HomeMy WebLinkAbout05-24-05
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LAW OFFICE OF
BEAUCHAT & BEAUCHAT, LLC
MARK D BEAUCHA T, ESQ. . WENDY WEIKAL.BEAUCHA T, ESQ. . ANDREA M. SINGLEY, ESQ.
May 20, 2005
Register of Wills - Cwnberland County
I Courthouse Square
Carlisle, PA 17013
Re: Reinecker vs. Sawyer
To Whom It May Concern:
Enclosed please find a Petition for Incapacity and 0 copies of the same. Also enclosed,
please find the required envelopes for the Petition and Citation to be served on all interested
parties, and a check for the $50 filing fee.
Please forward any remaining time-stamped copies back to my office in the enclosed
envelope. If you have any further questions or concerns regarding this matter, please do not
hesitate to contact me.
Sincerely,
8E~UCIL\T&~ _ _
An"""M.S;.,],y.E",. ~
Enclosure( s)
63 WEST HIGH STREET. GETTYSBURG, I'ENNSYL VANIA 17325
TELEPHONE 717.334.4515
FAX 717.337.2009
IN THE ORPHANS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re: ADlllDda McKee
An aUeged incapacitated person :
No. 1)-05 -- (lM
PETITION FOR ADJUDICATION OF INCAPACITY AND FORAPPODITMENT
OF A PLENARY GUARDIAN OF THE PERSON
AND NOW, this 17 th day of May, 2005, comes the Petitioner, Elizabeth
Reinecker, by their attorney, Wendy WeikaI-Beauchat, Esquire, and states the foUowing
Petition:
1. Elizabeth Reinecker, Petitioner, resides at 9 Mayfield Road, Mecbanicsburg,
PA 17055.
2. The alleged incapacitated person is Amanda McKee, referred to as the
"Respo~dent." The Respondent resides at the Claremont Nursing and Rehabilitation Center,
1000 Claremont Road, Carlisle, Cumberland County, PA 17013.
3. The following individuals are to the best of the Petitioner's knowledge the
clo~ living relatives to Amanda McKee:
1-0::
gjd a. Elizabeth Reinecker, 9 Mayfield Road, Mecbanicsburg,PA
lLOC
~uc, 17055, Daughter.
ir~o:::
::J~a' b. Deanna L. Sawyer, 330 Gettysburg Pike, Mechanicsburg, PA
Oct: Ll
Ocr: S: 17055, Granddaughter.
-'
~ u 5. Amanda McKee was not and is not a member of the armed forces of the
United States of America.
6. The proposed guardian is Elizabeth Reinecker, daughter of the incapacitated.
7. Respondent suffers from Alzheimer's disease and is presently in a non-
verbal, non-ambulatory state. Respondent generally does not recognize members of family
and has few moments oflucidity.
8. Respondent's agent is presently her granddaughter, Deanna L. Sawyer. Mrs.
Sawyer claims to be acting pursuant to a Power of Attorney signed by the Respondent.
Deanna L. Sawyer began acting as agent for the Respondent following the death of Karin
Weiss, Petitioner's sister, who had previously been acting on behalf of Respondent.
\
9. Following Karin Weiss' death, Deanna L. Sawyer began acting as agent for
Respondent despite the fact that following Ms. Weiss' death, Respondent was not
competent to sign a new Power of Attorney appointing Ms. Sawyer as her agent.
10. Deanna L. Sawyer has claimed that she has a Power of Attorney appointing
her as agent for Respondent. However, despite repeated requests from the Petitioner, Ms.
Sawyer has failed to produce said Power of Attorney for Petitioner's inspection.
II. It is the Petitioner's belief that Deanna L. Sawyer is mimnanaging the affairs
and the estate of the Respondent. Furthermore, it is the Petitioner's belief that Deanna L.
Sawyer is not acting in the best interest of the Respondent.
12. Petitioner believes that Amanda McKee is in need of a plenary guardian of
the person, and that no less restrictive alternatives will adequately meet Respondent's
needs.
13. No other court has ever assumed jurisdiction in any proceeding to determine
the capacity of the Respondent, and no other guardian has been appointed for the person of
the Respondent.
14. Petitioners request that counsel be appointed to represent the interests of the
Respondent in this matter.
WHEREFORE, Petitioners request that a Citation be directed to the Respondent to
show cause why she should not be adjudged an incapacitated person and a plenary guardian
of her person appointed.
Respectfully submitted,
BEAUCHAT & BEAUCHAT
Dated: 1IV /7. .:JIX>S
v-----
Wendy Weikal-Beauchat, Esquire
63 West High Street
Gettysburg, PA 17325
lD #71930
(717) 334-4515
Attorney for Petitioner
VERIFICATION
I verifY that the statements made in this plt'.Aiting are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. ~904, relating
to unsworn falsifications to authorities.
c/~a ~'AP~/'..A.(
Eliza Reinecker, Petitioner