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HomeMy WebLinkAbout04-07051N RE: ESTATE OF HAZEL C. SPIDLE * IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA Alleged Incapacitated Person * ORPHANS' COURT DIVISION PETITION UNDER SECTION 5511 OF THE PROBATE, ESTATE AND FIDUCIARIES CODE TO ADJUDGE HAZEL C. SPIDLE TO BE AN INCAPACITATED PERSON AND TO APPOINT A PLENARY GUARDIAN OF HER ESTATE AND PERSON The Petition of Dorothy M. Spidle respectfully represents that: 1. Your Petitioner, Dorothy M Spidle is the daughter of Hazel C. Spidle, the alleged incapacitated person. 2. The alleged incapacitated person was born on April 11, 1923, and is 81 years of age and widowed. She resides at Petitioner's residence with Peititioner whose address is 3420 Spring Road, Carlisle, Cumberland County, Pennsylvania. 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: a. Dorothy M. Spidle, Daughter 3420 Spring Road Carlisle, PA 17013 b. Roy E. Spidle, Son 682 Nobsville Road McConnellsburg, PA 17233 c. Scott M. Spidle, Son 620 Market Street ~,.~ Lemoyne, PA 17043 4. The name and address of the institution providing residential services for the alleged incapacitated person is (None). 5. To the extent known by Petitioner, the assets of the alleged incapacitated person are valued at approximately $500.00 in a checking account and $200.00 in s savings account, both at M&T Bank, and a ten thousand ($10,000) dollar life insurance policy with Prudential. 6. Petitioner estimates the alleged incapacitated person's income to be $900.00 monthly social security benefits. 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 a series of strokes and dementia. 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 this impaired mental and/or physical condition, the alleged incapacitated person lacks the capacity to make or communicate reasonable decisions concerning her person and is unable to keep herself properly nourished, make her own living arrangements and to seek medical services. 11. The following alternatives to the appointment of a guardian of the estate have been considered: appointment of a Power of Attorney but this alternative is impossible because the alleged incapacitated person does not understand the concept of an Attorney-in-fact. Petitioner was appointed Power of Attorney, by handwritten document, by alleged incapacitated person several years ago, but said document no longer exists and cannot be reproduced. 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 her 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, 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. Due to the degenerative nature of the alleged incapacitated person's condition, there are no effective alternatives to the appointment ora guardian of the person. 14. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of a viable, less restrictive alternative necessitates that a plenary guardian 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. Other than the prior handwritten Power of Attorney designating Petitioner as POA., Petitioner is not aware that the alleged incapacitated person signed any powers of attorney or in any way designated anyone to serve as her agent for any of her personal or financial affairs. 16. The proposed plenary guardian of the person and of the estate is Dorothy M. Spidle, daughter of the alleged incapacitated person, who resides at 3420 Spring Road, Carlisle, Pennsylvania. 17. The proposed plenary guardian is 50 years of age and is employed by the New Cumberland Army Depot having completed twelfth grade. 18. The proposed plena~ guardian has no interest adverse to the alleged incapacitated person. 19. The consent of the proposed plenary guardian is attached hereto as Exhibit "A". 20. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 21. 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 Hazel C. Spidle, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why Hazel C. Spidle should not be adjudged a fully incapacitated person, and Dorothy M. Spidle appointed plenary guardian of her estate and person. Dorothy M. Sp~dle ' ~ - Petitioner I veril~ that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification. Date: .q ,~o_ ~':i, ,,/0 t) ~ Z :~, kx'4,~',,,f' Dorothy M. S~pidle IN RE: ESTATE OF HAZEL C. SPIDLE * IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA Alleged Incapacitated Person * ORPHANS' COURT DIVISION · No. CONSENT OF GUARDIAN OF THE ESTATE AND THE PERSON I, Dorothy M. Spidle, hereby consent to act as the Guardian of the Estate and person of Hazel C. Spidle. I reside at 3420 Spring Road, Carlisle, Pennsylvania, and am employed by the New Cumberland Army Depot. I am a citizen of the United States of America and can speak and write the English language. Dorothy M. Spidle Dated: ~v~4_ -~ Witness: .~ 1N RE: ESTATE OF HAZEL C. SPIDLE * 1N THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA Alleged Incapacitated Person * ORPHANS' COURT DIVISION · No. 21-04-'10,.% DECREE AND CITATION AND NOW, this ~. ~ day of ~ o~ ~ ~ f, 2004, upon consideration of annexed Petition for Adjudication of Incapacity and the Appointment of a Plenar~ Guardian of the Person and Estate, it is hereby ORDERED and DECREED that: 1. A citation is awarded, directed to Hazel C. Spidle, to show cause why she should not be adjudged an incapacitated person and why a plenary guardian of her person and estate should not be appointed; the hearing thereon to be held in Courtroom # / , Cumberland County Courthouse, Carlisle, Pennsylvania, on the ~7~ day of~F~ 2004 at f;~O o'clock ~ Df~ 2. Petitioner shall cause to be served by personal service the CITATION WITH NOTICE and PETITION, pursuant to the provision of 20 Pa. Cons. Stat. Sec. 551 l(a) upon the alleged incapacitated person at least twenty (20) days prior to the court hearing. The contents and terms of the Citation with Notice and Petition shall be read and explained to the maximum extent possible in language and terms the alleged incapacitated person is most likely to understand in accordance with the provisions of 20 Pa. Cons. Stat. Sec. 5511 (a). An affidavit of service containing specific averments of the above requirements shall be presented at the beginning of the court heating. 3. At least twenty (20) days prior notice of the court hearing together with a copy of the petition shall be given personally or by certified mail to all persons who are sui juris and who would be entitled to share in the estate of the alleged incapacitated person if he died intestate, to the person or institution providing residential services to the alleged incapacitated person to in accordance with the provisions of 20 Pa. Cons. Stat. Sec. 5511 (a). 4. Petitioner and/or counsel for Petitioner shall notify the court in writing, at least seven (7) days prior to the court hearing if counsel has not been retained by or on behalf of the alleged incapacitated person in accordance with the provision of 20 Pa. Cons. Stat. Sec. 5511 (a). This notice shall also contain all pertinent information which would indicate to the court whether or not counsel should be appointed to represent the interest of the alleged incapacitated person. 5. The alleged incapacitated person shall be present at the court hearing unless it is established by clear and convincing medical evidence that her physical or mental condition would be harmed by her presence in court in accordance with the provision of 20 Pa. Cons. Stat. Sec. 5511 (a). IN RE: Hazel C. Spidle 1N THE COURT OF COMMON PLEAS OF An alleged incapacitated person CUMBERLAND COUNTY', PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2004-0705 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 your right to manage money and property and to make decisions. A copy of the petition which has been filed by Dorothy M. Spidle 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 October 6th ,200~_4, at 1:30 P.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 are an Incapacitated person, the Court may appoint a Guardian for you, based on thc nature of any condition or disability and your capacity to make and communicate decisions. Thc 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. Date:8-9-04 By: ,,~'.~(- J.' ~ ~/.././('~.~/~/(J, '~ t ClerK, Orphans' Court Division' - Cumberland County, Carlisle, PA My Commission Expires 1 ~t Mondav, January, 2006 · IN RE: ESTATE OF HAZEL C. SPIDLE * IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA Alleged Incapacitated Person * ORPHANS' COURT DIVISION · No. 21-04-0705 AFFIDAVIT OF RETURN OF SERVICE Charles F. Chenot, III, being duly sworn according to law, deposes and says: 1. He is a competent adult, age thirty-eight (38) years, who is not a party to the above action. 2. On August 30, 2004, at 1:35 P.M., service of Petition for Appointment of Plenary Guardian in the above action was made by handing to Dorothy M. Spidle, who is the alleged incapacitated person's daughter. 3. Service occurred at the law office of Charles F. Chenot, III, Esquire, 217 South Carlisle Street, New Bloomfield, Perry County, Pennsylvania. 4. The contents and terms of the Petition were explained to the maximum extent possible in language and terms that Dorothy M. Spidle was most likely to understand. Witness r~ COMMONWEALTH OF PENNSYLVANIA * · SS: COUNTY OF PERRY * On this 3°%ay of /~;/-4(~0<7~, 2004, before me, the undersigned notary, personally appeared Charles F. Chenot, III, known to me (or satisfactorily proven) to be the person whose name is subscribed to within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. MY NOTARIAL SEAL '~ANDRA IMY CAMPBELL, NOTARY PUBLIC I BLOOMFIELD BORO PERRY COUN'Iy COMMISSION EXP RES OCT, 26. 2006J IN RE: ESTATE OF HAZEL C. SPIDLE * IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA Alleged Incapacitated Person * ORPHANS' COURT DIVISION · No. 21-04-0705 AFFIDAVIT OF RETURN OF SERVICE Charles F. Chenot, III, being duly sworn according to law, deposes and says: 1. He is a competent adult, age thirty-eight (38) years, who is not a party to the above action. 2. On August 30, 2004, at 1:35 P.M., service of P~ition for Appointment of Plenary Guardian in the above action was made by the undersigned by reading to and handing to Hazel C. Spidle, who is the alleged incapacitated person. 3. Service occurred at the law office of Charles F. Chenot, III, Esquire, 217 South Carlisle Street, New Bloomfield, Perry County, Pennsylvania. 4. The contents and terms of the Petition were explained to the maximum extent possible in language and terms that the alleged incapacitated person was most likely to understand. Witness ~ _~ : ~ COMMONWEALTH OF PENNSYLVANIA * · SS: COUNTY OF PERRY * On this ~day of/44~¢~tcr~ , 2004, before me, the undersigned notary, personally appeared Charles F. Chenot, III, known to me (or satisfactorily proven) to be the person whose name is subscribed to within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal the day and year first above written. NOTARIAL SEAL I ~ANDRA KAY CAMPBELL, NOTARY PUBLIC BLOOMFIELD BORO.,PERRY COUNIY MY COMMiSSiON EXPIRES OCT. 26. 2006 IN RE: ESTATE OF HAZEL C. SPIDLE,: IN THE COURT OF COMMON PLEAS AN ALLEGED INCAPACITATED : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS~ COURT DIVISION PERSON : NO. 21-04-705 IN RE: PETITION FOR APPOINTMENT OF PLENARY GUARDIAN OF ESTATE AND PERSON EEFOP~E OLER, J. ORDER OF COURT AND NOW, this 6th day of October, 2004, upon consideration of the Petition under Section 5511 of the Probate, Estate and Fiduciaries Code To Adjudge Hazel C. Spidle To Be an Incapacitated Person and To Appoint a Plenary Guardian ef Her Estate and Person, and following a hearing on this date at which ~he allegedly incapacitated person, Hazel C. Spidle, was present, as were Petitioner, Dorothy M. Spidle, and her counsel, Charles F. ChenoE, III, Esquire, and the Court finding that Ms. Spidle is totally incapacitated for purposes beth ef her person and estate, she is so adjudicated, and Dorothy M. Spidle is appointed plenary guardiar~ of her person and estate. The guardian is directed te file reports in accordance with the previsions ef the Probate, Estates and Fiduciaries Code applicable to such guardianships. No bond shall be required of the guardian in this case . By the Court, . J~/Wesley O~e~r, or., ~harles F. Chenot, III I P.O. Box 250 ~ew Bloomfield, PA 17068 pcb IN RE: ESTATB OF ~AZEL C. SPIDLE,: IN THE COURT OF COMMON PLEAS AN ALLESED INCAPACITATED : CUMBERLAND COUNTY, PENNSYLVANIA PERSON : ORPHANS~ COURT DIVISION : NO. 21-04-705 IN RE: PETITION FOR APPOINTMENT OF PLENARY GUARDIAN OF ESTATE AND PERSON BEFORE OLER, J. OPINION and ORDER OF COURT OLER, -., October 6, 2004. At issue in the present case is whether Hazel C. Spid!e should be adjudicated an incapacitated person, and, if se, whether her daughter, Dorethy M. Spidle, Petitioner herein, sheuld be appeinted plenary guardian of her persen and estate. A hearing was Held in this matter en Wednesday, Octeber 6, 2004, before the undersigned judge. Present at the hearing were Hazel O. Spidle, the allegedly incapacitated person, her daughter, Petitioner Dorothy H. Spidle, and Petitioner's ceunsel, Charles F. Chenet, Iii, Esquire. Based upon the evidence presented at the hearing, the fellowing Findings of Fact, Discussion and Order ef Court are made an~ entered: FINDINGS OF FACT 1. The allegedly incapacitated person is Hazel C. Spidle (date ef birth, April 11, 1923), a domiciliary ef Cumberland County residing with Petitioner at 3420 Spring Read, Carlisle, Cumberland Ceunty, Pennsylvania, 17013. 2. Petitioner is Dorothy H. Spidle, an adult individual and daughter of the allegedly incapacitated person, who also resides at 3420 Spring Read, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The allegedly incapacitated person, Hazel C. gpiS]~, s~ffers from multi-infarct dementia and Alxheimer's Disease, the onset of which occurred in 1995 in the form of a loss ef short-term memory, the stahuo of which became severe in 1998, and the progress of which te this point has resulted in severe dementia. 4. As a result of the aforesaid condition, Hs. Spidle · s an adul~ individual whose ability to receive and evaluate information effectively and communicate decisions is impaired te such a significant extent that she is totally unable to manage her financial resources and totally unable to meet essential requirements for her physical health and safety. The aforesaid condition may be irreversible. 6. Based upon the aforesaid condition, the Court finds it necessary te establish plenary guardianships with respect te the estate and person ef Ms. Spidle. 7. In view of the absence efa mere favorable prognosis at this time, the duration ef the guardianships required must be said to be indefinite, pending further Order of Court. 8. Dorothy H. Spidle, daughter ef the allegedly incapacitated person, is found to be a person qualified under 20 Pa. C.S. Section 5511{f) to serve as plenary guardian of Hs. Spidle's person and estate. 9. The foregoing Findings of Fact are made en the basis ef clear and convincing evleenc . DISCUSSION The provisions respecting an adjudication of ' '~ , ~ ' d in 20 Pa. C S Subsection 5501 et seq. Petitioner has substantially complied with these provisions, and based upon the foregoing Findings of Fact the following order ef Court will be entered: ORDER OF COURT AND NOW, this 6th day of October, 2004, upon consideration of the Petition under Section 5511 of the Probate, Estate and Fiduciaries Code To Adjudge Hazel C. Spidle ?o Be an ~ncapacitated Person and To Appoint a Plenary Guardian of Her Estate and Person, and following a hearing en this date at which the allegedly incapacitated person, Hazel C. Spidle, was present, as were Petitioner, Dorothy M. Spidle, and her counsel, Charles F. CNenot, III, Esquire, and the Court ~inding that Ms. Spidle is totally incapacitated for purposes both of her person and estate, she is so adjudicated, and Dorothy M. Spidle is appointed plenary guardian ef her person and estate. The guardian is directed to file reports in accordance with the previsions of the Probate, Estates and Fiduciaries Code applicable te such guardianships. No bond shall be required of the guardian in this case. By the Court, /s/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., Charles F. Chenot, III P.O. Box 250 New Bloomfield, PA 17068 pcb Marjorie A. Wevodau First Deputy One Courthouse Square Carlisle, Pa. 17013 Glenda Farner Strasbau9h Register of Wills & Clerk of the Orphans' Court Kirk S. Sohonage, Esquire Solicitor (717) 240-6345 FAX (717) 240-7797 OFFICES OF 3Register of Wills anb (!Clerk of toe <!&rpoans' (!Court \!Countp of \!Cumberlanl:J December 1, 2005 Dorothy M. Spidle 3420 Spring Road Carlisle, PA 17013 IN RE: Estate of Hazel C. Spidle, an incapacitated person File No. 21-04-0705 Dear Sir/Madam: It has come to my attention that you have not filed the guardian reports required by 20 Pa.C.S.A. S5521(c) in the above captioned guardianship. Enclosed you will find the suggested formes). Please mail those reports, along with a check for the filing fee which is $15 for each report filed, payable to the Clerk of Orphans' Court, to the following address within (30) days to: Clerk of Orphans' Court One Courthouse Square Carlisle, P A 17013 If you have any questions, please contact your attorney. Respectfully, .:1 r ~ ,'r . i? J 'I' ,r,- "- ..~ '-'~P.J.~.. . Glenda Farner Strasbaugh · Clerk of the Orphans' Court CC: Charles L. Chenot, Esquire