HomeMy WebLinkAbout01-0272
II
EVELYN G. LATSHA
an alleged incapacitated
person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N((' '~ 2-72 ORPHANS' COURT 2001
IN RE:
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 our right to manage money
and property and to make decisions. A copy of the petition which has been filed by
JEFFREY N. YOFFE, ESQ. is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. 3 I Cumberland
County Courthouse, Carlisle, Pennsylvania, on MARCH 16 ,2001_, at 10: 30 -A-.M. to
tell the Court why it should not find 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 decisions and that you are unable to manage 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, you 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
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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 yoo) the court
will still hold the hearing in your absence and may appoint the Guardian requested.
By:
'tn~ c,. ~ lk- .pa5J<pf'~
Clerk, Orphans' Codrt Division
Cumberland County, Carlisle, PA
My Commission Expires 1 st Monday,
January, 2002
DA TED:
MARCH 14,
, 2001
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C2
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EVELYN G. LATSHA,
an alleged incapacitated
person
ORPHANS' COURT DIVISION
NO. 21-01-272
PRAECIPE TO WITHDRAW PETITION
TO THE CUMBERLAND COUNTY REGISTER OF WILLS:
Please withdraw the Guardianship petition filed by Joan M.
Wohlfarth in the above referenced action.
YOFFE & YOFFE, P.C.
By
J FFREY
Attorney for Petitioner
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
Latsha\withdraw
~
MAR 1 3 2001 tf}
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EVELYN G. LATSHA,
an alleged incapacitated
person
ORPHANS' COURT DIVISION
NO. C;U - 01 -;)..7~
EMERGENCY ADJUDICATION AND ORDER
/3 fk-
day
of
M~
2001,
a
AND
NOW,
this
hearing in this case having been held on
, 2001 and it
appearing to the Court that Evelyn G. Latsha was served with a Citation
and Notice of this hearing on
, 2001, the Court finds
the following:
1. That Evelyn G. Latsha presently suffers from dementia, a
condition or disability which significantly and partially impairs her
capacity to receive and evaluate information effectively in reference to
making or communicating decisions concerning her physical health and
safety.
Such condition totally impairs her capacity to receive and
evaluate information effectively in reference to making or communicating
decisions concerning her management of financial resources.
2 . That Evelyn G. Latsha is in need of an emergency limited
guardian of her person and an emergency plenary guardian of her estate
and that the failure to make such an appointment will result in
irreparable harm to Evelyn G. Latsha's person and estate.
3. That strict compliance with the provisions of 20 Pa. CSA
~5511 (relating to appointment of Counsel for the alleged incapacitated
person) is not feasible under the circumstances and is therefore waived
for purposes of the appointment of emergency guardian made herein.
4. That Evelyn G. Latsha' s condition or disability is of a
type that will continue to beyond 72 hours.
Accordingly, based on the foregoing findings, it is therefore
ORDERED, ADJUDGED and DECREED that Kathleen Barnes is appointed
emergency limited guardian of the person and emergency plenary guardian
of the estate of Evelyn G. Latsha, an alleged incapacitated person.
Kathleen Barnes as emergency limited guardian of the person shall have
the powers over the general care, maintenance and custody of Evelyn G.
Latshai shall have the authority to designate where Evelyn G. Latsha is
to live including taking whatever actions are necessary to place her in
a nursing home, psychiatric or mental health facilitYi and shall have
the authority to provide required consents or approvals on behalf of
Evelyn G. Latsha. The aforesaid guardian does not have the authority to
sell any real estate belonging to the incapacitated person.
Any such
sale may only be made after obtaining Court approval for the same. The
emergency guardianship set forth herein shall be in effect pending the
A Surety Bond in the amount of
t 0 (~)_ shall
be
final hearing in this matter.
presented for approval by the guardian of the estate within 30 days.
Evelyn G. Latsha, an incapacitated person, has the right to
appeal this Order of Court by filing exceptions within ten days of this
date or petition this Court for a review hearing to modify or terminate
the guardianship herein established.
BY THE COURT
latsha\petition
J.
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EVELYN G. LATSHA,
an alleged incapacitated
person
ORPHANS' COURT DIVISION
NO.
PRELIMINARY ORDER OF COURT
AND NOW, this
/3 fk/ day of
~~~ , 2001, in consideration
.
of the foregoing petition and on motion of Joan M. Wohlfarth, through
her Counsel Yoffe and Yoffe, P.C. by Jeffrey N. Yoffe, Esquire, it is
ORDERED AND DECREED that a Citation be awarded, directed to Evelyn G.
Latsha to show cause why an emergency guardian of her person and estate
should not be appointed, returnable ~qA/~/~
2001 at
ID :}J
'l:J}}. /p. m., prevailing time in Courtroom #
.3
on the
Floor of the Cumberland County Courthouse, Orphan's Court
Division, Carlisle, Pennsylvania 17101, and why she should not be
adjudged an incapacitated person and a permanent guardian of her person
'M IVULI h
and estate should not be appointed returnable
, 2001,
at
I/); 3 () a. m. /p . m. ,
L( TJt Floor of the
prevailing time in Courtroom # '- ~
on the
Cumberland County Courthouse, Orphan's
Court
Division, Carlisle, Pennsylvania 17101.
The time and place of hearing on the Petition for appointment
of an emergency guardian of the person and estate of the alleged
incapacitated person are fixed for Jntadu It, , 2001 at /()/-3 ()
a. m. /p. m., prevailing time in Courtroom # 3 on the V fl1 Floor
of the Cumberland County Courthouse, Orphan's Court Division, Carlisle,
Pennsylvania 17101.
The alleged incapacitated person shall be given notice of the
hearing on appointment of an emergency guardian of her person and estate
by serving her personally with the Citation and this Order of Court and
a copy of the foregoing Peti tion prior to the time of such emergency
hearing.
The Court finds that the following additional notice to others
of the hearing on appointment of an emergency guardian of the alleged
incapaci tated person is feasible under the circumstances and directs
that same be attempted to be made upon the following persons by United
States mail and by telephone call: Joan M. Conner and Eric J. Conner
The Court further finds that strict compliance with 20
Pa.C.S.A. Section 5511(A) (relating to notification concerning the right
to counsel and the appointment of counsel for the alleged incapacitated
person) is not feasible under the circumstances and is waived for
purposes of the hearing on appointment of an emergency guardian of the
alleged incapacitated person.
The time and place of hearing on the petition for appointment
of a permanent guardian of the person and estate of the alleged
incapacitated person are fixed for , 2001, at
a.m./p.m., prevailing time in Courtroom # on the Floor of
the Cumberland County Courthouse, Orphan I s Court Division, Carlisle,
Pennsylvania 17101.
At least twenty (20) days written notice of the hearing on
appointment of a permanent guardian of the person and estate shall be
given to Evelyn G. Latsha, the alleged incapacitated person, by serving
her personally with the Citation and this Order of Court and a copy of
the foregoing Petition together with an explanation of the content and
terms of the Petition. Additionally, at least 20 days written notice of
the Petition and hearing on appointment of a permanent guardian shall
also be given to: Joan M. Conner and Eric J. Conner.
Such notice of the permanent hearing to persons other than the
alleged incapacitated person shall be made either personally or by First
Class United States mail.
The Cumberland County Register of wills is directed to prepare
and issue a Citation in this case directed to Evelyn G. Latsha
containing the information required by the Pennsylvania Rules of Court.
latsha\petition
J.
,
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EVELYN G. LATSHA,
an alleged incapacitated
person
ORPHANS' COURT DIVISION
NO.
On the Petition of Joan M. Wohlfarth:
PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE ESTATE AND
PERSON IN ACCORDANCE WITH 20 P.S. ~5513 AND FOR PERMANENT GUARDIAN
PURSUANT TO 20 P.S. ~5511
1. petitioner is the sister of Evenly G. Latsha, alleged
incapacitated person.
2 . Evelyn G. Latsha is currently residing at 19 Gale Road,
Camp Hill, PA 17011. Evelyn G. Latsha was born on August 2, 1925.
3. Evelyn G. Latsha is widowed.
4. The following persons are to the best of Petitioner's
knowledge, information and belief the only living next-of-kin of Evelyn
G. Latsha:
a.
Daughter
Joan M. Conner, 10838 Wahine Drive North,
Jacksonville, FL 32246
b.
Grandson
Eric J. Conner, 10838 Wahine Drive North,
Jacksonville, FL 32246
5. The following persons are also known relatives of Evelyn G.
Latsha:
a. Brother - William J. Barnes, 162 Lower Orchard Drive,
Levittown, PA 19056-2737
b. Brother - Robert E. Barnes, 4097 Maggie Lane, Middleburg,
FL 32068
c. Brother - James T. Barnes, P.O. Box 10, RR #3, Sunbury, PA
17801-9318
d. Brother - Hubert E. Barnes, P.O. Box 458, Falling Waters,
WV 25419-0458
e.
Brother
Kenneth E. Barnes, P.O. Box 93, Paxinos, PA
17860-0093
f. Brother - G. Donald Barnes, 6700 N.W. 131st Street, Oklahoma
City, OK 73142-6014
g. Sister - Mary E. McPeak, 1971 Swallow Run W., Orange Park,
FL 32073
h. Sister - Ruth A. Barnes, P.O. Box 93, paxinos, PA 17860-
0093
i.
Niece
Heideliese M. Wohlfarth, 1845 Alder Drive W.,
Orange Park, FL 32073
6. The name and address of the institution providing
residential services for Evelyn G. Latsha is:
a. The Visiting Nurse Association of Harrisburg, Inc., 3315
Derry Street, Harrisburg, PA 17111.
7. The Petitioner is interested in Evelyn G. Latsha's welfare
and is familiar with her case.
8 . Evelyn G. Latsha is not a veteran and is not receiving
benefits from the United States Veterans' Administration.
9. The petitioner asks that Kathleen Barnes be appointed
limited guardian of the person and plenary guardian of the estate on an
emergency basis.
10. Kathleen Barnes is a niece of Evelyn G. Latsha.
11. The petitioner asks that she be appointed permanent
limited guardian of the person and permanent plenary guardian of the
estate.
12. The proposed emergency guardian has no interest which is
adverse to the interest of Evelyn G. Latsha.
13. Petitioner believes, and therefore avers that no Court has
ever received jurisdiction in a proceeding to determine whether Evelyn
G. Latsha is incapacitated.
14. Petitioner believes, and therefore avers that Evelyn G.
Latsha does not already have a guardian.
15. Petitioner asserts that Evelyn G. Latsha is incapacitated
as defined in chapter 55 of the Probate Estates and Fiduciaries Code.
16. Because of her impaired mental and physical condition,
Evelyn G. Latsha lacks the capacity to provide for her own general care,
maintenance and custody.
17. Because of her impaired mental and physical condition,
Evelyn G. Latsha is totally unable to manage her financial affairs,
property and business and to make and communicate responsible decisions
relating thereto.
18. A power of attorney would be a less restrictive
alternative than guardianship, however, Evelyn G. Latsha currently does
not have an attorney in fact and she also lacks the capacity at present
to appoint one.
19. Copies of the Consents of Kathleen Barnes and Joan M.
Wohlfarth, to serve as guardians will be filed with the Court at the
emergency hearing in this case. The undersigned anticipates that an
originally signed verification signed by petitioner can also be filed at
that time.
20. To the extent known by Petitioner, the assets of Evelyn G.
Latsha consist of several nominal stocks probably worth around $2,000.00
and an account at Belco Federal Credit Union containing an unknown
amount. There is also a residence owned by Evelyn G. Latsha located at
19 Gale Road, Camp Hill, PA 17011, valued at approximately $120,000.00.
21. The medical condition of Evelyn G. Latsha necessitating
the filing of this emergency petition will continue beyond 72 hours from
the date of any emergency guardianship Order signed by the Court.
22. Evelyn G. Latsha's doctor is Jon L Vickery.
23. Correspondence from Dr. Vickery is attached hereto.
24. The undersigned anticipates that he will present the
deposition of Dr. Vickery at the final hearing in this case for the
purpose of establishing medical evidence of the mental incapacity of
Evelyn G. Latsha.
WHEREFORE, the Petitioner respectfully requests that:
1. The Court appoint Kathleen Barnes emergency limited
guardian of the person and emergency plenary guardian of the estate
pending final hearing on this petition;
2. Pursuant to 20 Pa.C.S.A. ~5513 the Court find that the
emergency necessitating the filing of this petition will continue beyond
72 hours from the date of any emergency Order;
3. Pursuant to 20 Pa.C.S.A. ~5513 the Court schedule a final
hearing on this Petition; and
4. The Court appoint Joan M. Wohlfarth permanent limited
guardian of the person and permanent plenary guardian of the estate.
Respectfully Submitted
latsha\petition
203
MAR~08-2001 02:32 PM WOHLFARTH
904 264 2708
P.01
~ I LE No. 700 03/08 · 0 1 14: 27 I D : VCfFE & Y(J'FE: P. C .
71? 976 1912
?~E 2
IN RE:
EVELYN G. L~TSHA,
an ~lleged 1ncapecitated
person
IN THE ~OUR~ OF COMMON PLE~S
or CUMB RLAND COUNTY.,
J?ENNSYL ,.NIA
ORPH~NS COURT nTV1SION
NO.
On the ~etition of Joa~ M. Wohlfar.th:
~ERIFICA'l'ION
I verify Chat crle statemente mad, in. this Petition. ~J:e
true and correct. I understand that filS~ statemunt:; heJrein eJre
made! 3ubject to the penalties of 18 Pa.q.s. S4904; relat1nQ to
unsworn fa15ificacion to authoriti~s.
D~te~
U L_rl4l \ (JU;;,UlJh
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
EVELYN G. LATSHA,
an alleged incapacitated
person
ORPHANS' COURT DIVISION
NO.
On the Petition of Joan M. Wohlfarth:
VERIFICATION
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. ~4904, relating to unsworn falsification to
authorities.
This verification is being signed by the undersigned
pursuant to Rule 1024 (c) for the reason that the Petitioner lives in
Florida and her originally signed verification cannot be obtained by the
time this emergency petition needs to be filed on behalf of Evelyn G.
Latsha. The source of the undersigned's information has been primarily
the Peti tioner, the Cumberland County Area Agency on Aging and also
friends of Evelyn G. Latsha.
YOFFE, P.C.
203
02/27/2001 14:14
71723456Hl
ETZWEILER AND ASSOC
PAGE 02
..~
Pennsylvania Neurological Associates, LTD.
Chsrla S. Yanofsky, M.D.
Jon L. Vickery I M.D.
Albert W. Heck. M.D.
Frelncis J. JelntQn III, M.D.
February 16, 2001
Carlos F. Delafuente, M.D.
6 Market Street
Mechanicsburg, PA 17055
RE: EVELYN LATSHA
Evelyn Latsha was brought in today by a friend and neighbor who has helped to look in on her.
Unfortunately, Evclyn's daushter doesn't want to have anything to do with her current
diffICultiell, which involves a progressive dementia.
Evelyn's EEG is di$organized and slow but without any focality. She never did have cerebral
imaging dooe and never got her blood work done after her last visit. Her friend will see to it that
she gets this accomplished inunediately.
On mental status enm, she is no longer able to name the pres;d~ the vice-president or the
governor of Pennsylvania. She gives the year as 2000 and the date as February 19. She was seen
on,February 16. She is easily distractible. She often forgets the question, such as for the addition
of coins~ which she could not perform.
Although my undorsbmding is that after having 5CVCIill \musual escapades of driving and getting
lost, that her driver's license was pulled bythe'Police. she now tells me that she has been driving
as recently as )'esterday. [am uncertain. as to the truth of the 1D&tt<<, but th. did 'have c.u keY'1
with her today and I made her relinquish these to her friend with instruction explicitly that she
mustnotdrive-a car and I: did writeto PennDct.
Her sister is allegadly CQming up from Florida to help deal with the living situation and I have
infonned Mrs. Latsha and her friend that she must not. under any circumstances, live alone
anymore. They wU1look inlo assisted living, preferably a facility with an Alzheimer's Unit,
looking toward the fUtwe here with the assuq>tion that we will not find a treatable cause of
dementia on her diagnostic studies. She will have the blood work done today and her MRI of the
brain is sc:hedu1cd for 02119/01. '
Harrisview Professional Center
108 Lowther Street · Lemoyne, PA 17043 · Telephone (717) 774-2202
ei/27/2881 14:14
71723455HI
ETZWEILER AND ASSOC
PAGE 01
Paae 2
February 16. 2001
RE: Evelyn Latsha
I gave a list of nursing facilities to be checked. out and I am certainly availablo for questions from
her siner when she gE!ts to town.
The neighbor accompanying her was Virginia LCI1g, phone number: 737-9767.
Sincerely.
~. L- ()I-
Jon Livingstone Vickery, M.D.
JL V /jrs
cc: Joan WohlfiUlh
Richard EtzweilerJ Esquire
..
;!~
Pennsylvania Neurological Associates. L TO.
Charles S. Yanofsky, M.D.
Jon L. Vickery, M.D.
Albert 'J.'. Heck. M.D.
Francis J. Janton III, M.D
February 21, 2001
CHART NOTE
RE: EVELYN LA TS HA
I received a phone call today from family attorney, Richard EtzweiJer. concerning Evelyn Latsha's
competence.
It is clear that Evel}'n Latsha has lost competence. She has become unable to follow instructions
concerning her hcalthcarc and wen being, has become extremely forgetful and has developed unusual
beliefs such as the idea that her mother is still ali vc and comes over to her house to visit. She has gotten
lost driving and has wandered to other cities. Although~ she is not to be driving now, I understood from
her friend and neighbor that she has still been operating her motor vehicle. I have written to PennDOT
indicating that she is not competent to drive due to her dementia.
~he now exhibits SUSpIcIousness and circumlocution. She is disoriented as to date and was unable to name
the President of the United States or the Governor of Pennsylvania. She becomes distracted easily and
forgets questions during mental status testing. She employs a tot of sarcasm to cover up her deficits.
I have told Mrs. Latsha that she is not competent to drive a car nor to live alone any more.
This note is in support of the family's attorney's efforts to secure power-of-attorney to act on her behalf.
~ L-- &/L~tc.,
Jon Livingstone Vickery. M.D.
---", ~.~
JLV/mka
Cc: Richard Etzweiler. Esquire
105 North Front Street
Harrisburg. P A ) 710 I
.I
I
I
Harrisview Professional Center
108 Lowther Street · Lemoyne. PA 17043 · Telephone (717) 774.2202