HomeMy WebLinkAbout07-22-13 C'? —�
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Keith Q. Brenneman, Esquire � �. ` . .
44 West Main Street . . 'y_ � . `
Mechanicsburg, PA 17055 ' � �.�� �. s
(717) 697-8528 .: c_- _ .
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Attarney ID No. 47077
Assistant Cumberland County Solicitor
For Cumberland Caunty Aging and Comrnunity Services
IN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBBRLAND COUNTY, PENNSYLVANIA
REBEGCA WELGH-KOHL, :
An alieged incapacitated person : C}RPHANS' COURT DIVISI(JN
: NO. 21-13- ���
PETITION FOR APPOINTMENT QF EMERGENCY GUARDIANS
t�F THE PERSON AND ESTATE IN ACCORDANCE WITH 20 Pa.C.S.A.5513
Petitioner Cumberland County Aging and Community Services,by its attarney, Assistant
Curnberland County Solicitor Keith C?. Brenneman, submits this Petitian and in support thereaf
states the follawing:
1. Petitioner is Cumberland County Aging and Comrnunity Services, having an offce
lacated at 1100 Claremont Road, Carlisle,Pennsylvania,
2. The alleged incapacitated persan is Rebecca Welch-Kohl,who is unmarried, age $3,
and has last resided at 371 Army Heritage Llrive, Apartrnent 9, Carlisle, Pennsylvania.
3. Petitioner is unaware of the whereabauts of Rebecca Welch-Kohl's farmer husband
and her children, although she has in the past clairned that her son was a general at the Carlisle
Barracks,
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4. On July 19, 2013, Petitianer learned that the alleged incapacitated person:
a. has been seen sleeping outside of the apartrnent }auilding where her residence is
lacated; and �
b. was seen on the morning of July 19, 2013 walking in the middle of Army
Heritage Drive by a motorist while she was wearing a sweater, although the autside temperature
was 90 degrees or more.
S. Petitioner had received an earlier report ofneed concerning the alleged incapacitated
person in December, 2012, arising from her camping in the lobby of her apa.rtment building. At
that time, Rebecca Welch-Kohl feared that the area behind the walls and under the floor of her
apartment were on fire and that they would collapse.
6. As a result of the actions of Rebecca Welch-Kohl, including, but not limited to those
noted in Paragraph S, abave, Petitioner arranged for a neurapsycholagical evaluatian af the
alleged incapacitated persan that was canducted on April 10, 2Q13 by Dr. Christopher Royer.
7. As a result of the neuropsychological evaluation conducted by Dr. Royer, Dr. Royer
concluded the follawing about Rebecca Welch-Kohl:
a. she suffered from chronic mental illness, likely paranoid schizaphrenia, which
appears to be untreated;
b. at that time, her ability ta understand,reason and cammunicate personal
decisions is dictated by her psychosis;
c. due to the finding described in c., above, she is not cansidered capable af
making decisians in her own best interest;
d. there was no evidence that she wouid be campliant with treatment far
her condition, even though such treatment might imprc�ve her functianai status; and
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e. she needed 24-hour supervision, assistance with medication campliance,
on-going psychiatric care and oversight for her financial affairs.
8. Based upon#he actions of Rebecca Welch-Kohl as nated in Paragraph 5 above and
rnost recently on July 19, 2013 as described in Paragraph 4 above, together with the findings of
Dr. Royer,the alleged incapacitated person lacks capacity, is in need of a guardian, and the
failure to make such an appointment wilI result in irreparable harm to the person ar estate of
Re6ecca Welch-Kohl.
9. Petitioner requests that it be appointed ernergency plenary guardians of the person and
estate of Rebecca Wetch-Kahl.
10. Petitioner has no interest that is adverse to that of Rebecca Weich-Kohi.
11. Petitioner has arranged to have the alleged incapacitated person placed at Green
Ridge Village Nursing Home; however, Green Ridge Village Nursing Hame will not admit
Rebecca Welch-Kahl withaut the cansent of a legally appointed guardian.
12. In addition, Rebecca Welch-Koht will need to be transported to Carlisle Regianal
Medical Center to be evaluated and cleared medically prior ta her placement in the facility
identified in Faragraph 1 l, abave.
13. Petitioner believes that Rebecca Weich-Kohl daes not already have a guardian.
14. Petitioner avers that Rebecca Welch-Kohl is incapacitated as defined in Chapter 55
of the Probate, Estates and Fiduciaries Code.
15. Rebecca Welch-Kohl's last known sources af income consisted of a$676 monthly
Sacial Security benefit and the monthIy sum of$243 directly deposited into her bank account
representing a type of suppart payment.
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16. Petitianer believes that no previous application has been rnade ta any court to declare
Rebecca Welch-Kohl incapacitated and no court has assurned juxisdiction in any proceeding to
determine the incapacity of Rebecca Welch-Kohl.
17. Petitioner is not aware that Rebecca DVelch-Kohl has ever executed a power of
attorney or in any ather way designated anyone to serve as her agent with respect to any matter
pertaining to her.
1 S. Due to the exigencies of this situation, Petitioner asserts, and requests this Court to
find,that to the extent nat explicitly addressed in this Petition, the provisions of 20
Pa.C.S.A.5511 are inapplicable as not being feasible.
19. The failure ta appaint Petitioner as emergency plenary guardians of the person and
estate of Rebecca VVelch-Kohl wauld result in irreparabie harrn ta the person and estate of the
alleged incapacitated person.
WHEREFORE, Petitioner Cumberland County Aging and Community Services requests
this Court to issue an Order appointing Petitianer ernergency plenary guardians of the person and
estate of Rebecca Welch-Kahl.
Date: July 22, 2t�13 ����`—
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
Assistant Cumberland County Solicitor
For Cumberland County Aging and Community
Services
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VERIFICATION
I verify that the statement�made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties af 18 Pa.C.S. Sectian
4904 relating to unsworn faisificatian ta authc�rities.
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Janet Paull, Cumberland Caunty Aging and
� �r �l� Comrnunity Services
Date: ��j
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