HomeMy WebLinkAbout04-21-06IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEAN L. FRALISH, :ORPHANS' COURT DIVISION
AN ALLEGED INCAPACITATED : NO. ~~ -355 ORPHANS' COURT
PERSON
PRELIMINARY DECREE
AND NOW, on this o?l.A.t da of ,
Y _, 2006, on consideration of the petition
of James L. Fralish, by and through his attorneys, Martson Deardorff Williams & Otto, it is hereby
ordered and decreed that a citation is awarded, directed to Jean L. Fralish, the alleged incapacitated
person, and her presumptive heirs as set forth in the petition, to show cause why James L. Fralish
should not be appointed emergency guardian of her estate and of her person, with the emergency
guardianship to be in effect with respect to the guardianship of the person for a period of seventy-two
(72) hours from the date of this Court's Decree and with respect to the guardianship of the estate of
thirty (30) days from the date of this Court's Decree.
Forty-eight (48) hour notice of hearing on this petition is to be given to Jean L. Fralish, the
alleged incapacitated person, and her presumptive heirs as set forth in the petition, by personal service
or regular and certified mail, with hearing on the same to be held on o2 s , 2006, at
J
~ ~ ~ 3~ o'clock /~.m. in Courtroom No. ~, at the Cumberland County Courthouse,
Carlisle, Cumberland County, Pennsylvania.
BY THE COURT,
1~f103 S,N~ldaO
30 ~31~
80 ~h Wd I Z Ida 4QQZ
1`I v U
APR I ~ 3~ 46
2006
~ ~~ _ ~~P~~w'L~~~OURT OF COMMON PLEAS OF
`.'~-C,~l7NT~ERLAND COUNTY, PENNSYLVANIA
JEAN L. FRALISH, :ORPHANS' COURT DIVISION
AN ALLEGED INCAPACITATED : NO. ('~~ - 3 ~5' ORPHANS' COURT
PERSON n ,~
d
c~
~~ ~~ a
DECREE FOR EMERGENCY GUARDIAN -' '' =r'
~ ~ ~,.ry
AND NOW on _ , =" ; ,
/-1~,,, % Z~' zc~c~, based on the petition, the conse~s'~ttache~,
thereto and the emergency conditions of these circumstances, this Court hereby decrees the ~lowing-~
1. The alleged incapacitated person's ability to receive and evaluate information effectively
is significantly impaired because she presently suffers from a coma.
2. The alleged incapacitated person's ability to communicate decisions is significantly
impaired because of the aforesaid condition.
3. The alleged incapacitated person is in immediate need of a guardian of the PERSON
and a guardian of the ESTATE.
4. The failure to make these requested appointments of emergency guardianship will result
in irreparable harm to the PERSON and the ESTATE of the alleged incapacitated person because the
alleged incapacitated person is unable to request and approve any and all necessary medical
procedures for her general health, welfare and support, and the alleged incapacitated person is unable
to handle her financial affairs and obligations for her general maintenance, daily living and support of her
financial estate.
5. The physical or mental condition of the alleged incapacitated person would have been
harmed by her presence at any emergency guardianship hearing.
6. James L. Fralish is hereby appointed emergency guardian of the PERSON. The term
of this appointment is seventy-two (72) hours; however, the term of this appointment can be extended
9
for an additional twenty (20) days, if the emergency continues beyond the initial seventy-two (72)
hours. The said emergency guardian of the PERSON shall have the following powers and duties: (a) to
provide for the general care, maintenance and custody of the alleged incapacitated person, including the
ability to contract with an authorized medical provider of such services; (b) to designate the place for
the alleged incapacitate person to live, including an appropriate nursing home facility or other similar
long-term care facility; (c) to sign and consent on behalf of the alleged incapacitated person to the
provision of medical procedures and services for the health, welfare and benefit of the alleged
incapacitated person; and (d) to provide those services necessary and proper for the health, support
and maintenance of the alleged incapacitated person for the limited time period of this emergency
guardianship.
7. James L. Fralish is hereby appointed emergency guardian of the ESTATE. The term of
this appointment is thirty (30) days or when the emergency conditions cease to exist, whichever is
shorter. The said emergency guardian of the ESTATE shall have the following powers and duties: (a)
to obtain limited access to the alleged incapacitated person's financial accounts and related financial
information in order to transact business and pay bills and other liabilities of the alleged incapacitated
person; (b) to sign checks, drafts and related financial instruments and documents in order to pay bills,
liabilities and related obligations of the alleged incapacitated person for the provision of medical care,
including daily living and normal life activities; and (c) to provide those services necessary and proper to
handle and maintain the current financial affairs and status of the alleged incapacitated person for the
limited time period of this emergency guardianship.
This Court retains jurisdiction over any subsequent proceedings initiated by the parties in this
matter, including but not limited to, accountings and reports filed by the guardians, and the appointment
of a permanent guardian in connection with the said alleged incapacitated person.
BY THE COURT,
"~
J.
10
F:\FILES\DATAFILE\General\Current\ 12060.1. emergencypeti6on
Created: 08/29/02 08:34:38 AM
Revised: 04/21/06 03:26:39 PM
IN RE:
JEAN L. FRALISH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
AN ALLEGED INCAPACITATED : NO.
PERSON
ORPHANS' COURT
PETITION FOR APPOINTMENT OF AN EMERGENCY GUARDIAN OF THE PERSON
AND ESTATE IN ACCORDANCE WITH 20 PA. CONS. STAT. ANN. 5513.
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW COMES, the Petitioner, JAMES L. FRALISH, by his attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and files this Petition for Appointment of an Emergency Guardian
of the Person and Estate in accordance with 20 Pa. Cons. Stat. Ann. § 5513 for Jean L. Fralish, an alleged
incapacitated person, and respectfully represents and avers as follows:
1. The Petitioner is James L. Fralish, with an address of 75 West Main Street, New
Kingstown, Pennsylvania 17072.
2. The Petitioner is the spouse of the alleged incapacitated person, and is, therefore, interested
in her welfare.
3. The alleged incapacitated person is Jean L. Fralish, a 54 year old adult individual born on
September 23, 1951.
4. The alleged incapacitated person resides at the Carlisle Regional Medical Center, 45 Sprint
Drive, Carlisle, Cumberland County, Pennsylvania 17013 and is under the medical care and supervision
of Carlisle Regional Medical Center Hospitalists.
6. The names and addresses of the presumptive adult heirs and next-of--kin of the alleged
incapacitated person are as follows:
Next-of--Kin: James L. Fralish (Husband)
75 West Main Street
New Kingstown, PA 17072
Presumptive Heirs: Adam Eugene Fralish (Son) -DOB: 10/04/84
75 West Main Street
New Kingstown, Pennsylvania 17072
Christian Jacobus Rynard Fralish (Son) -DOB: 8/20/87
75 West Main Street
New Kingstown, Pennsylvania 17072
Aaron Beidel (Son) -DOB: 9/9/70
not a child of Petitioner
151 Big Oak Road
Dillsburg, PA 17019
Mary Rynard (Mother)
250 Walnut Bottom Road
Carlisle, Pennsylvania 17013
The Petitioner knows the names and addresses of no other presumptive adult heirs of the alleged
incapacitated person not set out above.
7. The name and address of the person or institution providing hospitaUmedical services to
the alleged incapacitated person is: Carlisle Regional Medical Center, 45 Sprint Drive, Carlisle,
Cumberland County, Pennsylvania 17013. She has been located in said facility since Apri13, 2006.
8. On or about Apri13, 2006, the alleged incapacitated person suffered a broken hip.
9. While she was hospitalized for the broken hip, the alleged incapacitated person developed
pneumonia.
10. Sometime thereafter, while in the hospital, the alleged incapacitated person suffered a
cardiac arrest and slipped into a coma.
11. The alleged incapacitated person has been in a coma ever since and her attending
physicians do not expect her condition to improve. She is completely and totally incapacitated.
10. Because of the severity of her mental condition and state, the alleged incapacitated person
lacks the capacity to make or communicate any responsible decisions concerning her estate or person and,
2
even with the assistance of other persons or services, would not be able to participate in the making of any
decisions concerning her person.
11. Emergency guardianship is sought because the ability of the alleged incapacitated person
to receive and evaluate information effectively and communicate decisions is impaired to such a significant
extent that she is totally unable to manage her financial resources and personal being and welfare.
Furthermore, emergency guardianship is sought and warranted as the alleged incapacitated person is unable
to pay bills, rent, and related financial obligations, and a guardian is needed to assist in the payment of said
bills, relocation of the alleged incapacitated person and provision of medical care to her person.
12. A description of the functional limitations and physical and mental condition of the alleged
incapacitated person was sought by Petitioner in the form of a sworn statement of her medical provider.
A copy of this statement is attached as Exhibit "A", and incorporated herein by reference.
13. Petitioner is not aware that the alleged incapacitated person signed any powers of attorney
or advanced health care directives or in any other way designated anyone to serve as her agent over any
of her personal affairs or as his surrogate over her medical care, or that she designated in writing her wishes
with regard to health care, including the use or refusal oflife-sustaining treatment.
14. Petitioner believes and therefore avers that the physical and mental condition of the alleged
incapacitated person, as stated in the physician's statement attached as Exhibit "A" herein, is such that the
alleged incapacitated person would be harmed by her presence at the hearing on this Petition.
15. As the alleged incapacitated person is unable to make known or communicate her wishes,
as there are no known powers of attorneys or advanced health care directives executed by the
incapacitated person, and as no presumptive heir or living next-of--kin desires to assist the alleged
incapacitated person other than Petitioner, there are no less restrictive alternatives available other than the
appointment of an emergency guardian.
16. The specific areas of incapacity over which it is requested that the emergency guardian be
assigned powers are the management of all financial resources and property in the alleged incapacitated
person's estate, as well as the provision of, and decisions involving, medical care and treatment for the
alleged incapacitated person.
17. The name and address of the person to whom Petitioner asks to be appointed emergency
guardian of the estate and of the person is: JAMES L. FRALISH, 75 West Main Street, New Kingstown,
Pennsylvania 17072. As required by C. C.O.C.R. 14.2-2, the proposed emergency guardian's consent
to serve as emergency guardian of the estate and of the person is attached as Exhibit "B" and
incorporated herein.
18. Other than his sole status as husband and heir of the alleged incapacitated person, the
proposed guardian has no interest adverse to the alleged incapacitated person.
20. The Petitioner has been advised by the treating physicians that the alleged incapacitated
person lacks sufficient capacity toappoint anattorney-in-fast or other agent. For these reasons, Petitioner
respectfully submits that there is no less restrictive alternative to emergency guardianship of the estate and
of the person.
21. The gross value ofthe alleged incapacitated person's estate is between $50,000.00 and
$60,000.00, and Petitioner is unable to obtain more specific information until a guardian or similar agent
is named.
22. The alleged incapacitated person's annual net income from all sources is unknown, and
Petitioner is unable to obtain this information until a guardian or similar agent is named.
23. No other Court has assumed jurisdiction in any proceeding to determine the capacity of
the alleged incapacitated person and no other Court or other body has appointed an emergency, limited
or plenary guardian for the alleged incapacitated person or her estate to the best of the knowledge and
information of the Petitioner.
25. Because of the emergency nature of these circumstances, Petitioner requests and avers that
immediate notice need not be given to all interested parties. Furthermore, upon the expiration of the
emergency guardianship time period ofseventy-two (72) hours for the person of the alleged incapacitated
4
person, a new petition will be filed for the appointment of a permanent guardian of the person and of the
estate of the alleged incapacitated person.
26. Due to the emergency nature of these circumstances, it is requested that this Honorable
Court waive the requirement that twenty (20) days notice of this proceeding be given to the alleged
incapacitated person.
WHEREFORE, Petitioner prays and respectfully requests this Honorable Court, pursuant to the
provisions of Chapter 55 of the Probate, Estates and Fiduciaries Code (20 Pa. C.S.A. §5501, et seq.),
and due to the emergency situation involved, to award and issue a Decree to appoint the said James L.
Fralish as the emergency guardian ofthe estate and ofthe person ofthe said Jean L. Fralish, the alleged
incapacitated person, with the emergency guardianship to be in effect with respect to the guardianship of
the person for aperiod ofseventy-two (72) hours from the date of this Court's Decree and with respect
to the guardianship of the estate for a period of thirty (3) days from the date of this Court's Decree, in
accordance with 20 Pa. Cons. State. Ann. § 5513.
Respectfully submitted,
MARTSON DEARDORFF WILLIAMS & OTTO
By
Carl C. Risch, Esquire
I. D. Number 75901
Michael J. Collins, Esquire
I.D. Number 200427
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: April ~ ~ , 2006 Attorneys for Petitioner
5
APR-18-2006 14 34 AEGIS
i
XN RE: '
JEAN FRAI,ISNI, '
~~ ~~ AN ALLEGED INCAPACITATED
PERSON
717 657 5837 P.03i04
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVVANIA
ORPHANS' GOURT I7MSION
NO. ORPHANS' COURT
SWORN STATEMENT OF ]?1rIXSICIAN
~~ COMMONWEALTH OF PENNSYLVANIA )
., . SS.
' COUNTX OF CUMBERLAND )
The undersigned, tfeing duly sworn according to law, deposes and says that:
1. He is a regplarly licensed, practicing physician at Carlisle Regional Medical Center, where
on April ~ ~, 2006, he/she examined a patient therein, viz.: Jean Fralish, age 54, female, with a history of:
~ ~.~~
' ~ ~ At the examinatXOn the following symptoms were observed:
,~ , . , ~ ~~-s' ~ ~ ~- `~ ~~
fir- ~- ~~ ~ ¢ ~ ~ ~ "' ~, (a.~ i ~ ~-
' ~
' From which the diagnosis made is: , ~ tM-a ~1 ~^- h ~ ~ '~ -
h,
SAC ~ ~~~ ~r.~
(~ ~- e_
• ~ W ith~ a prognosis as fol~nws: _~ ,r ~ ~ u. b ~ 2 ~D 'L'~ `"'`~a `'~ a--L
:,• ~ ~
. ~ ~ EXHIBIT
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2. On the basis of the foregoing history and examination, the affiant is of the opinion
that the ability of JEAN L. FRALISH to receive and evaluate information effectively and
communicate decisions in any way is impaired to such a significant extent that she is totally
unable to manage her medical and financial condition to meet essential requirements for her
physical health, welfare and safety, and, therefore, that she is, and continues to be, incapacitated
under Chapter 55 of the Probate, Estates and Fiduciaries Code, as amended.
3. The physical and mental condition of said patient would be harmed by her
presence at the hearing on her incapacity.
D.O.
Darryl Guistwite, D.O.
Address: 22 South Pitt Street
Carlisle, PA 17013
Telephone No.: 717-243-1516
Sworn o and subscribed before me
this day of f~J . ~ 2006.
Public
NOTARIAL SEAL ~~_.
CORRINE L. MYERS, NOTARY PUBLIC
CARLISLE BORO, COL9NTY OF CUMBERLAND
MY COMMISSIOi',i ~r=?iRES MAY 27, 2007
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JEAN L. FRALISH, :ORPHANS' COURT DIVISION
AN ALLEGED INCAPACITATED : NO. ORPHANS' COURT
PERSON
CONSENT AND STATEMENT OF PROPOSED GUARDIAN
COMMONWEALTH OF PENNSYLVANIA
): ss.
COUNTY OF CUMBERLAND )
The undersigned, being duly sworn according to law, deposes and says that he is willing
to serve as emer~enc_y guardian of the estate and of the person of Jean L. Fralish, that he is the
spouse of the alleged incapacitated person, that he holds no interest adverse to the alleged
incapacitated person, and that he only has an interest in the estate as a potential testate or
intestate heir of the alleged incapacitated person.
The undersigned further deposes and says that he is a citizen of the United States of
America, and is able to speak, read and write the English language; and that he is not the
Fiduciary or an officer or employee of a corporate Fiduciary of an estate in which the alleged
incapacitated person has an interest nor the surety or an officer or an employee of the corporate
surety of such a Fiduciary.
l~
James L. Fralish
Sworn to and sub ribed
before me this lq~ay
of C3i-pn-iD , 2006.
Notary Pu 'c
~Ot~ ~
MiANDW i. 111M11bY1N
NbWry hibNc
~+wi~wrw- twr, a-i~ courm
Mr Cpm'YIMOn E~plwt Feb 4, ZO10
EXHIBIT
COMMONWEALTH OF PENNSYLVANIA
. SS.
COUNTY OF CUMBERLAND 1
James L. Fralish, Petitioner herein, being duly sworn according to law, deposes
and says that the facts set forth in the foregoing Petition are true and correct to the best of
his knowledge, information and belief.
w
James L. Fralish
Sworn to and subscribed before me
this ?~O~day of ~~ , 2006.
~r~.~-_
Notary Public
NOtAR1AL SEAL -_~
NtAWpy t. H~~N
~ ~ COUMy
tib 1, 2010
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that
a copy of the foregoing Petition for Appointment of an Emergency Guardian of the Person and Estate was
served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid,
addressed as follows:
Adam Eugene Fralish
75 West Main Street
New Kingstown, PA 17072
Christian Jacobus Rynard Fralish
75 West Main Street
New Kingstown, PA 17072
Mary Rynard
250 Walnut Bottom Road
Carlisle, PA 17013
Aaron Beidel
151 Big Oak Road
Dillsburg, PA 17019
MARTSON DEARDORFF WILLIAMS & OTTO
By
M. Price
T ast High Street
Carlisle, PA 17013
(717) 243-3341
Dated: ~ o7i~ Q ~o