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HomeMy WebLinkAbout09-18-09~ ~~ IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CATHERINE P. RITTLE, :ORPHANS' COURT DIVISION An alleged incapacitated person . NO. ~ 1 -C~~i -Og'h1 ~ PETITION FOR THE APPOINTMENT OF ~ ,~ ~~ r~r+ ~? EMERGENCY PLENARY GUARDIAN OF THE PERSON AND ES~~ ~~ - n . , IN ACCORDANCE WITH 20 P.S. 5513 AND FOR PER:11/1ANENT PL s~ - °° GUARDIAN OF THE PERSON AND ESTATE ~ '"~ PURSUANT TO 20 P S §5511 ~~ ~ ~ -~ AND NOW COMES THE PETITIONER, the Cumberland Coun A 'ri & tY ~ g ~ ~~' ~; .~. ~ Community Services, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who represents and avers as follows: 1, The Petitioner is the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania, with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Catherine P. Riffle, age 71, who currently resides at 10691 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The known relatives of the alleged incapacitated person are: a. Twila Barnes -Daughter 264 State Rt. 304 Winfield, Pennsylvania 17889 b. David Riffle -Son 3115 Derry Street Harrisburg, Pennsylvania 17111 c. Renee Coffey -Daughter 22299 Pine Ridge Drive Three Springs, Pennsylvania 17264 d. William E. Keister -Son 3768 Derry Street Harrisburg, Pennsylvania 17111 4. The Petitioner is not related to Catherine P. Kittle. 5. The Petitioner's interest is that of a welfare agency concerned with her welfare and is familiar with her case. 6. Catherine P. Kittle has, for at least the last three (3) months, been incapable of managing and caring for herself and her financial affairs. 7. Catherine P. Riffle exhibits symptoms of mental incapacity, including but not limited to senile dementia, of the Alzheimer's type, moderate. 8. Catherine P. Kittle has been evaluated by Christopher Royer, Psy.D. who has concluded that she is unable to make decisions in her own best interest and requires 24 hours supervision and management of her medical and financial appears by a reliable third party. 9. Catherine P. Rittle's mental incapacity prevents her from managing and caring for the affairs of her person and estate. 10. On or about August 6, 2009 and again on or about August 15, 2009, Catherine P. Riffle was found wandering around Mechanicsburg and is at risk of harm in that she has entered a car with a stranger and asked to be taken to her bank to withdraw money. 11. Petitioner, through its authorized representative, has determined that: a. Catherine P. Kittle is not paying her bills resulting in some services being suspended due to non-payment of said bills; b. Catherine P. Rittle's drivers license has expired, her car has not been inspected and there is no insurance on her car. She did not understand the need to have a valid license, a valid inspection for her car as well as the car insurance; c. Catherine P. Kittle has been receiving food three days each week under the Meals on Wheels program but appears not to be eating; d. Catherine P. Kittle has lost 25 pounds during the past 6 months, is not taking her medications as prescribed and, refuses medical care; e. Catherine P. Kittle does not understand the need to have money to do laundry; and f. Catherine P. Kittle is not changing her clothing and is putting her clothes on inside out. 12. The Petitioner believes, and therefore, avers that Catherine P. Rittle's income consists of $900.00 a month from Social Security. 13. Petitioner requests that it be appointed Emergency Plenary Guardian of the Person and Estate of Catherine P. Riffle. 14. Petitioner also requests that it be appointed Permanent Plenary Guardian of the Person and Estate of Catherine P. Kittle . 15. The proposed Guardian has no interest which is adverse to the interest of Catherine P. Kittle. 16. Petitioner believes and, therefore, avers that Catherine P. Riffle does not already have a Guardian. 17. Petitioner asserts that Catherine P. Kittle is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 18. Because of her impaired mental and physical condition, Catherine P. Kittle lacks the capacity to provide for her own personal care and maintenance. 19. Because of her impaired mental and physical condition, Catherine P. Riffle is unable to manage her financial affairs, property and business and is unable to make and communicate responsible decisions relating thereto. 20. A power of attorney would be a less restrictive alternative than Guardianship but Catherine P. Kittle currently does not have anattorney-in-fact and she lacks the capacity, at present, to appoint one. 21. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 22. No other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Catherine P. Kittle. 23. Petitioner believes and, therefore avers that the failure to appoint Petitioner as Emergency Plenary Guardian of the Person and Estate of Catherine P. Kittle will result in irreparable harm to her person and estate. 24. Petitioner avers that Catherine P. Riffle has sufficient assets which would enable her to pay for services rendered by the Guardians o~ her Person and Estate. 25. If appointed as Permanent Plenary Guardian of the Person and Estate of Catherine P. Rittle, Petitioner would seek payment for its services pursuant to the Guardianship Fee Schedule which is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 26. At such time that Catherine P. Rittle no longer has sufficient assets to pay for Guardianship services, then, and in such event, Petitioner would seek payment under the Medical Assistance Regulations. 27. Medical Assistance regulations as set forth in Nursing Care Handbook instructions allow for the payment of Guardian fees as a deduction when determining contribution toward cost of care. 28. The amount of the Guardian's fee that is allowable as a deduction is the actual fee paid subject to a maximum of 10% of the person's gross monthly income or $100.00 per month, whichever is less. 29. Petitioner believes and, therefore, avers that it is entitled to receive payment of a Guardianship fee as allowed by Medical Assistance regulations and that said fee be a deduction toward the cost of the care of Catherine P. Rittle. WHEREFORE, the Petitioner respectfully requests that: 1. The Court appoint Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Emergency Plenary Guardian of the Person and Estate of Catherine P. Riffle pending a final hearing on this Petition and such other powers and restrictions the Court deems proper; 2. Pursuant to 20 Pa.C.S.A. §5513, the Court finds that the emergency necessitating the filing of this Petition will continue beyond seventy-two (72) hours from the date of any Emergency Order; 3. Pursuant to 20 Pa.C.S.A. §5513, the Court schedules a final hearing on or within 23 days from the date of any Emergency Order; 4. The Court appoint Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardian of her Person and Estate; 5. Cumberland County Aging & Community Services is authorized to obtain payment for its services pursuant to the attached Fee Schedule; and 6. Cumberland County Aging & Community Services is authorized to obtain payment of a Guardian fee subject to a maximum of 10% of Catherine P. Rittle's gross monthly income or $100.00 per month, whichever is less, at such time, that Catherine P. Kittle no longer has sufficient assets to pay for Guardianship services and would qualify for Medical Assistance Respectfully Submitted, Dated ~ ~ Anthony L. eLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 ID No. 18067