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HomeMy WebLinkAbout06-20-11IN RE: NANCY J. DEITCH :COURT OF COMMON PLEAS OF An Adjudicated Incapacitated Person :CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT ORPHANS' COURT DIVISION NO. 21-99-635 PETITION OF GOLDEN LIVINGCENTER -CAMP HILL FOR REMOVAL AND APPOINTMENT OF SUCCESSOR GUARDIAN OF THE PERSON AND ESTATE OF NANCY J. DEITCH AND NOW, comes the Petitioner, Golden LivingCenter -Camp Hill ("GLC -Camp Hill"), by and through its counsel, Thomas, Thomas & Hafer, LLP, and respectfully petitions this Honorable Court pursuant to 20 Pa. C.S. § 5514 for an Order removing Gloria Clymer as Plenary Guardian and appointing a successor guardian over the Person and Estate of Nancy J. Deitch, and, in support thereof, avers as follows: 1. Petitioner, GLC -Camp Hill, is licensed as a long-term care nursing facility in Pennsylvania. 2. GLC -Camp Hill is a long-term care nursing facility located at 46 Erford Road, Camp Hill, Pennsylvania 17011. 3. Nancy J. Deitch is 79 years of age with a date of birth of May 25, 1932. 4. Nancy J. Deitch was admitted to GLC -Camp Hill on September 9, 1998, and is currently a resident at that facility. The essential requirements for Ms. Deitch's health and safety are provided at GLC -Camp Hill. 5. Residential services are currently being provided to Ms. Deitch b Y~ ~ ~~ Cap Hill. ~ -v ~ Tj ; '*~ m ~~~ © ~:-~~Tr c~ 0 :-7 0 - :~ - ~, ~ ~, __ -~ ~--+ ~, ~' 955110.1 ~" ~'~ p c' '~ 6. As the residential care provider for Ms. Deitch, GLC -Camp Hill has an interest in her welfare given her status as an incapacitated person. 7. By Final Decree dated September 13, 1999, Orphan's Court Docket No. 21-99- 635, this Court had previously appointed Gloria Clymer plenary guardian over the Person and Estate of Nancy J. Deitch. 8. Upon Petitioner's information and belief, Gloria Clymer has passed away on December 8, 2010. See Death Certificate attached hereto as Exhibit "A". 9. Upon Petitioner's information and belief, Nancy J. Deitch has a niece, Josylan Hull, who resides at 2057 Harrisburg Avenue, Mt. Joy, PA 17552; (717) 367-3723. 10. Upon Petitioner's information and belief, Nancy J. Deitch has a niece, Beverly Clymer, who resides at 240 Glenwood Road, Dillsburg, PA 17019; (717) 432-4191. 11. Upon Petitioner's information and belief, Beverly Clymer does not oppose the appointment of Josylan Hull as guardian over Nancy J. Deitch's Person and Estate. See, Exhibit «B„ 12. Upon Petitioner's information and belief, Nancy J. Deitch has a daughter, Barbara Ann Fisher, who resides at 88 North Tulpehocken Street, Pine Grove, PA 17963; (570) 345- 4069. 13. Upon Petitioner's information and belief, Barbara Ann Fisher does not oppose the appointment of Josylan Hull as guardian over Nancy J. Deitch's Person and Estate. See, Exhibit «C,~ 14. Upon Petitioner's information and belief, Nancy J. Deitch has a granddaughter, Heather Fisher, who resides at 235 North Pine Street, Tremont, PA 17981. 2 15. Upon Petitioner's information and belief, Heather Fisher does not oppose the appointment of Josylan Hull as guardian over Nancy J. Deitch's Person and Estate. See, Exhibit «D„ 16. Josylan Hull has agreed to serve as guardian over Nancy J. Deitch's Person and Estate. See, Consent of Proposed Guardian attached hereto as Exhibit "E". 17. Upon Petitioner's information and belief, Nancy J. Deitch's mental condition has not changed since the appointment of Gloria Clymer on September 13, 1999. See, Affidavit of Greg Ehgartner, D.O., attending physician, attached hereto as Exhibit "F" 18. Petitioner believes there are no less restrictive alternatives to the appointment of a successor permanent plenary guardian of Nancy J. Deitch's Person and Estate. 19. Upon Petitioner's information and belief, the proposed guardian has no interest adverse to Nancy J. Deitch, nor is she a fiduciary of any estate in which she has an interest. See, Exhibit "E". 20. Nancy J. Deitch's mental and physical condition mandate that a guardian be appointed to make decisions concerning her Person and Estate, including, but not limited to, her living arrangements, her medical and psychiatric care, the administration of medications, surgical interventions, the employment and discharge of physicians, dentists, nurses, etc., for her physical care, and to manage her financial affairs. 21. Petitioner, therefore, respectfully requests that the proposed guardian be given powers over the Person and Estate of Nancy J. Deitch. WHEREFORE, Petitioner, Golden LivingCenter -Camp Hill, respectfully requests that this Honorable Court issue a Rule to Show Cause, why Gloria Clymer should not be removed as 3 plenary guardian over Nancy J. Deitch's Person and Estate and why Josylan Hull should not be appointed the successor guardian over Nancy J. Deitch's Person and Estate. Respectfully submitted, THOMAS, THOMAS & HAFER, LLP Date: ~ 6 ~ Mar A. Moyer, Attorney I.D. Nfi 305 North Fr~r~(t f. 76434 Street, 6th Floor P.O. Box 999 Harrisburg, PA 17108 717-441-3960 mmoyer@tthlaw. com Counsel for Petitioner Golden LivingCenter -Camp Hill 4 EXHIBIT A H105.8pi 12E~ IOUO7i LOCAL REGISTRAR'S CERTIFICATION OF DEATH WARNING: It is illegal to duplicate this copy by photostat or photograph. fee for this certificate, $6.00 P 16933681 Certification CV`umber This is to cer(sf~ t!ia; the information here I~iren is correct(}t copied~l-ruin an original G:~rtiticate of Death duly filed ~y~ith me 41s Local Re~~i~trar. The orir*inal certificate will hc' Conxarded to the Stag Vital Records Office t~ur permanent filim~. Local Registrar D~.ne Issued ~[EDi . ~ 1 shoo -~ ~~~ ~ a' ~ la R,n- 'C3. Cry me r- OB~IA3 REV 11!2006 COMMONWEALTH OF PENNSYLVANIA • DEPARTMENT OF HEALTH • VITAL RECORDS 7/PE! PRIM W PERMANENT CERTIFICATE OF DEATH BUCK WK (See instructions and examples on reverse) STATE FILE NUMREP 1. Name d DegderN fF>m. midde, msl su5x1 2. Sex 3. Soda( Savory Number 1, Dala d Deam IMOnm. day, year) GLORIA T. CLYMER female 184 - 26 -7373 December 8, 2010 s. Age llan Birthday) tkd« t year lMd« t day 6. D.m d B"am (Murm, day. ye«) ?. Binhpmce (Ci and slam « laaign country) Ba. Pmu d Death (Check ury one( ua~ra D•Y+ ttowa raranea Hospiln: Duren yrs 8/26/1933- Phillipsburg PA ^InpaUenl ^ER /OulpaOea ^OOA ^Nas' Home ^Omer mq ~Aesiaence 5pedly. 8D. Counry of Death &. City. Boro, Twp. of Death Bd. FadGly Name (II nd insUlulipn, gNe slreei ant numDerj 9. Was Daedenl of Hispanic Origin? Q No ^ Yes 1 D. Race: American Indrn, Blapk. Whim, n York Franklin Twp . (n yes. spalry Cuoan, (Spedly) 240 Glenwood Road Mexican, Puerto Rban. et<.) white 17.Oecedenl's Uswl DCCUpaGon (Kad d •aort done du' most d Itle. Do nd slam reWad) 72. Was Decedent ever in the 13. Ded!tlenYa EdugOOn (Speuly Dory highest grade nxanpleled) I d. Mahal StaNS: Married, Never Marred. 75. Surviving Sparse (11 wile. give maiden name) Kepi d Wak NiM d Buskru / bdluuay U.S. Armed F«ces? Elenrnlary / Sewndary (0.12) Cdlege (1 J a 5+) Wroowed. DFOrced (Spedry) Homemaker Own Home ^red ~]Np 9 married William M. Clymer 76. Daedwa's Mang Address (Sava d7y / bwn. Ham, tV node) Decedent's PA Did DaedeM Frank( ar 240 Glenwood Road t Acorn Rnidance 17s. gale live ~ a t 7 Vas. OecedaM l'ned'n , ~ Twp llsbtug PA 17019 Di T~~ t7b.ceatry York "' ^ "° i~i n~ ` ni°"a~' ~ . A ni c LLk o t CiN / Bap ta. FaCrr's Name (Firs(. nedde, msl sul~l I9. Mdh«'s Nana (Fast middle. maiden sumamN Gordon 0. Tram Ellen line Kenn 20a. Inbmunl's Name (TYpe / P^nq 20b. blormsnYS Ma3rq Address (Basel. dry / bwn, smle. tip code) William M. Clymer 240 Glenwood Road, Dillsburg PA 17019 2ta. Method d Disposition ®Gematiur ^ Donadpn 21 D. Date d Dispositim (Month, day, year) 21c Ptxe d Disppsillon (Name d am«ery, demalary or oNer pence) 21d. (saran ICi1y /sown. suk, np mde) ^ Burin Removal Itom Smle W Cremation ar Donation Aumorixed ^ ^ 12/28/2010 Evans Cremation Service l eloa PA 17540 - Yea ^ ~ Omer ~ 5 ksl Eaamin« / Coron«? a 2h Sign M Service as 22b. Lk«w NtuMer 22c Name and Adaess of Faaary - - FD-012427-L Heilig Ftmeral Home, 21 ii. Main St. Motmt Joy PA 17552 Camplem Hems 23as say when aaMlykg To Ur ben d my know4dga. Gam snored at tr IMr, dW and plats zmled. (Bigvmre and Uue) • 23b. License Number 23c. D«e SignM (Murlh. day. yeu7 physiccna nd avaaade at Ume d deem b d!raay ease d dpm. /tyy ~ _ _ ~ n ~- + t t VJ Vy.•7~x `V ~ s q i ~ a - s - aa10 - Hems 2a~25 must Oe sand«M oy persM 2¢. Tone d Deam ,`,` v UO 25. Dam PronolAtad Dead (Murm, OaY. Ys«I 26. Was Case Reler M to Meracn Eaamner 7 Caurer la a Reason Olh« than Cremation d Duration? wig prdquncn demo. ~ M 3 ~ _ / V ^ Yes ~No '''ttt ''' CAUSE OF DEA7H (Sea Instructions and . amples) ~ Aoproximala inlarvaC Pan II: Enter aher sioryf t cmdliau emlrtWkn w dnm, 29. Did Tobaaa Use Contnbula b Deam? Hem 27. Pan 1. Ente me drip d evab - tfwases, injtvfaS, or mmplkaUurs -dal drecay nosed me denh. 00 NOT em« temann even6 wdt as drdia arms, Onset to Deem but nd rasdting kt me underlying cause given kt PM I. ^ vas ^ Prdrdy aspiratory armt a vedtiaaar aOrlgUan nimoul alnwag the etiology. list Dray ar pose an nN tole. i 0 IUMEDIATE CAUSE F l G ref '' .p~.o ^ Unknavn I'~ ,_' vu I seue a certdiaan rcndf.5 n athl _~ a. ~4J ~Y ~ ~ ~ ((~ ~{_ ; 7 '~] ... - J~~ /~ ~~.+ ~ 29.,II,~F{Mam: dr ro Ia as a consequence dl: n ~) Sagtt«Naly nn catdlions. 0 arty. b. P~o []lYi'~W7 C ~.X ~ ~ P L-~ i Z - 3 Nba m a i d n ~ -A+~ !{} Na prognaM wkNn pan Ye« ^ Pragnaa at lane d dam ile on b e cause ne a. Due ro a as a Wm u r Enmr UNOERLriNG CAUSE ( d11 r Nd pegrura. Dul ^ prepnanl watart e2 days (6sease a ~y mat in{liammdd the c t evade reswlktq m seam( uBT. ~ ~ ~ d loam DUe ro (a as a Consequence OQ: ~ ~ N ^ Nd pregnant. bW ,regnant a3 days l0 1 year Oelae Deam d. ^ Unknown a pregnant wehin me past ye« 30a. Was an Adapsy 300. Werc Aubpay FatArc/s 31. Mamar of Oealh 32a. Date d Injury (MOnm. day, year( 720. DesmLe How Injury OcwrtM 32c. Pence d aYUtY Rana, F«m, Shen. Faday, PMamed? Avalade Prior b CatpNUOn Nalual ^ Harvdda Ofice Bolding. He ySpecAyJ pl Cdux d Deam? ^ Yes '~NO ^ Yes ^ No ^ Accident ^ Pending InvesligaUon 32d. Txn¢ of Injury 32e. Injury al Wak? 32i. II inrtspMalbn Irqury (Spedty) 32q. LoraUan d Irgtry (SateL dIY /lows. sur(e) ^ Suidde ^ Codd Nd 0e O«emknad M ^ Yes ^ No ^ Om« / Opeabr ^ Passenger ^PMestdan Om« - Spadlr 33a DMgrr Idrdt say art 33b. SigrrWn TN Meier . • Cenirying physician (Phydoian cerGyinq faun d deem When arwlh« phyndart Mf prerauKed daalh ant CtmplelM Imm 23) - To the ben or my knewmdge, dnm eaurrad due le the cauaNal and marwrr as emlad_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ • Pronotrtcing and cerdryirg phyMein (Pttyntan boor prarundrtg loam and nnastq b awn al loam) T l t Ih d ^ d d d 33c. l.¢anas N 33d. Dne SignM IMmm. dap. yeap un a tM bat of my knowNdge, nm tlpcettM H the lime. da1S and p aeR art o ! awelsl and manner xs smle _ _ _ _ _ _ _ _ _ _ _ • Medial Examin«yCaon« _______ N~ e33 z. e+yZ ~ `Z+ 4 /~(~ I On me oasis or examination artd / a imresligaliur, in my opinion, deNh acvrred al the lime, data, sod piste, and due to the cause(s) and manner a smtM_ ^ ~, N«n, ~ we d Deam errs 27) Type / Pdnl ~~~ ~ i Regi arse d.Dlsaa Nume«`~, I a I ~ 13 I ~ I ~- I " wen ea,Mmm lanr),, _ AMP ELI.a MO 2140 Fisher Road 0555529 nrva,nanlwuury, Ir/i llu.7~ D~aposition Permit Np. ~i~ ~ss-i gas EXHIBIT B TH~IVIAS, THOMAS & ~-IAFERLLP Attorneys At La~~~ Sn-eet Address: 305 North Front Street, Harrisburg. PA 17101 Mailing Address: P.O. Box 999, Harrisburg, PA 17105 Phone: 717.237.7]00 Fax: 717?37.7105 Marc A. Moyer (717) 441-3960 mmoyer@tthlalt~. com June 10, 2011 Beverly Clymer 240 Glenwood Road Dillsburg, PA 17019 Re: Estate of Nancy J. Deitch Dear Beverly: It was a pleasure spealcing with you once again on June 10, 2011. As ure discussed, this letter is to confirm that you do not oppose Jocelyn Hull being appointed plenary guardian over the Person and Estate of your aunt, Nancy J. Deitch. Please contact me immediately if my understanding of our telephone conversation is incorrect in any way. Once again, thank you for your cooperation in this matter. Very truly yours, TH S, THOMAS S >f3AFFR LLP 1' ..T MAM/csf 955590.1 Baltimore Bethlehem Harrisburg Philadelphia Pittsburgh Wilkes-Barre www.tthlaw.com EXHIBIT C ~ THOMAS, THOMAS & HAFERLL~~ Atton~eys At Law Marc A. Moyer (717) 441-3960 mmoyer@tthla~~. com June 15, 2011 Barbara Ann Fisher 88 North Tulpehocken Street Pine Grove, PA 17963 Re: Petition of Guardian over the Person and Estate of Nancy J. Deitch Dear Barbara: It was a pleasure speaking with you on June 14, 2011. Pursuant to our telephone conversation, it is my understanding that you do not oppose the appointment of Josylan Hull as guardian over Nancy J. Deitch's Person and Estate. Please let me know immediately if my understanding of our telephone conversation is incorrect in any manner. Once again, thank you for your cooperation in this matter. Very truly yours, THOMAS, THOMAS & HAFER LLP MAM/csf 9s6s~1.1 Street Address: 305 North Front Street, Harrisburg, PA 17 ] O1 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Phone: 717.237.7100 Fax: 717.237.7105 Baltimore Bethlehem Harrisburg Philadelphia Pittsburgh Wilkes-Barre 955188.1 www.tthlaw.com EXHIBIT D I ~~~ THOMAS, THOMAS & HAFERLLP Attorneys At Law Street Address: 305 North Front Street, Hamsburg, PA 17]01 Mailing Address: P.O. Box 999, Harrisburg, PA 17108 Phone: 717.237.7100 Fax: 717?37.7105 Marc A. Mover (717) 941-3960 mmoyer@tthla~ ~. cona June 15, 2011 Heather Fisher 235 North Pine Street Tremont, PA 17981 Re: Petition of Guardian over the Person and Estate of Nancy J. Deitch Dear Ms. Fisher: On June 14, 2011, I spoke with your mother, Barbara Fisher, regarding our desire to have the Court of Common Pleas of Cumberland County appoint Josylan Hull as the successor guardian over the Person and Estate of your grandmother, Nancy J. Deitch. During our telephone conversation, your mother indicated her belief that you would not oppose such an appointment. Please contact me immediately if my understanding in that regard is incorrect in any manner. Thank you for your prompt attention to this matter. Very truly yours, OMAS & HAFER LLP MAM/csf 956827.1 Baltimore Bethlehem Harrisburg Philadelphia Pittsburgh Wilkes-Barre www.tthlaw.com EXHIBIT E CONSENT OF PROPOSED GUARDIAN 1. I, Josylan Hull, reside at 2057 Harrisburg Avenue, Mount Joy, Pennsylvania, 17552. 2. I am the niece of Nancy J. Deitch who currently resides at Golden Living Center - Camp Hill, 46 Erford Road, Camp Hill, PA 17011. 3. I am aware of Nancy J. Deitch's medical and psychiatric conditions and hereby consent to act as Guardian over the Person and Estate of Nancy J. Deitch, the alleged incapacitated person. 4. I am not a fiduciary of any estate in which Nancy J. Deitch has an interest. Nor do I have any interests adverse to Nancy J. Deitch. _ 1~~~ / // Date 954688.1 EXIBIT F AFFIDAVIT OF GREG EHGARTNER, D.O. I, Greg Ehgartner, D.O., do hereby state that the following is true and correct based upon my personal knowledge, information and belief: 1. I am a physician licensed in good standing to practice medicine in the Commonwealth of Pennsylvania. 2. I am the attending physician for Nancy J. Deitch. I attend to Nancy J. Deitch on a regular basis at Golden LivingCenter -Camp Hill located at 46 Erford Road, Camp Hill, Pennsylvania, 17011 where Nancy J. Deitch has resided since September 9, 1998. 3. Nancy J. Deitch is 79 years of age, with a date of birth of May 25, 1932. 4. Ms. Deitch suffers from Dementia, Paranoid Schizophrenia, and Bipolar Affective Disorder and various other illnesses and medical conditions. 5. Ms. Deitch's psychiatric disorders are not curable or reversible. However, her mental status can be managed in the event she is properly evaluated and provided appropriate psychiatric care and treatment. 6. I have determined to a reasonable degree of medical certainty that Nancy J. Deitch is unable to receive and evaluate information effectively and communicate decisions, and that her abilities are impaired to such a degree as to render her totally unable to meet the requirements for her physical health and safety and financial matters without the assistance of another individual/organization who will act as a guardian over her Person and Estate. 7. It is my opinion that Ms. Deitch is unable to resist fraud or undue influence without the assistance of a guardian to make decisions regarding her health care and financial matters. 954710.1 8. It is my opinion that the failure to appoint a guardian with authority to provide consent for Ms. Deitch to receive appropriate psychiatric care and treatment will result in irreparable harm to her Person. I declare that the above statements are true subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. 6/lei Date ~-- /~ ~ ~ Greg Ehgartner, D 2 IN RE: NANCY J. DEITCH :COURT OF COMMON PLEAS OF An Adjudicated Incapacitated Person :CUMBERLAND COUNTY, PENNSYLVANIA NINTH JUDICIAL DISTRICT ORPHANS' COURT DIVISION N0.21-99-635 AFFIDAVIT OF SERVICE AND NOW, this 16th day of June, 2011, I, Marc A. Moyer, Esquire, partner with the law firm of Thomas, Thomas & Hafer, LLP and attorney for the Petitioner, Golden LivingCenter - Camp Hill, hereby verify that to the best of my knowledge and belief, Nancy J. Deitch, the alleged incapacitated person, has two (2) living relatives, a niece, Beverly Clymer, who currently resides at 240 Glenwood Road, Dillsburg, PA 17019, (717) 432-4191; a daughter, Barbara Ann Fisher, who currently resides at 88 North Tulpehocken Street, Pine Grove, PA 17963, (570) 345- 4069; agranddaughter, Heather Fisher, who currently resides at 235 North Pine Street, Tremont, PA 17981; and a cousin, Josylan Hull, who currently resides at 2057 Harrisburg Avenue, Mount Joy, PA 17552; (717) 367-3723. The foregoing relatives have been served with notice of the Petition of Golden LivingCenter -Camp Hill for Removal and Appointment of Successor Guardian of the Person and Estate of Nancy J. Deitch, via United States First Class Mail, and via Certified Mail, return receipt requested. THOMAS, THOMAS & HAFER, LLP Marc A. Mo. ~ r`, Esquire Attorney I: . No. 76434 305 No Front Street, 6th Floor P.O. x 999 Harrisburg, PA 17108 (717) 441-3960 Date: June 16, 2011 mmoyer@tthlaw.com 954698.1