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HomeMy WebLinkAbout02-10-12 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION O.C. NO. ~,~ - I ~. -G I ESTATE OF GLADYS L. WARFEL, n ._-- _ AN ALLEGED INCAPACITATED PERSON ~ ~ PETITION UNDER §5511 OF THE PROBATE, ~~ ~ ~ o __ ~._~, ~:3 ~~ ESTATES AND FIDUCIARIES CODE TO ADJUDGE `' `" ~ {~~= '= LADYS L. WARFEL TO BE TOTALLY INCAPACITATED A .- ~'' ~= ~~_ ~=- , APPOINT A GUARDIAN FOR HER ESTATE AND HER PERSO~ ~'' , ~~n `~" ~ ~ ~ TO THE HONORABLE JUDGES OF SAID COURT: m Golden Living Center -Camp Hill ("Petitioner") respectfully represents that: 1. Petitioner is a skilled nursing facility wherein resides Gladys L. Warfel ("Ms. Warfel"), an alleged incapacitated person. 2. Ms. Warfel was born on September 19, 1924 and is currently 87 years of age. 3. Ms. Warfel resides in a private nursing facility in Cumberland County, whose address is: Golden Living Center -Camp Hill 46 Erford Road Camp Hill, PA 17011 4. Because Ms. Warfel resides in Cumberland County, this Court has jurisdiction pursuant to § 711 (10) of the Probate, Estates and Fiduciary Code and § 5512(a). 5. To the extent of Petitioner's knowledge, Ms. Warfel has the following living relatives Name: Address: Relationship: Paul Warfel Spring Creek Nursing Home Husband 1205 South 28th Street Harrisburg, PA 17111-1046 +~j James Sones 646 Robbins Road Nephew Muncy, PA 17756 6. Ms. Warfel's husband, Paul Warfel, was adjudicated incapacitated and Neighborhood Services of Lancaster was appointed to act as guardian of his person and his estate. 7. To the extent of Petitioner's knowledge, Ms. Warfel has no children. 8. To the extent of Petitioner's knowledge, Ms. Warfel owns no assets of significant value. 9. Ms. Warfel receives a monthly income stream consisting of Social Security in the amount of $156.00. 10. To Petitioner's knowledge, Ms. Warfel was not a member of the Armed Services of the United States and therefore is not receiving any benefits from the United States Veterans' Administration. 11. Ms. Warfel receives Medical Assistance benefits to help pay for the cost of her skilled nursing care at Petitioner's facility. 12. To Petitioner's knowledge, Ms. Warfel has not appointed an agent to act on her behalf under power or attorney, nor has a guardian been appointed for her. 13. Ms. Warfel's treating physician is: Dr. Thomas Young 890 Poplar Church Road Camp Hill, PA 17011 14. Dr. Young diagnosed Ms. Warfel as suffering from dementia, a condition which causes incapacity and requires that she receive 24-hour-a-day care. 15. Because of the lack of a representative willing to act on Ms. Warfel's behalf, and due to the onset of Ms. Warfel's dementia, there may be no less restrictive alternatives to the appointment of a Guardian of the estate and person of Gladys L. Warfel. 16. Because of Ms. Warfel's dementia, she is totally unable to manage or even appreciate the significance of her financial affairs, property and business and to make and communicate any decisions relating thereto, including the ability to communicate her need for assistance in these areas. 17. Because of Ms. Warfel's dementia, she lacks the capacity to make or communicate any responsible decisions concerning her person and is unable to attend to her personal hygiene or to keep herself properly nourished and hydrated or communicate to others her need for assistance in these areas. 18. Because of the severity of Ms. Warfel's dementia, the assistance of other persons or services would not enable Ms. Warfel to participate in the making of any decisions concerning her estate or person. 19. The severity of Ms. Warfel's dementia requires that a plenary guardian be appointed to manage her estate. Said guardian should be appointed to manage and handle all aspects of her estate, specifically including, but not limited to :all issues relating to her cash, checks in any bank or savings account held in her name, her stocks and bonds, her personal property, her real estate, her life and other insurance of which she is a beneficiary, her entitlement to any government ornon-government benefit plans, federal, state, local taxes, trust accounts of which she is the beneficiary, claims made or to be made on her behalf or against her, the execution of documents, the entry into contracts affecting her and the payment of reasonable compensation or costs to provide services for her. 20. The severity of Ms. Warfel's dementia mandates that a plenary guardian of her person be appointed to handle all issues relating to the person of Ms. Warfel, specifically including but not limited to: her living arrangements, her medical and psychiatric care, the administration of medication to her and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists, and other professionals for her physical and mental treatment and care. 21. The proposed guardian of the person and estate of Ms. Warfel is: Neighborhood Services of Lancaster 134 South Prince Street Lancaster, PA 17603-5312 (717) 392-2175 22. The proposed guardian, Neighborhood Services of Lancaster, does not have any adverse interests to the person or estate of Ms. Warfel, and an acceptance to serve as guardian of the person and estate is attached hereto as Exhibit A. 23. Neighborhood Services of Lancaster has been suggested as guardian of the person and estate of Ms. Warfel because they have extensive experience in handling such matters. 24. To Petitioner's knowledge, no other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Ms. Warfel. 25. Due to the limited resources of Ms. Warfel, Petitioner requests the fees of court- appointed counsel for Ms. Warfel be paid by Cumberland County. WHEREFORE, Petitioner prays that a Citation be issued directed to Gladys L. Warfel to show cause why she should not be judged a totally incapacitated person and Neighborhood Services of Lancaster be appointed permanent plenary guardian of her person and her estate, with notice by personal service to Gladys L. Warfel. Respectfully S ~~ Date: ~ 3d ~~ By; Attorney I.D. Nb.: 68278 Benjamin J. Glatfelter, Esquire Attorney I.D. No.: 203935 KENNEDY PCLAW OFFICES P.O. BOX 5100 Harrisburg, PA 17110-0100 (717) 233-7100 Attorneys for Golden Living Center -Camp Hill 71 7 909 3783 line 1 16:52:37 01-20-2012 7/7 2823-12 VERIFICATION The undersigned hereby verifies the statements of fact in the foregoing document are true and correct to the best of his or her knowledge, information and belief. He or she understands any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Dated: 1 a0 ~'a 0 Sign t e Printed Name: Jaeque~>~n `..AucJoy ` Printed Job Title: ~t14,Q, Sctu~C~p, Caord'~noi~o~r Golden Living Center -Camp Hill EXHIBIT A zszs a2 CON5E~~ OF 1'it()FOSEIt GUA1tD1:AN \TeighborhoadServices of Lancaster does hereby certify they are wiJ.ling to act as permanent plenary ~lydian of the pcrsan •and estate of Gladys L. Warfel, an alleged i•ncapa~eitated person., i#'the Court shazll so appoint. Further, ~lcighborliood Services of Lancaster hereby s:.e~'i:ifies they are not a tiducizw of any est<~te in which Gladys L. Warfel has ate. interest nor do they ha~c auy other interest elureutly adve~.~se Gladys L, WarPe]'s ptrsc~n car es~.Le. ---- Slgilatare 1 Print: ` '~y~~~~C ~~~cJ 'pitle: ~i'~rC~-~~~rr. ~t.rerc ~~f I~'eigliborhaod Services of Lancaster