HomeMy WebLinkAbout06-16-06
F IFILESIDA T AFlLEIGeneral\Current\] 2096. 1. motiontopennitvisitors
Created. 9120104 006PM
Revised: 6116106 229PM
12096.1
IN RE: VIRGINIA M. TAYLOR
ALLEGED INCAP ACIT A TED PERSON
1-,. -;
IN THE COURT OF COMMON ~LEAS Qf
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-06-0435
IN RE: HOWARD 1. TAYLOR
ALLEGED INCAPACITATED PERSON
NO. 21-06-0436
(, )
PETITION FOR ORDER REOUIRING
RESIDENTIAL CARE FACILITY TO PERMIT VISITATION
AND NOW, come Virginia M. Taylor and Howard J. Taylor, by and through their attorneys,
MAR TSON DEARDORFF WILLIAMS & OTTO, and hereby Petition this Honorable Court to issue
an Order directing the Ecumenical Community to permit visitors access to the Taylors, and in support
thereof aver as follows:
1. On or about May 19, 2006, Cheryl E. Watson and Sandra L. Nye (hereinafter ''Nieces'')
petitioned this Court to be appointed as emergency plenary guardians of Virginia M. Taylor and
Howard J. Taylor (hereinafter "the Taylors").
2. Following the May 23,2006, hearing, this Court issued a temporary order finding the
Taylors "totally incapacitated" and appointing Cheryl E. Watson and Sandra L. Nye as plenary
guardians of the same.
3. Since the temporary adjudication, the Alleged Incapacitated Persons have been
admitted to a residential care facility called "Ecumenical Community," at 3525 Canby Street,
Harrisburg, PA 17109, where they currently reside.
4. Every couple of days, neighbors, who have been friends ofthe Taylors for forty years
(40), including, but not limited to Bobbette Shuey and Al and Bernadette Burch, have been visiting
them at the Ecumenical Community.
5. Apparently there has been an issue about one of the neighbors, Bernadette Burch,
"agitating" the Taylors by discussing the guardianship proceeding with the Taylors.
6. Counsel for the Taylors has spoken with Ms. Burch, and she has assured counsel that
she will not discuss the case further with the Taylors, to avoid agitating them.
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7. Despite this, Cheryl Watson, the temporary guardian of the Taylors, has solicited a
physician to write a letter to the Ecumenical Community requesting that the residential care facility
restrict all access to the Taylors by visitors.
8. The neighbors who have been visiting with the Taylors the past few weeks are not
trying to cause trouble and know not to discuss the current court case with the Taylors; they are just
trying to spend time with the Taylors who have been their friends for over forty (40) years.
9. The Taylors have explicitly expressed their wish to receive these visitors.
10. While the Taylors have been adjudicated incapacitated, the Taylors assert that this
adjudication is temporary, as is specified in the May 23,2006 order.
11. Since incapacitation has not been conclusively determined, the Taylors expressed
wishes to visit with their friends should be honored.
12. Moreover, 20 Pa.C.S.A. S 5512.1 lists the standards the Court must consider when
determining incapacity and appointment of guardians; Subsection (a)(6) requires the Court to prefer
limited guardianship.
13. Unless there is a clear showing by the nieces that general visitation is harming the
Taylors, the law requires that the least restrictive measures be taken to protect the health and welfare
of the Alleged Incapacitated Persons.
WHEREFORE, Petitioners request the Court enter an order requiring the Ecumenical
Community to permit visitors access to the Taylors.
Respectfully Submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
~~
George B. Faller, Jr.: Esquire
PA Attorney I.D. No. 49813
Michael J. Collins, Esquire
P A Attorney LD. No. 200427
10 East High Street
Carlisle, PAl 7013
(717) 243-3341
Attorneys for Petitioner
DATE:
OG / { 0
i
, 2006
CERTIFICATE OF SERVICE
I) Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto) hereby certify
that a copy of the foregoing Petition for Order Requiring Residential Care Facility to Permit Visitation
was served this date by depositing same in the Post Office at Carlisle) P A) first class mail) postage
prepaid, addressed as follows:
Stephen J. Hogg) Esquire
19 South Hanover Street
Carlisle) Pennsylvania 17013
Attorney for Respondent
MARTSON DEARDORFF WILLIAMS & OTTO
/1 .. - Jil( /" )
By -' IHr' __ . . 'J7<<' u
,. .
Mary M Pnce
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Dated: June 16,2006
VERIFICATION
Michael J. Collins, of the firm of MARTS ON DEARDORFF WILLIAMS & OTTO,
attorneys for Howard and Virginia Taylor) the Alleged Incapacitated Persons, in the within action)
certifies that the statements made in the foregoing Petition for Order Requiring Residential Care Facility
to Permit Visitation are true and correct to the best of his knowledge, information and belief. He
understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
. . , .
VERIFICA TION
Michael J. Collins, of the firm of MARTS ON DEARDORFF WILLIAMS & OTTO,
attorneys for Howard and Virginia Taylor, the Alleged Incapacitated Persons, in the within action,
certifies that the statements made in the foregoing Petition for Order Requiring Residential Care Facility
to Permit Visitation are true and correct to the best of his knowledge, information and belief. He
understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
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