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HomeMy WebLinkAbout02-0876 SEP 3 0 200Z INRE: VIOLET W. JOHNSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. an incapacitated person ORPHANS' COURT DIVISION NO.: .21- O~ -ilc... On the Petition of DONNA POPE 1. 2. 3. 4. 5. person. 6. CONSENT TO APPOINTMENT AS GUARDIAN The name of the proposed guardian is: Donna Pope The proposed guardian resides at: 51712 Cricket! Lane The proposed guardian's occupation is: Specialty Account Manager The proposed guardian speaks, reads and writes the English language. The proposed guardian does not have an interest adverse to the alleged incapacitated The proposed guardian is not a fiduciary, or an 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 an officer or employee of a corporate surety of such fiduciary. 7. The proposed guardian consents to act as guardian for Violet W. Johnson. Dated: 9 - d 7- ()clJ 0(1tu~~t'~t~J DONNA POPE / ! , INRE: VIOLET W. JOHNSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. an incapacitated person ORPHANS' COURT DIVISION NO.: On the Petition of DONNA POPE PETITION TO ADJUDICATE INCAPACITATED PERSON AND APPOINT GUARDIAN OF THE PERSON TO THE HONORABLE JUDGES OF SAID COURT: 1. Violet W. Johnson, the alleged incapacitated person, resides at Chapel Pointe, 770 South Hanover Street, Carlisle, Cumberland County 17013, and her mailing address is the same. Violet W. Johnson is eighty-eight (88) years old. 2. Violet W. Johnson is a widow. 3. Violet W. Johnson is not a patient in a mental hospital. 4. The Petitioner is Donna Pope, and is Violet W. Johnson's daughter. 5. The names and addresses of those persons who would be the intestate heirs of Violet W. Johnson are as follows: Mrs. Donna Pope 5712 Crickett Lane Harrisburg, PA 17112 Ms. Diane R. Vaughn 752 Lisburn Road Carlisle, P A 17013 6. A service provider rendering services to Violet W. Johnson is Chapel Pointe, 770 South Hanover Street, Carlisle, Cumberland County Pennsylvania ] 7013. 7. Violet W. Johnson was never a member of the Armed Services ofthe United States. Violet W. Johnson is not receiving benefits from the United States Veterans Administration. 8. The Petitioner asks that Donna Pope with a mailing address of 57]2 Crickett Lane, Harrisburg, Dauphin County, Pennsylvania] 7] 12, be appointed as Guardian ofVio]et W. Johnson. The proposed guardian is related as daughter to Violet W. Johnson. 9. The proposed guardian has no interest which is adverse to the interests ofVio]et W. Johnson. ] O. Petitioner believes, and therefore avers, that no Court has ever assumed jurisdiction in a proceeding to determine whether Violet W. Johnson is incapacitated. ] I. Petitioner believes, and therefore avers, that violet W. Johnson does not have a guardian already. 12. The reasons why this guardianship is being sought are as follows: Violet W. Johnson suffers from Alzheimer's disease and dementia. Violet W. Johnson's physician will present testimony as to the nature and extent of Violet W. Johnson's incapacities and disabilities, her menta], emotional and physical conditions which are deteriorating. Dr. Hohenwarter will present testimony regarding the types of assistance required by Violet W. Johnson and that no less restrictive alternative than adjudication of incapacity and appointment of a guardian is appropriate, as well as evidence regarding the probability that the extent of Violet W. Johnson's incapacities will not lessen. 13. The functional limitations and physical and mental condition of Violet W. Johnson are: Violet W. Johnson suffers from Alzheimer's disease and dementia. Violet W. Johnson is confused and forgetful. Violet W. Johnson is unable to manage her own affairs due to her severe cognitive impairments. 14. The following steps have been taken, in order to find less restrictive alternatives to the appointment of a guardian: Petitioner, Donna Pope, has tried to assist her mother living at an assisted living facility. Since Violet W. Johnson's condition is degenerating and will continue to degenerate, it is no longer possible for her to live on her own. She is forgetful and suggestible. 15. The Petitioner requests that the guardian be granted powers to act for Violet W. Johnson in the following specific areas: Plenary 16. The proposed guardian has the following qualifications: Petitioner, Donna Pope, is the daughter of Violet W. Johnson. Petitioner is close to Violet W. Johnson and familiar with all of her affairs. 17. The gross value of the Estate of Violet W. Johnson is approximately $110,000.00. According to the Petitioner, Donna Pope's knowledge and belief, the monthly income from all sources of Violet W. Johnson is $1,602.18. WHEREFORE, Petitioner, Donna Pope, respectfully requests this Honorable Court that under Section 5511 of the Probate, Estates and Fiduciaries Code, issue a citation to Violet W. Johnson, Violet W. Johnson's next of kin, and to such other persons as the Court directs, to show cause why Violet W. Johnson should not be adjudged to be an incapacitated person and plenary guardian of her person and/or estate be appointed. Respectfully submitted, KILLIAN & GEPHART, LLP Dated: September 27, 2002 -f~~ .m-c~ Paula J. Mc ermott, EsqUIre Attorney J.D. #46664 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 Telephone: (717) 232-1851 VERIFICA nON I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities. Dated: September 27,2002 c!C!JUUL C j)kJ DONNA POPE / 0 .' COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN On this, the day of September, 2002, before me, the undersigned officer, personally appeared DONNA POPE, who, being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief IN WITNESS WHEREOF, I hereunder set my hand and official seaL Sworn to and ~~ed before me thi . 'f' lidy ~b~:; Notary Public NOTARIAL SEAl lWl1R M H.'.RTMAN. HOTI\R! pu8IlC HP.RRISBURG, DAUPHIN COUNTY..... III' COMMISSION EXPIRES JUlY ~. LW> " CERTIFICATE OF SERVICE On this2.7~ day of ~.J-Ct ,2002, I hereby certifY that I served the foregoing document on the following by depositing a true and correct copy in the United States Mail, postage prepaid, addressed to: Ms. Diane R. Vaughn c/o Hubert X. Gilroy, Esquire BROUJOS & GILROY, P.c. 4 North Hanover Street Carlisle, PA 17013 KILLIAN & GEPHART, LLP _~. /Y'V=~ Paula J. Dermott, EsqUIre Attorney LD. #46664 218 Pine Street P. O. Box 886 Harrisburg,PA 17108-0886 Telephone: (717) 232-1851 ~ .' INRE: VIOLET W, JOHNSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. an incapacitated person ORPHANS' COURT DIVISION NO.: c:21'O~.cg-,(" On the Petition of DONNA POPE PRELIMINARY ORDER OF COURT AND NOW, this ot~y of (!)chhJ ,2002, the foregoing Petition having been presented in open Court, upon consideration thereof and on motion of Paula J. McDermott, Esquire, Counsel for the Petitioner, Donna Pope, it is ORDERED and DECREED that a Citation be awarded, directed to Violet W. Johnson to show cause why she should not be adjudged an incapacitated person and a plenary guardian of her estate and person be appointed, returnable M~ 30 ,2002, at /0 ;<to'clock, 4-.M. The time and place of hearing on the petition for appointment of a guardian of the estate and person of the alleged incapacitated person are fixed for c.::o cJ.>fu", "cJ ,2002, at I tJ ; ..,iJo'clock, L.M., in the Orphans' Court Division, Cumberland County Courthouse, Carlisle, Pennsylvania. At least twenty (20) days, written notice of the hearing shall be given to Violet Johnson, 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 ofthe content and terms of the petition; and at lea~ days' written notice of the petition and hearing shall also be given to the next of kin either personally or by rejlistered or certified mail. BY THE COURT: . J. .... . IN RE: VIOLET W JOHNSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION AN INCAPACITATED PERSON NO. 21-2002-876 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 our right to manage money and property and to make decisions. A copy of the petition which has been filed by PAULA J MCDERMOTT is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. _, Cumberland County Courthouse, Carlisle, Pennsylvania, on OCTOBER 30 , 2002, at 10:00 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 and may appoint the Guardian requested. By," Clerk,OrpH s' Court Dlvisib; Cumberland County, Carlisle, P A My Commission Expires I st Monday, January, 2006 INRE: VIOLET W. JOHNSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. an incapacitated person ORPHANS' COURT DIVISION NO.: 21-2002-876 MOTION FOR CONTINUANCE TO THE JUDGE OF SAID COURT: 1. The alleged incapacitated person is Violet W. Johnson who currently resides at Chapel Pointe, 770 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Petitioner is Donna Pope, Violet W. Johnson's daughter, and is an adult individual currently residing at 5712 Crickett Lane, Harrisburg, Dauphin County, Pennsylvania 17112. 3. On September 27, 2002, Petitioner, Donna Pope, filed a Petition to Adjudicate Incapacitated Person and Appoint Guardian of the Person. 4. On October 02, 2002, Judge Hoffer entered a Preliminary Order scheduling a hearing for this matter on October 30, 2002, at 10:00 A.M. 5. Petitioner, Donna Pope, respectfully requests a postponement of the hearing currently scheduled in this matter due to the fact that the Deposition of Dr. Hohenwarter still needs to be taken. 6. Petitioner, Donna Pope, respectfully requests a postponement of the hearing in this matter due to the fact that the parties involved are attempting to amicably resolve this matter. WHEREFORE, Petitioner, Donna Pope, respectfully requests this Honorable Court to postpone the hearing currently scheduled in this matter for Wednesday, October 30,2002. Respectfully submitted, KILLIAN & GEPHART, LLP Dated: October 18, 2002 Pc. . ~~. ()Lct1v~il. Paula J. Mc ermott, EsqUire Attorney J.D. #46664 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 Telephone: (717) 232-1851 -2- - '. CERTIFICATE OF SERVICE On this tS-~day of C>~ , 2002, I hereby certifY that I served the foregoing document on the following by depositing a true and correct copy in the United States Mail, postage prepaid, addressed to: Ms. Diane R. Vaughn c/o Hubert X. Gilroy, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, P A 17013 KILLIAN & GEPHART, LLP P~~J-~~~ Attorney J.D. #46664 218 Pine Street P. O. Box 886 Harrisburg, P A 17108-0886 Telephone: (717) 232-1851 --- INRE: VIOLET W. JOHNSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. an incapacitated person ORPHANS' COURT DIVISION NO.: 21-2002-876 ORDER AND NOW, this ;;J~ay of {f)r-k.JJu;J , 2002, based upon the foregoing Motion for Continuance, it is hereby ORDER AND DECREED that the Petitioner's Motion is hereby granted and that the hearing shall be rescheduled ~ . 2(J02,al u'dv~k .M. AL~tf ~~! BY THE COURT: c, IN RE: VIOLET W. JOHNSON, AN INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION No. 21-2002-876 JOINT PRAECIPE TO DISCONTINUE TO THE CLERK: Kindly mark the above-captioned action settled, discontinued and ended. Respectfully submitted, BROUJOS & GILROY, P.C. DUANE MORRIS LLP Hubert X. Gilroy, Es 4 North Hanover St et Carlisle, PAl 7013 (717) 243-4574 J~ ff' /YI<L~ Paula J. McDermott, Esquire 305 North Front Street, 5th Floor P.O. Box 1003 Harrisburg, PA 17108-1003 (717) 237-5500 Attorneys for Diane R. Vaughn Attorneys for Donna E. Pope and Phillip R. Womer Date: 7{ ;)~t 0" Date: 1'+ 1-'<"1 '2en '3 --'".li. 'I~J .., ~~ ~-. '77 'n,- <:0 :-It. , L(... ;11. L.