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HomeMy WebLinkAbout04-25-06F:\FII,ES\DATAFII,E\General\Current\ 12060.1. petitionperm Created: 08/29/02 08:34:38 AM Revised: 04/25/06 01:26:58 PM IN RE: JEAN L. FRALISH, AN ALLEGED INCAPACITATED PERSON N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ~~ ~= o ~ - _ '~ __~ NO. 06-0355 ORPHANS' COUIt'h _ =' ^% ~n ~~~ T ~-{-1 n.~ -~ _.~ - - -i PERMANENT GUARDIAN OF T ~ PER~N ~~' .:. i Z TH 20 PA. CONS. STAT. ANN. & 5501 et sea.. ~ 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 a Permanent Guardian ofthe Person and Estate in accordance with 20 Pa. Cons. Stat. Ann. § 5501 et seq. 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 Hospital. 6. The names and addresses of the presumptive adult heirs and next-of--kin of the alleged incapacitated person are as follows: 1 Next-of--Kin: James L. Fralish (Husband) 75 West Main Street New Kingstown, Pennsylvania 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, Pennsylvania 17019 Leeanne Sutton (Daughter) 7 North Letort Drive Carlisle, Pennsylvania 17013 Mary Rynard (Mother) 423 North Pitt Street 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. 2 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. 12. Petitioner therefore believes and avers that a permanent and plenary guardian of the person and of the estate of the alleged incapacitated person must be appointed in accordance with 20 Pa. Cons. Stat. Ann. § 5511. 13. Plenary and permanent 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, plenary and permanent 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 pennon and provision of medical care to her person. 14. 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, even with the assistance of other persons or services, would not be able to participate in the making of any decisions concerning her person. 15 . 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. 16. Petitioner is not aware that the alleged incapacitated person signed anypowers of attorney or advanced health care directives or in any other way designated anyone to serve as her agent over any ofher personal affairs or as her 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. 17. 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. 18. 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 a plenary and permanent guardian. 19. The specific areas of incapacity over which it is requested that the plenary and permanent 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. 20. The name and address of the person to whom Petitioner asks to be appointed emergency guardian ofthe estate and ofthe person is: James L. Fralish, with an address of 75 West Main Street, New Kingstown, Pennsylvania 17072. As required by C.C.O.C.R.14.2-2, the proposed permanent guardian's consent to serve as permanent guardian of the estate and of the person is attached as Exhibit "B" and incorporated herein. 21. 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. 22. The Petitioner has been advised by the treating physicians that the alleged incapacitated person lacks sufficient capacity toappoint anattorney-in-fact or other agent. For these reasons, Petitioner respectfully submits that there is no less restrictive alternative to plenary and permanent guardianship of the estate and of the person. 23. 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. 4 24. 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 similaz agent is named. 25. No other Court has assumed jurisdiction in anyproceeding 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. 26. The severity of the alleged incapacitated person's mental and/or physical condition and the lack ofviable, less restrictive alternatives necessitate that aplenaryguardian ofher estate be appointed to manage and handle all aspects of the alleged incapacitated person's estate, specifically including, but not limited to: all issues relating to her cash, checks, and anybank or savings accounts 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 governmental and non-governmental benefit plans, federal, state, and local taxes, claims made or to be made on behalf of her or against her, the execution of documents, entry into contracts affecting her and the payment ofreasonable compensation or costs to provide services for her. 27. The severity of the alleged incapacitated person's mental and/or physical condition and the lack ofviable, less restrictive alternatives necessitate that a plenary guardian ofher person be appointed to handle all issues relating to the person of the alleged incapacitated person, 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. WHEREFORE, Petitioner prays and respectfully requests this Honorable Court, pursuant to the provisions of Chapter 55 ofthe Probate, Estates and Fiduciaries Code (20 Pa. C.S.A. §5501, et seq.), to award and issue a Citation directed to Jean L. Fralish, the alleged incapacitated person, and such other persons as this Court may direct, to show cause why the said alleged incapacitated person, Jean L. Fralish, should not be adjudged an incapacitated person and why the said James L. Fralish should not be appointed as the permanent and plenary guardian of the estate and of the person of the said Jean L. Fralish in accordance with 20 Pa. Cons. State. Ann. § 5511. Petitioner further requests that a guardian ad litem be appointed to act for the alleged incapacitated person regarding any necessary hearings. 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 Zs, 2006 Attorneys for Petitioner 6 -18-2006 14 34 AEGIS 717 657 5837 P.03i04 I Fi ~ ~ , •, 'Y ~~ ' •' p ! I . , • 41~ : IN 'THE COURT OF COMMON PEAS OF ~: ~ ~: ' .CUMBERLAND COUNTY, PENNSYLVANIA i .t. 1 ~ ,; , ~ t~+`~~+ , & • ORPHANS' COURT DIVISION JEAN FRALISH 1•'it ~ ~ ` '"~';. , ,; ~,~~~' .. •• AN ALLEGED INCAPACITATED : NO• ORPHANS' COURT '~~.• ,; ,; ~„ PERSON Y =~~'~ ~ - SWORN STATEMENT OF PHYSICIAN ' •~.~ '~a : , . .COMMONWEALTH OF PENNSYLVANIA ) .~ - COIJI~TY OF CUMBERLAND ) . fi , ~ ~ ~~''' The unde:signod, lioin8 duly sworn according to law, deposes and says that: :. ' ~ 4t ~ = ~ Fie is a ngplarly licensed, practicing physician at Carlisle Regional Medical Center, where ' 1 ;1 ` 6: ~ _, ~, • +11 ~ on April ~ 2406, hdslu examined a pationt therein, viz.: Jean F~•slish, age 54, female, with a history of: ~',~ ~ ;;I ; ,f + , -.,~ ; T , '~~~- ; .. At the examination t11e following symptoms were observed: Vii, ° . ~~ ~ S~ t n.. ~ 0.r ! 6 ~1.~ p~`I- ~~ ;';,;; - ;,• ~,~ , :,{ ^~, \ ` ~ a ~ "- I • From which the dia~aosis made is: (,"-c~- ~ Q^- / -.~ t ~ Q+- ''~f~r~. j -• ~ :w y l• ' ~i J'i. . 1 . ~'Y~r~ • , ~. 1`. Jr, . with a prognosis as foi~ws: .• ~ h b ~ ~-r- vn ~- ' ~~~'~ ~~: , ~ ' ~: , ,, ~ t ~ , ~. ~ , I EXHIBIT ,r ~ , ~.'F• .15..~~~t 2' 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 1~ay of ~J • ~ , 2006. Public NOTARIAL SEAL CORRINE L. MYERS, NOTARY PUBLIC CARLISLE BORO, COUNTY OF CUMBERLAND MY GOMMISS!OP~ ~;~?IRES MAY 27, 2007 IN RE: JEAN L. FRALISH, AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ORPHANS' COURT 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 plenary and permanent 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. Sworn to and subscribed before me this ~ day of CLp~i-i:Q , 2006. Notary Pu is NOiAq~ ~ •... t. +v ~E ~~o k~ J L. Fralish EXHIBIT COMMONWEALTH OF PENNSYLVANIA . SS. COUNTY OF CUMBERLAND 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 her knowledge, information and belief. Jam L. Fralish Sworn to and subscribed before me this~S~day of ' ~ , 2006. Not ublic COMMONWEALfH Ut• i'tNNSYLVANIA Notarial Seal Mary M. Price Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 18, 2807 Member. Pennwiv~^~r ~ssnci~fion of Notaries IN RE: JEAN L. FRALISH, AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 06-0355 ORPHANS' COURT CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition for Appointment of a Permanent 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: James L. Fralish 75 West Main Street New Kingstown, Pennsylvania 17072 Adam Eugene Fralish 75 West Main Street New Kingstown, Pennsylvania 17072 Christian Jacobus Rynard Fralish 75 West Main Street New Kingstown, Pennsylvania 17072 Aaron Beidel 151 Big Oak Road Dillsburg, Pennsylvania 17019 Leeanne Sutton 7 North Letort Drive Carlisle, Pennsylvania 17013 Mary E. Rynard 423 North Pitt Street Carlisle, Pennsylvania 17013 Judy Means 922 Beerr Avenue Carlisle, Pennsylvania 17013 Darryl K. Guistwite, D.O. 522 South Pitt Street Carlisle, Pennsylvania 17013 and service by the Cumberland County Sheriff, addressed as follows: Jean L. Fralish Carlisle Regional Medical Center 45 Sprint Drive Carlisle, Pennsylvania 17013 MARTSON DEARDORFF WILLIAMS & OTTO By ~ cq ne A. Decker en ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: Apri125, 2006