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HomeMy WebLinkAbout04-21-09IN RE: CAROL A. DELANEY An Alleged Incapacitated Person rv 0 O b a `n N Z N D ~~ AND NOW, comes the Petitioner, Golden LivingCenter -Camp Hill ("GLC - Cam 1.) -ZJiT7 rr- ,-> c5 :_:~ G.'J -D fll l'r`I -.! ~'c=~ -ri _- -r ~ ""'t ~, Hill"), by and through its counsel, Thomas, Thomas & Hafer, LLP, and respectfully pefi6ons this Honorable Court pursuant to 20 Pa. C.S. § 5511 for an Order adjudicating Cazol A. Delaney to be an incapacitated person and appointing a guazdian over her Person and, in support thereof, avers as follows: Petitioner, GLC -Camp Hill, is licensed as along-term caze nursing facility in Pennsylvania. 2. GLC -Camp Hill is a long-term care nursing facility located at 46 Erford Road, Camp Hill, Pennsylvania 17011. Cazol A. Delaney is 69 yeazs of age with a date of birth of May 17, 1939. 4. Carol A. Delaney was admitted to GLC -Camp Hill on May 19, 2007, and is currently a resident at that facility. The essential requirements for Ms. Delaney's health and safety aze provided at GLC -Camp Hill. 5. Residential services aze currently being provided to Ms. Delaney by GLC -Camp Hill. 6. As the residential care provider for Ms. Delaney, GLC -Camp Hill has an interest COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NINTH NDICLAL DISTRICT in her welfaze given her status as an alleged incapacitated person. ORPHANS' COURT DIVISION • Nn a! - ~9- 0380 7. Cazol A. Delaney has an extensive psychiatric history, including Schizophrenia, Schizoaffective Personality Disorder, Bipolar Affective Disorder, Depressive Disorder, generalized anxiety disorder, Organic Brain Syndrome, Cerebellar Degeneration and admissions to psychiatric hospitals. These conditions impair her ability to make any decisions regarding her physical condition, health, and well-being. (See Affidavit of James Harty, M.D., attending physician, attached hereto as Exhibit "A"). 8. According to her attending physician, James Harty, M.D., Ms. Delaney is incapable of making any decisions regarding her medical or psychiatric care and treatment. (See Exhibit "A"). 9. It is believed that Cazol A. Delaney's Schizoaffective Disorder is not curable or reversible. However, her mental status can be managed if she is provided proper psychiatric care and treatment (See Exhibit "A"). 10. Carol Delaney is currently unable to competently manage or take care of matters pertaining to her own health and well-being without the existence of another individual who will act as her guardian. (See Exhibit "A"). 11. Upon Petitioner's information and belief, Cazol A. Delaney currently has no living will, or advance directive for health care document regazding her wishes pertaining to her personal affairs and/or medical caze in the event of her incapacity while a resident at GLC - Camp Hill. (See a copy of Verification of Christine Fuchs, R.N., Director of Nursing Services, Golden LivingCenter -Camp Hill, attached hereto as Exhibit "B"). 12. Upon Petitioner's information and belief, no other guardian over the Person of Cazol A. Delaney has been appointed, and no other Court has assumed jurisdiction in any proceedings to determine the capacity of Cazol A. Delaney. 2 13. Upon Petitioner's information and belief, Cazol A. Delaney has a sister, Saza Hams, who resides at 1205 Kings Circle, Mechanicsburg, PA 17050; (717).728-7654. 14. Upon Petitioner's information and belief, Cazol A. Delaney has a brother, Robert T. Moreland, 2283 JoAnne Avenue, Hummelstown, PA 17036; (717) 566-2346. 15. Upon Petitioner's information and belief, Robert T. Moreland does not oppose the appointment of his sister, Sara Harris, as guardian over Cazol A. Delaney's Person. (See Exhibit «D>,). 16. Upon Petitioner's information and belief, Cazol A. Delaney has a brother, Timothy K. Moreland, 64 Bazbaree Way, Tiburon, CA 94920; (847) 606-0809. 17. Upon Petitioner's information and belief, Timothy K. Moreland does not oppose the appointment of his sister, Sara Harris, as guardian over Cazol A. Delaney's Person. (See Exhibit "E"). 18. Upon Petitioner's information and belief, Cazol A. Delaney has a daughter, Eileen Curley, 67 Boxwood Drive, Hershey, PA 17033. Upon Petitioner's information and belief, Eileen Curley does not appose the appointment of Saza Harris as guardian over the Person of Cazol A. Delaney's Person. (See Exhibit "F"). 19. Upon information and belief, Cazol A. Delaney has four (4) additional children who aze estranged from Ms. Delaney, have not visited or contacted Petitioner regazding Cazol A. Delaney, and have not been involved with Ms. Delaney's Gaze or treatment while she has been a resident at GLC -Camp Hill. 20. As of the filing of this Petition, neither GLC -Camp Hill, nor undersigned counsel, have been able to identify the names or address of the four (4) remaining children. 3 21. Upon information and belief, Carol A. Delaney was not a member of the United States Armed Forces. 22. Upon Petitioner's information and belief, Carol A. Delaney is not a fiduciary in any capacity. 23. A guardian over Ms. Delaney's Person is required to provide consent for psychiatric evaluation and treatment and/or medical care and treatment, and to ensure that Ms. Delaney's continued personal and medical needs aze satisfied. 24. Petitioner believes there are no less restrictive alternatives to seeking a guardianship over the Person of Carol A. Delaney. 25. The failure to appoint a guardian over the Person of Carol A. Delaney, may result in irreparable harm in that Cazol A. Delaney will be at significant risk for her deteriorating psychiatric condition, physical harm and/or the physical harm of others who reside at GLC - Camp Hill. 26. The proposed guazdian over Cazol A. Delaney is her sister, Sara Hams, 1205 Kings Circle, Mechanicsburg, PA 17050; (717) 728-7654. 27. Sara Harris has agreed to serve as guardian over Carol A. Delaney's Person. (See Consent of Proposed Guardian attached hereto as Exhibit "C"). 28. Upon information and belief, the proposed guardian has no interest adverse to the alleged incapacitated person. 29. Petitioner respectfully requests that the proposed guardian be given powers over the Person of Cazol A. Delaney. 30. Cazol A. Delaney's mental and physical condition mandates that a guazdian be appointed to make decisions concerning her Person, including, but not limited to her living 4 arrangements, her medical and psychiatric care, the administration of medications, surgical intervenfions, the employment and discharge of physicians, dentists, nurses, etc. and for her physical care. WHEREFORE, Petitioner, Golden LivingCenter -Camp Hill, respectfully requests that this Honorable Court declare Carol A. Delaney to be an incapacitated person, and appoint Sara Hams as guardian over her Person. Respectfully submitted: THOMAS, THOMAS & HAFER, LLP Date: L/~~~-~9 Marc A. M r, Esquire Attorney . No. 76434 305 No Front Street, 6a' Floor P.O. Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw.com Counsel for Petitioner Golden LivingCenter -Camp Hill :662887. i 1, James Harty. M.D., do hereby state them the following is true .and correct based upon my personal kaowledge, ittfarmation and belief. 1. I am apbysician licensed in good statuiing to practice mediaue in the Commonwealth ofPmnsylvania. 2. I am the atomding physiician for Cam1 A. Delaney. I attend to Carol A. Delaney on a regular basis at t3oldanLivingCamer -Camp Ill locabpd at 4$ Erford Road, Mechanicsburg, Pennsylvania. 17011 wherte Caml A. Deleary has resided sinx May 19, 2007. 3. Carol A. Delaney is 69 years of age, whh a date of'birth of May ]7,1939. 4. Ma. Delaney satl'ets 1r'om Schizophrenia, 9chizoa$earve Personality Disorder, Bipolar Affe:etive Disorder; DGpreasive Disorder, and various otleer illneaaes and psychiatric conditions. 5. Ms. Delaney's Schizoaffective Disorder is mt curable or tever~'ble. However, her mental status care be managed in the event she is properly evaluated and provided appropriate psychiahic care and h'eahmant. 6. Ms. Delaney roooived a paychiattia consultation on February 3, 2009, by Senior PSychit~ist Iierixrt lv>{yers, Mme. affiliated with'Philhaven, 283 S. Butler Road, Mt Cmm4 PA 17064. 7. t have determined to a rcasonabde degree of medical certemty that Carol A. Dalanery is unable to receive and evaluate informati~ effeadvely and communicate decisions, and that her abilities ate impaired to arch a degree as m reader her totally voable to meet the requitaements for her physical health and safety without the assistance of another individual/organiration who will act as a guardian aver her Person. 8. It is my opinicn that Ms. Dulaney is unable to rsaist fraud ar undue intluerxx withottt the asaistancc of a guardian to make decisions regarding h~ health ogre. 9. It is my opimlon thatthe faillu+e to appoiat a guardian with a>ivmrity to provide cona~t for Ms. Delaney to receive appropriate psychiatric care and treatraeat will result in irreparable harm oo her Iverson. I declare-that the above stateme~i are true subject m the pendties of I8 Pa. C.S. §49U4 reiatirtg to unawoaa falsification to authorities. ~- fir' ~? Date .-e+ Iz'~ hates ~ arty, M.D. :662923.1 I, Chris Fuchs, R.N., do hereby state under penalty of perjury that the following is true and correct based upon my personal knowledge: I am the Director of Nursing Services for Golden LivingCenter -Camp Hill located at 46 Erford Road, Camp Hill, Pennsylvania 17011, which provides skilled nursing and rehabilitation services. 2. Carol A. Delaney is currently a resident of Golden LivingCenter -Camp Hill and has been a resident since her admission on May 19, 2007. 3. To the best of my knowledge, Carol A. Delaney has not executed a living will, advance directive for health care, power of attorney, or other document evidencing her wishes regarding her medical treatment in the event of her incapacity, 4. To the best of my knowledge, Carol A. Delaney has only one next of kin, her sister, Sara Harris, 1205 Kings Circle, Mechanicsburg, PA 17050; (717) 728-7654. As of the date of this Verification, Carol A, Delaney has been resistant to care, has been combative, has refused prescribed medications, has refused to undergo needed psychiatric consultations or treatment, and has refused to administer her personal hygiene necessary for her health and well-being. I declare that the above statements are true subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. ~I Z~/o9 Chht~ ~lzrcc~ . ~. n~ Date Chris Fuchs, R.N. Director of Nursing Services Golden LivingCenter-Camp Hill :GG2942.1 xnllt;IS>iuac :BETHLEHEM PITTSBiJR6x BALTIMORE PHILADELPHIA Apri16, 2009 VIA CERTIFIED MAIL/REGULAR MAIL 7008 3230 0000 3414 2043 Robert T. Moreland 2283 JoAnne Avenue Hummelstown, PA 17036 Dear Mr. Moreland: ATTORNEYS AT LA:R' a'a~'.tll'rlan-. CAm Marc A. Moyer (717) 441-3960 mmoyerQa tthlaH~. com It was a pleasure speaking with you several days ago regazding your sister, Cazol A. Delaney, who is currently a resident at Golden LivingCenter -Camp Hill. As we discussed, we anticipate filing a Petition to appoint your sister, Sara Hams, guardian over Ms. Delaney's Person for the pm~pose of providing her the authority to make medical decisions on her behalf. This letter is simply intended to confirm the substance of our telephone conversation in which you indicated that you do not oppose Sara Harris being appointed as guazdian over Carol A. Delaney's Person. To that end, I kindly ask that you contact me immediately if my understanding of our telephone conversation is incorrect in any way. As we discussed, we will receive notice from the Court as to the date, time, and place of the hearing to appoint Sara Harris as guazdian over your sister's Person in the future, and will provide you with that information as soon as it is received by our office. Once again, thank you for your attention to this matter. As always, please do not hesitate to contact me if you have any questions or concerns. Very truly yours, Mazc Oyer MAMljld:6sa867.1 30&North Front Street Sixth Floor, Harrisburg, PA 17101 .Phone: (717) 237-7100 Mailing Address: P.O. Box 999, Harrisburg, PA 77108 'Fax: (717) 237-7105 HAIIRISBUHC. BETFILEHEM PITTSBURGH BALTIMORE PHILAllELPHLA April 6, 2009 VIA CERTIFIED MAIL/REGULAR MAIL 7008 3230 0000 3414 2050 Timothy K. Moreland 64 Bazbazee Way Tiburon, CA 94920 Dear Mr. Moreland: ATTORNEYS AT.LAW «'a~a~.tililan°. com Marc A. Moyer (717) 441-3960 mmoyer@tthlaw. com It was a pleasure speaking with you today regarding your sister, Cazol A. Delaney, who is currently a resident at Golden LivingCenter -Camp Hill. As we discussed, we anticipate filing a Petition to appoint your sister, Saza Harris, guardian over Ms. Delaney's Person for the purpose of providing her the authority to make medical decisions on her behalf. This letter is simply intended to confirm the substance of our telephone conversation in which you indicated that you do not oppose Saza Harris being appointed as guardian over Carol A. Delaney's Person. To that end, I kindly ask that you contact me immediately if my understanding of our telephone conversation is incorrect in any way. As we discussed, we will receive notice from the Court as to the date, time, and place of the hearing to appoint Saza Harris as guazdian over your sister's Person in the future, and will provide you with that information as soon as it is received by our office. Once again, thank you for your attention to this matter. As always, please do not hesitate to contact me if you have any questions or concerns. Very truly yours, MAM/j1d:684S72.1 305 North Front Street, Sixth Floor, Fiazrisburg PA 17101 Phone: {717) 237-7100 Meriting Address: P.O. Box 999, Harrisburg, PA 17108 Fax: (717) 237-7105 HARRISBURG BETHLEHEM PITTSBURGH .BALTIMORE PHILAllELPHIA April 17, 2009 Eileen and Kevin Curley 67 Boxwood Drive Hershey, PA 17033 Dear Eileen and Kevin: ATTORNEYS AT LA1W ativu•.ttYilaa-. com Marc A. Moyer (717) 441-3960 mmoyer@tthlaw.com Thank you for Kevin's recent telephone call iri response to my March 30, 20091etter. It is my understanding from my conversation with Kevin that you and he do not oppose Saza Hams being appointed guardian over the Person of your mother, Carol Delaney, who is a resident at Golden LivingCenter -Camp Hill. This letter is simply intended to memorialize'that understanding. I further understand that Kevin will be contacting me with the names, addresses and telephone numbers of your brothers and sisters, Kathleen, Jill, John, and Robert. To that end, I kindly ask that you contact me as soon as possible to provide me with that information so that I can provide your brothers and sisters with notice of the upcoming guazdianship hearing, once it is scheduled. Once again, thank you for your time and attention to this matter. It is greatly appreciated. MAM/j1d:688513.1 305 North FrontStreet,Sixth Floor, Harrisburg, PA 17101 Mailing Address: P.O. Box 999,Harrisburg PA 17108 Phone:(717)237-7100 Pax:.(717) 237-7105