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Home My WebLink About09-16-09IN THE COURT OF COMMON PLEAS -CUMBERLAND COUNTY ORPHANS' COURT DIVISION IN RE: ROSE E. COLBERT An Alleged Incapacitated Person • o.c. No. 21-n4-6g~3 TYPE OF PLEAbING: PETITION UNDER § 5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE ROSE E. COLBERT TO BE TOTALLY INCAPACITATED AND APPOINT A PERMANENT PLENARY GUARDIAN FOR HER PERSON AND ESTATE FILED ON BEHALF OF: ~;~L Petitioner, GGNSC Camp Hill III LP d/b/a Golden Living Center -Camp Hill COUNSEL OF RECORD FOR THIS PARTY: Livia F. Langton Attorney I.D. No. 91548 llangton@schutjerbogar.com (412) 281-3710 Marijane E. Treacy Attorney I.D. No. 84070 mjtreacy@schutjerbogar.com (412) 281-3535 600 Grant Street, Suite 3290 Pittsburgh, PA 15219 Fax (412} 281-0530 1N~1~~ S,Nb~~~O ~ ~~~1~ '~ ~ '~ ~~ 9 I d3S 6D(i Bradley A. Schutjer Attorney I.D. No. 75954 (717) 909-5921 417 Walnut Street, 4th Floor Harrisburg, PA 17101 Fax (717) 909-5925 C`", ,t ~~ ,i•h~ .~,ri ~~, 'w,'~rh;~ ~I-•'a r-. ,, + IN THE COURT OF COMMON PLEAS -CUMBERLAND COUNTY ORPHANS' COURT DIVISION IN RE: ROSE E. COLBERT : ~ p ~~ An Alleged Incapacitated Person O.C. No. ~ v ~ .;i.) • F._, ~~;~~ ~,.. ; ~~ ~ r~ ;~ PETITION UNDER ~ 55110F THE PROBATE, ?~ ESTATES AND FIDUCIARIES CODE TO ADJUDGE ROSE E. COLBERT TO BE TOTALLY INCAPACITATED AND APPOINT A PERMANENT PLENARY GUARDIAN FOR HER PERSON AND ESTATE rn~ V CXJ w _,..,, ~~, ..~ (,~) ~~ t.~N : ~~ ~J ~:.~~ r AND NOW, COMES, Petitioner, GGNSC Camp Hill III LP d/b/a Golden Living Center - Camp Hill, by and through its attorneys, SCHUTJER BOGAR LLC, and hereby petitions for adjudication of incapacity and appointment of a permanent plenary guardian of the person and estate of Rose E. Colbert and, in support thereof, represents as follows: 1. The name of the alleged incapacitated person is Rose E. Colbert ("Mrs. Colbert"). 2. Mrs. Colbert is an eighty-two year old woman who currently resides at Petitioner's skilled nursing facility located at 46 Erford Road, Camp Hill, Pennsylvania 17011. 3. Because the alleged incapacitated person resides in Cumberland County, this Court has jurisdiction pursuant to § 711(10) and §5512(a) of the Probate, Estates and Fiduciary Code. 4. Upon information and belief, Mrs. Colbert has the following living relative or next of kin, who is sui juris, whose last known address is as follows: Stanley E. Colbert, Jr. ,son 5583 Mercury Road Harrisburg, PA 17109 5. To the extent of Petitioner's knowledge, the alleged incapacitated person made an application for Medical Assistance benefits to the Cumberland County Assistance Office ("CAO") in March of 2009; however, that application, was denied on May 11, 2009 for lack of information. The appeal of said denial, which is now pending with the CAO, will similarly be denied unless a guardian is appointed to act on Mrs. Colbert's behalf. 6. Upon information and belief, the alleged incapacitated person receives social security income, for which the Petitioner has filed an application for Representative Payee. Additionally, the alleged incapacitated person receives a Navy pension in the amount of approximately $2,000 a month. 7. It is unknown who is currently receiving Mrs. Colbert's monthly income. However, it is not being paid to Petitioner's facility to pay for services that Mrs. Colbert has received and is receiving. 8. Upon information. and belief, the alleged incapacitated person has no advance directive and is not a veteran. 9. It is unknown if the alleged incapacitated person has a will. 10. The alleged incapacitated person's treating physician is: Dr. Raymond Grandon 131 State Street Harrisburg, PA 17101 11. Mrs. Colbert, the alleged incapacitated person, has been diagnosed by Dr. Grandon as suffering from dementia, end stage renal disease, anemia and hypertension. Such conditions, according to Dr. Grandon, have caused her inability to make effective decisions. 12. Because of the conditions set forth in paragraph 11, Mrs. Colbert, the alleged incapacitated person, is totally unable to manage or appreciate the significance of her personal andlor financial affairs and to make and communicate any decisions relating thereto, including the ability to communicate her need for assistance in these areas. 13. Presently, the alleged incapacitated person does not have a willing and capable agent or guardian, and/or willing and capable next of kin to manage her financial affairs. The alleged incapacitated person's son, Stanley Colbert, Jr., is believed to be her Agent through Power-of-Attorney. However, Stanley Colbert, Jr. has failed to fulfill his statutory and/or fiduciary obligations to act in her best interest. 14. The aforementioned failures by Stanley Colbert, Jr. are evidenced by the litigation pending before the Court of Common Pleas of Cumberland County, at Civil Division No. 09- 5423, which was filed on August 5, 2009. 15. The appointment of a Guardian of the Person and Estate of Rose E. Colbert is necessary to ensure that Mrs. Colbert's income and resources are being used for her care and maintenance, to facilitate the liquidation of such assets as may be necessary to provide for her care and maintenance, and to assist in completing her pending application for Medical Assistance benefits. 16. There are no less restrictive alternatives to the appointment of a permanent plenary Guardian of the Person and Estate of Rose E. Colbert. 17. No Court within this Commonwealth, of which Petitioner has knowledge, has appointed a Guardian of the Person and Estate of Rose E. Colbert. 18. The proposed guardian of the alleged incapacitated person is Brian D. Brooks d/b/a PA Guardianship Association, P.O. Box 7295, Lancaster, Pennsylvania 17604. Brian D. Brooks does not have any adverse interest to the alleged incapacitated person and an acceptance to serve as guardian of the person and estate is attached hereto as Exhibit "A." 19. While it is understood that the Court typically appoints a guardian at its discretion, Brian D. Brooks d/b/a PA Guardianship Association has been suggested as Guardian of the Person and Estate of Rose E. Colbert because of his vast experience in dealing with incapacitated persons such as Mrs. Colbert and the Medical Assistance benefits application process. 20. There is no known potential for conflict with regard to Brian D. Brooks d/b/a PA Guardianship Association being appointed as Guardian of the Person and Estate for the alleged incapacitated person, Rose E. Colbert, as the above-mentioned next of kin has made no indication that he will contest the appointment of Brian D. Brooks d/b/a PA Guardianship Association, as Guardian of the Person and Estate for the alleged incapacitated person, Rose E. Colbert. WHEREFORE, Petitioner respectfully requests that the Court award a citation directed to the alleged incapacitated person, Rose E. Colbert, and to such other persons as the Court may direct, to show cause why the alleged incapacitated person should not be adjudicated an incapacitated person and why the proposed guardian of the Person and Estate should not be appointed. Respectfully submitted, Dated: q ~ ,~ By: Livia F. Langt n Attorney I.D. o. 91548 (412} 281-3710 Marijane E. Treacy Attorney I.D. No. 84070 (412) 281-3535 600 Grant Street, Suite 3290 Pittsburgh, PA 15219 Fax (412) 281-0530 Bradley A. Schutjer Attorney I.D. No. 75954 (717) 909-5921 417 Walnut Street, 4~' Floor Harrisburg, PA 17101 717-909-5920 Fax 717-909-5925 Attorneys for Petitioner VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C, S. § 4904, relating to unsworn falsification to authorities. Date • . ~, ~~ ti ~ qu~elyn R~Obinson, Representative for ' NSC Camp Hill III LP d/b/a Golden iving Center -Camp Hill EXHIBIT "A" IN THE COURT OF COMMON PLEAS -CUMBERLAND COUNTY ORPHANS' COURT DIVISION IN RE: ROSE E. COLBERT AB Alleged Inca~at~ted Person O.C. No. -- CONSENT OF THE PROPOSED GUARDIAN,QF~THE, PERSaN AND ESTATE I, Brian D. Brooks, do hereby consent to Brian D. Brooks d/b/a PA Guardianship Association's appointment as the Guardian of the Person and Estate of Rose E. Colbert, if so appointed by the Court. Brian D. Brooks d/b/a PA Guardianship Association is not a fiduciary of an estate in which Rose E. Colbert has an interest and has no inters adverse to Rose E. Colbert. I understand that if Brian D. Brooks d/b/a PA Guardianship Association is appointed as guardian, we will be serving for the benefit of Rose E. Colbert, and I arm that we will act in her best interests at all times. I further understand that if Brian D. Brooks dlb/a PA Guardianship Association is appointed as Guardian of the Person and Estate, we accept fiduciary responsibility for the personal and financial affairs of Rose E. Colbert, an alleged incapacitated person, and will be required to report to the Orphans' Court Division with regard to these financial affairs on an annual basis. Dated Brian D. Brooks d!b/a PA Guardianship Association