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Home My WebLink About01-0636 BARRETT HESS An Alleged Incompetent : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION IN THE MATTER OF NO. 21-01-636 INCAPACITATED PERSON CITATION TO: BARRETT HESS We command you to appear at a hearing in Orphans' Court of Cumberland County, to be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA, on, the day of , 2001, in Courtroom # , to show cause why you should not be adjudged incompetent to choose between community-based and institutional services for the mentally retarded, and a temporary guardian appointed for your person. Citation returnable the day of ,2001. VVITNESSETH: The Honorable I President Judge of said Court, sitting in the Orphans' Court this day of ,2001. CLERK OF THE ORPHANS' COURT BARRETT HESS An Alleged Incompetent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN THE MATTER OF NO. INCAPACITATED PERSON ORDER OF COURT AND NOW, this /# (ft day of ~2001, upon review of the attached Petition, a hearing is scheduled in this matter for /h~" the .) 7 ~y of _4-u~ 2001, at j,: 30a.m./@., in Courtroom #2, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. Personal service of this Order and accompanying Citation and Petition shall be caused to be made upon the alleged incapacitated person by Petitioner in accordance with the Probate, Estates and Fiduciaries Code. Notice shall also be given to all other persons and entities required to be notified under the Code. Proof of service shall be furnished at the above-scheduled hearing. BY THE COURT, J. BARRETT HESS An Alleged Incompetent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN THE MATTER OF NO. INCAPACITATED PERSON PETITION FOR APPOINTMENT 0 A TEMPORARY GUARDIAN OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5513 1) Your Petitioner is Robert L. O'Brien, Esquire, Solicitor for the Cumberland Mental Health/Mental Retardation Office. 2) Respondent is Barrett Hess, an incapacitated person, currently receiving care at 320 N. 21st Street, Camp Hill, PA 17011. Respondent is an adult individual being presently 56 years of age with a birth date of 12/4/45. Attached hereto, marked as Exhibit "A", and incorporated herein by reference is a Petition prepared by the Cumberland County MH/MR Office. 3) Petitioner requests that the Court appoint Dr. Anton Hess, as guardian for the limited purpose of executing certain forms and waivers that are required to insure the continuation and availability of care and treatment for Respondent. An initial determination has been made that, due to Respondent's low intellectual functioning, he is unable to make a determination in reference to his placement/waiver, and that, in order to comply with applicable state and federal laws, a guardian be appointed by the Court for the purpose of making said election and signing the necessary forms. WHEREFORE, Petitioner, Robert L. O'Brien, respectfully requests that the Court order that Respondent Barrett Hess be adjudged an incapacitated person in reference to choosing between community base and institutional services for the mentally retarded. Respectfully submitted, O'BRIEN, BARIC & SCHERER BY~ Robert L. O'Brien, Esquire Solicitor for the Cumberland/Perry County MH/MR Office 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 IN THE MATTER OF IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA Barrett Hess AN ALLEGED INCOMPETENT ORPHANS' COURT DIVISION IN RE NO. PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN OF THE PERSON PURSUANT TO 20 Pa. C.S.A. 5513 The Petition of Barrett Hess , respectfully represents: 1. Your Petitioner is Dr. Anton Hess 2. Barrett Hess is currently receiving care at 320 N. 21st Street. Camp HilL P A 17011 3. Barrett Hess domiciled at 320 N. 21st Street. Camp Hill. PA 17011 4. Barrett Hess IS 56 years of age having been born on 12-4-1945 5. Barrett Hess' marital status is single. never married 6. Those persons, if any, who are Barrett Hess' next-of- kin and their relationship to same, of whom your Petitioner has knowledge are as follows: Dr. Anton Hess Exhibit "A" from which the diagnosis made is: ~ Nh ) Net; V~)11 with a prognosis as follows: ~ ~7 (2y~- 2. On the basis of the foregoing history and examination, the affiant is of the opinion that Barrett Hess , because of mental deficiency, lacks sufficient capacity to make or communicate responsible decisions concerning his/her choice to receive community-based or institutional services for the mentally retarded. 3. Because of the physical or mental condition of said patient, his/her welfare would/would not be promoted by his/her presence in Court. ~~~V\ __,.. - SWORN TO AND SUBSCRIBED BEFORE ME THIS ~ DAY OF ~ ~OC/ ,_ c;jktf;iLIfir NOTARIAL SEAL Judy S. Grdjan. Notary Public L<:lmoyne Borough. County of Cumberland "4y Commission Expires Jun. 7. 2004 NonFICA nON OF MENTAL HEALTH COMMITMENT ,...... ft-..AcI. .. PA. c.a..", tII(4)............"....... "",....... . .. .ll~ ......... ~ .11..64...... .....................-. -- -- - _... "lie.........., , l'W M",.," "" ".&.117. .... '............ "'INII ~ -............... -.......... r Il."~........."c.aA""', ~"""'_4.t.IIl."''''''''DLfI..__''''' .. JF I ...." ...._,........ ........t......,....,..~ __............................. __ ~ f1I . ....... ... ...... "lie.. r 11 II .. all ~..._.........,.. _........ ,.__~.... ... '*' ~11I1 t: ..... -. ........... 10...........11II.... '10 tn.. 110II:,..............."..... ............ PIleI.. or 1ft'" ~ CoIMIIneN. "'*~CI".1nclo<< J ItllIt INVOLUNTARY COMMITMENT ADJUDICATED INCOMPETENT DIll.,......, ~~..,... ~~c dllllllioon'lll'" INDIVIDUAL INFORIIA noN (lNDlVlCKW.INOUItI'AMY OOl_llaI OItADl'JOICA1ID 1MlXl.. .Llaft) LAIr... ---tie s 5 NIT ~ft ,("e +f ... .... D:. ALIAI ......... toeMLlICUMY.1I1.. ((p cJ. - 5' (... ,/" IIn s-e: - ~ -c..~.~,-,-- ~. f" ___I rs-- _Gv-P i -,/1l7"') VI A&IClMIt 3J.D V',. ~ /,<:r ~~ I ~ i/-,-tf( ffJ- 176 J \ N01'FICA TION BY ,....... _. .......... clDdI. ......... ......fllIIftClf..... ClIUIt) CIIIIIIr .... -., II '"Ii' aTa c..tr.............. .......1tItaI fll~ 1 Admit__ c..tr.......... --- 0II0Ir '-1" ,"..,111' P.-.....~ ~, AdlII-. ...... "'1\NOP IIOl1PYIIG M"I~W. M1'I c.e c.......... OMI "CIMII o.r NOTIFICATION OF PHYSICIAN'S DETERlllNATION THAT NO JEVERa MENTAL DllAIIUTY DIlTS ,................. .....1 . ...fI.........."...."...... -...-........... I JI ...,........ ".......... r f ~M......................~ .... '11',' -. ........." _ttlI8lJ.,..,...... ....'11 ~,.................... ....--........... . I ...........~.... ......... ....... .,......... ( I I \ i I I OMI ......, PhVt'cIII, (PINM pNL) -------------~ BARREI'T HESS An Alleged Incompetent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA N(~- - ORPHANS'COURT 21-01-636 IN RE: IMPORTANT NOTICE CITA TION 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 our right to manage money and property and to make decisions. A copy of the petition which has been filed by roBERT L. O'BRIEN, ESQ. is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. 3 , Cumberland County Courthouse, Carlisle, Pennsylvania, on r-K)NDAY, AUGUST 27 2001_, at1:30 ~.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 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. . .p (\ ~ By: 'mar ~" ~~ OP.... D. J.Rh. Clerk:\Orphans' Coult Division' . Cumberland County, Carlisle, PA My Commission Expires 1 st Monday, January, 200L DATED: JULY 11,2001 BARRETT HESS, An Alleged Incompetent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN THE MATTER OF NO. 21-01-636 INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF A GUARDIAN OPINION AND ORDER OF COURT BEFORE HOFFER P. J. The present case is before the Court on the Petition of Robert L. O'Brien, Esquire, solicitor for the Cumberland/Perry Mental Health/Mental Retardation Office. It is requested that Barrett Hess be adjudicated an incapacitated person, and that a guardian be appointed. Following a hearing, the following Findings of Fact and Order of Court are made and entered: FINDINGS OF FACT 1. The allegedly incapacitated person suffers from mental retardation. 2. The extent of the individual's capacity to make and communicate decisions is severely limited by virtue of the aforesaid conditions. 3. Notwithstanding that the allegedly incapacitated person has a very supportive family and enjoys the support of the agency here involved, the individual does need guardianship services. 4. The type of guardian required is a limited one of both the person and the estate, based on the need to execute certain documents to obtain certain funding. 5. The duration of the guardianship involved would be pending further Order of Court and would be limited to the period necessary for the execution of the aforesaid documents and any follow-up documents. 6. The proposed guardian, Dr. Anton Hess, has no interest adverse to that of Barrett Hess. As a consequence of the foregoing Findings of Fact, the following Order of Court will be entered. /\ l ORDER OF COURT AND NOW, this ~f . ~ay of August, 2001, based upon the Petition for Appointment of a Temporary Guardian pursuant to 20 Pa. C.S.A. 5513, and following a hearing, the Court finds that the allegedly incapacitated person, Barrett Hess, is an incapacitated person in that, because of mental retardation, he is unable to receive and evaluate information effectively and communicate decisions sufficiently, and to such a degree that he is, at least partially, unable to manage his financial resources or to meet the essential requirements for his physical health and safety. He is, therefore, adjudicated an incapacitated person, and Dr. Anton Hess is appointed guardian of his property and person for the limited purpose of executing necessary documents to qualify for the federal waiver program in Section 2176 of the federal laws and regulations pertaining thereto. This Order shall continue pending further Order of Court. BY THE COURT, ROBERT L. O'BRIEN, ESQUIRE Solicitor for Cumberland/Perry MH/MR