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HomeMy WebLinkAbout02-25-15 ry d CS `l n ODT— r1J C'S S F- ! crl 7 co t f r l (1) C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION O.C. NO. 2-1- 15 -021 -2- ESTATE -x- /5 -0212ESTATE OF MARGARET L. WILKEMEYER, AN ALLEGED INCAPACITATED PERSON PETITION UNDER§5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE MARGARET L. WILKEMEYER TO BE TOTALLY INCAPACITATED AND TO APPOINT A GUARDIAN FOR HER ESTATE AND HER PERSON TO THE HONORABLE JUDGES OF SAID COURT: ManorCare Health Services—Carlisle ("Petitioner")respectfully represents that: 1. Petitioner is a skilled nursing facility wherein resides Margaret L. Wilkemeyer ("Ms. Wilkemeyer"), an alleged incapacitated person. 2. Ms. Wilkemeyer was born on February 23, 1935 and is currently 80 years of age. 3. Ms. Wilkemeyer resides in a private nursing facility in Cumberland County, whose address is: ManorCare Health Services—Carlisle 940 Walnut Bottom Road Carlisle, PA 17015 4. Because Ms. Wilkemeyer 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, Ms. Wilkemeyer has the following living relatives: Name: Address: Relationship: Karen Lyons 213 Glenwood Drive Daughter Dillsburg, PA 17019 Patricia Putney 1117 Cocklin Street Daughter Mechanicsburg, PA 17055 6. Ms. Wilkemeyer may own an interest in real property located at 1117 Cocklin Street, Mechanicsburg, Pennsylvania 17055. 7. According to paperwork completed on Ms. Wilkemeyer's behalf at the time of her admission to ManorCare Health Services—Carlisle in February 2014, Ms. Wilkemeyer's assets include two accounts at M&T Bank with balances of approximately$52,000.00 and $25,000.00. 8. To Petitioner's knowledge, Ms. Wilkemeyer receives total monthly income of approximately $1,900.00 from the Social Security Administration and from a pension; however, Petitioner is without knowledge of the respective amounts of each income source. 9. To Petitioner's knowledge, Ms. Wilkemeyer 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. Petitioner was informed Ms. Wilkemeyer appointed her daughter, Patricia Putney, to act on her behalf as her agent under power of attorney; however, Petitioner has not received a copy of the power of attorney document. 11. To Petitioner's knowledge, a guardian has not previously been appointed for Ms. Wilkemeyer. 12. Ms. Wilkemeyer's treating physician is: Dr. Darryl Guistwite, D.O. 56 Ashton Street Carlisle, PA 17015 (717) 609-2052 13. Dr. Guistwite diagnosed Ms. Wilkemeyer as suffering from dementia, a condition which causes incapacity and requires that she receive 24-hour-a-day care. 14. Because of the lack of a representative willing and/or able to act on Ms. Wilkemeyer's behalf, and due to the onset of Ms. Wilkemeyer's dementia, there may be no less restrictive alternatives to the appointment of a Guardian of the estate and person of Ms. Wilkemeyer. 15. Because of Ms. Wilkemeyer's dementia, she is totally unable to manage or even appreciate the significance of her financial affairs,property and business and to make and communicate any decisions relating thereto, including the ability to communicate her need for assistance in these areas. 16. Because of Ms. Wilkemeyer's dementia, she lacks the capacity to make or communicate any responsible decisions concerning her person and is unable to attend to her personal hygiene or to keep herself properly nourished and hydrated or communicate to others her need for assistance in these areas. 17. Because of the severity of Ms. Wilkemeyer's dementia,the assistance of other persons or services would not enable Ms. Wilkemeyer to participate in the making of any decisions concerning her estate or person. 18. The severity of Ms. Wilkemeyer's dementia requires that a plenary guardian be appointed to manage her estate. Said guardian should be appointed to manage and handle all aspects of her estate, specifically including, but not limited to: all issues relating to cash, checks in any bank or savings account, stocks and bonds, personal property, real estate, life and other insurance of which she is a beneficiary, her entitlement to any government or non-government benefit plans, federal, state, local taxes, trust accounts of which she is the beneficiary, claims made or to be made on her behalf or against her,the execution of documents, the entry into contracts affecting her and the payment of reasonable compensation or costs to provide services for her. 19. The severity of Ms. Wilkemeyer's dementia mandates that a plenary guardian of her person be appointed to handle all issues relating to the person of Ms. Wilkemeyer, specifically including but not limited to: her living arrangements, medical and psychiatric care, the administration of medication to her and the employment and discharge of physicians, psychiatrists, dentists, nurses,therapists, and other professionals for her physical and mental treatment and care. 20. The proposed guardian of the person and estate of Ms. Wilkemeyer is: Good News Consulting, Inc. 140 Roosevelt Avenue York, PA 17401 (717) 843-1504 21. The proposed guardian, Good News Consulting, Inc., does not have any adverse interests to the person or estate of Ms. Wilkemeyer, and an acceptance to serve as guardian of the person and estate is attached hereto as Exhibit A. 22. Good News Consulting, Inc. has been suggested as guardian of the person and estate of Ms. Wilkemeyer because they have extensive experience in handling such matters. 23. Petitioner is without knowledge of whether Ms. Wilkemeyer executed an advance directive for healthcare decisions. 24. To Petitioner's knowledge, no other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Ms. Wilkemeyer. WHEREFORE, Petitioner prays that a Citation be issued directed to Margaret L. Wilkemeyer to show cause why she should not be judged a totally incapacitated person and Good News Consulting, Inc. be appointed permanent plenary guardian of her person and her estate, with notice by personal service to Margaret L. Wilkemeyer. II Respectfully Submitted, Date: By: ---Benj*a in J latfelter, quire e D.No.: 203 35 KENNEDY,PC LAW OFFICES P.O. Box 5100 Harrisburg, PA 17110-0100 (717) 233-7100 Attorneys for ManorCare Health Services—Carlisle 5434-15 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 unsworn falsification to authorities. Dated: (Sig�nure Printed Name:�l4�`j Printed Job Title: ,BPN,Vss ManorCare Health Services—Carlisle EXHIBIT A 5434-15 CONSENT OF PROPOSED GUARDIAN Good News Consulting, Inc. does hereby certify they are willing to act as permanent plenary guardian of the person and estate of Margaret E.Wilkemeyer,an alleged incapacitated person,if the Court shall so appoint. Further, Good News Consulting, Inc.hereby certifies they are not a fiduciary of any estate in which Margaret E. Wilkemeyer has an interest nor do they have any other interests currently adverse to Margaret E. Wilkerneyer's person or estate. r2jlDated: Signature Printed Name: #e S-S Printed Job Title: prey'-d&'41 �O Good News Consulting,Inc.