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HomeMy WebLinkAbout11-04-13 IN RE: DIANA L. FENTON PATE : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, : PENNSYLVANIA ORPHANS' COURT DIVISION An alleged incapacitated person : NO. 21-2013-1022 On the Petition of THOMAS P. PATE PROOF OF SERVICE OF CITATION 1, Linda J. Olsen, Esquire, attorney for Petitioner, hereby certify that service of a copy of the Citation and Petition, a copy of which is attached, was made on Diana L. Fenton Pate, by having a copy of it read to her, as well as hand delivering a copy to her on October 30, 2013 at 4:00 p.m. at her residence, 5034 Erbs Bridge Road, Mechanicsburg, Pennsylvania 17050. The Petition and Citation were read and explained to the alleged incapacitated person, to the maximum extent possible, in language and terms she was likely to understand. Respectfully Submitted, HAZEN ELDER LAW /o-0 /�,, a -i3 ��� AZI--1 Date By: Li Ada J. Olse , Esquire Attorney for Petitioner PA ID No. 92858 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 (717) 540-4332 U CJ G] CC o') _' LL U W '-? rn 1AJ C) U. 'v IN RE: DIANA L. FENTON PATE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA An Alleged Incapacitated Person ORPHANS' COURT DIVISION NO. 21-13-1022 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 THOMAS P. PATE, BY AND THROUGH HIS ATTORNEY LINDA J OLSON ESQUIRE is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. 6, Cumberland County Courthouse, Carlisle, Pennsylvania, on NOVEMBER 27TH 2013, at 3:00 PM. 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 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 or 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 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. Date:10/16/13 Clerk, Orphans' Court Division Cumberland County, Carlisle, PA My Commission Expires ls` Monday, January, 2014 IN RE: DIANA L. FENTON PATE : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. — 9j — 1()7_7 cn On the Petition of THOMAS P. PATE f l - jC: PETITION FOR APPOINTMENT OF GUARDIAN OF THE' PERSON AND ESTATE OF AN ALLEGED INCAPACITATEDPERSON TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT: NOW COMES,Petitioner,THOMAS P. PATE,of 5034 Erbs Bridge Road,Mechanicsburg, Pennsylvania 17050, by and through his attorney, Linda J. Olsen, Esquire, and files the within Petition for the Appointment of Guardian of the Person and Estate of an Alleged Incapacitated Person, and in support hereof, avers as follows: 1. DIANA L. FENTON PATE, the alleged incapacitated person, currently resides at 5034 Erbs Bridge Road, Mechanicsburg, Pennsylvania 17050. 2. DIANA L. FENTON PATE is fifty-nine (59) years old, her date of birth being November 5, 1953, 3. DIANA L. FENTON PATE has no children. 4. DIANA L. FENTON PATE is not a patient in a mental hospital. 5 The Petitioner is DIANA L.FENTON PATE's husband,THOMAS P.PATE,of 5034 Erbs Bridge Road, Mechanicsburg, Pennsylvania 17050. 6. The name and address of the person who would be the intestate heir(or next of kin)of DIANA L. FENTON PATE is her husband: THOMAS P. PATE (Petitioner/spouse), 5034 Erbs Bridge Road, Mechanicsburg, Pennsylvania 17050. 7. DIANA L. FENTON PATE and THOMAS P.PATE were married on September 22, 2001. 8. The name and address of the person or institution providing residential services to DIANA L. FENTON PATE are as follows: None. 9. The names and addresses of other service providers are as follows: Home Instead, 5002 Lenker Street, Suite 101, Mechanicsburg, Pennsylvania 17050 and Gentiva Home Health and Hospice, 4660 Trindle Road, Suite 204, Camp Hill, Pennsylvania 17011. 10. DIANA L. FENTON PATE's primary physician is: Dr. Charles L. Lowe, M.D., Silver Creek Family Health Center,310 Lambs Gap Road,Mechanicsburg,Pennsylvania,(717)591- 1425. 11. DIANA L. FENTON PATE was not a member of the Armed Services of the United States nor is she receiving benefits from the United States Veterans Administration. 12. The Petitioner asks that he, THOMAS P. PATE, be appointed as Guardian of the person and estate of DIANA L. FENTON PATE. The proposed guardian is the spouse of DIANA L. FENTON PATE, 13. The proposed guardian has no interests that are adverse to the interests of DIANA L. FENTON PATE. 14. Petitioner believes,and therefore avers,that no Court has ever assumed jurisdiction in a proceeding to determine whether DIANA L. FENTON PATE is incapacitated. 15. Petitioner believes, and therefore avers, that DIANA L. FENTON PATE has not previously had a guardian appointed,nor is a guardianship hearing pending in any other jurisdiction. 16. The reasons why this guardianship is being sought are as follows: DIANA L. FENTON PATE is unable to manage her financial affairs or to make decisions regarding health care/medical decisions, due to Frontal Temporal Dementia. 17. The functional limitations and physical and mental condition of DIANA L.FENTON PATE are: DIANA L. FENTON PATE is not able to manage her financial affairs,nor is she able to make competent decisions as far as her welfare is concerned. DIANA L. FENTON PATE is non- verbal,bed bound, non-ambulatory, incontinent, and requires around-the-clock care and assistance with all of her activities of daily living. 18. DIANA L. FENTON PATE's care is being paid for by the Petitioner. Petitioner needs to have access to DIANA L. FENTON PATE's solely owned assets so the funds can be utilized for care expenses which are approximately Fifty Thousand Dollars ($50,000.00) to Sixty Thousand Dollars ($60,000.00) annually. 19. The following steps have been taken,in order to find less restrictive alternative to the appointment of a guardian: DIANA L. FENTON PATE does not have the capacity to execute a power ofattomey. No less restrictive alternatives are available to adequately provide for the physical and financial care of DIANA L. FENTON PATE. 20. The Petitioner requests that the guardian be granted powers to act for DIANA L. FENTON PATE in the following specific areas: financial management,the ability to sell or transfer real estate,and medical and health care affairs including care and placement decisions,access to all medical records, including psychiatric records, and the power to make all decisions regarding medical treatment and Iife support. 21. Petitioner also requests that he,in his capacity as plenary Guardian of the Person and Estate of DIANA L. FENTON PATE, have the power and authority to serve as personal representative for DIANA L. FENTON PATE for all purposes of the Health Insurance Portability and Accountability Act of 1996,(Pub.L.104-191),45 CFR Sections 160 through 164,including but not limited to full authority to review her medical records and to execute releases of confidential information from medical providers and insurers or other third party payors. 22. The proposed guardian has the following qualifications: The proposed guardian is the spouse of DIANA L. FENTON PATE. The proposed guardian loves and cares for DIANA L. FENTON PATE. 23. DIANA L. FENTON PATE's assets total approximately Five Hundred Thirty-Eight Thousand Dollars($538,000.00)titled in her sole name and approximately Three Hundred Seventy- Six Thousand Dollars ($376,000.00) titled jointly with Petitioner/spouse, THOMAS P. PATE. 24. DIANA L.FENTON PATE's net income from a Federal Government pension totals approximately Two Thousand Six Hundred Seventy-Four Dollars($2674.00)per month. WHEREFORE, Petitioner respectfully requests that the Court,pursuant to Section 5511 of the Probate,Estates and Fiduciaries Code,issue a Citation to DIANA L.FENTON PATE,DIANA L. FENTON PATE's next of kin, and to such other persons as the Court directs, to show cause why DIANA L. FENTON PATE should not be adjudged to be an incapacitated person and a plenary guardian of her person and estate be appointed. Respectfully Submitted, HAZE E DER LAW Date By: in a J. Ols , Esquire PA ID No. 92858 2000 Linglestown Road Suite 202 Harrisburg, PA 17110 (717) 540-4332 lolsen@hazenelderlaw.com COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this, the fY day of oSf�O 7 2013, before me, the undersigned officer, personally appeared THOMAS P. PATE who,being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. THOMAS P. PATE SWORN to and subscribed before me this day of `tee 2013. a Pu lic COMMONWEALTH OF PENNSYLVANIA Nola aI Seal Linda J.Olsen,Notary Public Susquehanna Twp.,Dauphin County My Commission E)V es P 17,2016 IN RE: DIANA L. FENTON PATE : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. On the Petition of THOMAS P. PATE VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. § 4904, relating to unswom falsification to authorities. THOMAS P. PATE IN RE: DIANA L. FENTON PATE : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION An alleged incapacitated person : NO. On the Petition of THOMAS P. PATE CONSENT TO APPOINTMENT AS GUARDIAN I. The name of the proposed guardian of the person of DIANA L. FENTON PATE is THOMAS P. PATE. 2. The name of the proposed guardian of the estate of DIANA L. FENTON PATE is THOMAS P. PATE. 3. The proposed guardian speaks, reads and writes the English language. 4. The proposed guardian does not have an interest adverse to the alleged incapacitated person. 5. The proposed guardian is retired. 6. The proposed guardian is not a fiduciary, or officer or employee of a corporate fiduciary of an estate in which the alleged incapacitated person has an interest; and is not the surety, or officer or employee of a corporate surety of such fiduciary. Dated: Sit Zrl ; z ��� THOMAS P. PATE HAzEN EDER LAW Estate Planning • Elder Law • Special Needs Planning 2000 Linglestown Road TEL: (717)5404332 Suite 202 Fax: (717) 540-4313 Harrisburg,PA 17110 www.HazenElderLaw.com November 1, 2013 Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Diana L. Fenton Pate, an alleged incapacitated person File No. 21-2013-1022 To: The Register of Wills: Enclosed for filing please find the original and one copy of the Proof of Service of Citation. Please date-stamp the copy and return it to me in the enclosed envelope. Thank you for your time and assistance. Sincerely, w ' N x Ot- Tiffany J. Mutzabaugh Enclosures cc: Thomas P. Pate Lisa M. Coyne, Esq.