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Home My WebLink About06-25-08IN THE COURT OF COMMON PLEAS -CUMBERLAND COUNTY ORPHANS' COURT DIVISION "' ;-_o :W~ _ ._ _. _... "'i1 . '.. --' _ Lri :[N RE: MARGARET E. BAUERLE, -; ~ _' .An Alleged Incapacitated Person O.C. No. ~ `~ ~ _ n ~~ `~' c.,~ - . c...~ PETITION UNDER & 5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADTUDGE MARGARET E. BAUERLE TO BE TOTALLY INCAPACITATED AND APPOINT A PERMANENT PLENARY GUARDIAN FOR HER PERSON AND ESTATE AND NOW, COMES, Petitioner, Church of God Home, Inc. ("Petitioner'), by and through its attorneys, SCHUTJER BOGAR LLC, and hereby petitions for adjudication of incapacity and appointment of a permanent plenary guardian of the person and estate of Margaret E. Bauerle and, in support thereof, represents as follows: The name of the alleged incapacitated person is Margaret E. Bauerle. 2. Margaret E. Bauerle, the alleged incapacitated person, is a 97 year old widowed individual who currently resides at Petitioner's skilled nursing facility located at 801 North Hanover Street, Carlisle, Pennsylvania, 17103. 3. Petitioner, a foreign corporation licensed to do business in Pennsylvania, is a residential and skilled nursing care provider. 4. Because the alleged incapacitated person resides in Cumberland County, this Court has jurisdiction pursuant to ~ 711(10) of the Probate, Estates and Fiduciary Code and § 5512(a). 5. Upon information and belief and to the extent of Petitioner's knowledge, the alleged incapacitated person has the following living heirs or next of kin who are sui ;burrs: j. Marc Bauerle (son, Power of Attorney) Marci Radel (granddaughter) 330 Stumpstown Road 5241 Simpson Ferry Rd P.O. Box 711 Mechanicsburg, PA 17050 Mechanicsburg, PA 17055 6. Upon information and belief and to the extent of Petitioner's knowledge, lthe alleged incapacitated person's estate has no value. 7. Upon information and belief, and to the extent of Petitioner's knowledge, i:he alleged incapacitated person receives a monthly income which consists of Social Security monies in the amount of $1,027.00 per month. 8. An application for Medical Assistance benefits has been filed on behalf of 1vlargaret E. Bauerle and is currently pending before the Cumberland County Assistance Office of the Department of Public Welfare of the Commonwealth of Pennsylvania. 9. The alleged incapacitated person's treating physician is: Dr. Darryl K. Guistwite 5b Ashton Street Carlisle, PA 17015 (717) 609-2052 2 10. To the extent of Petitioner's knowledge, Margaret E. Bauerle, the alleged incapacitated person, has been diagnosed as suffering from advanced dementia, and such mental condition has caused her incapacity and requires that she receive 24-hour- a-day care. See Letter from Dr. Guistwite, attached hereto as Exhibit "A." 11. Upon information and belief and to the extent of Petitioner's knowledge, because of the mental condition set forth in Paragraph 10, Margaret E. Bauerle, the alleged incapacitated person, is totally unable to manage or even appreciate the >ignificance of her personal and/or financial affairs and to make and communicate any decisions relating thereto, including the ability to communicate her need for assistance in these areas. 12. Upon information and belief and to the extent of Petitioner's knowledge, J. Marc Bauerle holds power of attorney over the alleged incapacitated person. However, said individual has been unable to effectively manage her personal and/or financial affairs and obtain the documents needed to qualify the alleged incapacitated person for the receipt of Medical Assistance benefits. 13. There are no less restrictive alternatives to the appointment of a permanent plenary guardian of the person and estate of the alleged incapacitated person. 14. The proposed permanent plenary guardian of the person and estate of the alleged incapacitated person is Neighborhood Services, located at P.O. Box 1593, Lancaster, Pennsylvania, 17608. Neighborhood Services does not have any adverse interest to the alleged incapacitated person and an acceptance to serve as permanent plenary guardian of the person and estate is attached hereto as Exhibit "B." 3 15. Neighborhood Services has been suggested as permanent plenary guardian of the person and estate of Margaret E. Bauerle because of its experience in dealing with incapacitated persons such as her. 16. No Court within this Commonwealth, of which Petitioner has knowledge, has appointed a guardian for Margaret E. Bauerle. 17. Upon information and belief and to the extent of Petitioner's knowledge, Margaret E. Bauerle was not a member of the Armed Services of the United States and therefore is not receiving any benefits from the United States Veterans' Administration. WHEREFORE, your Petitioner prays that a citation be issued to Margaret E. ;Bauerle, to show cause, if any there be, why she should not be declared an incapacitated person and Neighborhood Services appointed permanent plenary guardian of her person and estate. Respectfully submitted, SCHLT'TJER BOGAR, LLC r ~ _ ~~ ~!~ ~~i ~ ~, Dated: ~ ~ jy~ Bradley A. Schutjer Attorney LD. No. 75954 (717) 909-5921 Allison M. O'Horo Attorney I.D. No. 200568 (717) 909-5924 417 Walnut Street, 4th Floor Harrisburg, PA 17101 Attorneys for Plaintiff 4 May 20,2008 To whom it raay concern, Margaret Bauerle is a resident of Church of God Home. She has a recent mini mental status exam that shows she has advanced dementia. In my medical opinion based on her medical chart and history as well as physical examinations at various tunes in the last few weeks Margaret is incapable of making decisions. She is deemed incapable of making her medical decisions or decisions regarding her well being and financial issues. Sincerely, Dr. Darryl K. Guistwite ~~ . D JUN-04-200$(WED) 09;05 ACC~'TANCE OF PROPOSED PERMANENT PLENARY GUARi]L4N dF TYKE PERSON AN D ESTATE Neighborhood Services, tl~e permanent plez~sry guardian of the person and estate proposed in the foregoing petition for appointment of a permanent plenary guardian of the person and estate of Margaret E. BeUerle, the alleged incapacitated P. 001008 person, agrees to accept the appointment as permanent plenary guardian of the person and estate and avers that it i~ not a fiduciary of an estate in which tre alleged ineapacifiated person has an interest, and the permanent plenary guardian of the person and estate of Margaret E. Eaucrle 11as no interests adverse to her. Dated: ~,~ h~ b Kay t, ei o ood Services