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HomeMy WebLinkAbout07-05-06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. C"" C- - ~Ct ~ ORPHANS' COURT ESTATE OF T ARYN HENCH PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE TARYN HENCH TO BE INCAPACITATED AND TO APPOINT JEAN BOWS AS GUARDIAN OF HER PERSON AND HER ESTATE ..: .;".. TO THE HONORABLE, THE JUDGES OF SAID COURT: CI The Petition of Holy Spirit Hospital and Jean Bows respectfully represents that: (':) ; 1. Your Petitioner, Jean Bows, resides at 2727 Evergreen Drive, Edgewater, FL 32141. 2. Your Petitioner, Holy Spirit Hospital, is an acute care hospital located at 503 North 21 st Street, Camp Hill, Cumberland County, PA 17011. 3. The alleged incapacitated person is Taryn Hench, a single woman, age 52, who resides at 427 Hogestown Road, Mechanicsburg, Cumberland County, PA. 17055, which is a specialized residence community that provides personal care. 4. Currently, Taryn is committed to Holy Spirit Hospital's extended acute care facility based on a ~ 304 involuntary commitment. Her commitment continues until August 23, 2006. 5. Taryn has a master degree in art, however, she has a history of mental disorders and has been in an out of facilities numerous times. She has been diagnosed with schizophrenia, paranoid type. 6. More recently, Taryn was a patient at the Harrisburg State Hospital from August 2004 to January 2006, until its closure. .~ 7. After she left the Harrisburg State Hospital, she was placed in the personal care residence in Mechanicsburg. 8. She was committed under a 9 302 involuntary commitment to Holy Spirit on May 1, 2006 after she decompensated at the facility in Mechanicsburg. On June 1, 2006 Taryn was admitted to Holy Spirit's extended acute care facility on a 9 304 commitment. 9. Now at Holy Spirit Hospital, Taryn has deteriorated and has refused to eat properly. As a result, she is on boost supplements. However, she has started to lose weight. Taryn refuses to take care of herself and will only get out of bed if prompted by the staff. 10. Taryn's cousin, Jean Bows, has agreed to be appointed guardian of the estate and person of Taryn. She will be available to attend the hearing, but requests that it be scheduled for sometime in July because of job and family commitments in Florida that start in August. 11. Your petitioner, Jean Bows, has taken care of Taryn in the past to include an extended period of time where Taryn lived with Jean in Florida. 12. Taryn did well with her cousin in Florida, but decided to return to Pennsylvania. Jean Bows could not convince Taryn to stay with her and was without legal means to make her stay. 13. Upon Taryn's return to Pennsylvania to live on her own, she quickly decompensated. 14. Taryn's income consists solely of payments from Social Security totaling $997.40 per month. She also had a savings account with Citizen's Bank with a balance of $1,307.50 as of July 2005. The current balance of that account and other assets of the alleged incapacitated person are unknown. 15. Taryn Hench is an incapacitated adult person who needs a court appointed guardian for her person and her estate. 16. It is believed and therefore averred that Taryn Hench does not have a Power of Attorney. It is believed and therefore averred that Taryn Hench does not have a Will. 17. A guardian is necessary to facilitate Taryn Hench's much needed medical care and intervention, and to handle her personal and financial affairs in a responsible fashion. 18. Your Petitioners believe and therefore aver that Taryn Hench does not have the capacity to care for her affairs of daily living and needs a guardian appointed to handle her person and her property. 19. Your Petitioners believe that less restricted alternatives are not suitable due to Ms. Hench's medical and psychological condition. 20. Your Petitioner, Jean Bows, is willing to accept the appointment of guardian of the property and person of her cousin, Taryn Hench. Attached hereto is an Acceptance by the Proposed Guardian. Jean also is willing to take Taryn back to live with her in Florida, once Taryn's condition is stable. This arrangement would be on a trial basis and dependant on Taryn's willingness to cooperate in fundamental basics of self care. 21. It is believed and therefore averred that no other court has ever assumed jurisdiction in any proceedings to determine the capacity of Taryn Hench except for involuntary commitment proceedings under the Mental Health Procedures Act. WHEREFORE, your Petitioners pray that a Citation be issued to Taryn Hench to show cause why she should not be adjudged to be incapacitated, and your Petitioner, Jean Bows, should be appointed as plenary guardian for the person and estate of Taryn Hench, and that the Court schedule a hearing on this Petition for a date in July, 2006. Date: July 5, 2006 D id W. eLuce Attorney I.D. #41687 Elizabeth D. Snover Attorney I.D. #200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioners, Holy Spirit Hospital B :262698 VERIFICA TION I, Jean Bows, verify that the statements made in the foregoing Petition are true and correct to the best of our knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Dated: ~) Q.0oy 'kJ VERIFICA TION I, Cynthia Howard, social worker for the alleged incapacitated at Holy Spirit Hospital, verify that the statements made in the foregoing Petition are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. r~ '._1/' ' ) tYnthia Howard Dated:~ Al m& IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF T ARYN HENCH PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE TARYN HENCH TO BE INCAPACITATED AND TO APPOINT JEAN BOWS AS GUARDIAN FOR HER PERSON AND HER ESTATE ACCEPTANCE BY PROPOSED GUARDIAN Jean Bows of 2727 Evergreen Drive, Edgewater, FL 32141 hereby agrees to accept the appointment as plenary guardian of the person and estate of Taryn Hench, if she is adjudged to be an incapacitated person by the Cumberland County Orphans' Court. Dated: J~ I :200(p