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HomeMy WebLinkAbout10-10-06 (2) IN THE MATTER OF THE PERSON AND ESTATE OF: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA RAYMOND B. CUMMINGS, AN ALLEGED INCAP ACIT ATED PERSON ORPHANS' COURT DIVISION NO.21-06- lqD PETITION FOR THE APPOINTMENT OF EMERGENCY PLENARY GUARDIANS OF THE PERSON AND ESTATE IN ACCORDANCE WITH 20 P.S. &5513 AND FOR PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. &5511 AND NOW COMES THE PETITIONER, the Area Agency on Aging, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony 1. DeLuca, Esquire, 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 Raymond B. Cummings, age 69, who currently is hospitalized at the Carlisle Regional Medical Center in Carlisle, Cumberland County, Pennsylvania. The alleged incapacitated person also has an apartment located at 122 South West Street, Carlisle, Cumberland County, Pennsylvania. 3. The only known relatives of the alleged incapacitated person are: A. Scott Ross Call- Son 1049 Labrador Loop Manassas, VA. 20112 o :~-=.o '. "''1 , \J TC"') ,:~ ,--- '-'f ':T.J B. Robert Lang Call- Brother 770 Sherman Avenue Waynesburg,PA.15370 ......., . ")/; .-~) ~=1 =:J 0--1 :.:.:.> "-J = = c--. o (""') -f ~ c:> .&:'"" TJ i-Ij C-) c:) (--, It 1 l:::J o "1 _~_. ~Tl (~-) __ rn c:> -0 :x 4. Raymond B. Cummings, has, for at least three (3) months, been incapable of managing and caring for himself and his financial affairs. 5. Raymond B. Cumming's exhibits symptoms of mental incapacity, including but not limited to dementia Alzheimer's type. 6. Raymond B. Cumming's mental incapacity prevents him from managing and caring for the affairs of him person and estate. 8. Subsequent investigation reflected that Mr. Cummings while at the Veterans Administration Hospital was offered an opportunity to live in a personal care boarding home but that placement was refused by him: A. That he was hospitalized at Holy Spirit Hospital in Camp Hill, Pennsylvania around the end of October or early November, 2005 for pain in his gall bladder; B. During that hospitalization he was incontinent of bowel and bladder, had a forty-three (43) pound weight loss over a six (6) month period, has a history of alcohol abuse and was defecating and disrobing inappropriately 9. RaYmond D. Cummings was admitted to a skilled nursing facility, Claremont Nursing and Rehab Center, in Carlisle in December, 2005 and resided there until April, 2006 when he was discharged to a personal care home due to his medical condition improving. 10. RaYmond B.. Cummings resided at the personal care home in Mechanicsburg, between April and August, 2006. 11. Sometime in August, 2006, Mr. Cummings moved to a third floor apartment at 122 South West Street in Carlisle, Pennsylvania and, reportedly, was able to function until he was hospitalized at the beginning of September, 2006. 12. Upon his discharge from the hospital in September, 2006, his condition declined rapidly until his present hospital. 13. Mr. Cummings resided in his apartment without electric, had food in his refrigerator that was spoiled and he had clothing in each room with dried fecal matter on them. 14. Petitioner has been informed by Carlisle Regional Medical Center that they no longer have a basis for keeping him at the hospital and must discharge him. 15. Petitioner believes and, therefore, avers that Raymond B. Cummings will be at risk of death or irreparable harm ifhe is discharged from the Carlisle Regional Medical Center without the appointment of Emergency Plenary Guardian of his Person and Estate. 16. Petitioner requests that it be appointed Emergency Plenary Guardian of the Person and Estate of Raymond B. Cummings. 17. The proposed Guardian has no interest which is adverse to the interest of Raymond B. Cummings. 18. Petitioner believes and, therefore, avers that Raymond B. Cummings does not already have a Guardian. 19. Petitioner asserts that Raymond B. Cummings is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 20. Because of his impaired mental condition, Raymond B. Cummings lacks the capacity to provide for his own personal care and maintenance. 21. Petitioner believes and, therefore, avers that Raymond B. Cummings only known source of income is from social security which totals approximately $1,000.00 a month. 22. Because of his impaired mental condition, Raymond B. Cummings is unable to manage his financial affairs, property and business and to make and communicate responsible decisions relating thereto. 23. A power of attorney would be a less restrictive alternative than Guardianship but none exists to the knowledge of the Petitioner. 24. No member of Raymond B. Cummings's family is in a position to assume responsibility as Guardian of his Person and Estate. 25. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. 26. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Raymond B. Cummings. 27. Raymond B. Cummings, if discharged from Carlisle Regional Medical Center without a Guardian of his Person and Estate, would be unable to function on his own and Petitioner believes and, therefore, avers that Raymond B. Cummings would be at imminent risk of serious bodily harm because he has no place to live, due to back rent that is owed, and is not capable of caring for himself. 28. The failure to appoint Petitioner as Emergency Plenary Guardian of the Person and Estate of Raymond B. Cummings and later as Permanent Plenary Guardians of his Person and Estate would result in irreparable harm to the person and estate of Raymond B. Cummings. 29. To eliminate the imminent risk of harm to Raymond B. Cummings, Petitioner, if appointed as the proposed Emergency and Permanent Plenary Guardians of his Person and Estate, will seek to place him in a nursing home or other appropriate facility because that is the least restrictive alternative available for him. WHEREFORE, the Petitioner respectfully requests that: 1. The Court.appoint the Area Agency on Aging, in and for Cumberland County, Pennsylvania as Emergency Plenary Guardians of the Person and Estate of Raymond B. Cummings pending a final hearing on this Petition with such Emergency Guardians having full power to place him in a nursing home or other appropriate facility and such other powers and restrictions the Court deems proper; 2. Pursuant to 20 Pa.C.S.A. ~5513, the Court find that the emergency necessitating the filing of this Petition will continue beyond seventy-two (72) hours from the date of any Emergency Order; 3. Pursuant to 20 Pa.C.S.A. ~5513, the Court schedule a final hearing on or within 23 days from the date of any Emergency Order; and 4. The Court appoint the Area Agency on Aging, in and for Cumberland County, Pennsylvania as Permanent Plenary Guardians of the Person and Estate of Raymond B. Cummings. . Respectfully Submitted, Anthony L. D 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Emergency Plenary Guardian of the Person and Estate in accordance with 20 P.S. 95513 and for Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. 95511 of Raymond B. Cummings 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: JD/IO Jf) fn c9JU~1'~OOa ~~ Priscilla Whitman