HomeMy WebLinkAbout02-0217IN RE: ELLA D DECKER
AN ALLEGED INCAPACITATED PERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-02-217
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 AREA
AGENCY ON AGING is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. 4, Cumberland
County Courthouse, Carlisle, Pennsylvania, on APRIL 5 ,2002, at 1:30 PM. 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 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
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.
Cumberland County, Carlisle, PA
My Commission Expires 1st Monday,
January, 2006
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ELLA DECKER ·
AND NOW, this
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-02-217
ORPHANS' COURT DIVISION
FINAL DECREE
day of April, 2002, upon consideration of the petition for
appoint of Permanent Plenary Guardians of the Person and Estate of Ella D. Decker and after
hearing testimony presented in this matter, the Court finds that Ella D. Decker is an incapacitated
person and that John Sweger, the grandson of Ella D. Decker, is hereby appointed Permanent
Plenary Guardian of the Person and Estate of Ella D. Decker.
The Court further directs that the Power of Attorney appointing Julie D. Barnes, daughter
of Ella D. Decker, as attorney-in-fact for Ella D. Decker, is hereby revoked and made null and
void.
Anthony DeLuca, Esquire
For the Petitioner
Stephen J. Hogg, Esquire
For Ella Decker
:rlm
BY THE COURT,
f~A. Hess, J.
IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF
ESTATE OF: : CUMBERLAND8 COUNTY, PENNSYLVANIA
:
ELLA D. DECKER, :
AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION : NO. 21-02- t~/7
CITATION TO THE ALLEGED INCAPACITATED PERSON
To: ELLA D. DECKER:
We command you to appear at a hearing in the Orphans' Court of
Cumberland County, to be held in Courtroom No. V of the Cumberland County
Courthouse, on ~.~, ,. ~' ,20~ at t//,~fi(') o'clock /~ .M., to
show cause why you should not be adjudged an incapacitated person and a Guardian
appointed for your person and estate.
BY THE COURT,
KfA. Hess
Jo
IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF
ESTATE OF: : CUMBERLAND8 COUNTY, PENNSYLVANIA
.
ELLA D. DECKER, :
AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION
: NO. 21-02-
PRELIMINARY DECREE
NOW,
this
day of ~z//.~_, 2002, upon consideration ofthe
annexed Petition, it is hereby ORDERED AND DECREED that a Hearing on this matter
is set for the ,~ day of~_~__, 200~ at / ;~0 t/° . M. O'clock in
Courtroom No. q at the Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, Pennsylvania.
Stephen J. Hogg, Esquire is appointed to represent the allegedly incapacitated
person.
BY THE COURT,
KTA. Hess
IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF
ESTATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA
:
ELLA D. DECKER, :
AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION : NO. 21-02-
PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIANS
OF THE PERSON AND ESTATE
AND NOW COMES THE PETITIONER, the Area Agency on Aging, in and for
Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who
represents and avers as follows:
The Petitioner is the Area Agency on Aging, in and for Cumberland County,
Pennsylvania, with its office located at 16 West High Street, Carlisle, Cumberland
County, Pennsylvania.
2.
The alleged incapacitated person is Ella D. Decker, age 84, who currently resides
at the Claremont Nursing & Rehabilitation Center, 375 Claremont Drive, Carlisle,
Cumberland County, Pennsylvania, since January 14, 2002.
3.
The only known relatives of the alleged incapacitated person are:
ao
c°
Julie Barnes - Daughter
P.O. Box 173
Mars Hill, North Carolina 28754
Bonnie Sweger - Daughter
166 Wyoming Ave.
Enola, Pennsylvania 17025
Tate Barnes - Grandson
P.O. Box 173
Mars Hill, North Carolina
d. Bryce Barnes - Grandson P.O. Box 173
Mars Hill, North Carolina 28754
e. John Sweger - Grandson
321 Daycotah Avenue
Hagerstown, Maryland 21740
f. Cindy McClymonds - Niece
4451 Trillium Lane
Fayetteville, Arkansas 72704
4.
Ella D. Decker has, for at least three (3) months, been incapable of managing and
caring for herself and her financial affairs.
5.
Ella D. Decker exhibits symptoms of mental incapacity, including but not limited
to vascular dementia and alcohol dependence by history
6.
Ella D. Decker's mental incapacity prevents her from managing and caring for the
affairs of her person and estate.
7.
Ella D. Decker's condition of expressive aphasia renders her nearly incapable of
communicating her needs to others.
8.
On or about January 11, 2002, Ella D. Decker and her daughter, Julie D. Barnes,
her caretaker, were evicted from their apartment at 163 W. High Street, Carlisle,
Pennsylvania.
9.
Subsequently, her daughter, Julie D. Barnes, left the Carlisle area and appears to
have moved to Mars Hill, North Carolina where her son Tate Barnes resides.
10.
Ella D. Decker, since she has been a resident of Claremont Nursing &
Rehabilitation Center, has been examined by a psychiatrist who states that she is not
capable of making informed medical, personal or financial decisions because of her
vascular dementia.
11.
The report of the psychiatrist recommends that Mrs. Decker is appropriate for
skilled care setting.
12.
Petitioner has contacted Bonnie Sweger, one of Mrs. Decker's two(2) children as
well as Tate Barnes and Cindy McClymonds and none are able to care for her nor are
they able to be Guardians of her person and estate.
13.
Petitioner has been unable to speak to Julie D. Barnes concerning the
Guardianship of her mother since she left the state but Petitioner believes and, therefore,
avers that Julie D. Barnes is not capable of being the Guardian of the person and estate of
Ella D. Decker based upon her conduct during the eviction process.
14.
Petitioner has been informed that Ella D. Decker executed a Power of Attorney
wherein she appointed her daughter, Julie D. Barnes, as her Power of Attorney.
15.
Less restrictive alternatives are not available because there is no one able to care
for her.
16.
Petitioner believes and, therefore, avers that Ella D. Decker has no estate except
for her monthly social security of $871.00.
17.
On or about January 18, 2002, Petitioner was concerned that Julie D. Barnes
would withdraw money from her mother's checking account and notified the Social
Security Administration to withhold Mrs. Decker's monthly payments until a Guardian
was appointed.
18.
Petitioner discovered on February 18, 2002 that Julie D. Barnes withdrew $700.00
from her mother's checking account on January 14, 2002 and an additional $353.00 on
January 18, 2002.
19.
Petitioner is willing to accept the appointment of Permanent Plenary Guardians of
the Person and Estate of Ella D. Decker.
20.
The nature of Petitioner's interest is that of a welfare agency.
21.
Petitioner has no interest that is adverse to the alleged incapacitated person.
22.
To Petitioner's knowledge, no previous application has been made for the Order
herein requested or for a similar Order.
23.
No other Court has ever assumed jurisdiction in any proceeding to determine the
incapacity of Ella D. Decker.
24.
The failure to appoint Petitioner as Permanent Plenary Guardians of the Person
and Estate of Ella D. Decker will result in irreparable harm to the person and estate of
Ella D. Decker.
WHEREFORE, Petitioner prays that this Honorable Court appoint Petitioner as
Permanent Plenary Guardians of the Person and Estate of Ella D. Decker and that any
existing Power of Attorney be revoked.
Respectfully Submitted? /~ .
Anthony L. DelS~a, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
Appointment of Permanent Plenary Guardians of the Person and Estate of Ella D. Decker
are tree and correct to the best of my knowledge, information, and belief. I understand
that any false statements contained herein are subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unswom falsification to authorities.
Amy E.(~lias 0
~F, RTTI:;'TCATF, OF gF, RVTCF,
The undersigned does hereby certify that a tree and correct copy of the foregoing document
was mailed this date by depositing same in the possession of the United States Postal Service by
first class mail, postage prepaid, addressed to the following:
Stephen J. Hogg, Esquire
19 S. Hanover Street
Carlisle, Pennsylvania 17013
Julie Barnes
P.O. Box 173
Mars Hill, North Carolina 28754
Bonnie Sweger
166 Wyoming Ave.
Enola, Pennsylvania 17025
Tate Barnes
P.O. Box 173
Mars Hill, North Carolina 28754
Bryce Barnes
P.O. Box 173
Mars Hill, North Carolina 28754
John Sweger
321 Daycotah Avenue
Hagerstown, Maryland 21740
Cindy McClymonds
4451 Trillium Lane
Fayetteville, Arkansas 72704
A~thbny L. be~c'~, l~squire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844