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Home My WebLink About94-01081 -= -', ':-- , -;",- ;>~ , \~ " ;;.1~J;{~~:. t',__ ',;,',- :'1:,'" ,> , ~"', :C',>"", j."y, ,..,,-.S t/-vS"r-l.J c IN REI PAUL E. FORINGER I I ADJUDICATION OF I INCAPACITATION I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-94-1081 IN REI PETITION FOR ADJUDICATION OF INCAPACITATION AND FOR APPOINTMENT OF A GUARDIAN ORDER OF COURT AND NOW, this2f]1~day of January, 1995, upon consideration of the attached letter from Diane G. Radcliff, Esq. and the praecipe filed in this matter indicating that the incapacitated person, Paul E. Foringer, is now deceased, the hearing previously scheduled in this matter for March 3, 1995, is CANCELLED. BY THE COURT, I Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 :rc I I ~ I ~Q f t'il :JJ~ I T~ I <lln I ..~ '- . ~ 'D.Q r..;. ~:t CJ. f"I_l ~ to Q " .., -':.. N r1 ,", 0 ....., . " .~. Po " ..-" -- <.:' 9 w =...,,' ~S ~ Wo - 10 ,..". ""~~K,"""'"'",~-.~~''''i"''''p_:'ti:,,;:;,..=._..-._.,~. _"_ DIANm G. I~AlIllI.II"lj' ATTORNEY AT LAW 3440 TRINDLE ROAD CAMP HILL, PtNN,VLYANIA 1701 t TELEPHONE (7171 737.0100 FAX (7171 975-0697 January 24, 1995 The Honorable J. Wesley Oler Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IN RBI PAUL B. FORINBBR ADJUDICATION OF INCAPACITATION 21-94-1081 Dear Judge Oler: As you are aware a hearing was scheduled in the above- referenced matter for March 3, 1995 at 2:00 p.m. at Blue Ridge Haven West. I have recently been contacted by my client and was advised that her father, Paul E. Foringer, the alleged incapacitated person, passed away January 22, 1995. Therefore, please remove this hearing from your calendar. Thank you for your cooperation. Very truly yours, RADC~OU~ ) DGR/rzc cc: Clerk of Orphans' Court Paula Drayer \ .IAN <1 " . , (}9!J" IN REI PAUL E. FORINGER ADJUOICA'rION 01' INCAPACITATION IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPIIANS' COURT DIVISION NO. 21-94-1081 CI'l'ATION WE COMMAND, you that laylng aside all business and excuses whatsoever., you be and appear in your. pr.oper. per.son befor.e the Honor.able Judges of the Common Pleas Cour.t, Or.phans' Court olvlslon at a sesslon of the sald Cour.t ther.e to be held. for the County of Cumber.land to show nause why, J.f any there be, why Paul E.For.lnger should not be adjudJ.cated an Incapacitated per.son and that Paula J.Dr.ayer. be applnted as Guardian of the per.son and Estate of Paul E.For.inger.. The hear.lng to be held on the 3r.d day of Mar.ch, 1995, at 2:00 o'clock P.M. at the Blue Rldge lIaven West, Room 1225, 770 Poplar. Chur.ch Road Camp lIill, pennsylvanla. Notl ce of the U 1l ng of the Petl tlon and Headng aha 11 be glven to Paul F.. For.lnger., the alleged lncapacitated per.son, by per.sonal ser.vlne In annor.dance wlth 20 P.S. 5551 and to hls next of kln who ar.e sul jur.J.s and to the Blue Rldge lIaven West nur.slng facUlty and to stephen J.Davis, M.D. and Susquehanna Inter.nal MedlnJ.ne AssocJ.ates by per.sonal ser.vJne, r.eglster.ed or. ner.tfled maU, r.etur.n r.ecelpt r.equested not less than twenty (20) days pr.lor. to the hearing. Wltness my hand and offlnlal seal of offine at Car.llsle Pennsylvanla this 28th day of Denember., 1994. \1)7o.~ e... ~.UM.l f),..pg S).n~ Mar.y . Lewis' , Clerk of Orphans' Court Cumberland county Carlisle,Pa. '("'. "<l,."., , ' ~~ _. - . '," "':::~~A-'l';-~-:!' 1.-:::~-i::,/.,.'t___~'t...,4"S'~'-;>~"""_' ~. IN RE: PAUL E. FORINGER ADJUDICATION OF INCAPACITATION IN THE COURT OF COI-IMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D?/- 9 t.f ~ l ,,'if I ORPHANS' COURT DIVISION ORDBR OF COURT AND NOW, this 2~, A. day of ,U,. CL_/..,,.J , 19 "'''l , upon consideration of the within Petition, IT IS HEREBY ORDERED AND DECREED that a Citation be issued and directed to Paul E. Foringer to show cause, if any there be, why Paul E. Foringer should not be adjudicated an Incapacitated Person and that . Paula J. Drayer be appointed as Guardian of the Person and Estate of Paul E. Foringer. The hearing to be held on the 1995, at_~:o~ o'clock ~.M. ,Jfld,-day of_~ -' at the Blue Ridge Haven West, Room 1225, 770 Poplar Church Road, Camp Hill, Pennsylvania. Notice of the filing of the petition and Hearing shall be given to Paul E. Foringer, the alleged incapacitated person, by personal service in accordance with 20 P.S. 5551 and to his next of kin who are sui juris and to the Blue Ridge Haven West nursing facility and to Stephen J. Davia, M.D. and Susquehanna Internal Medicine Associates by personal service, registered or certified mail, return receipt requested, not less than twenty (20) days prior to the hearing. BY THE COURT: DIANE G. RADCLIFF A'ITORNEY.AT-LAW 5-4411 TRINnLt ROAD CAMP lULL. PA 17011 ICh9~:J- /(1rur;L(.~1li jJJ 4 .~ r -V u/'-" c7~~. ' IN RE: PAUL E. FORINGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ORPHANS' COURT DIVISION ADJUDICATION OF INCAPACITATION PBTITION FOR ADJUDICATION OF INCAPACITATION AND FOR APPOINTMENT OF A GUARDIAN AND NOW, this ~day of December, 1994, comes the Petitioner, Paula J. Drayer, by her attorney, DIANE G. RADCLIFF, ESQUIRE, and files the above-referenced Petition and represents that: 1. Your petitioner is Paula J. Drayer, an adult individual residing at 110 B Vine Street, shiremanstown, Cumberland County, Pennsylvania, and is the daughter and only child of the alleged incapacitated person, Paul E. Foringer. 2. The incapacitated person is Paul E. Foringer who is 80 years of age, having been born on September 18, 1914, with his home being located at 6000 Williams Drive, Mechanicsburg, Pennsylvania, although he is presently residing at a nursing home facility known as Blue Ridge lIaven West located at 770 poplar Church Road, Camp Hill, Pennsylvania. 3. The said Paul E. Foringer is incapacitated and unable to manage his personal and financial affairs and property due to the following functional limitations and DIANE G. RADCLIFF ATTORNEY,AT,I.AW SUI TRINDl.F. ROAO CAMP 11I1.1., PA 17011 1 ~.............. - ~ , ' '. physical and mental conditions: (a) Congestive heart failure; (b) Prior stroke; (c) Diabetes; (d) Lung cancer resulting in surgical lung removal; (e) emphysema; (f) mental confusion with short term memory loss; (g) suicidal ideation. 4. The said Paul E. Foringer was never a member of the United States Armed Services nor is he receiving any benefit from the united States Veteran's Administrator or its successors. 5. Guardianship is sought for the following reasons: (e) At the end of a recent admission to Holy Spirit Hospital in mid December 1994, Paul E. Foringer refused to return to the nursing home and insisted that he stay at the hospital despite the exorbitant cost thereof. As the result thereof the Petitioner fears that if further hospital admissions are required that Paul E. Foringer will again refuse to leave the hospital as the result of which Medicare coverage will be denied and his estate will be depleted to cover the costs of said DIANE C, RADCLIFF ATTORNEY.AT.LAW '-UI TRINDI.E ROAU CAMP 1111.1., PA 17011 2 "..;I',.. ":" '. hospitalization, all of which is to his financial detriment and well-being. (b) The said Paul E. Foringer has insisted that he be permitted to be returned to his home so that he can kill himself since he no longer desires to live. (c) The said Paul E. Foringer has refused medication and food resulting in a worsening of his medical condition, indicating to his family that he just wants to die. (d) The said Paul E. Foringer has short term memory loss and it is believed that this loss and his overall state of mental confusion prevents him from making rational decisions. 6. There are no less restrictive steps that can be taken to protect the interest of the person and estate of Paul E. Foringer. 7. The estate of Paul E. Foringer as far as is known to the Petitioner consists of the following: (a) Income: The only source of income is social Security being paid at the rate of $626.00 per month. (b) Assets: Paul E. Foringer owns jointly with his wife: a house located in Mechanicsburg, Pennsylvania, DIANE C. RADCLIFF ATTORNEY.AT.LAW SHI TIUNDLE ROAn CAMP 1IIL1., PA 17011 3 :,..A-",..;ir~~b:,t;~':"<-"~'r.t":i'. ?:....~:;:.~~:'~_.<:~,,~ ~ .', fA- :-'.' _. '.~n having a value of approximately $90,000.00; a savings account at Meridian Bank having a value of approximately $18,000.00; and a checking account with Meridian Bank having a value of approximately $2,000.00. 8. The names, addresses and relationship of the said Paul E. Foringer's parents, spouse and adult heirs are as follows: (a) Spouse: Arlene M. Foringer 6000 William Drive Mechanicsburg, PA Paula J. Drayer 100 B Vine Street Shiremanstown, PA (b) Children: (c) Parents: None-both deceased 9. The names and addresses of all residential services providers for the said Paul E. Foringer are as follows: (a) Blue Ridge Haven West 770 poplar Church Road Camp Hill, PA 17011 10. The names and addresses of all other service providers for the said Paul E. Foringer are as follows: (a) Stephen J. Davis, M.D. 1863 Center Drive Camp Hill, PA 17011 (b) Susquehanna Internal Medicine Associates Medical Arts Building Camp Hill, PA 17011 DIANE C. RADCLIFF ATTORNEY.AT.I.AW Sf41 TRINIlI.F. ROAU CAMP IIII....,A 17011 4 11. The proposed guardian is Paula J. Drayer who resides at 110 B Vine Street, Mechanicsburg, pennsylvania, and is the daughter and only child of the said Paul E. Foringer. 12. The proposed guardian has no interests which are adverse to the said Paul E. Foringer. 13. The proposed guardian's qualifications to act as guardian are as follows: (a) The proposed guardian has already been making decisions pertaining to the care and supervision of her father, Paul E. Foringer, all of which have been in his best interests. (b) The proposed guardian has already been managing the financial affairs of the said Paul E. Foringer, including making arrangements with her mother to collect and deposit his income to pay his bills and to seek and obtain all financial assistance available to him. 14. The proposed guardian seeks to act as guardian over the persons and estate of the said Paul E. Foringer and to that end requests that she be authorized to take all actions necessary on behalf of the said Paul E. Foringer including, but not limited to, the following: (a) authorize his admission or discharge from Holy DUNE c. RADCLIFF ATTORNEY.AT.LAW 5 5.411 TRINUI.F. ROAn CAMP 1111.1., PA 17011 DIANE C. RADCLIFF ATTORNEY.AT.LAW '4.8 TRINOJ.F. ROAn CAMP IIILL, PA nOli :!, Spirit Hospital to any hospital or nursing facility to which he may be or currently is admitted; (b) make any and all necessary arrangements and decisions pertaining to his medical and residential care as may be appropriate under the circumstances; (c) handle and manage all of his financial affairs including, but not limited to, collecting all of his income and payment of all of his bills and, to the extent reasonably necessary, to liquidate such assets in which he may have an intsrest so that a fund is established for purposes of paying his obligations. 15. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the said Paul E. Foringer. 16. The said Paul E. Foringer has no guardian of his estate or person. 17. The spouse of Paul E. Foringer agrees with and consents to the proposed guardianship appointment. WHEREFORE, the Petitioner prays that a citation issue directed to the said Paul E. Foringer, the alleged incapacitated person, with notice thereof to the next of kin referenced in Paragraph 11 and to the service providers , . I,: l d I . I r I 6 I I. i . . " ';j. DIANE C. RADCLIFF A'rrORNEY.AT.LAW ,.... TRINOLE. ROAD CAMP 1111.1.. PA 17011 " , . ' . " ,'ft!' I I 'j I l referenced in Paragraphs 9 and 10 to show cause why Paul E. Foringer should not be adjudicated incapacitated and a guardian of his person and estate appointed. Respectfully submitted, ~~c\2~~ ,j( DJANP: r.:. \;t~CbJF' ESQUI~~ 3~48 Trin le Road Camp-Hill, PA 17011 (717) 737-0100 1. D. No. 32112 Attorney for Petitioner , , ,W) 7 ~';;';:"';::. _;.',t~.::';~. ;~ .. ~. DIANE C. RADCLIFF ATTORNEY.AT-LAW ,... TltlNDLr. ROAD CAMP lULL. PA 11011 , . . VERIFICATION PAULA J. DRAYER verifies that the statements made in this petition are true and correct. PAULA J. DRAYER understands that false statements herein are made subject to the penalties of 18 pa. C.s. Section 4904, relating to unsworn falsification to authorities. ~~A~l~) PAULA J. DR YER . \ I I , , I' r I'". t' i \ i 1 ! .;. ,e,; _.i"'""> .;c." '<";, ,\. " ~ ' "r,::::.;..,,:; '.... , '-"- , '::( .a. ',1li! . .'- . , DEe 221gg~~~~~~. c ~.,_ - _.,~ ~- < ", "n-.~..,'.':'~''''~ ,"!"--"'.'P.,'.~,"". .._,- ~ ~~-/J I J)IANg 0. HJ\JlUl.I1"I" TELEPHONE (717)737'0100 FAX (717) 978'0697 rL~ Q 10),,-' ~,', /J~;;; P AnonNU AT LAW 3440 TAIHDLE "DAD CA..... UILL, PENNaVLYANIA 170 II January 24, 1995 The Honorable J. Wesley Oler Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 ~ IN RBI PAUL B. FORINGBR ADJUDICATION OF INCAPACITATION 21-94-1081 ~ Dear Judge Oler: As you are aware a hearing was scheduled in the above- referenced matter for March 3, 1995 at 2:00 p.m. at Blue Ridge Haven West. I have recently been contacted by my client and was advised that her father, Paul E. Foringer, the alleged incapacitated person, passed away January 22, 1995. Therefore, please remove this hearing from your calendar. Thank you for your cooperation. Very truly yours, "DCss.OU~ I DGR/rzc cc: Clerk of Orphans' Court Paula Drayer , ....". oui >~3 , ;::~:i "1) 0:. 5~ 8. .",8 K9. J'" \:," l"~' ~.t! Oai ,~.o a;E 08 - e N ~ 15l ~..\~. 'a''\~\' ~i...t~of. i..-' -fl -, , ! ! ' i I I. IN REI PAUL E. FORINGER ADJUDICATION OF INCAPACITATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-94-1081 PRAECIPE please terminate the above-captioned matter as the alleged incapacitated person, Paul E. Foringer, has died. Respectfully submitted, Dated: 01/26/95 Vd "()~ pl!'ll, (1qlun~ lJno:) ~:, :' ""'JOI~ n:: 8 V LZ HIJr S6. DIANE C. RADCLIFF ATTORNEY.AT.LAW '441 TRINDLE ROAD CAMP 1I1L1.. PA 17011 GIIIM :r:, ;':'l'i,lJel:l )0 (o')!!':",'Pi);JJOOOI:l