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Home My WebLink About02-12-15 ,_� c� :: � �!-, � �� ca r�,'i � �, -� � r°.i � r''"� -� �.,2 �� C37 � �'"7 i; , { �-� �: :. r-' t—, ,r f_�_T _ ._ N c,:;::) �'� ,:: > . —p ,, —.i� :,, , � .;,, _ -_r I IN THE COURT OF COMMON PLEAS OF �--� � � `�' r,, CUMBERLAND COUNTY PENNSYLVANIA ' ,�, �, , > � ORPHANS' COURT DIVISION �' �'� O.C. NO. Zj-��_/��" v ESTATE OF JOSEPH A. NELL, AN ALLEGED INCAPACITATED PERSON PETITION UNDER§5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE JOSEPH A. NELL 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 Joseph A. Nell ("Mr. Nell"), an alleged incapacitated person. 2. Mr. Nell was born on December 28, 1919 and is currently 95 years of age. 3. Mr. Nell 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. Nell resides in Cumberland County, this Court has jurisdiction pursuant to § 7ll (10) of the Probate, Estates and Fiduciary Code and § 5512(a). �T" \ 5. To the extent of Petitioner's knowledge, Mr.Nell has the following living relatives: Name: Address: Relationship: John Nell 4215 Catalina Lane Son Harrisburg, PA 17109 Phone: (717) 761-6116 Joseph Nell, Jr. 24 Bancker Avenue Son Schenectady,NY 12302 Phone: (518) 322-1078 6. Mr. Nell owns property located at 608 N. Front Street, Wormleysburg, Pennsylvania 17043. 7. To Petitioner's knowledge, Mr. Nell receives monthly income from the Social Security Administration; however, Petitioner is unaware of the amount of this income. 8. Petitioner is without knowledge of whether Mr. Nell receives additional monthly income from any other source. 9. To Petitioner's knowledge, Mr. Nell 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. Nell's behalf to help pay for the cost of his care at Petitioner's facility; however, this application is unlikely to be approved until financial verifications are provided to confirm Mr. Nell's eligibility for benefits. 11. At the time of Mr.Nell's admission to ManorCare, Mr. Nell's son, John Nell, informed ManorCare he was appointed by Mr. Nell to act as Mr.Nell's agent under power of attorney for financial matters and health care decisions; however, ManorCare has not been provided with a copy of a POA document. 12. Representatives of ManorCare have made numerous attempts to contact John Nell via letters and telephone calls to arrange for payment of Mr.Nell's outstanding balance at ManorCare from Mr. Nell's resources, to assist with Mr.Nell's application for MA benefits and to coordinate payment of Mr. Nell's pharmacy charges to ensure Heartland Pharmacy does not discontinue the provision of inedication for Mr. Nell due to non-payment. 13. Due to the failure to pay Mr. Nell's charges at ManorCare from private resources and the failure to secure MA benefits to help pay for the cost of Mr. Nell's care, an outstanding balance exists at ManorCare in the amount of$51,217.84, which continues to grow each month. 14. To Petitioner's knowledge, a guardian has not previously been appointed for Mr. Nell. 15. Mr.Nell's treating physician is: Dr. Rodney Magargle 3335 Market Street Camp Hill, PA 17011 (717) 763-9311 16. Dr. Magargle diagnosed Mr.Nell as suffering from dementia, a condition which causes incapacity and requires that he receive 24-hour-a-day care. 17. Because of the lack of a representative willing to act on Mr. Nell's behalf, and due to the onset of Mr.Nell's dementia,there may be no less restrictive alternatives to the appointment of a guardian of the estate and person of Mr. Nell. 18. Because of Mr.Nell's dementia, 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. 19. Because of Mr. Nell's dementia, he lacks the capacity to make or communicate any responsible decisions concerning his person and is unable to attend to his personal hygiene or to keep himself properly nourished and hydrated or communicate to others his need for assistance in these areas. 20. Because of the severity of Mr. Nell's dementia, the assistance of other persons or services would not enable Mr. Nell to participate in the making of any decisions concerning his estate or person. 21. The severity of Mr. Nell's dementia 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. 22. The severity of Mr. Nell's dementia mandates that a plenary guardian of his person be appointed to handle all issues relating to the person of Mr. Nell, specifically including but not limited to: his 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 his physical and mental treatment and care. 23. The proposed guardian of the person and estate of Mr.Nell is: Brian D. Brooks d/b/a Pennsylvania Guardianship Association P.O. Box 7295 Lancaster, PA 17604 (717) 299-4568 24. 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. Nell, and an acceptance to serve as guardian of the person and estate is attached hereto as Exhibit A. 25. Brian D. Brooks dlb/a Pennsylvania Guardianship Association has been suggested as guardian of the person and estate of Mr. Nell because he has extensive experience in handling such matters. 26. To Petitioner's knowledge, no other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Mr. Nell. 27. Should it be determined that Mr. Nell has insufficient resources to pay the fees of Mr. Nell's court-appointed counsel, Petitioner requests the fees of Mr. Nell's court-appointed counsel be paid by Cumberland County. WHEREFORE, Petitioner prays that a Citation be issued directed to Joseph A. Nell 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 Joseph A. Nell. Respectfully Submitted, l 1 I�.._� � � � / / Date: ,� Y: � ` ,,-- enjami J latfelter, E uire Atto .D. No.: 203 5 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 sa3�-1s VERIFICATI(}N The undersigned hereby verifies the statements af fact in the fQregoing document are true and conect 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 1$ Pa. C. S. �4904,relating to unsworn falsificati�n to authorities. Dated: � Z'1 ��'�_ ' � '�,� ' Sign� ture Printed Name:,�ij�l�,� � �'�I��i�� Printed Job Ti�1e:�,511`��..�`�� C,��IG�, MU��'��P--j' ManarCare Health Services—Camp Hill EXHIBIT A 5��7-1� Ct3N�E1�tT�F PRO�'4Sl�D GUA:�U Brian l�.$roaks di�i/a i''enns�lvania C's�ardianship Associat�c�n does hereby�c+�rtify �e is wiIlit�g to a�t as p�tmanent�1�n�ry guarciian af�.�person and estate aaf Jos�h A. Nells an alleg�d inca��citated person,if'�ihe�aurt sha�l so app€�%�zt, �t�rther,Brian D. Brooks dlbla Pennsylvania�t�`.ruardi�nship Assvciation h�erel�y c�r�if�es�e is nc�t a�duciary t�f�uy estate in which Jossph A:.I�tel[�as arn interes�nc�r d�es he lia.ve any c�th�r interest currently aciverse Jcaseph A,IwIe11's persoaa.crr estate. .� I3aied; ��lf.� ,�� ,,°''�'�, Signa Print: Tztl�: Brian I}. BroQks t11b/a Pennsylv�anis. C�uardaar�hip Asse�cia�ic�n