HomeMy WebLinkAbout11-09-07
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LATSHA DAVIS YOHE
& MCKENNA, EC.
ATTORNEYS AT LAW
PLEASE REPLY TO: Mechanicsburg
WRITER'S E-MAIL: smontres@ldylaw.com
November 8, 2007
Register of Wills
Orphans' Court Division
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
RE: In the Matter of Eli Petrovich, An Alleged Incapacitated Person
Petition for Adjudication of Incapacity and Appointment of Guardian
Our File No.: 897-07
Dear Sir j Madam:
Enclosed for filing please find an original and two (2) copies of a Petition for Adjudication
of Incapacity and Appointment of Guardian in the above-referenced matter, along with a check in
the amount of $50.00 for the required filing fee. We have also enclosed envelopes, postage
prepaid, for all interested parties in this matter.
Please time-stamp the extra copy of the Petition and return to our office in the enclosed self-
addressed, stamped envelope.
Thank you for your attention to this matter.
:sl))
Steven M. Montresor
jdg
Enclosures
cc: Brian D. Brooks, Pennsylvania Guardianship Association
Viola Byerly, Business Office Manager
1700 Bent Creek Boulevard, Suite 140 . Mechanicsburg, PA 17050 · (717) 620-2424 · FAX (717) 620-2444
350 Eagleview Boulevard, Suite 100 . Exton, PA 19341 · (610) 524-8454 · FAX (610) 524-9383
3000 Atrium Way, Suite 251 . Mt. Laurel, NJ 08054. (856) 231-5351 · FAX (856) 231-5341
Maryland Telephone: (410) 727-2810
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
C)
IN THE MATTER OF
ELI PETROVICH,
ORPHANS' COURT DIVISION
An Alleged Incapacitated Person
No. d\ -01- \0;).1
PETITION FOR ADJUDICATION OF INCAPACITY
AND APPOINTMENT OF GUARDIAN
AND NOW COMES, Petitioner, Claremont Nursing & Rehabilitation Center, by
and through its attorneys, Latsha Davis Y ohe & McKenna, P.c., and hereby petitions for
an adjudication of incapacity and appointment of a plenary guardian of the estate and
person of Eli Petrovich under 20 Pa.C.S. S 5511, and in support thereof avers as follows:
1. The name of the alleged incapacitated person is Eli Petrovich, hereinafter
referred to as "Mr. Petrovich".
2. Petitioner is Claremont Nursing & Rehabilitation Center, a county
operated skilled nursing facility located at 1000 Claremont Road, Carlisle, Cumberland
County, Pennsylvania, hereinafter referred to as "Claremont" or "Petitioner".
117958
3. Mr. Petrovich is a widower, 84 years of age, currently residing at
Claremont's nursing facility.
4. The names and addresses of Mr. Petrovich's family and presumptive heirs
are as follows:
Donna O'Brine
(Mr. Petrovich's daughter)
1616 Williams Avenue
Lehigh Acres, Florida 33936
Linda Jovanelly
(Mr. Petrovich's daughter)
607 Lavina Drive
Mechanicsburg, P A 17055
5. The name and address of Mr. Petrovich's attending physician is Ernest M.
Josef, M.D., located at 1830 Good Hope,Road, Enola, Pennsylvania 17025.
6. Mr. Petrovich has been a resident at Claremont since his admission on
August 11, 2006, and currently receives skilled nursing care at the address above.
7. Mr. Petrovich suffers from Senile Dementia of the Alzheimer's Type.
8. According to a letter from Dr. Josef dated August 24,2007, Mr. Petrovich
is incapable of handling his affairs. A true and correct copy of Dr. Josef's letter is
attached hereto as Exhibit" A."
9. The attending physician named above will be available to testify in person
or via telephone during a hearing scheduled by the Court.
10. Due to his mental and physical condition, Mr. Petrovich is:
a. Unable to make responsible decisions concerning his person,
health, welfare, and safety;
117958
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b. Unable to communicate his needs concerning his health, welfare,
and safety;
c. Unable to reside alone;
d. Unable to provide for his personal safety;
e. Unable to keep himself properly nourished and hydrated;
f. Unable to tend to his personal hygiene;
g. Unable to clothe himself;
h. Unable to medicate himself;
1. Unable to make responsible decisions with regard to his medical
care, including but not limited to, obtaining health care services
and entering himself into a. hospital, convalescent home, skilled
care facility, residential care facility or similar institution;
J. Unable to manage his financial affairs; and
k. Unable to make and communicate responsible decisions relating to
his financial affairs.
11. After reasonable investigation, Claremont is unable to ascertain the assets
of Mr. Petrovich.
12. Mr. Petrovich has a potential claim against his deceased wife's estate for
his share of the estate.
13. Mr. Petrovich has no Power of Attorney.
14. Mr. Petrovich's medical condition necessitates the appointment of a
plenary guardian of his person and estate.
117958
3
15. Because Mr. Petrovich is incapable of managing his affairs and has no
legal representative, Mr. Petrovich is unable to assert a claim against his deceased wife's
estate.
16. If Mr. Peterovich does not assert a claim against the estate, his eligibility
for Medical Assistance benefits may be adversely affected.
17. Claremont is unaware of any will or advance directive executed by Mr.
Petrovich.
18. The Pennsylvania Guardianship Association, Inc. PO Box 7295, Lancaster,
Pennsylvania 17604, consents to serve as guardian of the person and estate of Mr.
Petrovich. A Consent of Proposed Guardian form signed and executed by The
Pennsylvania Guardianship Association, Inc. is attached hereto as Exhibit "B."
19. The Pennsylvania Guardianship Association, Inc. is qualified to act as
guardian of the person and estate of Mr. Petrovich by virtue of its familiarity and
experience in acting as guardian of the person and estate for individuals such as Mr.
Petrovich.
20. Inasmuch as Mr. Petrovich is a recipient of Medical Assistance for his stay
at the Home, The Pennsylvania Guardianship Association, Inc. will serve as guardian of
Mr. Petrovich's person and estate for a monthly fee of One Hundred Dollars ($100.00).
21. No other court within this Commonwealth has appointed a guardian of
the person or estate of Mr. Petrovich.
22. This proposed guardianship is in the best interests of Mr. Petrovich for the
proper medical decisions and management of his financial resources.
117958
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23. Due to Mr. Petrovich's medical condition, no less restrictive alternative is
feasible.
24. Mr. Petrovich was a member of the armed forces and is a recipient of
Veterans Administration benefits.
25. The type of guardianship sought is plenary of Mr. Petrovich's person and
estate.
26. The proposed guardian has no interest adverse to Mr. Petrovich.
WHEREFORE, Petitioner, Claremont Nursing & Rehabilitation Center
respectfully requests that this Honorable Court issue a Citation directed to Eli Petrovich
or his counsel, if so appointed, to show cause why Eli Petrovich should not be
adjudicated an incapacitated person, and The Pennsylvania Guardianship Association,
Inc. not be appointed plenary guardian of the person and estate of Eli Petrovich.
Respectfully submitted,
Latsha Davis Yohe & McKenna, P.e.
Date:
11- ~. d(XJI
By:
LiJL--
Steven M. Montresor
Attorney I.D. No.: 74244
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
Attorneys for Petitioner,
Claremont Nursing & Rehabilitation
Center
117958
5
VERIFICATION
I, Joanne Wible in my capacity as Administrator, hereby state that I am
authorized to make this verification on behalf of Claremont Nursing and Rehabilitation
Center and that the facts set forth in the Petition for Adjudication of Incapacity and
Appointment of Guardian filed in this matter are true and correct to the best of my
knowledge, information, and belief, and that this verification is being made subject to
18 Pa. C. S. S 4904, relating to unsworn falsification to authorities.
Dated: Jt) /.2.:L / ~1
I I
108761
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<iWhabilitation Center
1000 Claremont Road
Carlisle, PA 17013-8805
Main (717) 243-2031
Fax (717) 240-1952
August 24, 2007
Latsha, Davis, Yohe &. McKenna, p.c.
1700 Bent Creek Blvd.
Suite 140
Mechanicsburg, PA 17050
Dear Mr. Steven M. Montresor, Esq.,
I am writing on behalf of Bi Petrovich. He is a resident at Claremont Nursing and Rehabilitation
Center. He has been a resident here since 8jllj20fXJ. He has been diagnosed with SDAT
(Senile Dementia the Alzheimer's Type) Dementia. He is incapable of handling his affairs at this
time. If you have any questions concerning his medical condition please feel free to call me at
240-1901.
Sincerely,
~A
Dr. Ernest J
A-wing
CNRC
1000 Claremont Rd.
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
IN THE MATTER OF
ELI PETROVICH,
ORPHANS' COURT DMSION
An Alleged Incapacitated Person
No.
CONSENT OF PROPOSED GUARDIAN
The Pennsylvania Guardianship Association, Inc. does hereby certify that it is
willing to act as guardian of the person and estate of Eli Petrovich, an alleged
incapacitated person, if the Court shall so appoint.
Further, The Pennsylvania Guardianship Association, Inc. hereby certifies that it
is not a fiduciary of any estate in which Eli Petrovich has an interest, nor has it any
interest currently adverse to the alleged incapacitated person.
Date:
11410;
By: tf~!2-';:;~
Brian D. Brooks
The Pennsylvania Guardianship Association
117958