HomeMy WebLinkAbout02-17-09IN THE MATTER OF THE
PERSON and ESTATE OF
KATHLEEN S. GURY,
AN ALLEGED INCAPACITATED
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
PERSON ORPHAN'S COURT DIVI~T
NO. 2009- ~~ 2 ~; ~ ri'
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PETITION FOR THE APPOINTMENT OF ' ~~u -D ~ '
EMERGENCY PLENARY GUARDIAN OF THE PERSi~~AND N _
ESTATE IN ACCORDANCE WITH 20 P.S.§55)t~ --' ••
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AND NOW COMES THE PETITIONER, Melissa D. Reed, niece of the alleged
incapacitated person, Kathleen S. Gury, by her attorney, George F. Douglas, III, represents and
avers as follows:
1. The Petitioner, Melissa D. Reed, resides at 2796 Leitersburg Road, Waynesboro,
Franklin County, Pennsylvania.
2. The alleged incapacitated person, Kathleen S. Gury, age 88, is of 630 Brenton
Street, Shippensburg, Cumberland County, Pennsylvania and has resided there for a period of
three (3) months prior to the filing of this Petition.
3. Kathleen S. Gury is currently a patient at the Hershey Medical Center, P.O. Box
850, Hershey, Dauphin County, Pennsylvania.
4. Kathleen S. Gury exhibits symptoms of being in a coma-like state.
5. Kathleen S. Gury's mental incapacity prevents her from managing and caring
for the affairs of her person and estate.
6. Kathleen S. Gury is being treated by Dr. Darren P. Bryant at the Hershey
Medical Center.
7. The emergency temporary guardianship of the person is necessary for the
following reasons:
a) Kathleen S. Gury is an elderly woman who lacks the capacity to live
independently. Her current home at 630 Brenton Street, Shippensburg,
Pennsylvania is in a deplorable condition characterized by extreme
disorganization, uncontrolled filth and generally unhealthy conditions.
b) At this time, there is no other reasonable alternative to affect the proper care of
Ms. Gury besides the appointment of a guardian of the person.
c) Ms. Gury will require placement in a proper nursing facility to provide the
necessary care she needs.
d) Ms. Gury needs a guardian to admit her to a nursing care facility because she
lacks the capacity to sign a consent for admission.
e) Ms. Gury cannot be discharged to her home because such a discharge will pose
a grave and serious danger to her wellbeing.
g) Melissa D. Reed is willing to accept appointment as an Emergency Guardian of
her aunt, Ms. Gury.
h) Without the appointment of a guardian, Kathleen S. Gury will be unable to
receive the care necessary for her wellbeing.
WHEREFORE, the Petitioner respectfully request that:
1. The Court appoint Melissa D. Reed as Emergency Plenary Guardian of the
person and estate of Kathleen S. Gury pending a final hearing on this Petition with such
Emergency Guardian having full power to place her in a nursing home or other appropriate
facility 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; and
3. The Court appoints Melissa D. Reed as Emergency Plenary Guardian of the
person and estate of Kathleen S. Gury.
Date: ~ l I~7 I~ q
Respectfully submitted,
George .Douglas, III, Esquire
Salzmann Hughes, P.C.
354 Alexander Spring Rd. Suite 1
Carlisle, PA 17015
Supreme Court No. 61886
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 of Kathleen S. Gury 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.
Date: _ ~..~~ ~ ~~
lX
Meli sa .Reed