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HomeMy WebLinkAbout01-0040 IN RE' ELMER A.. SENERI IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-01-40 RULE WF. COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the ('omrocm Pleas Court, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why if any he has, why the relief requested in said Motion should not be granted. Rule returnable within 7 days of service of this Order upon counsel for Elmer A.Seneri. Witness my hand and official seal of office at CarliSle, Pennsylvania tJ1is 13th day of March, 2001. rl)I1Ut c: . iLL'-"> jh f.l-::cfu-h.-. Mary C. ew~s "\. Clerk of Orphans' Court Cumberland County Carlisle,Pa. (' IN RE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : NO: ~I - 01 - 40 IMPORTANT CITATION WITH NOTICE A petition has been filed with this 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 Vivian McDermott is attached. You are hereby ordered to appear at a hearing to be held in Courtroom : Cumberland County Courthouse, Carlisle, Pennsylvania, on ~ ,.aa~ , 2001, at~M., to tell the Court why it should not find you to be Incapaol ted Person and 'app=6fht 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 n1anage 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 be conducted 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 or full powers to act for you. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE If the Court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a ccntract or gift of your money or other property. If the Court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Cour7. If you do not appear at the hearing (either in person or by an attorney representing you) the Court will still hold the he".ring in your absenc~ and may appoint the Guardian requested. . ........, ." . 1 \.j . " i)" ('\ ,~ By. ) J )(l'Ltj C,. [1...( It' (, t x; <- t. is . 1. A i Ii.-\- " Clerk, Orpnans' Court I~\ t . IN RE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA ORPHANS' COURT DIVISION NO: PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE WITH 20 P A. CONS. STAT. ANN. & 5511 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioner is Vivian L. McDermott, niece of Elmer A. Seneri, the "alleged incapacitated person". ! The alleged incapacitated person was born on February 13. 1924. is 76 years of age. is single and resides at Messiah Village whose post office address is 100 Mount Allen Drive, #433 Laurel Mechanicsburg, Pennsylvania 17055. He has resided there since in or about October 31. 2000. 3. The following persons are to the best of Petitioner' s knowledge, information and belicfthe only living next-of-kin of the alleged incapacitated person: Debby Chellini (Niece) 433 W. Church Avenue Masontown, Pennsylvania 15461 (724) 583-7413 Cathy Guthrie (Niece) 231 Guthrie Road Slllithfield, Pennsylvania 15478 (724) 569-4483 LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE Carol Catalano (Niece) 480 Coo1spring Street, Apt. 404 Uniontown, Pennsylvania 15401 (724) 437-0310 " , Janet Chanaki (Niece) 307 Tygart Street Fairmont, West Virginia 26554 (304) 367-1983 Vivian McDermott (Niece) 212 Barbara Lane Connellsville, Pennsylvania 15425 (724) 628-2670 Ann Seneri (Sister) Beverly Health Care 129 Franklin Avenue Uniontown, P A 15401 (724) 437-2092 Barry Seneri (Nephew) 8609 Six Forks Road Raleigh, N.C. 27615 (919) 554-0799 4. The name and address of the institution providing residential services for the alleged incapacitated person is Messiah Village, 100 Mount Allen Drive, Mechanicsburg, Pennsylvania 17055. 5. To the extent known by Petitioner, the assets of the alleged incapacitated person are valued at approximately $300,000.00, comprising the following: $110,000.00 at Member's First Federal Credit Union, P.O. Box 40, Mechanicsburg, Pennsylvania 17055; a I personal residence at Westfield Condominiums, 147 Easterly Drive, Mechanicsburg, II I' Pennsylvania 17055, valued at $100,000.00; and approximately $90,000,00 comprised of a 1999 Cadillac automobile, fine furniture and other personal property. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 6. Petitioner estimates the alleged incapacitated person's annual income to be $40,000.00, including current monthly Social Security benefits of $621.00. 2 / ,I 7. The alleged incapacitated person was a member of the armed services of the United States and is receiving benefits from the United States Veterans~ Administration. 8. The alleged incapacitated person suffers from~ among other health problems ,asthma~ sleep apnea~ hypertension~ heart ailn1ent (old left frontal infarct), history of constrictive periacditis, Agent Orange exposure (1970) and dementia. 9. Because of his mental and/or physical condition, the alleged incapacitated person is totally unable to manage his financial af1airs~ property and business and to make and communicate responsible decisions relating thereto, including the ability to communicate his need for assistance in these areas. 10. Because of his impaired n1ental and/or physical condition~ the alleged incapacitated person lacks the capacity to make or c0111municate responsible decisions concerning his person and is unable to make decisions in his own best interest. 11. The following alternatives to the appointment of a guardian of the estate have been considered: do nothing and allow a non-fmnily member purportedly appointed at a time when the alleged incapacitated person was incapacitated to make financial decisions for him without input from his relatives~ but these alternatives are ineffective for the following reasons: I Petitioner and other relatives of the alleged incapacitated person do not believe it is in his best I interests to have a non-family member controlling his financial affairs. 12. The severity of the alleged incapacitated person ~ s mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of LAW OFFICES SNELBAKER. BRENNEMAN 8c SPARE his estate be appointed to manage and handle all aspects of the alleged incapacitated person~s estate, specifically including~ but not limited to: all issues relating to his cash, checks~ and any bank or savings accounts held in his name, his stocks and bonds, his personal property ~ his real 3 " ,I estate. his life and other insurance of which he is a beneficiary, his entitlement to any governmental and non-govermnental benefit plans, federal, state, and local taxes, claims made or to be Inade on behalf of him or against him, the execution of docUlnents, entry into contracts affecting hiln and the payment of reasonable compensation or costs to provide services for him. 13. The following alternatives to the appointment of a guardian of the person have been considered: do nothing and allow a non-family member purportedly appointed at a time when the alleged incapacitated person was incapacitated to n1ake decisions regarding his living arrangements and medical care without input from his relatives, but these alternatives are ineffective for the following reasons: Petitioner and other relatives of the alleged incapacitated person do not believe it is in his best interests to have a non-family melnber making decisions regarding his living arrangements and medical care. 14. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of his person be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: his living arrangements, his medical and psychiatric care, the administration of medication to him and the employment and discharge of physicians. psychiatrists, dentists, nurses, therapists and other professionals for his physical and mental treatment and care. 15. Petitioner is aware that the alleged incapacitated person signed a power of attorney on or about September 21, 2000 designating Petitioner's husband, George A. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE McDermott, to serve as his agent over his personal, financial affairs and as his surrogate over his medical care. A copy of said Power of Attorney is attached hereto as Exhibit "A". By letter dated October 2, 2000, from Linda A. Clotfelter, Esquire, Petitioner received notice that the 4 LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE rI September 21. 2000 Power of Attor:ley had purportedly been revoked by Elmer A. Seneri. A copy of said letter IS attached h~reto as Exhibit "B"" Based upon information and belief, Petitioner avers that the alleged incapacitated person executed a limited Power of Attorney on or about October 2, 2000 nanling Dorothv Kyler to serve as his agent. Petitioner does not have a copy of the second Power of Attorney. 16. The proposed plenary guardian of the person of the alleged incapacitated person is Vivian L. McDermott, niece of the alleged incapacitated person, who resides at 212 Barbara Lane, Connellsville, Pennsyl \:mia 15425. 17. The proposed plenary guardian of the person is 59 years of age and is employed as a bank teller at the Scottdale Bank & Trust Co., 301 Arch Street, Connellsville, having graduated with High School diplonla. 18. The proposed plenary guardian of the estate of the alleged incapacitated person is Vivian L. ~1cDermott, a niece of the alleged incapacitated person, who resides at 212 Barbara Lane, Connellsville, Pennsylvania 15425. 19. The proposed guardian of the estate is 59 years of age and is employed as a bank teller at the Scottdale Bank & Trust Co., 301 Arch Street, Connellsville , having graduated with a High School diploma. 20. The proposed plenary guardian has no interest adverse to the alleged incapacitated person. 21, The consent of the proposed plenary guardian is attached as Exhibit "C". 22. No other court has evel assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person 5 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE ~ ::2 3, No other guardian has heen appoin1ed for the estate or person of the alleged incapacitated person. \\'HF RFFORE, Petitioner respectfull y requests that this Court a\\tard a citation directed to Elmer j\. Seneri, the alleged incapacitated person. and to such other persons as this Court may direct, to show cause why he should not he adjudged a fully incapacItated person, and Vivian L. McDermott appointed plenary guardian of hIS estate and his person. . . - , .Z/,,/, "/~' .~..' I , :...: '.. . . i, 1 ;' .' ' ,~..--_. ;' ! .r" ;I":" " I .'J." .. ..' r'..". Ai . ~,.r~_.J..,L--1-~ L .!1::2.z:.:.:~_(., __ Petitioner t) .. POWER OF ATTORNEY OF ELMER ALMO SENERl NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENTJI) BROAD POWERS TO HA...~LE YOUR PROPERTY, WHICH MAY INCLUDE POVlERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPRO V AL BY yOU. rHIS PO\VER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRA..NlED POWERS, BUT VlHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH TIDS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, lJNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. ' THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA. C.S. CH. 56. IF THERE IS ANYTIDNG ABOUT THIS FORM "ffiAT YOU DO NOT u"NDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. DATE: SEPTEMBER 21, 2000 /~J~ ELMER ALMO SENERI PRlNCIPAL 1 EXHIBIT A (Page 1 of 7) .' " POWER OF ATTORNEY OF ELMER ALMO SENERI KNOW ALL MEN BY THESE PRESENTS, that I, ELM"ER ALMO SE:i'~RI, Principal, of Mechanicsburg, Cumberland County, Pennsylvania, have made, constinlted and appointed, and by these presents do make, constitute and appoint GEORGE McDERMOTT my true and lawful Agent, for me in my name, place and stead, and for my use, from time to time, to act in, manage, and conduct all of my business and affairs of every nature whatsoever, and for that purpose to do and perform any and all acts of whatsoever nature which shall or may, in the judgment of my said Agent, be proper and expedient in the management and conduct of my business, property and affairs as fully and effectually in all respects as I myself could do if personally present. A. SPECIFIC POWERS. Without in any way limiting or restricting the generality of the foregoing, but in furtherance thereof, and in partial enumeration only of the powers which I intend to invest in my said Agent, I hereby give full power and authority from time to time) for me and in my name, place and stead, and for my use, and within my Agent's sole discretion: 1. Banking Relationship. To transact all and any of my business with any bank, savings and loan association, Or credit union wherever situated, in which I may have any business relations or connection; to withdraw money from any accountS standing in my name or in which I have any interest, in any of said banks or savings and loan association, and to mat end to dr"aw checks and savings withdrawal slips on any of said banks Or savings and loan associations; to endorse checks, drafts, and bills of exchange "for collection or deposit; to have access to open and remove the contents of any safety deposit box that I may have at any bank, and to terminate my use of such box. 2. PrODertv. To buy, sell, mortgage, lease, repair, improve and deal in any and all of my property, whether real, personal Or mixed, whether owned by me now or hereafter; and to make, execute any and all deeds, leases, mortgages, bills of sale and other instrwnents of lease, transfer or conveyance as may be necessary or advisable in the premises; to borrow and to mortgage and pledge my assets as security therefor and to lend money or assets now or hereafter belonging to me, with or without security and upon such terms and conditions as my Agent deems appropriate; and to invest and reinvest my funds in such stocks, bonds, mutual funds" securities, certificates of deposit, .notes, annuities, land contracts, insurance policies, mortgages' or other investments as my Agent may deem in my best interest and in the best interest of my estate. My Ag-ent is expressly authorized to execute share liquidations or exercise check writing privileges with respect to any mutual funds which I may own. 3. Insurance. To procure. provide for, obtain, agree to obtain, pay for. provide for payment of, enforce payment of, to assign, transfer, receive payment of, and to settle, 2 EXHIBIT A (Page 2 of 7) .. PQV.JER OF ATTO&"'ffiY OF ELMER ALMO SENERI or compromise claims in connection with, any and all policies of insurance, including, but not limited to, life, title, fire, extended coverage, burglary, theft, fidelity, public liability, automobile, health, medical and accident and all other types of insurance of every kind whatsoever. 4. Execution of Documents. To sign any and all applications, requests for pe~lts, and papers that may be reqUired at any time by any local, state or federal agencies; to make, execute and deliver my income tax returns, personal property or intangible ta.~returns and any and all other returns, disclosure or reports or otber instrWnents of like nature required by any govemmental authority. 5. Employment of Advisors. Retain and pay agents, employees, accountants, counsel (including investment counsel) for advice and other professional services including a bank, trust company or brokerage firm to act as custodian for my assets. 6. ComDTomise of Claim. To agree to, to perform or refuse to perform, and to ask for, demand, adjust, settle, compromise and/or sue or submit to arbitration, any and all contracts, accounts, claims, demands, disputes, and other matters which are now sub~isting Ot which may hereafter arise between me or betWeen my said Agent acting on my behalf, and any other person, including, but not limited to, any dispute between me and the Internal Revenue Service or the Pennsylvania Department of Revenue or any other taxing authority. 7. Rel)resentation before Internal Revenue Service. To execute on my behalflntemal Revenue Service Powers of Attorney (Forms 2$48 and 2848-D or successor forms) for the purpose of authorizing my Agent or any person or persons designated by my Agent to represent me before the Internal Revenue Service. My Social SecuritY Number is / IJ g - I B..:- 'I' ~ . 8. Powers Pursuant to Section 5603 of thePennsvlvania Probate. Estates and Fiduciaries Code. To take such actions as may be required to effect any of the following transactions pursuant to the terms of that statute or such successor statutes as may then exist, including: (a.) Power to Make Limited Gifts. To make limited gifts. (b.) Power to Create a Trust or to Make Additions to An Existine Trust. To create a trust for my benefit and to make additions to any existing trust or trUSts for my benefit. (c.) Power to Claim an Elective Share. To claim an elective share in the estate of my deceased spouse and to disclaim interests in any property where required to do so by law. 3 EXHIBIT A (Page 3 of 7) I' ,. POWER OF ATTORNEY OF ELMER ALMO SENERI (d.) Power to Disclaim an Interest ;n PronertV. To disclaim any interest in property to which I may become entitled. (c.) Power to RenOWlce Fiduciarv Positions. To renOUDce fiduciary positions. (f.) Power to Withdraw Income or Corpus from a Trust. To withdraw and receive the income or corpus from a truSt of which I may be a beneficiary or over which I may hold a power to withdraw income or corpus. (g_) Power to Authorize Admission to a Medical Facility. To authorize my admission to a medical, nursing, residential or similar facility, and to enter into agreements for my care. (h.) Power to Authorize Medical and SUrl~ical Procedures. To authorize medical and surgical procedures. 9. Power to Refuse Medical and SurelcaJ Procedures. To refuse to authorize medical or surgical procedures for me. 10. Chan~e of Residence or Domicile. To change my residence or domicile. B. POWER OF ATTORNEY NOT AFFECTED BY DISABll..ITY. This Power of Attomey shall not be affected by the disability of the Principal. My intention is that the authority conferred herein shall be exercisable by my Agent notwithstanding my later disability or incapacity or any later uncertainty as to whether I am dead or alive. C. REVOCATION. This Power of Attorney shall become effective on this 2] st day of September, 2000, and continue in full force and effect until the earlier of: 1. The date on which I personally deliver or deposit in the mail certified, rerum receipt requested, a written notice of revocation addressed to my Agent; or 2. The date of my death. D. AFFIDAVIT OF LACK OF KNOWLEDGE OF REVOCATION. My Agent may execute an affidavit stating that at the time of doing any act on my behalf he had no actual knowledge of the revocation of this Power of Attorney as provided in Section C. hereof. In the absence of fraud. such affidavit shall constitute conclusive proof of the non-revocation of this Power of Attorney at that time. . 4 EXHIBIT A (Page 4 of 7) ,t ,I POVlER OF ATTORN"EY OF ELMER ALMO SENERl E. MISCELLANEOUS. 1. Ratification. I do hereby, for myself, my heirs. executors, and administrators, ratify and confnm and agree to ratify and confmn whatsoever my said Agent shall do by virtue of these presents. 2. Indemnification. For the purpose of inducing any bank, truSt company, ~avings and Joan association, savings bank, brokerage firm or any other fmancial institution to recognize tbis instrument, irrespective of any specific or particular form of Power of Attorney any such institution may nonnally use or require, I, the Principal, hereby agree that any such bank, trust company, savings and loan association, savings bank, brokerage firm or. any other financial institution, and their respective successors and assigns, shall be indemnified and held harmless by me and my estate from any loss suffered or liability incurred by it or them in acting hereunder until a Certificate of Death certifying to my death shall issue and actual notice thereof be received by said bank, trust company, savings and loan associatio~ savings bank, brokerage firm or any other financial institution, and their respective successors and assigns, or until actual notice of a lawful termination according to law shall be received by it or them. 3. Execution. With respect to all powers granted herein, I authorize my Agent to make and execute any and all applications, consents, releases, assurances, contracts, deeds, trust instruments and instruments which may be requisite or proper to effectuate this power. 4. PennSYlvania Law. This Power of Attorney shall be construed U.1 accordance with the laws of the Commonwealth of Pennsylvania. 5. Paragraph Headin~s. The paragraph headings contained in this Power of Attorney are for convenience only and shall in no way be construed to be part of this Power of Attorney. 5 EXHIBIT A (Page 5 of 7) " .' PQ\VER OF ATTORNEY OF ELMER ALMO SENERl IN WITNESS WHEREOF, I, the said ELMER ALMO SENERI, Principal, have hereunto set my hand this 21st day of September, 2000. SEALED and DELIVERED in'the presence of us: ~~~~O ~ .~ 'ELMER ALMO SENERl Principal COMMONWEALTH OF PEl\~SYLVANIA SSe COITNTY Of CUMBERLAND On this the 21st day of September, 2000, before me. the undersigned officer, personally appeared ELMER ALMO SENERI, satisfactorily proven to be the person whose name is subscribed to the foregoing instrument, as the Principal, and acknowledged that he has executed the same for the uses and purposes therein ex.pressed, as his own free act and deed by signing his name thereto. L~ \VITNESS WHEREOF ~ I hereunto set my name and official seal the day and year first above written. -.~ ~AJU. Notary Public NOTARIAL SEAL HELEN E. RASMUsstM. tctary NJlIc Camp HiIJ Borough. Cumberland County My Comm~1on expires Aug. 2.2003 _. 6 EXHI;BIT A (Page 6 of 7) " .' 0" POVlER OF A TIORNEY OF ELMER ALMO SE}""'ERl I. GEORGE McDERMOTT. have read the attached Power of Attorney and am the person identified as the Agent for the Principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the Power of Attorney or in 20 Pa. C.S. when r act as Agent I shall exercise the powers for the benefit of the Principal. I shall keep the assets of the Principal separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the Principal. Date: September 2], 2000 ~&~~ " GEORG McDERMOTT Agent COMM:ONWEALTH OF PL~SYLVANIA ss. COL~TYOFCUMEERL~~D On this the 21 st day of September, 2000, before me, the lmdersigned officer, personally appeared GEORGE McDERMOTT, satisfactorily proven to be the person whose" name is subscribed to the foregoing instrument, as the Agent, and acknowledged that he has executed the same for the "uses and purposes therein expressed, as his own free act and deed by signing his name thereto. IS WiTNESS WHEREOF, I hereunto set my name and official seal the day and year first aoove written.. 2 -J'kG ~'- ~tary Public NOTARIAL SEAL HElEN E. RASMUSSEN. HobUy Public Camp Hl/I Borough. Cwnberland County My Commission ExpIres Aug. 2. 2003 7 EXHIBIT A (Page 7 of 7) ~ '. . . ... \ .. , .' J CERTIFIED TO BE-A TRUE AND CORRECT . COpy OF THE ORIGINAL REVOCATION OF POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: \VHEREAS, I, ELMER A. SENERI, did heretofore, by a certain instrument in writing dated September 21,2000 empower GEORGE McDER110TT, to be my Agent, in my name and for my use, to perform and do certain matters and things as is fully set forth in said writing: \VHEREAS I, ELMER A. SENERI, for good cause and valuable consideration, have revoked, recalled, countermanded, and made void, and by these presents do revoke, recall, countermanded, and to all intents and purposes make null, void and of no effect, any and all said recited writings, and all powers and authorities therein and thereby given and granted, and all of the matters and things therein or in any of them cODtained, in all acts~ matters and things whatsoever which shall or may be acted, done, or performed, by virtue or means thereof, in any manner whatsoever. Said revocation shall be effective the 2nd day of October, 2000. IN WI1NESS \VHEREOF, I hereunto set my hand and seal this 2nd day of October, 2000. WITNESS: ~{).af1p~ ~.L.~ Jb6."~ ,- 'J~ " -- <.-- " c~~(;,/ ~~ " ELMER A. -Rl EXHIBIT B (page 1 of 2) . I . \ .J' .' , .~ COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND On this ~ day of October, 2000, before me, the undersigned officer, personally appeared ELM:ER A_ SEl\.'"ERl, known to me (or satisfactorily proven) to be the person whose Dame is subscribed to; the within instruments and acknowJedged that he executed the same for the purposes therein contained. IN WITh"ESS "WHEREOF, I hereunto set my hand and officiaJ seats. CLL~ J? J1~~ . Y NOTARY PUBLIC ..... Notarial S~al Theodore A. GrjiJ:. :.!IjI~I~' Pu~\ic Lemoyne Boro. C";1111eN.r"':: (,:LJrl~Y My Commlssloh E)+" ~!. Nev. ~S, 2002 N~tarjaJ S eaJ Thoodore A. Grdjan. Notary Public Le~lOynEl. Boro, Cumberland County My t,;omrrnsslon Expir8$ NOv. 25, 2002 EXHIBIT B (Page 2 of 2) t . I . LAW OFFICES SNELBAKER. BRENNEMAN & SPARE , J , . . l " \ ~ CONSENT OF GUARDIAN TO APPOINTMENT I, VIVIAN L. McDERMOTT, hereby consent to act as the Guardian of the Estate and Guardian of the Person of Elmer A. Seneri. I reside at 212 Barbara Lane, Connellsville, Pennsylvania 15425 and am employed as a bank teller for Scottdale Bank & Trust Company. I am a citizen of the United States of America and can speak, read and write the English language. I have no interest adverse to Elmer A. Seneri, the alleged incapacitated person. '-'" '.. I.. ~> <, ,! . . ..... .... ...__ __ _,( c' C," /2 .~j) II/{} j,t.L.';., },,/{.:(,.:{ /--. Vivian L. McDermott, Proposed Guardian Date: January 2, 2001 EXHIBIT "C" , I . . LAW OFFICES SNELBAKER. BRENNEMAN & SPARE , '4' , " , " t' ,. VERIFICATION I verify that the statements made in the foregoing Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person in Accordance with 20 Pa. Cons. Stat. Ann. ~ o() 11 are true and lurrect. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 9 4904 relating to unsworn falsification to authorities. r.' ! C")" .' . ':- . /j 1'. , -..... , .- / '_/'.' I.,~. _ .__;-1-E--L.Ci../-7/1/) / lie . / j./( ,"j?1.-t"- -r-c ,. 'Vivian L. McDermott Date: January 2 , 200L IN RE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: (;2 j - 0 1- LI'J ORDER /'\ I i day of .7(('XU:~)'- 200 1, upon consideration of the / Petition for Adjudication of Incapacity and Appointment of Plenary Guardian in the above- AND NOV/, this . () { I captioned matter, the Clerk of the Orphans' Court is hereby directed to issue a Citation upon Elmer A. Seneri to show cause why the relief requested should not be granted and to schedule a hearing to determine the merits of the averments contained in said Petition. 1. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE SHERIFF'S RETURN - REGULAR CASE NO: 2101-00040 0 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IN RE: VS SENERI ELMER A CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within CITATION WITH NOTICE was served upon SENERI ELMER A the DEFENDANT , at 1103:00 HOURS, on the 26th day of January , 2001 at MESSIAH VILLAGE 100 MT ALLEN DR # 433 LAUREL MECHANICSBURG, PA 17055 by handing to ELMER A. SENERI a true and attested copy of CITATION WITH NOTICE together with PETITION FOR ADJUDICATION OF INCAPACITY and at the same time directing His attention to the contents thereof. Additional Comments STEPHANI BARNHART, MANAGER OF MESSIAH VILLAGE, WITNESSED THE SERVICE MADE UPON DEFT BY CPL. REITZ. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 6.82 .00 10.00 .00 34.82 So Answers :",. 7~~:':;'''C:'~"( R. Thomas Kline 01/29/2001 SNELBAKER BRENNEMAN Sworn a~d Subscribed to before By: 30tL day of me this .J:t.:1, LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE IN RE: ELMER A. SENERI tY : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 2001-0040 ORDER AND NOW, this :.~ di day of February, 2001, upon consideration of the Court's scheduling needs, the hearing scheduled in the above referenced matter has been changed from 1:30 P.M. on Wednesday, February 2R 2001 to 2:30 P.M. on that same date. cc: Elmer A. Seneri - , Philip H. Spare, Esquire BY THE COUR',P,' ( ~ / " rit 'i V',., /" Edgar B. Bayley)J. ~ ~ INRE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 2001-0040 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the undersigned certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) certificate, a copy of the notice of intent, including the proposed subpoena, is attached to this (3) no objection to the subpoena has been received, and ( 4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: February 20, 2001 ~re Attorney ID #65200 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorney for Petitioner Virginia McDermott LAW OFFICES SNELBAKER. BRENNEMAN & SPARE INRE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION NO: 2001-0040 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Petitioner Vivian McDermott intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Snelbaker, Brenneman & Spare, P. C. Date: January 29,2001 By: Yd4;l~-< PhIlip H~' Spare, Esquire Attorney ID #65200 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Petitioner Vivian McDermott LAW OFFICES SNELBAKER. BRENNEMAN & SPARE INRE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF :. CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 2001-0040 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital Attn: Medical Records 503 N. 21 st Street Camp Hill, P A 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all emergency room records and reports, admission reports, discharge reports and summaries, physicians' and nurses' notes and reports, prescription orders, laboratory test orders and results, x-ray reports together with any and all other documents pertaining to the treatment and care of Elmer A. Seneri, social security number 198-18-6162, at your facility in or about September 2000 to discharge. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things requested by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Philip H. Spare, Esquire Attorney ID #65200 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorney for Petitioner Vivian McDermott Date: January 29, 2001 BY THE COURT: LAW OFFICES SNELBAKER. BRENNEMAN & SPARE By Seal of the Court -. INRE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO: 2001-0040 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the undersigned certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) certificate, a copy of the notice of intent, including the proposed subpoena, is attached to this (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: February 20, 2001 ~ ' ~ pliilip. . . Spa e, Esquire Attorney ID #65200 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorney for Petitioner Virginia McDermott LAW OFFICES SNELBAKER, BRENNEMAN & SPARE INRE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY~ PENNSYLVANIA : ORPHANS~ COURT DIVISION : NO: 2001-0040 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Petitioner Vivian McDermott intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Snelbaker, Brenneman & Spare, P. C. Date: January 29,2001 /-:J?1', . /' /{ "~I ' By: '~, 4..'? -:f- y~~ Philip . Spare, Esquire Attorney ID #65200 44 W. Main Street Mechanicsburg~ P A 17055 (717) 697-8528 Attorneys for Petitioner Vivian McDermott LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE INRE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 2001-0040 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Shaffer Cardiovascular Associates 690 N. Ith Street Lemoyne, PA 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all office notes, records. charts and files together with any and all other documents pertaining to the examination, testing and/or treatment of Elmer A. Seneri for the time period of January 2000 to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things requested by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Philip H. Spare, Esquire Attorney ID #65200 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorney for Petitioner Vivian McDermott Date: January 29, 2001 BY THE COURT: LAW OFFICES SNELBAKER. BRENNEMAN & SPARE By Seal of the Court IN RE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 2001-0040 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the undersigned certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) certificate, a copy of the notice of intent, including the proposed subpoena, is attached to this (3) no objection to the subpoena has been received, and ( 4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date:. February 20, 2001 p~f&uire Attorney ID #65200 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorney for Petitioner Virginia McDermott LAW OFFICES SNELBAKER. BRENNEMAN & SPARE INRE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO: 2001-0040 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Petitioner Vivian McDermott intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Snelbaker, Brenneman & Spare, P. C. Date: January 29, 2001 ,~ ~'.(/- By: ~~~~ Philip . Spar , EsqUIre Attorney ID #65200 44 W. Main Street Mechanicsburg. P A 17055 (717) 697-8528 Attorneys for Petitioner Vivian McDermott LAW OFFICES SNELBAKER, BRENNEMAN & SPARE INRE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 2001-0040 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Jonathan P. Whitney 425 N. 21 st Street Camp Hill, PA 17011 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all office notes, records, charts and files together with any and all other documents pertaining to the examination, testing and/or treatment of Elmer A. Seneri for the time period of January 2000 to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things requested by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Philip H. Spare, Esquire Attorney ID #65200 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorney for Petitioner Vivian McDermott Date: January 29, 2001 BY THE COURT: LAW OFFICES SNELBAKER. BRENNEMAN & SPARE By Seal of the Court . , . INRE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 2001-0040 CERTIFICATE PREREQUISITE TO SERVICE OF A SUBPOENA PURSUANT TO RULE 4009.22 As a prerequisite to service of a subpoena for documents and things pursuant to Rule 4009.22, the undersigned certifies that (1) a notice of intent to serve the subpoena with a copy of the subpoena attached thereto was mailed or delivered to each party at least twenty days prior to the date on which the subpoena is sought to be served, (2) certificate, a copy of the notice of intent, including the proposed subpoena, is attached to this (3) no objection to the subpoena has been received, and (4) the subpoena which will be served is identical to the subpoena which is attached to the notice of intent to serve the subpoena. Date: February 20, 2001 Plillip are, Esquire Attorney ID #65200 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorney for Petitioner Virginia McDermott LAW OFFICES SNELBAKER. BRENNEMAN & SPARE INRE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 2001-0040 NOTICE OF INTENT TO SERVE A SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 Petitioner Vivian McDermott intends to serve a subpoena identical to the one that is attached to this notice. You have twenty (20) days from the date listed below in which to file of record and serve upon the undersigned an objection to the subpoena. If no objection is made the subpoena may be served. Snelbaker, Brenneman & Spare, P. C. Date: January 29, 2001 '~~- . , , 1 ' ~. . By: 'i-- 'L ) t, -\.... PhIlip . Spare, Esquire Attorney ID #65200 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Petitioner Vivian McDermott LAW OFFICES SNELBAKER. BRENNEMAN & SPARE INRE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : NO: 2001-0040 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Dr. Albert Heck 108 Lowther Street Lemoyne, P A 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all office notes, records, charts and files together with any and all other documents pertaining to the examination, testing and/or treatment of Elmer A. Seneri for the time period of January 2000 to the present. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things requested by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Philip H. Spare, Esquire Attorney ID #65200 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorney for Petitioner Vivian McDermott Date: January 29, 2001 BY THE COURT: LAW OFFICES SNELBAKER. BRENNEMAN 8c SPARE By Seal of the Court IN RE: ELMER A. SENERI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHAN'S COURT DIVISION NO. 2001-0040 PETITION FOR CONTINUANCE TO THE HONORABLE EDGAR B. BAYLEY AND NOW, comes the alleged incapacitated person, Elmer A. Seneri, by and through his counsel, Law Offices of Craig A. Diehl, and respectfully presents this Petition for Continuance for the hearing scheduled for February 28,2001, at 2:30 p.m., setting forth the following reasons and facts relied upon to justify a continuance: 1. Petitioner, Vivian L. McDermott, filed her Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person on January 25, 2001. 2. Pursuant to the Sheriff s Affidavit filed of record in this Honorable Court, the Petition was served on or about January 26,2001. The alleged incapacitated person, Elmer A. Seneri, has sought the assistance of Craig A. Diehl, Esquire, of Law Offices of Craig A. Diehl, to represent him at the hearing scheduled to take place on February 28,2001, at 2:30 p.m., before the Honorable Edgar B. Bayley. 3. Counsel for the alleged incapacitated person has a direct scheduling conflict with the hearing date as presently scheduled in this matter. 4. Counsel is required to be in Federal Bankruptcy Court in York County, Pennsylvania, for a hearing scheduled to take place on the same date and at the same time as the hearing in this matter. Because of the direct scheduling conflict, counsel for the alleged incapacitated person now seeks a continuance of this matter. In further support of this request, counsel for the alleged incapacitated person was served with four (4) Notices of Intent to Serve Subpoena from counsel for Petitioner. 5. It appears from Petitioner's Notices of Intent to Serve Subpoena that Petitioner will be attempting to compile the alleged incapacitated person's various medical records prior to the hearing in this matter. 6. A continuance of the presently scheduled hearing would permit Petitioner adequate time to compile the medical records she seems to feel are necessary for the hearing on this matter. 7. This is the first request for a continuance in this matter. WHEREFORE, the alleged incapacitated person, Elmer A. Seneri, by and through his counsel, Law Offices of Craig A. Diehl, respectfully requests that this Honorable Court grant a continuance in this action. Respectfully submitted, LA W OFFICES OF CRAIG A. DIEHL Dated: J./ It; Ie I I I By: ~olr~ Craig . Diehl, Esquire Supreme Court I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 IN RE: ELMER A. SENERI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHAN'S COURT DIVISION NO. 2001-0040 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Philip H. Spare, Esquire SNELBAKER, BRENNEMAN & SPARE P.O. Box 318 44 West Main Street Mechanicsburg, P A 17055 LAW OFFICES OF CRAIG A. DIEHL Date: 2-/2-0/0 I I I B.L '~u1-.,mff1..I J ~A. Mo-;;?e, egal Secretary 3464 Trindle Road Camp Hill, P A 17011 (717) 763-7613 IN RE: ELMER A. SENERI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHAN'S COURT DIVISION NO. 2001-0040 ANSWER TO PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON AND NOW, comes Elmer A. Seneri, (hereinafter "Seneri") by and through his counsel, Law Offices of Craig A. Diehl, and files this response to Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person as filed by Vivian L. McDermott, respectfully stating in response thereto the following: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted in part and denied in part. It is admitted only that the alleged incapacitated person has suffered from some health problems. However, the allegations of this paragraph are specifically denied, and strict proof thereof is demanded at trial. 9. Denied. It is specifically denied that the alleged incapacitated person is totally unable to manage his financial affairs, property, and is unable to communicate responsible decisions relating thereto. In further answer hereof, he is able to manage his affairs appropriately and has consistently communicated responsible decisions as well as his need for assistance if any. Therefore, strict proof of the allegations of this paragraph is demanded at trial in this matter. 10. Denied. It specifically denied that the alleged incapacitated person's mental and/or physical condition is such that he lacks the capacity to make or communicate responsible decisions concerning his person and it is further denied that he is unable to make decisions in his own best interest. In further answer hereof, the alleged incapacitated person is able to make and/or communicate responsible decisions concerning his person and he is also able to make decisions in his own best interest. Therefore, strict proof of the allegations of this paragraph is demanded at trial in this matter. 11. Denied. It is specifically denied that the alleged incapacitated person is presently incapacitated or was incapacitated at the time he designated anon-family member as his attorney-in-fact. It is further denied that the efforts of a non-family member in handling the alleged incapacitated person's affairs are ineffective and it is further denied that it would be in the alleged incapacitated person's best interest to have a family member controlling his financial affairs. In fact, it would not be in the best interest of the alleged incapacitated person to have Petitioner handle his financial affairs because, as a named beneficiary in his Last Will and Testament, she has a direct financial interest in the amount of money expended on the incapacitated person's care. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 12. Denied. It is denied that the alleged incapacitated person suffers from such mental and/or physical condition that would render him incapacitated under Pennsylvania law and it is further denied that a plenary guardian of his estate should be appointed. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 13. Denied. It is specifically denied that the alleged incapacitated person is presently incapacitated or was incapacitated at the time he designated a non- family member as his attorney-in-fact. It is further denied that the efforts of a non-family member in handling the alleged incapacitated person's affairs are ineffective and it is further denied that it would be in the alleged incapacitated person's best interest to have a family member controlling his financial affairs. In fact, it would not be in the best interest of the alleged incapacitated person to have Petitioner handle his financial affairs because, as a named beneficiary in his Last Will and Testament, she has a direct financial interest in the amount of money expended on the incapacitated person's care. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 14. Denied. It is denied that the alleged incapacitated person suffers from such mental and/or physical condition that would render him incapacitated under Pennsylvania law and it is further denied that a plenary guardian of his estate should be appointed. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 15. Denied. The allegations of this paragraph are specifically denied as the documents are such that the terms thereof speak for themselves. Therefore, strict proof of the allegations of this paragraph is demanded at trial. 16. Denied. The allegations of this paragraph are denied to the extent that same state a conclusion to which no responsive pleading is required. 17. Admitted. 18. Admitted. 19. Admitted. 20. Denied. It is specifically denied that the proposed plenary guardian has no interest adverse to the alleged incapacitated person. In further answer hereof, the proposed plenary guardian has a direct conflicting interest with the alleged incapacitated person due to her designation in the alleged incapacitated person's Last Will and Testament as a beneficiary. In further answer hereof, the proposed plenary guardian, due to her conflicting interests with those of the alleged incapacitated person is not qualified to serve as guardian. In addition, the alleged incapacitated person has available to him the support of a non- family member who's interests do not conflict with those of alleged incapacitated person, namely, Dorothy Kyler. The alleged incapacitated person had appointed Ms. Kyler as his agent by Durable Power of Attorney dated October 2, 2000. Therefore, strict proof of the allegations of this paragraph is demanded at the trial in this matter. 21. Denied, as no responsive pleading is required thereto. 22. Admitted. 23. Admitted. WHEREFORE, the alleged incapacitated person, Elmer A. Seneri, respectfully requests that this Honorable Court deny the Petition of Vivian L. McDermott to have him declared an incapacitated person and appoint a plenary guardian of the estate in person. Respondent further requests that ifhe is deemed incapacitated under Pennsylvania law his present agent, Dorothy Kyler, be appointed plenary guardian of his estate and person, and grant such other relief as this Court deems just and proper. Dated: Respectfully submitted, LAW OFFICES OF CRAIG A. DIEHL ~ I, i In , I f By: (l. if. a 1J;, JJ. Craig .. DIehl, EsquIre Supreme Court I.D. No. 52801 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 IN RE: ELMER A. SENERI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHAN'S COURT DIVISION NO. 2001-0040 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Philip H. Spare, Esquire SNELBAKER, BRENNEMAN & SPARE P.O. Box 318 44 West Main Street Mechanicsburg, P A 17055 LA W OFFICES OF CRAIG A. DIEHL Date: 2-j1..0 / (; i , IN RE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 21-01-40 ORPHAN'S COURT DIVISION ORDER OF COURT AND NOW, this 2-." day of February, 2001, the petition for a continuance is granted and the hearing is rescheduled for Monday, April 9, 2001, at 1 :30 p.m., in Courtroom Number 2. ;/ .' ~, Edgar B. Bayley!,J. ~ Philip H. Spare, Esquire Criag A. Diehl, Esquire :saa LAW OFFICES SNELBAKER. BRENNEMAN & SPARE IN RE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 21-01-40 ORDER And now this day of March, 2001, upon consideration of Petitioner's Motion to Obtain Release of Medical Records, said Motion is hereby granted and Holy Spirit Hospital is directed to prepare and deliver the medical records set forth in the subpoena served February 20, 2001. By the Court, J. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE IN RE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 21-01-40 ORDER And now ~ this I/j,j-. day of March, 2001, upon consideration of Petitioner's Motion to Obtain Release of Medical Records, a rule is hereby issued upon Elmer A. Seneri, to show cause, if any he has, why the relief requested in said Motion should not be granted. Rule returnable within ~ days of service of this Order upon counsel for Elmer .A.. Senen. ~ )' By the Court, /Uf ~- } J. LAw OFFICES SNEL8AKER. BRENNEMAN & SPARE r i= INRE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 21-01-40 TO THE HONORABLE EDGAR B. BAYLEY: MOTION TO OBTAIN RELEASE OF MEDICAL RECORDS And now, comes the Petitioner, Vivian L. McDermott, by her attorneys, Snelbaker, Brenneman & Spare, P.C. and moves your Honorable Court as follows: 1. At issue in this proceeding scheduled for hearing on April 9, 2001 is the mental capacity of Elmer A. Seneri. 2. By subpoena served February 20, 2001 upon Holy Sprit Hospital, Petitioner attempted to obtain medical records necessary to determine Mr. Seneri' s capacity. A copy of said subpoena is attached hereto as Exhibit "A" and incorporated herein by reference. 3. On or about February 21, 2001, counsel for Petitioner received a telephone call from Cindy Kasten, who identified herself as the Records Administrator for Holy Spirit Hospital Community Mental Health Center. She indicated that the medical records requested involved mental health records and would not be released without authorization from Mr. Seneri or a court order. 4. Counsel for Petitioner has made two written requests upon Craig A. Diehl, Esquire, requesting that Attorney Diehl's client, Elmer A. Seneri, sign the authorization form required by Holy Spirit Hospital to have the medical records released. LAW OFFICES SNELBAKER. BRENNEMAN Be SPARE 5. Counsel for Petitioner has not received any response from Attorney Diehl in response to the two written requests for Mr. Seneri to sign the necessary authorization forms. 6. The medical records requested are relevant to resolving the issues before the Court at the April 9, 2001 hearing. WHEREFORE, Petitioner Vivian L. McDermott respectfully requests your Honorable Court to issue an order directing Holy Spirit Hospital to release the medical records as requested in the subpoena served on February 20,2001. In the alternative, Petitioner requests that a Rule to Show Cause be issued upon Elmer A. Seneri to show cause, if any he has, why the medical records should not be released. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By: "I Phil H. Sp , Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Petitioner, Vivian L. McDermott Date: March 8, 2001 -2- INRE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF :. CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION NO: 2001-0040 SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Holy Spirit Hospital Attn: Medical Records 503 N. 21 st Street Camp Hill, P A 17043 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: Any and all emergency room records and reports, admission reports, discharge reports and summaries, physicians' and nurses' notes and reports, prescription orders, laboratory test orders and results, x-ray reports together with any and all other documents pertaining to the treatment and care of Elmer A. Seneri, social security number 198-18-6162, at your facility in or about September 2000 to discharge. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things requested by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. This subpoena was issued at the request of the following person: Philip H. Spare, Esquire Attorney ID #65200 44 W. Main Street Mechanicsburg, P A 17055 (717) 697-8528 Attorney for Petitioner Vivian McDermott Date: January 29, 2001 BY THE COURT: LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE By Seal of the Court EXHIBIT A LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Motion to Obtain Release of Medical Records to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011 Philip H. pare, Es uire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Petitioner, Vivian L. McDermott Date: March 8, 2001 LAW OFFICES SNELBAKER, BRENNEMAN Be SPARE r ' IN RE: ELMER A. SENERI And now. this Z-s ,. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY~ PENNSYLVANIA ORPHANS' COURT DIVISION NO: 21-01-40 ORDER day of March, 200 1 ~ upon consideration of the Motion to Make Rule Absolute, said Motion is granted and Holy Sprit Hospital is ordered and directed to release the medical records of Elmer A. Seneri to the law firm of Snelbaker, Brenneman & Spare. P.C. BY THE COURT, , \, / LAW OFFICES SNELBAKER. BRENNEMAN & SPARE IN RE: : IN THE COURT OF COM~10N PLEAS OF : CUMBERLAND COUNTY~ PENNSYLVANIA ELMER A. SENERI ORPHANS' COlTRT DIVISION NO: 21-01-40 MOTION TO MAKE RULE ABSOLUTE And now~ comes the Petitioner, Vivian L. McDermott, by her attorneys, Snelbaker, Brenneman & Spare~ P.C. and moves your HonOlable Court to make the March 14~ 2001 Rule absolute based upon the following: 1. On March 8, 2001, Petitioner filed a Motion to Obtain Release of Medical Records, a copy of which (without Exhibits) is attached hereto and incorporated herein by reference. 2. Said Motion was served upon Craig A. Diehl, Esquire, counsel for Elmer A. Seneri. on March 8~ 2001. 3. Your Honorable Court entered a Rule dated March 13,2001 upon Elmer A. Seneri to show cause. if any he had, why the relief requested in the Motion to Obtain Release of Medical Records should not be granted. 4. Said Rule was returnable within seven (7) days of service. 5, Said Rule was served upon Craig A.. DiehL Esquire, counsel for Elmer A. Seneri by first-class nlail sent March 16, 2001. 6. No response to said Rule has been received by undersigned counselor tiled \Aith the Court as of the presentation of this .fvlotion. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 7. Attorney Diehl verbally informed the undersigned counsel that no objection to the Motion to Obtain Release of Medical Records would be made. WHEREFORE, Petitioner Vivian L. McDennott respectfully requests your Honorable Court to enter an Order making the rule absolute and ordering Holy Spirit Hospital to release the medical records sought as described in the underlying subpoena. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By: ({i- kf--~ C' --[I ~ Phili . H. Sp ) , EsqUIre 44 West Main Street P.O.Box318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Petitioner. Vivian L. McDermott Date: March 23,2001 -2- LAW OFFICES SNEL8AKER. BRENNEMAN & SPARE INRE: ELMER A. SENERI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: 21-01-40 TO THE HONORABLE EDGAR B. BAYLEY: MOTION TO OBTAIN RELEASE OF MEDICAL RECORDS And now, comes the Petitioner, Vivian L. McDermott, by her attorneys, Snelbaker, Brenneman & Spare, P.C. and moves your Honorable Court as follows: 1. At issue in this proceeding scheduled for hearing on April 9, 2001 is the mental capacity of Elmer A. Seneri. 2. By subpoena served February 20, 2001 upon Holy Sprit Hospital, Petitioner attempted to obtain medical records necessary to determine Mr. Seneri's capacity. A copy of said subpoena is attached hereto as Exhibit "A" and incorporated herein by reference. 3. On or about February 21, 2001, counsel for Petitioner received a telephone call from Cindy Kasten, who identified herself as the Records Administrator for Holy Spirit Hospital Community Mental Health Center. She indicated that the medical records requested involved mental health records and would not be released without authorization from Mr. Seneri or a court order. 4. Counsel for Petitioner has made two written requests upon Craig A. Diehl, Esquire, requesting that Attorney Diehl's client, Elmer A. Seneri, sign the authorization form required by Holy Spirit Hospital to have the medical records released. LAW OFFICES SNELBAKER. BRENNEMAN & SPARE 5. Counsel for Petitioner has not received any response from Attorney Diehl in response to the two written requests for Mr. Seneri to sign the necessary authorization forms. 6. The medical records requested are relevant to resolving the issues before the Court at the April 9, 2001 hearing. WHEREFORE, Petitioner Vivian L. McDermott respectfully requests your Honorable Court to issue an order directing Holy Spirit Hospital to release the medical records as requested in the subpoena served on February 20, 2001. In the alternative, Petitioner requests that a Rule to Show Cause be issued upon Elmer A. Seneri to show cause, if any he has, why the medical records should not be released. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. ~./ Q By: " "-. .L-......e Phil H. Sp , Esquire 44 West Main Street P.O.Box318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Petitioner, Vivian L. McDermott Date: March 8, 2001 -2- LAW OFFICES SNELBAKER. BRENNEMAN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Motion to Make Rule Absolute to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Craig A. Diehl, Esquire 3464 Trindle Road Camp Hill, PA 17011 .~.\ . / . / i"'P~iP ..: S~ire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for Petitioner, Vivian L. McDermott Date: March 23, 2001 INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELMER A. SENERI ORPHANS' COURT DIVISION NO: 2001-0040 : INCAPACITY PROCEEDINGS ORDER OF COURT A.ND NOvV, this ~ day of April, 2001, upon consideration of the April 4, 2001 letter from Philip H. Spare, Esquire, of the law firm of Snelbaker, Brenneman & Spare, P.C. on behalf of Petitioner, the hearing scheduled in this Inatter for April 9, 2001 at 1:30 P.M. is hereby continued generally by agreement of the parties. The matter may be relisted for hearing at the request of either party. cc: Craig A. Diehl, Esquire Philip H. Spare, Esquire LAW OFFICES SNELBAKER, BRENNEMAN & SPARE SNELBAKER. BRENNEMAN &3 SPARE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLVANIA 17055 RICHARD C SNELBAKER KEITH o. BRENNEMAN PHILIP H. SPARE 717 -697 -8528 P. O. BOX 318 FACSIMILE (717) 697-7681 Fe bruary 22, 2001 VIA FAX AND MAIL The Honorable Edgar B. Bayley Cumberland County Courthouse One Courthouse Square Carlisle, Pa 17013 Re: Incapacity Proceeding - Elmer A. Seneri No: 2001-0040, Orphans' Court Division Dear Judge Bayley: Please note this firm's representation of'livian L. McDermott, Petitioner in the above referenced matter. In today's mail I received a copy of a Petition for Continuance filed by Craig A. Diehl, Esquire, on February 20, 2001. The Petition seeks a continuance of the hearing currently scheduled for February 28, 2001 at 2:30 p.m. This letter will inform you that I do not oppose the request for a continuance. I ask that you have your secretary call my office to reschedule the hearing at a mutually convenient time. Thank you for your attention to this matter. Very truly yours, W~ Philip H. Spare PHS:jjc cc: Craig A. Diehl, Esquire SNELBAKER, BRENNEMAN 8 SPARE A PROFESSIONAL CORPORA nON ATTORNEYS AT LAW 44 WEST MAIN STREET RICHARD C SNELBAKER KEITH 0 BRFNNEMAN PHILIP H. SPARE MECHANICSBURG. PENNSYLVANIA 17055 717 -697 -8528 POBOX 318 FACSIMILE (717) 697-7681 April 4, 2001 VIA FAX AND REGULAR FIRST CLASS MAIL The Honorable Edgar B. Bayley Cumberland County Court House One Court House Square Carlisle, PA 17013 Re: Elmer A. Seneri No: 2001-0040 Orphans' Court Division Incapacity Proceeding Deal' Judge Bayley: I send this letter to inform you that both parties in this matter have agreed through counsel to continue the incapacity hearing currently scheduled for Monday, April 9, 2001 due to Mr. Seneri's recent hospitalization. For your convenience, I enclose herewith a suggested Order continuing the hearing and allowing it to be rescheduled at the request of either party. Please have your secretary contact my office if a more formal request is required. Thank you for your attention to this request. Very truly yours, 'V#~ Philip H. Spare PHS:jjc Enclosure cc: Craig .c"\.. Diehl, Esquire Apr-04-01 02:23P Snelbaker, Brenneman 717-697-7681 P_02 SNtLBAKER, BRENNEMAN [j SPARe " r'[, 01'1. ''lIUNAL CCJ~ ['(of' '" (I<:'"J ATTORNEyS AT U,W 4<l WD I MAlN ~ r H.LL r MfCHAN1CSBURC, PENN5YLVANlA 170~5 Ri' -..,h,1 (,)NEL5f\.K.fk ',t.ll r', C E.F,.:,NNfM,':',1'j f': IIUP [I. 5?r..f.:.t- P. c) f',(')X ..J,l.Y 71)"(.,j~.)/'H! ;~~I-i rf\.C:,IMII,1: e:71 697 }601 April 4, ~OO 1 VIA FAX AND REGULAR FIRST CLASS \JAIL Tnt--> Hunurable Edgar B. Bayley Cumberland County Court House Onl:-:' Cuurt, House Square Carlisle, PA 1701~ ~~P: Ellner A. Scncri No: 2001-0040 Orph;'Jn:-:;' Court I)ivi~ion Incapacity Proceeding' Dp;.\r .J ud gP Hayley: I send thi~ Jet.ter t.o inform you that both parties in this nl:::tttcr have agreed through counsel t.o conLinup, the incapacity hearing currently scheduled f(')l' T\Inn(L1Y, ~-\pnl :1, 2()() 1 due to lVlr. Seneri's rc'cent hospitalization. For your cunvenience, 1 endo~e herewith a suggested Ol'dpl' (:"mtJ]luing the l-1P:ning and allo\\'ing' il. to bp. r~schf-H:luJed l.-lt. the reqllcst of either party. Ploase have your sPCT"pLary contact. my office if a lnorc fOrItl;-ll r~qLlPs/, JS required. Thank YOll for your attention to this n~qu8~L Very truly YOUr'S. f2#~ Philip H. Spare PHS:jjc EIlclu~lln.! {(,. C'r~-ng A. Diphl, ~~;;qllirc Apr-04-01 L.:a.W :,:-=-r _=~. SN~LP"I"\=" 8 ~E~,~, L M AN & SF.",r:;~ 02:23P I SnQlbakQr, Brenneman 717-697-7681 P_03 IN KE: IN T.HE COlJR'I' OF COlvrJ\lO~ PLF;~\S OF CU:\lB I~; HLi\l\'D COHN'!'\, PE::--JNS Y L VA:-.JIA ELJ\'l~~ r~ A. SENEl{1 ORPHANS' COURT DIVTSTON NO: 2001-0040 ; INCAPACITY PR()Cb~EDINCS ORDER OF COUR'( AND ;\JO\V, this eLl)' ()f ApriL ~()Ol) upon C()Il~Jd(ll':Hi(111 lOll' the .-\prd .1 ~OOllcttcl' fronl Philip H, Spare, E~qu.irc, of the law fi1'rn of Sne:lb:-) ktr, Brcnn~rn:Jn & Spare. P. C. on belli-! 1 f of Petitioner, the hH:xr-ing sc1wd llled in Lh i S ll1atU: r fnr April 9, ~OOJ ;.ll- 1::30 P.l\1. lS hereby ('.ontinuc.d gp.ncl'al1y by agTccm~nt of tlH" p;-JrtlC.S. The Iuall.p1" 111ay 1 a.' n~listcd foJ' hearing' ('~l the rcquH:-;1. of c.itlH-'l' party. RV THE COURT. Edgar B, Bayley cC': Cl'nig c'--\. Diehl, Esquirn Philip H, SparR, ":squir8