HomeMy WebLinkAbout01-0285
Guardianship Petition
IN THE MA TIER OF Kenneth
Kunkle, an alleged incapacitated
person.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION No
GUARDIANSHIP-INCAPACITATED PERSON
~J -01 -curs
NOW, this l( ~ day of ,2001, on motion of
Michael Hynum, Esquire, and Elizabeth Antoun, Es ui , upon consideration of the attached
petition and after a hearing held following due notice, . is ordered and decreed that Kenneth
Kunkle, 121 Walnut Bottom Road, Shippensburg, Pennsylvania 17257-9005, is adjudged an
incapacitated person. Larry Cottle is appointed guardian of the person and of the estate of
Kenneth Kunkle. J r l_u III ^
6~(J. ~ ~
By the Court,
.
It
.J
~
motion for continuance
IN THE MA TIER OF Kenneth
Kunkle, an alleged incapacitated
person.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION No 21-2001-285
GUARDIANSHIP-INCAPACITATED PERSON
DECREE
NOW, this :2 (p f11 day of M ~ ,2001, on motion of
Michael Hynum, Esquire, and Elizabeth Antoun, Esquire, upon consideration of the attached
Motion, it is ordered and decreed that the hearing on petition for guardian of Kenneth
Kunkle, 121 Walnut Bottom Road, Shippensburg, Pennsylvania 17257-9005, an alleged
incapacitated person, is continued until May 4, 200 I. ~: "3 0 f\1IV1 '
J
By the CoS!--
fJJ.
. ~
motion for continuance
IN THE MATTER OF Kenneth
Kunkle, an alleged incapacitated
person.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION No 21-2001-285
GUARDIANSHIP-INCAP ACIT A TED PERSON
Motion for Continuance of Hearin2
WHEREAS; a petition was filed on March 15, 2001 for the appointment of a guardian for Kenneth Kunkle, an
alleged incapacitated person, and,
WHEREAS; petitioner became aware on March 16, 2001 that Velva M. Morris was appointed guardian of
Kenneth Kunkle in Franklin County, Pennsylvania, on February 13, 1997, while Kenneth Kunkle was a resident
of South Mountain Restoration Center, and,
WHEREAS; Velva M. Morris has filed a petition for resignation of guardianship and final accounting dated
February 21,2001 with the Court of Common Pleas, Orphans Court Division, Franklin County Pennsylvania,
and,
WHEREAS; the hearing on the petition for resignation of Vel va M. Morris' guardianship has been scheduled
for May 3,2001, and,
WHEREAS; a hearing has been scheduled for March 23,2001 for appointment of Larry Cottle as guardian of
Kenneth Kunkle in Cumberland County, Pennsylvania,
Wherefore, petitioner respectfully requests this Honorable Court issue a continuance of the
March 23, 2001 hearing for guardianship of Kenneth Kunkle until May 4,2001.
Respectfully submitted,
CAPOZZI AND ASSOCIATES, P.c.
Date 4$L
M BAEL A.
Identification No. 85692
ELIZABETH S. ANTOU
Identification No. 72592
CAPOZZI AND ASSOCIATES, P.C.
2933 North Front Street
Harrisburg, PAl 711 0
(717) 233- 4101
Attorneys for Petitioner
..
.
motion for continuance
IN THE MATTER OF Kenneth
Kunkle, an alleged incapacitated
person.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS COURT DIVISION No 21-2001-285
GUARDIANSHIP-INCAPACITATED PERSON
~\~
VERIFICATION
, attorney in this matter, does hereby depose and state that the facts
contained in the foregoi g motion are true and correct to the best of my knowledge, information and belief. I
understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating
to unsworn falsification to authorities.
vGw\
Date: aY1\Ol
\ \.
03/22/01 THU 09:28 FAX 2406462
__~~/COUNTY COURTS
14/ UU2
SP 4-131(1-18)
COMMONWeALTH OF PENNSYLVANIA
NOTIFICATION OF MENTAL HEALTH COMMITMENT
The Unlbm F"1I8InN Act, 11 irA. c.s. 1305 (c)(4) IIp8CiIles lilt IIIhII be lI'IIawAI rc.. qo pilla! ~ 1&11I k.....~ or. till beerI /nYaUItIrQy l:lOIIlINlIed ID IIl'llIIltaI
inI1IIutian for ~ care IIld ll-.tnlIint lOW SeQIon aoz. 3OS. or 304 of lie Mental HeaIlh PfOCIIdura Ad 01 July 9. 1171 (P .L117. No. 143) \0 poaeu. .... ~
conInlI, sell ornnsfetnr.ma. lbil,.,. inducIe ~ oflnclplclly.....1II 20 Pa.c.SA. 55501. Pvl1UItIlIo tI'le ~ Menial HMIItI PrclcIIduraAcc, Sec:lbi
109. llClIIIeatIan SI'lIlI be Irw1smlalld III lhe PemsyIv8nI8 Sl.all PoIIca Dr Ihe Judge, menrallleidIh rMIw ofIIcer or CI:lUI'Ity menl8I he8Ilh II1d menfiII rwllIrdallon adrNnillraCor ~
lIVEN days of 1tI, ~1Ion. CQ,...A._hr n.lmeftl by lint diu melllo IIle Ptnnylvlnla StItI Police. Abntlon: Plrtllnft Unit. 1100 !11M",," AVlnue, HIn1aburg.
PA 17110. Note: '111. elMllope ahall be marked "CONFIDINTIAL.- .
Place an ox- on either Invo(untalY Commitment or Adjudicated Incompetent
INVOLUNTARY COMMITMENT
ADJUDICATED INCOMPETENT
x.
Date of Involuntary Commibnent ~r Adjudicated Incompetent 5 /4/0 1
INDIVIDUAL INFORMA T~ON (INCMCUAL INVOLUNTARILY COMMITTED ORADJUCICATEC INCOMPETENT)
LAST N:".i'olE Kunkle
FIRST Kpnnprn
MIDDLE
JR., ETC.
MAiDEN NAME
ALIAS
DATE OF BIRTH 8/15/34
SOCIAL SECURITY NUMBER 1 q') ?n h 'i Q A
SEX M
RACE
r.
HEIGHT 'i' A II
WEIGtfT 140.4lbs HAIR Brown
EYES Grey
ADDRESS 121 Walnut B_o~ttom ROg.~hippensbu.rg, PA 17257 9005
NOTIFICATION BY (Please print nalM, address. area code. and phone number or agency or county court.)
County Submitting NotIficatrOn
County Mental Health and Mental Retardation Administrator
County Mental Health Review Officer
--,
I
i
..~.
Physician
Hospital I Fadlity PIWldlng Treabnent I Address
Judge
SIGNATURE OF NOTIFYING OFFICIAL
DATE
Court Case Number
Date of Court ORt.r
------..................
~ ~-- ~-------__......I
~_____..______I 1
~. ..~.
.. --.. -----...---...--...........-
NOTIFICATION OF PHYSICIAN'S DETERMINATION THAT NO SEVERE MENTAL DISABILITY EXlST~
The Ilh'tslc:lan SI'llI// pnMd. signed c:ontm1Idon cl1he l1cfIlmIhdIan cllh8lac1c 01.,.. menial clSltlDlly rolawlng the Inllllll UMlinallon undIr S8Cllon ao2(bl ot lhe MenIal HeiNl
p~ Ad. and pIDUiII1llll the UIlIronn FiteInM Ad., SIClIan 8111.1 fg)(3], NOUce snal be hnsmlbd by !h. phyllclln 10 the Pennsylvania Stale PolICe JIVl:lUgh 111/1 couft"
menllll huIII1 and mental retal'Clallon IdmlnlltrllDr or mlllllll heaIUI teYlcw alllair.
Name or Physician (please print.)
Signature or Physician
Date
~aw D~ Dl 02~47p
p.1
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I
I
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m TO tfM"l!D 01' :"!
XI ru COUU' aT CCIOfOlI PLIAS or
~ CotnftY, IBlISYLVAnA
~DIVISIOR
lumber or 19
~ B. ICDIlna.Il
11IcOIqIetnt)
ORlIEa
.OW. this . ~ cia,. of -- /IJ1tt? . ~, upon
cOD.14a~a~1oa of the Petitiou fo~ th8~the Quarcl1an af
bftft.rh I. Y",n1rl..
, aDd proof of notiee of the .aid
1I.t:1U,o-a. to
Y<<ftft.rh K. Xunkla
IS u~t-of-k1u hav1nC been
. appo:i.ntd Guard1all
fU.cl, ehe Coure fiDel. tha.e VELVA. X. xoaus
b1 degree of th1. Court dated
rabrua;r:v 13
. 19 97
1.& DO lousez
&b~. eo fUDctioD a. suard1an of the Estate of the 1.14 ~el1n.th E. XunUe .
It is OIDD!D AND D!CBUD that the First and. l:!.ual Acc'ouut of
XaDDeth I. lunkle
, .u&mitte4 to this Cou~t for audit on
, 19
, :ta hereb, aOllfirmed and l:ha.~ VEL'''' X. HOllIS
lB di.ch~8ed Of du:ies and ~.,pODI1bi1iC1el a8 Guardian of the Eetate of
laftnath B. Eunkle
It i8 furthl!~ ORDEUD 1f
Kenneth E. Iunkle
18 na4a'Lcced
to Bouth HOunta~ ~..torat1on Ceuter
"
VELVA H. MORlUS
" Guardian
Of!1ca~, o~ 1\1s/hcr successors shall 1aaed1ately reassUIle the du~1ea mcl
l'capol18:L.&:U1t188 of $u&r4iau of elle It.tate of Kenne~h E. XunkJ..
When this occurs, the Guard,1u. ab&1l 11va lotic. to the OZptumB' Court
.
-A
Di.is1au of the Court of Common Pleas.
All costs aud expellles of chis P.~ieion are to be borne by the
Estate of the said Xenneth B. Kunkle
. .....~ -CPY
, ~ . ..... ,
f. i;'"t... ~ l.
~ MAY 0 3 20m
- ~
C:.r!l e Cc~:i"fI
2'd
Wd0v:l0 l0. E0 ^~
KENNETH KUNKLE
an alleged incapacitated person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NC(" '; 285 ORPHAN$' COURT 2001
IN RE:
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with this Court to have you declared an Incapacitatl Person. If the Court
finds you to be an Incapacitated Person, your rights will be affected, including our rht to manage money
and property and to make decisions. A copy of the petition whichhas been filed by
MICHAEL A. HYNUM
is attached.
You are hereby ordered to appear at a hearing to be held in Court Room. 3 , Cumberland
County Courthouse, Carlisle, Pennsylvania, on MARCH 23 ,20~ t 11: 00 -1L. M. to
tell the Court why it should not find you to be an Incapacitated Person and appt a Guardian to act on
your behalf.
To be an Incapacitated Person means that you are not able to recl and effectively
evaluate information and communicate decisions and that you are unsto manage your
money and/or other property, or to make necessary decisions about Ire 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 represente an attorney, and
to request a jury trial. If you do not have an attorney, you have dht to request the
Court to appoint an attorney to represent you and to have the attop fees paid for you
if you cannot afford to pay them yourself. You also have the right t,Jest that the Court
order that an independent evaluation be conducted as to your allfncapacity.
If the Court decides that you are an Incapacitated Person,:ourt may appoint a
Guardian for you, based on the nature of any condition or disalf1d your capacity to
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make and communicate decisions. The Guardian will be of your person and/or your money
and other property and will have either limited or 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 or 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.
By:
'tnt'cJ (', ~ o.....PP,.'lf"\
Clerk, rphans' Court O(vision
Cumberland County, Carlisle, PA
My Commission Expires 1 st Monday,
January, 2002
DATED:
MARCH 16,2001
prelim decree
IN THE MATTER OF Kenneth
Kunkle, an alleged incapacitated
person.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION No
GUARDIANSHIP-INCAPACITATED PERSON
21-01-02 ~5
PRELIMINARY DECREE
/11\ ~
NOW, this / j day of ~ ,2001, upon consideration of
the annexed petition, it is hereby decreed that a citation is awarded directed to Kenneth Kunkle
to show cause why he should not be adjudged an incapacitated person and a guardian of his
person and estate be appointed; the hearing thereon to be held in Courtroom ';' ,
Cumberland County Courthouse, Carlisle, P A on k ~ e.13 2001 at II; pi) 0' clock at
4.M.
At least 48 hours' notice ofthe hearing shall be given to Kenneth Kunkle,'the alleged
incapacitated person by personal service of a copy of said petition and citation and by service of
notice upon his attending physician or the superintendent or other official of the institution
having custody of him who are sui juris personally or by registered mail
By the Court,
c_
MAR 1 5 ?n~~
~0~'
to\J
Guardianship Petition
IN THE MATTER OF Kenneth
Kunkle, an alleged incapacitated
person.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION No :... . ~..
GUARDIANSHIP-INCAPACITATED PERSON:-
--~-;.
Petition For The Appointment Of Guardian For An Incapacitated Person
,.
NOW comes Larry Cottle, petitioner, by Attorneys Michael A. Hynum, Esquire and Elizabeth
Antoun, Esquire, and presents this petition for the appointment of a guardian by this Honorable
Court upon Kenneth Kunkle, an alleged incapacitated person, representing as follows:
1. Petitioner is the Administrator at Shippensburg Health Care Center, a skilled nursing
facility located at 121 Walnut Bottom Road, Shippensburg, Pennsylvania 17257-9005.
2. Petitioner is not related to the alleged incapacitated person nor does he have an interest in
the estate of same.
3. The alleged incapacitated person resides at 121 Walnut Bottom Road, Shippensburg,
Pennsylvania 17257-9005.
4. The alleged incapacitated person's diagnoses are Dementia, Schizophrenia, CV A and
mental retardation.
5. The alleged incapacitated person does not generally comprehend his surroundings to such
an extent that he requires consistent supervision in his activities of daily living. As a
result of his condition, Kenneth Kunkle requires specific one on one assistance with
grooming, eating, ambulation, toileting and bathing.
6. The alleged incapacitated person is incapable of handling his financial and personal
affairs, however minor, and if called upon to grant informed consent to any medical
procedure would be unable grant same because of his inability to comprehend the nature
Guardianship Petition
of the procedure. Additional information related to Kenneth Kunkle's capacity is set forth
in a letter dated January 12, 2001, prepared by his treating physician and incorporated by
reference and attached hereto as Exhibit "A".
7. After reasonable investigation it has been determined that the alleged incapacitated
person's next of kin are either unwilling or unable to serve as his guardian.
8. Upon investigation, Petitioner can find no other individuals willing to act as guardian for
the alleged incapacitated person.
9. The Facility has requested the Cumberland County Area Agency on Aging to provide
guardianship services for the alleged incapacitated person.
10. The Cumberland County Area Agency on Aging has declined the Facility requests to
provide guardianship services.
11. Petitioner has no knowledge of any other court within this Commonwealth that has
appointed a guardian for the alleged incapacitated person.
12. Upon information and belief, the alleged incapacitated person has no assets.
13. Petitioner, having no interest adverse to the alleged incapacitated person, has agreed to
act as guardian of his person and estate ifthis Honorable Court shall so appoint. The
consent of the proposed guardian is incorporated herein by reference and attached hereto
as Exhibit "B".
14. If appointed as guardian, petitioner will act in compliance with regulations promulgated
under Court Order in Pennsylvania Bulletin 931, et seq., April 19, 1975.
Guardianship Petition
Wherefore, petitioner respectfully requests this Honorable Court issue a rule and citation
upon Kenneth Kunkle, the alleged incapacitated person, with notice thereof to be given to
such other persons as this Court may direct, to be appointed guardian of his person and
estate.
Respectfully submitted,
CAPOZZI AND ASSOCIATES, P.C.
Date:~
CHAEL A.
Identification No. 856
ELIZABETH S. ANTO
Identification No. 72592
CAPOZZI AND ASSOCIATES, P.c.
2933 North Front Street
Harrisburg, P A 17110
(717) 233- 4101
Attorneys for Petitioner
.. MAR 09 '01 01: 47PM
· F!8-1T-2001 11 :z!AM FROM-CAPOUI ANO AISOCIATlS
,
+717-231-4103
P.1S
T-Z&8 P.Olt/OiO p-rol
. Q\WI'dianahiP petition
tN THE MA Trl!R OF K.enneth
Kuakle, an aUBpcl i11CBp&ciWed
person.
IN THE COURT OF COMMON PLEAS OF
cmmmtLAND COUNTY, PENNSYLVANIA
ORPHANS COURTOMSIONNo 57 of2001
GUAROIANSHIP-lNCAPAClTATED PEasON
JlBJUFlCATION
iiO=liaocI ~a rTV Cot <1 p . poIiIlaIW In l!>II m_. doea bootI>y dopa.. ond - duIt 1be i'aalI
. iD I1w far'aoina pedtton are trUe IN1 comet IlD tho bes~ ofmy kll.OWll4J8. ~fom1ation and belief. I
~ 1bat false statamcts made herem are subject to the penalties of \B PLO.S.A. Section 4094. relatinl
10 ~om falsificadon to a\Uhoritica.
Da1C:.J/LtJtL
~,
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~
"Exhibit A
~
3~'
'.. Ill.,
HEALTH CARE CENTER
121 Walnut Bottom Road
Shippensburg, Pennsylvania
17257-9005
(717) 530-8300
FAX (717) 530-8304
TTY 1-800-654-5984
January 12, 2001
Elizabeth S. Antoun
Capozzi and Associates
2933 North Frant Street
Harrisburg, PA 17110
Dear Ms. Antoun:
As per the capability form completed following the admission of Mr.
Kenneth Kunkle, I feel that he is not capable of making decisions about
his care.
A Mini-Mental Status Assessment, completed during November, 2000,
reflects significantly impaired orientation, short term and long term
memory. No improvement has been noted and prognosis related to
mental status is poor.
Diagnosis related to mental status includes Dementia, Schizophrenia
(Undifferentiated), CVA - right caudate and right temporal
encephalomalacia, and mental retardation.
Sinqereiy,
I/olo /
KENNETH E. KUNKLE
FAMILY CONTACTS:
BROTHER:
BROTHER:
SISTER:
COUSIN:
NEPHEW:
RAYMOND KUNKLE (610) 807-0140
723 BROADWAY STREET
BETHLEHEM, PA. 18015
ROBERT KUNKLE, PHONE UNLISTED
BOX 227
EFFORT, PA 18003
ELEANOR FISCHER (717) 530-8300
SHIPPENSBURG HEALTH CARE CTR.
121 WALNUT BOTTOM ROAD
SHIPPENSBURG, PA 17257
ZELDA LLOYD (717) 532-3836
143 HOSTETTER AVENUE
SHIPPENSBURG, PA 17257
GARRETT FISCHER (717) 901-6606
208 SENATE AVENUE
APARTMENT # 817
CAMP HILL, PA 17011
. -) ......
SHIPPENSBURG HEALTH CARE CENTER
RESIDENT'S ABILITY TO UNDERSTAND
RIGHTS AND RESPONSIBILITIES
(Statement concerning signing of documents by resident or third party)
NAME:~f/, idA
I
DATE:
///ut
Above names resident appears capable of understanding information contained
on documents and forms and will be signing all paperwork, except to the extent
that resident has authorized another individual to act as his/her attorney-in-fact.
Above-named resident appears capable of understanding information contained
on documents and forms but cannot physically execute a signature.
Reason for inability to physically sign papers:
v
Above named resident appears incapable of understanding any information
contained on documents and will not sign, but will have responsible third party
sign all paperwork.
Reason for being incapable of understanding:
U -II
IllrJ(~/
I
Date
~
. ~;/ ~ZU;OJ D/~
Title
epresentative
':. "
....
"....-
Shippensburg Health Cm-e Center
rvllNI NrENT AL STATUS TEST
,
..
Name J(EV),)EfHI )fWJJ<.iL
Resident# (;) 05 UJ t.;
Assessment
Date II - PI - ~o
MINI NIENT At STATUS TEST
vSThI (! cLu~ r'"h t>-C --LLi-r ~~
'-..' 3 Items:
1. STM after 5 minutes asked to recall 1.
2. recalled 2. \
.., ..,
.J. ':J.
LThf r! cJ..dcl rncd- ~<<-
V LThI Occupation
v Spouse's name
v Birthplace
~ currem season
code for iVIINI Mental ScaNs Test Score: 0-2 errors, incact iIiiellecnial fur.doning
3-4 errors, mild intellectual func:ioning
5- 7 errors, moderate intellectl.1C.l functioning
/.d~ E/2/2o.tCS 8-10 errors, severe intellectual f.:nctioning
'--
comPletedBq~ 3SJ::J
Correct Answer
vi.
v'2.
1./'3.
v4.
v'S.
V"b. ~ - I~ -193~
/'/7.
v8.
~9.
00.
~"'"
t.
~
-."
minit=t.dcc
Question Resident Response
1. What is today's date /Y?" -~{'.., ~
2. What day of the week /YlO ../?~
3. The name of this place Yv-oC ~~
4. Your room number II ~
5. How old are you II I,
6. Your date of birth /kUJ
7. Your mothers maiden name ~o
8. The President of the U.S. )"'h 0
9. The President before . ;' I
10. Subtraction 30-3; to zero. 30-3 ~ ; 27-3 =
24-3 = _; 21-3 =
18-3 = ; 15-3 =
12-3 = 9-3 =
6-3 = 3-3 =
\.
---.----..-
Date //-11;- Do
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'",,",. . ,'~_ "'" .>o<.~ ~...~...."" .~" _ ~ ~_.... .Ji. ..... "...................-....,... -~"..~,.-.........--"".;...-~-......."....? . . ..
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Shipp~nsburg Health Care Center
Admis_sion Summary Record
"i."~"~_':;"'''~_'\!.'_'':''',,''' .~~"'.~~~'-
3sident: Kenneth E. Kunkle
Admission Date: 11-01-00
..Time:..._ _
=.-'1'
. er Address:
South Mountain Restoration Center
10058 South Mountain Road
State: PA Zip: 17261
Sex: Male
Resident Number: 00564
.,
,.' - .:
'~~~l
, . \~
ty: South Mountain
,ihday:' 08-15-34
Marital Status S
Allergies:
W
M - - D
~,. "". .
i~plac~: Mercersburg, PA
lce:Caucasian
Occupation: No occupation known
Admitting Diagnoses:
Dementia
Dysphasia
- . ICD-9 codes
_ 294.8 _.'_
787.2
Imitted from:
Home
Hospital Other
,
, .
lde of Transportation: wheel chair van
,
I
Hos ita I Preference: Chambersbur
Religion: Protestant
ending Physician: 'or. Balhara.
&ess: 761 5th Ave Phone:
ambersburg, P.A. 17201
261-2583
Clergy:
House of Worship:
Address:
Phone:
ntist:
Mortician:
jress:
Phone:
Address:
,r\NCIAL
).A.:
Primary Insurance:
Medical Assistance
kess:
Policy: 0019267178
Address:
ephone:
;ial Security #: 195-26-6598
Secondary Insurance: Medicare
dicare #: 195-26-6598A
Policy #: 195-26-6598A
dicaid #: 0019267178 Address:
NTACT IN CASE OF EMERGENCY: (Surrogates in Priority Order)
DURABLE (MEDICAL) P.O.A.
ne: Relationship:
jress: Telephone:
ne: Larry Cottle, Administrator
';~ss: Shippensburg Health Care Center
121 Walnut Bottom Road
Shiooensburo, PA 17257
Relationship: Administrator
Telephone 717-530-8300
. ."
ne: Gary Fischer
!ress:
Relationship: Nephew
Telephone 717-901-6606
Exhibit B
.' MAR 09 '01 01: 48PM
'I" · .lEl-iT-ZUUl "IZ5AM FReM-CAPOZZI AND ASSOCIATES
+7l7-ZU-4lD!
T"268 P.DZD/DZD ~:'fDl
Cll.'Imdlanship 1'cIition
IN Ttm MATfER OF Kenneth
.KUllkl,,- an lIlieleel inelplLC\tat14
person.
IN THE COURT OF COMMON PLEAS OJ!
CUMBERLAND COUNTY. PENNSYLV A'NlA
OlU'BAN8 COUllT DMS10N No
GUAlU)lANSHlP-1NCAPAcrrATlID PBllSON
CONSENT OF PROPtJSED GUARDIAN
I, U/~ ~/)) (~ T71l.- _ cIo hclfObY con;ilY lbal I om wil\lJlg to act u..... CINQllIllll/
gulfdiaft orhis pldOD ad estate. if the Court ahaU so 1PP01nt me.
F\IrIIIer. 1 cIo benl>y ~ lbao 1...IlOl a flduclltY of lIlY -- in whloh tho aIlePl ~
penoD bas an. in1ef8It, nor bave laDY il\lucst a4ver&e to the alleged incapacitated pef80n.
The _ ..,d opiuionS """tabled boNiA "'" rruo ..,d _I. tho belt of'lJrl kaDw1eclp, ~
_b~~ .
. . .
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-
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:. tI" ..".'
:" ~ .,SWcn'l\ 'to m41~sorIbocl
~\:..'~~me.thil ~
day or1f/(lA.. fliLA. 200 \.
,.
COURT COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
TO
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with this Court to have you declared an
Incapacitated Person. If the 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 CAPOZZI AND ASSOCIATES, ATTORNEY FOR THE PETITIONER.
You are hereby ordered to appear at a hearing to be held in Courtroom No.
_, Cumberland County Courthouse, Carlisle, Pennsylvania, on
, at . 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 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 your 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 be conducted 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 make and communicate decisions. The
Guardian will be of your person and/or your money and
other property and will have either limited or 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 or 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.
By:
Clerk, Orphan's Court