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HomeMy WebLinkAbout05-07-14 i RECORDED OFFICE OF RECISTER OF WILLS 2019 MY 7 PM 12 00 CLEPK OF ORPHANS' COURT CUMBERLAND CO., PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION O.C. NO. ZI -1y -44L ESTATE OF DAVID DEMLER,JR., AN ALLEGED INCAPACITATED PERSON PETITION UNDER§5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE DAVID DEMLER,JR. TO BE TOTALLY INCAPACITATED AND TO APPOINT A GUARDIAN FOR HIS ESTATE AND HIS PERSON TO THE HONORABLE JUDGES OF SAID COURT: ManorCare Health Services—Camp Hill ("Petitioner") respectfully represents that: 1. Petitioner is a skilled nursing facility wherein resides David Demler, Jr. ("Mr. Demler"), an alleged incapacitated person. 2. Mr. Demler was born on June 18, 1932 and is currently 81 years of age. 3. Mr. Demler resides in a private nursing facility in Cumberland County, whose address is: ManorCare Health Services—Camp Hill 1700 Market-Street Camp Hill, PA 17011 4. Because Mr. Demler resides in Cumberland County, this Court has jurisdiction pursuant to § 711 (10) of the Probate, Estates and Fiduciary Code and § 5512(a). 5. To the extent of Petitioner's knowledge, Mr. Demler has the following living relatives: Name: Address: Relationship: Dale Jackson 322 N. Second Street, Apt. 1806 Brother Harrisburg, PA 17101 Loretta Bonilla 6818 Liberty Stone Daughter San Antonio, TX 78244 6. Mr. Demler has a Santander Bank checking account with an approximate balance of$1,500.00 as of January 2014. 7. To Petitioner's knowledge, Mr. Demler does not own any assets of significant value. 8. To Petitioner's knowledge, Mr. Demler receives a monthly income stream consisting of Social Security in the amount of$950.00 and a RiverSource Life Insurance Company annuity in the amount of$96.73. 9. To Petitioner's knowledge, Mr. Demler was not a member of the Armed Services of the United States and therefore is not receiving any benefits from the United States Veterans' Administration. 10. An application for Medical Assistance ("MA") benefits was filed on Mr. Demler's behalf to help pay for the cost of his care at Petitioner's facility. 11. To Petitioner's knowledge Mr. Demler has not appointed an agent to act on his behalf under power of attorney, nor has a guardian previously been appointed for him. 12. Mr. Demler's treating physician is: Dr. Eric Binder 890 Poplar Church Road Camp Hill, PA 17011 Phone: (717) 761-3875 13. Dr. Binder diagnosed Mr. Demler as suffering from psychosis, a condition which causes incapacity and requires that he receive 24-hour-a-day care. 14. Because of the lack of a representative willing to act on Mr. Demler's behalf, and due to the onset of Mr. Demler's psychosis, there may be no less restrictive alternatives to the appointment of a guardian of the estate and person of Mr. Demler. 15. Because of Mr. Demler's condition, he is totally unable to manage or even appreciate the significance of his financial affairs,property and business and to make and communicate any decisions relating thereto, including the ability to communicate his need for assistance in these areas. 16. Because of Mr. Demler's condition, he lacks the capacity to make or communicate any responsible decisions concerning his person and is unable to attend to his personal hygiene,keep himself properly nourished and hydrated, or communicate to others his need for assistance in these areas. 17. Because of the severity of Mr. Demler's condition, the assistance of other persons or services would not enable Mr. Demler to participate in the making of any decisions concerning his estate or person. 18. The severity of Mr. Demler's condition requires that a plenary guardian be appointed to manage his estate. Said guardian should be appointed to manage and handle all aspects of his estate, specifically including, but not limited to: all issues relating to cash, checks in any bank or savings account held in his name, stocks and bonds, personal property, real estate, life and other insurance of which he is a beneficiary, entitlement to any government or non- government benefit plans, federal, state, local taxes, trust accounts of which he is the beneficiary, claims made or to be made on his behalf or against him, the execution of documents, the entry into contracts affecting him and the payment of reasonable compensation or costs to provide services for him. 19. The severity of Mr. Demler's condition mandates that a plenary guardian of his person be appointed to handle all issues relating to the person of Mr. Demler, specifically including but not limited to: living arrangements, medical and psychiatric care, the administration of medication, and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists, and other professionals for physical and mental treatment and care. 20. The proposed guardian of the person and estate of Mr. Demler is: Brian D. Brooks d/b/a Pennsylvania Guardianship Association P.O. Box 7295 Lancaster, PA 17604 (717) 299-4568 21. The proposed guardian, Brian D. Brooks d/b/a Pennsylvania Guardianship Association, does not have any adverse interests to the person or estate of Mr. Demler, and an acceptance to serve as guardian of the person and estate is attached hereto as Exhibit A. 22. Brian D. Brooks d/b/a Pennsylvania Guardianship Association has been suggested as guardian of the person and estate of Mr. Demler because he has extensive experience in handling such matters. 23. To Petitioner's knowledge, no other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Mr. Demler. 24. Due to the limited resources of Mr. Demler, Petitioner requests the fees of court- appointed counsel for Mr. Demler be paid by Cumberland County. WHEREFORE, Petitioner prays that a Citation be issued directed to David Demler, Jr. to show cause why he should not be judged a totally incapacitated person and Brian D. Brooks d/b/a Pennsylvania Guardianship Association be appointed permanent plenary guardian of his person and his estate, with notice by personal service to David Demler, Jr. Respectfully Submitted, -�>-(7ZI1114-,-:> Date: S S /�l By: In J. Glatfe er, squire tto ey I.D. No . 203935 John N. Kennedy, Esquire Attorney I.D. No.: 68278 KENNEDY,PC LAW OFFICES P.O. Box 5100 Harrisburg, PA 17110-0100 (717) 233-7100 Attorneys for ManorCare Health Services—Camp Hill 5365-14 VERIFICATION The undersigned hereby verifies the statements of fact in the foregoing document are true and correct to the best of his or her knowledge, information and belief. He or she understands any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904, relating to unswom falsification to authorities. Dated: &)tA Signature Printed Name: 51eawV sA.. 4- Printed Job Title: �`tile "Iewss P 4n 'Be- ski �� 3,0� 01y,e y ManorCare Health Services—Camp Hill 5365-1d CONSENT OF PROPOSED GUARDIAN Brian D.Brooks d/b/a Pennsylvania Guardianship Association does hereby certify he is willing to act as permanent plenary guardian of the person and estate of David Demler, Jr., an alleged incapacitated person,if the Court shall so appoint. Further,Brian D.Brooks d/b/a.Pennsylvania Guardianship Association hereby certifies he is not a fiduciary of any estate in which David Demler,Jr.has an imerest.nor does he have any other interest currently adverse to David Derider,Jr.'s person or estate. Dated! 1 ��J f/ - ✓�' Signature Print: Title: Brian D.Brooks d/b/a Pennsylvania Guardianship Association