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HomeMy WebLinkAbout05-19-09IN RE: ESTATE OF CAROL M. KEENY : IN THE COURT OF COMMON PLEAS OF AN ALLEGED INCAPACITATED :CUMBERLAND COUNTY, PENNSYLVANIA PERSON ORPHANS' COURT DIVISION (f~~ 0 / i~Y ti 0 .o 7 ~_: z' r ~ r U PETTI'ION OF ADJUDICATION OF INCAPACITY AND :-- ~? ~ ~ ! r, APPOINTMENT OF PLENARY GUARDIAN OF THE ESTA~,~si~ '` ~ AND PERSON IN ACCORDANCE WITH 20 Pa.C.S.A. § 55~`?-i`~ _ -~ w ~'`;; TO THE HONORABLE, THE JUDGES OF THE SAID COURT: ~ '"`' ~ AND NOW, comes the Petitioner, Gary Rand, II, by and through his attorneys, Joseph D. Cazaciolo, Esquire and Foreman & Cazaciolo, P.C., and makes the following Petition and, in support thereof, avers as follows: 1. Petitioner is the son of Carol M. Keeny. 2. The alleged incapacitate person was born on December 27,1944, is 64 years of age and divorced, and resides at 1512 Capitol View Drive, New Cumberland, 17070-2240. 3. The following persons are to the best of Petitioner's knowledge, information and belief the only living next-of-kin of the alleged incapacitated person: Her son, Gary Rand, II, 1481 Dunster Lane, Potomac, MD 20854; Her son, Brian Rand, 4380 Taylor Hall Lane, Adams TN 37010; and Her son, James Rand, 11401 Martin Luther King Street North, Apt.401, St. Petersburg, FL 33716. See attached Exhibit "A" 4. The name and address of the Hospital providing medical services for the alleged incapacitated person is Harrisburg Hospita1,111 S.Front Street, Harrisburg, PA 17101-2099. 5. To the extent known by Petitioner, the assets of the alleged incapacitated person are valued at approximately $270,000.00, compromising the following: accounts at P.S.E.C.U.; a personal residence at 1512 Capitol View Drive, New Cumberland, Pennsylvania, valued at $189,000.00. 6. Petitioner estimates the alleged incapacitated person s annual income to be $44,872.00. 7. The alleged incapacitated person was not a member of the armed services of the United States and is not receiving benefits from the United States Veteran s Administration. 8. The alleged incapacitated person suffers from shingles and encephalitis which has caused her to be in a coma. 9. Because of her mental and/or physical condition, the alleged incapacitated person is totally unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto, including the ability to communicate her need for assistance in these areas. 10. Because of her impaired mental and/or physical condition, the alleged incapacitated person lacks the capacity to make or communicate any decisions concerning her person. 11. The following alternatives to the appointment of a guardian of the estate have been considered: there are no alternatives. 12. 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 his estate be appointed to manage and handle all aspects of the alleged incapacitated person s estate, specifically including, but not limited to: all issues relating to her cash, checks, and any bank or savings accounts held in her name, her stocks and bonds, her personal property, her real estate, her life and other insurance of which she is a beneficiary, her 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. 13. The following alternatives to the appointment of a guardian of the person have been considered: there are no alternatives. 14. 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 guazdian of her person be appointed to handle all issues relating to the person of the 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, psychiatrists, dentists, nurses, therapists and other professionals for her physical and mental treatment and care. 15. Petitioner is not aware that the alleged incapacitated person signed any powers of attorney or advance health care directives or in any other way designated anyone to serve as her agent over any of her personal or financial affairs or as her surrogate over her medical care, or that she designated in writing her wishes with regard to health care, including the use or refusal of life-sustaining treatment. 16. The proposed plenary guardian of the person of the alleged incapacitated person is Gary Rand, II, of 1481 Dunster Lane, Potomac, MD 20854, a son of the alleged incapacitated person. 17. The proposed plenary guazdian of the person is 41 years of age and is employed as a director of marketing, having graduated with a master of business administration degree. 18. The proposed plenary guardian of the estate of the alleged incapacitated person is Gary Rand, II, of 1481 Dunster Lane, Potomac, MD 20854, a son of the alleged incapacitated person. 19. The proposed guardian of the estate is 41 years of age and is employed as a director of marketing, having graduated with a master of business administration degree. 20. The proposed plenary guardian has no interest adverse to the alleged incapacitated person. 21. The consent of the proposed plenary guardian is attached as Exhibit "B" 22. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 23. No other guardian has been appointed for the estate or person of the alleged incapacitated person. WHEREFORE, Petitioner respectfully requests that this Court award a citation directed to Carol M. Keeny, the alleged incapacitate person, and to such other person as this Court may direct, to show cause why Carol M. Keeny should not be adjudged a fully incapacitated person, and Gary Rand appointed plenary guardian of her person, and her estate. Respectfully Submitted, Date: S~ p 2U4% 112 Market Street, Sixth Floor Hazrisburg, PA 17101 Telephone (717) 236-9391 Attorney for Petitioner IN RE: ESTATE OF CAROL M. KEENY AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. VERIFICATION I verify that the statements made in this Complaint 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. § 4904, relating to unswom falsification to authorities. Dated: 5 ~ ~ gl RY RA D, II, Petirioner EXHIBIT "A" IN RE: ESTATE OF CAROL M. KEENY : IN THE COURT OF COMMON PLEAS OF AN ALLEGED INCAPACITATED :CUMBERLAND COUNTY, PENNSYLVANIA PERSON ORPHANS' COURT DIVISION No. AFFIDAVIT I, James Rand, hereby certify that I am an adult individual, and I am the son of Carol M. Keeny. I waive any interest in being appointed guardian of Carol M. Keeny's person and estate. I support my brother's, Gary Rand, II, petition and ask that he be appointed Guardian of Carol M. Keeny's person and estate. I accept service of the PETITION OF ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE WITH 20 Pa.C.S.A. § 5511. Date: > -1~~ ~ 7 VERIFICA I, James Rand, verify that the statements made in the within Affidavit 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. Cons. Stat. Ann. Section 4904 relating to unsworn falsification to authorities. ~~ Date IN RE: ESTATE OF CAROL M. KEENY : 1N THE COURT OF COMMON PLEAS OF AN ALLEGED INCAPACITATED :CUMBERLAND COUNTY, PENNSYLVANIA PERSON . ORPHANS' COURT DIVLSION No. AFFIDAVIT i, Brian Rand, hereby certify that I am an adult individual, and I am the son of Carol M. Keeny. I waive any interest in being appointed guardian of Carol M. Keeny's person and estate. 1 support my brother's, Gary Rand, II, petition and ask that he be appointed Guardian of Carol M. Keeny's person and estate. I accept service of the PETTIION OF ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE WITH 20 PaC.S.A. § 5511. Date: ~ ~ ^• Brian Rand VERIFICATION I, Brian Rand, verify that the statements made in the within Affidavit 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. Cons. Scat. Ann. Section 4904 relating to unswom falsification to authorities. Date Brian Rand Sd Wd6I : TO 6002 BT '6eW 94SS86L0LZ 'ON Xt1d W021d EXHIBIT "B" IN RE: ESTATE OF CAROL M. KEENY AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVLSION No. CONSENT OF GUARDIAN OF THE ESTATE I, Gary Rand, II, hereby consent to act as the Guardian of the Estate of Carol M. Keeny. I reside at 1481 Dunster Lane, Potomac, MD 20854, and am a director of marketing. I am a citizen of the United States of America and can speak, read and write the English language. I have no interest adverse to Carol M. Keeny, the alleged incapacitated person. I am not a fiduciary, or an officer or employee of a corporate fiduciary, of an estate in which Carol M. Keeny has an interest; not the surety, or an officer or employee of a corporate surety of such a fiduciary. /ICClELL. Gary and, II