Loading...
HomeMy WebLinkAbout04-0562 IN RE: MINYON F. : COURT OF COMMON PLEAS BOSTION : OF CUMBERLAND COUNTY ALLEGED INCAPACITATED : PENNSYLVANIA PERSON : ORPHAN COURT DIVISION .- · .o.: ZI .. PETITION FOR GUARDIAN AD LITEM ':" The undersigned brings this Petition through her Attorney, Stephen J. Hogg, Esquire, seeking appointment as the Guardian Ad Litem of Minyon F. Bostion alleging the following: 1. The alleged incapacitated person is Minyon F. Bostion, born November 3, 1932 and whose last known address is 610 5th Street, Passe Christian, Mississippi 39571. The alleged incapacitated person is currently residing at 402 North Filbert Street, Mechanicsburg, Pennsylvania 17055 and is deemed by her physicians to be unable to safely travel. 2. The alleged incapacitated person is widowed. The alleged incapacitated person has five children: Peggy L. Gladfelter, 610 5th Street, Passe Christian, Mississippi 39571, Wayne K. Bostion, 2028 State Road, Apt. B, Camp Hill, Pennsylvania 17011, Jeanne K. Ritter, 402 North Filbert Street, L*WOFF,CESOF Mechanicsburg, Pennsylvania 17050, Lorainne J. Wenger, 116 STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 Saddle Drive, Newport News, Virginia 23602 and Belinda A. Dillard, 12228 Gayton Station Boulevard, Richmond, Virginia 23233. 3. The alleged incapacitated person is currently being treated at Dillsburg Family Practice by Dr. Abraham, 204 Mumper Lane, Dillsburg, Pennsylvania 17019, and Dr. Fineburg, 356 East Penn Drive Enola, PA. 17025. 4. The Petitioner is Jeanne K. Ritter, residing at 402 North Filbert Street, Mechanicsburg, Pennsylvania 17050 who is the daughter of the alleged incapacitated person. The Petitioner has no interest adverse to the alleged incapacitated person and seeks to be appointed Guardian Ad Litem to ensure the alleged incapacitated person's continued physical and mental health treatment. 5. The alleged incapacitated person has been diagnosed by Dr. Abraham with Alzhiemer's disease, records are attached as Exhibit 1. 6. The Petitioner alleges that the alleged incapacitated person has shown herself to be unable to adequately care for her own needs and would likely not pursue any physical or mental health treatment as prescribed by Drs. Abraham and Fineburg. 7. The Petitioner requests that she be appointed Guardian Ad ~WOFF,CESOF Litem of the alleged incapacitated person to assure continued STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 needed physical and mental health treatment and over the estate of the alleged incapacitated person to ensure that the alleged incapacitated person does not waste or squander her estate. 8. The Petitioner alleges that she is the most qualified individual to act as the Guardian Ad Litem of the alleged incapacitated person having her best interests in mind. 9. The Petitioner seeks to be appointed the Guardian Ad Litem of the alleged incapacitated person only so long as the alleged incapacitated person is determined by her treating doctors, Dr. Abraham and Dr. Fineburg to be unable to take care of her own needs. 10. The Petitioner estimates that the alleged incapacitated person's current income is $1,240.00 per month from Social Security. 11. Petitioner seeks to be appointed the guardian of the alleged incapacitated person's estate and of her person. Respectfully Submitted, STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 EXHIBIT 1 ~ '. MEsstAt-t vtt.tjAc, E ADUt.¥ DA% sErvtcEs / 100 Mt. Allen Dr ,~ i155 Wa~ut Bottom Road Mechanicsburg. PA 17055-2015 } C~irlisle, PA 17013 Phone: (717) 7904224 Fax: (717) 790-82_~7 Phone: (717) 143-0447 Fax: (717) 243- 6408 Ct.tENT MEDtCAt. REPORT CLIENT'S NAxME }q~it"XL.lC'.g'X AGE r"50. i "--" ' ' c. sTx- ¥ D^T SKIN TEST DATE READ ~v/o ~ RESULT M.M. MEDICAL INFORMATION~o Diagnoses: Primary.' Physical Disabilities Mental functioning (current level-mental capacity, 9rienlcation behavior problems) ,,~ P h.~dan.s_O_r.d.e rs , Medications Dosage Schedule Client Self-Med. Schedule May have Tylenol ~'7 ASA t.,,-' Antacid (Please list instructions and/or precautions) HTSTO. i~Y - EXISTING DISEASES OR CONDI._TIONS PHYS.LCAI.,_EX AM Pressure Temperature q~' ~' Pulse q¢t;'~/~esperations "2~'~lood CLIE~'T blEDICAL ~PORT Cont../ Page 2 Skin Mouth ,,, ./'~ Eyes v.-" Glasses NOse Nec~oat Genitalia Rectum Feet ALLERGIES .~-.- COMM:ICABLE DISEASES _~ ~ ' DIETARY REST~CTIONS POOL PERMISSION ~ . is physically able to use · HEATED ~'DOOR SWIMM~G POOL ~ NO · JACUZZI ~ NO list s~ec~~ limitat~s,..r~ri}tions or precautions '~'_-~~._ , [have throughly examined ~ .: ~~. and 5nd that'/she is not in need of hospital care, skilgd nursing care, does not require bed rest during the day, and therefore prescribe for this p~tient paaicipation in the Adult Day Center. Physician Signature or Physician Assistant IN RE: Minyon F. Bostion : IN THE COURT OF COMMON PLEAS OF An alleged incapacitated person : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : : NO. 21-2004-562 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 fights will be affected, including your fight to manage money and property and to make decisions. A copy of the petition which has been filed by Jeanne K. Ritter is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania, on July 14 ,2004, 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 heating, 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 fight 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 tights will be affected and you will not be able to make a contract or girl 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 heating in your absence and may appoint the Guardian requested. Clerk, Orphans Court Division ~- Cumberland County, Carlisle, PA My Commission Expires 1st Monday, v/_~)~ January, 2006 IN RE: MINYON F. ' IN THE COURT OF COMMON PLEAS OF BOSTION, AN · CUMBERLAND COUNTY, PENNSYLVANIA INCAPACITATED · ORPHANS' COURT DIVISION PERSON · NO. 21-04-562 ORDER OF COURT AND NOW, this 21st day of June, 2004, upon consideration of the Petition for Guardian Ad Litem which will be treated as a petition for appointment of a permanent guardian of the person and estate of the allegedly incapacitated person, a hearing is scheduled for Wednesday, July 14, 2004, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ;'~sl-ey Ol~r;,-~Ir.~- t,-'" j. Stephen J. Hogg, Esq. 19 S. Hanover Street Suite 101 Carlisle, PA 17013 Attorney for Petitioner re c. IN RE: MINYON F. · IN THE COURT OF COMMON PLEAS OF BOSTION, AN · CUMBERLAND COUNTY, PENNSYLVANIA INCAPACITATED · ORPHANS' COURT DIVISION PERSON · NO. 21-04-562 ORDER OF COURT AND NOW, this 8th day of July, 2004, upon consideration of the attached letter from Stephen J. Hogg, Esq., attorney for Petitioner, the hearing previously scheduled for July 14, 2004, is rescheduled to Friday, July 16, 2004, at 11:00 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT,  I¢/esley Oler,~f~r.,' J. ' Stephen J. Hogg, Esq.'~ 19 S. Hanover Street ~ _ ~ Suite 101 ~~~& Carlisle, PA 17013 /"~ P $;~ ti 't d A~omey for Petitioner ~ ~ ~~ JUL-08-04 08:0? AM STEPHEN J HO~ 245 8926 P.02 $¥m-m~ J. HOGG GAFIL~LE. PENNSYI.VANIA 17o13 TELEPHONE July 8, 2004 Judge J. Wesley Oler, Jr. Re: Minyon Boatlon VIA FACSIMILE: 240-6462 Dear Judge Oler: i am requesting a continuance of the hearing scheclulecl before you July 14, 2004 at 9:30 a.m. due to the unavailability of the doctor who is 13repared to testify to the alleged incapacitated pemon0s current medical condition. To date, I am not aware of eny other counsel Involved with this case. Thank you for your consideration. Sincerely, SJH/Ikg tep/~er~ J. ~re IN RE: MINYON F., : IN THE COURT OF COMHON PLEAS OF BOSTION, AN : CUHBERLAND COUNTY, PENNSYLVANIA INCAPACITATED : ORPHANS' COURT DIVISON PERSON : NO. 21-04-562 IN RE: PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE BEFORE OLER, J. ORDER OF COURT AND NOW, this 16th day of July, 2004 upon consideration of the Petition herein, which is being tre~led as a Petition for Appointment ef Permanent Plenary GuarDian of the Person and Estate in the above-captioned matter and fel~l~.owin~ a hearing held on this date at which the allegedly incapacitated person, Minyon F. Bestion, was present, the said Hinyon F. Bostion is adjudicated an incapacitated person and her daughter, Jeanne K. Ritter, 402 North Filbert Street, Mechanicsburg, Pennsylvania, 17055, is appointed plenary guardian of her person and estate. The guardian is directed te file reports in accordance with the provisions of the Probate, Estates and Fiduciaries Code applicable to such guardianships. No bond shall be required of the guardian in this case. BY THE COURT, IN RE: MINYON F. : IN THE COURT OF COMMON PLEAS OF BOSTION, AN : CUMBERLAND COUNTY, PENNSYLVANIA INCAPACITATED : ORPHANS' COURT DIVISON PERSON : NO. 21-04-562 IN RE: PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., July 16, 2004. At issue in the present case is whether Minyon F. Bostion should be adjudicated an incapacitated person, and, if so, whether her daughter, Jeanne K. Ritter, should be appointed plenary guardian of her person and estate. A hearing was held on this matter on Friday, July 16, 2004, before the undersigned judge. Based upon the evidence presented at the hearing, the following Findings of Fact, Discussion and Order of Court are made and entered: FINDINGS OF FACT 1. The allegedly incapacitated person is Minyon F. Bostion, born November 3, 1932, a domiciliary of Cumberland County, residing at 402 North Filbert Street, Mechanicsburg, Pennsylvania, 17055. 2. Petitioner is Ms. Bostion's daughter, Jeanne K. Ritter, an adult individual residing at 402 North Filbert Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The allegedly incapacitated person has suffered for several months from advanced Alzheimer's disease. 4. As a result of the aforesaid condition, Ms. Bostion is an adult individual whose ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that she is totally unable to manage her financial resources and totally unable to meet essential requirements for her Dhysical health and safety. 5. The prognosis in this matter is not favorable, and aE the present time Ms. Bostion's condition must be regarded as irreversible. 6. Based upon the aforesaid c©nditien, the Court finds it necessary to establish plenary guardianships with respect to the estate and person ef Ms. Bostion. 7. In view of the absence of a more favorable prognosis at this time, the duration of the guardianships required must be said to be indefinite, pending further Order of Court. 8. Jeanne K. Ritter, daughter ef the allegedly incapacitated person and Petitioner herein, is found to be a person qualified under 20 Pa. C.S. Section 5511 f) to serve as plenary guardian of Ms. Bostien's person and estate. 9. The foregoing Findings ef Fact are made on the basis ef clear and convincing evidence. DISCUSSION The provisions respecting an adjudication ef incapacity are contained in 20 Pa. C.S. Section 5501 et seq. Petitioner has substantially complied with these previsions, and based upon the foregoing Findings of Fact the following Order ef Court will be entered: ORDER OF COURT AND NOW, this 16th day of July, 2004, upon consideration of the Petition herein, which is being treated as a Petition for Appointment of Permanent Plenary Guardian of the Person and Estate in the above-captioned matter, and following a hearing held on this date at which the allegedly incapacitated person, Hinyon F. Bostion, was present, the said Hinyon F. Bestion is adjudicated an incapacitated person and her daughter, Jeanne K. Ritter, 402 North Filbert Street, Mechanicshurg, Pennsylvania, 17055, is appointed plenary guardian ef her persen and estate. The guardian is directed to file reports in accordance with the provisions of the Prebate, Estates and Fiduciaries Code applicable te such guardianships. Ne bend shall be required ef the guardian in this case. BY THE COURT, /s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Stephen J. Hegg, Esquire 19 S. Hanover Street Carlisle, PA 17013 Attorney fer Petitiener pcb Glenda Farner Strasbaugh Register of Wills & Clerk of the Orphans' Court (717) 240-6345 FAX (717) 240-7797 One Courthouse Square Carlisle, Pa. 17013 Marjorie A. Wevodau First Deputy Kirk S Soh on age, Esquire Solicitor OFFICES OF l\egister of Wills anb ((lerk of tbe (!E)rpbans' ((ourt QC.ountp of QC.umberLanb November 30, 2005 Jeanne K. Ritter 402 North Filbert Street Mechanicsburg, P A 17050 IN RE: Estate of Minyon F. Bostion, an incapacitated person File No. 21-04-0562 Dear Sir/Madam: It has come to my attention that you have not filed the guardian reports required by 20 Pa.C.S.A. 95521(c) in the above captioned guardianship. Enclosed you will find the suggested formes). Please mail those reports, along with a check in the amount of$15, payable to the Clerk of Orphans' Court, to the following address within (30) days: Clerk of Orphans' Court One Courthouse Square Carlisle, P A 17013 If you have any questions, please contact your attorney. Respectfully, ~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court cc: Stephen Hogg, Esquire IN RE: Ir\ \ [\ i 0 l\ F, l) c)~) t \ tJ f\ Docket No. An Incapacitated Person }\OL\S(P~ ANNUAL REPORT OF GUARDIAN OF THE ESTATE I, ::J E' CA Y\ ~e V.. R'\ ~fGr @were appointed plenary guardian(s) of the estate of '\'<\ \ I\Wl-1=" , B D :)+, b ~__ by Decree ofthe Honorable Judge 3" VlJf~k ~ OI.C&ated ~ - ~\- D ~ . This is my annual report for the period from 'l-- \ - O~to \ - \ -6 $" , ("The Report Period"). I. SUMMARY A. Value of principal assets at the beginning of the Report Period? $ 0100 $ /~ 0/5,00 B. Total amount of income earned during the report period? Total amount of all expenditures made for care and maintenance of the C. incapacitated person during the Report Period? 1. From principal $ O.uo 2. From income $ /~r; C'J / J~ {/C) $ c), 00 D. Total amount spent for all other purposes during the Report Period? E. Total amounts remaining at the end of the Report Period? 1. Principal $ 0,,00 cJ~ L)C) 0[-100 2. Income $ Total Income and Principal " .) $':-:'i 1" ,-' (,) :? :",) c:-') ':J r0 t \'" II. ADDITIONAL INFORMATION A. Principal: 1. Total amount remaining at the end of the Report Period? $ (J,OO 2. How is principal currently invested? Nlr-t 3. Have there been any expenditures from principal during the Report Period? 0 Yes lStNo If you answered YES, was there Court approval for all expenditures from principal? 0 YesL;l:No 4. Did you receive any principal assets during the report period which were not included on the inventory or a prior report filed for the estate? 0 Y es ~o If you answered YES, did you receive Court approval prior to receiving additional principal? 0 Yes ~No 5. State the sources and amounts of the additional principal you received: NJ~ $ $ B. Income: 1. State sources and amounts of income received during the Report Period (i.e., social security, pension, rents, etc.): S OC \ 0,- \ See i.A-f \ \j $ / ~~- (J/ cR {)() $ $ /5-; 0/ Y,OO Total Income received during Report Period $ 2. How is income currently invested? (Please specify, restricted bank accounts, client care account, etc.) N\ I A v.....--f . L - ,- .,Q. t""""{levi\ ( .-r......... 3. Specify what payments were made for the care and maintenance of the incapacitated person (i.e., clothing, nursing home, medicine, support, etc.). '-It "'eYe I) Dle/ e)</ -f' /)t5-t.-" 5;; -f7-a /)6 c.\ 1''/7Zlti'1 ,/) -AI vel } /J k cl/ C // ) c:) L~ a I"'~ L c;S 1-:> ./ [' / 61-1; 1">1 ~ 4. Specify what other payments were made during the Report Period. /v/II- --t-- I verify that the foregoing information is correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa. C.S.A. 84904 relative to unsworn falsification to authorities. \/" \\rG~ r\\/\\t Ie ~ Date * FILING FEE $15 MUST ACCOMPANY TillS FILING. .. IN RE In I ";t D r'\ F=, \3 () s 1\ i) (\ Docket No. An Incapacl ated Person } \0 L\SG~ ANNUAL REPORT OF GUARDIAN OF THE PERSON I, "'J"" v 0\. 'f\f\~ "(\ \\,\\-C-r G~/were appointed plenary guardian(s) of the person of M i (\~ D VI r. ~[)S t\ OY\ by Decree of the Honorable Judge J, VVeS It. ~ [) k ( dated \.0 - d-- \ - D L\ . This is my annual report for the period from ~ - \ -~'-\ to ~c;:- , ("'The Report Period"). 1. Present age of the incapacitated person: 13 Yrs. 2. Current address of the incapacitated person 4 O'~ N, ~ \ \ ~ lX'-\" ~-\('e_e.t \I\e.r\'\ (\ \\\ ~sb\J (U\ P A \1055'- \ -j C) I . (~...._, 3. The incapacitated person's residence is: CJ own home/apartment CJ nursing home CJ boarding home/personal care home '1Ji guardian's home/apartment CJ hospital or medical facility 0 relative's home 0 other: 1'.) C_I """":l :....,) C) (Name and relationship) 4. (describe) The incapacitated person has been in the present residence since N\"\l (, '"' ). \) UJ . If the incapacitated person has moved within the past year, state change and reason(s) for ~ f , change: 5. Name and address of the incapacitated person's primary care giver: .} eC\rd\0 \.( ~\~\. ( __ l\ ~_l_ ~ '~r ~\\ 'b ~ (\~ '~; \- \\'\\': ( \,. 0.. \'\ \ (. ':> 'j),,\ (Cj r)\- \ 1 aSS' 6. The major medical or mental problems of the incapacitated person are as follows: A \2 ~~'\(\"'t r l~ 7. Specify what, if any, social, medical, psychological and support services the incapacitated . . . person IS reCeIVIng: 8. f'\ A \A \ \- ('\'0,),,\ c ~) N\ y ~ ~ \ O--~ ~ I. \ \. (^-~\e.-) J\1\(' clf\(J.l\ I cs bUT) FA C \.) f\J\ '0 e r \Ovr0 C 0 ()~\ (~ () \ /\5 \ I\~~ ( 0 mV\1\ u-n j tu\ c-:> i~?ri 1(" e S C (7---'\< \-\ So I G f Pr ~ I bl-e Do... r-h sf c h\J nr- ) S hI r'f Mo.Yl <:>kJ-vJ N P t4 It is our opinion as guardian of the person that the guardianship should: (check one) )it continue, 0 be modified, 0 be terminated. (Briefly explain your response) H (' 1- C. 6h d I -toO) O(} l~1 \ \ N 6+ "/lvt r r cJ V ~ 9. During the past year, I have visited the incapacitated person N )A times with the avr~rage \lisit lasting NIA: (State number of hours/minutes, etc.) ... The repOli of a social service organization employed by the guardian to oversee and coordinate the care of the incapacitated person for the period covered by this report may be attached to supplement this report. I verify that the foregoing information is correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa. C.S.A. ~4904 relative to unsworn falsification to authorities. " j- / ?-()0 Date 4- j ); )'J ) l e 0 f Guardian * FILING FEE $15 MUST ACCOMPANY THIS FILING.