HomeMy WebLinkAbout03-0579IN RE: PETITION OF VENITIA L.
CROWELLE-COBB
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
· No. O.C. o~1_..0 3_5 t} c~
· ORPHAN'S COURT DIVISION
PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT
OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE
WITH 20 PA. CONS. STAT. ANN. SECTION 5511
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
1 Petitioner Venitia L. Cobb is the daughter of Elizabeth M. Crowelle, social security number
414-52-0121, the alleged incapacitated person.
2 The alleged incapacitated person was bom on February 2, 1935, is 68 years of age and is a
widower, and resides at The Claremont Nursing Home and Rehabilitation Center, 1000
Claremont Road, Carlisle, Pennsylvania 17013 since November 1999.
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:
Venitia L. Crowelle-Cobb (daughter)
1950 Bellvue Rd.,
Harrisburg, Pennsylvania 17104
Francino A. Crowelle, Jr., (son)
6587 Creekrun Drive
Centerville, VA 20121
4 The name and address of the institution providing residential services as well as medical
services for the alleged incapacitated person is The Claremont Nursing Home and Rehabilitation
Center, 1000 Claremont Road, Carlisle, Pennsylvania 17013.
5 To the extent known by Petitioner, the assets of the alleged incapacitated person are valued at
approximately $ 300.00, comprising o f her monthly social security check.
6 Petitioner estimates the alleged incapacitated person's annual income to be $3600.00,
amounting to her 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 has suffered from Alzheimer's disease and has also suffered
from Dementia, which has caused her to lose her power to speak, to rely on herself, to be
independent, to provide any required consents or approvals on behalf of herself, to walk, to
communicate, to provide for her safety, to feed herself, to provide for her bodily functions, to
provide for her financial affairs, to administer medication to herself, to employ or discharge
physicians, nurses, therapists, and other professionals for her physical treatment and care.
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 her impaired mental and physical condition, the alleged incapacitated person lacks
the capacity to make or communicate responsible decisions concerning her person.
11 Due to the adverse impact of her illnesses, no alternatives to the appointment of a guardian of
the estate and person have been considered inasmuch as they would be infective.
12 The severity of the alleged incapacitated person's mental and physical condition and the lack
of a 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, her personal property, her real estate, life insurance,
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 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 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 care 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.
14 Petitioner is not aware that the alleged incapacitated person signed any powers of attorney or
advance health care directives or in any other way designated anyone to serve as her agent over
any of her personal or financial affairs or as her surrogate over her medical care, or that she
designated in writing her wishes with regard to health care, including the use or refusal of life
sustaining treatment.
15 The proposed plenary guardian of the person and estate of the alleged incapacitated person is
Venitia L. Crowelle-Cobb, daughter of the incapacitated person, who resides at 1950 Bellvue
Rd., Harrisburg, Pennsylvania 17104.
16 The proposed plenary guardian of the person and estate is 45 years of age and is employed as
an Administrator.
17 The proposed plenary guardian has no interest adverse to the alleged incapacitated person.
18 The consent of the proposed plenary guardian is attached hereto.
19 No other Court has ever assumed jurisdiction in any proceeding to determine the capacity of
the alleged incapacitated person.
20 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
Elizabeth M. Crowelle, the alleged incapacitated person, and to such other persons as this Court
may direct, to show cause why Elizabeth M. Crowelle should not be adjudged a fully
incapacitated person, and Venitia L. Cobb appointed plenary guardian of her person and estate.
Date: July 10, 2003
Respectfully submitted,
Stanley H. Mitchell, Esquire
P.O. Box 425
Harrisburg, Pennsylvania 17108
PA. Atty. I.D. No. 32093
(717) 233-3339
Attorney For Petitioner
IN RE: PETITION OF VENITIA L.
CROWELLE-COBB
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
· No. O.C.
· ORPHAN'S COURT DIVISION
STATEMENT OF RIGHTS
AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED A
TOTALLY INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF
AND/OR MANAGE YOUR PERSONAL AND FINANCIAL AFFAIRS. YOU HAVE THE
RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TWENTY
(20) DAYS OF THE DATE OF THE COURT'S ORDER. IF YOU FAIL TO FILE
EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT THAT YOU
FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN
APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE
OF THE DENIAL OF THE EXCEPTIONS.
IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO
MODIFY OR TO TERMINATE THE PLENARY GUARDIANSHIP IF THERE IS A
SIGNIFICANT CHANGE IN YOUR CAPACITY OR IF YOUR PLENARY GUARDIAN
FAILS TO PERFORM HER DUTIES IN ACCORDANCE WITH THE COURT'S
ORDER.
IF YOU WISH TO FILE EXCEPTIONS TO OR FURTHER APPEAL THE ORDER
OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE PLENARY
GUARDIANSHIP, YOU MAY BE REPRESENTED BY AN ATTORNEY. 1F YOU DO
NOT HAVE AN ATTORNEY, YOU MAY REQUEST THAT THE COURT APPOINT
ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE
SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT WILL BE
PROVIDED AT NO COST TO YOU.
IN RE: PETITION OF VENITIA L.
CROWELLE-COBB
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
· No. O.C.
· ORPHAN'S COURT DIVISION
AFFIDAVIT TO EXCUSE ALLEGED INCAPACITATED
PERSON FROM COURT HEARINC
I, , am a licensed physician (or psychologist). I have
been licensed in the Commonwealth of Pennsylvania since
· ldo
hereby swear or affirm that within a reasonable degree of medical certainty I believe that the
alleged incapacitated person referred to within, Elizabeth M. Crowelle, should not attend the
Court hearing in the Cumberland County Courthouse because in my professional opinion her
physical and mental condition would be harmed by the transportation to the Courtroom and by
her attendance at the Court hearing.
I have based my opinion on a personal examination and or examination of medical records. My
diagnosis is as follows:
My prognosis is as
follows:
Signature of Physician
IN RE: PETITION OF VENITIA L.
CROWELLE-COBB
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
· No. O.C.
· ORPHAN'S COURT DIVISION
FINAL DECREE
AND NOW, this day of ,2003, upon consideration of the
annexed Petition and after heating held following due notice, it is hereby ORDERED and
DECREED that, based on a finding that Elizabeth M. Crowelle suffers from the effects of
Alzheimer's disease and Dementia, and as a result, is so severely mentally impaired that she is
unable to make, communicate or participate in any decision relating to her estate or person,
Elizabeth M. Crowelle is adjudged totally incapacitated. Venitia L. Crowelle-Cobb is appointed
plenary guardian of the person of Elizabeth M. Crowelle and Venitia L. Crowelle-Cobb is
appointed plenary guardian of the estate of Elizabeth M. Crowelle.
Within 12 months of the date of this decree and at least annually thereafter, the respective
guardian shall file with this Court a report that includes all information as required pursuant to 20
PA. Cons. Stat. Ann. 5521 (c).
Elizabeth M. Crowelle has twenty (20) days from the date of this decree to file exceptions·
Failure to file exceptions within that time will result in this decree becoming final. Elizabeth M.
Crowelle has been advised of her right to appeal and to petition to modify or terminate the
guardianship by copy of this decree and by Statement of Rights attached hereto.
BY THECOURT:
IN RE: PETITION OF VENITIA L.
CROWELLE-COBB
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
· No. O.C.
· ORPHAN'S COURT DIVISION
AFFIDAVIT OF CONSENT
1 I, Venitia L. Crowelle-Cobb, hereby consent to act as the plenary guardian of the estate and
person of my mother Elizabeth M. Crowelle.
2 I reside at 1950 Bellvue Road, Harrisburg, Pennsylvania 17104.
3 I am a citizen of the United States of America and can speak, read, and write the English
language.
4 1 have no interest adverse to Elizabeth M. Crowelle, the alleged incapacitated person.
Date: / o/o 3
Re~ac..tfully submitted,
Venitia L. Crowelle-Cobb
VERIFICATION
I, Venitia L. Crowelle-Cobb, Petitioner, verify that the foregoing Petition For Adjudication
And Appointment Of Plenary Guardian Of The Estate And Person is true and correct to the best
of my knowledge, information, and belief. I understand that false statements made herein are
made subject to the penalties of 18 PA.C.S. 4904 relating to unswom falsification to authorities.
Date:
Venitia L. Crowelle-Cobb
IN RE: PETITION OF VENITIA L.
CROWELLE -COBB
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY PENNSYLVANIA
03-
:ORPHAN'S COURT DIVISION
RELIMINARY DECREE OF CITATION
OF PLENARY GUARDIAN
AND NOW,
annexed Petition For
Person and Estate, it is hereby
,2003, upon
and the Appointment o
and DECREED that:
>n of the
Guardian of the
1 A citation is awarded, directed to
adjudged an incapacitated person and
be appointed; the hearing thereon to be hel.
Courthouse, 1 Courthouse Square, Carlisle,
M. Crowelle to
plenary guardi~
Courtro~
cause why she should not be
person and estate should not
Cumberland County
,5' oTcyz> at
2 Petitioner shall cause to be served b'
pursuant to the provisions of 20 Pa. Cons.
person at least twenty days (20) prior to
with Notice and Petition shall be read
and terms the alleged incapacitated
provisions of 20 Pa. Cons. Stat.
averments of the above
551
hearing.
to th{
is most likely to
1 (a). An affidavit of~
shall be presented at the be
Citation with Notice and Petition,
upon the alleged incapacitated
contents and terms of the citation
possible in language
in accordance with the
containing specific
of the court hearing.
3 At least twenty (20) days
shall be given personally or
entitled to share in
person or institution
providing essential
accordance with the
of the court heating together with
certified mail to all persons who are sui
of the alleged incapacitated person if she died
essential services to the alleged incapacitated
to the alleged incapacitated person and to Elizabeth
of 20 Pa. Cons. Stat. Ann. 551 l(a).
of the petition
would be
to the
or institution
Irowelle in
4 Petitioner and
days prior to
incapacitated
notice shall
not counse
counsel for the Petitioner shall notify the Court, in writing, at least (7)
heating if counsel has not been retained by or on behalf of the alle
in accordance with the provisions of 20 Pa. Cons. Stat. Ann. 551 l(a). ThisN, x,
contain all pertinent information which would indicate to the Court whether or ~
appointed to represent the interests of the alleged incapacitated person. X,x
5 The alleged incapacitated person shall be present at the court hearing unless it is established by
clear and convincing medical evi~r~.e that her physical or mental condition would be harmed by
her presence in court in accordanca w~sions of 20 Pa. Cons. Ann. 551 l(a).
BY T 'HE~~.///
IN RE: ESTATE OF ELIZABETH M.
CROWELLE, AN ALLEGED
INCAPACITATED PERSON
· IN THE COURT OF COMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
· No. O.C. 2103-579
· ORPHAN'S COURT DIVISION
PRELIMINARY DECREE OF CITATION
AWARDED OF PLENARY GUARDIAN
AND NOW, this 6 -day of ~,~,r,o-, ~" ,2003, upon consideration of the
annexed Petition For Adjudication Of Incapacity and the Appointment of Plenary Guardian of
the Person and Estate, it is hereby ORDERED and DECREED that:
1 A citation is awarded, directed to Elizabeth M. Crowelle 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 No. '/, Cumberland
Courthouse, 1 Couirthouse Square, Carlisle, Pennsylvania, on _,~-~ ~,. gt6ro~ County ' $ O
. - , atoq..~.l~. /O. rr)
2 Petitioner shall cause to be served by personal service the Citation with Notice and Petition,
pursuant to the provisions of 20 PA. Cons. Ann. 5511 (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. 5511 (a). An affidavit of service containing specific averments
of the above requirements shall be presented at the beginning of the court hearing.
3 At least twenty (20) days prior notice of the court heating 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 she died intestate, to the
person or institution providing essential services to the alleged incapacitated person or institution
providing essential services to the alleged incapacitated person and to Elizabeth M. Crowelle in
accordance with the provisions of 20 Pa. Cons. Stat. Ann. 5511 (a).
4 Petitioner and or counsel for the 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 provisions of 20 Pa. Cons. Stat. Ann. 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 interests 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 provisions of 20 Pa. Cons. Ann. 5511 (a).
BY THE COURT:
IN RE: ESTATE OF ELIZABETH M.
CROWELLE, AN ALLEGED
INCAPACITATED PERSON
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY PENNSYLVANIA
: No. O.C. 2103-579
:
:ORPHAN'S COURT DIVISION
IMPORTANT NOTICE TO ELIZABETH M. CROWELLE
AN ALLEGED INCAPACITATED PERSON
CITATION WITH NOTICE
A PETITION HAS BEEN FILED WITH THIS 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
PETrI'ION WHICH HAS BEEN FILED BY VENITIA L. CROWELLE-COBB IS
A'I'TACHED.
YOU ARE HEREBY ORDERED TO APPEAR AT A HEARING TO BE HELD IN
COURTROOM NUMBER , LOCATED IN THE CUMBERLAND COUNTY
COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PENNSYLVANIA, ON THE~
DAY OF ,2003 AT __.M. TO TELL THE COURT WHY IT
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 WILL 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 BE CONDUCTED 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 MONEY AND
OTHER PROPERTY AND WILL HAVE EITHER LIMITED OR FULL POWERS TO ACT
FOR YOU.
IF THE COURT FINDS THAT 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 OR 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:
CLERK OF THE ORPHAN'S COURT DIVISION
IN RE: ESTATE OF ELIZABETH M.
CROWELLE, AN ALLEGED
INCAPACITATED PERSON
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY PENNSYLVANIA
: No. O.C. 2103-579
:
:ORPHAN'S COURT DIVISION
AMENDED PETITION FOR ADJUDICATION OF INCAPACITY AND
APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN
ACCORDANCE WITH 20 PA.CONS.STAT.ANN.SECTION 5511
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
1 Petitioner Venitia L. Cobb is the daughter of Elizabeth M. Crowelle, social security number
414-52-0121, the alleged incapacitated person.
2 The alleged incapacitated person was bom on February 2, 1935, is 68 years of age and is a
widower, and resides at The Claremont Nursing Home and Rehabilitation Center, 1000
Claremont Road, Carlisle, Pennsylvania 17013 since November 1999.
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:
Venitia L. Crowelle-Cobb (daughter)
1950 Bellvue Rd.,
Harrisburg, Pennsylvania 17104
Francino A. Crowelle, Jr., (son)
6587 Creekrun Drive
Centerville, VA 20121
4 The name and address of the institution providing residential services as well as medical
services for the alleged incapacitated person is The Claremont Nursing Home and Rehabilitation
Center, 1000 Claremont Road, Carlisle, Pennsylvania 17013.
5 To the extent known by Petitioner, the assets of the alleged incapacitated person are valued at
approximately $300.00, comprising of her monthly social security check.
6 Petitioner estimates the alleged incapacitated person's annual income to be $3600.00,
amounting to her 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 fi.om the United States Veteran's Administration.
8 The alleged incapacitated person has suffered fi.om Alzheimer's disease and has also suffered
fi.om Dementia, which has caused her to lose her power to speak, to rely on herself, to be
independent, to provide any required consents or approvals on behalf of herself, to walk, to
communicate, to provide f°r her safety, to feed herself, to provide for her bodily functions, to
provide for her financial affairs, to administer medication to herself, to employ or discharge
physicians, nurses, therapists, and other professionals for her physical treatment and care.
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 her impaired mental and physical condition, the alleged incapacitated person lacks
the capacity to make or communicate responsible decisions concerning her person.
11 Due to the adverse impact of her illnesses, no alternatives to the appointment of a guardian of
the estate and person have been considered inasmuch as they would be infective.
12 The severity of the alleged incapacitated person's mental and physical condition and the lack
of a 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, her personal property, her real estate, life insurance,
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 The severity of the alleged incapacitated person's mental and or physical condition and th~
lack of viable, less restrictive alternatives necessitate 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 care 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.
14 Petitioner is not aware that the alleged incapacitated person signed any powers of attorney or
advance health care directives or in any other way designated anyone to serve as her agent over
any of her personal or financial affairs or as her surrogate over her medical care, or that she
designated in writing her wishes with regard to health care, including the use or refusal of life
sustaining treatment.
15 The proposed plenary guardian of the person and estate of the alleged incapacitated person is
Venitia L. Crowelle-Cobb, daughter of the incapacitated person, who resides at 1950 Bellvue
Rd., Harrisburg, Pennsylvania 17104.
16 The proposed plenary guardian of the person and estate is 45 years of age and is employed as
an Administrator.
17 The proposed plenary guardian has no interest adverse to the alleged incapacitated person.
18 The consent of the proposed plenary guardian is attached hereto.'
19 No other Court has ever assumed jurisdiction in any proceeding to determine the capacity of
the alleged incapacitated person.
20 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
Elizabeth M. Crowelle, the alleged incapacitated person, and to such other persons as this Court
may direct, to show cause why Elizabeth M. Crowelle should not be adjudged a fully
incapacitated person, and Venitia L. Cobb appointed plenary guardian of her person and estate.
Date: July 28, 2003
Respectfully submitted,
Stanley H. Mitchell, Esquire
P.O. Box 425
Harrisburg, Pennsylvania 17108
PA. Atty. I.D. No. 32093
(717) 233-3339
Attorney For Petitioner
IN RE: ESTATE OF ELIZABETH M.
CROWELLE, AN ALLEGED
INCAPACITATED PERSON
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
· No. O.C. 2103-579
· ORPHAN'S COURT DIVISION
FINAL DECREE
AND NOW, this .C' day of J'?o v~,.~ b ~ ,2003, upon consideration of the
annexed Petition and after hearing held following due notice, it is hereby ORDERED and
DECREED that, based on a finding that Elizabeth M. Crowelle suffers from the effects of
Alzheimer's disease and Dementia, and as a result, is so severely mentally impaired that she is
unable to make, communicate or participate in any decision relating to her estate or person,
Elizabeth M. Crowelle is adjudged totally incapacitated. Venitia L. Crowelle-Cobb is appointed
plenary guardian of the person of Elizabeth M. Crowelle and Venitia L. Crowelle-Cobb is
appointed plenary guardian of the estate of Elizabeth M. Crowelle.
Within 12 months of the date of this decree and at least annually thereafter, the respective
guardian shall file with this Court a report that includes all information as required pursuant to 20
PA. Cons. Stat. Ann. 5521 (c).
Elizabeth M. Crowelle has twenty (20) days from the date of this decree to file exceptions.
Failure to file exceptions within that time will result in this decree becoming final. Elizabeth M.
Crowelle has been advised of her right to appeal and to petition to modify or terminate the
guardianship by copy of this decree and by Statement of Rights attached hereto.
BY THE COURT:
IN RE: ESTATE OF ELIZABETH M.
CROWELLE, AN ALLEGED
INCAPACITATED PERSON
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
· No. O.C. 2103-579
· ORPHAN'S COURT DIVISION
STATEMENT OF RIGHTS
AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED A
TOTALLY INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF
AND/OR MANAGE YOUR PERSONAL AND FINANCIAL AFFAIRS. YOU HAVE THE
RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TWENTY
(20) DAYS OF THE DATE OF THE COURT'S ORDER. IF YOU FAIL TO FILE
EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT THAT YOU
FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN
APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE
OF THE DENIAL OF THE EXCEPTIONS.
IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO
MODIFY OR TO TERMINATE THE PLENARY GUARDIANSHIP IF THERE IS A
SIGNIFICANT CHANGE IN YOUR CAPACITY OR IF YOUR PLENARY GUARDIAN
FAILS TO PERFORM HER DUTIES IN ACCORDANCE WITH THE COURT'S
ORDER.
IF YOU WISH TO FILE EXCEPTIONS TO OR FURTHER APPEAL THE ORDER
OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE PLENARY
GUARDIANSHIP, YOU MAY BE REPRESENTED BY AN ATTORNEY. IFYOU DO
NOT HAVE AN ATTORNEY, YOU MAY REQUEST THAT THE COURT APPOINT
ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE
SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT WILL BE
PROVIDED AT NO COST TO YOU.
IN RE: ESTATE OF ELIZABETH M.
CROWELLE, AN ALLEGED
INCAPACITATED PERSON
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
· No. O.C. 2103-579
· ORPHAN'S COURT DIVISION
AFFIDAVIT TO EXCUSE ALLEGED INCAPACITATED
PERSON FROM COURT HEARING
I, , am a licensed physician (or psychologist). I have
been licensed in the Commonwealth of Pennsylvania since . I do
hereby swear or affirm that within a reasonable degree of medical certainty I believe that the
alleged incapacitated person referred to within, Elizabeth M. Crowelle, should not attend the
Court heating in the Cumberland County Courthouse because in my professional opinion her
physical and mental condition would be harmed by the transportation to the Courtroom and by
her attendance at the Court heating.
I have based my opinion on a personal examination and or examination of medical records. My
diagnosis is as follows:
My prognosis is as
follows:
Signature of Physician
IN RE: ESTATE OF ELIZABETH M.
CROWELLE, AN ALLEGED
INCAPACITATED PERSON
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
· No. O.C. 2103-579
'ORPHAN'S COURT DIVISION
AFFIDAVIT OF CONSENT
1 I, Venitia L. Crowelle-Cobb, hereby consent to act as the plenary guardian of the estate and
person of my mother Elizabeth M. Crowelle.
2 I reside at 1950 Bellvue Road, Harrisburg, Pennsylvania 17104.
3 I am a citizen of the United States of America and can speak, read, and write the English
language.
4 1 have no interest adverse to Elizabeth M. Crowelle, the alleged incapacitated person.
Date:
Respectfully submitted,
Venitia L. Crowelle-Cobb
VERIFICATION
I, Venitia L. Crowelle-Cobb, Petitioner, verify that the foregoing Petition For Adjudication
And Appointment Of Plenary Guardian Of The Estate And Person is true and correct to the best
of my knowledge, information, and belief. I understand that false statements made herein are
made subject to the penalties of 18 PA.C.S. 4904 relating to unsworn falsification to authorities.
Date:
Venitia L. Crowelle-Cobb
IN RE: ELIZABETH M. CROWELLE, AN
ALLEGED INCAPACITATED PERSON
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
:
: NO. 21-2003-0579
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 Venitia L.
Cobb 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 September 5 ,2003, at 2:30 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.
· , .
Clerk, Orphans Court Division
Cumberland County, Carlisle, PA
My Commission Expires 1st Monday, L.~\ .~1
January, 2006
IN RE: ESTATE OF ELIZABETH M.
CROWELLE, AN ALLEGED
INCAPACITATED PERSON
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
· No. O.C. 2103-579
· ORPHAN'S COURT DIVISION
NOTICE TO THE COURT
TO THE HONORABLE KEVIN HESS, JUDGE OF THE SAID COURT:
The undersigned, Stanley H. Mitchell, Esquire, respectfully represents the following:
1 Counsel has not been retained by or on behalf of the alleged incapacitated person Elizabeth M.
Crowelle.
2 It is submitted that counsel shall not be required to represent the interests of the alleged
incapacitated person in that both her surviving issue, Petitioner Venitia L. Cobb, daughter of the
alleged incapacitated person, and Francino A. Crowelle, Jr., son of the alleged incapacitated
person, are in accord that the best interest of the alleged incapacitated person center on
Petitioner's appointment as Guardian.
3 The alleged incapacitated person is unable to communicate, is not ambulatory, and is in the
throes of terminal illnesses, Alzheimer's Disease, Dementia, Schizophrenia and Epilepsy as
determined by the sworn statement of Ernest M. Josei, MD, set forth in his Affidavit To Excuse
Alleged Incapacitated Person From Court Hearing.
3 The alleged incapacitated person receives social security proceeds, which are in turn directed
to the nursing home, and has no substantial assets which could be threatened.
Stanley H. Mitchell, Esquire
P.O. Box 425
Harrisburg, Pennsylvania 17108
PA. Atty. I.D. No. 32093
(717) 233-3339
Attorney for Petitioner
Date: August 29, 2003
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN
WITHIN 'IWENTY (20) DAYS AFTER SERVICE OR A
I~.FAULT JU(~EMENT SHALL BE ENTERED AGAINST YOU
Counsellor at Law
P.o. Box 425
Harrisburg, PA 17~108
717-233-3339
I HEREBY CERT',FY THAT'I14~S
A TRUE N4D C, ORRECT COPY OF
THE ORIGINAL
IN RE: PETITION OF VENITIA L.
CROWELLE-COBB
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
· No. o.c. 97)'
· ORPHAN'S COURT DIVISION
AFFIDAVIT TO EXCUSE ALLEGED INCAPACITATED
PERSON FROM COURT HEARING
1, L/~',~,:,7 '~/. ~._/c~c/, ~c) , am a licensed physician (or psychologist). I have
been licensed in the Commonwealth of Pennsylvania since /~ 5~. . I do
hereby swear or affirm that within a reasonable degree of medical certainty I believe that the
alleged incapacitated person referred to within, Elizabeth M. Crowelle, should not attend the
Court hearing in the Cumberland County Courthouse because in my professional opinion her
physical and mental condition would be harmed by the transportation to the Courtroom and by
her attendance at the Court heating.
I have based my opinion on a personal examination and or examinatibn of medical records. My
diagnosis is as follows:
My prognosis is as
Si~...~h~ysician
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WffHIN
WITHIN TWENTY (20) DAYS AFTER SERVICE OR A
DEFAULT JUDGEMENT SHN.L BE ENTERED AGAINST YOU
tantel JenrNa litrl et[
Counsellor at Law
P.O. Box 425
Harrisburg, PA 17108
717-233-3339
I HEREBY CERTIFY THAT
A TRUE AND CORRECT CC
THE ORIGINAL
IN RE: ESTATE OF ELIZABETH M.
CROWELLE, AN ALLEGED
INCAPACITATED PERSON
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
· No. O.C. 2103-579
· ORPHAN'S COURT DIVISION
AFFIDAVIT OF SERVICE
TO THE HONORABLE KEVIN HESS, JUDGE OF THE SAID COURT:
Your Petitioner, Venitia L. Cobb, proposed guardian of the alleged incapacitated person,
Elizabeth M. Crowelle, respectfully represents that:
1 The contents and terms of the Citation with Notice and Petition was read and explained, to the
maximum extent possible under the circumstances in language and terms the alleged
incapacitated Elizabeth M. Crowelle was most likely to understand, on August 20, 2003 at The
Claremont Nursing Home and Rehabilitation Center, 1000 Claremont Road, Carlisle,
Pennsylvania 17013 by the undersigned.
2 A copy of the within Citation with Notice and Petition is attached hereto.
Respectfully submitted,
Stanley~. Mitchell, Esquire
P.O. Box 425
Harrisburg, Pennsylvania 17108
PA. Atty. I.D. No. 32093
(717) 233-3339
Attorney for Petitioner
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN
WITHIN TWENTY (20) DAYS AFTER SERVICE OR A
DEFAULT JUDGEMENT SHAM. BE ENTERED AGAINST YOU
Counsellor at Law
~-- .... P.O. Box 425
Harrisburg, PA 17108
717-233-3339
I HEREBY CF. Rq'IFY THAT TH
A TRUE AND CORRECT COP
THE ORIGINAl.
IN RE: ESTATE OF ELIZABETH M.
CROWELLE, AN ALLEGED
INCAPACITATED PERSON
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
· No. O.C. 2103-579
· ORPHAN'S COURT DIVISION
ATTORNEY AFFIDAVIT
TO THE HONORABLE KEVIN HESS, JUDG~E OF THE SAID COURT:
The undersigned, Stanley H. Mitchell, Esquire, respectfully represents the following:
1 A copy of the petition associated with the above captioned matter was provided to Venitia L.
Cobb, Petitioner herein, daughter of the alleged incapacitated person, and to Francino A.
Crowelle, Jr, son of the alleged incapacitated person, on July 28, 2003, by personal service.
2 A copy of the petition and associated documents were served upon The Claremont Nursing
Home and Rehabilitation Center on August 1, 2003.
3 A copy of the Citation with Notice and Petition was read and explained to the extent possible
to Elizabeth M. Crowelle, the alleged incapacitated person, on August 20, 2003.
Respectfully submitted,
Stanley H. Mitchell, Esquire
P.O. Box 425
Harrisburg, Pennsylvania 17108
PA..Atty. I.D. No. 32093
(717) 233-3339
Attorney for Petitioner
YOU AR~ HEREBY NOTIFIED TO PLEAD TO THE WITHIN
WITHIN 'I~d, ITY (20) DAYS AFTER 8ER91CE OR A
DEFAULT JUOGEMEHT 8HN..L BE ENTERED AGAINST YOU
Counsellor at Law
P.O. Box 425
Harrisburg, PA 17108
717-233-3339
I HEREBY CERT~cY THAT THIS I
ATRUE AND CORRECT COPY (~
THE ORIGINN.
IN RE: PETITION OF VENITIA L.
CROWELLE-COBB
· IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY PENNSYLVANIA
'No.O.C. 7-lC.5 '-5'7~/
· ORPHAN'S COURT DIVISION
AFFIDAVIT TO EXCUSE ALLEGED INCAPACITATED
PERSON FROM COURT HEARING
I, d:/~-~': ~. ~/~5c/-/ No , am a licensed physician (or psychologist). I have
been licensed in the Commonwealth of Pennsylvania since /~ ~o- . I do
hereby swear or affirm that within a reasonable degree of medical certainty I believe that the
alleged incapacitated person referred to within, Elizabeth M. Crowelle, should not attend the
Court hearing in the Cumberland County Courthouse because in my professional opinion her
physical and mental condition would be harmed by the transportation to the Courtroom and by
her attendance at the Court hearing.
I have based my opinion on a personal examination and or examination of medical records. My
diagnosis is as follows:
My prognosis is as
follows: ~ ~,, ~,.4 c