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HomeMy WebLinkAbout07-13-15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION P , �a m ;:0 C-- rn b. r- cn a rn w r7r IN RE: BARBARA A. TREON, ; -' An Alleged Incapacitated Person No. cCi7 PETITION UNDER 45511 OF THE PROBATE, ' ESTATES AND FIDUCIARIES CODE TO ADJUDGE BARBARA A. TREON TO BE TOTALLY INCAPACITATED AND TO APPOINT A GUARDIAN FOR HER ESTATE AND HER PERSON TO THE HONORABLE JUDGES OF SAID COURT: HCR ManorCare Camp Hill ("Petitioner")respectfully represents that: 1. Petitioner is a skilled nursing facility wherein resides Barbara A. Treon("Ms. Treon"), an alleged incapacitated person. 2. Ms. Treon was born on August 6, 1933 and is currently 81 years of age. 3. Ms. Treon resides in a skilled nursing facility in Cumberland County, whose \ address is: MCHS Camp Hill 1700 Market Street Camp Hill, PA 17011 4. Because Ms. Treon resides in Cumberland County, this Court has jurisdiction pursuant to § 711 (10) of the Probate, Estates and Fiduciary Code and § 5512(a). 5. Petitioner is without knowledge of any living relatives of Ms. Treon. 6. To Petitioner's knowledge, Ms. Treon was married to Robert Treon; however, Robert Treon passed away on May 8, 2015. 41'1 V, 7. To Petitioner's knowledge, Ms. Treon owns the following assets: Asset Value a. 608 2nd Street,New Cumberland, PA 17070 $100,674 b. Sovereign Bank Account Unknown 8. Petitioner is without knowledge of the sources and amounts of Ms. Treon's monthly income. 9. Petitioner is without knowledge of whether Ms. Treon was a member of the Armed Services of the United States and whether she is entitled to receive any benefits from the United States Veterans' Administration. 10. To Petitioner's knowledge, Ms. Treon does not have a Durable General Power of Attorney appointing an agent for financial matters. 11. To Petitioner's knowledge,Ms. Treon does not have a Durable Healthcare Power of Attorney appointing an agent for health care matters. 12. Ms. Treon's treating physician is: Dr. Eric Binder, M.D. 890 Poplar Church Road, Suite 508 Camp Hill, PA 17011 13. Dr. Binder diagnosed Ms. Treon 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 who is willing or able to act on Ms. Treon's behalf, and due to the onset of Ms. Treon's dementia, there may be no less restrictive alternatives to the appointment of a guardian of Ms. Treon's estate and person. 15. Because of Ms. Treon'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 I assistance in these areas. 16. Because of Ms. Treon's dementia, she lacks the capacity to make or communicate j any responsible decisions concerning her person, she is unable to attend to her personal hygiene and keep herself properly nourished and hydrated and is unable to communicate to others her need for assistance in these areas. 17. Because of the severity of Ms. Treon's dementia,the assistance of other persons or services would not enable Ms. Treon to participate in the making of any decisions concerning her estate or person. 18. The severity of Ms. Treon's condition 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 her cash, checks in any bank or savings account held in her name,her stocks and bonds,her personal . property,her real estate,her 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. 1 19. The severity of Ms. Treon's dementia mandates that a plenary guardian of her person be appointed to handle all issues relating to the person of Ms. Treon, specifically including but not limited to: her living arrangements,her 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 estate and person of Ms. Treon is: Brian D. Brooks d/b/a Pennsylvania Guardianship Association P.O. Box 7295 Lancaster, PA 17604 (717) 299-4568 21. The proposed guardian, Brian D. Brooks d/b/a Pennsylvania Guardianship Association, does not have any adverse interests to the estate or person of Ms. Treon, and an acceptance to serve as guardian of the estate and person is attached hereto as Exhibit A. 22. Brian D. Brooks d/b/a Pennsylvania Guardianship Association has been suggested as guardian of the estate and person of Ms. Treon because he has extensive experience in handling such matters. 23. To Petitioner's knowledge, no other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Ms. Treon, nor has a guardian previously been appointed for her. WHEREFORE,Petitioner prays that a Citation be issued directed to Barbara A. Treon to show cause why she should not be judged a totally incapacitated person and Brian D. Brooks d/b/a Pennsylvania Guardianship Association be appointed permanent plenary guardian of her estate and person, with notice by personal service to Barbara A. Treon. Respectfully Submitted, Date: By: B a ley Tritsch, Esquire Att I.D. No.: 319973 Benjamin J. Glatfelter, Esquire Attorney I.D. No.: 203935 KENNEDY,PC LAw OFFICES P.O. Box 5100 ` Harrisburg, PA 17110-0100 (717) 233-7100 Attorneys for HCR ManorCare Camp Hill 31000-15 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: (IP -23 Signature Printed Name: � . � Printed Job Title: &'rU 1 Ct '`rexfoc HCR ManorCare Camp Hill EXMIT A 31:000''=15 fONSEN.T OF PROPOSED GUARDIAN Brian D:Btooks d/b/a Pennsylvaf is;Guardianship,Assoc'ahon does 1�ereby certify he is willing to act as permanent plenary. .gua""rdian;of.the estate and person of$arbara A:. Treon;an.alleged.incapacitated Person, if'the COurt.ShAlI so appoint: Further,,`Briai 'D.Brooks,dlli/a Pennsyl�an a Guardiarish p Association;hereby cerfffies.he is not a fiduciary .;of any estate in:wh ch; 1 r,bara A Treon;ha. an interest=nor does he, lave,any other;interest. currently,,,'adverse B.arbara;A Treon's estate or_person: S�gnatu Print: Title: Brian D.B`rooks,:d/b/a;Pennsylvania Guardianship Association