HomeMy WebLinkAbout11-05-14 IN RE: RICHARD J. SCOTT . IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
an alleged incapacitated . ORPHANS COURT DIVISION
person ,
. 21-14 - I���
On the Petition of Debra L. Peebles
PETITION FOR APPOINTMENT OF A PLENARY GUARDIAN OF THE PERSON AND
ESTATE OF AN ALLEGED INCAPACITATED PERSON
TO: THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, Petitioner, Debra L. Peebles, by and through her
attorney, Andrew C. Sheely, Esquire and files the within
Petition for the Appointment of a Plenary Guardian of the Person
and Estate of an Alleged Incapacitated Person, and in support
hereof, avers as follows:
1 . RICHARD J. SCOTT, the alleged incapacitated person,
currently resides at 1000 Claremont Road, Room 26, Carlisle, ,-��, _.
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Cumberland Count Penns lvania. He is 83 � � � '�''
y, y years old, �i� dat�- ,,,� �
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of birth is July 26, 1931 , �=� _"'
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2 . RICHARD J. SCOTT is married to FAY S. SCOTT, of: 204 �:-� '_ .;
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Hogestown Road, Mechanicsbur.g, Cumberland County, Penns:ylvani�, ;=^ �,.�
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17050 . She is 80 years old, her date of birth is August 23,� �`'
1934 .
3 . RICHARD J. SCOTT, the alleged incapacitated person, i.s a
patient in the Claremont rdursing and Reh�b�_lit�tion Center,
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Carlisle, Pennsylvania, 17013 due to various medical problems,
including but not limited to mobility and memory impairment.
4 . The Petitioner is Debra L. Peebles of 260 North Locust
Point Road, Mechanicsburg, Cumberland County, Pennsylvania,
17050, is the daughter of RICHARD J. SCOTT. RICHARD J. SCOTT and
FAY S. SCOTT have three adult childrsn, JOHN R. SCOTT, DEBRA L.
PEEBLES, Petitioner herein, and MICHAEL A. SCOTT.
5 . The names and addresses of those persons who would be
the intestate heirs (or next of kin) of RICHARD J. SCOTT are as
follows:
Primary:
Fay S. Scott (spouse)
204 Hogestown Road
Mechanicsburg, PA 17050
Consent attached hereto as Exhibit "A"
Secondary:
John R. Scott (son)
2001 Waggoners Gap Road
Carlisle, PA 17013
Consent attacheci hereta as E�hibit "B"
Debra L. Peebles (daughter)
260 North Locust Point Road
Mechanicsburg, PA X7050
Michael A. Scott (son)
204 Hogestown Road
Mechanicsburg, PA 17050
6. The name and addresses of his attending physician and
healthcare providers are as follows:
Ernest Josef, MD
Claremont Nursing and Rehabilitation Center
Carlisle, PA 17013
See Exhibit "C"
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7 . RICHARD J. SCOTT, the alleged incapacitated person, is
not a member of the Armed Services of the United States and is
not receiving benefits from the United States Veterans
Administration.
8. The Petitioner, daughter of RICHARD J. SCOTT, asks that
she, Debra L. Peebles, be appointed as the Plenary Guardian of
the person and estate of RICHARB J. SCOTT.
9 . The Petitioner has no interests adverse to the interest
of RICHARD J. SCOTT.
10. Petitioner believes, and therefore avers, that no Court
has ever assumed jurisdiction in a proceeding to determine
whether RICHARD J. SCOTT is incapacitated.
11. Petitioner believes, and therefore avers, that RICHARD
J. SCOTT has not previously had a guardian appointed, nor is a
guardianship hearing pending in any other jurisdiction.
12 . The reasons why this plenary guardianship of the
person and estate are being sought are as follows: RICHARD J.
SCOTT, the alleged incapacitated person, suffers from CVA,
impaired mobility, short term memory impairment and self-care
deficit related to dementia which render him unable and
incapable of caring for his person and his estate. See Exhibit
„�„ .
13 . The functional limitations and physical mental
condition of RICHARD J. SCOTT are: RICHARD J. SCOTT is not able
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to make competent decisions as far as his health, his safety and
his welfare are concerned.
14. The following steps have been taken in order to find
less restrictive alternatives to the appointment of a guardian:
The alleged incapacitated person, RICHARD J. SCOTT, is not
competent to execute a power of attorney document and his health
conditions do not permit less restrictive alternatives to
a�iequately provide for his physic�l care as he is unable to live
in his former residence.
15 . The Petitioner request that the plenary guardian of
RIRCHARD J. SCOTT' s person and estate be granted powers to act
for RICHARD J. SCOTT in the following specific areas: all
medical and health care affairs, including but not limited to
c�re and placement decisions, access to all medical and
financial records and power to make all decisions regarding
medical treatment and li.fe support, payment of all bills and
expenses, management of resources, asset� and incomes and other
relief necessary for his personal and financial care.
16 . The proposed guardian has the following
qualifications: The proposed guardian is the daughter of
RICHARD J. SCOTT and she is familiar with his personal needs,
his financial capabilities and his fin�ncial interests. Fay
Scott, spouse of RICHARn J. SCOTT, and Jnhn A. Scott, son of
RICHARD J. SCOTT, consent to the appointment of Petitioner as
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indicated by their consents attached hereto as Exhibit "A" and
"B", respectively.
17 . The estimated, present gross value of the Estate of
RICHARD J. SCOTT is approximately One Hundred Forty-One Thousand
Dollars ($141, 000. 00 ) .
18 . RICHARD J. SCOTT and FAY S. SCOTT, his wife, jointly
own a residential home in Silver Spring Township with an
estimated value of $125, OOQ. 00 .
19 . RICHARD J. SCOTT' S monthly net income from all sources
total approximately Five Hundred Forty Dollars ($540 . 00 ) from
Social Security.
20 . The resources available to RICHARD J. SCOTT are
immediately necessary for his continued care and treatment at
Claremont Nursing and Rehabilitation Center as RICHARD J. SCOTT
is unable to pay for his monthly care in the amount of $9, 145. 00
due to his present and long-term conditions.
WHEREFORE, Petitioner, Debra L. Peebles, respectfully
requests that the Court, under Section 5511 of the Probate,
Estates and Fiduciary Code, issue a citation to RICHARD J.
SCOTT, RICHARD J. SCOTT' S next of kin and to such other persons
as the Court directs, to show cause why RICHARD J. SCOTT should
not be adjudged to be an incapacitated person and why Debra L.
Peebles should not be appointed as plenary guardian of his
person and estate.
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Respectfully submitted,
,
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Date: actober � , 2014 %'' '
Andrew C. Sheely, Esqui e
Attorney for the Petitioner
PA ID No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
717-597-7065 (fax)
andrewc.sheely@verizon.net
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VERYFICATION
I verify that the statements made in this Petition are true
and correct. I understand that unsworn statements herein are
made subject to the penalties of 18 Pa. C.S.A. Section 4904,
re�ating to unsworn falsification to authorities.
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{( / ,' � �'
DATE: October .3 � , 2 014
Il\.�.t-��Z,��- C`:� � E'_('�'�-�'tZ...-/
Debra L. Peebles
ExxIBIT ..,�"
IN RE: RICHARD J. SCOTT . IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSY�VANIA
an alleged incapacitated . CIVIL ACTION - LAW
person .
. 14 -
CONSENT TO APPOINTMENT OF GUARDIAN
1. I, FAY S. SCOTT, spouse of the alleged incapacitated
person hereby consent to the appointment of DEBRA L. PEEBLES as
proposed guardian of the person and estate of RICHARD J. SCOTT.
2 . I acknowledge that the praposed guardian speaks, reads
and writes the English language.
3. I acknowledge that the proposed guardian does not have
an interest adverse to the alleged incapacitated person.
4 . I acknowledge that 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.
Respectfully submitted,
Bate: October �'j , 2 014 ,v.r -----`-� , , .�;'--- -----
.�
Fay;S. Scott
EXHIBIT "B"
IN RE: RICHARD J. SCOTT . IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
an alleged incapacitated . CIVIL ACTION - LAW
person .
s 14 -
CONSENT TO_APPOINTMENT _OF GUARDIAN
1. I, JOHN R. SCOTT, son of the alleged incapaci�ated
person hereby consent to the appointment of DEBRA L. PEEBLES as
proposed guardian of the person and estate of RICHARD J. SCOTT.
2 . I acknowledge that the proposed guardian speaks, reads
and writes the English language.
3 . I acknowledge that the proposed guardian does not have
an interest adverse to the alleged incapacitated person.
4. I acknowledge that 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 empioyee of a
corporate surety of such fiduciary.
Respectfully submitted,
Date: October 31 , 2014
Joh R. Scott
ExxlBlr ��c��
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CLAREMONT
Nursing&Rehabilitation Center
1000 Claremont Road . Carlisle . PA 17013-8805 . Main: 717.243.2031 . Fax: 717.240.1952 . www.ccpa.net/cnrc
October 8, 2014
Re: Richard Scott
Ad m itted S/18/14
DOB 7/29/1931
To Whom it May Concern:
The above resident, Richard Scott, was admitted to Claremont Nursing and
Rehabilitation Center and is under my care and supervision. His current medical
conditions include recent CVA, impaired mobility, short term memory
impairment, and selfcare deficit related to Dementia. Because of these ongoing
diagnoses, he is incapable of making financial or medical decisions.
Should you have any questions or concerns, please do not hesitate to contact our
facility at 717.240.1901.
Sincerely,
�
Ernest Jose� MD
License#MD042694L
Attending Physician
A service agency of Cumberland County �