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Home My WebLink About04-23-09 (2)r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. Ll -vq- c~3g5 ORPHANS' COURT ESTATE OF WALTRAUD G. WYLIE 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 GUARDIAN N C°J ~ -- '. A _, TO THE HONORABLE, THE JUDGES OF SAID COURT: `~~ ~' r-r~ rv -t.'3 W :l: ~ - r-~ T The Petition of Holy Spirit Hospital respectfully represents that: ~ ' '' .~ - -' 1~ _~ N p 1. Your Petitioner, HOLY SPIRIT HOSPITAL OF THE SISTERS OF CHRISTIAN G~i`ARITY, is 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. The alleged incapacitated person is Waltraud G. Wylie (67 years old, DOB 12/02/1941) who resides at 494 Brighton Place, Mechanicsburg, Cumberland County, PA 17055. 3. On April 11, 2009, she was admitted to the Emergency Room at Holy Spirit Hospital of the Sister's of Christian Charity "Holy Spirit Hospital" in Camp Hill, Cumberland County, Pennsylvania for Metastatic colon cancer in its final stage. 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 understand or provide communication. 5. Ms. Wylie's,current diagnosis is that her cancer is terminal and has reached its final stage. 6. 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. h 7. 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. 8. 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, and a petition to appoint an emergency plenary guardian has been filed with this Court. 9. These facilities will not admit Ms. Wylie unless a plenary guardian is appointed. 10. The total assets of the alleged incapacitated person are unknown at this time. However, it is believed that she maintains a bank account. It is also known that she owns her residence at 494 Brighton Place, Mechanicsburg, Cumberland County, PA 17055. 11. Waltraud Wylie is an incapacitated adult person within the meaning of 20 Pa.C.A. Chapter 55 who needs a court appointed guardian for her person and her estate. 12. It is believed and therefore averred that Waltraud Wylie does not have a Power of Attorney or Living Will. 13. A guardian is necessary to facilitate Waltraud Wylie's needed medical care and treatment and to protect and preserve her assets. 14. It is believed that no other court has assumed jurisdiction in any proceedings to determine the capacity of Waltraud Wylie. 15. Brian D. Brooks d/b/a The Pennsylvania Guardianship Agency is willing to be appointed as Plenary guardian of Ms. Wylie and has no adverse interest to Ms. Wylie. 16. Waltraud Wylie will not be able to attend the hearing and her treating physician will testify that her attendance must be excused as it would adversely affect her treatment. WHEREFORE, your Petitioner prays that a Citation be issued to Waltraud Wylie to show cause why she should not be adjudged to be incapacitated and a plenary guardian for her person and her estate be appointed, and that the Court schedule a hearing on this Petition. JOHNSON, DUFFIE, STEWART & WEIDNER ~ . ~ j ~ ~ Date: April 23, 2009 BY~ L ~ ,!`- David W, eLuce Attorne~i, `D. #41687 Elizabeth D. Snover Attorney I.D. #200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioner 364194 .' ~ VERIFICATION 1, ~I I ~r ~ ,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.A. §4904 relating to unsworn falsification to authorities. Dated. / OA/23/2009 69:59 jAX 717 761 3015 .10SAY IN THE COURT" OF COMMON PLEA$ OF GUMDERI.AND COUNTY NO. ORPHANS' COURT iESTATE OF WAL7'RAUD G. WYI.IE ~gnor/o>> PETITION PURSUANT TO SECTION 6611 OF TfNi` PROgATE~ ESTATES AND FIDUGIAitY CODE TO ADJUDICATE WAt.TRAUD d. WYLIE TO BE INCAPACITATED AND TO APPOINT A PLENARY GUARDIAN ACCEPTANCE OF PROPOSED PLENARY GUARDIAN // ? Scvf~1 uJ • £ ltd ~ V ~ Brian D. Btovkc d/b/a the Pennsylvania auardfanship Association of ,Lancaster, Pennsylvania 17003 hereby aprems to accept the appointment as plenary guardian at the parson and estate of Waitraud G. Wylie, if she is adjudged to be an incapacitated person by the Cumberland County Orphans' Court, T ~ A fE3fian ®rovks, Pnaident 7ne Pennsylvania Ouardlanahip Association Dated' ~~ ~D.-~_ Z0 3Stid OSSt~ dIHSNdIQ~Idf1J Cd 0bS566ZLZL OE~TZ 6002/EZ/b0