HomeMy WebLinkAbout11-21-06
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IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
ESTATE OF SARAH J. MATTER,
AN ALLEGED INCAPACITATED PERSON
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No.
1033
of 2006
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3
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PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF
GUARDIAN OF THE ESTATE AND PERSON OF
SARAH J. MATTER
IN ACCORDANCE WITH 20 Pa.C.S. S5511
TO THE HONORABLE, THE JUDGES OF THE SAID COURT:
1. Petitioner is John D. Killian, residing at 1064
Country Hill Drive, Harrisburg, PA 17111. Petitioner has
been Respondent Sarah J. Matter's attorney for many years
and is Executor of the Estate of Harold E. Matter, Jr.,
Respondent's husband, who died on October 17, 2D06.
2. Respondent is Sarah J. Matter, an alleged
incapacitated person, who resides in The Oaks, a skilled
nursing facility within Bethany Village Retirement Center,
5225 Wesley Drive, Mechanicsburg, PA 17055. Respondent has
resided and been domiciled in Cumberland County since June,
2005.
3. Respondent has no living spouse, parents, children,
or siblings. Respondent has four nephews and one niece who
survive her.
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4. Respondent was born on October 2, 1927, and is 79
years of age.
5. The name and address of the institution providing
professional residential services to Respondent is Bethany
Village Retirement Center, 5225 Wesley Drive, Mechanicsburg,
PA 17055.
6. During the last three years, Respondent has resided
at the following addresses:
Address
Dates
242 Dimpsey Road, Halifax, PA 17032
1955 to 2004
Susquehanna Lutheran Village, 491
Medical Road, Millersburg, PA
2004-2005
Bethany Village Retirement Center,
5225 Wesley Drive, Mechanicsburg, PA
2005-present
7. During the past three years, Respondent's husband,
Harold E. Matter, Jr., administered all of the financial
affairs of Respondent. Harold E. Matter, Jr. was attorney
in fact for Respondent, acting under a Durable Power of
Attorney dated April 14, 1997.
8. Respondent is known to have a Last Will and
Testament, a copy of which will be available for production
at the time of the hearing if needed.
9. The guardian proposed is Nelson L. Beard, nephew of
Respondent, who resides at 914 Lower River Road, Youngstown,
NY 14174.
10. Mr. Beard's qualifications to serve as guardian
are as follows: he holds a Bachelor's Degree from
Pennsylvania State University, a Master's Degree, and the
equivalent of two additional Master's Degrees from military
service schools. He is a Lieutenant Colonel in the United
States Air Force, Honorably Retired. Mr. Beard is 55 years
of age and is employed as a Principal Engineer-Systems by
General Dynamics Advanced Information Systems, 4455 Genesee
Street, Buffalo, NY 14225, where he supervises a staff of
twenty persons and has fiscal responsibility for a fifty
million dollar program.
, .
11. The proposed guardian has no interest adverse to
the alleged incapacitated person.
12. Petitioner believes and avers that there is no
less restrictive alternative to guardianship due to
Respondent's physical and mental condition.
13. Petitioner requests that a guardian be appointed
amd assigned plenary powers over the person and estate of
Respondent.
14. To the extent known to Petitioner, the assets of
the alleged incapacitated person are valued at approximately
$647,305, comprised of the following: Belco Community Credit
Union (savings accounts, IRA and certificates of deposit)
valued at $172,695; Bell Atlantic shares valued at $9,989;
Verizon Communications account valued at $62,720; Bell South
Reinvestment Plan valued at $492; PNC Bank certificates of
deposit valued at $209,919; PNC Bank account valued at
$85,167; Halifax National Bank account valued at $4,746;
U.S. Government Bonds valued at $96,600; and Prudential
Insurance policy valued at $4,977.
15. Petitioner estimates the alleged incapacitated
person's annual income to be $20,805, based upon current
monthly Social Security benefits of $843, and annual pension
income of $10,689.
16. Respondent suffers from Alzheimer's Disease which
causes her to be an incapacitated person as defined by law
because she is unable to receive and evaluate information
effectively and communicate decisions in any way, she is
totally unable to manage her financial resources, and she is
unable to meet essential requirements for her physical
health and safety.
17. The severity of her physical and mental condition
renders Respondent totally unable to manage her financial
affairs, property and business and to make and communicate
responsible decisions relating thereto and regarding her
person, including but not limited to her living
arrangements, her medical and psychiatric care, the
administration of medication to her, and the emploYment and
discharge of physicians, psychiatrists, dentists, nurses,
therapists and other professionals for her physical and
mental treatment and care.
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18. Respondent's impairments and the lack of a viable,
less restrictive alternative necessitate that a guardian be
appointed for the person and estate of Respondent.
19. No other court has ever assumed jurisdiction in
any proceeding to determine the capacity of the alleged
incapacitated person.
20. No other guardian has been appointed for the
estate or person of the alleged incapacitated person.
21. The consent of the proposed plenary guardian is
attached as Exhibit "A".
WHEREFORE, Petitioner requests that the Court award a
Citation directed to Sarah J. Matter, the alleged
incapacitated person, and to such other persons as the Court
may direct, to show cause why Sarah J. Matter should not be
adjudicated an incapacitated person and Nelson L. Beard
appointed plenary guardian of the person and the estate of
Sarah J. Matter.
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Petiti er
I verify that the statements made in this Petition are
true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. ~4901
relating to unsworn falsifications to authorities.
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Petition r
EXHIBIT "A"
CONSENT OF GUARDIAN TO APPOINTMENT
I, NELSON L. BEARD, hereby consent to act as the
plenary guardian of the person and estate of SARAH J.
MATTER.
I reside at 914 Lower River Road, Youngstown, NY
14174.
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 Sarah J. Matter, the
alleged incapacitated person.
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oposed-Guardian