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Home My WebLink About09-23-15 (2) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA IN RE: ORPHANS COURT DIVISION CEONARD CARPENTER NO.: 866 OF 2015 An Alleged Incapacitated Person � �, � m � �, ic, :�, RESPONSE TO PETITION FOR APPOINTMENT OF GUARD1kN , , '-v �� -�� o � � S�i w TO THE HONORABLE,THE JUDGES OF SAID COURT: _:3 _. AND NOW comes Leo Carpenter, by and through his Attorney, Doreena L.-`- �- �� i L� Sloan, Esquire,who files this Response to Petitlon for Appoin[ment of Guardian as follows: 1. Denied. It is specifically denied that the individual referenced in the Peti[ion by che name of Leonard Carpen[er exis[s,is a ninety year old male born�une 25, 1925. By way of further clarification,this Petition was served upon one Leo Carpenter who is ninety years of age and born June 25, 1925. As the party named in [he Pe[ition was not the party served, this court has no jurisdiction over this matter and the Petition must be dismissed. 2. Denied. It is specifically denied ihat the Alleged Incapacitated Person currently resides at Golden Living Center-West Shore,with an address of 770 Poplar Church Road,Camp Hill, PA 17011 following initial admission on or about November 19, 2014. By way of further response, Mr. Leo Carpenter does currently reside at Golden Living Center-West Shore, 770 Poplar Church Road, Camp Hill, PA 17011 and has lived there continuously since his admission on November 19, 2014. b 3. Admitted. By way of further response,Ms.Thomiasina Reynolds was and is his duly appointed Power of Attorney. 4. Admitted in part Denied in part. It is specifically denied that Golden Living Center applied for Medical Assistance Long Term Care(MA-LTC) on behalf of the individual named in this action- Leonard Carpenter. It is admitted that Golden Living Center applied for Medical Assistance Long Term Care (MA-LTC) on behalf of Mr. Leo Carpenter on or about December 29, 2014 with the approval and assisWnce of his Power of Attorney Thomiasina Reynolds. It is specifically denied that Ms. Reynolds failed to provide requested information and otherwise cooperate with the Department of Human Services. Strict proof is demanded. It is admitted tha[an appeal to the denial was filed by Golden Living-West Shore with the approval and assistance of Ms. Reynolds as Power of Attorney for Leo Carpenter. 5. Denied. By way of further response,the information contained in this averment specifically related to Mr. Leo Carpenter, not the named party Leonard Carpenter who does not exist 6. Denied. It is specifically denied that the listed persons or ins[itu[ions provide services to one Leonard Carpenter who does not exist By way of further response, Mr.Leo Carpenter does received services listed herein and, in addition thereto,has been seen by his regular family doctor. 7. Denied. lt is specifically denied that the physicians have diagnosed the condition of Leonard Carpenter. By way of further response,the named physicians as well as the long[erm physician of Leo Carpenter have diagnosed his physical and menWl condition to include Alzheimer's disease, hypertension and heart disease. 8. No responsive pleading is required. By way of fur[her response, Leo Carpenter,the unnamed party has no way of knowing what Golden Living Center has been advised regarding the party they have named Leonard Carpenter. 9. No responsive pleading is required. By way of further response, Leo Carpenter,the unnamed party has a duly appointed Power of Attorney in the person of Thomiasina Reynolds who has been serving at the request of Mr. Leo Carpenter and Petitioner has had a copy of the Power of Attorney since her initial application for his admission. Additionally, Ms. Reynolds believes that this ac[ion has been filed in retaliation for challenges she has made regarding Petitloner's treatment of Mr. Leo Carpenter which includes but is not limited to restraining him through use of drugs, refusing to provide her wi[h copies of inciden[reports imolving Mr.Leo Carpenter and failing or refusing to notify her of Care Conferences so that she may attend. 10.No responsive pleading is required. By way of further response, Mc Leo Carpenter,who is not named in this action, properly exercised his right to appoint a Power of Attorney prior to entering this facility and said appointment obviates the need for court intervention by appointing a guardian. Additionally,this Honorable Court may find it appropriate[o appoint a guardian for the named alleged incapacitated person, Leonard Carpenter, but not for the unnamed Mr. Leo Carpenter. 11. Denied. It is specifically denied[hat Golden Living Center has investigated less restrictive alternatives for Mr. Leo Carpenter,the unnamed herein. By way of fur[her response,Golden Living Cen[er is fully aware of the exis[ence of the Power of Attorney and her adive involvement with Mr. Leo Carpenter in managing his personal and financial and is seeking to use this Honorable Court[o circumvent the exis[ing Power of Attorney. 12.Denied. It is specificalty denied that Leonard Carpenter,the named alleged incapacitated person, has an esttmated gross estate consistlng of a home with an unknown value and Social5ecurity$1232.90 per month for which Social security has appointed Golden Living Center as representative payee. It Is unknown whether Leonard Carpen[er received any sort of pension. By way of further response, Mr. Leo Carpenter, unnamed herein, does have an estimated gross estate consisting of a home with an unknown value(which has been properly excluded from Medical Assistance calculations) and is receiving Social Security in the amount of$1232.90 per month tha[is paid directly to Peti[ioner for his care as agreed W by his Power of Attorney,Thomiasina Reynolds. Additionally,Mc Leo Carpenter does not receive a pension. 13.No responsive pleading is required. By way of further response, Golden Living Center failed or refused to contact the Power of Attorney for Mr. Leo Carpenter, unnamed in this action,to discuss this Petition prior to filing it even though they have been aware of its existence since his admission. Additionally, it is denied that medical evidence has been presented with regard to the named alleged incapacitated person. 14.No responsive pleading is required. By way of further response, the named alleged incapacitated person does not exist and could not be present in court 15.No responsive pleading is required. By way of further response,the Pe[itioner named in individual that does not exis4 Additionally, Petitioner knew of the existence of the du�y appointed Power of Attorney for Mr. Leo Carpenter,unnamed herein, yet provided the incorrect address for the Power of Attorney to its counsel. 16.No responsive pleading is required. By way of further response,the Petitioner named an individual that does not exist and therefore no court could assumejurisdiction. Additionally, Mc Leo Wrpenterlawfully provided for the possibility of him becoming incapacitated by advance planning in the form of a Power of Attorney which Petltioner seeks to ignore. 17.No responsive pleading is required. By way of further response,the Peti[iocer named an individual that does no[exis[and therefore could not have been a member of the Armed Services of the United States or receive any benefits from the Veterans Administration. Addi[ionally, Mr. Leo Carpenter, unnamed in[his action,has not served as a member of the Armed Services of[he United States and is not receiving any benefits from the Veterans Administration. WHEREFORE, Leo Carpen[er, by and [hrough his attorney, Doreena L. Sloan, Esquire,respectfully request[his Honorable Court to dismiss the Peti[ion filed on behalf of Leonard Carpenter, an alleged incapaciWted person and/or,in the alternative, require that the Petltioner file a proper petitlon naming the proper party(ies) and obey the instruc[ions of the duly appoin[ed Power of Attorney for Mr. Leo Carpenter.Thomiasina Reynolds. Refpectfully submitted, (�. J `� 0l7 /� oreena L. Sloan, Esquire PA Supreme Court ID #44880 P.O. Box 3401 Harrisburg. PA 17105 (717) 232-0577 (717) 232-3991 (faxj VERIFICATION I,THOMIASINA REYNOLDS,hereby verify that the information contained in the foregoing Response to Petitlon for Appointment of Guardian is true and wrrect to the best of my knowledge,information and belief. I understand that false statemen[s made herein are subjec[[o the penaldes contained in 18 Pa.C.S.A.4904 (relattng to unsworn falsification to authorities). . �- Date: `I 7J I)� �� N.�vt� � �� ' IN THE COURT OF COMMON PLEAS OF WMBERLAND COONTY, PENNSriVANIA IN RE: ORPHANS COURT DIVISION LEONARD CARPENTER NO.: 866 OF 2015 M Alleged Incapacitated Person CERTIFICATE OF SERVICE I hereby certify that 1 have served a copy of the foregoing Response to Pe[i[ion for Appointment of Guardian upon the following by hand delivery to his office and by facsimile as follows: Kevin L. Hall, Esquire c/o Tucker Arensberg 2 Lemoyne Drive,Suite 200 Lemoyne, PA 17043 VIA FACSIMILE TO (717) 232-6802 Doreena L. Sloan, Esquire Date:� IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSriVANIA IN RE: ORPHANS COURT DIVISION LEONARD CARPENTER NO.: 866 OF 2015 An A1leged Incapacitated Person CERTIFICATE OFSERVICE 1 hereby certlfy that I have served a copy of the foregoing Response[o Petltion for Appointment of Guardian upon the following by depositing the same in the United States Postal Service, first class, postage prepaid as follows: Kevin L.Hall, Esquire c/o Tucker Arensberg 2 Lemoyne Drive, Sui[e 200 Lemoyne, PA 17043 Doreena L.Sloan, Esquire i Date: `� �3 5