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HomeMy WebLinkAbout04-25-05 ".) Anthony J. Nestico, Esquire Attorney 1.0. No. 58868 Richard B. Druby, Esquire Attorney 1.0. No. 61904 NESTICO, DRUBY & H1LDABRAND, LLP 840 E. Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (facsimile) Attorneys for Petitioner ............................-................................................ C:'J IN RE: : IN THE COURT OF COMMON PLEAS CARL S. BARKER, II, an alleged : CUMBERLAND COUNTY, PENNSYLVANIA incapacitated person, by his daughter,: BEVERLEY A. ROHRBAUGH NO. Petitioner ORPHAN'S COURT DIVISION PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON IN ACCORDANCE WITH 20 PA. CONS. STAT. ANN. & 5513 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The petition of Beverly A. Rohrbaugh respectfully represents that: I. Petitioner is the daughter of Carl S. Barker, II (hereinafter "alleged incapacitated person") who has been recently involuntarily admitted to Harrisburg Hospital located at Front Street, Harrisburg, Pennsylvania. 2. The alleged incapacitated person was born on December 6, 1926, is 78 years of age, and resides at 525 Hogestown Rd., Mechanicsburg, Pennsylvania, 17050. 3. The following persons are to the best of petitioner's knowledge, information and belief the only living next-of-kin of the alleged incapacitated person: Name Relationship Address Mildred E. Barker Wife 525 Hogestown Rd Mechanicsburg, P A 17050 Carl Barker, III Son 428 Mumper Lane Dillsburg, P A 17019 Barbara Anne Murray Daughter 10011 W. Prairie Hills Cr Sun City, AZ 85351 Carol Jean Quave Daughter 1405 Apple Dr. Mechanicsburg, PA 17055 Bonnie Sue Bell Daughter 1111 Donegal Springs Rd Mt. Joy, PA 17552 Beverly A. Rohrbaugh Daughter 180 Locust Lane Dillsburg, PA 17019 4. On April 18, 2005, the alleged incapacitated person, a World War II Veteran, was found late at night in his home, suffering from severe hallucinations causing him to believe that the Nazis were after him and that he had to cut the electricity to his home. 5. The alleged incapacitated person was taken from his home on April 19,2005, to Harrisburg Hospital, Harrisburg, Pennsylvania, where he was involuntarily committed due to the severity of his dementia. 6. The alleged incapacitated person requires constant skilled nursing and medical attention so at to prevent harm to himself and those around him. 7. Because of the severity of his mental condition, the alleged incapacitated person lacks the capacity to make or communicate any responsible decisions concerning his person and, even with the assistance of other persons or services would not be able to participate in the making of any decisions concerning his person. 8. Petitioner is not aware that the alleged incapacitated person signed any powers of attorney or advanced health care directives or in any other way designated anyone to serve as his agent over any of his personal affairs or as his surrogate over his medical care, or that he designated in writing his wishes with regard to health care, including the use or refusal of life-sustaining treatment. 9. As the alleged incapacitated person is unable to competently make known or communicate his wishes and as there are no known powers of attorney or advanced health care directives executed by the incapacitated person, there are no less restrictive alternatives available other than the appointment of an emergency guardian.. 10. The proposed guardian of the the person of the alleged incapacitated person is Beverly A. Rohrbaugh, a daughter of the alleged incapacitated person, who resides at 180 Locust Lane, Dillsburg, PA 17019. The proposed guardian's consent to serve as emergency guardian of the person is attached hereto. 13. The proposed emergency guardian has no interest adverse to the alleged incapacitated person. 14. No other guardian has been appointed for the person of the alleged incapacitated person. ] 5. As the alleged incapacitated person's period of involuntary commitment could end within ten (10) days of said commitment, it is urgent that arrangements be made prior to this expiration to protect the welfare of the alleged incapacitated person, as his mental state is rapidly deteriorating. ] 6. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. WHEREFORE, petitioner respectfully requests that this court enter a decree granting Beverly A. Rohrbaugh emergency guardianship of Carl S. Barker, II, for the purpose of procuring appropriate medical treatment for his safety and welfare for an initial period of 72 hours. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP By: Anthony J. Attorney I. . No. 58868 Richard B. Druby, Esquire Attorney 1.0. No. 61904 840 E. Chocolate A venue Hershey, P A 17033 (717) 533-5406 (717) 533-5717 (facsimile) Attorney for Petitioner Dated: L(r)t ~ ;;to)' IN RE: : IN THE COURT OF COMMON PLEAS CARL S. BARKER, II, an alleged : DAUPHIN COUNTY, PENNSYLVANIA incapacitated person, by his daughter,: BEVERLEY A. ROHRBAUGH NO. Petitioner ORPHAN'S COURT DIVISION CONSENT OF PROPOSED GUARDIAN I, BEVERLY A. ROHRBAUGH, hereby consent to my appointment as emergency guardian of the person and the estate of my father, CARL S. BARKER, II, an alleged incapacitated person. 4'/~;:'5 Date VERIFICATION I, BEVERLY A. ROHRBAUGH, verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: 4/u~s- CERTIFICATE OF SERVICE I, Christiana E. Appleby, of the law firm ofNestico, Druby & lIildabrand, LLP, hereby certify that on the .2 (P raay of April, 2005, a copy of the foregoing document was sent via First Class U.S. Mail, postage paid, to the following: Mildred E. Barker 525 Hogestown Rd. Mechanicsburg, P A 17050 Carl Barker, III 428 Mumper Lane Dillsburg, P A 17019 Barbara Anne Murray 10011 W. Prairie Hills Circle Sun City, AZ 85351 Carol Jean Quave 1405 Apple Dr. Mechanicsburg, P A 17055 Bonnie Sue Bell I ]] Donegal Springs Rd. Mt. Joy, P A ] 7552 Beverly A. Rohrbaugh ] 80 Locust Lane Dillsburg, PA ] 70] 9 ~ {:~{eb Christiana E. Appleby J