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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. 21-01-836 ORPHANS' COURT
ESTATE OF JAMES HUNTER HERR
PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES
AND FIDUCIARY CODE TO ADJUDICATE JAMES HUNTER HERR TO BE INCAPACITATED
AND TO APPOINT GUARDIANS FOR HIS PERSON AND HIS PROPERTY
AFFIDA VIT OF DA VID ~ DeLUCE
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
DAVID W. DeLUCE, being duly sworn according to law, upon his oath, deposes and says:
1. I am counsel for Petitioner David F. Tamanini in the above matter.
2. On the 18th day of September, 2001, I personally served upon James Hunter Herr at Country
Meadows Living Center, 4833 Trindle Road, Mechanicsburg, Pennsylvania, and read to him, the Petition to
adjudicate him to be incompetent and to appoint guardians for his person and his property, the Citation
issued pursuant thereto by the Clerk of the Orphans' Court, and the Preliminary Decree scheduling a
hearing.
Sworn to and subscribed
Ill~
befoxe ~e this ~ day
of () tl tlCEk:. , 2001.
d~~i!f~
..,
Notarial Seal J
Kristee K. Myers, Notal'Y Public
Lemoyne Bora, Cumberland County
My Commission Expires Dec. 2, 2.002 .
Member, Pennsylvania Association ot Notanes
: 144622-9
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY
NO. 21-01-836 ORPHANS' COURT
ESTATE OF JAMES HUNTER HERR
ACKNOWLEDGEMENT AND CONSENT TO GUARDIANS
I, Margaret K. Runk, first cousin to James Hunter Herr, hereby acknovvledge receipt of
the Petition to adjudicate James Hunter Herr to be incapacitated and to appoint guardians for
his person and his property filed with the Cumberland County Orphans' Court with Preliminary
Decree, and receipt of the Final Decree entered on October 10,2001 appointing Michael
Dockery (4109 Wimbledon Drive, Harrisburg, PA 17112, home phone (717) 545-4384, work
phone (717) 780-2484) and Edward McCarthy (1411 Blue Mountain Parkway, Harrisburg, PA
17112, home phone (717) 657-3683, vvork phone (717) 780-2549) guardians of his person and
David F. Tamanini, guardian of his property. I hereby consent to said guardian appointments
by the Cumberland County Orphans' Court.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. ~/. 0/- 33(. ORPHANS' COURT
ESTATE OF JAMES HUNTER HERR
PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES
AND FIDUCIARY CODE TO ADJUDICATE JAMES HUNTER HERR TO BE INCAPACITATED
AND TO APPOINT GUARDIANS FOR HIS PERSON AND HIS PROPERTY
PRELIMINARY DECREE
AND NOW, this II (7l day of 4~/'HI~~ , 2001, upon consideration of the
annexed Petition, it is ORDERED AND DEC~EE6 that a hearing on this matter is set for the /0 ~day of
& ljk,u , 2001, in Courtroom No. 3 , at 3 ~- oJ ~.M.
I
at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, and that a Citation
be issued to James Hunter Herr commanding him to show cause why he cannot appear at the
aforementioned hearing pursuant to the Petition of David F. Tamanini to have James Hunter Herr
adjudicated an incapacitated person and to have plenary guardians appointed for his person and his
property. Notice of the hearing shall be given to James Hunter Herr by counsel for the Petitioner in
accordance with 20 P .s. 9 5511 (a) not less than twenty (20) days prior to the hearing.
fr' J.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. 21- Of - B3lo ORPHANS' COURT
ESTATE OF JAMES HUNTER HERR
PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES
AND FIDUCIARY CODE TO ADJUDICATE JAMES HUNTER HERR TO BE INCAPACITATED
AND TO APPOINT GUARDIANS FOR HIS PERSON AND HIS PROPERTY
FINAL DECREE
AND NOW, this ~ day o~ ~ . 2001, upon consideration of the
Petition of David F. Tamanini and following a hearing, it is ORDERED AND DECREED that James Hunter
Herr is adjudicated an incapacitated person and Michael Dockery and Edward McCarthy, or either of them,
are each hereby appointed as plenary guardians of the person of James Hunter Herr; that David F. Tamanini
is hereby appointed as plenary guardian of the property of James Hunter Herr; and no bond shall be
required of any of the Guardians, and Michael Dockery and Edward McCarthy as said plenary guardians of
the person are hereby authorized to make decisions on his behalf concerning his medical care and
treatment including admission to nursing homes and hospitals and other health care providers as well as to
consent to and authorize medical treatment; and David F. Tamanini as said plenary guardian of the property
of James Hunter Herr is authorized to make future payments of both income and principal for his care and
maintenance as may be necessary and is authorized to sell and/or lease his real property located at 1495
Chambersburg Road, Gettysburg, Adams County, Pennsylvania, and to handle all matters related thereto
including the execution of a deed and other documents consistent therewith.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO.~' - Of - ~3...P ORPHANS' COURT
ESTATE OF JAMES HUNTER HERR
PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES
AND FIDUCIARY CODE TO ADJUDICATE JAMES HUNTER HERR TO BE INCAPACITATED
AND TO APPOINT GUARDIANS FOR HIS PERSON AND HIS PROPERTY
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of David F. Tamanini respectfully represents that:
1. Your Petitioner, David F. Tamanini, is an adult individual with a mailing address of P.O. Box
6206, Harrisburg, Pennsylvania 17112-6206.
2. James Hunter Herr is a 79 year old incapacitated male, born on January 20, 1922. He has
never been married, has never had any children or siblings. He does have first and second cousins residing
in the Commonwealth of Pennsylvania who will be provided notice of this hearing.
3. Since January 2001, James Hunter Herr has been a resident of County Meadows Living
Center, 4833 Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. He is presently in the
Alzheimer's Unit which is a secured area of this facility.
4. Prior to his admission to Country Meadows, over the last two (2) years, Mr. Herr has resided
at two (2) other personal care facilities and made an attempt to live independently at his home in August
2000, which was unsuccessful and precipitated his current admission to Country Meadows in
Mechanicsburg.
5. On at least two (2) occasions in the last six (6) months, Corey Rigberg, M.D., a psychiatrist
has examined Mr. Herr and has given the opinion that he suffers from organic dementia, is psychotic and
delusional, and meets the definition of an incapacitated person under Pennsylvania law.
6. Your Petitioner, was appointed as attorney-in-fact for James Hunter Herr by written power of
attorney on November 15, 1991. In April 1998, Your Petitioner began handling the financial affairs of James
Hunter Herr as Mr. Herr could no longer manage his own financial affairs.
7. Your Petitioner no longer desires to be the attorney-in-fact for the person of James Hunter
Herr and has filed this Petition to have plenary guardians appointed for his person.
8. Michael Dockery who resides at 4109 Wimbledon Drive, Harrisburg, PA 17112 and Edward
McCarthy who resides at 1411 Blue Mountain Parkway, Harrisburg, PA 17112, both long-time friends and
former coworkers of James Hunter Herr have agreed to act as guardians of the person. Attached hereto is a
Consent by the Proposed Guardians signed by Mr. Dockery and Mr. McCarthy.
9. Your Petitioner also believes that it would be best for the Court to appoint a guardian of his
property and is willing to continue handling his financial affairs as he has for the past three (3) years.
Attached hereto is a Consent by the Proposed Guardian signed by Your Petitioner.
10. James Hunter Herr has a monthly income of approximately $2,400.00 from Social Security
and a retirement pension from the Harrisburg Area Community College. In addition, Mr. Herr has investment
assets (mutual funds and stocks) having an approximate value of $155,000.00. Mr. Herr is also the owner of
real estate located at 1495 Chambersburg Road, Gettysburg, Adams County, Pennsylvania, which has been
appraised at $125,000.00.
WHEREFORE, Your Petitioner prays that a Citation be issued to James Hunter Herr to show cause
why he should not be adjudged to be incapacitated and plenary guardians for his person and his property be
appointed, and that the Court schedule a hearing on this Petition.
Date:
q L ~/o I
, I
By:
:148324
avid W.\ eLu
Attorney 1.0. #41687
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for David F. Tamanini
VERIFICA TION
I, David F. Tamanini, verify that the statements made in the foregoing Petitionare 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.S. 94904 relating to unsworn falsification to authorities.
1=J~
Dated:
1/7 ~I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. ORPHANS' COURT
ESTATE OF JAMES HUNTER HERR
CONSENT BY PROPOSED GUARDIANS
Michael Dockery and Edward McCarthy, hereby agree to accept the appointment of plenary
guardians of the person of James Hunter Herr, if he is adjudged to be an incapacitated person by the
Cumberland County Orphans' Court.
Dated:
Dated:
7/;u. /tJ/
,
7/2.1#/61
( l
~g~
Michael D ckery d
i J. tvw~( }It { (,v~
Edward McCarthy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. ORPHANS' COURT
ESTATE OF JAMES HUNTER HERR
CONSENT BY PROPOSED GUARDIAN
David F. Tamanini, hereby agrees to accept the appointment of plenary guardian of the property of
James Hunter Herr, if he is adjudged to be an incapacitated person by the Cumberland County Orphans'
Court.
Dated:
rf~(
2)~
Davia F. Tamanini
IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY
No.21-01-836 ORPHANS' COURT ReCor;JdC;f',.=:e of
ESTATE OF JAMES HUNTER HERR Re:jl:;ro,
GUARDIAN OF TIlE ESTATE INITIAL REPORT
(20 Pa.C.S.A 5521 (c))
From October 10, 2001 to January 5,2002
.02 JAN lOP 2 : 1 4
C!€.'ri'>
CWlliJE;
1. I am the Plenary Guardian of the Estate of my ward, named above. I was appointed Guardian by
Order of the Court Dated 10/10/01, which was not modified
2. The incapacitated person is still living.
3. My initial inventory is herein and lists a total known estate value of $291,953.64
The Inventory lists a regular total monthly income of at least $2,467.40. It is comprised of social
security payments of $1233.(less medicare premium noted below), and an annuity payment from
TIAA CREF of $ 1,234.40.
There are variable small amounts of interest earned each month which varies based upon the amount
of money in the ward's checking account. It is reflected herein under income for the initial period
reported herein.
4. At the beginning date of this reporting period, my initial checking account balance on hand was
$1095.
5. During this reporting period, the following reflects all sources of income (other than social
security).
1. 11/10/01
2. 12/8/01
3. 01/05/02
4. 01/05/02
5. 10/21/01
6. 10/21/01
7. 11/30/01
8. 12/31/01
9. 11/01/01
10. 12/01/01
11. 0 I/O 1/02
12. 01/04/02
13. 11/10/01
14. 12/08/01
15. 01/05/02
Country Meadows Escrow account
Country Meadows Escrow account
Country Meadows Escrow account
BP stock dividend
Merrill Lynch interest
Merrill Lynch interest
Merrill Lynch interest
Merrill Lynch interest
TIAA CREF annuity
TIAA CREF annuity
TIAA CREF annuity
UPS Stock dividend
IRA mandatory distribution for 2001
Reimbursement of Drug bills from Insurance
Reimbursement of Drug bills from Insurance
Total:
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
10.00
10.00
10.00
14.85
8.11
15.36
14.02
7.47
1,203.24
1,203.24
1,234.40
1.90
947.00
715.95
11'04717
6,411.55
6. During this reporting period, the following reflects all payments I have made for my ward
1. 10/11/01 Purchase television for ward's use $ 254.38
2. 12/08/01 Purchase clothing for ward $ 39.79
3. 01/05/01 Supplemental Health Insurance Premium $ 543.43
4. 10/21/01 Rick McDaniel Maintenance of lawn $ 25.00
5. 11/10/01 Pharmacy bills $ 394.87
6. 12/08/01 Pharmacy bills $ 1,362.60
7. 01/05/02 Pharmacy bills $ 1,316.23
8. 11110/01 Country Meadows beauty shop $ 8.00
9. 10/11/01 Mellon Investor Svc. for stock basis records $ 240.00
10. 10/21/01 Homestead transportation $ 50.85
11. 11/10/01 Serrate~ Schiffman, PC legal services, Real Est.
Sale $ 500.00
12. 11/10/01 Johnson, Duffie, Stewart, Weidner, legal services
Petition for Guardialld11p $ 814.00
15. 01/05/02 Homestead transportation $ 50.85
16. 01/05/02 PNC Bank Safebox $ 90.00
17. 12/21/01 Waste Management Rental dumpster for trash
Upon removal of personalty for public auction $ 410.00
18. 12/08/01 Comcast Cable for television $ 33.80
19. 01/05/02 Comcast Cable for television $ 33.80
20. 12/8/01 David F. Tamanini, Guardian at the rate of$50.00
per hour $ 1,038.28
21. 10/21/01 Cumberland Township Authority Sewer for
Real Estate in Gettysburg, P A $ 87.50
22. 01/05/02 Cumberland Township Authority Sewer $ 87.50
23. 11/10/01 GPU electricity for Gettysburg property $ 13.65
24. 12/08/01 GPU electricity for Gettysburg property $ 5.15
25. 12/08/01 Commission to RAC Books on sale of books $ 342.54
Total: $ 7,752.22
7. The present principal assets of my ward are:
1. Cash Management Account Merrill Lynch CMA (checking) $
2. Cash account in IRA Merrill Lynch $
3. Eaton Vance Tax Managed Fund $
4. United Parcel Service Stock $
5. BP Amoco Stock $
6. Hershey Foods Stock $
7. Gross cash value of auctioned personalty,
not yet disbursed after public auction of 1/1/02,
commission will be due. $
8.
9.
Net value of books sold on commission
Jewelry in safe box and storage not yet appraised
4,468.96
16,660.96
98,389.00
567.00
2,082.60
21,320.22
14,063.00
$ 2,082.70
$ unknown
10.
11.
12.
13.
14.
15.
16.
17.
Coins
Class action pending vs. Rite Aid Corp. Value not yet
established although settlement approved by Court
Settlement to be cash and stock
Life insurance Prudential face value ($500.)Cash Value
Art work up for auction (estimated value $1,000-$1,500)
Books, collection of antique documents, and letters
not yet determined
Petty Cash
Real Estate in Gettysburg under contract for Sale
Promise to pay ward $5,000 by historical association
relative to the sale of real estate.
Total
8. The present amount and sources of income for my ward are:
1. Social Security monthly
2. TIAA CREF Annuity income monthly amount
3.Interest on escrow from Country Meadows Living
4.Variable interest. and dividends depending on amount in
accounts, and presently averaging less than $10.lmo.
9. The regular monthly expenses of my ward which I pay are:
1. Country Meadows Living Center, Mech., P A
2. ComCast Cable for television
3. Medicare premium (deducted before direct deposit from Soc.
Security $
4. GPU electricity which varies upon usage at Gettysburg property $
5. David F. Tamanini, guardian fee minimum $
6. Prescriptions for medication which vary monthly but which
are subject to reimbursement in large degree
$ 300(e)
$ unknown
$ 1,819.20
$ unknown
$ unknown
$ 200.00
$125,000.00
$ 5.000.00
$291,953.64
$ 1,233.00
$ 1,234.00
$ 10.00
$ 10.(e)
$ 3,638.00
$ 33.80
54.00
15.(e)
200.
$ 1,300.00
10. I have authority from the Court in its order of 10/1 0/0 1 to invade principal to meet the needs of
my ward.
The following expenses of my ward have been paid from Principal.
1. All expenses in excess of social security and the annuity and interest income are paid by
the liquidation of assets. To that extent, $9060.01 has been drawn down during this period, from the
Eaton Vance Tax Managed fund and according to plan, at least $4,000 per month is drawn down
from the Eaton Vance Tax Managed fund for conversion to cash and use for expenses as needed.
11. I have paid myself compensation for services I rendered as guardian. The amount I paid myself
totaled $1038.28 at the rate of$50. per hour plus incidental expenses.
...'l .,'
...
12. At this time I cannot anticipate vvhat, if any needs may occur for extraordinary expenditures on
behalf of my ward in the next (12) months.
13. My ward receives monthly social security benefits directly deposited into his checking
account.
14. I am not the guardian of the incapacitated person's person.
15. At this time I have no special concerns regarding the ward's finances.
I certifY under penalties of petjury that the information contained in this report is true and correct to
the best of my knO~elief.
7)~ . ·
Name: David F. Tamanlnl
Address: P.O.Box 6206
Harrisburg, PA 17112
Phone: 541-1805
Home phone: 652-7869
--
~t/
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY
No.21-01-836 ORPHANS' COURT
ESTATE OF JAMES HUNTER HERR
GUARDIAN OF THE ESTATE INITIAL REPORT
(20 Pa.C.S.A 5521 (c))
From January 5, 2002 to January 5, 2003
1. I am the Plenary Guardian of the Estate of my ward, named above. I was appointed Guardian by
Order of the Court Dated 10/10/0 1, which was not modified.
2. The incapacitated person is still living.
3. My inventory is herein and lists a total known estate value of$ 246,712.69
The Inventory lists a regular total monthly income of at least $2,429.44. It is comprised of social
security payments of$1179.00 through December 2002 and $1192 thereafter. (After deduction of
$58.70 monthly for the Medicare premium), and an annuity payment from TIAA CREF of $
1,237.44.
There are variable amounts of interest and dividends earned periodically which varies based upon
the amount of money in the ward's checking account and other investments. It is reflected herein
under income.
4. At the beginning date of this reporting period, my initial checking account balance on hand was
$ 9,155.75
5. During this reporting period, the following reflects all sources of income (other than social
security).
1. Merrill Lynch interest
2. Dividend Income from UPS, BP, Lucent
3. Moving expenses
4. Refund from Atty General from Pub. Clearinghouse
5. Interest earned from Country Meadows escrow, and
Cash Management Account,
6. Annuity Income
$
$
$
$
14.02
233.25
1,000.00
94.86
Total:
$
$
$
1,596.86
14.815.84
17,754.83
6. During this reporting period, the following reflects all payments I have made for my ward
1. Pharmacy $ 1,637.14
2. Clothing for ward $ 344.86
3. Supplemental Health Insurance Premiums $ 2,173.32
4. HomeInstead Health Aides $ 3,863.09
5. Medical Expenses uninsured $ 153.79
6. Legal Services, Serratelli and Schiffman sale of homestead $ 814.00
,,-
7. Guardian fee to David F. Tamanml @$50.00/hr. $
8. Certified Public Accountant for taxes (Robt. Welsh) $
9. Rental storage for personal property (&te22 Stor-all) $
10.Room and Board at Country Meadows, and HCR Manorcare $
11. Transportation ( via ambulance) $
12. Utilities at homestead, and cable' $
13. PNC Bank Safebox $
14. Real Estate Taxes paid $
15. CMA and retirement account fees $
16. Television parts $
Total: $
7. The present principal assets of my ward are:
1. Cash Management Account Merrill Lynch CMA (checking) $
2. Cash account in IRA Merrill Lynch $
3. Eaton Vance Tax Managed Fund $
4. United Parcel Service Stock $
5. BP Amoco Stock $
6. Hershey Foods Stock $
7. Lucent Stock $
8. Agere Stock $
9. Callable Certificate of Deposit Provident $
10. Jewelry in safe box and storage not yet appraised $
11. Coins $
12. Class action pending vs. Rite Aid Corp. Value or eligibility
not yet established although settlement approved by Court
Settlement to be cash and stock $
13. Life insurance Prudential face value ($500.)Cash Value $
14. collection of antique documents, and letters $
15. Petty Cash $
Total $
8. The present amount and sources of income for my ward are:
1. Social Security monthly
2. TIAA CREF Annuity income monthly amount
3.Variable interest and dividends monthly
3,998.15
739.00
476.46
48,211.61
382.00
426.91
90.00
904.66
135.00
43.02
64,393.01
67,975.00
15,883.00
36,666.00
638.00
1,851.30
21,962.00
24.65
8.34
99,000.00
unknown
300.(e)
unknown
2,404.40
unknown
160.00
246,872.69
$ 1,233.00
$ 1,234.00
$ 152.50
9. The regular monthly expenses of my ward which I pay are:
1. HCRManorCare Nursing $ 5,700.00
2. ComCast Cable for television $ 36.93
3. David F. TSlmanmi) guardian fee minimum of$200.@S50/hr $ 333.18.
4. Additionally, at varying amounts per year, I make payments on
all other expenses of the ward which include but are not limited to clothing, supplemental
health insurance health aides, uninsured medical expenses, Certified Public Accountant,
.- ,
storage rental for personal property, transportation, safebox, and miscellaneous other items.
10. I have authority from the Court in its order of 10/1 0/0 1 to invade principal to meet the needs of
my ward.
The following expenses of my ward have been paid from Principal.
1. All expenses in excess of social security and the annuity and interest income are paid by
the liquidation of assets. Assets converted both for expenses, and to transfer to other investments
for either cash liquidity or better and stable return include: $44,011.00 has been drawn down during
this period, from the Eaton Vance Tax Managed fund according to plan, $4,000 per month was
drawn down from the Eaton Vance Tax Managed fund for conversion to cash and use for expenses
as needed. Additionally, the sale proceeds of personal property and the homestead were sold and
reinvested in more liquid and beneficial investments.
11. I have paid myself compensation for services I rendered as guardian. The amount I paid myself
totaled $3,998.15 at the rate of$50. per hour plus incidental expenses.
12. At this time I cannot anticipate what, if any needs may occur for extraordinary expenditures on
behalf of my ward in the next (12) months.
13. My ward receives monthly social security benefits directly deposited into his checking
account.
14. I am not the guardian of the incapacitated person's person.
15. At this time I have no special concerns regarding the ward's finances.
I certify under penalties of perjury that the information contained in this report is true and correct to
the best of my knowl ge, information and belief
Name: David F. Taman1nl
Address: P.O.Box 6206
Harrisburg, P A 17112
Phone: 541-1805
Home phone: 652-7869
-
or
IN RE: JAMES HUNTER HERR
AN ALLEGED INCAPACITATED PERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Ne'" '21- 01-836 ORPHANS' COURT
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 our right to manage money
and property and to make decisions. A copy of the petition which has been filed by
DAVID W. DeLUCE:J ESQUIRE 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 OCTOBER 10th _, at 3: 00 P.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. Yau 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: )')')OJ~r~ VIJ.J";' r'A. ~ .d. ~~J" a"fl" ~
lerk, Orphans' Court Division I -
Cumberland County, Carlisle, PA
My Commission Expires 1 st Monda y ,
January, 2002
DATED: SEPTEMBER 13.
2001
IN RE: JAMES HUNTER HERR
AN ALLEGED INCAPACITATED PERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NC'" '21- 01-836 ORPHANS' COURT
IMPORTANT NOTICE
CITATION WITH NO TICE
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
DAVID W. DeLUCE, ESQUIRE 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 OCTOBER 10th _, at 3:00 ~.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
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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:~'" 'Ih.b~ 'f"....~./1../~UI Q..~,(~
lerk, Orphans' Court Division I -
Cumberland County, Carlisle, PA
My Commission Expires 1 st Monday,
January, 2002
DATED: SEPTEMBER 13.
1001
POWER OF ATTORNEY
...
A __
KNOW ALL PERSONS BY THESE PRESENTS, that I, JAMES HUNTER
HERR, of 1.495 Chambersburg Road, Gettysburg, Ad~1'Il$ county,
Pennsylvania have lBade, constituted and appointed, and by these
presents do make constitute and appoint. DAVID F. TAMANIlfI,
ESQUIRE, of Dauphin County, Pennsylvania, my true and lawful
attorney, for me and in my name and on m.y behalf general.ly to do
and perform all matters and things, transact all business, lIake,
execute and acknowledge all contracts, orders, deeds, writings,
assurances and instruments which lnay be requisite or proper to
effectuate any matter or thing appertaining or belonging to me,
with the same powers, and to all intents and purposes with the
same validity as I could, if personally present: hereby ratifying
and confirming whatsoever my said attorney or substitute or
substitutes shall and may do, by virtue hereof.
. . ~ .
In addl.tJ..on to the above, my attorneY-J..n-fact shall
specifically be authorized:
(1) To make gifts;
(2) To create a trust for my benefit;
(3) To make additions to an existing trust for my benefit;
( 4) To disclaiJn any interest in property;
(5) To renounce fiduciary positions;
(6) To withdraw and receive the income or corpus of a trust;
(7) To authorize my admission to and/or discharqe from a
medical, nursing, residential or similar facility and to
enter into agreements for .y care;
"I
...
(8) To authorize and/or deny authorization for medical and
surqical procedures.
This Power of Attorney shall not be affected by disability
of the principal.
IN WI.TNESS WHEREOF, I have hereunto set lAY hand and saal
this / S-t{d~Y of November, one Thousand Nine Hundred Ninety One.
1f1. >(~~!l~'
W1.tness
-#-. ~ ij..,J~ J.tc-,
J es Hun'ter Herr
COMKONWEALTH OF PENNSYLVANIA""
COUNTY OF DAUPHIN
.
..
ss.
..
..
On this, the \S-\:~ day of ~,~~"- , 1991, before
me, a Notary Public, in and for said Commonwealth and county, the
undersigned officer, personally appeared JAMES HUNTER HERR, known
to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument and acknowledged that he
executed the same for purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
N01'~SEAL
CYNTHIA JEAN sPa..WIC,,.., PIMc
tWristug. DauphD CauAIJ
My Commission &piaApl&. ,.
JERRY R. DUFFIE
RICl-lARD W. STEWART
C. ROY WEIDNER, JR.
EDMUND G. MYERS
DAVID W. DELUCE
RALPH H. WRIGHT, JR.
DAVID J. LANZA
MARK C. DUFFIE
KEIRSTEN WALSH DAVIDSON
MICHAEL J. CASSIDY
ROBERT M. WALKER
JOHNSON, DUFFIRw;;~;ART & WEIDNERfllE COpy
A Professional Corporation
301 MARKET STREET HORACE A JOHNSON
P. O. BOX 109 OF COUNSEL
LEMOYNE, PENNSYLVANIA 17043~0109
WEBSITE: www.jdsw.com
TELEPHONE 717-761-4540
FACSIMILE 717-761-3015
E-MAIL mail@jdsw.com
WRITER'S EXT. NO. 15
E-MAIL dwd@jdsw.com
September 21, 2001
CERTIFIED MAIL
Mrs. Jean Devlin
1008 Crestwood Road
Philadelphia, PA 19115
Re: James Hunter Herr
Petition for Guardian
'"
II
I
Dear Mrs. Devlin:
Please be advised that I represent David F. Tamanini the power of attorney for James
Hunter Herr, to whom you are related. I have petitioned the Cumberland County Court to have
Mr. Tamanini appointed as the guardian of the property of Mr. Herr, and Michael Dockery and
Edward McCarthy as guardians of the person of James Hunter Herr. Enclosed herewith please
find the Petition for Guardian and a copy of the Preliminary Decree scheduling the hearing on
this matter for October 10, 2001 at 3:00 p.m. in Courtroom No.3 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
I am required by law to provide you with a copy of this Petition and Notice scheduling the
hearing. This is not a subpoena and you are not required to attend this hearing. If you have
any questions regarding this matter, please do not hesitate to contact me.
Very truly yours,
JOHNSON, DUFFIE, STEWART & WEIDNER
David W. DeLuce
DWD:kkm:149976
Enclosures
cc: David F. Tamanini (w/o encl.)
LAW OFFICES
fILE COpy
JERRY R. DUFFIE
RICHARD W. STEWART
C. ROY WEIDNER, JR.
EDMUND G. MYERS
DAVID W. DELUCE
RALPH H. WRIGHT, JR.
DAVID J. LANZA
MARK C. DUFFIE
KElRSTEN WALSH DAVIDSON
MICHAEL 1. CASSIDY
ROBERT M. WALKER
JOHNSON, DUFFIE, STEWART & WEIDNER
A Professional Corporation
301 MARKET STREET
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043..0109
WEBSITE: www.jdsw.com
HORACE A. JOHNSON
OF COUNSEL
TELEPHONE 717..761..4540
FACSIMILE 717..761..3015
E-MAIL mail@jdsw.com
WRITER'S EXT. NO. 15
E-MAIL dwd@jdsw.com
September 21,2001
CERTIFIED MAIL
Arthur Whiteman
1361 Hillside Road
Turboville, PA 19096
Re: James Hunter Herr
Petition for Guardian
Dear Mr. Whiteman:
Please be advised that I represent David F. Tamanini the power of attorney for James
Hunter Herr, to whom you are related. I have petitioned the Cumberland County Court to have
Mr. Tamanini appointed as the guardian of the property of Mr. Herr, and Michael Dockery and
Edward McCarthy as guardians of the person of James Hunter Herr. Enclosed herewith please
find the Petition for Guardian and a copy of the Preliminary Decree scheduling the hearing on
this matter for October 10, 2001 at 3:00 p.m. in Courtroom No. 3 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
I am required by law to provide you with a copy of this Petition and Notice scheduling the
hearing. This is not a subpoena and you are not required to attend this hearing. If you have
any questions regarding this matter, please do not hesitate to contact me.
Very truly yours,
JOHNSON, DUFFIE, STEWART & WEIDNER
David W. Deluce
DWO: kkm: 149976
Enclosures
cc: David F. Tamanini (w/o encl.)
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1;;~_:;; bcvLiN
I DO r ~JcE&:w"od koruL-
Pli LoeLk L p1U ~ l71 /1/ /5
2. Article Number (Copy from service label)
1DOD
Domestic Return Receipt
102595-9
D. Is deliv ry address different from it
If YES enter delivery address below:
3. Service Type
~ertified Mail
D Registered
D Insured Mail
D Express Mail
D Return Receipt fOI Merchc
DC.O.D.
4. Restricted Delivery? (Extra Fee)
D Ye~
b (p DODD 26553 (; O'S,tJ Li
LAW OFFICES
JERRY R. DUFFIE
RICHARD W. STEWART
C. ROY WEIDNER, JR.
EDMUND G. MYERS
DAVID W. DELUCE
RALPH H. WRIGHT, JR.
DAVID 1. LANZA
MARK C. DUFFIE
KEIRSTEN WALSH DAVIDSON
MICHAEL J. CASSIDY
ROBERT M. WALKER
JOHNSON, DUFFIE, STEWART & WEIDNER
A Professional Corporation
301 MARKET STREET
P. O. BOX 109
LEMOYNE, PENNSYLVANIA 17043-0109
WEBSITE: www.jdsw.com
HORACE A rOHNSON
OF COUNSEL
TELEPHONE 717-761-4540
FACSIMILE 717-761-3015
E.MAIL mail@jdsw.com
WRITER'S EXT. NO. 15
E-MAIL dwd@jdsw.com
September 17, 2001
Rochelle Dempsey
1002 W. Fifth Street
Lewistown, PA 17044
Nancy and Earl Rothfus
165 Valley Road
Lancaster, PA 17601
~ PETITIONER'S
I EXHIBIT
~. .f{tJV\
Deanne Fisher
332 Cottage Place
Lewistown, PA 17044
Alfred D. Whitman, Esquire
2226 Land Title Bldg.
Broad and Chestnut Streets
Philadelphia, PA 19110
Jeffrey Fisher
R.D.#2
Lewistown, P A 17044
Re: James Hunter Herr
Petition for Guardian
Dear Ladies and Gentlemen:
Please be advised that I represent David F. Tamanini the power of attorney for James
Hunter Herr, to whom you are related. I have petitioned the Cumberland County Court to have
Mr. Tamanini appointed as the guardian of the property of Mr. Herr, and Michael Dockery and
Edward McCarthy as guardians of the person of James Hunter Herr. Enclosed herewith please
find the Petition for Guardian and a copy of the Preliminary Decree scheduling the hearing on
this matter for October 10, 2001 at 3:00 p.m. in Courtroom No. 3 of the Cumberland County
Courthouse, Carlisle, Pennsylvania.
I am required by law to provide you with a copy of this Petition and Notice scheduling the
hearing. This is not a subpoena and you are not required to attend this hearing. If you have
any questions regarding this matter, please do not hesitate to contact me.
Very truly yours,
JOHNSON, DUFFIE, STEWART & WEIDNER
David W. DeLuce
DWD:kkm:149976
Enclosures
cc: David F. Tamanini (w/encl.)
ENDER .1PLETE THIS SECTION
. Complete ltems 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits. .
1. Article Addressed to:
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D. Is delivery address different from item 1? 0 Yes
If YES, enter delivery address below: D No
3. Service Type
9' Certified Mail
D Registered
D Insured Mail
D Express Mail
D Return Receipt for Merchandise
DC.C.D.
4. Restricted Delivery? (Extra Fee)
DYes
2. Article Number (Copy from service label) 1 b DC () , () D 0 b)'5 S 53 U O.s '1 /
102595-99-M-1789
Domestic Return Receipt
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Complete items 1, 2. and 3. Also complete
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
. Article Addressed to:
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If YES. enter delivery address below:
3. Service Type
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4. Restricted Delivery? (Extra Fee) 0 Yes
Article Number (Copy from service label) 1 b () b ~ ~ b 0 PO).-5 55 .3 ~ d If} hi
) Form 3811, July 1999 Domestic Return Receipt
102595.99.M.1789
. Complete items 1, 2, and 3, Also complete
item 4 if Restricted Delivery is desired,
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
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2. Article Number (Copy from service label)
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3. 'Service Type
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D Return Receipt for Marchand;:
DC.a.D.
4. Restricted Delivery? (Extra Fee)
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PS Form 3811 , July 1999
1 PbD bJ,OO ~~)S SS.s(p JS51
Domestic Return Receipt
102595-99-M-1'
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If YES, enter delivery address below: 0 No
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
3. Service Type
XL Certified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchanc
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
2. Article Number (Copy from service label) 10b P I (, ~o i ~; ~ S ~ -' /,p P 6 i /)
PS Form 3811, July 1999 Domestic Return Receipt
102595-99-M-1
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
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D. I de1lVery address different from item 1? 0 Yes
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4. Hestricted Delivery? (Extra Fee) 0 Yf
2. Article Number (Copy from service laOOO 1 (j 0 0 b /, 00 D 0;6 s j 3 (p ()5 S 3
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