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Home My WebLink About01-0300 Guardianship Petition IN THE MATTER OF Edna Howard, an alleged incapacitated person. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION No GUARDIANSHIP-INCAPACITATED PERSON ~ NOW, this ~ day of ,2001, on motion of Michael Hynum, Esquire, and Elizabeth Ant , Esquire, upo consideration ofthe attached petition and after a hearing held following due notice, it is ordered and decreed that Edna Howard, 121 Walnut Bottom Road, Shippensburg, Pennsylvania 17257-9005, is adjudged an incapacitated person. Larry Cottle is appointed guardian of the person and of the estate of Edna Howard. No bond shall be required of petitioner. By the Court, Guardianship Petition MAR 2 0 2001 po IN THE MATTER OF Edna Howard, an alleged incapacitated person. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION No GUARDIANSHIP-INCAPACITATED PERSON .;1' - D I -300 Petition For The Appointment Of Guardian For An Incapacitated Person NOW comes Larry Cottle, petitioner, by Attorneys Michael A. Hynum, Esquire and Elizabeth Antoun, Esquire, and presents this petition for the appointment of a guardian by this Honorable Court upon Edna Howard, an alleged incapacitated person, representing as follows: I. Petitioner is the Administrator at Shippensburg Health Care Center, a skilled nursing facility located at 121 Walnut Bottom Road, Shippensburg, Pennsylvania 17257-9005. 2. Petitioner is not related to the alleged incapacitated person nor does he have an interest in the estate of same. 3. The alleged incapacitated person resides at 121 Walnut Bottom Road, Shippensburg, Pennsylvania 17257-9005. 4. The alleged incapacitated person's diagnoses are Dementia, Paranoid Schizophrenia and Seizure Disorder SIP Craniotomy. 5. The alleged incapacitated person's age is 83; her date of birth is 2/23/18. 6. The alleged incapacitated person does not generally comprehend her surroundings to such an extent that he requires consistent supervision in her activities of daily living. As a result of her condition, Edna Howard requires specific one on one assistance with grooming, eating, ambulation, toileting and bathing. 7. The alleged incapacitated person is incapable of handling her financial and personal affairs, however minor, and if called upon to grant informed consent to any medical Guardianship Petition procedure would be unable grant same because of her inability to comprehend the nature ofthe procedure. Additional information related to Edna Howard's capacity is set forth in a letter dated January 2,2001, prepared by her treating physician and incorporated by reference and attached hereto as Exhibit "A". 8. After reasonable investigation it has been determined that the alleged incapacitated person's next of kin are either unwilling or unable to serve as her guardian. 9. Upon investigation, Petitioner can find no other individuals willing to act as guardian for the alleged incapacitated person. 10. The Facility has requested the Cumberland County Area Agency on Aging to provide guardianship services for the alleged incapacitated person. 11. The Cumberland County Area Agency on Aging has declined the Facility requests to provide guardianship services. 12. Petitioner has no knowledge of any other court within this Commonwealth that has appointed a guardian for the alleged incapacitated person. 13. Upon information and belief, the alleged incapacitated person has no assets. 14. Petitioner, having no interest adverse to the alleged incapacitated person, has agreed to act as guardian of her person and estate if this Honorable Court shall so appoint. The consent of the proposed guardian is incorporated herein by reference and attached hereto as Exhibit "B". 15. If appointed as guardian, petitioner will act in compliance with regulations promulgated under Court Order in Pennsylvania Bulletin 931, et seq., Apri119, 1975. Guardianship Petition Wherefore, petitioner respectfully requests this Honorable Court issue a rule and citation upon Edna Howard, the alleged incapacitated person, with notice thereof to be given to such other persons as this Court may direct, to be appointed guardian of her person and estate. Respectfully submitted, CAPOZZI AND ASSOCIATES, P .C. M HAELA.H N Identification No. 85692 ELIZABETH S. ANTODN, RN, Esquire Identification No. 72592 CAPOZZI AND ASSOCIATES, P.C. 2933 North Front Street Harrisburg, PAl 711 0 (717) 233- 4101 Attorneys for Petitioner Date: 3[15/0 l_ . ,M'f~~~l;U~l u.~llu48P~R.CAPOZZI AIID ASSOCIATES , ..._~ . ""U&u&.& +717-213-4103 P.S 1-150 P,OG!IGD5 f-845 I ,,. I. .' IN nm MATTEiR OP BdbA Ha\Vltd. 111 alle,e4 inC&pac!tated person. IN "1ifB COURT OF COMMON PLEAS OF Ct1MBnLAND COUNTY. PBNNSYLV~IA ORPHANS COURT OMmON No S7 ot2001 GUARDIANSHIP-INCAPACITATED PERSON YBpPJC4TION ~ (~ it t!./L . poIt~_ln 1Iri. matter, do.. hereby depose IIId ltate 1II111l1u: &or. contaiQed n!be fbrcaoiq pedtion are !Ne and COlrect ~o the boat of my knowledp. ihformatiOQ lWet belief. I under&tand that fallC statementS made herein are subject to the pcnahica of 18 Pa.C.S.A. Section 4094, NJlti.n, ro unsWOrn taJlifiQat10n to anthoriliea. D..:~m .,,,:.-,:,~ EXHIBIT A HEALTH CARE CENTER 121 Walnut Bottom Road Shippensburg, Pennsylvania 17257-9005 (717) 530-8300 FAX (717) 530-8304 TTY 1-800-654-5984 December 22, 2000 Elizabeth S. Antoun Capozzi and Associates 3109 North Front Street Harrisburg, PA 17110 Dear Mrs. Antoun: As per the capability form completed at the time of Ms. Edna Howard's admission to Shippensburg Health Care Center) ("Patient's Ability to Understand Rights and Responsibilities"), I continue to feel that she is not capable of making decisions about her care. Her admission was July 8, 1999. A Mini-Mental Status Assessment, completed during 1999, reflects significantly impaired orientation and short term memory. It also reflects very minimally intact long term memory. No improvement is noted and prognosis related to mental status remains poor. Diagnosis related to mental status are Dementia, Paranoid Schizophrenia And Seizure Disorder SIP Craniotomy. Sincerely, ~ ~.a19-~ Yogindra Balhara, M.D. l:t..f~~f/O I EXHIBIT B .MAR 13 '01 02:27PM ~R-11-20Dl 1\:34AM FROM-CAPOZZI ~D ASSOCIATES IN THE MATTEa OJ EDNA. HOW AD, .. ....pI lneapadtatec1 pU'lOll. +717.zn~m P.2 T~77 p.oo2/002 F-142 IN THE COURT or COMMON 'LiAS OF Cl1MBERLAND COUNTY, PENNSYLV ANlA I ORPHANS COVRT DIVISION No GTJARDIANSBJP.INCAPACITA'Rn PERSON CONSENT OF PROfOSED GUARDLiN 1. La'M'lllOCl Conte. do hereby certify mat 1 am willinS to IOl as the guardian atthe perIOD and estate of idna HowlEd. tfthe Court !hall 10 appoint me. FURh-, 1 do hereby oertify that I am Dot a fiduciary af my eltate ID whiah the alleJ:ed mClpaoiuted penon _ In in~ 1iOI' bave IID.Y interest aGvetl8 ro t~ aUcled incapacitated person. The tactI w1 opinions contained hctaiA lie trUe and comet to the beat afmy knowledle, tnfonnation an4_bd~. /'~~'~:~~~~' :~~7?:'~~>, ~ ,,4.1 {;....".. ...._,,:......,. ~ 1.: .:: . ,. ,.c ~ ~ '.~ {~ ;.~ ~ ~ :-' j ~~ .;:,. :",,'., . '!-,: :;.... ,J \:~:.~~ - .... _._.~~ I IEAL-'" ..... , .. COURT COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA TO IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with this Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your rights will be affected, including your right to manage money and property and to make decisions. A copy of the petition which has been filed by CAPOZZI AND ASSOCIATES, ATTORNEY FOR THE PETITIONER. You are hereby ordered to appear at a hearing to be held in Courtroom No. _, Cumberland County Courthouse, Carlisle, Pennsylvania, on , at . To tell the Court why it should nolfind you to be an Incapacitated Person and appoint a Guardian to act on your behalf. To be an Incapacitated Person means that you are not able to receive and effectively evaluate information and communicate your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing your have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation be conducted as to your alleged incapacity. If the Court decides that you are an Incapacitated Person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited or full powers to act for you. If the Court finds you are totally Incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money or other property. If the Court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney representing you) the Court will still hold the hearing in your absence and may appoint the Guardian requested. By: Clerk, Orphan's Court prelim decree IN THE MA TIER OF Edna Howard, an alleged incapacitated person. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION No GUARDIANSHIP-INCAPACITATED PERSON PRELIMINARY DECREE NOW, this ~ I A.1- day of Ivt~ ,2001, upon consideration of the annexed petition, it is hereby decreed that a citation is awarded directed to Edna Howard to show cause why she should not be adjudged an incapacitated person and a guardian of her person and estate be appointed; the hearing thereon to be held in Courtroom 3 Cumberland County Courthouse, Carlisle, P A on h1 ~ d /...._ 2001 at J~30 pM. '"1 At least 48 hours' notice of the hearing shall be given to Edna Howard, the alleged incapacitated person, by personal service of a copy of said petition and citation and by service of notice upon her attending physician or the superintendent or other official of the institution having custody of her who are sui juris personally or by registered mail By the Court, ... addendum to Guardianship Petition IN THE MATTER OF Edna Howard, an alleged incapacitated person. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION No 21-01-300 GUARDIANSHIP-INCAPACITATED PERSON Addendum to Petition For The Appointment Of Guardian For An Incapacitated Person NOW comes Larry Cottle, petitioner, by Attorneys Michael A. Hynum, Esquire and Elizabeth Antoun, Esquire, and presents this addendum to petition for the appointment of a guardian by this Honorable Court upon Edna Howard, an alleged incapacitated person, representing as follows: 1. Edna Howard is a nursing home resident whose stay is paid for by Medicaid. 2. As a Medicaid resident, Ms. Howard is required to maintain total funds of not more than $2,000.00. 3. As a Medicaid resident, Ms. Howard receives a personal needs allowance of$30.00 per month. 4. Ms. Howard's funds are maintained in a resident fund at Shippensburg Healthcare Center. 5. The Business Office at Shippensburg Healthcare Center supervises the resident fund, which includes Ms. Howard's funds. The business office employs persons who are bonded for the purpose of handling resident funds. 6. Nursing Home resident funds are monitored by the PA Department of Health and/or the P A Department of Public Welfare. 7. 20 Pa.C.S. S5515 states"... provisions relating to a guardian of an incapacitated person and his surety shall be the same as are set forth in the following provisions of this title ~ addendum to Guardianship Petition relating to a personal representative or a guardian of a minor and their sureties:. . . Section 5122 (relating to when bond not required). 8. 20 Pa.C.S. 95122 (D) states: "in all other cases, the court may dispense with the requirement of a bond when, for cause shown, it finds that no bond is necessary. Wherefore, petitioner respectfully requests this Honorable Court dispense with the requirement of the Petitioner to obtain a bond. Respectfully submitted, CAPOZZI AND ASSOCIATES, P .C. Date:~ MICHAEL A. Identification No. 856 ELIZABETH S. ANT Identification No. 72592 CAPOZZI AND ASSOCIATES, P .C. 2933 North Front Street Harrisburg, PAl 711 0 (717) 233- 4101 Attorneys for Petitioner