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Home My WebLink About05-04-05 _,t: \ J;:'. NESTICO, DRUBY & HILDABRAND, LLP Anthony J. Nestico, Esquire t'''' Attorney 1.0. No. 58868 Richard B. Druby, Esquire Attorney 1.0. No. 61904 Canids A. Tunilo, Esquire Attorney 1.0. No. 89891 840 E. Chocolate Avenue Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (facsimile) Attorneys for Petitioner ............................................................................ IN RE: : IN THE COURT OF COMMON PLEAS CARL S. BARKER, II, an alleged : CUMBERLAND COUNTY, PENNSYLVANIA incapacitated person, by his daughter,: BEVERLY A. ROHRBAUGH, : NO. Petitioner : ORPHAN'S COURT DIVISION PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE PERSON IN ACCORDANCE WITH 20 PA. CONS. STAT. ANN. &5511 1. Petitioner, Beverly A. Rohrbaugh, 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 Road, 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, P A 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. 2 6. As a result of an adverse reaction to medication administered to him at the time of his commitment, the alleged incapacitated person is comatose. 7. The alleged incapacitated person requires constant skilled nursing and medical attention so at to prevent harm to himself and those around him. 8. 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, and is unable to perform any mental or physical functions whatsoever including making his own living arrangements and seeking or consenting to needed medical services to keep himself safe and out of harms way. 9. The following alternative to the appointment ofa guardian of the person has been considered: the alleged incapacitated person was presented with a Health Power of Attorney to sign in early April 2005, but this alternative was ineffective because he failed to sign the document due to his mental condition and was subsequently involuntarily committed. ] O. 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 3 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. 11. As the alleged incapacitated person is unable to competently make known or communicate his wishes because of his comatose state, 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 a plenary guardian of his person to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: his living arrangements, his medical and psychiatric care, the administration of medication to him, and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for his physical and mental treatment and care. 12. The proposed guardian of 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 plenary guardian of the person is attached hereto as Exhibit A and incorporated herein. 13. The proposed plenary guardian has no interest adverse to the alleged incapacitated person. 4 14. No other guardian has been appointed for the person of the alleged incapacitated person. 15. 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 award a citation directed to Carl S. Barker, II, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why Carl S. Barker, II, should not be adjudged a fully incapacitated person and Beverly A. Rohrbaugh appointed plenary guardian of his person. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP Dated; 5/ If J 05 By: ~a.:f~ Anthony J. Nestico, Esquire Attorney J.D. No. 58868 Richard B. Druby, Esquire Attorney J.D. No. 61904 Candis A. Tunilo, Esquire Attorney J.D. No. 89891 840 E. Chocolate A venue Hershey, P A 17033 (717) 533-5406 (717) 533-5717 (facsimile) Attorneys for Petitioner 5 05/03/2005 07: 19 FAX 717 458 0047 CRABTREE ROHRBAUGH ~ 002/002 PAGE El2/el2 05/e2/2aa5 17:29 7175335717 VERIFICATION I, BEV'ERL Y A. ROHRBAUGH, verify that the statements made In the foregoing document are true and co~ ~o the best of my knowledge, information and. belief. I undet$tand that false statements herein are made subject to the penalties of 18 Pa, e.s, ti4904 relating to unswom falsification to authorities. Date: 6.30,'-'5 05193/2005 10:48 FAX 717 458 0047 05/33/2B85 1B:38 7175335717 CRABTREE ROHRBAUGH ~ 001/001 Fl~ El.2/El2 IN RE: : IN THE COURT OF COMMON PLEAS CARL S. BARKE-Roll. an alleled : CUMBERLAND COUNTY. PENNSYLVANIA incapacitated person. by his daughter.: BEVERLY A. ROHRBAUGH : NO. Petitioner : ORPHAN'S COURT DIVISION ~QNSENT OF PROPOSED GUARDIAN I. Beverly A. Robrbaugh, hereby consent to ac:t as the PleTltlry Guardian of the per.;on of Carl S. Barker, n. I n:side at 180 Locust Lane., DilIsbUtg. PA 170J9 and am a nurse. I f1ITIl citizen C1fthe United States of America and can speak. read and write the English language. I bave no intere!t adverse to Carl S, Barker. n, the a11elled incapacitated person. CERTIFICATE OF SERVICE I, Christiana E. Appleby, of the law firm ofNestico. Druby & Hildabrand. LLP. hereby certify that on the 4tJ1 day of May. 2005. a copy of the foregoing document. Petition for Adjudication of Incapacity and Appointment of Plenary Guardian. was served on the following by the method noted: Mildred E. Barker 525 Hogestown Rd. Mechanicsburg, P A 17050 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Carl Barker, III 428 Mumper Lane Dillsburg, PAl 7019 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Barbara Anne Murray 10011 W. Prairie Hills Circle Sun City, AZ 85351 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Carol Jean Quave 1405 Apple Dr. Mechanicsburg, P A 17055 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED Bonnie Sue Bell 111 Donegal Springs Rd. Mt. Joy. P A 17552 VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED George J. Costopoulos, Esquire 10 East Louther Street First Floor Carlisle, P A 17013 Attorney for Carl S. Barker, II VIA REGULAR MAIL, POSTAGE PRE-PAID Qhv/J!LO-htA Q. O-ppLehZf Christiana E. Appleby CERTIFICATE OF SERVICE I, Christiana E. Appleby, of the law firm ofNestico, Druby & Hildabrand, LLP, hereby certify that on the Ljth day of May, 2005, a copy of the foregoing document, I caused a copy of Petition for Adjudication of Incapacity and Appointment of Plenary Guardian and Citation to be hand delivered to the following person: Carl S. Barker, II Harrisburg Hospital Front Street Harrisburg, P A 17111 Qh;uDhan~~. Oppeeb Christiana E. Appleby 1