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HomeMy WebLinkAbout04-08-08 (2) CC~~1f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2...\ ()~ 6L{-DD 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 The Petition of Holy Spirit Hospital respectfully represents that o ,- ;=:;~ -TJ ::r.:O )>r- ";7111 ,:~:~~ 7? " /" ,...." = = <= ;::.. -u :::0 J co TO THE HONORABLE, THE JUDGES OF SAID COURT: '-'r---n (-=:) -T: :!: :) c:::: -"" L..! .:D - C) 1. Your Petitioner, William Donald Maxwell is an adult individual resi~.~t at 13~san~...Q~Qar Drive, Panama City Beach, FL 32408. William Donald Maxwell is also the brother, and only ~Iing, ot'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 .0. #41687 Elizabeth D. Snover Attorney 1.0. #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. 94904 relating to unsworn falsification to authorities. i~j, ~ mn fL1JJ)j W. Donald Maxwell Dated: L/-L/~. Og 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. ~"-), ~GJ.Crnl~ W. Donald Maxwell Dated: 1./ -4-0f) 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.