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Home My WebLink About07-09-08 IN THE COURT OF COMMON PLEAS -CUMBERLAND COUNTY ORPHANS' COURT DIVISION IN RE: MARIAN CROWELL An Alleged Incapacitated Person O.C. No. :~~ - o~j - ~7~y ~~ __; ~~ _ -z ~---. PETITION UNDER $ 5513 OF , _ ~ ~, THE PROBATE, ESTATES AND FIDUCIARIES CODE ;:=-;~ n FOR APPOINTMENT OF AN EMERGENCY GUARDIAN-' OF THE PERSON AND TO ADTUDGE ~ -' MARIAN CROWELL TO BE INCAPACITATED r '~ w N 0 AND NOW, COMES, Petitioner, Manor Healthcare Corp. d/b/a ManorCare Health Services -Carlisle ("Petitioner"), by and through its attorneys, SCHUTJER BOGAR LLCC, petitions for appointment of an emergency guardian of the person and to adjudge Marian Crowell to be an incapacitated person and, in support thereof, represents as follows: The name of the alleged incapacitated person is Marian Crowell. 2. Marian Crowell is a 71-year old female who currently resides at Petitioner's skilled nursing facility located at 940 Walnut Bottom Road, Carlisle, Pennsylvania, 17015. 3. Petitioner, a corporation licensed to do business in Pennsylvania, is a --~ ~~ r'i l :.::.: ~~~ :- c =, ~:... ~_, .~~ '` 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, Marian Crowell has one living relative, whose name and address is as follows: Karen Good (niece) 6031 Grafton Drive Lakeland, FL 33809 6. The alleged incapacitated person's treating physician is: Dr. Darryl Guistwite 56 Ashton Street Carlisle, PA 17015 7. Marian Crowell, the alleged incapacitated person, has been diagnosed by Dr. Guistwite as suffering a decrease in blood counts which require blood transfusions. She also suffers from an esophageal ulcer with bleeding, gastrointestinal hemorrhaging, infantile cerebral palsy, and a variety of other ailments. Said physical and mental conditions have caused her complete incapacity and require that she receive immediate blood transfusions. See statement completed by attending physician, attached hereto as Exhibit "A." 8. Because of the physical and mental conditions set forth in paragraph 7, Marian Crowell, the alleged incapacitated person, is totally unable to manage or even appreciate thE~ significance of her personal affairs and to make and communicate any decisions relating thereto, including the ability to communicate her need for assistance in these areas. 2 9. Presently, the alleged incapacitated person's medical condition is critical due to the fact that she cannot make medical decisions with regard to decreasing blood counts, which, if untreated by blood transfusions, will result in immediate death. 10. The condition of the alleged incapacitated person will not be remedied within the first 72 hours. 11. The failure to appoint an emergency guardian for Marian Crowell will result in irreparable harm to her person. 12. There are no less restrictive alternatives to the appointment of an emergency guardian for the alleged incapacitated person. 13. The alleged incapacitated person does not have an agent or a willing next of kin to consent to the needed medical treatment, and, upon information and belief, the alleged incapacitated person does not have a living will or an advanced directive. 14. The proposed guardian of the alleged incapacitated person is Pennsylvania Guardian Association located at P.O. Box 7295, Lancaster, Pennsylvania 17604. Pennsylvania Guardian Association does not have any adverse interest to the alleged incapacitated person and an acceptance to serve as guardian of the person is attached hereto as Exhibit "B." 15. Pennsylvania Guardian Association has been suggested as guardian of the person of Marian Crowell because of its vast 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 Marian Crowell's person and/or estate. 3 17. Upon information and belief and to the extent of Petitioner's knowledge, Marian Crowell 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, Petitioner prays that a citation be issued to Marian Crowell, to show cause, if any there be, why she should not be declared an incapacitated person and Pennsylvania Guardian Association appointed emergency guardian of her person and estate. Dated: ~~.~_ By: Respectfully submitted, SCHUTJER Bradley utter Attorney LD No. 75954 (717) 909-592'1 Kirk Sohonage Attorney I.D No. 77851 (717) 909-816~J 417 Walnut Sltreet, 4~ Floor Harrisburg, IAA 17101 Attorneys for Petitioner, Manor Healthcare Corp. d/b/a ManorCare I~ealth Services -Carlisle i. 4 VERIFICATION The undersigned hereby verifies that the statements of fact in the foregoing document a:re true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C. S. ~ 4904, relating to unsworn falsification to authorities. Dated: ~ ~/(1 Amy Marsh, Business Office Manager Manor Healthcare Corp. d/b/a ManorCare Health Services -Carlisle .Jul 09 2008 4:04PM HP LRSERJET FRX Manor Care 94E1 Walnu Bottom Roar Carlis3e,P.9 17015 717-249-0085 717-249Ah47 Fas July 9, 2008 To Whom It May Concern: r. p.3 ManorCarie Please be advised that Marian Crowell is a patient who I am treating at ManorCare Health Services. Ms. Crowell is experiencing a decrease in blood counts which require blood transfusions. Ms. Crowell is unable to sign a release to receive this treatment due to her cognitive status. Ms. Crowell has no involved family members to advocate on her behalf. This condition if untreated will be life threatening. Please contact me at (717) 609-2052 shoukd you have any further questions. Respectfully, Darryl Guist rte, DO Medical Director An HCR nlat:o~ Care Company EXHIBTT "B" ACCEPTAI~ICE OF PROPOSED EMERG_ B~VCY ~L:ARDIAN (?F THE PE123QN Pennsyl~~ania Guardian A:+sociation, the proposed emergency guardian of the person in the foregoing petition for appointment of a gua:dfar, tur Marian Crowell, the alleged incapz~citated person, agreos Fo accept the appointment as emergency guardian ~E the person and a~~ers that: ~r 7l. The proposed ernerpeney guardian is a pus-profit agency with years of expericrcing In acting ~s g~u,rdians for incapacitated pzrsons such as Marion Crowell. 1, Pennsylvania Guardian Associarfon is not a fiduciary of an estate in which the alleged incapacitated person has an interest, and the proposed emergency guardian of :Marion Crowell has no interests adverse to her. Dated: ~i%~~ D_ iCJ l BtIan groc~ks, President l'ennsytvt,nia Guardtan Axsociation I8 Snbd OSSd dIHSNt7IQ~ibC1J tld 9DSS66ZLIL 8I ~ZZ 899Z/86/L9 f00 d ODSS662LIL 65 Ot (031)5002-60-10~ aw[1/a~e0 xa