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HomeMy WebLinkAbout03-25-106 REAGER & ADLER, PC BY: DAVID W. REAGER, ESQUIRE n c ° Attorney LD. No. 20868 ~ ~ ,=~; ~; ' 2331 Market Street rp z ~ ~' ~ ~" ~ ' ~' Camp Hill, PA 17011 ? ;~ ., ~ ~ ~-~ r ~~, ~ ' Telephone: (717) 763-1383 '~~c~~ ' - ~ ~ ~ _. Facsimile: (717) 730-7366 ~~ ~° n A Email: DWReager@ReagerAdlerPC.com ~ -~'+ ~ : ~ , IN THE MATTER OF LAWRENCE W. BITNER, AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ~_ /U _ ~~9g EMERGENCY PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND ESTATE AND NOW, comes Ann K. Bitner, Petitioner, by and through her attorneys, Reager & Adler, PC, and brings this Petition for the determination of the incapacity of LAWRENCE W. BITNER, and for the appointment of an emergency plenary guardian of the estate and person of the alleged incapacitated individual in accordance with 20 Pa. C.S.A.. §5513, alleging in support thereof the following: 1. Your Petitioner is Ann K. Bitner, who resides at 906 West Walnut Street, Wormleysburg, PA 17043. 2. The alleged incapacitated individual is Lawrence W. Bitner, who is 62 years of age and who resides at 906 West Walnut Street, Wormleysburg, PA 17043, but who is at present a patient at Harrisburg Hospital, Harrisburg, PA. 3. The alleged incapacitated person is married to the Petitioner, Ann K. Bitner, who resides at 906 West Walnut Street, Wormleysburg, PA 17043. 4. There are no presumptive adult heirs of the alleged incapacitated. 5. The alleged incapacitated person is presently institutionalized at Harrisburg Hospital, Harrisburg, PA. 6. The name and address of the proposed emergency plenary guardian of the person who the Petitioner seeks to have appointed as guardian is Ann K. Bitner, who resides at 906 West Walnut Street, Wormleysburg, PA 17043. 7. The name and address of the proposed emergency plenary guardian of the estate who the Petitioner seeks to have appointed as guardian is Ann K. Bitner, who resides at 906 West Walnut Street, Wormleysburg, PA 17043. 8. The proposed guardian has no interest adverse to the alleged incapacitated person. 9. The alleged incapacitated person has not executed a Durable Power of Attorney. 10. The alleged incapacitated person has executed a Will and the location of the original document is in the possession of his attorney, David W. Reager, Reager & Adler, PC, 2331 Market Street, Camp Hill, PA 17011. 11. The alleged incapacitated person has not executed a Living Will, Advanced Healthcare Directive, or similaz document. 12. The guardianship is sought because the alleged incapacitated is in an induced coma to control seizures, brain function is suppressed, seizure activity with "deltoids", heart function less than 10%, liver and kidney failure. See Deposition of Individual Qualified to Render Opinion as to Incapacity attached as Exhibit "A" hereto. 13. Your Petitioner believes there are no less restrictive alternatives than the appointment of an emergency plenary guardian of the person and the estate. 14. The proposed emergency guardian has the following qualifications: she has been married to the alleged incapacitated for 42 years, she is a retired manager in data processing with Blue Shield. 15. The gross value of the estate of the alleged incapacitated person, insofaz as it is known to the Petitioner, is approximately Eight Million Dollazs. 16. The net income from all sources payable to the alleged incapacitated person, the extent known by the Petitioner, is as follows: One Million Dollars. 17. There are imminent and pending health Gaze and financial decisions that are required of the Alleged Incapacitated Person that must be made immediately and thus the necessity of an emergency appointment of guazdian under 20 Pa. C.S.A. §5513. 18. The consent of the proposed guazdian is attached hereto as Exhibit "B" and made a part hereof. 19. No other court as ever assumed jurisdiction in any proceeding to determine the capacity of the Alleged Incapacitated Person. 20. No other guardian has been appointed for the estate or person of the Alleged Incapacitated Person. WHEREFORE, your Petitioner prays your Honorable Court for an Order determining that Lawrence W. Bitner is an incapacitated individual and is in need of the appointment of an emergency plenary guardian of his person and estate, for an Order determining the time and place of the hearing on this Petition, if the Court determines necessary, and for an Order appointing Ann K. Bitner as emergency plenary guardian of the person and Ann K. Bitner as emergency plenary guardian of the estate of the alleged incapacitated individual. Respectfully submitted,. Date: ~-~ 1- ,.2010 REALER & LE PC By: David W. Reage ,Esquire Attorney I.D. #20868 2331 Mazket Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Email: DWReager@ReagerAdlerPC.com Exhibit "A" DEPOSITION OF INDIVIDUAL QUALIFIED TO RENDER OPINION AS TO INCAPACITATION This written deposition of James F. Rich, M. D. , a witness in this matter, is taken on the 24th day of March, 2010 Pennsylvania. Please state your name and your professional address. James F. Rich, M.D. 2. Please describe your education, training and background with particular emphasis on your expertise in evaluation of individuals with incapacities OR attach to this written deposition your curriculum vitae. Medical Doctor 3. In your professional capacity, have you had the opportunity to meet with, examine, speak with or otherwise become acquainted with Lawrence William Bitner ~ (name of patient) If yes, please state the following: I first became acquainted with Lawrence William Bitner ~ in 2005 , (name of patient) when he/;~tiddKtt~c$50l~9~tt~tlkf}~~ilf became my patient I have since i3.~~FX~14~fif~tsr treated) hirr on ~anY other (circle applicable contacts) occasions with an average frequency of 2-3 times per year since 2005 (day/week/month/year). 4. Please evaluate the present condition of this patient with respect to incapacities of the type alleged in the Petition for Adjudication of Incapacity. In particular, please comment on the nature and extent of the alleged incapacities and disabilities and also, insofar as you are able, his/her mental, emotional and physical condition, adaptive behavior, and social skills. Based upon my education, training and experience, as well as my acquaintance with this patient, it is my opinion, to a reasonable degree of medical certainty, that his/her incapacities are as follows: Mental condition B a n function a„~nree~pcl SPi9 ~ + ~ ~ L,{th ~~.io1t irie~~ Emotional condition Physical condition Induced coma to control seizures; heart function less than 10~• liver- and kidney fail „~ Adaptive behavior Social skills 5. Based upon your education, training and experience, and your contacts with this patient, do you have an opinion, to a reasonable degree of medical certainty, whether he/she is impaired in his/her ability to effectively receive and evaluate information and to make and communicate decisions in any way? comatose If yes, please explain your opinion. 6. If you are of the opinion that he/she is impaired in his/her ability to effectively receive and evaluate information and to make and communicate decisions in any way, does such impairment render him/her either partially or totally unable to manage his/her financial resources? If yes, check whether such impairment renders him/her: Partially unable to manage his/her own finances. X Totally unable to manage his/her own finance. Please explain your opinion. Induced comatose condition If you are of the opinion that he/she is impaired in his/her ability to effectively receive and evaluate information and make and communicate decisions in any way, does such impairment render him/her either partially or totally unable to meet the essential requirements for his/her physical health and safety? If yes, check whether such impairment renders him/her: Partially unable to meet essential requirements for his/her physical health and safety. % Totally unable to meet essential requirements for his/her physical health and safety. Please explain your opinion. Induced comatose condition ~ i 8. Please provide an assessment of the severity of any impairments of this patient. Imoalrment (Circle one) a) Total holy mild moderate severe b) mild moderate severe c) mild moderate severe d) mild moderate severe e) mild moderate severe ~ mild moderate severe g) mild moderate severe h) mild moderate severe 9. Is the condition of this patient such that because of his/her condition, he/she would be susceptible to undue influence by unscrupulous or designing persons? N/A If so, what services or assistance would you recommend as necessary to appropriate management of this patient's finances? Granting full guardianship of his person and affairs to his wife, Ann K. Bitner, of 42 years. 10. What services or assistance would you recommend as necessary to meeting the health and safety needs of this patient? Presently in ICU at Harrisburg Hospital. Prognosis is .that he will not survive. 11. Are the services or assistance recommended the least restrictive altematives? Does the patient need the services of the guardian to make decisions regarding the patient's healthcare, safety and financial resources? In other words, could the patient evaluate, communicate and make decisions regarding his/her health treatment, safety and financial resources in important matters without the guardian? If not, please explain why less restrictive alternatives are inappropriate. Requires total guardianship control. @3; 24/2019~yI5:~01 vv ,717909x939 ~ ~~~ rnr irv, ,~ ~~;,c REAGER & ADLp2 pC 12- Based upon your sdUCiwOn, UA1111f10, expertstlce and {Y rNg- ttMe pi~pent whet Is Your oprtion as to the lYullhood eh.t the deprrk a IncapeCiletlal wl~ MgtMllgnuy change? PAGE B6 Prosuosie ie that hr viii eat survive. 13. woula tlw ptyelcel or mwiw sorxlNien d ttMe peuwK bs twrmed by trslher pfesenae In open ~~ N071~ P~rowYlwnle law, 20 PN.C.S. ~11(sK~1, ~+i"s that d+..M.grd IncepeaNrMn4 Dwion be preesnt e! ttre ~t0 tM11Mt • physlpen ar 1'roetwd peydrolog)et proWflee by dspoelren, IeelNtrpy or eWOtn ~tawnw>t, en opKrior- flat IrhR~er ptyyelCel or merrW congltion would be hat>!Wd by hleNlet p~eeelroe in court. If yes, pieesa ~MIn_ Not possible. I, Na.e A. +~h t3 t] vN1ty that the statements made in the fofagWflg dePoNtloR ere true end COrreCt to ~ best of my tvrowledee.l~armeftar elyd belief. I ultleretertd U1et the st~esments herein are a~ to tt-e pelleiNles of 1 tl Pe.C.S. §a80a reletlnp to unswvrrt teWAcedon a sultrorltles. ~~ Cel 17) 979-5886 IN THE MATTER OF 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LAWRENCE W. BITNER, AN ALLEGED ORPHANS' COURT DIVISION INCAPACIT)$ATED PERSON NO. CONSENT OF GUARDIAN TO EMERGENCY APPOINTMENT I, ANN K. BITNER, hereby consent to act as the emergency plenary guardian of the estate and emergency plenary guardian of the person of the Alleged Incapacitated Person, Lawrence W. Bitner. I reside at 906 West Walnut Street, Wormleysburg, PA 17043 and am able to engage in substantial gainful employment. I am a citizen of the United States of America and can speak, read and write the English language. I do not serve in any fiduciary capacity of an estate in which a Lawrence W. Bitner has an interest; and I have no interest adverse to Lawrence W. $itner, the Alleged Incapacitated Person. ~~ Ann K. Bitner Proposed Guardian Sworn to and subscribed before me ~ COMMONW~AL~Fi NN~YI.VANIA ' I ,~~, Notarial Seal th1S 5 day of N~ , 2010. Deborah ~ Brenneman, Notary Public Camp Hill Boro, Cumberland County My Commission ~a ,tune t tl, 2010 Member Pennsylvania Associatlon of Notaries Otary PUb11C VERIFICATION I, Ann K. Bitner, Petitioner herein, hereby certify that the fact set forth in the foregoing Emergency Petition for Adjudication of Incapacity and Appointment of Guardian of the Estate and Person in accordance with 20 Pa. C.S.A. §5511 and §5513 are true and correct according to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. §4909 relating to unsworn falsification to authorities. Date: ,G~aS , 2010 _~~~ ~~ Ann K. Bitner