HomeMy WebLinkAbout04-23-09IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. ~2t-UQ-~3~ ORPHANS' COURT
ESTATE OF WALTRAUD G. WYLIE
PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON AND ESTATE
OF WALTRAUD G. WYLIE IN ACCORDANCE WITH 20 PA. CONS. STAT. §5513
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TO THE HONORABLE, THE JUDGES OF SAID COURT: ~ `° -~'
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The Petition of Holy Spirit Hospital respectfully represents that: ~ _T., w - -
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1. Your Petitioner, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHI~~IS~'IAN C'PPARI'fiY,`s a
is an acute care hospital located at 503 North 21st Street, Camp Hill, Cumberland~County, Pennsylvania,
where Waltraud Wylie, the alleged incapacitated person is currently a patient..
2. Concurrently with the filing of this Petition for the Appointment of Emergency Plenary
Guardian of Waltraud G. Wylie, a Petition Pursuant to Section 5511 of the Probate, Estates and Fiduciary
Code to Adjudicate Waltraud G. Wylie to be Incapacitated and to Appoint a Plenary permanent Guardian
has been filed.
3. Waltraud G. Wylie (67 years old, DOB 12/02/1941) was admitted to Holy Spirit Hospital on
April 11, 2009 for Metastatic colon cancer.
4. Ms. Wylie has been diagnosed with Metastatic colon cancer which has spread to her liver and
bones. Ms. Wylie is currently unresponsive and unable to communicate and her cancer has reached its end
stage.
5. Ms. Wylie owns and resides at 494 Brighton Place, Mechanicsburg, Cumberland County, PA
17055.
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6. Waltraud G. Wylie is currently in need of an emergency plenary guardian of her person and
her estate because it is in her best interest to be discharged to a Hospice or extended care facility for the
remainder of her days. These facilities will not admit Ms. Wylie unless a plenary guardian is appointed.
7. Currently, Ms. Wylie is stable but her care would be better accomplished at a Hospice or
extended care facility. Her immediate discharge to an appropriate facility requires that an emergency
guardian be appointed.
8. The Petitioner was able to locate Ms. Wylie's only known next of kin, a first cousin who
resides in Germany. Ingrid Noeckel resides in Spay, Germany and does not speak, although she can read,
English.
9. Representatives of Petitioner were able to communicate with Ms. Noeckel in Germany via a
telephone conference using a translator. During that conference, Ms. Noeckel agreed that it would be best if
a professional guardianship agency was appointed for her cousin since Ms. Noeckel resides out of the
country and is not fluent in English.
10. Brian D. Brooks d/b/a The Pennsylvania Guardianship Agency is willing to be appointed as
Emergency and Permanent Plenary guardian of Ms. Wylie.
11. Waltraud G. Wylie is an incapacitated person and the appointment of an emergency guardian
would allow Waltraud G. Wylie to receive necessary and appropriate medical treatment to be discharged to
an appropriate Hospice or extended care facility. Furthermore, a guardian is needed to have a local and
readily available contact to consent to treatment.
12. Waltraud G. Wylie is currently under the care of the physicians of the group Andrews and
Patel, PC at Holy Spirit Hospital one of which will be available to testify via telephone at an emergency
guardian hearing as to Mr. Wylie's incapacity.
WHEREFORE, Petitioner respectfully requests that this Court schedule a hearing within 72 hours
pursuant to law and appoint Brian Brooks d/b/a the Pennsylvania Guardianship Agency as the emergency
guardian of the person of Waltraud G. Wylie, with the emergency guardianship to be in effect with respect to
the guardianship of the person of Waltraud G. Wylie until the time the Court has scheduled a hearing on the
full guardianship pursuant to Section 5511 of the Probate, Estate and Fiduciary Code.
JOHNSON, DUFFIE, STEWART & WEIDNER
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Date: A ril 23, 2009 BY~ ~~~ ~~~~''~~~~~
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Da d W. eLuce
Attorney `~:D. No. 41687
Elizabeth D. Snover
Attorney I.D. No. 200997
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Petitioner, Holy Spirit Hospital
364178
VERIFI CA TIOAI
1, ~ ~, verify that the statements made in the foregoing Petition are true
and correct tot best of my knowledge, information and belief. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities.
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Dated: ~ ~ /~
04/23/2409 as:57 FAX T17 761 3015 JDS&S}
IN TFIE COURT OF COMMON PLEAS OF CUMBERLANp COUNTY
NO, pRPNANS' COURT
E31'ATE OF WALTRAUD d. WYUE
IQJ VO'L/V 1 1
PETITION FOR THE APPOINTMENT OF EMERGENCY GVARDIAN OF THE ESTATE AND PER80N
OF WALTRAUD d. WYLIE IN ACCORbANCE WITH 20 PA, CONS. STAT. §6513
ACCEPTANCE OF PROP03ED EMERGE/7GS ~ N~ ~ ~ v ~
Brian 0. Brooke d~a the Pennsylvania Guardianship Association of Qncsster,
Pertnaylvanis 17803 hereby agrees to ~coept the appointment ae emergency gusrdisn of the person and
estate of Waltreud d. Wylie, if she la adjudged to be an lnCapaCitated Person by the Cumberland County
Orphans' Court.
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Ban Brooks, Prosidenl
The Pennsylvania Guar~dianzhip Association
gated: `//~3/0'~
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