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PETITION OF:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS COURT DIVISION
: NO: J I - 0 fJ - OO() ~
: IN INCAPACITY
IN RE: BENJAMIN LONG FREET
FRANCES E. FREET
PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF
A PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE
WITH 20 PA. CONS. STATS. SECTION 5511
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
AND NOW, this J.L day of ~"v.s.rf ' 2005, comes the Petitioner, FRANCES
E. FREET, by and through her attorneys, Andrews & Johnson and Taylor P. Andrews, Esq., and files this
Petition pursuant to 20 Pa. C.S.A. Section 5511 and Rule 14.2 of the Rules of Orphans Court of the
Commonwealth of Pennsylvania and in support thereof respectfully represents that:
I. Petitioner Frances E. Freet is the mother of Benjamin Long Freet (the alleged
incapacitated person) and she resides at 15 Appalachian Drive, Carlisle, Cumberland County, P A 17013.
2. The alleged incapacitated person is Benjamin Long Freet who is currently admitted to the
Carlisle Regional Medical Center. He is 51 years of age having been born on May 24, 1953. He is
single and has no children. He is not a patient in a mental hospital nor is he a resident of either a state-
owned hospital or a United States Veteran's Hospital.
3. Benjamin Long Freet has resided at 514 School Ave., Carlisle, PA 170\3 since
approximately 1990. 514 School Ave., Carlisle, PA 17013 is his mailing address when he is,.not in the
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4. His next of kin are as follows:
a. Frances E. Freet, mother and Petitioner
b. Margaret E. Freet Atkins, of 308 Grandview Ave., Morgantown, WV 26501,
sister
c. John F. Freet, Jr., of2268 Sutton Rd., York, PA 17403, brother.
5. He is not currently in residential care of any institution providing residential services
except that he is currently and temporarily admitted to the Carlisle Regional Medical Center. He
currently receives case management services from Northwestern Human Services, The Stevens Center,
and Ray Dell is his case manager.
6. Petitioner Frances E. Freet proposes that she be appointed Plenary Guardian of the Person
and of the Estate of Benjamin Long Freet. Petitioner has no interest adverse to Benjamin Long Freet.
7. Benjamin Long Freet's approximate annual income is ten thousand ($10,000) dollars
consisting exclusively of Social Security Disability payments of $891 per month.
8. Benjamin Long Freet was not a member ofthe armed services of the United States and is
not receiving benefits from the United States Veterans Administration.
9. The estimated value of Benjamin Long Freet's gross estate at this point in time is three
thousand ($3,000) dollars consisting of his household furnishings, some collectable arrowheads, fossils,
and rocks, and $1,000 in cash now being held by Petitioner for him.
10. The alleged incapacitated person has suffered from schizophrenia for more than 25 years.
He now also suffers from Cirrhosis, and Hepatic Encephalopathy related to the Cirrhosis. Due to his
mental illness Benjamin Long Freet is now very delusional, irrational, paranoid, with disorganized
thoughts and impaired cognition. His condition is degenerative and is not episodic. Because of his
mental and physical condition, the alleged incapacitated person is totally unable to manage his financial
affairs, and to make and communicate responsible decisions relating thereto, including the ability to
communicate his need for assistance in these areas.
II. Because of his impaired mental and physical condition, the alleged incapacitated person
lacks the capacity to make or communicate responsible decisions concerning his person, including but
not limited to making his own living arrangements or seeking needed medical services.
12. Planning must now occur for the treatment of Benjamin Long Freet upon his discharge
from the Carlisle Regional Medical Center. A power of attorney cannot be utilized in place of this
determination of capacity because Benjamin Long Freet is without sufficient capacity to execute a power
of attorney. Furthermore, his erratic and irrational thinking and behavior may create conflict with an
attorney-in-fact empowered by a power of attorney.
13. Petitioner believes that Benjamin Long Freet has not executed a power of attorney or
advanced health care directive or in any other way designated anyone to serve as his agent over any of
his personal or financial affairs or as his surrogate over his medical care, and he has not designated in
writing his wishes with regard to health care, including the use or refusal of life-sustaining treatment.
14. The consent of the proposed plenary guardian is attached as Exhibit A.
15. No other court has ever assumed jurisdiction in any proceeding to determine the capacity
of the alleged incapacitated person and no other guardian has ever been appointed for the estate or person
of the alleged incapacitated person.
WHEREFORE, Petitioner respectfully. reques1Jthat this Court award a Citation directed to
Benjamin Long Freet, the alleged incapacitated person, all next of kin, the Northwestern Human
Services, The Stevens Center, and to the Carlisle Regional Medical Center, and to such other persons or
institutions as this Court may direct to show cause why Benjamin Long Freet should not be adjudged a
fully incapacitated person and Frances E. Freet appointed plenary guardian of his person and his estate.
Respectfully submitted,
By:
Taylor P. Andrews, Esq.
78 West Pomfret Street
Carlisle, P A 17013
(717) 243-0123
Supreme Court ID No. 15641
1 verify that the statements made in the foregoing fJJ2 +. +, () "1 are true and correct. I
understand that false statements herein are made subject to the penalties of Pa. C.S. S 4904, relating to
unsworn falsification to authorities.
DATE:
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Frances E. Freet
EXHIBIT A
CONSENT OF GUARDIAN OF THE ESTATE AND PERSON
I, FRANCES E. FREET, hereby consent to act as a guardian of the estate and person of Benjamin
Long Freet.
I reside at 15 Appalachian Dr., Carlisle, PA, and I am lT~ years old and the mother of
Benjamin Long Freet.
I am a citizen of the United States of America and can speak, read and write the English
language.
I am not the fiduciary or an officer or employee of the corporate fiduciary of an estate in which
the alleged incapacitated person has an interest, nor the surety of an officer or an employee of the
corporate surety of such a fiduciary and that I have no interest adverse to Benjamin Long Freet, the
alleged incapacitated person.
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Frances E. Freet