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Home My WebLink About07-31-15 � A a ; o ` � m 0 c, � c - o T. � r �» � o _ . r r ' n � � � o T _:i T 3 Ti � '_ � Je�nifer B. Hipp, Esquire � : o "- m 1 West Main Street _- � �' � Shiremxnstown. PA 17011 (717) 737-8761 AttomeylD No. 86556 Assistant Cumberland County Solicito� For Cumberland County Aging and Commu�ity Services IN RE: : IN THE COUR'C OF COMMON PLEAS OF : CUMBERLAND COUNTY, P�NNSYLVAMA ANN JENKINS, . An alleged incapacitated person : ORPHA:VS' COURT D1V ISION : N0. 21-15-�� y EVIGRGENCY PETI"P10N F012 APPOINTMEN'P OF PLENARY GUARDIANS OF THE PFRSON AND ESTAT� IN ACCORDANCE WITH 20 Pa.C.SA. & SS l3 Petitioner Cumberland County Aging and Communiry Services, b�� its attorncy, Cumberland County Assistant Solicitor Jennifer B. Hipp, submits this Petition and in support thercof states the following: I. Petitioner is Cumberland Counry Aging and Communiry Services, having an office located at I 100 ClazemoN Road, Carliele, Pcnnsylvania. 2. The allcgcd incapacitated person is Ann Jenkins, who is unmarried, agc 73, wilh a last known permanent address of B'Nai B`Ri[h Apartments, 130 S. Third Street, Harrisburg, Dauphin County, Pcnnsylvania 17101. 3. Pctitio�e� believes that Ms. .lenkins lefi the H'Nai B'Rith Apartments because of an inabiliTy to pay hcr rent. 1 � 4. N(s. Jenkins resided in a secured dementia unit at Goldcn LivingCenter- West Shore, 770 Poplar Church Road, Camp IIill, Cumberland County, Pcnnsylvania 17017, from J�ne ]$ 2015 until July 6, 2015. 5, Ms. Jenkins was admitted to Golden LivingCente�—Wcsl Shorc &om Community Gcneral Osteopathic Hospital, 4300I.ondondercy Road, Harrisburg, Dauphin County, Pennsylvania 17109. 6. On 7uly 6, 2015, Ms. Jenkins was removed from Golden Living Centec—West Shore, agains� medical advicc. by her daughter, Natasha Cobb. 7. On or about .Iuly 8, 2015, Ms. Jcnkins was taken, via LMS, to Ihe eme[gcncy room a[ Holy Spirit Hospital 503 N. 21" Street, Camp Flill, Cumberlaod County, Pennsylvania 17011. 8. Pelilioncr bclicvcs that Ms. Jcnki�s stayed wilh her daughtcr, Natasha Cobb,from July 6, 2015 until Ms. Jenkios was takcn to the Hoty Spirit Hospital emergency room on luly 8, 2015. 9, Ms. Jenkins was not accompanied by any family members or friends at the time of hcr admission to the Holy Spirit Ilospital emergency �uom on July 8, 2015. 10. The IIoly Spirit l lospitxl emergency roum slaff dctcrmincd that Ms. lenkins was medieally eleared and ceady foc dischazge on July 8, 2015. I]. Holy Spirit I Iuspital staff and Dauphin County Arca Agcncy on Aging staff made nume�ous, unsucecssfol attempts to reach Ms. .Ienkin's daughter,Natasha Cobb, in orde� for Ms. Cobb ro pick up Ms. Jenkins. 12. Petitionec belicvcs and thercfor avers ihat Holy Spi�it Hospital staff is administering only custodial care to Ms. Jenkins rather than providing medical trcatmcnt. 2 13. On July 23. 2015, Anne Gmlet, RN, Holy Spirit Hospital, advised Priscilla M. Whitmaq Protective Services Investigamr and Guardianship Caseworker, Cumberland CounTy Aging & Communiry Scrvices, that Ms. .lcnkins was becoming increasingty bclligerent and a�xious to leavc the hospital given that thc hospitzl was not the appropriate setting for Ms. Jenkins. 14. Petitioner believes and therefor ave�s that Ms. Jenkins will suffer irreparzblc harni to hcr person through increased anxiery and degradation of mcntal health by remaining at thc hospitat when M5. Jenkins should reside in a nursing home that piovides serviees appcopriate for her required level of ca�e. 1�. Petitioncr bclieves and thcrefore avers that the Holy Spirit Hospital will �ot permit Ms. Jenkins to reside in its facility for much longer given that Ms. Je�ilcins would be most appropriatcly cared for i� a m�rsing facility. 16. Petitioner believes and therefo� avers that Holy Spirit Hospital is charging Ms. Je�kins for his stay and that, as of Iuly 27, 2015, Ms. Jenkins bill is in the amount of$41,443.07 (room catc of$1,712.00 per day exclusive of rocdications). 17. Petitioner believes and the�eCu� avers that Ms. Jenkins' inpatient stay at Holy Spirit Hospital was denicd by her insu�ance mmpany duc to there being no medical necd for Ms. Jenkins to s[ay at the hospitnl. 18. Petitione� belicvcs and [herefore avers that Ms. 7enkins insurance provider will not pay for Ms. Jenkins slay at Holy Spirit Hospital and that the continued aeerual of hospilal charges will result in irrepuable harm to thc estete of Ms. Jenkios. 3 19. Petitioner hes learned that Golden LivingCenter - West Shore,770 Poplar Church Road, Camp Hill, Cumberland Counry, Pennsylvania, will admit Ms. Jenkins lo ils faciliry as soon as the Court appoints plenary guardians for Ms. Senkins. 20. The Golden LivingCenter -West Shore will not admit Ms. .Ienkins unless and until a Icgal guardian has been appointed for hec, with the necessary legal authority to admil Ms. .lenkins to Golden I.ivingCenter-West Shore. 2L Petitioncr bclicves and therefore avers that the Holy Spirit Hospital is utilizi�g resources Cor[he care of Ms. Jenkins when Ms. Jenkins does not require the level of care provided by the Hospi�al. 24. Gregory B. Sullivaq M.D. of Psychiatry, Rehavioral Health Services, Holy Spirit Hospital,evalitated Ms. Jenkins. 25. As a result ofthe psychological evaluation conductcd by llr. Sullivan, Dr. Sullivan concluded the following about A�n Je�lcins: a. She suffers fmm neuxocognitive impairment which most likely repxesents a mixed dementia of moderate severity; and b. She is unable to exemise adequate decisiou-making duc to hcr cog�itive limitations. 26. In addition m thc ��dings madc as a result of the evaluatinn by Dr. Sullivan, Mn Jenkids medical diagnoses indude hypertension, anxiety, depressioq GERD, dementia, cognitivc dcficits, ctuonic low back pain, aortic insufficiency, ischemie heart disease, lefi b�east surgery (cancer) x�d sareoidosis. 27. Based upon Ann Jenkins bcing homeless and without family membcrs or friends ro assist in her care, Ms. Jenkids physical condition and the findings of Dc Sullivaq the alleged 4 iiicapacitated person lacks capacity, is in necd of a guardiari,and the failure to make such an appointment will result in in�eparable harm to the person a�d estatc of Ann Jc`ilcins. 2R. Petitioner has no interest that is adverse to that of Ann Jenkins. 29. Petilioner intends to arrange ro have [he alleged incapacitated person placed in an appropriate nursi�g homq most likely wilh a secured u�it due to her anxiety and xgitation, but is u�able to do so without thc authority as a legally appointed guaidian. 30. Yetitioner bclicves thal Ann Jenkins does uot al�eady have a guardian. 31. Petitioner avers that Ann Jenkins is incapacitated as defined in Chapter 55 of the Probatc.Estatcs and Piduciazies Code. 32. Based upon statement made by Ann Jenkins to Petitioner, Petitioner believes that Ms. Jenkios's incomc is less $1,000.00 per month, although Petitioner has not been able to verify the precise amouot and source(s) of the monrhly income. 33. Petitioner believes that no prcvious application has been made tA any court to declare Ann Jenkins incapacitatcd and no Court has assumed jucisdiction in any procccding to determi�e the incapaciry of Ami Jenkins. 34. Petilioncr is not aware lhat Ann Jenki�s has cver exccuted a powcr of attor�ey or in any other way designuted anyooc to serve as her agent with respect to any matter pertaining to her. 3�. The names a�d addresses of Ann ]enkids known relatives are as follows: n. Onc adult daughter. Nxtasha Cobb, 721 S. Mountain Road, Apt. 308, Dillsburg, PA 17019; b. Sister: Maggie Black, 1612 Naudain Streey Harrisburg PA 17014; and 5 c. Sis-tcr: Pctitioner believcs that Ms. Jenkins has a sistcr who resides at the Spcing Creek Rehabilitation & Heaith Care Center, 1205 S 28�� Strcet, Harrisburg, Dauphin County, Pen�sylvania 1711 l, although Petitioner, despite its best efforts, has been unable to verify the sistec's name or place of residence. 36. Pxiscilla M. Whitman, Protective Services Investigamr and Guardianship Caseworker, Petitionec, has determined that Ms. Jenkids daughtez,Natasha Cobb, woold be inappropriare as Ms. Jenkids Guardian. 37. Ms. Whitman has dctccmined Ihat Maggie Black is unable to provide assistance to Ms. Jcnkins. ;8. Petitioner has determined that Kcystonc Guardianship Services of 34 S. Market Slrcct, Suite B, F.lizabethville, PA 17023, should be appoinled to servc as Ms. Jenkins' emergency plenary- guardian of the person and estate. 39. AI[hough Ann Jenkins' lasl know� perntancnt address was is llauphin Counly, given that Ms. Jenkins is now widiout a permanent residence and is, in essence, residing in Cumbedand County, the Danphin County Area Agency on Aging is unable to serve as Petitio�er in this matte�. W HRRF.PORE, Petitioner Cumberland Counry Aging and CommuniTy Services respectCnlly requests [hat this CourC Q) Issue an Order appoi�ting Kcystooe Guazdianship Services of 34 S. Ma�ket Strect, Suite 1�, Elizabethville, PA 17023, as emexgency plcnary guardian of the person and cstate of Ann Jenkins pe�ding a final hearing on this Petition and such other powe�s and resMetions as [he Court deems proper; 6 (2) Pursuant ro 20 Pa.C.S.A. § 5513, find that the emergency nccessitating thc filing of this Petilion will con[inuc beyo�d sevenry-two (72) hours from the date of any Hmergency Order; (3) Pursuant to 20 Pa.C.S.A. § 5513, schedulc a final hearing on or within iwenty-three (23) days from [he datc of any Emergency Order; aod (4) Appoint Keystone Guardianship Services as the Permanent Plenary Guazdian of the Person and Estate of Ann Jenkins to serve without bond and to recei��e compensatio� fo� its serviees as plenary guardians in the amount of$]00 per month or ten percent Q 0%) of Ann Jenkins` gross monthly income, whichever is less. Datc July �� , 2015 Jennifer . I 'pp, Esq� I West in Strcet Shiremanstown, PA 170L1 Cumberland County Assistant Solicitor Fox Cumberland County Aging arid CommuniTy Services 7 VERIFICATION I verify that the statements made i�the foregoing Petitio� aze tme and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. oa�e: miy�� zois ��i ,�� OQQ m lA1J�"irna�v Priscilla M. Whitman, Protective Services Investigator and Guardianship Caseworker Cumberland CounTy Aging and Community Services 8 CERTIP'ICATE OF SFRVICE I, Je�ni�er R. Hipp, Esquire, hereby certify lhat I am this day serving the foregoing Gmergency Petition for Appointment of Plc�ary Guardian of Ann Jcnkins upon the foLlowing named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Shiremanstowq Pcnnsylvania, addressed as follows: Natasha Cobb 721 S. Mountain Road, Apt. 30R Dillsburg, PA U019 Maggie Black 1612 Naudain Street Hasisburg, PA 17104 � llatc: July�, 2015 77 Jenm c . Hip , squire L Wes Main Street Shiremanstown, PA 1701 ] Cumberla�d County Assistant Solicitor For Cumbcrland County Aging and Community Services 9