HomeMy WebLinkAbout03-04-05 (2)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. ~ .;)1'o5~ ORPHANS' COURT
;lod-
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
, ,
C_"
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 oid 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
0-
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 <CIS
.
JOHNSON, DUFFIE, STEWART & WEIDNER
By:~L7~.
/ David W. Deluce
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 TlON
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. 94904
relating to unsworn falsification to authorities.
Sus S. Zeigler, ASC
Dated: /tAKe",z LOPJ"
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.
/t/ f?::tntA/
Donald L. Stoner
Dated: /1"'R~,v.? 2.rlPS
,
IN RE: ESTATE OF
BEVERL Y A. BEARD
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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
551/
Pursuant To Section ~ 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, a hearing is scheduled for Friday, March 4, 2005, at 2:30 p. m., in Courtroom
No.1, 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, P A 17043
Attorney for Holy Spirit Hospital
/
, ", I ,//
,. .' i' ,,' ,,-" ,-- ,",../
,I i I / L-.,.- ~ c.:///,
y\fesley Oler,., t /..y .
I
Donald L. Stoner
1918 North Third Street
Harrisburg, P A
r",)
:rc
~ "
I _~~
::r