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HomeMy WebLinkAbout09-26-06 '. F:\FILESIDA T AFILElGenera1\Current\12096.1.petitionfordinner Created: 9/20/04 0:06PM Revised: 9/26/06 1 :38PM 12096.1 IN RE: VIRGINIA M. TAYLOR ALLEGED INCAP ACIT ATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-06-0435 IN RE: HOWARD J. TAYLOR ALLEGED INCAP ACIT A TED PERSON NO. 21-06-0436 en ~I:J _;1 C2 ~ = <= =, _C) J'n -0 -:n - r';~1 () (-', :lJ ,+., 11"1 ,:':'J Ie) J -"~-I " C) . _ In ~J) COO) -")1 PETITION FOR ORDER PERMITTING VISITORS TO TAKE INCAPACITATED PERSONS OUT TO EAT -n --J :;:, (,I') fT1 -0 N (TI -.::.. =C1 _~"; --1 w AND NOW, come Virginia M. Taylor and Howard J. Taylor, by and throug!i'their atto~ys, MARTS ON 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 July 7, 2006, this Honorable Court adjudicated Howard and Virginia Taylor (hereinafter "the Taylors") totally incapacitated and appointed Cheryl E. Watson (hereinafter "Guardian") as plenary guardian and Sandra Nye as alternate plenary guardian ofthe PERSON and ESTATE of the Taylors. 2. Since then, the Taylors, who currently live in the Meadows Unit of Ecumenical Community, a nursing home, petitioned this Court to secure the right to visit with their friends of over forty years. 3. The Court disposed of that Petition with an Order of Court dated August 30,2006, which specified a visitation schedule for people to visit the Taylors at Ecumenical Community. 4. The instant dispute relates to the Taylors' right to go out to eat with their friends. 5. The Taylors' attempts to arrange dinner outings with their friends have been continuously frustrated. 6. Ecumenical Community's policy for off-site dinners has been that the Taylors are permitted such outings as long as their Guardian consents. 7. The Taylors' Guardian has never consented to permitting the Taylors to go out to dinner with their friends, despite being asked on four different occasions. 8. The first attempt was Thursday, August 3, 2006, which happened to be Howard's 80th birthday. Noel Burch called the Guardian on Tuesday, August 1, 2006, and Wednesday, August 2,2006, " to see whether the Guardian would consent to letting the Shueys, Morrets, and Burches take the Taylors out to dinner to celebrate Howard's birthday. The Guardian returned Ms. Burch's phone call at Ms. Burch's place of work and informed her that she refused to consent because Mr. Taylor had some "medical concerns," with which she was presently dealing. 9. The second attempt was August 26,2006. Howard called Lucy Morret and asked her to take Virginia and him out to dinner on Saturday, August 26,2006. Lucy called the Guardian to ask for her consent to take the Taylors out to dinner. The Guardian returned her phone call on Saturday morning and refused her consent because there were "several issues involving Hops [Howard] that she had to meet with the director of nursing about." 10. The third attempt was September 23, 2006. Lucy Morret again requested the Guardian's consent to take the Taylors out to dinner, this time by written letter. Again, the Guardian refused to consent. 11. The forth attempt was made by Noel Burch, again on September 23, 2006. Ms. Burch called the Guardian for permission. The Guardian refused allegedly because she "was waiting for her attorney to draw up paperwork." 12. The Taylors understand that there will be times when there is a legitimate reason for refusing them the right to go out to dinner. For example, the Guardian refused to consent to one dinner because Howard had diarrhea. However, the Guardian has made no attempt to communicate standards which have to be met in order to secure her consent, and her three other refusals have been standardless. It is believed, and therefore averred, that the Guardian has been arbitrarily refusing to permit the Taylors to go out to dinner with their friends because she does not approve of the Taylors' friends and/or wants to control the Taylors. This arbitrary refusal is contrary to the Guardian's duties pursuant to 20 Pa.C.S.A. ~ 5521(a). 13. Finally, the Taylors have made every attempt to resolve conflicts with their Guardian outside of court. They are frustrated, however, that two months have passed since they first attempted to arrange dinner outings with their friends and each time their Guardian has systematically defeated those attempts. 14. These standardless refusals do not give the Taylors or their attorney the opportunity to address the Guardian's concerns. IS. On September 25,2006, Petitioners attempted to obtain concurrence of Guardian's counsel by faxed letter; however, the same was not received by the time of filing. WHEREFORE, Petitioners request that the Court enter an order requiring the Guardian to consent to them going out to dinner with their friends, at least on the evenings when they are already permitted to receive visitors per court order, or in the alternative, to direct the Guardian to file clear criteria with the Court that Petitioners and their attorney can use to address the Guardian's concerns and ultimately acquire her consent for offsite dinners. Respectfully Submitted, MARTSON DEARDORFF WILLIAMS & OTTO t~{l~ k~ George B. Faller, Jr., Esquire PA Attorney I.D. No. 49813 Michael J. Collins, Esquire P A Attorney I.D. No. 200427 10 East High Street Carlisle, P A 17013 (717) 243-3341 Attorneys for Petitioner DATE: September 110,2006 VERIFICA nON Virginia M. Taylor, certifies that the statements made in the foregoing Petition for Order Permitting Visitors to Take Incapacitated Persons Out to Eat are true and correct to the best of his knowledge, information and belief. She understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~j~ #1 ~..(,"I VirgO a M. Taylor VERIFICATION /' /' If Howard J. Taylor, certifies that the statements made in the foregoing Petition for Order Permitting Visitors to Take Incapacitated Persons Out to Eat 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. 74...~" J.J 77/..w,. Howard J. Tay r - . . . CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Petition for Order Permitting Visitors to Take Incapacitated Persons Out to Eat was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Glenn R. Davis, Esquire LATSHA DAVIS YOHE & McKENNA, P.C. 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, P A 17050 Attorney for Respondent MARTSON DEARDORFF WILLIAMS & OTTO By M Ten st High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 2-6 , 2006