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HomeMy WebLinkAbout03-0367IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IRENE COLEMAN, an alleged incapacitated person No. PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE WITH 20 PA C.S. SECTION 5511 TO THE HONORABLE JUDGES OF THE SAID COURT: 1. Petitioner, HCR Manor Care (hereina~er referred to as "Petitioner"), is a health care provider qualified to conduct business in the Commonwealth of Pennsylvania, and is the residential services provider for IRENE COLEMAN, the alleged incapacitated person. Petitioner maintains offices and/or a place of business within the County of Cumberland, located at 1700 Market Street, Camp Hill, Pennsylvania 17011. 2. The alleged incapacitated person, IRENE COLEMAN, having a date of birth of October 22, ! 904, is 98 years of age, is widowed, has a Social Security Number of and presently maintains her domicile at 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. To the best of the Petitioner's knowledge, information and belief, the alleged incapacitated person has no living parents, spouse and/or adult testate or intestate heirs. 4. The alleged incapacitated person's functional limitations are: disorientation as to time and occasionally as to place; incontinent; able to speak, but not into complete a sentence; and inability to perform any activities of daily living without substantial assistance. 5. The alleged incapacitated person lacks sufficient capacity to make or communicate responsible decisions concerning her person or property due to her age and physical incapacity, more specifically described herein, which has permanently impaired the alleged incapacitated person's abilities, and which requires the care available at a skilled care facility. 6. Petitioner seeks the appointment of a plenary guardian of the person of IRENE COLEMAN because infirmities of old age and mental deficiencies impair her ability to receive and evaluate information effectively and communicate decisions in any way to such a significant extent that she is totally unable to meet essential requirements for her physical health and safety, and is totally unable to manage her financial resources. 7. The specific areas concerning which IRENE COLEMAN is alleged to be incapacitated are as follows: 2. 3. 4. 5. Mental infirmities of old age; Mental disability; Moderately advanced to advanced dementia; Schizophrenia; Anxiety; 2 6. Seizure disorder~ and 7. Tardive dyskinesia. 8. The alleged incapacitated person, upon information and belief, was never a member of the armed services of the United States. 9. The approximate value and/or extent of the assets of the alleged incapacitated person are unknown to the Petitioner. ! O. The estimated monthly net income of the alleged incapacitated person from all sources is approximately ~line Hundred Ten and 00/100 Dollars ($c~10.00) for social security benefits. 11. Because of her mental and/or physical condition, the alleged incapacitated person is totally unable to manage her financial affairs, property, and business and is liable to dissipate her property or become the victim of designing persons, and lacks the capacity to make and communicate responsible decisions relating thereto, including the ability to communicate her need for assistance in these areas. ! 2. Because of her impaired mental and/or physical condition, the alleged incapacitated person lacks the capacity to make or communicate responsible decisions concerning her person and is unable to keep herself properly nourished and hydrated, make her own living arrangements or otherwise tend to the daily necessities of her care. ! 3;. 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, specifically including, but not limited to all issues related to her cash, checks, and any bank or savings accounts held in her name, stocks and bonds, personal property, real estate, life and other insurance of which she is a beneficiary, 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. 1 4. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable less restrictive alternatives necessitate the plenary guardian of her person be appointed to handle all issues relating to the person of 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, psychiatric, dentist, nurses, therapists, and other professionals for her physical and mental treatment and care. 1 5. To the extent known by Petitioner, it is averred that the alleged incapacitated person had an executed a Power of Attorney, but said individual has recently passed away, and therefore, there is no other individual able to act on behalf of IRENE COLEM^I~I or make medical/financial decisions on her behalf. 4 16. To the extent known by Petitioner, it is averred that the alleged incapacitated person has not executed an Advance Directive for Health Care or Living Will. 17. To the extent known by Petitioner, it is averred that the alleged incapacitated person does not have a Will. 18. Petitioner is without knowledge or information as to whether the alleged incapacitated person has funds reserved for funeral and burial. 19. No reasonable alternatives to the appointment of a guardian of the person and estate of IRENE COLEMAN exist, due to the age and physical condition of the alleged incapacitated person, and due to the fact that her Power of Attorney has recently passed away, and therefore, there is no other individual able to act on behalf of IRENE COLEMAN or make medical/financial decisions on her behalf. 20. The Petitioner proposes that this Honorable Court appoint a plenary guardian of the estate and person of IRENE COLEMAN, the alleged incapacitated person. 21. The Petitioner requests that the proposed guardian of the estate and person have no interest adverse to the alleged incapacitated person. 22. No other Court, upon information and belief, has heretofore assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 23. Llpon information and belief, no other guardian has been appointed for the Estate or the person of the alleged incapacitated person. WHEREFORE, Petitioner respectfully requests that this Honorable Court award a Citation directed to IRENE COLEMAN, the alleged incapacitated person, and to such other persons as this Honorable Court may direct to show cause why IRENE COLEMAN should not be adjudged a fully incapacitated person, and in need of a plenary ~uardian of her person and estate; and why a ~uardian of her person and estate should not be appointed pursuant to 20 Pa. C.S.A. §5513; and to require notice of this proceeding to such persons as this Honorable Court may direct. Respectfully submitted, Pl~ilip ~.-~ WOLFSOI~ 267 East York, PA ~hol~c, Esquire ~ ASSOCIATES, P.C. arket Street 7403 (717) 846-1252 ID No. 86341 Attorney for Petitioner 6 VERIFICATION Philip C. Warholic, Esquire, hereby states that he is the attorney for the Petitioner, HCR Manor Care, and he is authorized to take this verification on behalf of said Petitioner in the within action and verifies that the statements made in the foregoing Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person are true and correct to the best of his knowledge, information, and belief, based upon information provided by the Petitioner. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Philip C. W/~holic, Esquire WOLFSO~[ ~ ASSOCIATES, P.C. 267 East tvlarket Street York, PA 17403 (717) 846-1252 ID No. 86341 Attorney for Petitioner IN THE COURT OF COl'II'dON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: IRENE COLEMAN, an alleged incapacitated person No. 21-2003-0367 CONSENT OF PROPOSED GUARDIAN COMMONWEALTH OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : Neighborhood Services, Inc., 100 South Queen Street, Lancaster, PA 17603, does hereby certify that it is willing to act as the Guardian for the Person and Estate of IRENE COLEMAN, an alleged incapacitated person, if the court shall so appoint. Further, Neighborhood Services, Inc., does hereby certify ~hat it is not a fiduciary of any Estate in which the alleged incapacitated person has an interest, nor has it any interest adverse to the alleged incapacitated person. The facts and opinions contained herein are true and correct to the best of my knowledge, information and belief. SWORN and SUBSCRIBED to before me this ~ ~,~4~ day of ~l CL~ ,2003. Vernon Fishe( ' ~' Executive Director of Neighborhood Services, Inc. Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IRENE COLEMAN, an : No. 21-03-3~'6 alleged incapacitated : person : RETURN OF SERVICE , served a "P~tion for Udication of lnc ~intment of Guardian" and "Citation" scheduling a hearing for June 9, 2003, by personal service on the alleged incapacitated person, IRENE COLEMAN, at the following address: HCR Manor Care - Camp Hill, 1 700 Market Street, Camp Hill, PA 17011 ! verify that the statements made in this return of service are true and correct, i understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. Sec. 4904 relating to unsworn falsification to authorities. Date: SWORN and SUBS~z~BED to_~re me this ,4~. day  ,2003. Notary Public p.o-rxi=.~u. ~ E K. HAVNAER, Notary Public Hill Boro, Cumberla~ County mmission Expires June 24, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION APR 2 § 2003 IN RE: IRENE COLEMAN, an alleged incapacitated person "No. 1-0,5-03 q PRELIMINARY DECREE AND NOW, this ,'~)(~ day of ~)~ ~ 2003, it is hereby ORDERED that upon consideration of the annexed Petition for Adiudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person in Accordance with 20 Pa. C.S.A. Section 5511, it is hereby ORDERED that a Citation be awarded and directed to IRENE COLEMAN to show cause, if any, why she should not be adjudiCated as an incapacitated person and a guardian be appointed for his Estate. A hearing shall be held on the ~ 0r~day of ~~ ,2003, at /1~00 C2 .m., in Courtroom ~ of the Cumberland County Court House, Carlisle, PA. At least twenty (20) days' notice of the hearing shall be given to the alleged incompetent by personal service of the said Notice upon those individuals mentioned in the Petition, whose addresses are known to the Petitioner, by personal service or by Certified // IN RE: IRENE COLEMAN, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2003-0367 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 our fight to manage money and property and to make decisions. A copy of the petition which has been filed by HCR Manor Care is attached. You are hereby ordered to appear at a heating to be held in Court Room No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, on May 20 ,2003, at 11:00 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 hearing, you have the tight 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 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 tights 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 heating in your absence and may appoint the Guardian requested. Clerk, Orphans Court Division Cumberland County, Carlisle, PA My Commission Ex ires Ist Monday January, 2006 ATFORNEYS Daniel F. Wolfson Amy F. Wolfson Philip C. Warholic James K. Reed* Gordon A. Lynn ^ PARALEGALS ~dichele M. McHugh i~lelissa D. Sweeney *Lic~ nsed in Pennsylvania & Maryland ^ licensed in Maryland Only WOLFSON & ASSOCIATES, P.C. Attorneys at Law 267 East Market Street York, Pennsylvania 17403 (717) 846-1252 (800) 321-8467 FAX (717) 848-1146 e-mail: dfwolfson @debtcollection.net BRANCH OFFICE: 8 Manchester Street Glen Rock, PA 17327 (717) 235-5014 PLEASE FORWARD ALL CORRESPONDENCE TO THE YORK OFFICE 5 May 2003 Orphan's Court Division Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 IN RE: Irene Coleman, an alleged incapacitated person Cumberland County Orphan's Court No. 21-2003-0367 Dear Sir/Madam: Please be advised that our office represents the interests of the Petitioner, HCR Manor Care, in regards to the above referenced matter. Our office has been advised that a hearing in this matter has been scheduled for May 20, 2003, at 11:00 a.m. Due to the fact that our office just received the time-stamped copies of the Petition for Guardianship and Citation, pursuant to this matter, on May 3, 2003, we will be unable to serve them upon the alleged incapacitated person, and any other interested individuals, within the required twenty (20) day notice requirement. While we greatly appreciate your assistance and cooperation in handling this matter, please be advised that, due to the aforementioned reasons, we have no alternative but to request a continuance of this matter and request that a new Preliminary Decree and Citation be issued upon the alleged incapacitated person by your office. Accordingly, we respectfully request that this matter be taken off of the Court's calendar for May 20, 2003, as our office does not yet know which Judge this matter was to be assigned to. Please contact our office to inform us as to the new hearing date/time at your earliest convenience. Should you have any questions or require any a~tk~. ~ i~,form~t~a0~ please do not hesitate to contact the undersigned. ~-. Sincerely, WO, LFSON e,t ASSOCIATES~ P.C. P i iD C. W,~fi:holic, Esquire PCW/ts LtV 9- IN RE: IRENE COLEMAN, AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2003-0367 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 HCR MANOR CARE is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, on JUNE 9 ,2003, at 11:00 AM. 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. By: , Cle'l'k, Orphansk[,.C~')urt Division ' Cumberland Cou'h-~, Carlisle, PA My Commission Expires 1 st Monday, January, 2006 IN RE: IRENE COLEMAN, IN THE COURT OF COMMON PLEAS OF AN ALLEGED INCAPACITATED': CUMBERLAND COUNTY, PENNSYLVANIA PERSON 21-03-0367 ORPHANS' COURT ORDER OF COURT AND NOW, this ~ day of May, 2003, IT IS ORDERED that the hearing currently scheduled for Tuesday, May 20, 2003, IS CONTINUED. The hearing on the petition for adjudication of incapacity and appointment of plenary guardian of the estate and person in accordance with 20 Pa.C.S.A. Section 5511, shall be held at 11:00 a.m., Monday, June 9, 2003, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. A Citation is awarded and directed to Irene Coleman to show cause, if any, why she should not be adjudicated as an incapacitated person and a guardian be appointed for her estate. At least twenty (20) days notice of the hearing shall be given to the alleged incompetent by personal service of the said notice upon those individuals mentioned in the petition, whose addresses are known to the petitioner, by personal service or by certified mail. :sal IN THE COURT OF COkIMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: : IRENE COLEMAN, an : alleged incapacitated : person : : No. 21-2003-0367 FINAL DECREE AND NOW, TO WIT, this ,~'C2 day of ,2003, consideration of the within Petition and hearing thereto, IRENE COLEMAN, is hereby adjudicated to be an incapacitated person, and Neighborhood Services, Inc., is hereby appointed plenary guardian of the Person of IRENE COLEMAN. Neighborhood Services, Inc., is due a reasonable fee that will be deducted from the income of the Incapacitated Person in concurrence with their current fee schedule. IT IS SO ORDERED: