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HomeMy WebLinkAbout09-18-06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. f.0 Z/-Ol.o-~f3 ORPHANS' COURT ESTATE OF RUTH V. SPATZER PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE RUTH V. SPATZER TO BE INCAPACITATED AND TO APPOINT GUARDIANS FOR HER PERSON AND HER ESTATE TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Healthsouth Rehabilitation Hospital of Mechanicsburg respectfully represents that: 1. Your Petitioner, Healthsouth Rehabilitation Hospital of Mechanicsburg ("Healthsouth") is an acute rehab hospital located at 175 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania. 2. Ruth V. Spatzer is an 87-year old incapacitated female, born on December 14, 1918. She is a widow and has no children. Her current residence address is 32 Highland Drive, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania 17011, where she resided alone. 3. Ruth V. Spatzer was admitted to Holy Spirit Hospital, Camp Hill, Pennsylvania on July 19, 2006 after being taken to the emergency room where she was found to have bruises and severe dehydration. It is believed that the bruises were due to an apparent fall in her home. It is believed that the cause of her fall was a cerebral vascular accident. 4. After the patient was stabilized at Holy Spirit Hospital, she was transferred to Healthsouth for rehabilitation. She has a prior medical history of hypertension, pacemaker placement, breast cancer, hypothyroidism, and macular degeneration. ~ <= c-"'..... /'."'.) (/":) ('il -0 (~ ~ l" .: ~:.~.~':.: ..; .--11 '" ) !'I-i :u > I"" CJ1 co C/.- <'.:) ."j-; 5. At Healthsouth, while Ruth V. Spatzer has been cooperative, she did not appear to understand her treating physician due to some form of cognitive disfunction. 6. During her admission to Healthsouth, her treating physician, Michael Lupinacci, M.D., has provided an opinion that she lacks the capacity to make medical and financial decisions for herself and is in need of a guardian. 7. Ruth V. Spatzer's treating physician has recommended that she be placed in a supervised setting with 24-hour care, and will need assistance in handling her daily affairs of living and cannot be left alone nor return to her home where she resided alone. 8. In order to transfer Ruth V. Spatzer to a 24-hour care facility to meet her needs of daily living, a responsible person must be appointed as her Guardian by the Court to handle her affairs. 9. Ruth V. Spatz~r is an incapacitated adult person who needs a court appointed guardian for her person and her property. 10. It is believed that on or about July 24, 1994, Ruth V. Spatzer executed a Power of Attorney appointing Dauphin Deposit Bank and Trust Company to handle her finances. It is believed that she has never appointed any power of attorney over her person. M & T Bank, the successor to Dauphin Deposit Bank and Trust Company has not administered any of her assets since 2000 when Ruth V. Spatzer closed the power of attorney and transferred her assets to a revocable trust which terminated in May 2004. 11. It is believed that Ruth V. Spatzer's monthly income consists of a small pension and social security and she has no significant assets other than her home at 32 Highland Drive, Camp Hill, Pennsylvania. 12. Your Petitioner or their agent has discovered that Ruth V. Spatzer has three (3) siblings whose names and addresses are believed to be as follows: 1. Dayne Jack Buckhannon, West Virginia 2. Cathleen Poling Buckhannon, West Virginia 3. George F. Jack 1517 Oakwood Avenue, Raleigh, North Carolina 27610 13. Your Petitioner, Healthsouth, is a creditor of Ruth V. Spatzer, and has standing to bring this action. 14. M & T Bank, the successor to Dauphin Deposit Bank and Trust Company, has declined to act as guardian over her person and her property. 15. Healthsouth has contacted the Pennsylvania Guardianship Association, Inc., a Pennsylvania corporation, which routinely provides guardianship services, including to citizens of Cumberland County, and it has agreed to act as guardian over the person and property of Ruth V. Spatzer. 16. The alleged incapacitated person, Ruth V. Spatzer, needs a court appointed guardian in order to transfer the alleged incapacitated person to a twenty-four hour living facility, the least restrictive environment to provide for her needs of daily living and a safe environment. WHEREFORE, your Petitioner prays that a Citation be issued upon Ruth V. Spatzer to show cause why she should not be adjudged to be incapacitated and plenary guardians for her estate and person be appointed, and that the Court schedule a hearing on this Petition. q /,~/o0 I t David eLu Attorney I.D. #41687 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Healthsouth Date: :282843 09/11/2006 14:12 FAX JDS&W ~ 002/002 VERIFICA TION I, Greg Toot, Administrator, of Healthsouth, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand thai false statements herein are made subject to the penalties of 18 Pa.C.S. ~904 relating to unsworn falsificati'n to authorities. Dated: 1/)0~ IN THE COURT OF COMMON PLEAS OF CUEERLAND COUNTY ' NO. ORPHANS' COURT ESTATE OF RUTH V. SPATZER PEnTlON PURSUANT TO SEcnON 5611,OF THE PROBATE, ESTATEIs AND FIDUCIARY CODe TO ADJUDICATE RUTH V. SPATZER TO BE INCAPACITATED AND TO APPOINT GUARDIANS FOR HER PERSON AND HER ESTAlt: ~ANt;~ BY ~ROPOS~ARDIAN- . Petll16yfvania Guardianship Asaociatlon, 1253 Wabank Road, LanClllter, Perl1Sylvania 17603, hereby agrees to accept the appointment of plenary gU.-clian of the person anc:l estate of Ruth V. SP&tzer, if she is adjudged to be an incapacita1ecl person by the Cumberland County Orphans' Court. r: ~~4d: hi Dated: 9;;$~~ . - ! .