HomeMy WebLinkAbout02-04-14 (2) IN THE COURT OF COMMON PLEA�'`t�1�`°� ' `- ' ��'�- �'�
CUMBERLAND COUNTY, PENNSYL�'1�� � �� �• ' -'--a
O.C. NO. 21-13-1181 =�'-��� ��� �� �� 2 �1
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ESTATE OF VIRGINIA A. BROWN, ,,, �, ,
AN ALLEGED INCAPACITATED PERS�'������ U��'°`�'
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MOTION FOR CONTINUANCE "
AND NOW, comes the Movant, Virginia A. Brown, by and through her attorney, Lorin
A. Snyder, Esquire, and requests a continuance in this matter as follows:
1. Movant is Virginia A. Brown (hereinafter, "Ms. Brown"), an adult individual who
resides at Manor Care Health Services, 1700 Market Street, Camp Hill, Cumberland County,
Pennsylvania 17011.
2. On November 7, 2013, a Petition was filed by ManorCare Health Services
(hereinafter, "ManorCare") under §5511 of the Probate, Estates and Fiduciaries Code,
alleging Ms. Brown to be totally incapacitated and requesting appointment of a guardian for
her estate and her person.
3. As a result of said petition, a hearing has been scheduled for Tuesday,
February 5, 2014, at 3:00 p.m.
4. Petitioner filed the Petition for Guardianship for the purpose of ensuring the
approval of an application for medical assistance for Ms. Brown, as the initial application filed
on her behalf was denied due to incomplete documentation.
5. The appeal of the decision is still pending with the Pennsylvania Department
of Public Welfare.
6. ManorCare has indicated that they are willing to withdraw the Petition if the
medical assistance application is approved.
7. Jennifer Hatton, daughter and acting Power of Attorney for Ms. Brown, has
recently obtained copies of the documentation necessary for the approval of inedical
assistance for Ms. Brown.
8. Ms. Hatton has retained the services of Edmund G. Myers, Esquire, to assist
in her the submission of all documentation to the Department of Public Welfare to obtain
approval of inedical assistance for Ms. Brown.
9. Attorney Myers supplied said documentation to Max Byers, the Department's
caseworker in the matter, on February 4, 2014, and as of the filing of this Motion his decision
for approval is still pending.
10. Consequently, Ms. Hatton is still pursuing the application for medical
assistance in good faith, which when approved would negate the highly restrictive alternative
of taking away Ms. Brown's right to make her own decisions, along with Ms. Hatton's power
to assist her.
11. Undersigned counsel has been informed that ManorCare does not intend to
convey Ms. Brown to the hearing, should one occur, on the determination of Dr. James
Hardy.
12. A Petition for Independent Evaluation, as is Ms. Brown's right pursuant to 20
Pa.C.S. §5511(d), is being filed simultaneously with this Motion in order to obtain a second
opinion as to both incapacity and her ability to appear at the hearing.
13. Benjamin J. Glatfelter, Esquire, counsel for ManorCare, was contacted and
did not concur with this motion.
14. The Honorable M. L. Ebert, Jr., is assigned to this case.
WHEREFORE, for the foregoing reasons, Ms. Brown respectfully requests this
Honorable Court to continue the hearing to a date certain, to provide Ms. Brown and her
Power of Attorney the opportunity to receive a decision from the Department of Public
Welfare as to Medical Assistance, thereby resolving this matter without the need for
appointment of guardianship, and in the alternative, if a hearing should prove necessary, for
the independent evaluation to occur so that the findings of the medical professional may be
reported to the court on behalf of Ms. Brown.
Respectfully submitted,
TURO ROBINSON
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Date Lorin A. yder, E` quire
PA I D o. 2031
129 S ' Street
Carlisle, PA 17013
717-245-9688
Attorney for Virginia A. Brown
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Motion for Continuance upon
Benjamin J. Glatfelter, Esquire, by facsimile at 717-233-7050, and by depositing the same in the
United States Mail, first class, postage pre-paid on the Fourth day of February, 2014, from
Carlisle, Pennsylvania, addressed as follows:
Benjamin L. Glatfelter, Esquire
Kennedy, PC Law Offices
P.O. Box 5100
Harrisburg, PA 17110-0100
Attorney for Manor Care Health Services
TURO ROBINSON
- ;
Lorin A nyder, Esq ire
129 uth Pitt Str
Carl' le, PA 1 3
(71 - 688
Attorney for Virginia A. Brown