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Home My WebLink About08-30-13 i C <<� � IN THE COURT UF+COMMt3N PLEAS t}F c ,�, � ,�'; � CUMBERLAND COUNTY,PENNS�LVANI�� `�` =,��' � �__ ORPHANS COURT DIVISION �, � � �'� �"�" ��,�� , r �,' r- c``.� r,� �, � �,;� O :�;s ,��4`: �I-i�-�� `� � �-;� k:.1, O.C. NtJ. � � _.� ; �., �� c� c� ��. --=�� ,.._�� ESTATE OF ELLEN E,PARI�S, `� � rv ; �� `,; AN ALLEGED INCAPACITATED PERSQN-� � ' � �• � �`� n, c.� PETITION UNI3ER§��11 t3F THE PI2UBATE, ESTATES AND FIDUCIARIE�CtJDE T{J ADJUDGE ELLEN E. PARKS TO BE TOTALLY INCAPACITATED AND APPtJINT A GUARDIAN FUR HER ESTATE AND HER PERS(JN TO THE HONORABLE JUDGES OF SAID COURT: HCR Manor�are Carlisle �"Petitioner"}respectfully represents that: 1. Petitioner is a skilled nursing facility wherein resides Ellen E. Paxks, an alleged incapacitated person. 2. Ellen Parks was born on Apri12, 1939 and is currently 74 years af age. 3. Ellen Parks resides in a private nursing facility in Cumberland�ounty, whase address is. �I�R ManorCare Carlisle 940 Walnut Bottorn Road Carlisle, PA 1701 S 4. Because E11en Parks resides in Cumberland County,this Court has jurisdiction pursuant ta § 711 �3 Q}af the Probate,Estates and Fiduciary Code and � 5512�a}, �. Petitioner is unaware of any living relative�of Ellen Parks. 6. Petitioner's courisel ordered a professional skip trace search to attempt ta locate potential intestate heirs of Ellen Parks. 7. Petitioner is unaware of any assets owned by Ellen Parks. 8. Petitior�er is unaware of any income received by E11en Parks. � T � 9. Petitioner's is without knowledge of whether Ellen Parks was a member of the Armed Services of the United States and, consequently, whether she is receiving any benefits from the United States Veterans' Administration. 10. Petitioner intends to file an application for Medical Assistance("MA")benefits on Ellen Parks' behalf to help pay for the cost of her care at HCR ManorCare Carlisle. 11. To Petitioner's knowledge, Ellen Parks has not appointed an agent to act on her behalf under power of attorney, nor has a guardian been appointed to make financial or healthcare decisions for her. 12. Ellen Parks' treating physician is: Dr. Darryl Guistwite, D.O. 56 Ashton Street Carlisle,PA 17015 Phone: (717) 609-2052 13. Dr. Guistwite diagnosed Ellen Parks as suffering from dementia, a condition which causes incapacity and requires that she receive 24-hour-a-day care. 14. Because of the lack of a representative willing or able to act on Ellen Parks' behalf, and due to the onset of Ellen Parks' dementia,there may be no less restrictive alternatives to the appointment of a Guardian of the estate and person of Ellen Parks. 15. Because of Ellen Parks' 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. � _ �-.�� . 5 1�. Because of Ellen Parks' dementia, she Iacks the capacity to make ar communicate any respansible decisions concerning her pearson and is unable to attend to her personal hygiene or to keep herself praperly nourished and hydrated or car�ununicate to others her need for assistance in these areas. 17. Because of the severity�►f Ellen Parks' dementia,the assistance of other persons or services would nat enable Ellen Parks to participate in the making af any decisians concerning l�er estate or person. 18. The severity of Ellen Parks' dementia requires that a plenary guardian be appointed ta m.anage her estate, Said guardian should be appointed to manage and handle all ' aspects of her esta#e, 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 bands,her personal property,her real estate,her life and other insurance af which she is a beneficiary,her entitlement to any govern�ment or non-government benefit plans, federal, state, local taxes,trust accounts af which she is the beneficiary, claims made or to be made on her behalf ar against her, the executian of documents,the entry i�to c�ontracts affecting her and the payment af reaso�able compensatian or cc�sts to pravide services for her. 19. The severity of Ellen Parks' dementia mandates that a plenary guardian of her person be appointed to handle all issues relating to the persan of Ellen Parks, specifically including but nc�t limited to: her living arra�gements,her medical and psychiatric care,the administration of inedicatian to her and the employment and discharge of physicians, psychiatrists, dent�sts,nurses,therapists, and other professianals for her physical and mental treatment and care. 2U, The proposed guardian of the person and estate of Ellen Parks is: Good News Consuiting, Inc. 140 Roosevelt Avenue Suite 2Q6 York, PA 1740I Phane: {717} $43-1504 21. The praposed guardian, �oad News Consulting, Inc., does not have any adverse interests ta the person or estate of El1en Parks, and an accept��nce to serve as guardian af the person and estate is attached hereto as Exhibit A. 22. Gaod News Cansulting, Inc. has been suggested as guardian of the person and estate of Ellen Parks because they have extensive experience in handling such matters. �3. Petitianer is without knowledge of whether Ellen Parks executed an advan�e health care directive. 24. No other Court has ever assumed jurisdiction in any proceeding to deter�nine the capacity of El1en Parks. 2S. Due to the limited resources of Ellen Parks,Petitioner requests that court- appointed caunsel far Ellen Parks be paid by Cuxnberland�ounty. WHEREFORE,Petitianer prays that a Citation be issued directed to Ellen Parks to show cause why she should not be judged a totally incapacitated person and Good News Consulting, Inc. be appointed permanent plenary guardian of her person and her estate, with notice by personal service ta Ellen Parks, ' Respectfully Submitted, Date: g ..2�` � By. � . n' ' J. Glatfelter, squir orney I.D.No.: 2 935 John N. Kennedy, Esquire Attorney I.D.No.: 68278 ' KENNEDY�PC LAW OFFICES P.O. Box 5100 Harrisburg, PA 17110-0100 (717)233-7100 Attorneys for HCR ManorCare Carlisle _ I�� I f �'''aiics,,Ell�r� �rER,IF��A'r'�+�N '��undersi��d hereby vear�es the st�t�e��vf fact�t�ie�`�z�g�in�dc��cu�m��t �re tnz�a�,d��rr�ect t�t.��b�st c�f his t�x h�r kn�w��g�,infc��n�ti��r�belief. �e ox she u�t�erstax�ds any fals�e sta�m�ents ther�iu��re�ubject to the�►�nalties cont�ined in 18 P�.C.S, �4�04,�celating t�u�aswc�rn falsic�r�at��n tc�au�o�laies. �•� L►�t�l: �� f �' �' ' at�rr�� 'rin�d�t�aam�: ��'� ��"�� . �'��l�'�� P'rint�Jt�b Titi�e: ,,��..��lZ,�'�..�' �� ManorCa�e C�rlisle � � � � XHIBIT �� Parks,EIIen +�o�vsE�vT��►ROPC��, GU�I�N Gaad 1�►lews Consultin g,Inc. does hereby Certi � fY ��y are wiZling to act as permanentplenaty gu,�.dian ofthe person and estate of E11en E.Par��an incapacrtated pe�on, if the�� alleged urt shall so aPpaint. Further, Good News Co nsulting,Inc. hereby Certifies the �� any estate zn which E11en E.Par�s 3' not a fiduciary of �as an interest nor�d�►�hey ha�,e� currently adverse to Ellen E. Par�� nY other�nterest : person or esta.te. � �a� � ! � � � Signature '��+�� `- � � ! Print: �1:1�'c.-��'S S 3 � Titie: /`'� �_"� � t�. � � � Gvod News �onsulting, Inc. � , � � � � R i