HomeMy WebLinkAbout02-11-14 _ __ ___
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Keith 0. Brenneman, Esquire ,� � `� �' � �
44 West Main Street = � �`v � �,
Mechanicsburg, PA 17055 ��'„ ..� c,� �►
(717)697-8528 , "�' �
Attorney ID No. 47077
Assistant Cumberland County Solicitor
For Cumberland County Aging and Community Services
IN RE: : IN THE COURT OF COMM�N PLEAS OF
: CUMBERLAND COUNTY,PENNSYLVANIA
LYDA GALLAGHER, .
An alleged incapacitated person : ORPHANS' COURT DIVISiON
: N0. 21-14-055
PETITION FOR APPOINTMENT OF PLENARY GUARDIANS
OF THE PERSON AND ESTATE IN ACCORDANCE WITH 20 Pa.0 S.A �Sr, 511
Petitioner Cumberland County Aging and Community Services,by its attorney,Assistant
Cumberland County Solicitor Keith O. Brenneman, submits this Petition and in support thereof
states the following:
1. Petitioner is Cumberland County Aging and Community Services,having an office
located at 1100 Claremont Road, Carlisle,Pennsylvania.
2. The alleged incapacita.ted person is Lyda Gallagher,who is unmarried, 63 years of
age,and has last resided at 416 Venice Avenue, Carlisle, Pennsylvania.
3. Petitioner is unaware of the whereabouts of any former spouse of Lyda Gallagher or
that Ms. Gallagher has any surviving parents. Ms. Gallagher's presumptive adult heirs aze the
following persons:
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�Rebecca Keefer(dau�hter) Alexis Gallagher(granddaughter)
116 A�ril Drive Present address unknown
Camp Hill,PA 170�1
It is Petitioner's understanding that neither the alleged incompetent's daughter nor
granddaughter is capable or willing to care for Ms. C'rallagher.
4. On.January 16, 2014,this Court issued an Order appointing Petitioner as provider of
protective services for Ms. Gallagher under the Older Adults Protective Services Act authorizing
Petitioner to have Ms. Gallagher provided any medically necessary treatment due to exigent
circumstances where Ms. Gallagher was at imminent risk of death or serious physical harm.
5. On January 21, 2014, this Court issued an additional Order again appointing Petitioner
as provider of protective services for Ms. Gallagher and authorizing Petitioner to provide Ms.
Gallagher any medically necessary treatment and undergo a psychiatric evalua.tion,with such
authority being granted to Petitioner for a period of 20 days from January 21, 2014.
6. On or about January 16, 2014, Ms. Gallagher was transported by ambulance to Holy
Spirit Hospital where she has remained receiving both medical and psychiatric treatment.
7. Mr. Gallagher has been under the care and treatment of a psychiatrist at Holy Spirit
Hospital. As a result of such treatment,the following diagnoses and recommendations were
made for Ms. Gallagher:
a. She has bipolar l disorder,manic phase;
b. She has dementia due to multiple etiologies such as her general medical
condition and Alzheimer;
c. She has end-stage renal disease with peritoneal dialysis and insulin dependent
diabetes mellitu�and receives hemodialysis;
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d. She has psychosocial stressors severe such as chroruc psychiatric history,
history of non-com�liance,multiple medical problems and a limited support system;
e. Her limited memory has an impact an her rnental capacity to make correct
decisions about her medical condition and care; and
f. Because of the above, it is recommended that Ms. Gallagher be discharged
from Holy Spirit Hospital to a structured environment with continuous supervision�or
her care and in order for her to remain compliant with medication and routine dialysis.
8. Ms. Gallagher's home at 416 Venice Avenue, Carlisle is uninhabitable.
9. Petitioner avers that Lyda Gallagher is incapacitated as defined in Chapter 55 of the
Probate,Estates and Fiduciaries Code.
10. The alleged incapacitated person lacks capacity, is in need of a guardian,and the
failure to make such an appointment will result in irreparable harm to the person or estate of
Lyda Gallagher.
11. Petitioner requests that it be appointed plenary guardians of the person and estate of
Lyda Gallagher. �
12. Petitioner has no interest that is adverse to that of Lyda Gallagher.
13. Petitioner, if appointed,will make arrangements to have the alleged incapacitated
person placed at an appropriate facility where she be provided continuous supervision for her
care and wellbeing.
14. Petitioner believes that Lyda Gallagher does not already have a guardian.
15. Lyda Gallagher's last known sources of income are unknown to Petition since
Petitioner presently lacks authority to ascertain her sources of income. It is believed,however,
that the mobile home in which Ms. Gallagher has resided was not owned by her.
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�6. Petitionex believes that no previous application has been made to any court to declare
Lyda Gallagher incapacitated and no court has assumed jurisdiction in any proceeding to
determine the incapacity of Lyda Gallagher.
17. Petitioner is not aware that Lyda Gallagher has ever executed a power of attorney or
in any other way designated anyone to serve as her agent with respect to any matter pertaining to
her.
WHEREFORE, Petitioner Cumberland County Aging and Community Services requests
this Court to issue an Order appointing Petitioner plenary guardians of the person and estate of
Lyda Gallagher.
1 2 14 ��~� .
Date. February 1 , 0
Keith O. Brenneman,Esquire
44 West Main Street
Mechanicsburg,PA 17055
Assistant Cumberland County Solicitor
For Cumberland County Aging and Community
Services
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VERIFICATION
I verify that the statements made in the foregoing Petition are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.G.S. Section
4904 relating to unsworn falsification to authorities.
Diane Gaurley, Cumberland County Aging
and Community Services
Date: February 11, 2014
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� �ERTIFICATE OF SER_
I, KEITH O. BR.�NNEMAN,ESQLT�RE, hereby certify that�have,on the
below date,caused a true and correct copy of the�oxegoing Petition to be served
upon the person(s) and in the manner indicated below:
FIRST CLASS MAIL,POSTAGE PREPAID,ADDRESSED AS FOLLOWS:
Gra.ce D'Alo,Esquire
530 Greason Road
Carlisle,PA 17015
By: t
Keith�. Brenneman,Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg,PA 17055
(717)697-8528
Attorney for Cumberland County Agi�g
and Community Services �
Date: February 11, 2014