HomeMy WebLinkAbout04-22-05
INRE:
: IN THE COURT OF COMMON PLEAS OF
: OF CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DNISION
MARY DUGAN,
An alleged incapacitated person
: NO.
PETITION FOR THE APPOINTMENT OF
EMERGENCY PLENARY GUARDIAN OF THE PERSON AND ESTATE
IN ACCORDANCE WITH 20 P.S. ~55l3 AND FOR PERMANENT PLENARY
GUARDIAN OF THE PERSON AND ESTATE
PURSUANT TO 20 P.S. ~55ll
AND NOW COMES THE PETITIONER, the Area Agency on Aging, in and for
Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who
represents and avers as follows:
1.
The Petitioner is the Area Agency on Aging, in and for Cumberland County,
Pennsylvania, with its office located at 16 West High Street, Carlisle, Pennsylvania.
2.
The alleged incapacitated person is Mary Dugan, age 80, who, until April 8, 2005,
had resided at 308 Mt. Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania.
She had resided there for a period exceeding 1 year up to April 8, 2005.
3.
On or about April 8, 2005 the alleged incapacitated person was admittedto the
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Hershey Medical Center pursuant to Section 302 of the Mental Health Act and, after
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discharge on April 20, 2005, she was admitted as a resident at The Bridges at Bent Creek, [.)
2100 Bent Creek Boulevard, Mechanicsburg, Cumberland County, Pennsylvania."
4.
The known relatives ofthe alleged incapacitated person are:
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a. Jeanne Townsend - sister
1705 Edgar Cemetery Road
Paris, Tennessee 38242
b. Sharon DeBuck - daughter
3287 Cedar Crest Loop
Spring Hill, Florida 34609
c. Terre Simeon - daughter
125 Mountain View Terrace
Dover, Pennsylvania 17315
d. Lee Stetler - grandson
308 Mt. Allen Drive
Mechanicsburg, P A 17055
5.
The Petitioner is not related to Mary Dugan.
6.
The Petitioner's interest is that of a welfare agency concerned with her welfare
and is familiar with her case.
7.
Mary Dugan has, for at least three (3) months, been incapable of managing and
caring for herself and her financial affairs.
8.
Mary Dugan exhibits symptoms of mental incapacity, including but not limited to
dementia of the Alzheimer type.
9.
Mary Dugan's mental incapacity prevents her from managing and caring for the
affairs of her person and estate.
10.
On or about November, 2004, the Petitioner received a report for need of
Protective Services for Mary Dugan alleging financial exploitation and self neglect.
II.
On or about January, 2005, Lee Stetler, grandson of Mary Dugan, the alleged
incapacitated person, moved into her residence at 308 Mt. Allen Drive, Mechanicsburg,
Pennsylvania to assist her with her finances and other household tasks.
12.
On or about April 8, 2005, Jeanne Townsend, Ms. Dugan's sister in Tennessee,
reported to Petitioner's authorized representative that Ms. Dugan has wandered from her
home to Messiah Village which is located nearby and she had been returned to her home
by a staff person at Messiah Village.
13.
Jeanne Townsend further advised on April 8, 2005, that she believed her sister
had declined mentally because Ms. Dugan called her on a daily basis, sometimes two (2)
to three (3) times a day. Based on their telephone conversations, Jeanne Townsend stated
. that she believes that her sister needs twenty-four (24) hour supervision and that there is
no family who could help her.
14.
On or about April 8, 2005, the staff person at Messiah Village advised Petitioner's
authorized representative that Ms. Dugan appeared lonely, confused, was not thinking
clearly, was not aware of danger and should not be out by herself.
15.
On or about April 8, 2005, Petitioner's authorized representative received a
telephone call from Ms. Dugan's daughter, Sharon DeBuck, who resides in Spring Hill,
Florida. Ms. DeBuck stated that Ms. Dugan had been taken to the Hershey Medical
Center because of increased confusion, wandering and a belief that someone was trying
to kill her. There was one to one supervision in the emergency room at Hershey Medical
Center because of her behavior and she was admitted pursuant to Section 302 ofthe
Mental Health Act.
16.
The alleged incapacitated person, Mary Dugan, was admitted to the Adult
Psychiatric Unit at Hershey Medical Center on April 11, 2005 and remained there until
she was discharged on April 20, 2005.
17.
Lee Stetler, the grandson, informed Petitioner's authorized representative on April
8, 2005 that Mary Dugan did not know her name, had wandered off that morning, was
terribly confused, was a risk to herself, had a fast downward spiral that past week and he
had found her outside one morning waiting for her sister Jeanne Townsend who resides in
Tennessee.
18.
The Petitioner has been informed by a representative of The Bridges at Bent
Creek that it would allow Mary Dugan to be a resident there on a temporary basis until a
Guardian was appointed of her person and estate. If the Petitioner did not immediately
seek the appointment of a Guardian for the person and estate of Mary Dugan, The
Bridges at Bent Creek could not allow her to stay because no one would be responsible
for her.
19.
Petitioner requests that it be appointed Emergency Plenary Guardian of the Person
and Estate of Mary Dugan.
20.
Petitioner requests that it be appointed Permanent Plenary Guardian of the Person
of Mary Dugan and Brian Brooks be appointed Permanent Plenary Guardian of the Estate
of Mary Dugan.
21.
The proposed Guardians have no interest which is adverse to the interest of Mary
Dugan.
22.
Petitioner believes, and, therefore avers that Mary Dugan does not already have a
Guardian.
23.
Petitioner asserts that Mary Dugan is incapacitated as defined in Chapter 55 ofthe
Probate Estates and Fiduciaries Code.
24.
Because of her impaired mental condition, Mary Dugan lacks the capacity to
provide for her own personal care and maintenance.
25.
Petitioner has determined that the residence of Mary Dugan has an assessed value
of $130,000.00 and that the income of Mary Dugan is approximately $1,510.00 per
month consisting of the following sources:
a. $85.00 - Social Security
b. $175.00 - Military Pension
c. $1.250.00 - Federal Pension
$1,510.00
26.
Because of her impaired mental condition, Mary Dugan is unable to manage her
financial affairs, property and business and to make and communicate responsible
decisions relating thereto.
27.
A power of attorney would be a less restrictive alternative than Guardianship but
Lee Stetler who has been appointed by Mary Dugan to be her attorneys-in-fact is unable
to continue in that capacity causing the Petitioner to request that the existing power of
attorney be revoked and that Mary Dugan lacks the capacity, at present, to appoint a new
one.
28.
No member of Mary Dugan's family is in a position to assume responsibility as
Guardian of her Person and Estate.
29.
To Petitioner's knowledge, no previous application has been made for the order
herein requested or for a similar order.
30.
No other Court has ever assumed jurisdiction in any proceeding to determine the
incapacity of Mary Dugan.
31.
Mary Dugan, if discharged from The Bridges at Bent Creek for failure to have a
Guardian of her Person and Estate, would be unable to function on her own at home and
Petitioner believes and, therefore, avers that Mary Dugan would be at imminent risk of
serious bodily harm because there would be no one to care for her.
32.
The failure to appoint Petitioner as Emergency Plenary Guardian of the Person
and Estate of Mary Dugan and later as Permanent Plenary Guardian of her Person and
Pennsylvania Guardianship Association as Permanent Plenary Guardian of her Estate
would result in irreparable harm to the person and estate of Mary Dugan.
33.
To eliminate the imminent risk of harm to Mary Dugan, Petitioner, if appointed as
the proposed Emergency and Permanent Plenary Guardian of her Person, will seek to
continue her placement at The Bridges at Bent Creek, an Assisted Living facility because
that is the least restrictive alternative available for her.
WHEREFORE, the Petitioner respectfully requests that:
I. The Court revoke the existing power of attorney appointing Lee Stetler as
Mary Dugan's attorney-in-fact;
2. The Court appoint the Area Agency on Aging, in and for Cumberland
County, Pennsylvania as Emergency Plenary Guardian ofthe Person and Estate of Mary
Dugan pending a final hearing on this Petition with such Emergency Guardian having full
power to continue the placement of Mary Dugan at The Bridges at Bent Creek and such
other powers and restrictions the Court deems proper;
3. Pursuant to 20 Pa.C.S.A. ~5513, the Court find that the emergency
necessitating the filing ofthis Petition will continue beyond seventy-two (72) hours from
the date of any Emergency Order;
4. Pursuant to 20 Pa.C.S.A. S5513, the Court schedule a final hearing on or
within 23 days from the date of any Emergency Order; and
5. The Court appoint the Area Agency on Aging, in and for Cumberland
County, Pennsylvania as Permanent Plenary Guardian of the Person of Mary Dugan and
Pennsylvania Guardianship Association as Permanent Plenary Guardian of the Estate of
Mary Dugan.
Respectfully Submitted,
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Ant ony L. ca, Esquire ~
113 Front Street
P.O. Box 358
Boiling Springs, Pennsylvania 17007
(717) 258-6844
VERIFICA nON
I hereby verify that the facts and information set forth in the foregoing Petition for
the appointment of Emergency Plenary Guardian of the Person and Estate in accordance
with 20 P.S. ~5513 and for Permanent Plenary Guardian of the Person and Estate
pursuant to 20 P.S. ~5511 of Mary Dugan are true and correct to the best of my
knowledge, information, and belief. I understand that any false statements contained
herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Dated: 'I / ().d J OS
r:xA,~wMmLl/1V
Priscilla Whitman
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INRE:
: IN THE COURT OF COMMON PLEAS OF
: OF CUMBERLAND COUNTY, PENNSYLVANIA
MARY DUGAN, : ORPHANS' COURT DNISION
An alleged incapacitated person: 5 0 3 (f 0
: NO. LI-O - ~
RECEIVED APR 2 2 ~
PRELIMINARY DECREE
AND NOW, this ;P/lld day of ~h ~L ,2005, in consideration of the
foregoing petition and on moti<:m of the Area Agency on Aging, in and for Cumberland
County, Pennsylvania, through its Counsel, Anthony L. DeLuca, Esquire, it is
ORDERED AND DECREED that a Citation be awarded, directed to Mary Dugan to
show cause why Emergency Plenary Guardians of her Person and Estate should not be
appointed, and why she should not be adjudged an incapacitated person and permanent
plenary guardians of her person and estate should not be appointed.
The time and place of hearing on the Petition for Appointment of Emergency
Plenary Guardians of the Person and Estate of the alleged incapacitated person are fixed
for ~ ~ 1 ~ ~ ' 2005 at q: fJ?) a.m.lp..m., prevailing time in Courtroom
#~ on the 4th Floor of the Cumberland County Courthouse, Orphan's Court Division,
Carlisle, Pennsylvania.
The alleged incapacitated person shall be given notice of the hearing on
appointment of Emergency Plenary Guardians of her Person and Estate by serving her
personally with the Citation and this Order of Court and a copy of the foregoing Petition
prior to the time of such emergency hearing.
The Court finds that the following additional notice to others of the hearing on
appointment of emergency plenary guardians of the alleged incapacitated person is
feasible under the circumstances and directs that same be attempted to be made upon the
following person in the following manner: Jeanne Townsend, Sharon DeBuck, Terre
Simeon, and Lee Stetler, by first class United States mail.
The time and place of hearing on the Petition for Appointment of Permanent
Plenary Guardians of the Person and Estate of the alleged incapacitated person are fixed
for ./nif /'1 , 2001, at q: !!1> a.m./p.m., prevailing time in Courtroom
#-1- on the 4th Floor of the Cumberland County Courthouse, Orphan's Court Division,
Carlisle, Pennsylvania.
At least twenty (20) days written notice of the hearing on appointment of
permanent plenary guardians of the person and estate shall be given to Mary Dugan, the
alleged incapacitated person, by serving her personally with the Citation and this Order of
Court and a copy of the foregoing Petition together with an explanation of the content
and terms of the Petition. Additionally, at least 20 days written notice of the Petition and
hearing on appointment of a permanent guardian shall also be given to: Jeanne
Townsend, Sharon DeBuck, Terre Simeon, and Lee Stetler, by first class United States
mail.
J It 1'h-l,-5 /Ve.l50 '1 [;:51, shall be appointed to represent Mary
Dugan, the alleged incapacitated person.
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BY THE COURT,
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IN RE: Mary Dugan an alleged
incapacitated person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2005-0380
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the Court to have you declared an Incapacitated Person. Ifthe
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 Area
Agency of Aging is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No.1, Cumberland
County Courthouse, Carlisle, Pennsylvania, on April 26 , 2005, at 9:00 A.M. to tell the
Court why is 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 of 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 to 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 a may appoint the Guardian requested.
Date:4-22-05
By:
CI rk, Orphans' Court Division
Cumberland County, Carlisle, P A
My Commission Expires 1 st Monday,
January, 2006
IN RE: Mary Dugan an alleged
incapacitated person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2005-0380
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 Area
Agency of Aging is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No.1, Cumberland
County Courthouse, Carlisle, Pennsylvania, on May 19 ,2005, at 9:00 A.M. to tell the
Court why is 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 of 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 to 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 an may appoint the Guardian requested.
By:
Clerk, Orphans' Court Division
Cumberland County, Carlisle, P A
My Commission Expires 1 st Monday,
January, 2006
Date:4-22-05