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Home My WebLink About03-04-05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. J.I- 05 - ~Od-.. ORPHANS' COURT ESTATE OF BEVERLY A. BEARD PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON OF BEVERLY A. BEARD IN ACCORDANCE WITH 20 PA. CONS. STAT. ~5513 ,""'''' :"-, TO THE HONORABLE, THE JUDGES OF SAID COURT: (,) The Petition of Holy Spirit Hospital respectfully represents that: l.", 1. Your Petitioner, Holy Spirit Hospital of the Sisters of Christian Charity ("Holy Spirit Hospital") is an acute care hospital located at 503 North 21st Street, Camp Hill, Cumberland County, Pennsylvania, where Beverly A. Beard, the alleged incapacitated person, is currently a patient. 2. Concurrently with the filing of this Petition for the Appointment of Emergency Guardian of the Person of Beverly A. Beard, a Petition Pursuant to Section 5511 of the Probate, Estates and Fiduciary Code to Adjudicate Beverly A. Beard to be Incapacitated and to Appoint Guardians for Her Person has been filed. Attached hereto and made a part hereof is a true and correct copy of said Petition. 3. Beverly A. Beard is currently a patient at Holy Spirit Hospital who suffered a cardiac arrest on February 9, 2005 and has been diagnosed as having hypoxic encephalopathy. A neurologic consultant has concluded that she has little chance of meaningful neurologic recovery. Beverly A. Beard does not respond to verbal stimuli and does not move her arms or legs. 4. Beverly A. Beard is currently on a mechanical ventilator and cannot receive food or fluid by mouth. Beverly A. Beard's attending physician has advised that she will require a tracheostomy in order to avoid erosion of her esophagus by the endotracheal tube which is in place now and that she will require a percutaneous gastrostomy to enable her to receive food and fluid. V' 5. Beverly A. Beard is an incapacitated person and is unable to consent to medical or surgical procedures or to direct her medical care. 6. The appointment of an emergency guardian would allow Beverly A. Beard to receive surgical treatment necessary to protect her life. 7. Donald L. Stoner, an adult individual residing at 1918 North Third Street, Harrisburg, Pennsylvania, a friend of Beverly A. Beard for over twenty (20) years, is willing to act as Emergency Guardian for the person of Beverly A. Beard in order to consent to medical or surgical treatment until the time the Court has a hearing on the plenary guardianship pursuant to Section 5511 of the Probate, Estates and Fiduciaries Code. WHEREFORE, Petitioner respectfully requests that this Court schedule a hearing as soon as shall be practicable and appoint Donald L. Stoner as the Emergency Guardian of the person of Beverly A. Beard, with the emergency guardianship to be in effect with respect to guardianship of the person of Beverly A. Beard until the time the Court has scheduled a hearing on the full guardianship pursuant to Section 5511 of the Probate, Estate and Fiduciary Code. JOHNSON, DUFFIE, STEWART & WEIDNER Date: March 3, 2005 By: ~ /4 _/, , David W. Deluce Attorney 1.0. No. 41687 Ralph H. Wright, Jr. Attorney 1.0. No. 56113 301 Market Street P.O. Box 109 lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Holy Spirit Hospital :244885 VERIFICA nON I, Susan S. Zeigler, ASCW, LSW, Director of Social Services, Holy Spirit Hospital, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {34904 relating to unsworn falsification to authorities. Susa S. Zeigler, ASC , Dated: /1'A/fO! Z 2. oP 1" , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF BEVERLY A. BEARD ACCEPTANCE BY PROPOSED EMERGENCY GUARDIAN Donald L. Stoner, hereby agrees to accept the appointment as emergency guardian of the person of Beverly A. Beard, if she is adjudged to be an incapacitated person by the Cumberland County Orphans' Court. (JJ PrlJ Donald L. Stoner Dated: /VAACIf 2 2.&111$ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF BEVERLY A. BEARD PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE BEVERLY A. BEARD TO BE INCAPACITATED AND TO APPOINT A GUARDIAN FOR HER PERSON AND HER ESTATE PRELIMINARY DECREE AND NOW, this day of , 2005, upon consideration of the annexed Petition, it is ORDERED AND DECREED that a hearing on this matter is set for the day of , 2005, in Courtroom No. , at .M. at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, and that a Citation be issued to Beverly A. Beard commanding her to show cause why she cannot appear at the aforementioned hearing pursuant to the Petition of Holy Spirit Hospital to have Beverly A. Beard adjudicated an incapacitated person and to have a plenary guardian appointed for her person and her estate. Notice of the hearing shall be given to Beverly A. Beard by counsel for the Petitioner in accordance with 20 P.S. S 5511 (a) not less than twenty (20) days prior to the hearing. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF BEVERLY A. BEARD PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE BEVERLY A. BEARD TO BE INCAPACITATED AND TO APPOINT A GUARDIAN FOR HER PERSON AND HER ESTATE FINAL DECREE AND NOW, this day of , 2005, upon consideration of the Petition of Holy Spirit Hospital and following a hearing, it is ORDERED AND DECREED that Beverly A. Beard is adjudicated an incapacitated person and Donald L. Stoner is hereby appointed as plenary guardian of Beverly A. Beard's estate and of her person; and no bond shall be required; and that said guardian is hereby authorized to make decisions on her behalf concerning her medical care and treatment including admission to nursing homes and hospitals and other health care providers as well as to consent to and authorize medical treatment; and the guardian herein appointed is further authorized to make future payments of both income and principal for her care and maintenance as may be necessary including the payment of legal fees, and court costs affiliated with obtaining this guardianship and all matters related thereto. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF BEVERLY A. BEARD PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE BEVERLY A. BEARD TO BE INCAPACITATED AND TO APPOINT A GUARDIAN FOR HER PERSON AND HER ESTATE TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Holy Spirit Hospital respectfully represents that: 1. Your Petitioner, Holy Spirit Hospital of the Sisters of Christian Charity ("Holy Spirit Hospital") is an acute care hospital located at 503 North 21" Street, Camp Hill, Cumberland County, Pennsylvania 17011-2288. 2. Beverly A. Beard is a 47 year old incapacitated female, born on July 14, 1957. She is unmarried, has no siblings, has no children and has no other known living relatives 3. Barbara M. Murphy, of 1420 Highway 97 South, Cantonment, Florida, 32533, has identified herself as Beverly A. Beard's best friend. Barbara M. Murphy has declined to serve as guardian of the person or estate for Beverly A. Beard. 4. Beverly A. Beard's residence is located at 1128 Columbus Avenue, Borough of Lemoyne, Cumberland County, Pennsylvania where she resides alone. 5. Beverly A. Beard was admitted to Holy Spirit Hospital on February 5, 2005 with diabetic ketoacidosis, acute renal failure, and severe anemia secondary to blood loss. She has a medical history of Type 1 diabetes mellitus, diabetic nephropathy, diabetic retinopathy, hypertension, chronic renal insufficiency, and questionable history of coronary disease. On February 9, 2005, Beverly A. Beard had a cardiac arrest, following which she was diagnosed as having hypoxic encephalopathy. A neurologic consultant concluded she has little chance of meaningful neurologic recovery, 6. Beverly A. Beard is presently unresponsive to verbal stimuli and does not move her arms and legs, She is presently on a mechanical ventilator. Beverly A. Beard's attending physicians, Clark and Shahinian Pulmonary Associates, have given the opinion that Beverly A. Beard's mental status is unlikely to improve and that she lacks, and will continue to lack, the capacity to make medical decisions or any other personal or financial decisions, and a guardian should be obtained. 7. A guardian is necessary to facilitate Beverly A. Beard's continuing medical care and treatment and to handle her personal and financial affairs in a reasonable fashion. 8. Beverly A. Beard has been employed full time in the Customer Service Department of Cingular. 9. Beverly A . Beard has approximately $2550.00 in her bank accounts. She owns a late model subcompact Ford automobile for which she has been making loan payments. She owns jewelry of undetermined value. She is a participant in a 401 (k) plan offered through her employer, Cingular. She owns no real estate. It is believed that Beverly A. Beard has no other significant assets, except as identified herein. 10. It is believed that Beverly A. Beard has no Will, Power of Attorney or Living Will. 11. Beverly A. Beard's friend for over twenty (20) years, Donald L. Stoner, is willing to serve as guardian of Beverly A. Beard's person and her property. Donald L. Stoner's address is 1918 North Third Street, Harrisburg, Pennsylvania. WHEREFORE, your Petitioner prays that a Citation be issued to Beverly A. Beard to show cause why she should not be adjudged to be incapacitated and a plenary guardian for her estate and person be appointed, and that the Court schedule a hearing on this Petition. Date: ~-2 ~~Q J- , JOHNSON, DUFFIE, STEWART & WEIDNER BY:~~~' / David W. De uce Attorney 1.0. #41687 Ralph H. Wright, Jr. Attorney 1.0. #56113 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Holy Spirit Hospital :244907 VERIFICA nON I, Susan S. Zeigler, ASGW, LSW, Director of Social Services, Holy Spirit Hospital, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Sus S. Zeigler, ASC Dated: /tAIU_It.z 2-opJ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF BEVERLY A. BEARD ACCEPTANCE BY PROPOSED GUARDIAN Donald L. Stoner, hereby agrees to accept the appointment of plenary guardian of the person and estate of Beverly A. Beard, if she is adjudged to be an incapacitated person by the Cumberland County Orphans' Court. I'M f?;:J:n6J Donald L. Stoner Dated: I1;+R{'~ 2 2.rI~S , IN RE: ESTATE OF BEVERLY A. BEARD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION NO. 21-05-202 ORPHANS' COURT ORDER OF COURT AND NOW, this 4th day of March, 2005, upon consideration of the Petition for the Appointment of Emergency Guardian of the Person of Beverly A. Beard in Accordance with 20 Pa. Cons. Stat. ~5513, a hearing is scheduled for Friday, March 4,2005, at 2:30 p. m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. Michael M. Gerominski, Esq., is hereby appointed to represent Beverly A. Beard, the alleged incapacitated person, in the above-captioned matter. BY THE COURT, Ralph H. Wright, Jr., Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Attorney for Holy Spirit Hospital (" ./~. / - .- ;' i Z t ./ {... .... .._ ,/ CC/ ~ /~ (__I: J. Wesley Oler, Jr.,'(.J J. I Donald L. Stoner 1918 North Third Street Harrisburg, P A :rc c,:' C) ,:1'<" :r