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HomeMy WebLinkAbout07-29-08IN RE: IN THE COURT OF COMMON PLF,AS OF CUMBERLAND COUNTY, PENNSYLVANIA WILLIAM GALLAGHER, :ORPHANS' COURT DNISION An alleged incapacitated person PETITION FOR THE APPOINTMENT OF EMERGENCY PLENARY GUARDIAN OF THE PERSON AND ESTATE IN ACCORDANCE WITH 20 P.S. §5513 AND FOR PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. X5511 AND NOW COMES THE PETITIONER, the Cumberland County Aging & ~-~ Community Services, in and for Cumberland County, Pennsylvania, by its soYtcid~r, ' -=, -, ;-'' r , Anthony L. DeLuca, Esquire, who represents and avers as follows: T.;=n ~.~ 1. ?'~' -' . -'7 _T' - ra The Petitioner is the Cumberland County Aging & Community Services, in and ~ .~ ' , w , for Cumberland County, Pennsylvania, with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is William Gallagher, age 82, who currently resides at 1445 Holly Pike, Carlisle, Cumberland County, Pennsylvania and has resided there since approximately sometime in May, 2008. 3. The only known relatives of the alleged incapacitated person are: A. James Gallagher -Son Claremont Nursing and Rehabilitation Center 1000 Claremont Road Carlisle, Pennsylvania 17013 B. Mary Jane Gore -Sister 1124 Michaelwood Drive Virginia Beach, Virginia 23452-4614 4. The Petitioner is not related to William Gallagher. 5. The Petitioner's interest is that of a welfare agency concerned with his welfare and is familiar with his case. 6. William Gallagher has, for at least three (3) months, been incapable of managing and caring for himself and his financial affairs. 7. William Gallagher exhibits symptoms of mental incapacity, including but not limited to confusion and poor memory. 8. William Gallagher's mental incapacity prevents him from managing and caring for the affairs of his person and estate. 9. His residence is a mobile home located on the property of a business known as Dawn Conversions and he has lived there since approximately May 26, 2008 10. Mr. Gallagher moved to the Carlisle area about five (5) years ago and lived in a rented trailer at Deer Run campground with his son, James Gallagher. 11. While at Deer Run campground, he accused campers of stealing his money, poking sticks in his mattress and leaving chickens on his doorstep. 12. At one point while living at Deer Run campground, his son, James Gallagher, became sick and was hospitalized. Thereafter, Mr. Gallagher informed the owners that he would not be returning because he had purchased a big house on a lake but later changed that story to buying a small house, the location of which he did not know. 13. Upon vacating the premises at Deer Run campground, the owners discovered rotting food in the refrigerator, outdated canned goods and a bathtub full of Styrofoam food containers with rotting food causing the owner and two other helpers to spend two days cleaning up the trailer. 14. After he left Deer Run, Mr. Gallagher lived in his Ford Explorer vehicle and slept in it while parking it at different locations in the Carlisle area such as Carlisle Regional Medical Center, Wal-Mart and Claremont Nursing and Rehabilitation Center where his son, James Gallagher, had been admitted 15. At some point in time, William Gallagher purchased a conversion van which he parked at Dawn Conversions which is located at 1445 Holly Pike, Carlisle, Pennsylvania and it was at this location that petitioner's authorized representatives first met him on May 19, 2008. 16. The following observations were made by petitioner's authorized representatives on May 19, 2008: A. Mr. Gallagher was staying warm by using a heating pad and numerous blankets; B. There was an electric heater but it was broken; C. There was no food in the refrigerator, only a can of soda; and D. The owner of Dawn Conversions, Bruce Ruth, and a neighbor, Jeannie Cramer, were providing him with food by preparing micro wave meals. 17. When a mobile home became available on the property of Bruce Ruth on or about May 26, 2008, William Gallagher moved into it. 18. Since he became a resident of the mobile home on Bruce Ruth's property, there has been confusion about who was taking care of Mr. Gallagher's finances. 19. Investigation by petitioner's authorized representatives has reflected the following: A. Someone other than William Gallagher closed his post office box in Mount Holly Springs and had his mail forwarded to the address of Jeannie Cramer; B. Jeannie Cramer took Mr. Gallagher to Sollenbergers to have a form notarized naming her as his power of attorney and, afterward, a copy of the form was given to Fulton Bank where he had an account; C. Jeannie Cramer, when questioned why she did this, stated that she was concerned that Bruce Ruth was stealing money from him and that she wanted to protect his funds; D. Bruce Ruth claimed that Jeannie Cramer took $1,000.00 from Mr. Gallagher's account at Fulton Bank by using his debit card and, as a result, he withdrew money from Mr. Gallagher's bank account at Hagerstown Trust leaving enough money in that account to cover his line of credit. E. Bruce Ruth also transported Mr. Gallagher to Fulton Bank for the purpose of closing that bank account and opening a new one at that bank. F. Mr. Gallagher has previously stated that he had $50,000.00 in Fulton Bank while Bruce Ruth indicates that he had a balance of approximately $1,087.00 in Fulton Bank and $700.00 in Hagerstown Trust. G. Mr. Gallagher is a retired federal employee. 20. On June 11, 2008, petitioner's authorized representatives attempted to talk to William Gallagher in private but Bruce Ruth refused to leave the room. 21. On June 5, 2008, petitioner's caseworkers performed amin-mental examination of William Gallagher and, at that time, he was not oriented to the day, month, year, town, and state. Mr. Gallagher knew the date of his birthday but not the year. 22. William Gallagher does not have a primary care physician and had not seen a doctor in several years and, therefore, Petitioner through it's authorized representatives made arrangements on June 11, 2008 for William Gallagher to see Mike Lawler, a Nurse Practitioner and owner of House Calls Rx who concluded that Mr. Gallagher is incapacitated and unable to function independently in the community. 23. On or about July 8, 2008, William Gallagher was evaluated by John M. Hume, M.D., 3.D. who made the following diagnostic impression: A. Mr. Gallagher had dementia, probably of Alzheimer's type, but possibly related to cardiovascular disease, as his severely swollen ankles suggest he has circulatory problem. 24. Dr. Hume has concluded that William Gallagher is an incapacitated person who requires a Guardian for both management of his financial resources and his person. 25. Petitioner requests that it be appointed Emergency Plenary Guardian of the Person and Estate of William Gallagher. 26. Petitioner requests that it be appointed Permanent Plenary Guardian of the Person and Estate of William Gallagher. 27. The proposed Guardian has no interest which is adverse to the interest of William Gallagher. 28. Petitioner believes, and, therefore avers that William Gallagher does not already have a Guardian. 29. Petitioner asserts that William Gallagher is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 30. Because of his impaired mental and physical condition, William Gallagher lacks the capacity to provide for his own personal care and maintenance. 31. Because of his impaired mental and physical condition, William Gallagher is unable to manage his financial affairs, property and business and to make and communicate responsible decisions relating thereto. 32. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 33. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of William Gallagher. 34. Petitioner avers that if the Guardianship is granted the existing Power of Attorney should be revoked. 35. The failure to appoint Petitioner as Emergency Plenary Guardian of the Person and Estate of William Gallagher and later as Permanent Plenary Guardian of his Person and Estate will result in irreparable harm to the person and estate of William Gallagher. 36. Medical Assistance regulations as set forth in Nursing Care Handbook instructions allow for the payment of Guardian fees as a deduction when determining contribution toward cost of care. 37. The amount of the Guardian's fee that is allowable as a deduction is the actual fee paid subject to a maximum of 10% of the person's gross monthly income or $100.00 per month, whichever is less. 38. The said William Gallagher is believed to receive approximately $1,900.00 a month from Social Security and a Federal Pension. 39. Petitioner believes and, therefore, avers that it is entitled to receive payment of a Guardianship fee as allowed by Medical Assistance regulations and that said fee be a deduction toward the cost of the care of William Gallagher. WHEREFORE, the Petitioner respectfully requests that: 1. The Court appoint Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Emergency Plenary Guardian of the Person and Estate of William Gallagher pending a final hearing on this Petition and such other powers and restrictions the Court deems proper; 2. Pursuant to 20 Pa.C.S.A. §5513, the Court finds that the emergency necessitating the filing of this Petition will continue beyond seventy-two (72) hours from the date of any Emergency Order; 3. Pursuant to 20 Pa.C.S.A. §5513, the Court schedules a final hearing on or within 23 days from the date of any Emergency Order; 4. The Court appoint Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardian of his Person and Estate; The existing Power of Attorney be revoked; and 6. Grant payment of a Guardian fee to Petitioner subject to a maximum of 10% of William Gallagher's gross monthly income or $100.00 per month, whichever is less. Respectfully Submitted, ~, ~.'e' thony L. e ca, Esquire 113 Front Str et P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 ID No. 18067 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Emergency Plenary Guardian of the Person and Estate in accordance with 20 P.S. §5513 and for Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. §5511 of William Gallagher are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~ R Q~ ~i1.w;1~C~.Q~. Cl>,ILL~m't~~~t . Priscilla Whitman