HomeMy WebLinkAbout02-04-14 (3) IN THE COURT OF COMMON PLE�Q��;;t:z+ n;;,'�;^y ��
CUMBERLAND COUNTY, PENNSYL�N�4, ; � �;�- `a;..,_.:a
O.C. NO. 21-13-1181 ��il'1 F�� `� ���; 2 �;1
ESTATE OF VIRGINIAA. BROWN, G���;; �:�•;
AN ALLEGED INCAPACITATED PERS��E��?�� �,��;;��;
GU�98�R� F .,; ,�,,-, .-,t
PETITION FOR INDEPENDENT EVALUATION PURSUANT TO 20 PA.0 �.`��5�'`1(d)
AND NOW, comes the Movant, Virginia A. Brown, by and through her attorney, Lorin
A. Snyder, Esquire, and requests an independent evaluation as follows:
1. Petitioner 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. ManorCare avers that one Dr. James Hardy found Ms. Brown to be "suffering
from conditions which cause incapacity," albeit without indication of any particular diagnosis
or any affidavit from said doctor.
5. Undersigned counsel has been informed that the ManorCare does not intend
to convey Ms. Brown to the hearing on the determination of Dr. Hardy.
6. Ms. Brown has the right pursuant to 20 Pa.C.S. §5511(d) to obtain an
independent evaluation as to both incapacity and her ability to appear at the hearing.
7. This Petition was not filed previously due to the fact that the parties
acknowledged the Petition for Guardianship would be withdrawn if Ms. Brown's Power of
Attorney, Jennifer Hatton, obtained and supplied all necessary documentation and the
application for medical assistance was approved.
8. Undersigned counsel was informed only recently that all documentation was
only lately supplied for medical assistance, and therefore ManorCare will not yet withdraw
the petition.
9. The Honorable M. L. Ebert, Jr., is assigned to this case.
WHEREFORE, Ms. Brown respectfully requests this Honorable Court to select and
appoint a physician to conduct an independent evaluation of the alleged incapacitated
person and report his or her findings to the Court.
Respectfully submitted,
TURO ROBINSON
,
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a/�l� 4 �
Date Lorin A nyder, Es ire
PA ID o. 203199
129 outh Pi reet
Carli , 17013
717-245-9688
Attorney for Virginia A. Brown
0
CERTIFICATE OF SERVICE
I hereby certify that I served a true and correct copy of the Petition for Independent
Evaluation 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, Es uire
129 S th Pitt Street
Carlis e, PA 17013
(717) 45-9
Attorney for Virginia A. Brown