HomeMy WebLinkAbout03-0279IN THE MATTER OF THE PERSON
AND ESTATE OF:
STELLA KALINA,
AN ALLEGED INCAPACITATED
PERSON
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO.
PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN
OF THE PERSON AND ESTATE
AND NOW COMES THE PETITIONER, the Area Agency on Aging in and for
Cumberland County, Pennsylvania, who represents and avers as follows:
1.
The Petitioner is the Area Agency on Aging, in and for Cumberland County, with
its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania.
2.
The alleged incapacitated person is Stella Kalina, age 85, who resides at 2 Circle
Drive, Camp Hill, Cumberland County, Pennsylvania and has resided there for a period
exceeding one (1) year prior to the filing of this Petition.
3.
The only known relative of the alleged incapacitated person is:
a. Gerald Soltis - nephew of deceased husband
o
On or about March 18, 2003, a neighbor of Stella Kalina, concerned that she had
not received her mail and newspaper that day, looked into a window and saw her lying on
the floor.
4
Police and emergency personnel were called on that date and had to break into the
house in order to gain access. She was thereafter transported to Holy Spirit Hospital
where she is currently a patient.
6.
Petitioner has determined that Stella Kalina suffered a cardio-vascular accident
(stroke) with severe lef~ sided paralysis.
7.
Although she responded to her name by opening her eyes and could answer
simple yes and no questions a few days after her admission, her condition has declined to
the point that she is unresponsive.
8.
A temporary short-term naso-gastric feeding tube has been inserted in order to
provide necessary nutrition, without which Stella Kalina would die.
9.
Petitioner has been advised by Holy Spirit Hospital that regulations now require
that Stella Kalina be discharged into a nursing facility but no nursing home facility would
accept her with a naso-gastric tube.
10.
Petitioner has been advised by Holy Spirit Hospital that a decision has to be made
about whether a more permanent PEG tube for feeding should be inserted but the hospital
will not insert said PEG tube without authorization.
11.
An assessment has been made of Stella Kalina and it has been determined that she
will require nursing home level of care in that she requires total assistance with her
activities of daily living and instrumental activities of daily living.
12.
Admission to a rehabilitation center has not been recommended because of her
poor prognosis.
13.
A psychiatric evaluation could not be performed due to the fact that Stella Kalina
is unresponsive.
14.
Petitioner has determined that Stella Kalina owns her home which has an assessed
value of $103,760.00. Any other financial assets belonging to her are unknown at this
time.
15.
Gerald Soltis, nephew of Stella Kalina's deceased husband, has declined to
become the Guardian of her person and estate.
16.
Petitioner believes and, therefore, avers that Stella Kalina will be at risk of death
or irreparable harm if she is discharged without the appointment of an Emergency
Guardian of her Person and Estate.
17.
Less restrictive altematives are not available because there is no one able to care
for her.
18.
Petitioner is willing to accept the appointment of Emergency Guardian of the
Person and Estate of Stella Kalina.
19.
The nature of Petitioner's interest is that of a welfare agency.
20.
Petitioner has no interest that is adverse to the alleged incapacitated person.
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
incapacity of Stella Kalina.
23.
The failure to appoint Petitioner as Emergency Guardian of the Person and Estate
of Stella Kalina will result in irreparable harm to the person and estate of Stella Kalina.
24.
Petitioner further avers that Notice of the presentation of this Petition be
dispensed with so that this Petition may be granted as soon as possible due to the
emergency that has arisen over the decision that has to be made to insert a permanent
PEG tube for feeding which Holy Spirit Hospital will not perform without authorization.
WHEREFORE, Petitioner prays that this Honorable Court appoint Petitioner as
Emergency Guardian of the Person and Estate of Stella Kalina.
Respectfully Submitted,
Anthony L. DeLuc~, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
Appointment of Emergency Guardian of the Person and Estate of Stella Kalina are tree
and correct to the best of my knowledge, information, and belief. I understand that any
false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904,
relating to unswom falsification to authorities.
Dated: ~o.~ 2..~ 2_00-5
Janet Paull
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
IN THE MATTER OF THE PERSON
AND ESTATE OF:
STELLA KALINA
AN ALLEGED INCAPACITATED
PERSON
PETITION FOR APPOINTMENT OF
EMERGENCY GUARDIAN OF THE
PERSON AND ESTATE AND
PRELIMINARY DECREE
ANTHONY L. DeLUCA
ATTORNEY AT LAW
113 FRONT STREET
P.O. BOX 358
BOILING SPRINGS, PA 17007
IN THE MATTER OF THE PERSON
AND ESTATE OF:
STELLA KALINA,
AN ALLEGED INCAPACITATED
PERSON
· IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
· ORPHANS' COURT DIVISION
PRELIMINARY DECREE
AND NOW, this ,~$'~day of ~, 2003, upon consideration of the
annexed Petition, it is hereby ORDERED AND DECREED that a Heating on this matter
is set f°r the ~-~-~day °f~/~, 2003,at 8: ~___~._~. M. O'clock in
Courtroom No. ~ at the Cumberland County Courthouse, ! Courthouse Square,
Carlisle, Pennsylvania.
/~"~~g ~~' ~s appointed to represent the allegedly
incapacitated person.
BY THE COURT,
IN THE MATTER OF THE PERSON
AND ESTATE OF:
STELLA KALINA,
AN ALLEGED INCAPACITATED
PERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-03-0279
ORDER OF COURT
AND NOW, this 31st day of March, 2003, following a heating, the court finds
that Stella Kalina is an incapacitated person, and the Area Agency on Aging, in and for
Cumberland County, Pennsylvania is appointed Emergency Plenary Guardian of the
Person and Estate of Stella Kalina.
Anthony L. DeLuca, Esquire
For the Area Agency on Aging
Michael Whare, Esquire
For Stella Kalina
By the Court,
IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF
ESTATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA
:
STELLA KALINA, :
AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION : NO. 21-03-0279
PETITION TO EXTEND EMERGENCY GUARDIANSHIP
AND NOW COMES THE PETITIONER, the Area Agency on Aging in and for
Cumberland County, Pennsylvania, who represents and avers as follows:
1.
The Petitioner is the Area Agency on Aging, in and for Cumberland County, with
its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania.
2.
The alleged incapacitated person is Stella Kalina, age 85, single woman, who
resides at 2 Circle Drive, Camp Hill, Cumberland County, Pennsylvania and has resided
there for a period exceeding one (1) year prior to the filing of this Petition.
3.
On or about March 28, 2003, Petitioner filed a Petition for Appointment of
Emergency Guardians of the Person and Estate of Stella Kalina, an alleged incapacitated
person.
4.
Testimony was presented at a Hearing on March 31, 2003 on the Petition resulting
in an Order being entered on March 31, 2003 wherein Stella Kalina was adjudicated an
incapacitated person on an Emergency basis and the Area Agency on Aging, in and for
Cumberland County, Pennsylvania was appointed Emergency Guardians of the Person
and Estate of Stella Kalina, which Order was in effect for seventy-two (72) hours.
The seventy-two (72) hour period has elapsed.
6.
Petitioner believes and, therefore, avers that the emergency continues because her
condition remains the same.
7.
Petitioner believes and, therefore, avers that the Emergency Order dated March
31, 2003, a copy of which is attached hereto, marked as Exhibit "A", and incorporated
herein by reference, should be extended for twenty (20) days from the expiration of the
initial Emergency Order.
8.
Michael Whare, Esquire, counsel for Stella Kalina, the alleged incapacitated
person, does not object to the requested extension.
WHEREFORE, Petitioner prays that this Honorable Court:
1. Extend the appointment of the Area Agency on Aging, in and for
Cumberland County, Pennsylvania, as Emergency Guardians of the Person and Estate of
Stella Kalina, an alleged incapacitated person, for twenty (20) days from the expiration of
the initial Emergency Order, at which time a full Guardianship Hearing will be held; and
2. Issue a rule upon Stella Kalina, the alleged incapacitated person, with
notice thereof to be given to her next-of-kin, and to such other persons as this Court may
direct, to show cause why she should not be adjudged an incapacitated person and the
Area Agency on Aging, in and for Cumberland County, Pennsylvania be appointed
Permanent Plenary Guardian of her Person and another party appointed Permanent
Plenary Guardian of her Estate.
Respectfully Submitted,
y . eLfica, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition to
Extend Emergency Guardianship of the Person and Estate of Stella Kalina are tree and
correct to the best of my knowledge, information, and belief. I understand that any false
statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904,
relating to unswom falsification to authorities.
Dated:
Janet Paull
ent By: CUMB CO OFF[CE OF AGZNG ; 7172406118; Apr-3-03 10:11AM; ,Page 1/1
o: TONY DELUCA At: 92583902
]lq THEMATZER OF THEPERSON
AND EgTATEOF:
KrELLA I(~ I .INA,
AN ALLEGED INCAPACITATED
PERSON
IN' TI~ COI_TRT OF COMMON PLEAS OF
CUMBERLA]q~ COUNTY, PENN'SYLVANL~
ORPHANS' COURT DIVISION
NO. 21-03-0279
ORDE~ oF ~ ._c~.. T
AND NOW', this 3 l'* day of March, 2003, following a hearing, thc court finds
that Stella Kalina is an incapacitated pet~aon, and the Area Agency on Aging, in and for
Cumberland County, Pennsylvania is appoint~ Emergency Plenary Guardian of thc ~'~'~.
Person and Estate of Stella Kalin~
Anthony L. DeLuca, Esquire
For ~e Area Agunacy on Aging
Michael Whare, Esquire
For Stella KaIina
By the Court,
EXHIBIT
liN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANI
ORPHANS' COURT DIVISION
NO. 21-03-0279
IN THE MATTER OF THE PERSON
AND ESTATE OF:
STELLA KALINA,
AN ALLEGED INCAPACITATED
PERSON
PETITION TO EXTEND
EMERGENCY GUARDIANSHIP
AND ORDER
ANTHONY L. DELUCA
ATTORNEY AT LAW
113 FRONT STREET
P.O. BOX 358
BOILING SPRINGS, PA 17007
IN THE MATTER OF THE PERSON AND :
ESTATE OF: :
:
STELLA KALINA, :
AN ALLEGED INCAPACITATED PERSON:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-03-0279
ORDER
AND NOW, this ~al/ day of /~o.,t, '~ ,2003, upon consideration
of the Petitioner's Petition to Extend Emergency Guardianship, it is Ordered and Decreed
that:
1. The appointment of the Area Agency on Aging, in and for Cumberland
County, Pennsylvania, as Emergency Guardians of the Person and Estate of Stella Kalina
be extended for twenty (20) days from the expiration of the initial Emergency Order;
2. A Heating be held on the o~ q d~'aay of A~a~ ,2003 in
Courtroom No. ) , Cumberland County Courthouse, Carlisle, Pennsylvania at
__ .M. to determine whether Permanent Plenary Guardians of the Person and Estate of
Stella Kalina should be appointed; and
3. Issue a rule upon Stella Kalina, the alleged incapacitated person, with
notice thereof to be given to her next-of-kin, and to such other persons as this Court may
direct, to show cause why she should not be adjudged an incapacitated person and the
Area Agency on Aging, in and for Cumberland County, Pennsylvania be appointed
Permanent Plenary Guardian of her Person and another party appointed Permanent
Plenary Guardian of her Estate.
BY THE COURT,
IN THE MATTER OF THE PERSON
AND ESTATE OF:
STELLA KALINA,
AN ALLEGED INCAPACITATED
PERSON
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-0279
PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIANS
OF THE PERSON AND ESTATE
AND NOW COMES THE PETITIONER, the Area Agency on Aging in and for
Cumberland County, Pennsylvania who represents and avers as follows:
1.
The Petitioner is the Area Agency on Aging, in and for Cumberland County, with
its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania.
2.
The alleged incapacitated person is Stella Kalina, single woman, age 85, who
currently resides at 2 Circle Drive, Camp Hill, Cumberland County, Pennsylvania.
3.
On or about March 28, 2003, the Petitioner filed a Petition for Appointment of
Emergency Guardian of the Person and Estate of Stella Kalina to No. 21-03-0279 of the
Orphans' Court Division of the Court of Common Pleas, in and for Cumberland County,
Pennsylvania.
4.
The contents of the Petition for Appointment of Emergency Guardian of the
Person and Estate of Stella Kalina are incorporated herein by reference as though set
forth in full.
o
Testimony was presented at a Hearing on March 31, 2003 on the Petition resulting
in an Order being entered on March 31, 2003 wherein Stella Kalina was adjudicated an
incapacitated person on an Emergency basis and the Area Agency on Aging, in and for
Cumberland County, Pennsylvania was appointed Emergency Guardian of the Person and
Estate of Stella Kalina, which Order was in effect for seventy-two (72) hours.
6.
On or about April 3, 2003, Petitioner filed a Petition to Extend Emergency
Guardianship and, by Order dated April 3, 2003, the appointment of the Area Agency on
Aging, in and for Cumberland County, Pennsylvania, as Emergency Guardian of the
Person and Estate of Stella Kalina was extended for twenty (20) days from the expiration
of the initial Emergency Order and a Heating is scheduled for April 24, 2003 to
determine whether Permanent Plenary Guardians of the Person and Estate of Stella
Kalina should be appointed.
7.
There are no known relatives of the alleged incapacitated person except for
Gerald Soltis, a nephew of her deceased husband.
8.
The Petitioner believes and, therefore, avers that due to the medical and mental
conditions of Stella Kalina she is unable to care for herself and that permanent placement
in a nursing home facility is the least restrictive alternative because there is no one able to
care for her.
o
The Area Agency on Aging, in and for Cumberland County, Pennsylvania, is
willing to accept the appointment of Permanent Plenary Guardian of the Person of Stella
Kalina.
10.
No other Court has ever assumed jurisdiction in any proceeding to determine the
incapacity of Stella Kalina.
11.
The failure to appoint the Area Agency on Aging, in and for Cumberland County,
Pennsylvania as Permanent Plenary Guardians of the Person and Estate of Stella Kalina
will result in irreparable harm to the person and estate of Stella Kalina.
WHEREFORE, Petitioner prays that this Honorable Court direct that a Citation be
issued upon Stella Kalina to show cause why she should not be adjudged an incapacitated
person and that the Area Agency on Aging, in and for Cumberland County,
Pennsylvania be appointed as Permanent Plenary Guardian of the Person of Stella Kalina
and that another party be appointed as Permanent Plenary Guardian of the Estate of Stella
Kalina.
Respectfully Submitted, , _
.A2ntl~ony L. DeL'la~, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
Appointment of Permanent Plenary Guardians of the Person and Estate of Stella Kalina
are tree and correct to the best of my knowledge, information, and belief. I understand
that any false statements contained herein are subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unswom falsification to authorities.
Dated: ~{~r'~ { q, OOOff
Janet Paull
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANI
ORPHANS' COURT DIVISION
NO. 21-03-0279
IN THE MATTER OF THE PERSON
AND ESTATE OF:
STELLA KALINA,
AN ALLEGED INCAPACITATED
PERSON
PETITION FOR APPOINTMENT OF
PERMANENT PLENARY GUARDIANS
OF THE PERSON AND ESTATE
PRELIMINARY DECREE & CITATION
ANTHONY L. DEIUCA
ATTORNEY AT LAW
1 '13 FRONT STREET
P.O. BOX 358
BOILING SPRINGS, PA 17007
IN THE MATTER OF THE PERSON
AND ESTATE OF:
STELLA KALINA,
AN ALLEGED INCAPACITATED
PERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-03-0279
CITATION TO THE ALLEGED INCAPACITATED PERSON
To: Stella Kalina:
We command you to appear at a heating in the Orphans' Court of
Cumberland County, to be held in Courtroom No. 3 of the Cumberland County
Courthouse, on April 24, 2003, at 3:30 o'clock P.M., to show cause why you should not
be adjudged an incapacitated person and a Guardian appointed for your person and estate.
BY THE COURT,
IN THE MATTER OF THE PERSON
AND ESTATE OF:
STELLA KALINA,
AN ALLEGED INCAPACITATED
PERSON
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-03-0279
PRELIMINARY DECREE
AND NOW, this ; day of April, 2003, upon consideration of the annexed
Petition, it is hereby ORDERED AND DECREED that a Hearing on this matter is set for
the 24th day of April, 2003, at 3:30 O'clock P.M. in Courtroom No. 3 at the Cumberland
County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania.
Michael Whare, Esquire shall continue to represent the allegedly incapacitated
person.
BY THE COURT,
IN RE: STELLA KALINA
AN ALLEGED INCAPACITATED PERSON
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
· ORPHANS' COURT DIVISION
· NO. 21-2003-0279
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the Court to have you declared an Incapacitated Person. If the
Court finds you to be an Incapacitated Person, your rights will be affected, including our right to manage
money and property and to make decisions. A copy of the petition which has been filed by Area Agency
of Aging is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. 3, Cumberland
County Courthouse, Carlisle, Pennsylvania, on April 24 ,202003, at 3:30 P.M. to tell the
Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your
behalf.
To be an incapacitated Person means that you are not able to receive and
effectively evaluate information and communicate decisions and that you are unable to
manage your money and/or other property, or to make necessary decisions about where
you will live, what medical care you will get, or how your money will be spent.
At the heating, you have the right to appear, to be represented by an attorney, and
to request a jury trial. If you do not have an attorney, you have the right to request the
Court to appoint an attorney to represent you and to have the attorney's fees paid for you
if you cannot afford to pay them yourself. You also have the tight to request that the
Court order that an independent evaluation as to your alleged incapacity.
If the Court decides that you are an Incapacitated person, the Court may appoint a
Guardian for you, based on the nature of any condition or disability and your capacity to
make and communicate decisions. The Guardian will be of your person and/or your
money and other property and will have either limited of full powers to act for you.
If the court finds you are totally incapacitated, your legal rights will be affected
and you will not be able to make a contract or gift of your money to other property. If the
court finds that you are partially incapacitated, your legal rights will also be limited as
directed by the Court.
If you do not appear at the hearing (either in person or by an attorney representing you)
the court will still hold the hearing in your absence and may appoint the Guardian requested.
Clerk, Orphans' Court Division ' ~
Cumberland County, Carlisle, PA
My Commission Expires 1 st Monday, '
January, 2006
IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF
ESTATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA
:
STELLA KALINA, :
AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION : NO. 21-03-0279
s~~day~ FINAL DECREE
AND NOW, thi of April, 2003, upon consideration of the Petitioner's Petition
for Appointment of Permanent Plenary Guardians of the Person and Estate of Stella Kalina and
upon consideration of the presentation of testimony, it is hereby Ordered and Decreed that the
Court finds Stella Kalina to be an incapacitated person and appoints Roxanne Rishel and Debbie
Logan as Permanent Plenary Co-Guardians of the Person of Stella Kalina and Waypoint Bank as
Permanent Plenary Guardian of the Estate of Stella Kalina.
BY THE COURT,