HomeMy WebLinkAbout11-25-14 IN RE: RICHARD J. SCOTT IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
an alleged incapacitated ORPHANS COURT DIVISION
person
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On the Petition of Debra L. Peebles
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PROOF OF SERVICE OF CITATION AND PETITION-' 2 - '
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I, ANDREW C. SHEELY, being duly sworn according to law,
depose and state that service of a copy of the Citation and
Petition, a copy of which is attached, was made on RICHARD J.
SCOTT, by reading a copy of it to him on November 24, 2014 at
2 : 15 p.m. at 1000 Claremont Road, Room 26, Carlisle,
Pennsylvania, 17013. I read the Petition and Citation to
RICHARD J. SCOTT, the alleged incapacitated person, and then
explained the documents to him, to the maximum extent possible,
in language and terms he was most likely- /to understand.
ANDREW C. SHEELY
Sworn to and .subscribed before me this oZ-V4�-day ofd November, 2014.
Commonwealth of Pennsylvania '7 m
NOTARIAL SEAL Notary Public
BECKY M. KNISELY, Notary Public
P9echanicsburg Borough,Cumberland County
My Commission Expires No%rember 19,2013
I verify that the statements made in this Proof of Service
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Sec. 4904,
relating to unsworn falsification to authorities.
Date: �Uo✓, ZY 2-® �
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AN R W C. SHEELY
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IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
I ORPHANS' COURT DIVISION
IN RE: ESTATE OF
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RICHARD J. SCOTT,
AN ALLEGED INCAPACITATED I
PERSON 1 �,
DOCKET NO. 21-14-100c� '
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 DEBRA L. PEEBLES BY AND THROUGH
HER ATTORNEY ANDREW C. SHEELY 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 JANUARY 5 2015, at
9:30 AM. 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 wiH
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: 11/12/14
L' M. Grayson, Esq.
Register of Wills &
Clerk of Orphans' Court
IN RE: RICHARD J. SCOTT IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
an alleged incapacitated ORPHANS COURT DIVIS:±08 c
person , _-V C-)
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On the Petition of Debra L. Peebles
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PETITION FOR APPOINTMENT OF A PLENARY GUARDIAN OF THE PERS" ANDC)
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,
Cumberland County, Pennsylvania. He is 83 years old, his date
of birth is July 26, 1931 .
2 . RICHARD J. SCOTT is married to FAY S. SCOTT, of 204
Hogestown Road, Mechanicsburg, Cumberland County, Pennsylvania,
17050 . She is 80 years old, her date of birth is August 23,
1934 .
3. RICHARD J. SCOTT, the alleged incapacitated person, is a
patient in the Claremont Nursing and Rehabilitation Center,
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 children, 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 attached hereto as Exhibit "B"
Debra L. Peebles (daughter)
260 North Locust Point Road
Mechanicsburg, PA 17050
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 RICHARD 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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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, 000.00.
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,
1
Date: October 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
717-697-7065 (fax)
andrewc.sheely@verizon.net
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VERIFICATION
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,
relating to unsworn falsification to authorities.
4?
DATE: October t2014
Debra L. Peebles
IN RE: RICHARD J. SCOTT IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
an alleged incapacitated CIVIL ACTION - LAW
person
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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 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 employee of a
corporate surety of such fiduciary.
Respectfully submitted,
Date: October / , 2014
Fay: 'S. Scott
i
IN RE: RICHARD J. SCOTT IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
an alleged incapacitated . CIVIL ACTION - LAW
person
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CONSENT TO APPOINTMENT OF GUARDIAN
1. I, JOHN R. SCOTT, son 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 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 employee of a
corporate surety of such fiduciary.
Respectfully submitted,
Date: October 3) 2414
Joh R. Scott
v )
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
Admitted 8/18/14
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,
Ernestlose'sf,, MD
License#MD042694L
Attending Physician
A service agency of Cumberland County