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Home My WebLink About11-09-07 ,-- ') ,-_~_J IN THE MATTER OF RALPH J. PIERCE, An Alleged Incapacitated Person COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANJA ORPHANS' COURT DIVISION -.l No. cJ.J-O"l- [~ PETITION FOR ADTUDICA TION 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 Ralph Pierce under 20 Pa.C.S. 9 5511, and in support thereof avers as follows: 1. The name of the alleged incapacitated person is Ralph Pierce. 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". 3. Ralph Pierce is divorced, 72 years of age, and currently resides at Claremont. 118378 J 4. The names and addresses of Ralph Pierce's family and presumptive heirs are as follows: Donna Hotham (daughter) 2 N. Locust Street, Townhouse B Shiremanstown, P A 17011 Raymond Pierce (son) 10 West 2nd Street Chester, P A 19013 Mary Haas (daughter) 132 Ottenbein Drive Mansfield, OH 44904 5. The name and address of Ralph Pierce's attending physician is Kenneth Harm, M.D., 1830 Good Hope Road, Enola, P A 17025. 6. Ralph Pierce has been a resident at Claremont since his admission in July 2006, and currently receives skilled nursing care at the address above. 7. Ralph Pierce suffers from Dementia with delusions. 8. Ralph Pierce's functional limitations and mental condition will be documented in a report to be prepared by the above-named attending physician after conducting a thorough and complete examination and evaluation of Ralph Pierce's mental and physical condition. A true and correct copy of said report will be submitted upon completion and prior any scheduled hearing. 9. The attending physician named above will be available to testify in person or via telephone during a hearing scheduled by the Court. 118378 2 10. Due to his mental and physical condition, Ralph Pierce is: a. Unable to make responsible decisions concerning his person, health, welfare, and safety; 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 herself 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. Ralph Pierce's daughter, Donna Hotham, is his Power of Attorney. 12. As of the date of this Petition, a balance of $68,160.00 remains unpaid on Ralph Pierce's account. 118378 3 13. As of the date of this Petition, Donna Hotham has made only one payment of $3,000.00 for the care it has provided to her father, despite having access to and control over Ralph Pierce's financial assets and resources, including but not limited to Ralph Pierce's monthly social security checks, pension income, and checking account. 14. The initial application for Medical Assistance benefits was denied on July 2,2007 by the Cumberland County Assistance Office ("CAO"). 15. During the Medical Assistance application process, Donna Hotham failed to respond to requests by Claremont and the CAO for information and documentation that was necessary to complete the application. 16. Based on the foregoing, Donna Hotham has demonstrated herself to be incapable or unwilling to manage Ralph Pierce's financial affairs or healthcare decisions. 17. Ralph Pierce's condition makes him susceptible to financial abuse by unscrupulous and designing persons. 18. Ralph Pierce's medical condition necessitates the appointment of a plenary guardian of his person and estate. 19. Upon information and belief, Ralph Pierce's income and assets consist of the following: Social Security: Pension: Checking account: $1,038 monthly $902.24 monthly $1,400 (as of 7/18/06; current value unknown) Cash value unknown Life Insurance Policy: 118378 4 20. Petitioner is unaware of any Will or advance directive executed by Ralph Pierce. 21. The Pennsylvania Guardianship Association, Inc. (hereinafter"P AGA"), located at P.o. Box 7295, Lancaster, PA 17604, consents to serve as guardian of the person and estate of Ralph Pierce. A Consent of Proposed Guardian form signed and executed by Brian D. Brooks of P AGA is attached hereto as Exhibit" A." 22. PAGA is qualified to act as guardian of the person and estate of Ralph Pierce by virtue of its familiarity and experience in acting as guardian of the person and estate for individuals such as Ralph Pierce. 23. Since its inception in 2000, P AGA has served as guardian for over 250 individuals. 24. Inasmuch as Ralph Pierce is a recipient of Medical Assistance for his stay at Claremont, P AGA will serve as guardian of Ralph Pierce's person and estate for a monthly fee of One Hundred Dollars ($100.00). 25. No other court within this Commonwealth has appointed a guardian of the person or estate of Ralph Pierce. 26. This proposed guardianship is in the best interests of Ralph Pierce for the proper medical decisions and management of his financial resources. 27. Due to Ralph Pierce's medical condition, no less restrictive alternative is feasible. 26. Upon information and belief, Ralph Pierce was a member of the National Guard and may be eligible for Veterans Administration benefits. 118378 5 27. The type of guardianship sought is plenary of Ralph Pierce's person and estate. 28. The proposed guardian has no interest adverse to Ralph Pierce. WHEREFORE, Petitioner, Claremont Nursing & Rehabilitation Center respectfully requests that this Honorable Court issue a Citation directed to Ralph Pierce or his counsel, if so appointed, to show cause why Ralph Pierce should not be adjudicated an incapacitated person, and The Pennsylvania Guardianship Association, Inc. not be appointed plenary guardian of the person and estate of Ralph Pierce. Respectfully submitted, LA TSHA DAVIS YOHE & MCKENNA, P.e. Date: It - ~. J OOf By: d.L-- .., Steven M. Montresor Attorney LD. No.: 74244 1700 Bent Creek Boulevard, Suite 140 Mechanicsburg, P A 17050 (717) 620-2424 Attorneys for Petitioner, Claremont Nursing & Rehabilitation Center 118378 6 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/Oj>> / tJ7 I , ( lJ)~ 108761 IN TIlE MATTER OF RALPH J. PIERCE, An Alleged Incapacitated Person COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 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 Ralph Pierce, 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 Ralph Pierce has an interest, nor has it any interest currently adverse to the alleged incapacitated person Date: /(4~7 By: ~~o-Lf:~ Brian D. Brooks The Pennsylvania Guardianship Association, Inc. -117520 ;),/-07 - ItJ J.. r 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, PA 17013 RE: In the Matter of Ralph T. Pierce, An Alleged Incapacitated Person Petition for Adjudication of Incapacity and Appointment of Guardian Our File No.: 916-07 Dear Sir jMadam: 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. Sincerely, lJL- Steven M. Montresor . , t._O ,.., jdg Enclosures cc: Brian D. Brooks, Pennsylvania Guardianship Association Viola Byerly, Business Office Manager 0', 119276 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