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HomeMy WebLinkAbout09-24-08IN RE: IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA PAULINE DEMLER, :ORPHANS' COURT DIVISION An alleged incapacitated person . NO. 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 AND NOW COMES THE PETITIONER, the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who represents and avers as follows: 1. The Petitioner is the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania, with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Pauline Demler, age 77, who currently resides at the Claremont Nursing & Rehabilitation Center, 1000 Claremont Road, Carlisle, Cumberland County, Pennsylvania and has resided there since August 15, 2008. 3. The known relatives of the alleged incapacitated person are: h.~ r ~ c. a. David Demler -son _ ~ ~„ - .=; ~ Camp Hill, PA. - ~, -~;, _. b. Edward Deitz -son ~_' - East Street ' ~-~ `..' Carlisle, PA. `; ==a ~, c. Lori (Last name unknown) -daughter Texas d. Dennis Deitz -son Houtzdale State Correctional Institution P.O. Box 1000 Houtzdale, PA. 16698 e. Annie Blessing -mother Green Ridge Village 210 Big Spring Road Newville, PA. f. James Blessing -brother 500 Willow Grove Road Carlisle, PA. g. George Blessing -step-brother 200 Blain McCrea Road Newville, PA. 4. The Petitioner is not related to Pauline Demler. 5. The Petitioner's interest is that of a welfare agency concerned with her welfare and is familiar with her case. 6. Pauline Demler has, for at least three (3) months, been incapable of managing and caring for herself and her financial affairs. 7. Pauline Demler exhibits symptoms of mental incapacity, including but not limited to dementia with superimposed delirium, paranoia, and cognitive impairment. 8. Pauline Demler's mental incapacity prevents her from managing and caring for the affairs of her person and estate. 9. On or about September, 2007, the Petitioner received a report for need of Protective Services for Pauline Demler and when visited by Petitioner's authorized representative she was incoherent, an ambulance was dispatched and she was taken to the Carlisle Regional Medical Center in Carlisle where she was admitted to the ICU. 10. Pauline Demler, the alleged incapacitated person, resided at East Gate Apartments in Carlisle, Pennsylvania at the time of the above incident in September, 2007.. 11. The apartment which was very dirty was cleaned while she was in the hospital and, upon her return home, medicare services were initiated. 12. In January, 2008, Petitioner was contacted and informed of new concerns about Pauline Demler which included her not taking her prescribed medication and exhibiting signs of paranoia. 13. When interviewed, Pauline Demler said she took her medicine when she remembered, was confused about everything, and becomes anxious and emotional when talking about medications. 14. In March, 2008, Petitioner received an eviction notice on behalf of Pauline Demler who was being evicted because of threats she made about burning the building down. 15. An attempt was made to move Pauline Demler to an apartment in Enola but it was unsuccessful due to similar issues with respect to taking her medications in a timely manner and her paranoia. 16. On or about May 1, 2008, Pauline Demler, with help in completing paper work, moved to a mobile home at 3780 Spring Road in Carlisle but thereafter continued to decline. 17. In June, 2008, she had a toe that appeared to be gangrenous and her diabetes was not being managed. 18. Pauline Demler was seen by Joseph J. Campbell, M.D. in July, 2008 and, at that time, it was determined that she would require an angioplasty of her right leg to increase the blood flow to her lower extremities in hopes of saving her toe. 19. On July 24, 2008, Dr. Campbell performed the procedure but it was unsuccessful necessitating the scheduling of bypass surgery for August 12, 2008. 20. An earlier date for the surgery became available and when Petitioner's authorized representative arrived on August 8th to transport her to the hospital the door, which usually was unlocked, was locked and Pauline Demler was disoriented, weak and in severe pam. 21. Pauline Demler was admitted to the Carlisle Regional Medical Center on August 8, 2008 and had a toe removed on August 12th 22. On August 15, 2008, Pauline Demler was admitted to Claremont Nursing & Rehabilitation Center for long term care and has had some difficulty with behavior while there. 23. On September 22, 2008, Petitioner received a letter from Mark E. Pinker, D.P.M. indicating that Pauline Demler had developed a more proximal infection in her right foot which requires further surgical intervention on an urgent basis to help prevent further spread of infection in her foot and the possible loss of her right lower extremity. A copy of Dr. Pinker's letter is attached hereto, marked as Exhibit "A" and incorporated herein by reference. 24. Dr. Pinker has scheduled surgery for Pauline Demler on Thursday, September 25, 2008. 25. Time is of the essence and Petitioner believes, and, therefore, avers that Pauline Demler would be at imminent risk of death or serious bodily harm if surgery is not performed as soon as possible. 26. Petitioner believes and, therefore, avers that Pauline Demler's income consists of _$648.40 per month from Social Security. 27. Petitioner requests that it be appointed Plenary Guardian of the Person and Estate on both an emergency and permanent basis. 28. The proposed Guardian has no interest which is adverse to the interest of Pauline Demler 29. Petitioner believes, and, therefore avers that Pauline Demler does not already have a Guardian and none of her next of kin are willing to assume responsibility for the care of her person and estate.. 30. Petitioner asserts that Pauline Demler is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 31. Because of her impaired mental and physical condition, Pauline Demler lacks the capacity to provide for her own personal care and maintenance. 32. Because of her impaired mental and physical condition, Pauline Demler is unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto. 33. A power of attorney would be a less restrictive alternative than Guardianship but Pauline Demler currently does not have anattorney-in-fact and she lacks the capacity, at present, to appoint one. 34. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 35. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Pauline Demler. 36. The failure to appoint Petitioner as Emergency Plenary Guardian of the Person and Estate of Pauline Demler and later as Permanent Plenary Guardian of her Person and Estate will result in irreparable harm to the Person and Estate of Pauline Demler. WHEREFORE, the Petitioner respectfully requests that: The Court appoint the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Emergency Plenary Guardian of the Person and Estate of Pauline Demler pending a final hearing on this Petition with such Emergency Guardian having full power to authorize the requested surgery and such other powers and restrictions the Court deems proper; 2. Pursuant to 20 Pa.C.S.A. §5513 the Court find that the emergency necessitating the filing of this Petition will continue beyond seventy-two (72) hours from the date of any Emergency Order; 4. 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; and 5. The Court appoint the the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania, as Permanent Plenary Guardian of the Person and Estate of Pauline Demler Respectfully Submitte , ~ Y=~.. Anthony L. ca, Esquire 113 Front Stre t P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 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 Pauline Demler 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: `~ "~ ~f ~ ~ (,~~-~'1 ~ ~~~ en Sheriff F- 3/ 2008 1/05/1994 09:47 7172406118 00:53 717-2436536 CUMB CO AGING CM SUC DR MARK E PINKER PAGE 03/04 ~, PAGE 01 47 BROOKWOOD AVENUE ~~~ ~ ASSOCIATES CAR1;.15LE, P)rNNSYLV~IA 17015 POD1ATtttC MEDtCkNB AND 1P007 SLfttG&RY TEL6PHdNL 7! 7-243-Z23b MA>ivC& P~R+D.P.MM 6~~ FAX 717.243-6536 DiP'[.OMA't'B~ A~dSR1C/\Tt t3O6AItD O1E< pODIATR]C SURGEONS ~>~ !!. (i01ZC. D,F.M. DIPLOMATS, Ai~R1CAN'13LaG-RU QF pOD1ATR3C SURGEONS L'I.L4»c J. t'Iri.~'b D.~.NIt. SepEembeT ?2, 2008 Office of A6in8 Cumborlaad Coanry 16 West H+gh Street, Suite 100 Carlisle, PA 17013 RE. Pauline L. Demler DOB: 08-OS-3l 3870 Spry~g Road, l,ot 3-A Carlistc, PA !7013 'To Whom it May Concern: Mrs, pemler is a 77-year-old white female, who developed gangrenous changes of her R 3'd toe after a trauntaticaincident earlier this summ~',bShe ~ sur ocrytonltherdrightglower ex~ mar5'Ma dt amputation other riglht third Campbell, M.D. performed periphe yp~ 8 toe was performed by myself. She subsequently developed infections in her wounds and has been vn intravenous, as well is ore! antibiotics. 'the patient'Q'~att i~ila.~tistarv includes insulin,dependentdi~betes mellitus, as well as arthritis, as well as arterioselerotie vascut'ar disease, Mrs. D~1er has developed more proximal infection in her right foot. despite the ahovt•mentianed care and further surgical intervention is required to reseal infected bone. Mrs, f3emler has tentatively been scheduled for this surgery as an ogtpetiont on 09-Z5-2008, This surgery iS being performed on an u;g~ntobah gtlethterPw arenr qu cst ng spread of infection in her foot and possible loss of her right I~wer extremity. By Y consent for authorization of this surgery to be granted by your vffie~. Should you have any questions or conccros regarding Mrs_ Demler or her proposed copr3e nt• treatmem, plea3e feel fret: to contact me at your convenience, Sincerely, .. ~' ~~~ V '0 Mark 8. Pinker, D,P.M. MI=,P:tjs cc: Joseph J. Campbell, M.D. Exhibit "A"