The URL can be used to link to this page

Home My WebLink About11-13-13 ti n r: � w � rn rn m � _°: �? ° � <::� c� cn :� � sr ._� t:� �- r,�r co� �.�,, =� � -J ;;';a c:� �;� � x � r� � � -� �.^ ..,�; r,-� �'-� � —3 _,�.r ,:-, �-... - ;. - ..... ,... f..,.., .,._ +�:�1 IN THE COURT OF COMMON PLEAS OF `....� �� '' n�-- ��'�, CUMBERLAND COUNTY, PENNSYLVANIA�-+ � �' � ORPHANS' COURT DIVISION o.c. No. a 1-►3 - ►► Y ► ESTATE OF VIRGINIA A. BROWN, AN ALLEGED INCAPACITATED PERSON PETITION UNDER§5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE VIRGINIA A. BROWN TO BE TOTALLY INCAPACITATED AND TO APPOINT A GUARDIAN FOR HER ESTATE AND HER PERSON TO THE HONORABLE JUDGES OF SAID COURT: ManorCare Health Services—Camp Hill ("Petitioner") respectfully represents that: 1. Petitioner is a skilled nursing facility wherein resides Virginia A. Brown ("Ms. Brown"), an alleged incapacitated person. 2. Ms. Brown was born on October 3, 1946 and is currently 67 years of age. 3. Ms. Brown resides in a private nursing facility in Cumberland County, whose address is: ManorCare Health Services—Camp Hill 1700 Market Street Camp Hill, PA 17011 4. Because Ms. Brown resides in Cumberland County, this Court has jurisdiction pursuant to § 711 (10) of the Probate, Estates and Fiduciary Code and § 5512(a). � 5. To the extent of Petitioner's knowledge, Ms. Brown has the following living relative: Name: Address: Relationship: Jennifer Hattan 414 W. Third Avenue Daughter Parkesburg, PA 19365 6. To Petitioner's knowledge, Ms. Brown does not own any assets of significant value. 7. To Petitioner's knowledge, Ms. Brown receives a monthly income stream consisting of Social Security in the amount of$850.00 and alimony in the amount of$267.00. 8. To Petitioner's knowledge, Ms. Brown was not a member of the Armed Services of the United States and therefore is not receiving any benefits from the United States Veterans' Administration. 9. An application for Medical Assistance ("MA")benefits was filed on Ms. Brown's behalf to help pay for the cost of her care at Petitioner's facility; however, due to the failure to provide requested financial verifications to the Pennsylvania Department of Public Welfare, Ms. Brown's MA application was denied on September 24, 2013. 10. On May 5, 2011, Ms. Brown appointed her daughter, Jennifer Hatton, to act as her agent for financial and healthcare matters. 11. Upon information and belief, Jennifer Hatton does not wish to act on Ms. Brown's behalf as Ms. Brown's agent under power of attorney for financial and healthcare matters. 12. To Petitioner's knowledge, a guardian has not previously been appointed for Ms. Brown. 13. Ms. Brown's treating physician is: Dr. James Harty P.O. Box 168 Hummelstown, PA 17036 14. Dr. Harty diagnosed Ms. Brown as suffering from conditions which cause incapacity and require that she receive 24-hour-a-day care. 15. Because of the lack of a representative willing to act on Ms. Brown's behalf, and due to the onset of Ms. Brown's conditions, there may be no less restrictive alternatives to the appointment of a Guardian of the estate and person of Ms. Brown. 16. Because of Ms. Brown's condition, 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. 17. Because of Ms. Brown's condition, she lacks the capacity to make or communicate any responsible decisions concerning her person and is unable to attend to her personal hygiene or to keep herself properly nourished and hydrated or communicate to others her need for assistance in these areas. 18. Because of the severity of Ms. Brown's condition, the assistance of other persons or services would not enable Ms. Brown to participate in the making of any decisions concerning her estate or person. 19. The severity of Ms. Brown's condition requires that a plenary guardian be appointed to manage her estate. Said guardian should be appointed to manage and handle all aspects of her estate, 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 bonds, her personal property, her real estate, her life and other insurance of which she is a beneficiary, her entitlement to any government or non-government benefit plans, federal, state, local taxes, trust accounts of which she is the beneficiary, claims made or to be made on her behalf or against her, the execution of documents, the entry into contracts affecting her and the payment of reasonable compensation or costs to provide services for her. 20. The severity of Ms. Brown's condition mandates that a plenary guardian of her person be appointed to handle all issues relating to the person of Ms. Brown, specifically including but not limited to: her living arrangements,her medical and psychiatric care, the administration of inedication to her and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists, and other professionals for her physical and mental treatment and care. 21. The proposed guardian of the person and estate of Ms. Brown is: Brian D. Brooks d/b/a Pennsylvania Guardianship Association P.O. Box 7295 Lancaster, PA 17604 (717) 299-4568 22. The proposed guardian, Brian D. Brooks d/b/a Pennsylvania Guardianship Association, does not have any adverse interests to the person or estate of Ms. Brown, and an acceptance to serve as guardian of the person and estate is attached hereto as Exhibit A. 23. Brian D. Brooks d/b/a Pennsylvania Guardianship Association has been suggested as guardian of the person and estate of Ms. Brown because he has extensive experience in handling such matters. 24. To Petitioner's knowledge, no other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Ms. Brown. 25. Due to the limited resources of Ms. Brown, Petitioner requests the fees of court- appointed counsel for Ms. Brown be paid by Cumberland County. WHEREFORE, Petitioner prays that a Citation be issued directed to Virginia A. Brown to show cause why she should not be judged a totally incapacitated person and Brian D. Brooks d/b/a Pennsylvania Guardianship Association be appointed permanent plenary guardian of her person and her estate, with notice by personal service to Virginia A. Brown. Respectfully Submitted, /l S �.� � Date: By: - n i . Glatfelter, squire orn y I.D. No.: 20 35 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 ManorCare Health Services—Camp Hill s3is-i3 VERIFICATION The undersigned hereby verifies the statements of fact in the foregoing document ' are true and corre�ct to the best of his or her knowledge,informatian and belief. He or she understands any fatse statements theTein are subject to the penalties c�ntained in 18 ; Pa. C. S. § 4904,relating to unsworn falsification to authorities. Dated: i'o 1 �,� � ��.c. - i Signature Printed Name: s-k+�w ��..� Printed Job Tit1e: bw�'��ss b��• i�a'��-c.�' ManarCare Health Services—Camp Hill . �. �w�� 53�.�-13 CC)N�EI�"T'i��3P`R.��'C35E��l[T �rian i�.B I�.P ��lv�uur'�� '�nship A� '�ttian do�s l� � 'f� h�i�wil�irng�a�as . �n��I ry 'an c��t�t� c�n d ��►f�ir ` 'a.�.. �3aecsw�,�uu ai�e�es�i�a. ci n,��the Court sha�I so ap�crir�t. Fu er,B�ian 13.�rr�l�s c�l�l��`ennsyl�ania Gu i °p�:�sscsc�a�zc�n h y °�ie��is a�ot a.�d� • c�fa�;y es#��in�hich Vir ' °a�,.Barown ha� int nc�r �1 h��e�:y a�th+�i�� , e�u�E��dv �l' ' "a:�.,B�vvw�'s sa r�r �e. ,�� at�: /'��/��f�`-� ��' i�� 2't�t. �l�/�.a....,v U . �d�� Ti�e: �ri�n I3.�r�ks dlbla P sytv `a �uardi hig As�aciat�on