HomeMy WebLinkAbout07-17-06
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
In re:
PATRICIA J. SHAY
Orphans' Court Division
An Alleged Incapacitated Person
No. 21-06-492
ANSWER
RESPONSE TO PETITION FOR THE APPOINTMENT OF A PERMANENT
GUARDIAN OF THE PERSON AND THE ESTATE OF AN ALLEGED
INCAPACITATED PERSON
AND NOW COMES, Charles E. Shay, Jr., by and through the counsel of
the Elder Law Clinic and their undersigned attorney files the following response
to Petitioner's request for the appointment of a permanent guardian of the
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person and the estate of an alleged incapacitated person. In support tliereof,_
J
Charles E. Shay, Jr. responds as follows:
1.
Admitted.
2.
Admitted.
3. Admitted.
4. Admitted. In further answer, Petitioner has a statutory obligation
to financially support Patricia J. Shay pursuant to 23 Pa. C.S. 9
4603.
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5. Denied as stated. As way of further answer, a Power of Attorney
creates no legal or moral obligation on the part of an Agent to act
on behalf of the Principal.
6. Denied as stated. Charles E. Shay, Jr. has no knowledge of the
date that Patricia J. Shay was admitted into Claremont Nursing and
Rehabilitation Center. Strict proof is demanded at trial.
7. Admitted in Part and Denied in Part. It is admitted that Patricia J.
Shay suffers from Senile Dementia. If Patricia J. Shay suffers from
other ailments, Charles E. Shay, Jr. demands proof of such specific
medical conditions from which Patricia J. Shay suffers.
8. Admitted.
9. Admitted. It is admitted that Patricia J. Shay requires specific one-
on-one assistance. As way of further answer, Charles J. Shay, Jr.
has provided this assistance to Patricia J. Shay for the past thirty
(30) years. Further, Charles E. Shay was hospitalized while
undergoing open heart surgery. While he was hospitalized,
Petitioner came to Florida and removed Patricia J. Shay from his
care.
10. Admitted in Part and Denied in Part. It is admitted that Patricia J.
Shay is incapable of handling her own affairs and is incapable of
consenting to medical procedures. Petitioner failed to attach
Exhibit "Aft to the Petition and therefore its content is denied.
11. Admitted.
12. Admitted.
13. Charles E. Shay, Jr., does not oppose a guardian being appointed
for the estate and of the person of Patricia J. Shay. Charles E.
Shay, Jr. is not requesting that he be appointed as guardian of his
wife, Patricia J. Shay. However, Charles E. Shay, Jr. requests the
right to visit his wife, Patricia J. Shay, without interference from
Petitioner or any other appointed guardian.
14. Denied as stated. Charles E. Shay, Jr. has provided care and
support for Patricia J. Shay for the 30 years predating Petitioner's
actions in removing Patricia J. Shay from his care while he was
hospitalized following open heart surgery. Charles E. Shay, Jr. has
not refused to provide information to the Department of Public
Welfare for determining Patricia J. Shay's eligibility for medical
assistance. Charles E. Shay has cooperated in providing
information to the Department of Public Welfare when such
information was requested from him by the Department of Public
Welfare.
15. Denied as stated. Petitioner has failed to attach an itemized bill
from Claremont Nursing and Rehabilitation Center indicating a
balance owed in excess of $23,265.25. Therefore the allegation is
denied and strict proof is demanded at trial.
16. Admitted in Part and Denied in Part. It is admitted that Charles E.
Shay owns real property located at 1926 Longboat Drive, Lakeland,
Polk County, Florida and that Patricia J. Shay, as his wife, may have
some interest in said property. After reasonable investigation,
Charles E. Shay, Jr. has no knowledge of the assessed value of the
property. Therefore, it is denied that the property has an assessed
value of $116,170.00. To the extent relevant, strict proof is
demanded at trial.
17. Denied as stated. Any implication that Charles E. Shay did not
have legal authority to use or convert his assets for his use is
specifically denied. It is specifically denied that Charles E. Shay
used marital funds to remodel a home belonging to someone other
than himself. Additionally, Charles E. Shay, Jr. denies having
intentionally engaged in any behavior that prevented Petitioner
from paying for ongoing nursing home services for Patricia J. Shay.
18. Admitted.
19. Denied as stated. Strict proof thereof is demanded at trial.
20. Denied.
21. Denied.
22. Denied. After reasonable investigation, Charles E. Shay, Jr. has no
knowledge of whether Medical Assistance benefits have been
approved pending the appointment of a Guardian.
23. Admitted in Part and Denied in Part. It is admitted that Patricia
Shay receives Social Security income. After reasonable
investigation, Charles E. Shay, Jr. has no knowledge of how Patricia
J. Shay's Social Security income is used. Further, after reasonable
investigation, Charles E. Shay, Jr. has no information about the
amount of the nursing home bill and whether the bill is increasing.
24. No Answer Required.
25. Admitted.
26. Admitted. However, Charles E. Shay, Jr. believes that it is in
Patricia J. Shay's best interests for the Court to determine who
should be named as Guardian for the estate and for the person of
Patricia J. Shay.
27. Denied. Charles E. Shay, Jr. has no information or knowledge of
whether Petitioner has agreed to act as guardian for Patricia J.
Shay, as the consent of the proposed guardian was not attached to
Charles E. Shay, Jr.
28. No Answer Required.
29. Denied as stated. Upon reasonable investigation Charles E. Shay,
Jr., has no information or belief as to way the application for
Medical Assistance was denied. It is further denied that Charles E.
Shay, Jr. has refused to provide to Department of Public Welfare
30. Denied as stated. Upon reasonable investigation Charles E. Shay,
Jr. has no information or belief as to the amount of the nursing
home bill.
31. Admitted.
32. Admitted.
33. No Answer Required.
34. No Answer Required.
WHEREFORE, Charles E. Shay, Jr. respectfully requests that this
Honorable Court award guardianship to the person that the Court deems most fit
to serve in this capacity. Charles E. Shay, Jr. does not seek appointment as
guardian for Patricia J. Shay.
Respectfully Submitted,
ve~/JI..N
Leonard M. McCall ·
Certified Legal Intern
.1) uJ~ 0Y\- uJauJ.A-
Nichole M. Walters
No. 84478
THE ELDER LAW CLINIC
The Pennsylvania State University
The Dickinson School of Law
45 North Pitt Street
Carlisle, PA 17013
Date: 7 / I'-Ilot.o
,
Received 07/17/2006 11'22AM in 04:20 on llne [10] for 3675 'It Pg 1/6 PAGE 01
. NOT JUST MAIL PLUS
07/171200~u.?H2~era& 1~~~1~:5€€ 71'7 257 7516 11'7 257 7516 TO 36?5IU.~93e7 P.M/OO
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ca: --~~1f} 7 Db
V2RD'IC'~ION
I verify 1hat the .tatemmta "*" in Charlca: a Shay, Jr". RESPONSE TO PBTrrlON
FOR THE A.PP01N1'MENT OF d PERMANENT GVARDUN OF THE PBRSON AND
THE ESTATE OF AN AllEGED lNCAPACrrATED PERSON are WI and cor:cet to thIB
bat of my porsonal bowl.., IDformMioll ADd beliof'. I ~_4 that falte
ItatemellU bertln IN made subject kl fh. pc:rWtiea of 18 PI. C.SA 14904. rei.. to
unswom &JaificatLoll to au1horitia.
.. ..Data: July 17, 2006
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** TOTAL. PAGE.0e lIIllI
CUMBERLAND COUNTY
In re:
Patricia J. Shay
Orphan's Court Division
An Alleged Incapacitated Person
No. 21-06-492
ANSWER
CERTIFICATE OF SERVICE
I hereby certify that on July 17,2006, I served the foregoing RESPONSE TO
PETITION FOR THE APPOINTMENT OF A PERMANENT GUARDIAN OF
THE PERSON AND THE ESTATE OF AN ALLEGED INCAPACITATED
PERSON by Regular Mail and via Facsimile postage prepaid, addressed as follows:
Doreena Craig Sloan, ESQ
Capozzi & Associates.
Harrisburg, PA 17055
FPLX: (717)233-4103
Dated:
7~7/~tJOh
~~iC,jJt~
Certified Legal Intern
Elder Law Clinic
The Dickinson School of Law
The Pennsylvania State University
150 South College St.
Carlisle, P A 17013-2899
(717) 240-5152