HomeMy WebLinkAbout09-27-06
IN RE: MONICA L. KENDALL
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
; DOCKETNO. 2.1- O~ -)5Lfi
: ORPHAN'S COURT DIVISION
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PETITION FOR ADJUDICATION OF INCAPACITY AN])~:'c:
APPOINTMENT OF GUARDIAN,
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AND NOW comes the Petitioner, Barbara Kendall, by and through her attOiney, R. Mark
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Thomas, Esquire, and files this Petition pursuant to Title 20 Pa.C.S.A., Section 5511, and in
support thereof, respectfully represents:
1. Petitioner, Barbara Kendall, is an adult individual who currently resides at 110
East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. Petitioner is the other of Monica L. Kendall, the alleged incapacitated adult.
3. Monica L. Kendall is forty-six (46) years of age, her date of birth being July 6,
1960, and currently resides at 222 West Simpson Street, Mechanicsburg,
Cumberland County, Pennsylvania, with her boyfriend, Matthew C. Cowen.
4. On or about December 4, 2005, Monica L. Kendall suffered at least two (2), but
possibly more strokes.
5. Monica L. Kendall was taken to Holy Spirit Hospital where she remained for
approximately two (2) weeks.
6. Upon Monica L. Kendall's release from Holy Spirit Hospital, she was an inpatient
at Health South Rehab at Mechanicsburg, Pennsylvania, for several months where
she received speech, physical, and occupational therapy.
7. During the entire rehabilitation process for Monica L. Kendall and pursuant to her
appointment as Power of Attorney, Barbara Kendall, Petitioner herein, handled all
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of Monica's financial affairs and provided her with transportation for all medical
treatment needs.
8. Monica L. Kendall resided with Petitioner at 110 East Locust Street,
Mechanicsburg, Pennsylvania, until May 2006.
9. Monica L. Kendall currently resides in her former residence with her boyfriend,
Matthew C. Cowen, and has lived there since her completion of outpatient therapy
of May 2006.
10. Monica L. Kendall has never completely recovered from the effects of the strokes
which she suffered on December 4, 2005, and it is believed and therefore averred
that she is incapable of managing her own financial affairs, and is in need of a
Guardian for the following reasons:
(a) She needs to acquire and take several medications on a daily basis, but
lacks the mental capacity to ensure that she constantly has the medications
and takes them at the appropriate times;
(b) She receives regular income from Social Security in the amount of
$1,014.00 monthly, but lacks the capacity to handle her finances
responsibly;
(c) She lives with her boyfriend and it is believed and therefore averred that
his interests are not always consistent with the best interests of Monica L.
Kendall;
(d) It is believed that Monica L. Kendall's incapacity is either permanent or
will continue for an indefinite period of time; and
( e) Petitioner has heretofore acted as Monica L. Kendall's de facto Guardian,
but has recently received notice that she is no longer to act in that
capacity.
11. In December 2005, when Monica L. Kendall, suffered the strokes, she had bank
account balances of approximately $11,200.00. She now has a balance totaling
approximately $28,000.00 as a result of Petitioner's handling of her financial
affairs.
12. On or about September 17, 2006, Petitioner received a Revocation of Power of
Attorney signed by Monica L. Kendall along with a copy of a new Power of
Attorney in which Monica L. Kendall appointed Matthew C. Cowen as her
attorney-in- fact.
13. Matthew C. Cowen has made demand upon Barbara Kendall to account for her
actions as the attorney-in-fact for Monica L. Kendall and made demand for the
return of all assets belonging to Monica L. Kendall.
14. Due to the lengthy history involving Monica L. Kendall and Matthew C. Cowen
as observed by Petitioner as well as other family members of Monica L. Kendall,
your Petitioner believes and therefore avers that Monica L. Kendall's limited
assets would be wasted if Matthew C. Cowen was her attorney-in-fact.
15. Petitioner has no interest adverse to the interests of Monica L. Kendall.
WHEREFORE, your Petitioner prays that this Honorable Court will enter an Order which
would include the following:
1. Schedule a date and time for a hearing to determine the competency of Monica L.
Kendall and her capacity to appoint a Power of Attorney;
2. Appoint a physician to examine Monica L. Kendall, so that the Court will have
the benefit of expert testimony in the making of its determination;
3. Direct Petitioner to deposit all of Monica L. Kendall's monies currently in
Petitioner's possession into an interest bearing bank account until such time as the
Court has had an opportunity for a full hearing and decision in this matter; and
4. If Monica L. Kendall is found to be incompetent as well as incapacitated, appoint
Barbara Kendall as the guardian of the estate of Monica L. Kendall. (A copy of
Petitioner's consent to the appointment of Guardian is attached hereto.)
Respectfully submitted,
R.~A
ID No. 41301
101 South Market Street
Mechanicsburg, P A 17055
Telephone: 717-796-2100
IN RE: MONICA L. KENDALL
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
: DOCKET NO. ;). 1 - OLQ -~ 4 cg
: ORPHAN'S COURT DIVISION
CONSENT OF PETITIONER
Petitioner, Barbara Kendall, hereby consents to her appointment as Guardian of the Estate
of Monica L. Kendall, Petitioner's daughter.
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DATE I
6~ 4. ~
BARBARA KENDALL, P ltioner
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VERIFICA nON
I verity that the statements made in the foregoing document are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are made
su~iect.to the penalties of 18 Pa. c.s. ~4904, relating to unsworn falsification to authorities.
Date: Sett O?~~t??
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