Holy Spirit Hospital where he is non-responsive, on a ventilator, and an EEG showed little signs of brain activity. 6. Robert Wayne Maxwell's current diagnosis is: coronary artery disease and cardio myopathy. His prognosis has been described by his treating cardiologist Dr. Sang Kim as poor. 7. The known relatives of the alleged incapacitated person are: A. William Donald Maxwell, his brother and petitioner herein; and B. Samuel and Louise Maxwell, his mother and father who reside at 119 Fairway Blvd. Panama City Beach, FL 32407. 8. The alleged incapacitated person has been estranged from his parents for many years, however, they have come to visit him in the hospital and do not object to the appointment of their son, William Donald Maxwell, to be appointed as plenary guardian. 9. The alleged incapacitated person is divorced and his ex-wife currently resides in his home located at 5 West Bel-Air Blvd., Clarksville, TN 37042. 10. The alleged incapacitated person entered into a forbearance agreement with the mortgage company, Citi Residential Lending, regarding his Tennessee home and it is believed that this agreement is or will soon be in default and that a foreclosure proceeding will be filed or has already been filed. 11. The alleged incapacitated person currently resides with a roommate, Dawn Eckstein, in an apartment located at 8714 Beacontree, Apt. 4, Richmond, VA 23294-4006. 12. The alleged incapacitated person opened a joint account, believed to be at Wachovia Bank, with Ms. Eckstein where his paycheck from RGIS is directly deposited. 13. Ms. Eckstein has refused to give the alleged incapacitated's family access to this account to pay his necessary bills such as rent and the monthly mortgage payment as outlined in the forbearance agreement. 14. The approximate value of the alleged incapacitated person's estate is unknown at this time as the family has been unable to access his financial information. 15. Robert Wayne Maxwell is an incapacitated adult person within the meaning of 20 Pa.C.A. Chapter 55 who needs a court appointed guardian for his person and his estate. 16. It is believed and therefore averred that Robert Wayne Maxwell does not have a Power of Attorney or Living Will. 17. A guardian is necessary to facilitate Robert Wayne Maxwell's needed medical care and treatment and to protect and preserve his assets. 18. It is believed that no other court has assumed jurisdiction in any proceedings to determine the capacity of Robert Wayne Maxwell. 19. William Donald Maxwell, the alleged incapacitated person's brother, is willing to accept the appointment of guardian of the person of Robert Wayne Maxwell and has no interest adverse to his brother. 20. Robert Wayne Maxwell will not be able to attend the hearing and his treating physician will testify that his attendance must be excused as it would adversely affect his recovery and treatment in the Cardiac Intensive Care Unit. WHEREFORE, your Petitioner prays that a Citation be issued to Robert Wayne Maxwell to show cause why he should not be adjudged to be incapacitated and a plenary guardian for his person and his estate be appointed, and that the Court schedule a hearing on this Petition. JOHNSON, DUFFIE, STEWART & WEIDNER Date: April 8, 2008 By: David W eLuce Attorne .D. #41687 Elizabeth D. Snover Attorney I.D. #200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioner :328633 VERIFICA TION I, William Donald Maxwell, verify that the statements made in the foregoing 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.A. S4904 relating to unsworn falsification to authorities. ~J. ~ ma.rutdl/ W. Donald Maxwell Dated: Lj-LJ- De IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS'COURT ESTATE OF ROBERT WAYNE MAXWELL PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE ROBERT WAYNE MAXWELL TO BE INCAPACITATED AND TO APPOINT A PLENARY GUARDIAN ACCEPTANCE OF PROPOSED PLENARY GUARDIAN William Donald Maxwell of 137 Sandollar Drive, Panama City Beach, FL 32408 hereby agrees to accept the appointment as plenary guardian of the person and estate of his brother Robert Wayne Maxwell, if he is adjudged to be an incapacitated person by the Cumberland County Orphans' Court. ':LJ, ~dCn1)~ W. Donald Maxwell Dated: 1./ -4~()6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF ROBERT WAYNE MAXWELL PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE ROBERT WAYNE MAXWELL TO BE INCAPACITATED AND TO APPOINT A PLENARY GUARDIAN PRELIMINARY DECREE AND NOW, this day of , 2008, upon consideration of the annexed Petition, it is ORDERED AND DECREED that a hearing on this matter is set for the day of , 2008, in Courtroom No. , at o'clock _.M. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, and that a Citation be issued to Robert Wayne Maxwell commanding him to show cause why he cannot appear at the aforementioned hearing pursuant to the Petition of William Donald Maxwell to have Robert Wayne Maxwell adjudicated an incapacitated person and to have William Donald Maxwell appointed as the plenary guardian appointed for his person and estate. Notice of the hearing shall be given to Robert Wayne Maxwell in accordance with 20 P.S. S 5511 (a) not less than twenty (20) days prior to the hearing. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF ROBERT WAYNE MAXWELL PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE ROBERT WAYNE MAXWELL TO BE INCAPACITATED AND TO APPOINT A PLENARY GUARDIAN FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN AND NOW, this day of April, 2008, a hearing in this case having been held on , 2008, and it appearing to the Court that Robert Wayne Maxwell was properly served with a Citation and Notice of this hearing, and properly excused based on the testimony of his treating physician, the Court finds from the testimony presented at the hearing: 1. That Robert Wayne Maxwell suffers from severe medical conditions which totally impairs his capacity to receive and evaluate information effectively and to make and communicate decisions concerning management of financial affairs or to meet the essential requirements for his physical health and safety. 2. That there exists no other less restrictive alternative mechanism for decision making. 3. That based on the total incapacity of Robert Wayne Maxwell to receive and evaluate information and to make or communicate decisions, a plenary guardian of the person and a plenary guardian of the estate are required on a permanent basis. NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings it is ORDERED, ADJUDGED and DECREED that Robert Wayne Maxwell be and is hereby adjudged an incapacitated person and William Donald Maxwell is hereby appointed Plenary Guardian of the Person and the Estate of Robert Wayne Maxwell. A Report by the Plenary Guardian shall be filed on an annual basis with the Court. No bond shall be required of the Plenary Guardian named herein. The Plenary Guardian is hereby authorized to make decisions on Robert Wayne Maxwell's behalf concerning his medical care and treatment including his admission to nursing homes, personal care facilities, hospitals and other healthcare providers, as well as to consent to and authorize medical treatment; and the Plenary Guardian herein appointed is further authorized to take possession and secure all of the assets of his Estate including the principal and interest, and to conduct his business affairs on his behalf, including the sale or transfer of any of his assets including all real estate owned by him, payment of his bills and expenses, access to his bank accounts, investment of assets and all matters related thereto. BY THE COURT: J.