HomeMy WebLinkAbout11-08-13 RHOADS & SINON LLP RECORDED OFFICE OF
By: Scott Alan Mitchell ��yL{_S
Attorney ID No. 76124 RE'.ISYER OF
One South Market Square, 12`"Floor 17
P.O. Box 1146 iii IM
Harrisburg, PA 17108-1146
Phone: (717)231-6602 CLERK 0
Facsimile: (717) 238-8623 ORPHANS' COURT
E-mail: smitchell @rhoads-sinon.com
CUMBERW0 CO.. PA
IN RE: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PATRICK J. MOLLE ORPHANS' COURT DIVISION
An Alleged Incapacitated Person No. 21-13- 11S9
PETITION FOR APPOINTMENT OF EMERGENCY
AND FULL PLENARY GUARDIAN OF THE ESTATE
OF PATRICK J. MOLLE
The Petition of Mary Adams, by her attorney, Scott Alan Mitchell, Esquire, of Rhoads
& Sinon LLP, respectfully represents:
1. Petitioner is Mary Adams ("Petitioner'), an adult individual residing at 901 Hillside
Drive, Carlisle, Pennsylvania 17013, who is the mother of Patrick J. Molle and interested in
his welfare.
2. The alleged incapacitated person is Patrick J. Molle ("Patrick"), who is an adult
individual and the son of Petitioner. Patrick resides at 18 Watson Drive, Carlisle,
Pennsylvania 17015.
3. Patrick is 32 years of age, having been born on February 28, 1981.
4. Patrick has a history of ongoing and severe drug abuse and drug addiction,
which began when Patrick was in 7`" grade.
5. In addition to Patrick's history of drug abuse and addiction, he previously was
diagnosed with Oppositional Defiant Disorder in 1988 and ADHD in 1992.
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6. Asa result of behavioral issues while Patrick was a middle school student (and
approximately 13 years of age) at Phelps Academy, Malvern, PA, Patrick subsequently was
admitted to in-patient treatment at Philhaven in 1994.
7. Upon completing his treatment, Phelps was unwilling to accept Patrick back to
their academy, and so Patrick enrolled at Carlisle High School where he received an
individualized education plan (IEP).
8. Following a drug overdose while a student at Carlisle High School in 1997,
Patrick was then admitted in-patient to a closed psychiatric unit at Carlisle Hospital.
9. Since the onset of Patrick's drug abuse and addiction, he has received ongoing
treatment at various facilities, including Hidden Lake Academy, Dahlonega, Georgia; Ascent
Behavioral Health Services, Meridian, Idaho; Roxbury Treatment Center, Shippensburg,
Pennsylvania; Caron Foundation, Wernersville, Pennsylvania; and Caron Renaissance,
Boca Raton, Florida.
10. Also since the onset of Patrick's drug abuse and addiction, he was charged with
DUI in 2000, eventually resulting in a license suspension during which Patrick continued to
drive, thus resulting in further suspensions and eventual incarceration in 2003.
11 After being released from prison, a condition of Patrick's probation was that he
receive outpatient drug/alcohol counseling. Although Patrick completed that program, he
eventually failed a drug test while on probation, resulting in possible additional
incarceration.
12 To avoid additional incarceration, Patrick agreed to receive treatment at
Roxbury in or around June 2004.
13. After receiving a large mandatory distribution from a trust (discussed below),
Patrick quickly squandered the distribution and increased his drug use and addiction,
resulting in his hospitalization at Pinnacle Health in the summer of 2005.
14. After receiving another mandatory trust distribution in February 2006, Patrick
again maintained his level of drug abuse and addiction, resulting in an additional
hospitalization in the Spring of 2006 and eventual admission to Caron Foundation in
Wernersville, after which Patrick checked himself out of the program after just 3 weeks (in
or around July 2006).
15. After checking himself out of Caron, Patrick then met a local doctor who
regularly wrote Patrick prescriptions for opiates, which increased Patrick's drug abuse and
addiction. At that time, Petitioner was going to pursue an involuntary commitment for
Patrick, but a day beforehand, Patrick requested to return to Caron, which occurred in
January 2008.
16. Patrick's most recent admission was to Caron Renaissance, a long-term
treatment program, during which Patrick received a case manager, Salima Patel, PhD
(ABD), 3860 N.E. 170"' Street, Apt. 203, North Miami Beach, Florida 33160, who has
continued to provide care, treatment, and counseling to Patrick to the present time.
17. Within the past twelve (12) months, Patrick's drug abuse and addiction has
relapsed and increased to the point that Petitioner has observed that Patrick no longer is
able to manage his financial resources or physical health and safety and is evidencing signs
of ongoing drug abuse throughout each day.
18. Since the most recent relapse, Patrick has attempted various outpatient
programs. However, such programs have been unsuccessful, and Patrick has had
recurring relapses after each unsuccessful outpatient program. As a result of the foregoing,
Ms. Patel has recommended an intensive in-patient treatment program to Patrick, but
Patrick has refused to enter such program.
19. As a result of Patrick's refusal to enter the in-patient program and Petitioner's
observation of Patrick's ongoing drug addiction and declining health, Ms. Patel traveled to
Pennsylvania to engage in an intervention with Petitioner, Patrick, Patrick's personal
attorney, and other family members on the morning of Wednesday, November 6, 2013.
20. At the aforementioned intervention, Patrick refused to enter an in-patient
program or to acknowledge his relapse, and he left the intervention, which has prompted
the filing of this Petition.
21. Because of Patrick's mental and physical condition, it is believed and therefore
averred by Petitioner that Patrick is an incapacitated person within the meaning of Chapter
55, Subchapter A, Section 5501 of the Probate, Estates and Fiduciaries Code, in that his
ability to receive and evaluate information effectively and communicate decisions in any
way is impaired to such a significant extent that he is partially or totally unable to manage
his financial resources or to meet essential requirements for his physical health and safety.
22. Patrick's current assets consist of (1) his house at 18 Watson Drive, which
Petition estimates to be worth $200,000; (2) miscellaneous household furnishings and
personal property; and (3) approximately $1.5 million in a trust account established for
Patrick by his grandfather and in which Susquehanna Trust & Investment Company is
trustee.
23. Patrick is unemployed, and his sole income is from the aforementioned trust
fund.
24. Patrick has the following next of kin:
a. 4-year old son, Shane, who currently resides with his (Shane's)
mother;
b. Brother, Gregory Molle;
C. Half-brother, Jon Adams, who has irregular and sporadic contact with
Patrick;
d. Half-brother, Jeff Adams, who has irregular and sporadic contact with
Patrick;
e. Mother, Mary Adams (the Petitioner); and
f. Father, Patrick G. Molle, who resides at an unknown address in
Florida and has irregular and sporadic contact with Patrick.
25. Patrick has never been a member of the armed services of the United States
and is not receiving any benefits from the United States Veteran Administration or its
successor.
26. Patrick has previously executed a General Durable Power of Attorney and
Advanced Healthcare Directive/Health Care Power of Attorney.
27. Due to the condition set forth above, Patrick, is totally unable to manage or
even appreciate the significance of his financial affairs, property and business and to make
and communicate any decisions relating thereto, including the ability to communicate his
need for assistance in these areas.
28. Due to the severity of the diagnosed condition set forth above, the assistance of
other persons or services would not enable Patrick to participate in the making of any
decisions concerning his estate.
29. The severity of the diagnosed condition of Patrick requires that a plenary
guardian be appointed to manage the estate of Patrick. Said guardian should be appointed
to manage and handle all aspects of his estate, specifically including, but not limited to: all
issues relating to his cash, checks in any bank or savings account held in his name, his
stocks and bonds, his personal property, his real estate, his life and other insurance of
which he is an owner or a beneficiary; his entitlement to any government or non-
government benefit plans, federal, state and local taxes, trust accounts of which he is a
beneficiary, claims made or to be made on his behalf or against him, the execution of
documents, the entry into contracts affecting his and the payment of reasonable
compensation or costs to provide services to him.
30. Less restrictive alternatives, other than the appointment of a plenary guardian
of his estate, have been considered but determined not to be viable alternatives. Petitioners
therefore believe that the best interests of Patrick and his estate are not being provided for
at this time and will not be provided for absent the appointment of a guardian of his estate.
31. The proposed guardian of the estate is Susquehanna Trust & Investment
Company, Lancaster, Pennsylvania, a Pennsylvania financial institution and corporate
fiduciary.
32. The proposed guardian is qualified pursuant to 20 Pa.C.S.A. §5511(f), and the
proposed guardian does not have any adverse interest to Patrick.
33. The aforementioned proposed guardian agrees and consents to its appointment
as guardian of the estate of Patrick, and its Consent to serve as guardian of the estate is
attached hereto as Exhibit "A" and incorporated herein by reference.
34. No other Court has ever assumed jurisdiction in any proceeding to determine
the capacity of Patrick nor has a guardian already been appointed for him.
35. The Petitioner seeks both a full guardianship under 20 Pa.C.S.A. § 5511 and,
for the reasons set forth above and below, an emergency guardianship under 20 Pa.C.S.A.
§ 5513, to remain in effect until a full guardianship can be ordered by the Court.
36. As noted above, Patrick has had a marked and ongoing relapse over the past
twelve (12) months, and he displays virtually incessant drug use. Nonetheless, Patrick has
continued to operate his car while under the influence of drugs over the past twelve (12)
months.
37. As a result of Patrick's history of overdoses, and in light of Patrick's current
relapse, Patrick simply is unable to control his own drug use, and Petitioner believes that
Patrick is in imminent risk of another drug overdose and even death if an emergency
guardian is not appointed.
38. Additionally, Patrick recently has received over$100,000 as a repayment of a
loan he previously made to his brother, and, in light of Patrick's increased drug use,
Petitioner believes that Patrick's estate will suffer irreparable harm if an emergency
guardian is not appointed.
39. 20 Pa.C.S.A. § 5513 authorizes this Court to appoint an emergency guardian of
an estate when it appears that the person lacks capacity, is in need of a guardian, and a
failure to make such appointment will result in irreparable harm to the person or estate of
the alleged incapacitated person.
40. Petitioner avers that in addition to the above facts, and in addition to further
testimony that will be presented at the emergency and full hearing, Patrick's relapse into a
drug abuse/addiction binge, and his caseworker's recommendation for immediate in-patient
treatment, necessarily demonstrates the need for an emergency guardianship.
WHEREFORE, the Petitioner, Mary Adams, prays that this Honorable Court issue a
Citation directed to Patrick J. Molle, the alleged incapacitated person, to show cause why
he should not be adjudged a totally incapacitated person and Susquehanna Trust &
Investment Company be appointed permanent plenary guardian of his estate, with notice by
personal service to the alleged incapacitated person.
Respectfully submitted,
RHOADS & SINON LLP
Dated: t ( y:
Sco -
Atty. I.D. #76124
One S. Market Square, 12th Floor
P.O. Box 1146
Harrisburg, PA 17108-1146
(717) 233-5731
Attorneys for Petitioner
IN RE: IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
PATRICK J. MOLLE ORPHANS' COURT DIVISION
An Alleged Incapacitated Person No. 21-13-
CONSENT OF PROPOSED PLENARY GUARDIAN
OF THE ESTATE OF PATRICK J. MOLLE
Susquehanna Trust & Investment Company, the proposed Guardian of the Estate of
Patrick J. Molle, the alleged incapacitated person, agrees to accept the appointment as
permanent Guardian of the Estate of Patrick J. Molle and avers that:
1. Susquehanna Trust & Investment Company is a Pennsylvania financial institution
and corporate fiduciary with an office address of 1570 Manheim Pike, P.O. Box
3300, Lancaster, PA 17604-3300.
2. Susquehanna Trust & Investment Company currently is the sole trustee under a
trust for the benefit of Patrick J. Molle.
3. Susquehanna Trust & Investment Company has no interest adverse to Patrick J.
Molle.
Susquehanna Trust & Inve ent Company
Date: D -7��0%� /�.. y/0
By/ Laura Wozniski, Vice P2esident �
VERIFICATION
I, Scott Alan Mitchell, Esquire, depose and state, subject to the penalties of 18
Pa.C.S.A. § 4904, relating to unsworn falsification to authorities, that I am the attorney for
Mary Adam, Petitioner in the foregoing document; am acquainted with the facts set forth in
the foregoing Petition; and verify that the statements made in the aforementioned document
are true and correct to the best of my knowledge, information and belief.
Ic � � � t3
Date Scott Alan Mitchell, Esquire