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HomeMy WebLinkAbout03-0170laW OFFICES SNELBaKER. BRENNEMAN & SPARE IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JAMES E. WALKER : : ORPHANS' COURT DIVISION : NO: ZI-(::)~- I'10 PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE WITH 20 PA. CONSOLIDATED STATUTE ANNOTATED § 5511 TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. Petitioners are Tammy L. Keys, granddaughter of James E. Walker, the "alleged incapacitated person" and Jeannie Hicks, daughter of the alleged incapacitated person. 2. Tammy Keys is seeking appointment as guardian of the person. Jeannie Hicks is seeking appointment as guardian of the estate. 3. The alleged incapacitated person was born on December 28, 1926, is 76 years of age, is single and resides at Country Meadows Living Center located at 4837 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. He has resided there since on or about November 22, 2002. 4. The following persons are to the best of Petitioners' knowledge, information and belief the only living next-of-kin of the alleged incapacitated person: Barbara Payton (Daughter) 263 Lakeshore Drive Warner Robins, Georgia 31088 Linda Nuttall (Daughter) 4677 Gordon Drive Boulder, Colorado 80303 Beth Johnson (Daughter) 2271 Hiddenview Drive Newport, Michigan 48166 LAW OFFICES SNELBAKER, BRENNEMAN & SPARE Gail Snyder (Daughter) 21 Lois Lane Mechanicsburg, Pennsylvania 17050 Jeannie Hicks (Daughter) 1731 Highway 11 North Murfreesboro, North Carolina 27844 Peggy Bryce (Daughter) 39 West Main Street, Apartment 3 Mechanicsburg, PA 17055 Bonnie Willey (Daughter) 5964 Sellger Drive Norfolk, Virginia 23502 5. The name and address of the institution providing residential services for the alleged incapacitated person is Country Meadows, 4837 East Trindle Road, Mechanicsburg, Pennsylvania 17055. On or about February 13, 2003, he was admitted to the York Hospital in York, Pennsylvania in the geriatric psychiatric area. 6. To the extent known by Petitioners, the assets of the alleged incapacitated person are valued at approximately $30,000, comprising a home in Barton, Maryland. In addition, he owns a checking account based in Barton, Maryland with a balance unknown to Petitioners but believed to be between $3,000 and $17,000. 7. Petitioners estimates the alleged incapacitated person's monthly income to be approximately $2,700, including his military retirement benefits and social security benefits. 8. The alleged incapacitated person was a member of the armed services of the United States and is receiving benefits from the United States Veterans' Administration. 9. The alleged incapacitated person suffers from dementia, schizophrenia and bi- polar conditions. 2 LAW OFFICES SNEIBAKEr. brEnNEMAn & SPARE 10. Because of his mental and/or physical condition, the alleged incapacitated person is totally unable to manage his financial affairs, property and business and to make and communicate responsible decisions relating thereto, including the ability to communicate his need for assistance in these areas. 11. Because of his impaired mental and/or physical condition, the alleged incapacitated person lacks the capacity to make or communicate responsible decisions concerning his person and is unable to make decisions in his own best interest. 12. The following alternatives to the appointment ora guardian of the estate have been considered: do nothing and allow other unknown persons to attend to his affairs. This alternative would be ineffective because it does not address the problem. 13. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of a viable, less restrictive alternative necessitate that a plenary guardian of his estate be appointed to manage and handle all aspects of the alleged incapacitated person's 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 his cash, checks, and any bank or savings accounts held in his name, his personal property, his real estate, his insurance, his entitlement to any governmental and non-governmental benefit plans, federal ,state, and local taxes, claims made or to be made on behalf of him or against him, the execution of documents, entry into contracts affecting him and the payment of reasonable compensation or costs to provide services for him. 14. The following alternatives to the appointment of a guardian on the person have been considered: do nothing and allow other unknown persons to attend to his decisions LAW OFFICES SNelBaker, BRENNEmaN & SparE regarding his living arrangements and medical care. This alternative would be ineffective because it does not address the problem. 15. 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 person be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: his living arrangements, his medical and psychiatric care, the administration of medication to him and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for his physical and mental treatment and care. 16. The proposed plenary guardian of the person of the alleged incapacitated person is Tammy L. Keys, granddaughter of the alleged incapacitated person, who resides at 103 South 2nd Street, Dillsburg, Pennsylvania 17019. The proposed plenary guardian is 33 years of age and is employed in the quality control department of Rexall Sundown located at 909 Katie Court, Suite B, Harrisburg, Pennsylvania. Her education includes a high school diploma. 17. The proposed plenary guardian of the person of the alleged incapacitated person has no interest adverse to the alleged incapacitated person. The consent of the proposed plenary guardian of the person is attached as Exhibit 18. 19. The proposed plenary guardian of the estate of the alleged incapacitated person is Jeannie Hicks, daughter of the alleged incapacitated person, who resides at 1731 Highway 11 North, Murfreesboro, North Carolina, 17855. The proposed plenary guardian is 52 years of age and is employed as a pharmacy technician for Wal-Mart in Ahoskie, North Carolina. Her education includes a GED. 4 Law OFFICES SNELBaKER. BrenneMaN & SpAre 20. The proposed plenary guardian of the estate of the alleged incapacitated person has no interest adverse to the alleged incapacitated person. 21. The consent of the proposed plenary guardian of the estate is attached as Exhibit 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, Petitioners respectfully request that this Court award a citation directed to James E. Walker, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why he should not be adjudged a fully incapacitated person, and Tammy L. Keys appointed plenary guardian of his person and Jeannie Hicks appointed as plenary guardian of his estate. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By ~hili~p~e, Esquire Pa. Supreme Court I.D. #65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Petitioners Date: February 25, 2003 LAW OFFICES SNEIBAKEr. BRENNEMAN & SPARE CONSENT OF GUARDIAN OF THE PERSON TO APPOINTMENT I, TAMMY KEYS, hereby consent to act as the Guardian of the Person of James E. Walker. I reside at 103 South 2nd Street, Dillsburg, Pennsylvania 17019, and am employed locally in quality control for Rexall Sundown. 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 James E. Walker, the alleged incapacitated person. '~ Tammy Ke~Propo~d Guardian of the Person Date: February 10, 2003 EXHIBIT A LAW OFFICES SNELBaKEr. BrENNEMAN & SPAre CONSENT OF GUARDIAN OF THE ESTATE TO APPOINTMENT I, JEANNIE HICKS, hereby consent to act as the Guardian of the Estate of James E. Walker. I reside at 1731 Highway 11 North, Murfreesboro, North Carolina 17855, and am employed as a pharmacy technician for Wal-Mart in Ahoskie, North Carolina. 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 James E. Walker, the alleged incapacitated person. (,~ Jeannie Hick~, Proposed Guardian of the Estate Date: February 10, 2003 EXHIBIT B IN RE: · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA JAMES E. WALKER · ORPHANS' COURT DIVISION NO. 21-03-170 PRELIMINARY DECREE AND NOW, this ~?-c~ day of March, 2003, upon consideration of the attached petition, IT IS ORDERED that a Citation be awarded and directed to be served personally on James E. Walker, the alleged incapacitated person to show cause why he should not be adjudged an incapacitated person and why Tammy L. Keys should not be appointed as the plenary guardian of his person and Jeannie Hicks appointed as plenary guardian of his estate. A hearing will be held on the :~b-L~" day of ']??ct ~d~ , 2003, at ~.'drT~) /0 .m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. James E. Walker has the right to request the appointment of counsel and the right to have such counsel paid for if it cannot be afforded. BY THE COURT, . Hess, J. LAW OFFICES SNELbaKER. BrENNEMan & SParE VERIFICATION I verify that the statements made in the foregoing Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person in Accordance with 20 Pennsylvania Consolidated Statute Annotated Section 5511 are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: February ~ ~ . ,2003 IN RE: JAMES E. WALKER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : : NO. 21-2003-0170 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 Tammy L. Keys 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 March 26th ,2003, at 3:00 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 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 heating (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. Clerk, Orphans' Court Division Cumberland County, Carlisle, PA My Commission Expires 1st Monday, January, 2006 IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JAMES E. WALKER : ORPHANS' COURT DIVISION : : NO. 21-03-170 PRELIMINARY DECREE AND NOW, this ~ ~/" day of March, 2003, upon consideration of the attached petition, IT IS ORDERED that a Citation be awarded and directed to be served personally on James E. Walker, the alleged incapacitated person to show cause why he should not be adjudged an incapacitated person and why Tammy L. Keys should not be appointed as the plenary guardian of his person and Jeannie Hicks appointed as plenary guardian of his estate. A hearing will be held on the 30th day of April, 2003, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. James E. Walker has the right to request the appointment of counsel and the right to have such counsel paid for if it cannot be afforded. BY THE COURT, IN RE: JAMES E. WALKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2003-0170 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 Tammy L. Keys is attached. You are hereby ordered to appear at a heating to be held in Court Room No. 4, Cumberland County Courthouse, Carlisle, Pennsylvania, on April 30 ,2003, 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 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. ~'" x. r- Clerk, Orphans' Court Division '~ {;~¥~D Cumberland County, Carlisle, PA t/t My Commission Expires 1st Monday, January, 2006 LAW OFFICES SnEIBaKer, BReNNEmAN & Spare INRE: JAMES E. WALKER : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO: 21-03-170 MOTION FOR CONTINUANCE OF HEARING TO THE HONORABLE KEVIN A. HESS: AND NOW, come Tammy L. Keys and Jeannie Hicks, Petitioners by their attorneys, Snelbaker, Brenneman & Spare, P.C., and move as follows: 1. Petitioners in this case are Tammy L. Keys, granddaughter of James E. Walker and Jeannie Hicks, daughter of James E. Walker. The Petition was filed on February 26, 2003. 2. By Preliminary Decree dated March 7, 2003, a hearing was scheduled for March 26, 2003. Petitioners did not have sufficient time to serve the alleged incapacitated person twenty days in advance of the hearing as required by law. 3. At the request of Petitioners' counsel, the Court rescheduled the hearing for April 30, 2003. Due to the circumstances described below, the alleged incapacitated person has not been served with notice of the April 30, 2003 hearing. 4. Since the filing of this action in late February 2003, James E. Walker has been successfully treated and discharged from the geriatric psychiatric unit of the York Hospital in York, Pennsylvania. 5. During March 2003, James E. Walker returned to residing at Country Meadows Living Center on East Trindle Road in Mechanicsburg, Pennsylvania. During March 2003, Mr. Walker did not exhibit the behavior problems that led to the filing of the Petition in this case. LAW OffiCES SNelBaker. BrEnNeMan & Spare 6. Petitioners continue to work with Country Meadows Living Center and others to monitor and evaluate the mental and physical condition of James E. Walker. 7. At present, it is not necessary to proceed with the hearing scheduled for April 30, 2003. 8. For the time being, Petitioners request that the underlying Petition remain viable in the event it becomes necessary to name guardians in the future. WHEREFORE, Petitioners Tammy L. Keys and Jeannie Hicks respectfully request your Honorable Court to cancel the hearing currently scheduled for April 30, 2003 and to continue this matter generally. April 8, 2003 Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. Philip It. Sp~e, Est~uire Pa. Supreme Court I.D. #65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Petitioners Tammy L. Keys and Jeannie Hicks