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HomeMy WebLinkAbout94-00244 .. , " " " " , " " , ,. ., " , .. " '1 '. .. ,. . ,i.. , , : . 0.., "-(1 -<Ii 1''- '\,' J" ",. ,I "'! 'j' "t'. : 'I: ,;1' I_ 'I . ... iI' "'.1'1 " , ',' , .. ,,,, " . , . , :.. , , ... IN RE: Cdll\rWIIHJSIIIPOF C LI\RENCE IHJ[)Y , . IN Till' COllin Of {(Ii~~I(1N 1'1 FAS 01 CIJMRERLflND COIINTY, I'EN~ISYLVAN[I\ ~/...'1J/ -;JtI/f. (> ORD.ER OLCOURT AND NOli, tt1tS lltl1 cloy of Murcll. 1~911, Illi~, ma,tter hoving beerl calleel 1'01 011 ClJlCl'gfHlCY orcJol' tl11s (Jote, and. , . bosed lIpon the testimony IlIken tI11!; (Iutn, tl is orelHrBel tllol: , 1. Office of Aging sholl nol lotel' t.I10n MondelY, Marct1 1.II,,199/J, fUn 0 for!IHJl petition l'litll tlwcollr'lsoeklng sllcl1 permanent reliefns It cleems opproprlote. 2, A IHHlrlng 011 t1H1I pnl1tlon .Is scd for 1.:30 P,IO" T1lUrsday, r10rch 17, 1,l)~)I!. In COUI'II'OOIIl No,?, ClIlllhel^lancl County. Courthollse, CnrUsln, Ponllsy]vclllio, , 3, Unless tile plws Ictons 111 cl1ol'gO of tllfl potient' s . " care clefl/I) it opproPl'i\llc.' prior to Tlwrsc!cIY, MClrcl1 17,. 11..15 . orclered tl1at C lorel1r.e Rucly sl1011. not IHl, I'eleosocl from 1.I1CI1. j'acil1ty, II, 1\ CODY of tl1is orclerslHl] 1 t10 fonlCJrcjoel' to Clarence RudY's dOUQI1IHI', COI'01 Potted son, ot 1.705 10lelH'IOrll1 . Dr.1ve, ramp Hl]l ,SI1O IIIC1Y (IPPf!('rli1i"'cCil/n~;['.l qt thH scheduled heortng on Mnl'ell , Antl10ny L, nel.ueel,' ESClul.l-n For Ihe Off.1r.o of 1\9:1119 Cnrol p6tlol'son 1705 l.otcl1worth Drive COIIIP 11111, PA 1.70ll P-Q IQ .-J:O :1 r, .r:,~ ,/01 (I, ., ( , 'ti;; (, ~\.:J .~ OJ :, v,' !--', n .(;'0 ;prs 5. That the proposed Emergenoy Guardian of the person of Clarenoe C. Rudy has no interest adverse to the alleged incapaoitated person. 6. That Clarence C. Rudy has, for at least the last two (2) months, been incapable of managing and caring for himself. 7. That Clarenoe C. Rudy exhibits symptoms of mental inoapaoity, including but not limited to, absent-mindodness, eccentricity and senility. 8. That Clarenoe C. Rudy's mental incapacity prevents him from managing and caring for the affairs of his person and estate. 9. That leSD restriotive alternatives are not available in this matter beoause of his oondition. 10. That investigation by the Petitioner has disolosed that Clarenoe C. Rudy's behavior, while at home, inoluded the outting of eleotric wires, the draining of water out of the furnaoe, burning pots on the stove, emptying waste baskets into tho oloset and allowing an antique dealer to remove some of the oontents from his house. 11. That the Petitioner, through its authorized representative, has observed the following: A. Rambling endlessly in oonversation; B. Believes that he is oapable of rewiring his houso; C. Believes that the year is 1903/ and D. Believes that his house is looated in Harrisburg. 12. That the daughter, Carol Patterson, has obtained a Power of Attorney from her father and is believed to have had him exeoute a Deed oonveying title of the real estate of his residenoe at 1705 Letohworth Drive, Camp lIill, Pennsylvania from him to her while he was a patient at Holy spirit Hospital. 13. Clarenoe C. Rudy has indioated that he did not want his daughter, Carol Patterson, to be the sole owner of the property but rather desired title to be in his and her names. 14. That on Maroh 10, 1994, Carol Patterson argued with her father who is currently a patient at Renova Center for Special Services in Meohaniosburg and stated that: A. She has no feelings for her father/ B. She does not oare about him/ C. She has never had feelings for him/ D. She does not oare if both his legs get out off of if he dies/ E. She only oares that she gets his money and the money from the house/ P'. She plans to empty his bank aooount, oash the Certificate of Deposit, and breakup or smash any belongings that she oan not take/ and G. She has a loaded gun and, if the state comes to her house, they will have to break the door down and she will shoot them. 15. That on March 11, 1994, Carol Patterson, arrived at Renova Center for spacial services in Mechanicsburg and demanded that the authoritiea there release Clarence C. Rudy immediately although she was advised that to do so would be against medical advice. 16. That Petitioner has been advised that Clarence C. Rudy has the following physical conditions I a. Diabetes b. Cellulitis of the right leg c. Hypertension d. Pneumonia; and e. Ambulatory problems 17. That his treating physician, Roger Gustavson, M.D., believes that Clarence c. Rudy is incapacitated and that to release him from the medical care that he is receiving at Renova would be detrimental to his health. 18. That the Petitioner made an Ex Parte oral Emergency Application for Relief to the Court on March 11, 1994 based upon the demand by Carol Patterson that Clarence C. Rudy be released immediately even though it was against medical advice. 19. That the Court issued an Order on Maroh 11, 1994 directing that Clarence c. Rudy shall not be released from Renova prior to Thursday, March 17, 1994, unless the physioians in oharge of his care deem it appropriate. 20. That the gross value of the estate of Clarenoe C. Rudy is not oompletely known at this time but it is believed that he is the owner of his residenoe and that he reoeives oertain retirement benefits, the amounts of whioh are not known. 21. That the Power of Attorney executed by Clarence C. Rudy be revoked. 22. That the Petitioner believes and, therefore, avers that a Plenary Guardian of the estate of Clarence C. Rudy should be appointed. 23. That Clarenoe C. Rudy has never had a Guardian of his person. 24. That no previous application has been made for the Order herein asked for, or for a similar Order. 25. That no other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Clarence C. Rudy. 26. That failure to appoint Petitioner as Plenary Emergency Guardian of the person of Clarence C. Rudy and another party as Plenary Emergenoy Guardian of the Estate of Clarence C. Rudy will result in irreparable harm to the person and estate of Clarence C. Rudy. ,. " WHEREFORE, Petitioner prays that this Honorable Court appoint the Area'Agency on Aqingfor Cumberland County to be the Plenary Emer.qency' Quardian of the person of Clarence C. Rudy and another party as Plenary Emergency Guardian of the Estate of Clarenoe C. Rudy. Respectfully sUbm~tted, (J /J .' '~A~~ Esquire i ,'." AnthonyL. Luca, 113 Front street P.O. BOl( 358 Boiling sprinqs, PA (717)258-6844 17007 " " " I,' " 10 .' .. '1,\' ,. '.j I ,. ,I .' " I ". " .. '. ,P, ,. 1/, ii' .oj , " I'i '. ,- " ,. ,. 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