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HomeMy WebLinkAbout08-27-15 ��J � C-� l--�'� . � ^w. Q C.f-1 '`� ('7'1 � .0 ..?'1 �'1") C� Pp, q r'' �-' <, � ``:? c::� Jennifer B. Hi Es uire , �., ._ - _ :�; 1 West Main Street ' "A , - r" � ., Shiremanstown, PA 17011 � = . ``�' (717) 737-8761 � ._ ��; Attorney ID No. 86556 � ' �.,., :' �:� Assistant Cumberland County Solicitar , -��� o `��- � Far Cumberland County Aging and Community Services c.�z� `" -�-�-; IN RE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA MARCELLA GOUSE, : An alleged Incapacitated Person : ORPHANS' COURT DIVISION : N0. 21-15-192 PETITION FOR APPOINTMENT OF PLENARY GUARDIAN OF THE PERSON AND ESTATE IN ACCORDANCE WITH 20 Pa C S A § SS ll Petitioner Cumberland County Aging and Community Services, by its attorney, Cumberland County Assistant Solicitor Jennifer B. Hipp, submits this Petition and in support thereof states the following: 1. Petitioner is Cumberland County Aging and Community Services, having an office located at 1100 Claremont Road, Carlisle, Pennsylvania. 2. The alleged incapacitated person is Marcella Gouse, who is widowed, age 87, and resided at 808 Upland Street, Mechanicsburg, Lower Allen Township, Pennsylvania 17055 until February 19, 2015 when her home was condemned by Lower Allen Township. 3. On March 2, 2015, she became a resident of the Episcopal Home, 206 E. Burd Street, Shippensburg, Pennsylvania. 1 4. Petitioner filed an Emergency Petition for Appointment of Plenary Guardians of the Person and Estate in accordance with 20 Pa.C.S.A. § 5513, which was granted by this Honorable Court on March 13, 2015, appointing Petitioner as the temporary plenary guardian of the person and estate of Mrs. Gouse. 5. Petitioner's appointment as the temporary plenary guardian of the person and estate of Mrs. Gouse will expire on September 13, 2015. 6. Based upon Petitioner's observations of Mrs. Gouse since its appointment as her plenary guardian, Petitioner believes, and therefor avers, that Mrs. Gouse continues to require a plenary guardian. 7. Petitioner arranged for a neuropsychological evaluation of Mrs. Gouse that was conducted on February 27, 2015 by Dr. Christopher Royer. 8. As a result of the neuropsychological evaluation conducted by Dr. Royer, Dr. Royer concluded that: a. Marcella Gouse has poor memory, insight and impaired judgment; b. Mrs. Gouse is unaware of her circumstances, cognitive deficits and safety risks; c. Mrs. Gouse is diagnosed with psychotic disorder due to another medical condition, with delusion as the predominant symptom and hoarding disorder; d. Mrs. Gouse is not capable of making decisions in her own best interest as defined in Pennsylvania Statute; and e. Mrs. Gouse requires a guardian to manage her personal, financial and medical decisions, as well as supervision akin to that available in a supportive living environment or assisted living environment. See Exhibit "A," February 27, 2015 Capacity Evaluation completed by Christopher Royer, Psy.D, Clinical Neuropsychologist, and Licensed Psychologist. 2 9. Mrs. Gouse is scheduled to meet with Dr. Royer in late August, 2015 for a re- evaluation of her neuropsychological condition. 10. Petitioner believes, and therefor avers, that Mrs. Gouse's psychological condition persists such that she continues to require a plenary guardian. 11. Based upon the findings of Dr. Royer, the alleged incapacitated person lacks capacity and is in need of a plenary guardian. 12. Petitioner has no interest that is adverse to that of Marcella Gouse. 13. Petitioner avers that Marcella Gouse is incapacitated as defined in Chapter 55 of the Probate, Estates and Fiduciaries Code. 14. Mrs. Gouse's income is $848.00 from Social Security and $381.00 from a pension, for a total of$1,229.00 per month. 15. Petitioner's appointment as the plenary guardian of the person and estate of Marcella Gouse will expire on September 13, 2015, after which date Petitioner believes that Mrs. Gouse will not have a guardian. 16. Other than Petitioner's Emergency Petition for Appointment of Plenary Guardians of the Person and Estate, Petitioner believes that no previous application has been made to any court to declare Mrs. Gouse incapacitated and that no other court has assumed jurisdiction in any proceeding to determine the incapacity of Mrs. Gouse. 17. Petitioner is not aware that Mrs. Gouse has ever executed a power of attorney or in any other way designated anyone to serve as her agent with respect to any matter pertaining to her. 18. The name and address of Marcella Gouse's known relative is as follows: 3 a. One adult son: Floyd Gouse, Jr., 3223 Louisa Lane, Mechanicsburg, PA 17050. WHEREFORE, Petitioner Cumberland County Aging and Community Services respectfully requests that this Honorable Court issue an Order appointing Petitioner as the permanent plenary emergency guardian of the person and estate of Marcella Gouse to serve without bond and to receive compensation for its services as plenary guardian in the amount of $100 per month or ten percent (10%) of Marcella Gouse's gross monthly income, whichever is less. Date: August 0�� 2015 4 `�1 Jenni e B. ipp, Esquire 1 West ain Street Shiremanstown, PA 17011 Cumberland County Assistant Solicitor For Cumberland County Aging and Community Services 4 VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. . . 1`�')� �c.��1,c;�� Priscilla Whitman, Cumberland County Aging and Date: August e�(a , 2015 Community Services 5 CERTIFICATE OF SERVICE I, Jennifer B. Hipp, Esquire, hereby certify that I am this day serving the foregoing Petition for Appointment of Plenary Guardian of Marcella Gouse upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Shiremanstown, Pennsylvania, addressed as follows: Robert P. Kline, Esquire Attorney for Marcella Gouse 714 Bridge Street New Cumberland, PA 17070 Floyd Gouse, Jr. 3223 Louisa Lane Mechanicsburg, PA 17050 Episcopal Home Attn: Mary Grace Shearer 206 E. Burd Street Shippensburg, PA 17257 Date: August D�� 2015 �, �-,-� , Jennifer . ipp, squire 1 West Main Street Shiremanstown, PA 17011 Cumberland County Assistant Solicitor Far Cumberland County Aging and Community Services 6