HomeMy WebLinkAbout02-0553IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE: ORPHAN'S COURT DIVISION
PAUL S. LIGHTNER
and alleged incapacitated ~ ~ ~~ ~~~
person NO.
GUARDIANSHIP-INCAPACITATED PERSON
PETITION FOR APPOINTMENT
OF GUARDIAN OF ESTATE
NOW COMES, Patricia Ann Shatto, by and through her counsel, Karl E. Rominger,
Esquire and in support of her Petition for Appointment of Guardian of Estate avers as follows:
1. Petitioner is Patricia Ann Shatto, an adult individual residing at 500 Fox Hollow Road,
Shennansdale, Perry County, Pennsylvania.
2. The alleged incapacitated person is Paul S. Lightner, (hereinafter "Lightner") an adult
individual, aged approximately 56 years, who currently resides at the Claremont Nursing and
Rehabilitation Center, 375 Claremont Drive, Carlisle, Cumberland County, Pennsylvania.
3. Petitioner is the step-daughter of Paul Lightner.
4. Lightner has been a resident of the Claremont Nursing and Rehabilitation Center
(hereinafter "Claremont") since November, 2001.
5. The only other heir of Lightner other than Petitioner, is Roxanna Deihl, Lightner's
other step-daughter, who resides at 481 Fox Hollow Road, Shermansdale, Perry County,
Pennsylvania.
6. Petitioner has no actual knowledge of any other Court within this Commonwealth
which has appointed a guardian for this alleged incapacitated person.
7. Petitioner has no interest adverse to the alleged incapacitated person and has agreed to
act as guardian of the estate if this Honorable Court should so appoint.
8. Petitioner is concerned because after Lightner was admitted into the Claremont
Nursing Home, his Power of Attorney, Roxanna Deihl has upon information and belief, has
mismanaged his estate.
9. Roxanna Deihl has indicated that she wishes Petitioner would sign various paperwork,
so that she may dispose of the estate and hide it from the Nursing Home.
10. Upon information and belief, Roxanna Deihl has also removed much of the bulk of
the estate in form of personalty and the like.
11. Upon information and belief, the Power of Attorney continues to negotiate incoming
funds but is not adequately paying bills or maybe commingling funds.
12. Petitioner is concerned that Lightner's assets will be depleted entirely by the cost of
this care.
13. Petitioner is concerned that Lightner's remaining assets will be dissipated or wasted.
This would require Lightner to apply for Public Assistance benefits.
14. Petitioner feels that irreparable harm will result if the Court will not grant the
Emergency Order requested herein.
15. Petitioner needs to freeze Lightner's accounts and require the Power of Attorney to
give an accounting, and in the meantime, revoke said Power of Attorney.
WHEREFORE, Petitioner respectfully requests that this Honorable Court set a hearing at
which the averments of this Petition may be documented and the appointment of Petitioner as
guardian for the estate of the alleged incapacitated person considered, with notice thereof to be
given to such persons as this Court may direct. Petitioner further requests that a Uuardlan Ad
VERIFICATION
1 verify that I am the petitioner and that the statements made in the foregoing Petition are
true and correct. I understand that false statements herein are made subject to the penalties of 18
Pa. C. S. § 4904, relating to unsworn falsification to authorities.
Date: /. ~~; ~? ~ i~, ~ / U/may. Ate, 1 ^^OO ff
N/~ 3
Patricia A. Shatto
. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
~ ~' ORPHAN'S COURT DIVISION
PAUL S. LIGHTNER
and alleged incapacitated ~ I _ D ~ - ~~
person NO.
GUARDIANSHIP-INCAPACITATED
PRELIMINARY ORDER
AND NOW, this ~ day of , 2002, upon motion of Patricia
Shatto and upon consideration of the attached Petition, CITATION is issued upon Paul S.
Lightner to show cause why a guardian of his estate should not be appointed. A hearing on this
matter shall beheld in Courtroom # 3 , of the Cumberland County Courthouse, in Carlisle,
Pennsylvania on the ~
~, day of ll , 2002, at~y o'clock /~- rn,
Distribution:
Karl E. Rominger, Esquire
Roxanna Deihl
481 Fox Hollow Road
Shermansdale, PA 17090
Paul S. Lightner
_F--~=-:
IN RE: PAUL S. LIGHTNER AN ALLEGED IN THE COURT OF COMMON PLEAS OF
INCAPACITATED PERSON :CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2002-0553
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the 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 PATRICIA
ANN SHATTO 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 5TH , 2002, at 9:30 A.M. to tell the
Court why is 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 as to your alleged incapacity.
If the Court decides that you aze an Incapacitated person, the Court may appoint a
Guardian for you, based on the nature of any condition or disability and your capacity to
~.
make and communicate decisions. The Guardian will be of your person and/or your
money and other property and will have either limited of 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 to 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.
Cle , Oi hans' Court Division
Cum erland County, Carlisle, PA
My Commission Expires I s` Monday,
January, 2006
IN RE: : IN THE COURT OF COMMONPLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
PAUL S. LIGHTNER, :ORPHANS' COURT DIVISION
AN ALLEGED INCAPACITATED
PERSON N0.21-2002-0553
ORDER OF COURT
AND NOW, August 5, 2002, this matter having been called for a
hearing, and the alleged incompetent not being present in the courtroom, nor
represented by counsel, Michael Scherer, Esquire, is appointed to represent
the alleged incompetent and the matter shall be relisted for hearing at the
request of any party.
Gregory Cutler, Esquire, represents Roxanna Diehl, astep-daughter of
the alleged incompetent, and Karl Rominger, Esquire, represents Patricia
Shatto, also astep-daughter. The attorneys relate to the court that the
incompetent has no immediate surviving family, except for a natural brother,
Donald Lightner of Marysville, Pennsylvania. The attorneys relate to the
court that neither attorney is aware of any will in existence.
Karl Rominger, Esquire
Gregory Cutler, Esquire
Michael Scherer _Espuice
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By the Court,