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HomeMy WebLinkAbout01-0803 IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF ESTATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA FLORENCE E. BOYER, AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION ~ NO. ~-Of- m PRELIMINARY DECREE AND NOW, this z ~ ~ day of August, 2001, upon consideration of the annexed Petition, it is hereby ORDERED AND DECREED that a Hearing on this matter is set for the 30 ~ day of r1u fd, 2001, at .I: 31) -1-. M. 0' clock in Courtroom No. I at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. ~ r?~ I ~ is appointed to represent the allegedly incapacitated person. BY THE COURT, {l /. IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF ESTATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA FLORENCE E. BOYER, AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION NO. PETITION FOR APPOINTMENT OF EMERGENCY GUARDIANS OF THE PERSON AND ESTATE AND NOW COMES THE PETITIONER, the Area Agency on Aging in and for Cumberland County, Pennsylvania, who represents and avers as follows: 1. The Petitioner is the Area Agency on Aging, in and for Cumberland County, with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Florence E. Boyer, age 84, widow, who resides at1057 J Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania and has resided there for a period exceeding one (1) year prior to the filing of this Petition. 3. The only known relatives of the alleged incapacitated person are: a. L. Wayne Munyon - Son 116 Rutledge Avenue Charleston, South Carolina b. Kelly Vanderpoel - Granddaughter 3 Bluebell Court Santa Fe, New Mexico 87508 c. Ginny Landis - Niece P.O. Box 47 Great Cacapon, West Virginia 25422 4. Florence E. Boyer has, for at least three (3) months, been incapable of managing and caring for herself and her financial affairs. 5. Florence E. Boyer exhibits symptoms of mental incapacity, including but not limited to mood disorders, delusions, thought disorders and phobias. 6. Florence E. Boyer's mental incapacity prevents her from managing and caring for the affairs of her person and estate. 7. On or about July 25,2001, Ms. Boyer was found naked on the floor, unable to get up by herself, by a friend and case manager. 8. At the time she was found on July 25,2001, Ms. Boyer was unable to state how long she had been on the floor nor was she able to say why she was on the floor. 9. The following observations were made of her apartment on July 25, 2001: a. Apartment was hot; b. No windows were opened for fear that her cat would jump through the screens; c. No air conditioning for fear that her cat would freeze; d. Fan was operating in the living room; e. Dishes on the counter had mold; f. Glasses in the cupboard were dirty; g. Food in the refrigerator was spoiled; h. Apartment was dirty and cluttered with papers; 1. Bedroom had odor of urine and wet depends were in the bathtub 10. Florence E. Boyer was taken to the emergency room of Holy Spirit Hospital where an Application for Involuntary Emergency Examination and Treatment - Section 302 of The Mental Health and Procedures Act- was filed and later taken and admitted to Philhaven Hospital in Lebanon County following an Application for Extended Involuntary Emergency Treatment - Section 303 that was filed on July 27, 2001 in The Court of Common Pleas, in and for Lebanon County to No.80146. 11. Florence E. Boyer has been a patient at Philhaven Hospital continuously since her admission. 12. Petitioner has been advised by representatives of Philhaven Hospital that there is no longer a basis for keeping Florence E. Boyer at the facility and that she must be discharged. . 13. Petitioner has been further advised by representatives of Philhaven Hospital that Florence E. Boyer requires twenty- four (24) hour care seven (7) days a week and should not go back to her apartment. 14. Petitioner believes and, therefore, avers that Florence E. Boyer will be at risk of death or irreparable harm if she is discharged without the appointment of Emergency Guardians of her Person and Estate. 15. Less restrictive alternatives are not available because there is no one able to care for her. 16. The son of Florence E. Boyer, who has a Power of Attorney, is estranged from his mother, works outside the country a good part of the year and does not wish to be responsible for caring forher. 17 The Granddaughter and niece appear to be unable to care for Ms. Boyer. 18. Petitioner has no knowledge of the value of the Estate of Florence E. Boyer. 19. Petitioner is willing to accept the appointment of Emergency Guardian of the Person and Estate of Florence E. Boyer. 20. The nature of Petitioner's interest is that of a welfare agency. 21. Petitioner has no interest that is adverse to the alleged incapacitated person. 22. To Petitioner's knowledge, no previous application has been made for the Order herein requested or for a similar Order. 23. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Florence E. Boyer. 24. The failure to appoint Petitioner as Emergency Guardian of the Person and Estate of Florence E. Boyer will result in irreparable harm to the person and estate of Florence E. Boyer. 25. Petitioner further avers that Notice of the presentation of this Petition be dispensed with so that this Petition may be granted as soon as possible due to the emergency that is about to be created by the discharge of Florence E. Boyer from Philhaven Hospital. WHEREFORE, Petitioner prays that this Honorable Court appoint Petitioner as Emergency Guardian ofthe Person and Estate of Florence E. Boyer. Respectfully Submitted, ~~~~ 113 Front Street P.O. Box 358 Boiling Springs, P A 17007 (717) 258-6844 VERIFICA nON I hereby verify that the facts and information set forth in the foregoing Petition for Appointment of Emergency Guardians of the Person and Estate of Florence E. Boyer are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~aglOI c9 JU~~ ullu.tnuvL Priscilla Whitman .-"I ru CJ CJ Return Receipt Fee i (Endorsement Required) , Restricted Delivery Fee ~ (Endorsement Required) $1.50 ...00 .., 15 Postmark Here CJ CJ -II CJ Total Postaga & Fees $ $3.94 09nantm CJ CJ CJ I'- . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: C. Signature D. Is delivery add different from item 1? If YES, enter delivery address below: ,. D Agent D Addressee Dyes DNa x ;: t'P,{; 'I i d,vJ ( S a. 0 ,:to~ '/7 fae~"'f CdCc;>fJo~ (p~#Ar"nv~ ;Zsrr.t~ 3. Service Type wtgertified Mail D Registered _ D Insured Mail D Express Mail D Return Receipt for Merchandise DC.a.D. 4. Restricted Delivery? (Extra Fee) DYes 2. Article Number (Copy from service ~el) """"\ { . 000 0 bC(J OO....L. PS Form 3811, July 1999 ~~s Domestic Return Receipt " 102595.00.M-0952 " " ..".. ANTHONY L. DELUCA AITORNEY AND COUNSELLOR AT LAW 113 FRONT SlREET P.O. BOX 358 BOILING SPRINGS, P A 17007 (717) 258-6844 Fax (717) 258-3902 September 18,2001 Ginny Landis P.O. Box 47 Great Cacapon, West Virginia 25422 Re: In the Matter of the Person and ,Estate of Florence E. Boyer, An Alleged Incapacitated Person No. 21-01-803 Dear Ms. Landis: Please be advised that I represent the Area Agency on Aging, in and for Cumberland County, Pennsylvania. In that capacity, I filed a Petition for Appointment of Emergency Guardians of the Person and Estate of Florence E. Boyer. The Emergency Hearing was held on September 6,2001 before Judge Kevin A Hess in Court Room #4, Cumberland County Court House, Carlisle, Pennsylvania. At that time, the Court issued an Order appointing the Area Agency on Aging, in and for Cumberland County, Pennsylvania Emergency Guardians of the Person and Estate of Florence E. Boyer. This Order was in effect for seventy-two (72) hours. Subsequently, I filed a Petition to Extend the Emergency Guardianship for a period of twenty (20) days, which request was granted. A Hearing to adjudicate whether or not Florence E. Boyer is incapacitated as defined by law and, if so, whether or not Permanent Plenary Guardians of the Person and Estate of Florence E. Boyer should be appointed shall take place before Judge Kevin A Hess at 9:30 AM. on October 10, 2001 in Court Room #4, Cumberland County Court House, Carlisle, Pennsylvania. Very truly yours, - - --~-:-:-: ~~:.~;:'-;~'=--:;~:~-":;'-;":,~---~~~: ;---... ~ .,~-~. '~'c' n~li'~i~~~~~~~ipiReqtiested~t~~:t' '~;_:;:~';-.;..::: '~-'~" ;'-- ;:;~ . :~;-::'Tt::';'7;'~~:-~}-.~:;-';~" -- - ----- - ~_... .':-~ - - ~.;-~ ~- ---- - - -~ , ;."~-"-,.~- PETITIONER'S EXHIBIT I q/I()/~ I ~. " . .....: :--.:.----- -- -. r1 IT" ru JTl U1 , U1 co JTl Certified Fee -;~:, ... 15 P~~k ,ZO .If.,r r1 ru t:I t:I t:I t:I ..J] t:I Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $0.00 ./11128Ot 'sN'~t.76t ~A'~7f/t'p~o'~t~~~(1~f'"i.~~..k.......................... ,ee, P12.h' ~X~NO 1/ ~ ..isiaie, zIP+Fepe.b .h.. ....!/~rm.h.........h....hm... ~w ?/ X t'c (/ $ ~ 5tJ i .1.50 Total Postage & Fees $ 0." t:I t:I t:I l"- " '. ANTHONY L. DELUCA AITORNEY AND COUNSELLOR AT LAW -'113 FRONT STREET P.O. BOX 358 BOlLING SPRINGS, P A 17007 . (717) 258-6844 Fax (717) 258-3902 September 18,2001 Kelly Vanderpoel 3 Bluebell Court Santa Fe, New Mexico 87508 Re: In the Matter of the Person and Estate of Florence E. Boyer, An Alleged Incapacitated Person No. 21-01-803 Dear Ms. Vanderpoel: Please be advised that I represent the Area Agency on Aging, in and for Cumberland County, Pennsylvania. In that capacity, I filed a Petition for Appointment of Emergency Guardians of the Person and Estate of Florence E. Boyer. The Emergency Hearing wa~ held on September 6,2001 before Judge Kevin A. Hess in Court Room #4, Cumberland County Court House, Carlisle, Pennsylvania. At that time, the Court issued an Order appointing the Area Agency on Aging, in and for Cumberland County, Pennsylvania Emergency Guardians ofthe Person anq. Estate of Florence E. Boyer. This Order was in effect for seventy-two (72) hours. Subsequently, I filed a Petition to Extend the Emergency Guardianship for a period of twenty (20) days, which request was granted. A Hearing to adjudicate whether or not Florence E. Boyer is incapacitated as defined by law and, if so, whether or not Permanent Plenary Guardians of the Person and Estate of Florence E. Boyer should be appointed shall take place before Judge Kevin A. Hess at 9:30 A.M. on October 10,2001 in Court Room #4, Cumberland County Court House, Carlisle, Pennsylvania. . This Notice is bein2 furnished to YOU as the next of kin of Florence E. Boyer. If yOU have 'anV'Questions'concemiM""'this"lliifterN 'ii't2'e>voo'''to'''confactBriall P. Ranev. Esquire prior to the Heann2date on October '1 O. 2001. Mr. Raney represents Florence E. Boyer. His()f!i~e is located at 37 East Pomfret Street. Carlisle. Pennsylvania 17013. 'Telepho~e number (717) 245-2851. r r :r <0 nJ rn 'U1 , U1 <0 rn I:!- .--"I nJ CJ CJ f:etu'lliec( (Endc 'Ee r er t ~lE Pest ictH: : (E 1do 'sel' 3- , ::: CJ CJ ..JI CJ rotE I Po'4( gE~ CJ CJ CJ I"- 0007 OS Fostmark Here $1. ~O fO,oo . H,N 89/18I2eOl ) ~-;/ ; ~ I ):Il: eri?Y me;'7) ,I i.i " I 'e/Iv jJ,;:' ~ < iji:~:.::::::::.::::::::::::::::::: .'- 1 /'1 ~.:) . I........ ~ , , ) , ""'.~.-;".""..~:':C i i !If"wlt' x 'dj " '. " . ,- ANTHONY L. DELUCA ATIORNEY AND COUNSELLOR AT LAW '. 113 FRONT STREET P.O. BOX 358 BOILING SPRINGS, P A 17007 (717) 258-6844 Fax (717) 258-3902 September 18,2001 L. Wayne Munyon 116 Rutledge Avenue Charleston, South Carolina 2940 I Re: In the Matter of the Person and Estate of Florence E. Boyer, An Alleged Incapacitated Person No. 21-01-803 Dear Mr. Munyon: Please be advised that I represent the Area Agency on Aging, in and for Cumberland County, Pennsylvania. In that capacity, I filed a Petition for Appointment of Emergency Guardians of the Person and Estate of Florence E. Boyer. The Emergency Hearing was held on September 6,2001 before Judge Kevin A. Hess in Court Room #4, Cumberland County Court House, Carlisle, Pennsylvania. At that time, the Court issued an Order appointing the Area Agency on Aging, in and for Cumberland County, Pennsylvania Emergency Guardians of the Person an4 Estate of Florence E. Boyer. This Order was in effect for seventy-two (72) hours. Subsequently, I filed a Petition to Extend the Emergency Guardianship for a period of twenty (20) days, which request was granted. A Hearing to adjudicate whether or not Florence E. Boyer is incapacitated as defined by law and, if so, whether or not Permanent Plenary Guardians of the Person and Estate of Florence E. Boyer should be appointed shall take place before Judge Kevin A. Hess at 9:30 A.M. on October 10,2001 in Court Room #4, Cumberland County Court House, Carlisle, Pennsylvania. This Notice is beine: furnished to yOU as the next of kin of Florence E. Bover. If yOU haveanVQuestioris concernine: this matter. I ure:e vou to contact Brian P. Ranev.EsCluire"Dfiorto~the'Hearin2: date on October 10.'2001. Mr. Ranev represents Florence E. Bover. His office is located at 37 East Pomfret Street. Carlisle. Pennsvlvania 17013. . Telepho~eDumber (717) 245-2851. ._-"_....~..,.~...- . ----~-..-..,.,.-._"-- :~::~:,'\~j~:~t~~*1{ r Received From: Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fees. U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USEI:' FC\R DOMESTIC AND INTERNATIONAL MAil, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER 6' rAINY 4~rq/( r I~ C ~ poX 1(7 K-r.f>.::J\T Cc;;\ c~ .lhl~ tIJP./fT' 1/1rG',,U~ c:?..r ,>\.~ \)"\- ~? I" PS Form 3817, Mar. 1989 ". " - ... ANTHONY L. DELUCA ATTORNEY AND COUNSELLOR AT LAW 113 FRONT STREET P.O. BOX 358 BOILING SPRINGS, P A 17007 (717) 258-6844 Fax (717) 258-3902 September 18, 2001 Ginny Landis P.O. Box 47 . Great Cacapon, West Virginia 25422 Re: In the Matter of the Person and Es~ate of Florence E. Boyer, An Alleged Incapacitated Person No. 21-01-803 Dear Ms. Landis: Please be advised that I represent the Area Agency on Aging, in and for Cumberland County, Pennsylvania. In that capacity, I filed a Petition for Appointment of Emergency Guardians ofthe Person and Estate of Florence E. Boyer. The Emergency Hearing was held on September 6,2001 before Judge Kevin A. Hess in Court Room #4, Cumberland County Court House, Carlisle, Pennsylvania. At that time, the Court issued an Order appointing the Area Agency on Aging, in and for Cumberland County, Pennsylvania Emergency Guardians of the Person and Estate of Florence E. Boyer. This Order was in effect for seventy-two (72) hours. Subsequently, I filed a Petition to Extend the Emergency Guardianship for a period of twenty (20) days, which request was granted. A Hearing to adjudicate whether or not Florence E. Boyer is incapacitated as defmed by law and, if so, whether or not Permanent Plenary Guardians ofthe Person and Estate of Florence E. Boyer should be appointed shall take place before Judge Kevin A. Hess at 9:30 A.M. on October 10,2001 in Court Room #4, Cumberland County Court House, Carlisle, Pennsylvania. This Notice is bein!! furnished to you as the next of kin of Florence E. Bover. Ifvou have any auestions concerninl! this matter. I ur!!e yOU to contact Brian P. Ranev. Esauire prior tothe Hearin!!date onOctober 10.2001. ' Mr~'Ranev represents Florence E. Bover. His office is lodded at 37 East Pomfret Street. Carlisle. Pennsvlvania 17013. Telephone number (717) 245-2851. Very truly yours, U.S. POSTAL SERVICL-,CERTIFICATE OF MAILING MAY BE USED FOA OOMES IIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER Received From: One piece of ordinary mail addressed to: (rf' !~ Vt<{JA7cl' ~ #" /r)~ I -5 (?(o-P6f>(/ Co u r1;l SA ,A/-.7 ~t;1 /1.Jtf'/f J ~I"'.t 1'C"'6 5'?,Si PS Form 3817, Mar. 1989 " Affix fee here in stamps or meter postage and post mark. Inquire of Postmaster for current fees. c<\ .~v '. P. II ,_. ANTHONY L. DELUCA ATIORNEY AND COUNSELLOR AT LAW '. 113 FRONT STREET P.O. BOX 358 BOILING SPRINGS, P A 17007 . (717) 258-6844 Fax (717) 258-3902 September 18,2001 Kelly Vanderpoel 3 Bluebell Court Santa Fe, New Mexico 87508 Re: In the Matter ofthe Person and Estate of Florence E. Boyer, An Alleged Incapacitated Person No. 21-01-803 Dear Ms. Vanderpoel: Please be advised that I represent the Area Agency on Aging, in and for Cumberland County, Pennsylvania. In that capacity, I filed a Petition for Appointment of Emergency Guardians of the Person and Estate of Florence E. Boyer. The Emergency Hearing was held on September 6,2001 before Judge Kevin A. Hess in Court Room #4, Cumberland County Court House, Carlisle, Pennsylvania. At that time, the Court issued an Order appointing the Area Agency on Aging, in and for Cumberland County, Pennsylvania Emergency Guardians of the Person and Estate of Florence E. Boyer. This Order was in effect for seventy-two (72) hours. Subsequently, I filed a Petition to Extend the Emergency Guardianship for a period of twenty (20) days, which request was granted. A Hearing to adjudicate whether or not Florence E. Boyer is incapacitated as defined by law and, if so, whether or not Permanent Plenary Guardians of the Person and Estate of Florence E. Boyer should be appointed shall take place before Judge Kevin A. Hess at 9:30 A.M. on October 10, 2001 in Court Room #4, Cumberland County Court House, Carlisle, Pennsylvania. This Notice is bein2 furnished to yOU as the next of kin of Florence E. Bover. ; Ifvou have any auestions concernin2 this matter. I ur2e yOU to contact Brian P. _,Raney~'Esquire prior to the Hearin2 date on October 10. 2001. Mr. Ranev represents Florence E. Bover. His office is located at 37 East Pomfret Street. Carlisle. Pennsvlvania 17013. Telephone number (717) 245-2851. Very truly yours, -..- .... '....-.--.-. .-_. ...-.-.....--- ._-----~_._.--~.._~_..- -, - ". 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BOX 358 BOILING SPRINGS, P A 17007 (717) 258-6844 Fax (717) 258-3902 September 18,2001 L. Wayne Munyon 116 Rutledge Avenue Charleston, South Carolina 29401 Re: In the Matter ofthe Person and Estate of Florence E. Boyer, An Alleged Incapacitated Person No. 21-01-803 Dear Mr. Munyon: Please be advised that I represent the Area Agency on Aging, in and for Cumberland County, Pennsylvania. In that capacity, I filed a Petition for Appointment of Emergency Guardians of the Person and Estate of Florence E. Boyer. The Emergency Hearing was held on September 6,2001 before Judge Kevin A Hess in Court Room #4, Cumberland County Court House, Carlisle, Pennsylvania. At that time, the Court issued an Order appointing the Area Agency on Aging, in and for Cumberland County, Pennsylvania Emergency Guardians of the Person and Estate.ofFlorence R Boyer. This Order was in effect for seventy-two (72) hours. Subsequently, I filed a Petition to Extend the Emergency Guardianship for a period of twenty (20) days, which request was granted. A Hearing to adjudicate whether or not Florence E. Boyer is incapacitated as defined by law and, if so, whether or not Permanent Plenary Guardians of the Person and Estate of Florence E. Boyer should be appointed shall take place before Judge Kevin A Hess at 9:30 AM. on October 10, 2001 in Court Room #4, Cumberland County Court House, Carlisle, Pennsylvania. This Notice is bein2 furnished to vou as the next of kin of Florence E. Bover. If vou have anVQllestions concernin2 this matter. I ur2e vou to contact Brian P. Ranev.'EsCluireDnorto the Hearin2 date on October 10. 2001. Mr. Ranev represents Florence E. Bover. His office is located at 37 East Pomfret Street. Carlisle. Pennsvlvania 17013. Telephone number (717) 245-2851. . ~ "..... ".~. ..--+,. ~ +. '.-. -::,:"_-.,;:.;..:_~'':-."~:':~,,,,,:':-'-'..o'-'-::-::' ';_;.:::<,,:,>-:i~.;:.'::;~ :_.~~;~~~lf0:: . :--',.:' .";,-. .,---,-,-_.........,.....:--:-- "'.-'~.,:;,,--:..;.- Florence Boyer Financial Statement Debits Owed \, PNC Bank Credit Card Total Amount $3,814.34 Last Payment Received May 2001 unknown amount Comcast Cable $61.54 July 200 I $61.54 Was a month behind Monthly bill $29.77 Woodlawn Mem. Gardens $1204.36 May 2001 turned over to Collections agency Verizon $168.18 Suspension Turn-off Notice: 8/23/01 Last payment 4/23/01 in the amount of $48.17 Remaining balance was $26.57 Sears Credit Card $2513.35 AT&T $28.25 June 2001 Reader's Digest $26.25 Collection Notice PPL $326.04 June 1,2001 for $56.00 Citfinancial $3,923.50 Refinanced a loan in July 2001. 1 st payment Was due 9/1/01 Rent $870.00 July of 200 1 Eviction is III process TOTAL AMOUNT DUE: $12935.81 PETITIONER'S EXHIBIT 1 q/IC-> I D i Vehicle Repossessed 8/14/01. Last payment was in May 2001. Ms. Boyer paid half of her monthly payment. Monthly payment is $141.31 As of 10/09/01 total amount in checking $4325.15 \. Social Security P A Treasury Pension $624.00 $558.48 $1182.48 total monthly income IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF ESTATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA FLORENCE E. BOYER, AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION NO. 21-01-803 ORDER AND NOW, this ..," day of September, 2001, upon review ofthe Petition for Appointment of Emergency Guardians of the Person and Estate of Florence E. Boyer, and following a Hearing at which testimony was presented that failure to make such appointment would result in irreparable harm to her, and finding that clear and convincing evidence exists that Florence E. Boyer, an alleged incapacitated person, is in need of the appointment of Emergency Guardians of her Person and Estate, it is Ordered and Decreed that the Area Agency on Aging, in and for Cumberland County, Pennsylvania be appointed the Emergency Guardians of the Person and Estate of Florence E. Boyer. ~ This Order shall be in effect for seventy-two (72) hours. BY THE COURT, CC: Brian P. Raney, Esquire 37 E. Pomfret Street Carlisle, Pennsylvania 17013 -/v-;:;J Ki A. Hess, J Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 Area Agency on Aging 16 W. High Street Carlisle, Pennsylvania 17013 IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF ESTATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA FLORENCE E. BOYER, AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION NO. 21-01- 803 ORDER AND NOW, this 1.rr.1 day of September, 2001, upon consideration of the attached Petition, it is hereby ORDERED AND DECREED that: 1. The Appointment of the Area Agency on Aging, in and for Cumberland County, Pennsylvania is extended for a period of twenty (20) days; and 2. A rule is issued upon Florence E. Boyer to show cause why she should not be adjudged an incapacitated person and Permanent Plenary Guardians of her person and estate be appointed. A hearing on this matter shall be held in Courtroom No. '-/ q; .Jo of the Cumberland County Courthouse, on fOA;/;. / () , 2001, at o'c1ockk. M.. At least twenty (20) days notice of the hearing shall be given to the next-to-kin listed in the Petition for Appointment of Emergency Guardians of the Person and Estate of Florence E. Boyer by personal service or by regular and certified mail. BY THE COURT, .;1} J. IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF ESTATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA FLORENCE E. BOYER, AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION NO. 21-01-803 PETITION TO EXTEND EMERGENCY GUARDIANSHIP AND NOW COMES THE PETITIONER, the Area Agency on Aging in and for Cumberland County, Pennsylvania, who represents and avers as follows: 1. The Petitioner is the Area Agency on Aging, in and for Cumberland County, with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Florence E. Boyer, age 84, widow, who resides at1057 J Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania and has resided there for a period exceeding one (1) year prior to the filing of this Petition. 3. On or about August 28,2001, Petitioner filed a Petition for Appointment of Emergency Guardians of the Person and Estate of Florence E. Boyer, an alleged incapacitated person. 4. On September 6, 2001, a Hearing was held on the Petition resulting in an Order being entered wherein the Area Agency on Aging, in and for Cumberland County, Pennsylvania was appointed Emergency Guardians of the Person and Estate of Florence E. Boyer, which Order was in effect for seventy-two (72) hours. 5. The seventy-two (72) hour period has elapsed. 6. Petitioner believes and, therefore, avers that the emergency continues because her condition remains the same. 7. Petitioner believes and, therefore, avers that the Emergency Order dated September 7, 2001, a copy of which is attached hereto, marked as Exhibit "A", and incorporated herein by reference, should be extended for twenty (20) days from the expiration of the initial Emergency Order. 8. Brian P. Raney, Esquire, counsel for Florence E. Boyer, the alleged incapacitated person, does not object to the requested extension. WHEREFORE, Petitioner prays that this Honorable Court: 1. Extend the appointment of the Area Agency on Aging, in and for Cumberland County, Pennsylvania, as Emergency Guardians of the Person and Estate of Florence E. Boyer, an alleged incapacitated person, for twenty (20) days from the expiration of the initial Emergency Order, at which time a full Guardianship Hearing will be held; and 2. Issue a rule upon Florence E. Boyer, the alleged incapacitated person, with notice thereof to be given to her next-of-kin, and to such other persons as this Court may direct, to show cause why she should not be adjudged an incapacitated person and the Area Agency on Aging, in and for Cumberland County, Pennsylvania be appointed Permanent Plenary Guardians of her Person and Estate. Respectfully Submitt~d, L?'7 ~~'~~~ AnthO~Y ~,- ~e -co, Esquire 113 Front Street P.O. Box 358 Boiling Springs, P A 17007 (717) 258-6844 VERIFICA nON I hereby verify that the facts and information set forth in the foregoing Petition to Extend Emergency Guardianship are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated:~. to) aOoI e.Al~~ 1~/10 Priscilla Whitman IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF ESTATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA FLORENCE E. BOYER, AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION NO. 21-01-803 ORDER AND NOW, this ?tL day of September, 2001, upon review of the Petition for Appointment of Emergency Guardians of the Person and Estate of Florence E. Boyer, and following a Hearing at which testimony was presented that failure to make such appointment would result in irreparable harm to her, and fmding that clear and convincing evidence exists that Florence E. Boyer, an alleged incapacitated person, is in need of the appointment of Emergency Guardians of her Person and Estate, it is Ordered and Decreed that the Area Agency on Aging, in and for Cumberland County, Pennsylvania be appointed the Emergency Guardians of the Person and Estate of Florence E. Boyer. This Order shall be in effect for seventy-two (72) hours. BY THE COURT, J~ A.JJo~ Kevin A. Hess, J CC: Brian P. Raney, Esquire 37 E. Pomfret Street Carlisle, Pennsylvania 17013 Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 A. TRUE COpy FROM RECORD In TestImony whereto I hereunto set my hand and the.seal ot said Court at Carlisle. PA This 7 t/.... day ot 2001 Area Agency on Aging 16 W. High Street . Carlisle, Pennsylvania 17013 EXHIBIT IlAIl Clerk of the 0 hans Court Cumberland County IN THE MA TIER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF ESTATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA FLORENCE E. BOYER, AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION NO. 21-01-803 ORDER AND NOW, this /';{' "" day of October, 2001, upon review of the Petition to Extend Emergency Guardianship of the Person and Estate of Florence E. Boyer, and following Hearings at which testimony was presented, the Court finds that clear and convincing evidence exists that Florence E. Boyer is an incapacitated person. It is hereby Ordered and Decreed that the Area Agency on Aging, in and for Cumberland County, Pennsylvania be appointed Permanent Plenary Guardians ofthe Person and Estate of Florence E. Boyer. BY THE COURT, CC: Brian P. Raney, Esquire 37 E. Pomfret Street Carlisle, Pennsylvania 17013 Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 Area Agency on Aging 16 W. High Street Carlisle, Pennsylvania 17013 , \ ( IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF ESTATE OF: : CUMBERLAND COUNTY, PENNSYL V AN1A FLORENCE E. BOYER, AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION NO. 21-01-803 ORDER AND NOW, this lS-lL day of October, 2001, upon review of the Petition to Extend Emergency Guardianship of the Person and Estate of Florence E. Boyer, and following Hearings at which testimony was presented, the Court finds that clear and convincing evidence exists that Florence E. Boyer is an incapacitated person. It is hereby Ordered and Decreed that the Area Agency on Aging, in and for Cumberland County, Pennsylvania be appointed Permanent Plenary Guardians of the Person ~d Estate of Florence E. Boyer. BY THE COURT, }Sl ~A.~~ Kevin A. Hess, J CC: Brian P. Raney, Esquire 37 E. Pomfret Street Carlisle, Pennsylvania 17013 c:" Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 I, .i Area Agency on Aging 16 W. High Street Carlisle, Pennsylvania 17013 A TRUE COpy FtROM ~ECORO In Testimony wherof, I hereunto set mv harrd and the seal of said Court at Cariisl8", PA Thls_ 15~01 <0&-.' 20Ql <;)..rn:h, Clerk 01 the 0 phans Cou" r- "\ Cumberland County CJ AUTHORITY TO PAY COURT APPOINTED COUNSEL NOV 3 0 2001 lP ~ 1. COURT ~ommon 2. VOUCHER - - o District Justice Pleas o Appellate o Other N2 6308 3. FOR (D.J., C.P., APPELLATE) 4. AT (~STA!E) PA 5. BUDGET CODE c'.\J Lf I. 'S 10- j (JI - .251..-/. t// . () f>() 6. IN THE CASE OF F/()rUlC!12- e: t3oye/ 7. CHARGE/OFFENSE (PURDON CITATION) 8. 0 PETTY OFFENSE vs o FELONY 0 MISDEMEANOR 9. PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED 12. CIVIL DOC~NO. I/J O<<ftV! i fy Het1f1 ~ 1 0 Oefendant. Adult Or f~ ~ G<.r~ 2 0 Defendant. Juvenile ~/.- 01 .- 863- 3 0 Appellant 13. CRIMINAL DOCKET NO crne-rr0f 6u..arcLiQJI ~L P 4 0 Appellee 5 0 Habeas Petitioner 6 0 Maleflal Witness 7 0 Parolee Charged With Violation 10. PERSON REPRESENTED (Full Name) 8 0 Probationer Charged With Violation 14. APPEALS DOCKET NO. \=! 0 r (U) {!..fL 9)if Other: ~. Bcr-ye,r //lCO-{J~ M.R.d fif5A- g !Jo101 16. NAME OF ATTORNEY/PAYEE AND Appl Dale MAILING ADDRESS . Ell '()J) P r2..CV1(J~ ftJn. j{~ VI (I If. 1I~s.5 It (!Ei (I) ,-,,4LtJ 0 ~ F 1(: E 5 3 ..~ e;. j)cfm flrRf Sf-. NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE Ceu-/,'''SIR- 1 pp / rD '3 17. TELEPHONE No. 18. SOCIAL SECURITY NO o ICE IN NO ) .J.. '-f 5- - do 'it .s- / ~- I 10;;s.'/ </ CLAIM FOR SERVICES OR EXPENSES 19. SERVICE HOURS DATES AMOUNTS CLAIMED a. Arraignment and/or Plea Multiply rate per hour limes tOlal b. Preliminary Hearing hours to obtain "In Court" com. pensalion. Enler lolal below. c. Motions and Requests C , 71"'''''''/10 f '< .~ q-(A-O 1 Q Ie) "/0 '01 ~ d. Bail Hearings U , "^., (J "..lkA/ a: ~ e. Sentence Hearings r ) a 0 f. Trial ~ g. Revocation Hearings h. Juvenile Hearings i. Appeals Court 1 9A. TOTAL IN COURT COMPo ~ Other (Specify on additional sheetsl 3,5 .$r.' =$ /51. 50 TOTAL HOURS =0 .1- :5PER HOUR 20. a Interviews and conferences 1.0 9- /:J - () I Multiply rate per hour limes lata I b. Obtaining and reviewing records hours. Enter tala I "Out of Court" lA.~ compensation below. Oa: c. Legal research and brief writing ~::::I ::::10 d. Investigative and oll1er work (Specily on additional sheets) 20A. TOTAL OUT OF COURT au COMPo TOTAL HOURS .. /. () X ~5 PER HOUR =0$ 7'5. en 21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM Mileaoe $.25 per mile x a: w J: 21A. TOTAL ITEMIZED EXP. ~ a Rf -$ 22. CERTIFICATION OF ATTORNEY/PAYEE ~NO 23. GRAND TOTAL CLAIMED Has compensation and/or reimburaement for work In this case previOUSly been aPJ)lIed for? DYES =$0<0:2 . s-t "yes, were you paid? DYES D NO If yes, by whom _re you paid? How much? Has the person represented paid any money to you, or to your knowle anyone else, In connection with thrf~ller for 24. DEDU0PRIOR PVMTS. which you were appointed to provide representatlo~ 0 YES NO If yes, give details on add~faJ, e"ts -$ I swear or allirm the truth or correctness L ~ \ I :) U L 25. NET AMOUNT CLAIMED oflhe above statements Slgnatu't of -,"arney/payee Date =$ ~O~..sO 26.^"PI1CNl ('\ . ~. ~ /l(';/~ 27. AMT. APPROVED Fon SllJnature of PAYME.NJ Judge .08te: /7, . f ~ 6 ( =$ 2 t:> Z. .re> Cop~. Mail to Court Administrator at completion of service 'J. ^' . 10\ _ ~~. c~ " <trumbtrlanll <trnuntl1 @ffirt nf Aging & <trnmmunitl1 ~truirt1i HUMAN SERVICES BUILDING 16 West High Street, Carlisle, PA 17013 [717] 240-6110 or 697-0371, Ext. 6110 532-7286, Ext. 6110 Fax: 240-6118 website: www.ccpa.net/ae:ine: e-mail: ae:ine:(QJ.ccpa.net FOR FLORENCE EILEEN BOYER Bruce Barclay Chairman Garrizj"J!~1~;~,;~ Richard L. Rovegno Secre{ary Teny L. Barley Director L (.~l r l' (-' 0 1.:- .;-~. I C' <',. ANNUAL GUARDIANSHIP REPORT c, October 17, 2005 ( . 1.,..1 c ~. Report from Guardian of Person & Estate: Cumberland County Office of Aging Priscilla M. Whitman, Aging Care Manager III L_ . c<: On October 15,2001, Permanent Guardianship of Person and Estate for Florence Eileen Boyer was granted by Judge Kevin A. Hess to the Cumberland County Office of Aging. Prior to this appointment Mrs. Boyer resided at Meadowood Apartments at 1051 Allendale Rd. Mechanicsburg, P A. She was admitted to the Claremont Nursing & Rehabilitation Center on September 6, 2001 after the outcome of an emergency Guardianship hearing. Mrs. Boyer had been diagnosed with senile dementia Alzheimer's type with delusions, hypothyroidism, depression, osteoarthritis, and anemia and gastro esophageal reflux disorder. Her present medications are: Celebrex, Ferrous Sulfate, Synthroid, Prevacid, Effexor and Aspirin. Her nutrition is fair, her weight is stable at 145 pounds and she eats 38 % of her meals. She is on a mechanical soft diet with no dairy products. Mrs. Boyer continues to receive maximum assistance with all her activities of daily living due to her physical and mental disabilities. She is very cooperative with care and has a few favorite nurses' aides. She requires assistance with eating and drinking due to her excessive tremors. Nursing staff provides weekly blood pressure, skin and pain assessment, and is weighed weekly. The doctor makes monthly visits and she had her annual physical on September 20th. Her health is stable and a new doctor's order allows Mrs. Boyer a beer a day. She is quite pleased with this new order. Mrs. Boyer has limited range of motion. Staff provides passive range of motion to both upper and lower extremities. She is non ambulatory and is unable to propel self in her wheelchair. Mrs. Boyer status is comfort measures only if her health becomes terminal. Mrs. Boyer displays confusion but is able to converse appropriately and make her needs known. She is pleasant with other residents and the staff. She has a few favorite nurses' aides and is known not to fully cooperate with other staff at times. Eileen refused to /~ J participate in social activities for over a year. The activities director, nursing staff and the care manager from the Office of Aging all tried to encourage her to participate in activities out of her room. The past couple of months Eileen has gone out to a few different activities. I found her listening to Polka music with other residents during my most recent visit. Staff stated she is getting out more even though she states she does not want to go she always has a good time. Mrs. Boyer enjoys watching TV with her room mate and they have several favorite shows with Golden Girls being number one. She and her room mate are inseparable and enjoy each other's company. Mrs. Boyer is visited every 30-60 days by the care manager. In addition to visiting her, the care manager reviews the medical record and discusses Mrs. Boyer's condition with the nursing staff. The nursing home staff updates the care manager whenever there are concerns or medical problems. It is the request of the Cumberland County Office of Aging that the Agency retains Guardianship of Person and Estate for Frances Eileen Boyer. Claremont Nursing and Rehabilitation Center has demonstrated an adequate quality of care for client by managing her daily needs and continuously monitoring her medical conditions. Therefore, we believe that Mrs. Boyer should continue to reside at Claremont Nursing and Rehabilitation Center.