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Home My WebLink About04-19-07 (5) IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION PATRICIA LOGAN, an alleged Incapacitated person : NO. : GUARDIANSHIP-INCAPACITATED PERSON PETITION FOR ApPOINTMENT OF EMERGENCY GUARDIAN NOW comes petitioner, Jessica Koser, by her attorney, Harold S. Irwin, III, Esquire, and r-:> presents this petition for appointment of an emergency guardian over Patriciad2>gan, an~leged" co.c:~ incapacitated person, representing as follows: .:; ~~ ~- , -:-i'~ 0' :;:0 ~.~ ~13 \.D Petitioner is JESSICA KOSER, an adult individual and daughter of the an~9~ -u : ':") ~'";"{'i -J;\lo. incapacitated person, residing at 631 Range End Road, Dillsburg, York County,-P'~nsylv~ia ---1 .. 17019. 1. .~ C> 2. The alleged incompetent is PATRICIA LOGAN, born June 25,1951 (age 55 years), whose permanent residence address is 1316 Zimmerman Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. The alleged incapacitated person became incapacitated and has been unable to handle her own affairs on or about April 11 ,2007. Her spouse, Steven C. Logan, died on April 13, 2006. 4. The alleged incapacitated person's incapacity is documented in a competency affidavit prepared by her treating physician, D. Patrick Bryant, M.D., which statement is incorporated herein by reference and attached to petitioner's original petition as Exhibit "A". 5. The petitioner, JESSICA KOSER, is the alleged incapacitated person's sole next-of-kin. . 6. The alleged incapacitated person fell at her home on April 8, 2007. By April 10, 2007, she alerted petitioner that she had pain and swelling in her face and neck and petitioner went to visit her. On April 11, 2007, the alleged incapacitated person called 911 and was sent to Carlisle Hospital. 7. She was stabilized at Carlisle Hospital and sent to Hershey Medical Center's intensive care unit where she was further treated and heavily sedated. 8. The alleged incapacitated person has severe infection as the result of a puncture wound to her trachea that was left untreated for a few days. She also is experiencing kidney failure but is not well enough to undergo surgery for that problem. She remains heavily sedated, asleep, on a ventilator and is otherwise unable to communicate or handle her affairs in any manner. 9. The alleged incapacitated person has bills and other financial matters that must be resolved and it is impossible to proceed on any other basis but this emergency petition. She has no power of attorney, no living will and has not appointed a health care agent. 10. Failure to appoint an emergency guardian may result in irreparable harm to petitioner and her estate as no medical decisions may be made for her and none of her finances can be properly and adequately handled. 11. Petitioner has no knowledge of any other Court within this Commonwealth, which has appointed a guardian for the alleged incapacitated person. 12. Petitioner has no interest adverse to the alleged incapacitated person and has agreed to act as guardian if this Honorable Court shall so appoint. WHEREFORE, petitioner respectfully requests this Honorable Court schedule an emergency hearing to consider the appointment of Jessica Koser, the petitioner, as emergency guardian for Patricia Logan, the alleged incapacitated person. April 19, 2007 . VERIFICATION Attorney for petitioner, Harold S. Irwin, III, is executing this verification due to the unavailability of petitioner and the emergency nature of this matter. I do hereby depose and state that the facts contained in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. April 19, 2007 PENN STATE ~ Milton S. Hershey Medical Center ., College of Medicine ~ ~rt o.r ~; ------ mfll ~JM ~M I~/H<JJ (10 t-L ~?/M""" i /1/ /1::.7 ffr d ).J tf!uu~b A rfrv.,.<.NIf-~-c..- l.,.r;~'f . --rt.. I I i-.I J'{ 4 (.uI t'o ~ 0J'f"~ )'~.A- t \J ~/J c:-t ~I ~ k.r rfU d/I rr, ~ ~ ~rJ.wf k t.uz.v1/. t/H- ~f / (> ,j.J ,.- ~ w.lf C-o,.r"t-J~ ~ ~ ,v <tl"r Sbtr<L k y..'-<- nnA- <(-v O'S........:L, Jlf/~ /' 5) ~,rd 6~ :;:>, IPrr.,,,t: vf/yN" ~ . l4)f'r If-,. /, ..I- p~ ('1'7) ~ /- '0 ~ , An Equal Opportunity University , . IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA : ORPHANS COURT DIVISION PATRICIA LOGAN. an alleged Incapacitated person : NO. : GUARDIANSHIP-INCAPACITATED PERSON CONSENT OF NEXT-OF-K1N AND PROPOSED qUARDIAN Jessica Koser hereby certify that I am the daughter and sole next-of-kin of Patricia Logan, the alleged incapacitated person, and that I am willing to act as guardian of her person and estate, if the Court shall so appoint me. Further, I do hereby certify that I am not a fiduciary of any estate in which the alleged incapacitated person has an interest, nor have we any interest adverse to the alleged incapacitated person. The facts and opinions contained herein are true and correct to the best of my knowledge information and belief. Sworn to and subscribed before me this 19TH day of Ap ii, 007. COMMONWEALTH OF PENNSYL VANIA NOTARIAL SEAL Harold S. Irwin Iii, Esq, Notary PubHc Carlisle, Cumberland County My commission . . 06, 2011 EXHIBIT "B"