HomeMy WebLinkAbout09-26-08IN THE COURT OF COMMON PLEAS -CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
IN RE: MARIAN CROWELL ~_ ~ E~a
An Alleged Incapacitated Person O.C. No. 21-08-0 ~, ~^
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PETITION UNDER ~ 5511 OF THE PROBATE, -- ;~;
ESTATES AND FIDUCIARIES CODE TO ADTUDGE ~ ~ ~ "
MARIAN CROWELL TO BE TOTALLY INCAPACITATED AND
APPOINT A PERMANENT PLENARY GUARDIAN
FOR HER PERSON AND ESTATE
AND NOW, COMES, Petitioner, Manor Healthcare Corp. d/b/a ManorCare
Health Services -Carlisle ("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 the Estate of Marian Crowell and, in
support thereof, represents as follows:
The name of the alleged incapacitated person is Marian Crowell.
2. Marian Crowell is 87 years of age and currently resides at ManorCare
Health Services, 940 Walnut Bottom Road, Carlisle, Pennsylvania, 17015.
3. Petitioner, a Pennsylvania corporation, 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 received from Marian Crowell, the alleged
incapacitated person, she has only one Iiving relative. Her name and address are
allegedly as follows:
Karen Good (niece)
6031 Grafton Drive
Lakeland, FL 33809
6. Petitioner has contacted the above-noted individual and this individual
has indicated that she is not related to Marian Crowell.
7. Petitioner has been unable to obtain more specific information from the
alleged incapacitated person as to the correct name or correct address for her niece.
8. Petitioner is unaware of the value of the alleged incapacitated person's
estate, but upon information believes that no estate exists.
9. The alleged incapacitated person receives monthly income, which consists
solely of Social Security payments in the amount of $691.00.
10. The alleged incapacitated person's treating physician is:
Dr. Darryl Guistwite
56 Ashton Street
Carlisle, PA 17015
11. Marian Crowell, the alleged incapacitated person, has been diagnosed by
Dr. Darryl Guistwite as suffering from infantile cerebral palsy, an esophageal ulcer with
bleeding, gastrointestinal hemorrhaging, and a variety of other ailments. Said medical
condition(s) has caused her incapacity and requires that she receive 24-hour-a-day care.
12. Because of the medical conditions set forth in paragraph 9, Marian
Crowell, the alleged incapacitated person, is totally unable to manage or even
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appreciate the significance of her personal and financial affairs and make and
communicate any decisions relating thereto, including the ability to communicate her
need for assistance in these areas.
13. Presently, Marian Crowell has an Emergency Guardian, having been
appointed by this Honorable Court, to manage her Person.
14. There are no less restrictive alternatives to the appointment of a Plenary
Guardian of the Person and Estate of the alleged incapacitated person.
15. The proposed guardian of the alleged incapacitated person is
Pennsylvania Guardian Association located at P.O. Box 7295, Lancaster, Pennsylvania
17b0-f. 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 "A."
16. Pennsylvania Guardian Association has been suggested as guardian of the
person and the estate of Marian Crowell because of its vast experience in dealing with
incapacitated persons such as her.
17. No Court within this Commonwealth, of which Petitioner has knowledge,
has appointed a Guardian for Marian Crowell other than the Emergency Guardian
appointed by this Honorable Court.
18. Upon information and belief, Marian Crowell was not a member of the
Armed Service of the United States and therefore is not receiving any benefits from the
United States Veterans' Administration.
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19. Upon information and belief, Marian Crowell does not have a living will,
advance directive or durable power of attorney.
WHEREFORE, your Petitioner prays that a citation be issued to Marian Crowell
only, as the whereabouts or existence of her alleged sui juris is unascertainable, (or
alternatively that Petitioner be permitted to provide notice to the alleged sui juris by
publication), to show cause, if any there be, why she should not be adjudicated
incapacitated and why Pennsylvania Guardian Association should not be appointed
permanent Plenary Guardian of the Person and Estate.
Respectfully submitted,
Dated: ~ O By.
Attorney I.D. No. 75954
(717) 909-5921
Kirk Sohonage
Attorney I.D. No. 77851
(717) 909-8160
417 Walnut Street, 4~ Floor
Harrisburg, PA 17101
Attorneys for Petitioner
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The undersigned hereby verifies that the statements of facfi in the foregoing
document arc true arci corr~`ct to the bast of my Ju~owlodge, information and ixlief. 1
unciQrshnd that• any f~~lae ~tate[l~ents therein are ~z~bject to khe penalties c~nt~i>,ecj in 1.$
Pa. C. S. § 4904, relating to unsworn falsification to authorities.
Dated: ~
//////1/~,, f
Amy Mars+lri, business Offica Maxiager
Manor Healthcare Corp. d/b/a ManorCar~•
Health Services - C.~rl.isle
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ACCEPTANCE OF PROPOSED
PERMANENT PLENARY GUARDL9N
Peiuzsylvania Guardian Associaticuz, the proposed guardian of the person
and estate prapased in the faregc~ing petition for appointment of a permani~nt plenary
guardian of IVlarian Crowed, the ail~ged incapacitated person, agr~c:s ko accent the
appointment as permanent plenary l~uardian and avers that:
it is i ;' I I
The proposed guardian is Pennsylvania Guardian Association, afor-profit
entity with years of experiencing in acting as guardians far incapacitated
persons such as Marian Crati~cil.
2. Pennsylvani~i Guardian Association iti not a Fiduciary of an estate in ~~hich
the alle~,ed incapacitated person has an interest, and the proposed
emergency guardian of Marian Crowrll has no interests adverse to her.
3. Peruzsylvania Guardian Association is not liable for payment of pastor
future services rendered to the alleged incapacitated per5~~n ny Petitioner.
i7a tec9:~ ~ ~~~ - ~~
Tian Brooks, President
Pennsylvania Guardian Association