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Home My WebLink About11-01-06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. Z' - OLP- q{~ ORPHANS' COURT ESTATE OF MARK MOWER PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE ESTATE AND PERSON OF MARK MOWER IN ACCORDANCE WITH 20 PA. CONS. STAT. i5513 TO THE HONORABLE, THE JUDGES OF SAID COURT: r-,.l ~~ G~:~ 0' ::-t;''': -:-n I"-!=, c.~ C'~) ".,~~ :T. , il .~. .i..J co:=; C) ..~'..:: CO) ~:'l"~\ _ - -:-:<:,1 -~--~: C'-) 1") , -- f-,'j 1. Your Petitioner, Holy Spirit Hospital, is an acute care hospital with ~;behavio@; health<:'ci~it providing in-patient short-term and long-term psychiatric services located at 503 North 21st Street, Camp Hill, Cumberland County, Pennsylvania. The Petition of Holy Spirit Hospital respectfully represents that: ., II ""1:) 2. Petitioner has filed a Petition for Appointment of a Plenary Guardian of the Person of Mark Mower with this Court. Attached hereto and made a part hereof is a true and correct copy of the Petition along with the proposed Preliminary Decree. 3. Mark Mower is currently a patient in the long-term care unit at Holy Spirit Hospital's Behavioral Health Center where he has refused consent to recommended medical treatment which his physician believes that he is in risk of life threatening ailments. Attached hereto as Exhibit "A" is a copy of a letter from his treating physician Maria Herrada, D.O., confirming this risk. 4. Mark Mower is currently in need of an emergency guardian of his person. 5. Mark Mower is an incapacitated person and does not understand the nature of his medical condition and the need for diagnostic testing and medical treatment. 6. The appointment of an emergency guardian would allow Mark Mower to receive necessary and appropriate medical treatment to protect his life and benefit his mental health recovery. 7. Peter D. Mower, his brother, is willing to act as emergency guardian of the person of Mark Mower in order to consent to medical, diagnostic and therapeutic treatment until the time this Court has a hearing on the full guardianship pursuant to Section 5511 of the Probate, Estate and Fiduciary Code. WHEREFORE, Petitioner respectfully requests that this Court schedule a hearing within 72 hours pursuant to law and appoint Peter D. Mower as the emergency guardian of the person of Mark Mower, with the emergency guardianship to be in effect with respect to the guardianship of the person of Mark Mower until the time the Court has scheduled a hearing on the full guardianship pursuant to Section 5511 of the Probate, Estate and Fiduciary Code. JOHNSON, DUFFIE, STEWART & WEIDNER Date: November 1, 2006 BY:_~-l~&-- David W. eLuce Attorney I. . No. 41687 Kelly L. Bonanno Attorney I.D. No. 200811 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioner, Holy Spirit Hospital :285931 OCT-31-2006 TUE 01:48 PM p. 001 October 31, 2006 ~HOLY SJ:ffi The Spirit of Caring Dave Deluce, Esq 301 Market Street Lemoyne, Pa 17043 RE: Mark Mower Mr. Mower was admitted on 06/20/06 to the Extended Acute Care Unit on an involuntary conunitment. Since this admission he has decompensated in terms of oral intake, weight, mobility and strength, and more recently, metabolic function. Mr. Mower has been inconsistent regarding his acceptance of treatment recommendations. On 10/25/06 Dr. de Ia Cruz was consulted and in his medical opinion Mr. Mower was "not mentally capable" to make sound decisions for medical conditions. Mr. Mower did consent to IV fluids and other treatments for life-threatening condition~untiItoday. On 10/31/06 he refused his KCL (potassium Chloride). Dietary intake of potassium is usually 40-150 MEqlday bUt because of his reduced oral intake he had. developed hypokalemia and was subsequently prescribed KCL. If Mr. Mower continues with poor oral intake and refusal of supplemental KCL, severe hypokalemia would be expected. Hypokalemia may produce muscle weakness and lead to paralysis, respiratory failure, and renal (kidney) failure. Cardiac effects include life-threatening arrhythmias. With severe hypokalemia requiring IV treatment, cardiac monitoring is usually needed to avoid hyperkalemia and/or cardiac arrest. In my medical opinion Mr. Mower is unable to receive, comprehend, interpret, and articulate risk vs benefits of proposed treatment on a consistent basis which places his health at risk. Hypokalemia may progress rapidly and therefore emergency guardianship is requested. Sincerely, ~ Maria Heuada, D.O. Clinical Dir~tor Extended ~W& ~h}j,tSpirit Health System 503 North 21st Stl-eet · Camp Hill, PA 17011-2288 (717) 763.2100 EXHmIT "A" 10/31/2006 15:30 FAX JDS&W ~011/012 VERIFICA TION I, Frank Mirillo. Clinical Operations Coordinator, Holy Spirit Hospital, verify that the$tatements made in the foregoing Petition are true and correct to the best of my knowledge, informatt>n and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.hS4904 relating to unsworn falsification to authorities. Dated: //- f -tJC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ~\ - ~ cJTD ORPHANS' COURT ESTATE OF MARK MOWER TO THE HONORABLE, THE JUDGES OF SAID COURT: PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES ,....., AND FIDUCIARY CODE TO ADJUDICATE MARK MOWER TO BE IN~PACIT~'j:D ::~J 33 :::::.;:.Q -''}-7 jl"l ,~__j AND TO APPOINT A GUARDIAN FOR HIS PERSON ; :,; ~.::? ':'A S~,S --f-- ,(] -~ ';:"i'~\ ~f~ 0-:: -~-, D CJ ~~~ - J - ,7, c:; C) _: :-"'\ -'"1"1 -ry -r! F) M C~ -1 .~ -.;- ~ w UJ The Petition of Holy Spirit Hospital respectfully represents that: 1. Your Petitioner, Holy Spirit Hospital, is an acute care hospital that includes a Behavioral Health Unit that provides long-term and short-term psychiatric services to in-patients. 2. Peter D. Mower is an adult individual residing at 514 Mark Drive, Elizabethtown, Lebanon County, Pennsylvania 17022. Peter D. Mower is also the brother of the alleged incapacitated person, Mark Mower. 3. The alleged incapacitated person is Mark Mower, a divorced man, age 47, who last resided with his elderly parents in Chambersburg, Pennsylvania. 4. Since June 12, 2006, he has been a patient in the extended care unit at Holy Spirit Hospital's Behavioral Health Center. Prior to said admission, he was admitted to the psychiatric unit at Chambersburg Hospital on May 15, 2006 and discharged to Holy Spirit Hospital's extended care unit on June 12, 2006. Subsequent to his admission to Holy Spirit Hospital, his father, who resided in Chambersburg, Pennsylvania, passed away. His mother, Alice Mower, is 81 years old and lives alone in Chambersburg, Pennsylvania. 5. The known relatives of the alleged incapacitated person are: A. Peter D. Mower, his brother, who resides at 514 Mark Drive, Elizabethtown, Pennsylvania. B. Alice Mower, his mother, who resides at 325 East Queen Street, Chambersburg, Pennsylvania 17201. C. Maria Mower, his daughter, is 20 years of age and is believed to reside in Norfolk, Virginia. D. Michael D. Mower, his brother, who resides at 263 Dill Avenue, Frederick, Maryland 21701. 6. Since his admission to the extended care unit (EAC) at Holy Spirit Hospital's Behavioral Health Center, Mark Mower has been uncooperative, has refused both medical treatment and mental health treatment, and will not take certain prescribed medicines, submit to certain diagnostic testing and at times has refused to communicate with physicians, nurses and staff who have been unable to address his medical and psychiatric needs. 7. Mark Mower has had many admissions to Chambersburg Hospital's psychiatric unit. In addition to his recent admission on May 15, 2006, his last admission prior to that was from April 17, 2006 to April 28, 2006. 8. Mark Mower's current diagnosis is: Axis I: Schizophrenia, chronic paranoid type Axis III: Traumatic brain injury by history, status post self-inflicted abdominal stab wound injuring left lobe of liver, self-reported weakness of upper extremities, particularly the right side, self-reported neck and upper back pain, gate in coordination by history. Axis IV: Chronic mental illness, limited psychosocial support network, no contact with his daughter who is approximately 20 years old. 9. On admission to the EAC unit, Mark Mowers height was 68 ~ inches, 129 pounds, and it was reported that he had lost 71 pounds in the last year due, in part, to his refusal to eat and accept other nourishment. After repeated attempts, the patient has refused any medical diagnostic testing for treatment for his physical problems. 10. Mark Mower is an incapacitated adult person who needs a court appointed guardian for his person. 11. It is believed and therefore averred that Mark Mower does not have a Power of Attorney. His income at this time is undetermined but it is know that he is on Social Security disability and has lived for some time with his elderly parents prior to his recent admissions. 12. A guardian is necessary to facilitate Mark Mower's needed medical care and treatment. 13. Petitioner believes and therefore avers that Mark Mowers does not have the capacity to care for his affairs of daily living and needs a guardian appointed to handle his person. 14. It is believed that no other court has assumed jurisdiction in any proceedings to determine the capacity of Mark Mower, except that the Franklin County Mental Health Hearing Officer entered a Section 304(c) Involuntary Commitment Order for 90 days beginning on June 12, 2006. 15. Peter D. Mower, the alleged incapacitated person's brother, is willing to accept the appointment of guardian of the person of Mark Mower. WHEREFORE, your Petitioner prays that a Citation be issued to Mark Mower to show cause why he should not be adjudged to be incapacitated and a plenary guardian for his person be appointed, and that the Court schedule a hearing on this Petition. JOHNSON, DUFFIE, STEWART & WEIDNER Date: November 1, 2006 By: Davi Attorn I.D. #41687 Kelly L. Bonanno Attorney I.D. #200811 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioner, Holy Spirit Hospital :285927 10/31/2006 15:29 FAX JDS&W ~006/012 VERIFICA TION I, Frank Mirillo, Clinical Operations Coordinator, Holy Spirit Hospital, verify that thelstatements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.SjS4904 relating to unswom falsification to authorities. Dated: II,. ~ -(), PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON OF MARK MOWER IN ACCORDANCE WITH 20 PA. CONS. STAT. ~5513 PRELIMINARY DECREE AND NOW, this -1~ day of November, 2006, upon consideration of the Petition of Holy Spirit Hospital, it is ORDERED AND DECREED that a citation is awarded, directed to Mark Mower, the alleged incapacitated person, to show cause why Peter D. Mower should not be appointed emergency guardian of his person for the purposes set forth in this Petition, with the emergency guardianship to be in effect for a period of time until a full and final guardianship hearing is held on this matter by this Court. Notice of hearing on this Petition is to be given to Mark Mower, the alleged incapacitated person, by counsel for the Petitioner, with hearing on the same to be held on '1'\ !l v.. e~ -.3 , 2006 at } {}.'~ D o'clock f4. .M., in Courtroom' No. -5 ,of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT: ! ~ -- C~.:'.. c.....~, Q ..:r Cry ~ - .....:r._ ,,' 2~~ Crl J.i J I Cj. , " Cj.. C ' o '~ '"l Wt J. LLI .___.1 ~!:. ~ L..t_ -" l.'._ ' , Cle,; C.~I ..'~..~. L 1_ ~ r. ", ~,C ,-~ "\ (- ) (---) 4. ~__ j 0_ a :.J::: '-D =, c:.:.... <'-.l I~ r --- - "-' ..._~ "~-"-"-'~"'-'. '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT OF PENNSYLVANIA ORPHANS'S COURT DIVISION In Re: Mark Mower An alleged incapacitated person No.: 21-06-972 IN RE: APPOINTMENT OF COUNSEL ORDER OF COURT AND NOW, this 1st day of November, 2006, Mark Bayley, Esquire is hereby appointed to represent Mark Mower. By the Court, J. Mark Bayley, Esquire Court-Appointed for Mark Mower David W. Deluce Kelly L. Bonanno Attorney for Petitioner bas 1"-.) (=:> <::::::> cr. Z Q -< =.0 In \..J C) ::c-;] c~ rn o C) 11 -"1:-'1 ("') ,_.. rn '--,') (--) ~Tl -0 ~ w .s:- O ~ IN RE: MARK MOWER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V AN;L6. ORPHANS' COURT DIVISION g 0'"\ An alleged incapacitated person w d"": ..:;:) NO. 21-06-0972 c.-'~ IMPORTANT NOTICE CITATION WITH NOTICE \,) .U J> A petition has been filed with the Court to have you declared an Incapacitated 'Person. If~e Court finds you to be an Incapacitated Person, your rights will be affected, including your right to manage money and property and to make decisions. A copy of the petition which has been filed by Holy Spirit Hospital is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. ~, Cumberland County Courthouse, Carlisle, Pennsylvania, on November 3 , 2006, at 10:30 A.M. to tell the Court why it should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation as to your alleged incapacity. If the Court decides that you are an Incapacitated person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to :::l.:J '" . c) c-::-) :J.J ( "'J '-'fl CJ .~~ I --ri C) ,._. ITI " make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited of full powers to act for you. If the court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money to other property. If the court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney representing you) the court will still hold the hearing in your absence and may appoint the Guardian requested. Date: 11-01-06 By: ~~~ Clerk, Orphans' Court Division , Cumberland County, Carlisle, P A My Commission Expires 1 st Monday, January, 2010