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Home My WebLink About04-1072 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. '\ ....,. "-. .'-"\ ~.. /~ ORPHANS' COURT - '"'\-- i"'_-_ "- ESTATE OF JENNIFER SHANI~ ,. .1Jllin :::>ht:r,,!,-- .. . ETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON OF JENNIFER SHANK IN ACCORDANCE WITH 20 PA. CONS. STAT. ~5513 T THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Holy Spirit Hospital of the Sisters of Christian Charity ("Holy Spirit H spital") respectfully represents that: 1. Your Petitioner, Holy Spirit Hospital, is an acute care hospital located at 503 N. 2 51 Street, Camp Hill, Cumberland County, Pennsylvania. 2. Jennifer Shank is a 27 year old incapacitated adult (DOB 7/12/1977) who was a mitted to Holy Spirit Hospital through the Emergency Room on November 18, 2004. 3. Attached is an Affidavit of her treating physician, Eric Antwi-Donkor, M.D., 0 tlining her medical condition. 4. Jennifer Shank has refused to consent to the recommended medical treatment w ich her physician and consulting physicians believe that is necessary is order to protect her Iif . 5. Based upon the Affidavit of her treating physician, Jennifer Shank is an in pacitated person and does not understand the nature of her medical condition and the need f diagnostic testing and treatment. . .i i , 6. Jennifer Shank's mother, father and sister have been present with her at Holy S irit Hospital, and the physicians and Hospital staff have explained to them her severe medical c ndition and the need for medical diagnostic testing and treatment but have refused to allow t treating physician, consulting physicians and Hospital staff to treat her in a medically a propriate and necessary fashion. 7. The members of Jennifer Shank's family have indicated that they wish to take her h me and the Hospital and the physicians should refrain from any further medical treatment. T ey denied a request to transfer her to another facility. 8. The appointment of an Emergency Guardian would allow Jennifer Shank to r ceive necessary and appropriate medical treatment to protect her life. 9. Lindsay Baird, Esquire, is an attorney in Cumberland County, and is willing to act a Emergency Guardian of the person of Jennifer Shank in order to consent to medical, di gnostic and therapeutic treatment recommended by her physicians until the time the Court h s a hearing within 72 hours of the filing of this Petition. WHEREFORE, Petitioner respectfully requests that this Court immediately enter an o der appointing Lindsay Baird as Emergency Guardian of Jennifer Shank as set forth in this P tition and to schedule a hearing on this Emergency Guardian Petition within 72 hours p rsuant to Section 5513 of the Probate, Estate and Fiduciary Code. lONER o te: November 19, 2004 By: avid W. 0 Luce Attorney 1.0. No. 41687 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioner, Holy Spirit Hospital :2 9694 11/19/200 14:09 FAX JDS&W Ii!J 0021005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. i 0 1 ^ - 't-u D '1 ORPHANS' COURT '-------- ESTATE OF JENNIFER SHANK .. jJ[f.:~ .::,M EN iZ . EllTlON FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON OF JENNIFER SHANK IN ACCORDANCE WITH 20 PA. CONS. STAT. 55513 PRELIMINARY DECREE AND NO~ this / " day of November, 2004. upon consideration of the Petition of Iy Spirit Hospital and the Affidavit of Dr. Antwi-Donkor. it is ORDERED AND DECREED that L ndsay Baird, Esquire is hereby appointed emergency guardian of the person of Jennifer Sank and is authorized to consent to medical treatment as recommended by her treating p ysicians, with the emergency guardianship to be in effect immediately from commencement this Order until further Order of Court. This Court shall conduct a hearing on Petitioner's Emergency Guardian Petition on vember 11: ,2004 at 2: J 0 o'clock ~.M.. in Courtroom No. <j , of the mberland County Courthouse, One Courthouse Square, Cartisle. Pennsylvania. BY THE COUR~ ~ J. ( A LL h U \\Hi') II 2Z 04. I::.Vt1Z'i TH1NLl DC\\.!E. 8'1 FA y. OI-J 1\ III [;4 TI\LK. \,(/ SL\DC)[ tlLse:, i DflViD J)r~\Lbl [.sQ., c. ~CUT :)\,CN., IIE1tRit~ OKJJE'R0trf) JOY! L.L.Jxf P-ifJ /rz1,ttU ~ (.{~ t,>j. ' *alJ..{A~1j vc 9i c/ i~) (7 . 72 tCAA . 1 'I \ . l '. . IN RE: : IN THE COURT OF COMMON PLEAS OF ESTATE OF : JENNIFER SHENK : CUMBERLAND COUNTY, PENNSYLVANIA : : ORPHANS COURT DIVISION : ..L/ . '1':;... NO. d.)- JJ)() ! - 10 i IN RE: PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON OF JENNIFER SHENK IN ACCORDANCE WITH 20 FA. CONS. STAT. 5513 ORDER OF COURT AND NOI'J, this 22nd day of November, 2004, this mat~er having been called for hearing, the parties being satisfied to stipulate that Jennifer Shenk is an incapacitated person and in need of a court-appointed guardian, Lindsay Baird, Esquire, is appointed plenary guardian of the person of Jennifer Shenk, for a period not to exceed twenty days. By the Court, /"""< .J /).4. = \... Hess, J. - {/ .- .- David W. DeLuce, Esquire ~, T / -} For Holy Spirit Hospital (') {~:'- --.:~ Javid A. Fi-:zsimons, Esquire , . ~______ J _./ :?or the Shenk Family ." , - '--...J (Jt~ Lindsay Baird, Esquire ......, ,- Court-appointed for Jennifer Shenk ...... '-' ~ I :bg -,~) I. e -' -" - ~. -- ./ .- J \ { , v JAM C 1 ~!rr:i:' l' AUTHORITY TO PAY COURT APPOINTED COUNSEL 'j\ >/ ,_'" i0 1- u'.e 1 COURT 2 VOUCHER - C District Justice o Common Pleas o Appellate o Other NO 7915 3. FOR (OJ.. c.p,. APPELLATE) 4. AT (CITY/STATE) 5. BUDGET CODE l/t'J),/<'7i1/I.I.n'u/A) 61N >He GAS~ f7F,..t (<;/4/-( 't ,'/(/VI1/1 7. CHARGE/OFFENSE (PURDON CITATION) 8. 0 PETTY OFFENSE vs vie" Ie o FELONY 0 MISDEMEANOR 9 PROCEEDINGS (Describe briellYI 11. PERSON REPRESENTED 12. CIVil DOCKET~ / 1 )1;( Oelendanl "dult C',!)/It't/I-$..' (Tl-(':'. , '- / - 2 0 Defendant-Juvemle x-I, ,;!Cd"/-/t')~. . 'V'(di ,r( Iq/lj..JI1 y.J J 0 A.ppellant 13. CRIMINAL DOCKET NO , 8 A.ppellee 5 ~ Habeas. PetiTIoner . 0 MatellalW.tness 7 C Pa!ole~ ChiJfQed Will'! Violation , O. PERSON REPRESt::NTED (Full Name) 8 0 ProballOfHH Charoed W,l~ ViolatIOn , 4. APPEALS DOCKET NO 9 CJ Other ,;I 11 C</ 16, NAME OF ATTORNEY/PAYEE AND Aupl :Jare MAIliNG ADDRESS J M~'~ Lindsay Dare tloi:'d 37 South Hanover Stmol NAME OF COMMON PLEAS JUDGE ASSIGNEO TO CASE Cd\",isle, PA 17013-3307 ~f()JU. 17. TELEPHONE No, 18 SOCIAL SECURITY NO OR E;~~ ,",0 ~V3":J ? f':<" /<';F; ':;(, Sj C1 "'i CLAIM FOR SERVICES OR EXPENSES '9. SERVICE HOURS OATES AMOUNTS CLAIMED a. Arraignment and/or Plea Mullipl~ rate per hour times :olal b Preliminllry Hearing hours to obtain "11'1 Court" com pensaCion. Enter totai below. e. Motions and Requests / , ,', >- d Bail Hearings ",/ \ 0: :> ~. S&ntence Hearlngs / \ /: .L/ 0 U t. Trial I l 7 z .. - g. R&vocation Hearings I ../ / / r~ j~:,..-J . ,..- h. Juvenile Hearings \ . f, I I .. I Appeals Court -.......... / / I 19A TOTAL IN COURT COMPo j. Other (Specify on additional sheets) TOTAL HObRs-- X $50 PER HOUR ~$ 20. a. Intervle.....s and conferences Multiply rale per hour Ilmes tolal b. Obfalning and reviewing records hours. Enter tolal "Out 01 Court" "->- compensation below. 00: c Legal research and brief writing >-:> :>0 d Investigative and olner work (Specify on additional sheers) 20A TOTAL OUT OF COURT OU CDMP. TOTAL HOURS = X $40 PER HOUR =$ 21. ITEMIZATION OF REIMBURSABLE EXPENSES AMI PER ITEM Mileaae $.25 oor mile x a: w 1: 21 A. TOTAL ITEMIZED EXP. >- 0 =$ 22. CERTIFICATION OF ATTORNEY/PAYEE 23. GRANO TOTAL CLAIMED Has compensation and/or 'e;m:~enl for work In lhls cuo previously beon sppllod '0(/ 0 YES XNO =$ ,-7:5')-: ,,';: lI~es.wereyoupald? 0 YES. NO It yes, by whom were yOu paid? How much? 24. OeOUCT. PRIOR PYMTS. H8s tno pe'son 'ep,esonfed paid 8n monoy 10 you. or 10 your kno~o onY~~/~ connoction wilh Ihe maner for whIch you were appointed to provide representation? 0 YES NO II e,~;~if-" addiliO~~1 s~~'./ =$ I swear or affirm tMe {ruth or correctness .;" .. /4- :..!.- 25. NET AMOUNT CLAIMED allhe abO\l8 statements Signature 01 A.ttomey/pree / Date ~$ ? .,...---. ......... ,~'5::J C,C' V 26 AI,pn(J\;[ ~'\ ~.-~A./l/L / hl/~~ '" 27. AMT. APPROVED . I'url SlgnalurEt 01 ""I'''' ("I r Judge ., Date: =$ :l')'S"'.,""D Copy ~ail to Court Administrator at comple,tIon o7service \Lt EXPLANATION OF CHARGES In Re: Estate of Jennifer Shenk No. 21-2004-1072 Orphans' Court 11/19/04 Calls with Attorneys Greevy & Deluce .75 hours Calls with hospital .30 11/20/04 Calls with hospital and Atty Deluce 1.25 11/21/04 Call with hospital .25 11/22/04 Meeting and hearing 1.25 Calls with Attys Deluce and Fitzsimons .30 11/24/04 Call with hospital .25 11/26/04 Calls with hospital .50 11/27/04 Call with hospital .25 11/28/04 Calls with hospital 2.00 11/29/04 Call with Coroner .30 12/3/04 Meet with Coroner .50 Total hours: 7.90 x $45.00/hour = $355.50 .