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Home My WebLink About09-10-14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ORPHANS' COURT DIVISION PATRICIA L. SHARBAUGH, No.W� of 2014 An Alleged Incapacitated Person co M � ::0 PETITION FOR APPOINTMENT OF GUARDIAN U)--I ZZ TO THE HONORABLE, THE JUDGES OF SAID COURT: c> _n BEVERLY FRY, SENIOR EXECUTIVE DIRECTOR OF GOLDEN LIVING CENTER-WEST SHORE ("Golden Living Center'), files this Petition for Appointment of Permanent Plenary Guardian of Person and Estate under and pursuant to the Probate Estates and Fiduciaries Code of 1972, 20 Pa. C.S. A. §§ 5501, et seq., as amended, and respectfully represents as follows: 1. PATRICIA L. SHARBAUGH (the "Alleged Incapacitated Person") is a sixty-nine year-old (69) female born on May 6, 1944. 2, The Alleged Incapacitated Person currently resides at Golden Living Center West Shore, with an address of 770 Poplar Church Road, Camp Hill, PA 17011, following initial admission on or about October 14, 2013. 3, Golden Living Center has filed an application for Medical Assistance Long Term Care ("MA-LTC") benefits on behalf of the Alleged Incapacitated Person to cover the cost of her care, which application is still pending as Golden Living Center has been unable to obtain required information, including bank statements, to get the application approved. As requested herein a guardian of the estate is needed to obtain the verification necessary to process the Alleged Incapacitated Person's MA-LTC; application- 4. Upon information, the Alleged Incapacitated Person is divorced and has the following known relatives (including spouse, parents and presumptive adult heirs as may be applicable): Name Relationship Address Florence Stutting Mother 770 Poplar Church Road Camp Hill, PA 17011 Bonnie Kile Sister 20 Beaver Street Apt. 107 York, PA 17019 Pamela Esworthy Daughter 100 Pennsylvania Ave (Estranged) Carlisle, PA 17013-1140 Teresa Dubler. Daughter 1729 Lockport Road (Estranged) Lewistown, PA 17044-8057 Gerald Stutting Brother 36 Spring Lane Road Dillsburg, PA 17019-9474 Counsel for Petitioner spoke with Bonnie Kile ("Ms. Kile"), the sister of the Alleged Incapacitated Person, on July 18, 2014, at which time Ms. Kile informed Counsel that the whereabouts of the Alleged Incapacitated Person's children are unknown (addresses for the daughters and brother above were obtained from the white pages website). Ms Kile also informed Counsel that she does not wish to serve as guardian for the Alleged Incapacitated Person. Upon information and belief, no friends or family have visited the Alleged Incapacitated Person during her stay at Golden Living Center or have otherwise been involved in her care, apart from Ms. Kile, who has declined to serve as guardian. 5. The following persons or institutions provide the listed services to the Alleged Incapacitated Person: Name Address Service Golden Living Center 770 Poplar Church Road Residential Skilled Camp Hill, PA 17011 Nursing Services Edward Lamarque, M,D. 2920 Market Street Attending physician Camp Hill, PA 17011 AlixaRX 1041 Washington Pike Ste 100 Prescriptions Bridgeville, PA 15017 6, The Alleged Incapacitated Person's physicians have diagnosed her physical and mental condition as including, but not limited to, Parkinson's Disease, Epilepsy, and Depressive Disorder. These physicians have opined that the Alleged Incapacitated Person's functional limitations include an inability, without the care, supervision and the continued assistance of others, to satisfy requirements for nourishment, personal and medical care, shelter, self-protection and safety, and the management of financial resources, and that the treatment rendered to date has been unsuccessful in significantly improving the aforementioned conditions and functional limitations. 7. Golden Living Center has been advised and believes that the Alleged Incapacitated Person's ability to receive and evaluate information effectively and to communicate responsible decisions is significantly impaired and currently preclude the Alleged Incapacitated Person from independently attending to issues of medical treatment, residential care and all matters concerning personal affairs and also the management of any financial affairs. 8. Golden Living Center requests the appointment of a guardian due to medical and psychiatric information received (as set forth above), which information contributes to Golden Living Center's belief that the Alleged Incapacitated Person is totally incapacitated within the meaning of 20 Pa.C.S. §§ 5501, et seq. with regard to matters concerning the Alleged Incapacitated Person's person. 9. Golden Living Center has identified Keystone Guardianship Services, with an address of P.O. Box 804, Elizabethville, PA 17023, as a potential permanent plenary guardian of the Alleged Incapacitated Person's person (the "Proposed Guardian"). The Proposed Guardian has advised that it has no interest adverse to the Alleged Incapacitated Person and is not a fiduciary in any estate for which the Alleged Incapacitated Person has an interest. 10. Golden Living Center has investigated less restrictive alternatives to the relief requested herein, but such are not feasible due to the current situation and conditions described above. Such conditions preclude the making of voluntary, informed judgments by the Alleged Incapacitated Person regarding the management of personal and financial affairs. The relief requested herein is believed to be the least restrictive available, in accordance with the recommendation of the Alleged Incapacitated Person's physicians. 11. Upon information and belief, the Alleged Incapacitated Person's assets and income include, but are not limited to, the following: • Social Security $1,010.00 per month for which Social Security has appointed Golden Living Center as representative payee; • Pension $ 1,059.00 per month; and • Real Estate situate at 612 Range End Road, Lot 2, Dillsburg, PA 17019-1406 with a county assessed value of$54,940.00. 12. Golden Living Center believes, and therefore avers, that the potential for conflict with regard to issues of the identity of guardian and of incapacity are minimal, as: the medical evidence is uncontroverted; the Alleged Incapacitated Person is cognitively impaired, demented and delusional; and Golden Living is acting as Representative Payee for the Alleged Incapacitated Person's Social Security payments. Golden Living Center does not know whether the Alleged Incapacitated Person's other known relatives have any objection to the relief requested herein. 13. Due to the Alleged Incapacitated Person's general medical conditions, it is believed that the Alleged Incapacitated Person's treating physicians would likely find that her presence in court would be harmful and detrimental to her physical or mental condition. 14. To the best of Golden Living Center's knowledge, information and belief, there is not now, nor has there ever been, a guardian appointed for the person or estate of the Alleged Incapacitated Person, 15. To the best of Golden Living Center's knowledge, information and belief, no court has ever assumed jurisdiction in any proceeding to determine the capacity of the Alleged Incapacitated Person. 16. To the best of Golden Living Center's knowledge, information and belief, the Alleged Incapacitated Person was not a member of the Armed Services of the United States and is not receiving any benefits from the United States Veterans Administration. WHEREFORE, Golden Living Center respectfully requests the appointment of a permanent plenary guardian of the person and estate and that a Citation be issued directed to the Alleged Incapacitated Person to show cause why she should not be adjudged incapacitated and why a permanent plenary guardian of her person and estate should not be appointed. TUCKER ARENSBERG, P.C. BV Chris o 'her er, , 4 / . # 139'5 .�' TuckerArensberg, P,C. 2 Lemoyne Drive, Suite 200 Lemoyne, PA 17043 Dated: O, O9 (717) 234-4121 CONSENT TO SERVE AS GUARDIAN This is to certify that I, riz�r�- Jt�w�20 am the pRgs,ur_--v r of KEYSTONE GUARDIANSHIP SERVICES and am unrelated to PATRICIA L. SHARBAUGH, the Alleged Incapacitated Person. I have been informed that the Alleged Incapacitated Person has the illness stated in the Petition for Appointment of Guardian of Person and Estate. I am authorized to state that KEYSTONE GUARDIANSHIP SERVICES is wilting to serve as guardian of the person and estate of PATRICIA L. SHARBAUGH if so appointed by the Court. I also certify that a representative of KEYSTONE GUARDIANSHIP SERVICES will be present during the hearing for determination of the Alleged Incapacitated Person's capacity and the appointment of a guardian. KEYSTONE GUARDIANSHIP SERVICES has no interest adverse to that of the Alleged Incapacitated Person and is not a fiduciary of any estate, trust or similar fund in which the Alleged Incapacitated Person has an interest. By: nrar� n� Narrr��ie: 04,csr,tW4& G. 5na 'uA0 Title: pis S�a�Nr Dated: (1��--' 2014 VERIFICATION I, lcb[ �;rttrCr SalRj �J tsfor Golden Living Center state, that the facts contained in the foregoing Petition are true and correct to the best of my knowledge, Information and belief. This Verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. GOLDEN LIVING CENTER Print Na : LC: arm MIA LSD Title: nk(c-,+r F Sc, x -�,Wits9 Dated: k' 2014 i' 1 i