HomeMy WebLinkAbout09-06-05
INRE:
jRECEIVED SEP 062005 ~
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY, PENNSYLVANIA
RAY WINGARD, SR., ORPHANS' COURT DIVISION
An alleged incapacitated person:
: NO. 21-05-0792
PRELIMINARY DECREE
AND NOW, this I./ti day of September, 2005, in consideration of the foregoing
petition and on motion 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 'Ray Wingard, Sr. to show cause why
Emergency Plenary Guardians of his Person and Estate should not be appointed, and why
he should not be adjudged an incapacitated person and permanent plenary guardians of
his 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 x:tp,~, '7 ,2005 at 3 : t/o ~.Ip.m., prevailing time in Courtroom /
# _ on the 4th Floor of the Cumberland County Courthouse, Orphan's CouJ-htvision, ~
The alleged incapacitated person shall be given notice of the hearing on
Carlisle, Pennsylvania.
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appointment of Emergency Plenary Guardians of her Person and Estate by servmgfhim ~~
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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 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 ~f;'. ..3l/ ,2005, at ,; .\','.' """.lp.m., prevailing time in
Courtroom #_ 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 Ray Wingard, Sr.,
the alleged incapacitated person, by serving him 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 the
following persons in the following manner: Maryann Wingard, Raeann Wittle, Maryann
Ulrich, Brenda Killigan, Ray Wingard, Jr., David Wingard and Dennis Wingard, by first
class United States mail.
Michael J. Whare, Esquire shall be appointed to represent Ray Wingard, Sr., the
alleged incapacitated person.
BY THE COURT,
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IN THE MATTER OF THE PERSON
AND ESTATE OF:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
RAY WINGARD, SR.,
AN ALLEGED INCAP ACIT A TED
PERSON
ORPHANS' COURT DIVISION
NO. 21-05-0792
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
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, with
its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania.
2.
The alleged incapacitated person is Ray Wingard, Sr., age 73, who resides at 16
Tory Circle, Enola, Cumberland County, Pennsylvania and has resided there for a period
exceeding one (1) year prior to the filing of this Petition.
3.
The only known relatives of the alleged incapacitated person are:
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a.
Maryann Wingard - wife
16 Tory Circle
Enola, P A 17025
b.
Raeann Wittle - daughter
14 N. Enola Drive
Enola, P A 17025
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c. Maryann Ulrich - daughter
101 Pepper Avenue
Enola, P A 17025
d. Brenda Killigan - daughter
Wellsville, P A
e. Ray Wingard, Jr. - son
301 N. 71stStreet
Harrisburg, PAl 7111
f. David Wingard - son
16 Tory Circle
Enola, P A 17025
g. Dennis Wingard - son
16 Tory Circle
Enola, P A 17025
4.
Ray Wingard, Sr., has, for at least three (3) months, been incapable of managing
and caring for himself and his financial affairs.
5.
Ray Wingard, Sr. exhibits symptoms of mental incapacity, including but not
limited to senile dementia Alzheimer's type.
6.
Ray Wingard, Sr.'s mental incapacity prevents him from managing and caring for
the affairs of his person and estate.
7.
On or about August 27,2004, Ray Wingard, Sf. was admitted to the Claremont
Nursing and Rehab Center because his wife could no longer care for him.
8.
During his stay at Claremont, the family made arrangements for Mrs. Wingard to
sell their house and move into a senior housing complex in Enola but the sale never took
place because their son, David Wingard, who is unemployed, would have no place to
reside.
9.
David Wingard allegedly convinced his mother to bring Ray Wingard, Sr. home
from Claremont and, on March 15,2005, he was discharged against medical advice.
10.
On August 30, 2005, police and ambulance personnel responded to a possible
domestic assault at the Wingard residence where the police reported that the son, David
Wingard, was very intoxicated and, at the same time, Mrs. Wingard stated that her
husband had not been taking his medication. The police further stated that Ray Wingard,
Sr. was wearing an adult diaper and shirt and appeared to be flailing his hands.
11.
Mrs. Wingard, at the time of the police and ambulance response on August 30,
2005, did not want any police involvement and, therefore, the police and ambulance crew
left the scene.
12.
On or about September 1,2005, another son, Ray Wingard, Jr., visited his parents
and found his father with a bruise under his left eye.
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13.
Ray Wingard, Jr., on September 1, 2005, took his father with him to the house of
one of his sisters and, after leaving, 4 police officers arrived at the house after receiving a
report that there were 3 people causing a scene.
14.
While the police were at the house on September 1, 2005, two (2) daughters
arrived with Mr. Wingard who had a bruise under his left eye. When questioned by
police, Mrs. Wingard and her son, David Wingard, stated that Ray Wingard, Sr. had
attacked his wife and that David Wingard had to throw him off of her causing the injury.
15.
Ray Wingard, Sr. could provide no information regarding the injury which was
alleged to have occurred on August 30, 2005.
16.
Ray Wingard, Sr. was taken to Holy Spirit Hospital on September 1, 2005 and
diagnosed as having a broken jaw.
17.
When other family members looked inside the refrigerator at the Wingard house
on September 1,2005, no food was found. The refrigerator contained only Vodka and
other alcoholic beverages and both Mrs. Wingard and her son, David Wingard, were
described as being very intoxicated.
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18.
According to records of the East Pennsboro Police Department, they have
responded to the Wingard residence twenty-nine (29) times since the year 2002.
19.
In the year 1992, the family resided in Camp Hill, Pennsylvania and their son,
David Wingard, allegedly poured gasoline on the house and set it on fire with Ray
Wingard, Sr. inside. Ray Wingard, Sr. was rescued by the fire department and David
Wingard received a prison sentence for the act.
20.
Investigation by Petitioner has revealed that David Wingard verbally and
physically abuses Ray Wingard, Sr. by yelling at, swearing at, shoving and hitting him.
21.
Further investigation by Petitioner when visiting the house, with police escort,
reflected David Wingard being on the front porch visibly drunk and denying access to
Mrs. Wingard but took the card of the Protective Service worker.
22.
David Wingard, sounding drunk, later called Petitioner's office, spoke to Janet
Paull, and allowed his mother, who also sounded drunk, to speak to Ms. Paull. When
asked if Mrs. Wingard would be willing to sign her husband, Ray Wingard, Sr., into a
nursing home, she agreed, saying that she could not take care of him but later stated that
they needed his income so he could not go into a nursing home.
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23.
Ray Wingard, Sr., who is a patient at Holy Spirit Hospital, is medically stable and
eligible to leave the hospital but he would not be safe to return to his home.
24.
Holy Spirit Hospital has no medical justification to keep him in the hospital and
must discharge him as soon as possible.
25.
Petitioner believes and, therefore, avers that Ray Wingard, Sr. will be at risk of
death or irreparable harm ifhe is discharged without the appointment of Emergency
Plenary Guardians of his Person and Estate.
26.
Petitioner requests that it be appointed Emergency Plenary Guardians ofthe
Person and Estate of Ray Wingard, Sr.
27.
The proposed Guardian has no interest which is adverse to the interest of Ray
Wingard, Sr.
28.
Petitioner believes, and, therefore avers that Ray Wingard, Sr., does not already
have a Guardian.
29.
Petitioner asserts that Ray Wingard, Sr. is incapacitated as defined in Chapter 55
of the Probate Estates and Fiduciaries Code.
30.
Because of his impaired mental condition, Ray Wingard, Sr. lacks the capacity to
provide for his own personal care and maintenance.
31.
Petitioner believes and, therefore, avers that Ray Wingard, Sr. only known source
of income is from the pension he receives from his railroad retirement which is reported
to be $2,059.00 a month. It is also believed that he is the joint owner with his wife of
their residence.
32.
Because of his impaired mental condition, Ray Wingard, Sr. is unable to manage
his financial affairs, property and business and to make and communicate responsible
decisions relating thereto.
33.
A power of attorney would be a less restrictive alternative than Guardianship but
none exists to the knowledge ofthe Petitioner.
34.
No member of Ray Wingard, Sr.'s family is in a position to assume responsibility
as Guardian of his Person and Estate.
35.
To Petitioner's knowledge, no previous application has been made for the order
herein requested or for a similar order.
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36.
No other Court has ever assumed jurisdiction in any proceeding to determine the
incapacity of Ray Wingard, Sr.
37.
Ray Wingard, Sr., if discharged from Holy Spirit Hospital for failure to have a
Guardian of his Person and Estate, would be unable to function on his own at home and
Petitioner believes and, therefore, avers that Ray Wingard, Sr. would be at imminent risk
of serious bodily harm because there would be no one at home capable of caring for him.
38.
The failure to appoint Petitioner as Emergency Plenary Guardian of the Person
and Estate of Ray Wingard, Sr. and later as Permanent Plenary Guardian of his Person
and Estate would result in irreparable harm to the person and estate of Ray Wingard, Sr.
39.
To eliminate the imminent risk of harm to Ray Wingard, Sr., Petitioner, if
appointed as the proposed Emergency and Permanent Plenary Guardian of his Person and
Estate, will seek to place him in a nursing home or other appropriate facility because that
is the least restrictive alternative available for him.
WHEREFORE, the Petitioner respectfully requests that:
1. The Court appoint the Area Agency on Aging, in and for Cumberland
County, Pennsylvania as Emergency Plenary Guardian of the Person and Estate of Ray
Wingard, Sr. pending a final hearing on this Petition with such Emergency Guardian
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having full power to place him in a nursing home or other appropriate facility and such
other powers and restrictions the Court deems proper;
2. Pursuant to 20 Pa.C.S.A. S5513, the Court find that the emergency
necessitating the filing of this Petition will continue beyond seventy-two (72) hours from
the date of any Emergency Order;
3. 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
4. The Court appoint the Area Agency on Aging, in and for Cumberland
County, Pennsylvania as Permanent Plenary Guardian of the Person and Estate of Ray
Wingard, Sr.
Respectfully Submitted,
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An hony L. -ca, Esquire '-7-~' I
113 Front Street
P.O. Box 358
Boiling Springs, Pennsylvania 17007
(717) 258-6844
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VERIFICATION
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 Ray Wingard, Sr. 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: ~fkv..... \'~J- <0 \ 2ft) S
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Janet Paull
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IN RE: Ray Wingard, SR.
An alleged incapacitated person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-05-0792
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 ofthe petition which has been filed ~y Area
Agency on Aging is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. :!., Cumberland
County Courthouse, Carlisle, Pennsylvania, on September 7 ,2005, at 3:00 ~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
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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.
Date:09-06-05
By:
CI rk, Orphans' Court Division
Cumberland County, Carlisle, P A
My Commission Expires 151 Monday,
January, 2006