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HomeMy WebLinkAbout02-1117IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF RAYMOND L. WEBB PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE RAYMOND L. WEBB TO BE INCAPACITATED AND TO APPOINT GUARDIANS FOR HIS PERSON AND HIS ESTATE TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Holy Spirit Hospital respectfully represents that: 1. Your Petitioner, Holy Spirit Hospital of the Sisters of Christian Charity ("Holy Spirit Hospital") is an acute care hospital located at 503 North 21St Street, Camp Hill, Cumberland County, Pennsylvania 17011-2288. 2. The alleged incapacitated person is Raymond L. Webb, a married man, age 76, who resides at 1920 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 3. The alleged incapacitated person is married to Shirley E. Webb who also resides at 1920 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania. 4. The only known relatives of the alleged incapacitated person are: A. Shirley E. Webb -wife B. Fred Webb -son 5. On or about November 16, 2002, Raymond L. Webb was admitted to Holy Spirit Hospital for acute confusion which has not cleared and he continues to reside at Holy Spirit Hospital from the date of his admission. 6. Raymond L. Webb suffers from the following medical conditions: Non-insulin dependent diabetes, coronary artery disease, hypertension and depression. 7. While a patient at Holy Spirit Hospital, Raymond L. Webb has been examined by Dr. Stephen J. Snoke who has provided the opinion that he does not have the capacity to make medical or personal decisions on his behalf or to handle his financial affairs. Attached is a letter from Dr. Snoke setting forth the diagnosis and capacity opinion. 8. Raymond L. Webb is an incapacitated adult person who needs a court appointed guardianfor his person and his estate. 9. It is believed and therefore averred that Raymond L. Webb does not have a Power of Attorney. Your Petitioner has been advised that he does have a Will wherein his wife is the primary beneficiary and his son is the alternate beneficiary. 10. A guardian is necessary to facilitate Raymond L. Webb's continuing medical care and treatment, and to handle his personal and financial affairs in a responsible fashion. 11. Petitioner believes and therefore avers that Raymond L. Webb does not have the capacity to care for his affairs of daily living and needs a guardian appointed to handle his person and his property. 12. Petitioner believes and therefore avers that Raymond L. Webb needs to be placed in a facility that will provide him with 24 hours of care. 13. Less restrictive alternatives are not available due to his confusion and the Office of Aging Options Assessment determined the most appropriate level of care to be Nursing Facility Services, six (6) months or more. 14. Shirley E. Webb, the wife of Raymond L. Webb, consents and recommends that their neighbor and friend, Susan G. Pearlman be appointed guardian over the person and property of her husband. Shirley E. Webb has executed a Power of Attorney whereby she appointed Susan G. Pearlman, her agent under such Power of Attorney. Attached is a Consent for Guardian executed by Shirley E. Webb 15. Susan G. Pearlman is willing to accept the appointment of guardian of the property and person of Raymond L. Webb. Attached hereto is an Acceptance by the proposed guardian. 16. No other court has ever assumed jurisdiction in any proceedings to determine the capacity of Raymond L. Webb. WHEREFORE, your Petitioner prays that a Citation be issued to Raymond L. Webb to show cause why he should not be adjudged to be incapacitated and plenary guardians for his estate and person be appointed, and that the Court schedule a hearing on this Petition. Date: ~ ~~ ~/ JOH ON DUF , ST WAR WEIDNER B: David . DeLuce Attorney I.D. #41687 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioner, Holy Spirit Hospita 165729 VERIFICATION I, Susan S. Zeigler, ACSW LSW, Director of Social Services of Holy Spirit Hospital of the Sisters of Christian Charity, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Su an S. Zeigler, ,Director Social Services Dated: ~Z/y~d~ J. STEPHEN SNOKE, D.O., M.B.A. FAMILY PRACTICE & GERIATRICS 1800 CARLISLE ROAD CAMP HILL, PA. 1701 1 TELEPHONE (717) 737-3465 December 2, 2002 RE: Raymond L. Webb 1920 Carlisle Road Camp Hill, PA 17011 DOB: 12/23/25 SS#: 195-12-9823 To Whom It May Concern: Raymond Webb has been a patient in my practice for over a decade. In the past month he has developed a chronic, irreversible change in his mental status due to his chronic respiratory failure. Mr. Webb is not capable of managing any of his personal affairs at this time due to the encephalopathy (confusion and hallucinations) he has developed due to his chronic retention of carbon dioxide (COZ) in his blood. Mr. Webb will soon be placed in an extended care facility where he can receive the long term supportive care he requires for the remainder of his life. Sincerely, ~ J~~i ~ ~ ~~'~ J. Stephen Snoke DO, MBA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF RAYMOND L. WEBB PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE RAYMOND L. WEBB TO BE INCAPACITATED AND TO APPOINT GUARDIANS FOR HIS PERSON AND HIS ESTATE ACCEPTANCE BY PROPOSED GUARDIAN Susan G. Pearlman, 1912 Carlisle Road, Camp Hill, Cumberland County, Pennsylvania 17011, hereby agrees to accept the appointment of plenary guardian of the person and estate of Raymond L. Webb, if he is adjudged to be an incapacitated person by the Cumberland County Orphans' Court. Susan G. earlman Dated: l2` ~ ©~-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF RAYMOND L. WEBB PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE RAYMOND L. WEBB TO BE INCAPACITATED AND TO APPOINT GUARDIANS FOR HIS PERSON AND HIS ESTATE CONSENT TO PROPOSED GUARDIAN I, Shirley E. Webb, wife of Raymond L. Webb, consent to the appointment of Susan G. Pearlman as the Plenary Guardian of the person and estate of Raymond L. Webb, if he is adjudged to be an capacitated person by the Cumberland County Orphans' Court. Shirley .Webb Dated: ~~~~"" JERRY R. DUFFIE RICHARD W. STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUGE RALPH H. WRIGHT, JR. DAVID J. LANZA MARK C. DUFFIE MELISSA PEEL GREEVY MICHAEL J. CASSIDY ROBERT M. WALKER LAW OFFICES JOHNSON, DUFFIE, STEWART ~ WEIDNER A Professional Corporation 301 MARKET STREET HORACE A. JOHNSON P. O. BOX 109 COUNSEL TO THE FIRM LEMOYNE, PENNSYLVANIA 17043-0109 WEBSITE: www.jdsw.com KEIRSTEN WALSH DAVIDSON OF COUNSEL TELEPHONE 717-761-4540 FACSIMILE 717-761-3015 E-MAIL mail®jdsw.com WRITER'S EXT. NO. 115 E-MAIL dwdC~3jdsw.com Q L.~ January 3, 2003 ; d ~ ~ I ~ ~p ' ~/_\ ~ ..~-/~ The Honorable Kevin A. Hess Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 Re: Estate of Raymond L. Webb No. 21-02-1117 Orphans' Court Dear Judge Hess: I represent the Petitioner, Holy Spirit Hospital, in the above referenced guardian action. A hearing has been scheduled before you for January 17, 2003 at 10:00 a.m. I have made arrangements to contact Mr. Webb's treating physician by telephone from the Courtroom at that time to obtain his testimony regarding the capacity of Mr. Webb. I trust that this will be an acceptable method to obtain the physician's testimony. In addition, pursuant to 20 Pa.C.S.A. §5511(a), this will serve as notice to the Court that counsel has not been retained by or on behalf of the alleged incapacitated person to the best of my knowledge and information. Mr. Webb is presently residing at Manor Care Nursing Home in Camp Hill, Pennsylvania where I served him with the Citation and Petition for Guardian on December 24, 2002. Very truly yours, J SON, D FF TEW T & WEIDNER avid W. eLu DWD:kkm:200078 cc: Susan G. Pearlman ~~~ ~ ~l r'C)Clr' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. o~l-Oa-~~~'~ORPHANS' COURT ESTATE OF RAYMOND L. WEBB PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE RAYMOND L. WEBB TO BE INCAPACITATED AND TO APPOINT GUARDIANS FOR HIS PERSON AND HIS ESTATE PRELIMINARY DECREE AND NOW, this ~ day of ~p.~.e~~~..~.,Lh1 2002, upon consideration of the annexed Petition, it is ORDERED AND DECREED that a hearing on this matter is set for the i `7~ day of Q Yuc Gc.2t~_ , 20Q"~, in Courtroom No. , at /d ~ U-L% :~ .M. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, and that a Citation be issued to Raymond L. Webb commanding him to show cause why he cannot appear at the aforementioned hearing pursuant to the Petition of Holy Spirit Hospital to have Raymond L. Webb adjudicated an incapacitated person and to have plenary guardians appointed for his person and his estate. Notice of the hearing shall be given to Raymond L. Webb in accordance with 20 P.S. § 5511(x) not less than twenty (20) days prior to the hearing. BY THE COURT: ~~ ~ ~. J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF RAYMOND L. WEBB PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE RAYMOND L. WEBB TO BE INCAPACITATED AND TO APPOINT GUARDIANS FOR HIS PERSON AND HIS ESTATE FINAL ORDER OF COURT APPOINTING A PLENARY GUARDIAN AND NOW, this day of , 2002, a hearing in this case having been held on , 2002, and it appearing to the Court that Raymond L. Webb was properly served with a Citation and Notice of this hearing, and based upon the testimony presented at the hearing, the Court further finds from the testimony: 1. That Raymond L. Webb suffers from diabetes, heart disease, hypertension and depression, the conditions or disability which totally impairs his capacity to receive and evaluate information effectively and to make and communicate decisions concerning his management of financial affairs or to meet essential requirements for his physical health and safety. 2. That there exists no other less restrictive alternative mechanism for decision making. 3. That based on the total incapacity of Raymond L. Webb to receive and evaluate information and to make or communicate decisions, a plenary guardian of the person and a plenary guardian of the estate are required on a permanent basis. NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings it is ORDERED, ADJUDGED and DECREED that Raymond L. Webb be and is hereby adjudged an incapacitated person and Susan G. Pearlman is appointed Plenary Guardian of the Person and the Estate of Raymond L. Webb. A Report by the Plenary Guardian shall be filed on an annual basis with the Court. No bond shall be required of the Plenary Guardian named herein. The Plenary Guardian is hereby authorized to make decisions on Raymond L. Webb's behalf concerning his medical care and treatment including his admission to nursing homes, personal care facilities, hospitals and other healthcare providers, as well as to consent to and authorize medical treatment; and the Plenary Guardian herein appointed is further authorized to handle all of the assets of his Estate including the principal and interest, and to conduct his business affairs on his behalf, including the sale or transfer of any of his assets, payment of bills and expenses, investment of assets and all matters related thereto. BY THE COURT: J. 1N RE: RAYMOND L. WEBB IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2002-1117 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your rights will be affected, including our right to manage money and property and to make decisions. A copy of the petition which has been filed by HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN CHARITY is attached. You are hereby ordered to appear at a hearing to beheld in Court Room No. 4, Cumberland County Courthouse, Carlisle, Pennsylvania, on JANUARY 17 2002, at 10:00 A.M. to tell the Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation as to your alleged incapacity. If the Court decides that you are an Incapacitated person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited of full powers to act for you. If the court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money to other property. If the court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney representing you) the court will still hold the hearing in your absence and may appoint the Guardian requested. ~~~ Jerk, Orphans' Court Division ) .Cumberland County, Carlisle, PA ~d~r ~ L~ My Commission Expires 1 sc Monday, January, 2006 ~' ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. -?~ v2 ~ /~~ ~ ORPHANS' COURT ESTATE OF RAYMOND L. WEBB PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE RAYMOND L. WEBB TO BE INCAPACITATED AND TO APPOINT GUARDIANS FOR HIS PERSON AND HIS ESTATE FINAL ORDER OF COURT APPOINTING A PLENARY GUARDIAN AND NOW, this !'~ ~ day of January, 2003, a hearing in this case having been held on January 17, 2003, and it appearing to the Court that Raymond L. Webb was properly served with a Citation and Notice of this hearing, and having been properly excused based upon the physician's testimony, and based upon the testimony presented at the hearing, the Court further finds: 1. That Raymond L. Webb suffers from diabetes, heart disease, hypertension and depression, the conditions or disability which totally impairs his capacity to receive and evaluate information effectively and to make and communicate decisions concerning the management of his financial affairs or to meet essential requirements for his physical health and safety. 2. That there exists no other less restrictive alternative mechanism for decision making. 3. That based on the total incapacity of Raymond L. Webb to receive and evaluate information and to make or communicate decisions, a plenary guardian of the person and a plenary guardian of the estate are required on a permanent basis. NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings it is ORDERED, ADJUDGED and DECREED that Raymond L. Webb be and is hereby adjudged an incapacitated person and Susan G. Pearlman is appointed Plenary Guardian of the Person and the Estate of Raymond L. Webb. A Report by the Plenary Guardian shall be filed on an annual basis with the Court. No bond shall be required of the Plenary Guardian named herein. The Plenary Guardian is hereby authorized to make decisions on Raymond L. Webb's behalf ~ concerning his medical care and treatment including his admission to nursing homes, personal care facilities, hospitals and other healthcare providers, as well as to consent to and authorize medical treatment; and the Plenary Guardian herein appointed is further authorized to handle all of the assets of his Estate including the principal and interest, and to conduct his business affairs on his behalf, including the sale or transfer of any of his assets, payment of bills and expenses, investment of assets and all matters related thereto. ~! BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 21-02-1117 ORPHANS' COURT ESTATE OF RAYMOND L. WEBB PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE RAYMOND L. WEBB TO BE INCAPACITATED AND TO APPOINT GUARDIANS FOR HIS PERSON AND HIS ESTATE AFFIDAVIT OF DAVID W. DeLUCE f COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss: DAVID W. DeLUCE, being duly sworn according to law, upon his oath, deposes and says: 1. I am counsel for Petitioner Holy Spirit Hospital in the above matter. 2. On the 24`h day of December, 2002, I personally served upon Raymond L. Webb at Manor Care, 1700 Market Street, Camp Hill, Pennsylvania, and offered to read to him the Petition to adjudicate him to be incompetent and to appoint a guardian for his person and his estate, the Citation issued pursuant thereto by the Clerk of the Orphans' Court, and the Pre~inary De,Fre~aredulin~a hearing. Wit/ Da~idW. D'eLucd Sworn to and subscribed befgre me this .~~~ ~ day of ,~ ~~~ C E ~~~~~ ~ ~ , 2002. ~ J ~~~~ ~4 ~~~ ~ ~ ~ '' u~1L U ~ !~ Notary Public Notarial Sea! :165729-1 o Kristee K. Myers, Notary Public Lemoyne Boro, Cumberland County My Commission Expires t)ec• 2, 2006 Member, Penneylvanla ArNOOi~tlon Of NofarMs Sent By: CUME CO O~FIOE ;F AGING Name: RAYNIUNI) WEBB Guardian: City : Ct~l~ll' HILL 7172406118; Nov-27-02 8:34Ah~~; Page 2i2 UpTInNS llF;TERNIINATIUN REPUIZT 'State: PA 7..ip Code: 1701 i S.S.#: 195-12-9823 M.A. , This is to certify tla,at the above-named individual was assessed on: Uate: 1112,fi/~2 'I`he purpose of this OPTIONS Assessment was to determine the most appropriate and bast restrictive levE=1 of care necessary to preserve the individual's welfare and safety. As a result of this Assessment, the most appropriate level of care wa.S determined to be: A,Nursing Ftacility Services ^ Short-ternn (less than six months) ®Long °l'erm (mare than six inunths) Eiid Date: ~. ~} Pll:~1 Waiver Servicas C. ~ 1)omieilinry C~u-e home [) ^ Pexsunai Care home F.. ^ No Set~~ices 17ecc~mmcnded F. ~1 C;ommunity Services ltccommended (Specify C}PTIONS ASSESSMENT UNI'T' Naanc:I)AVID R.MOHR A6ency: Cumberland County Utfice of Aging Address: Human Services Building, I6 Va'est High Strcct City: Carlisle State: PA Signature: lr)ate: ll' 7.ip Code: 17113 This Asses~rnant Report deels solely with the preliminary level aPcare determination made by the OPTIONS Assessment I1nit. Upon receipt of your completed Common Application I~orrn (PA-600Y) the Depat`mi~cnt of Public Welfare, through the County Assistance Office (C~1.O), will dCtenn111e your financial eligibility for Medical Assistance (MAj. That C~fTice will notify you of their decision via a Notice cif Applicant Form (PA-162). An appeal process will be available for both the final level n!'car~ determination and the financial eligibility decision. Details of the appeal process will be outlined in tree PA- I621~'otification. if you disa}~rc:e: with either the level of care determination or the deeisi.on made regarding your eligibility I'i.~r MA, you. may fsle an appeal Sul,sequeni to receipt of notificalie~n from the t:AU PA- I62. In all caws to acecsG the ti~mtal appeals process of level of care ar financial eligibility, the CAU must he cantacted and the PA-6{10l' must he completed and returned to the CAC.