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IN RE: GUARDIANSlllP OF
JAMES ALLEN RlllNEHART
: IN THE COURT OF COMMON PLEAS OF Sf. x,,~
: CUMBERLAND COUNTY, PENNSYLVANIA P,-l~ II ZOOt
: ORPHANS' COURT DMSION
: NO. t5J1-tJl - 7~~
. ~ DECREE
AND NOW, this ~ day of September, 2001, upon consideration of the
attached Petition filed, pursuant to 20 Pa.C.S. ~5513, it is hereby ORDERED AND
DECREED that, based on a finding that James Allen Rhinehart suffers from impaired
ability to reason and physically care for himself as a result of CV A with right hemiparesis,
respiratory failure due to brain stem injury, and asphasin, and is so severely mentally and
physically impaired that he is unable to make, communicate or participate in any decisions
relating to his estate or person, James Allen Rhinehart, is adjudged totally incapacitated.
Dawn R. Cummings is appointed Joint Emergency Temporary Guardian of the person
and estate of James Allen Rhinehart, and is appointed to manage and handle all aspects
of the alleged incapacitated person's estate, specifically including, but not limited to: all
issues relating to the removal and storing or handling of his personal property and issues
related to his prior tenancy at 653 South Main Street, Chambersburg, Pennsylvania; all
issues relating to payment of routine bills and other banking and savings account needs;
the maintenance of his life and other insurance of which he is an owner or beneficiary; his
entitlement to any governmental or non-governmental benefit plans; preparation and filing
of federal, state, and local taxes; claims made or to be made on behalf of him or against
him; the execution of documents, entry into contracts affecting him and the payment of
reasonable compensation or costs to provide services for him, including medical services.
In addition, the Emergency Temporary Guardian is appointed to handle all issues relating
to the person of the alleged incapacitated person, specifically including, but not limited to:
his living arrangements, his medical and psychiatric care, the administration of medication
to him, and the emploYment and discharge of physicians, psychiatrist, dentists, nurses,
therapists, and other professionals for his physical and mental treatment and care.
This Order shaU expire 72 hours from today's date unless extended pursJ to the
provisions of20 Pa.C.S. ~5513.
.
Esquire, is appointed as counsel for the
incapacitated person, James Allen Rhinehart, and shall be given notice of all future
proceedings in this matter.
J.
IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
: IN THE COURT OF COMM:ON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DMSION
: NO.
STATEMENT OF RIGHTS
AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN
ADJUDICATED A TOTALLY INCAPACITATED PERSON AND UNABLE TO
CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AND FINANCIAL
AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S
DECISION WITHIN TWENTY (20) DAYS OF THE DATE OF THE COURT'S
ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME
FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS, THE ORDER WILL
BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS AND THEY
ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR
COURT WITHIN TIDRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE
EXCEPTIONS.
IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME
TO MODIFY OR TO TERMINATE THE PLENARY GUARDIANSHIP IF THERE IS
A SIGNIFICANT CHANGE IN YOUR CAPACITY OR IF YOUR PLENARY
GUARDIAN FAILS TO PERFORM mS/HER DUTIES IN ACCORDANCE WITH
THE COURT'S ORDER.
IF YOU WISH TO FILE EXCEPTIONS TO OR FURTHER APPEAL THE
ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE
PLENARY GUARDIANSHIP, YOU MAY BE REPRESENTED BY AN ATTORNEY.
IF YOU DO NOT HAVE AN ATTORNEY, YOU MAY REQUEST THAT THE
COURT APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN
ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY
APPOINT WILL BE PROVIDED AT NO COST TO YOU.
IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: ORPHANS' COURT DMSION
: NO.
PETITION FOR ADJUDICATION OF INCAPACI1Y AND
APPOINTMENT OF AN EMERGENCY GUARDIAN
AND NOW, comes Dawn R. Cummings, by and through their counsel, Bradley L.
Griffie, Esquire, and petitions the Court as follows:
1. Your Petitioner is Dawn R. Cummings of 668 Heintzelman Avenue, Chambersburg,
Franklin County, Pennsylvania.
2. The alleged incapacitated person is James Allen Rhinehart, born August 5, 1951, who
is 50 years of age, is single, and is residing at the Shippensburg Healthcare Center,
Shippensburg, Cumberland County, Pennsylvania, where he has resided since Aprill,
2001.
3. The following persons are, to the best of Petitioners' knowledge, information and
belief, the next-of-kin of the alleged incapacitated person: Dawn R. Cummings
(daughter) of 668 Heintzelman Avenue, Chambersburg, Franklin County,
Pennsylvania, and Michelle I. Rhinehart (daughter) of Texas (specific mailing or street
address unknown).
4. To the extent known by Petitioner, the assets of the alleged incapacitated person
include: (1) personal property presently or formerly located at a former apartment
rented by the alleged incapacitated person at 653 South Main Street, Chambersburg,
Franklin County, Pennsylvania; (2) a checking account at Allfirst Bank with an
unknown, but minimal, balance; (3) employment benefits from the alleged
incapacitated person's prior employment with Oliver Oil Company.
5. Petitioners estimate the alleged incapacitated person's gross weekly income to be
$420.00.
6. The alleged incapacitated person has received payments from his employer since his
incapacity in the net amounts of $310.05, $353.48 and $310.04, which are being held
by Petitioner.
7. The alleged incapacitated person has received a tax refund from the Internal Revenue
Service (IRS) in the amount of $831.00, which is being held by Petitioner.
8. The alleged incapacitated person is not a member of the armed services of the United
States and is not receiving benefits from the United States Veterans' Administration.
9. The alleged incapacitated person is incapacitated due to a CV A with right hemiparesis,
respiratory failure due to brain stem injury, and asphasin; correspondence from the
alleged incapacitated person's treating physician is attached hereto and incorporated
herein by reference as Exhibit "A".
10. Because of James Allen Rhinehart's present medical condition, he suffers from
impaired ability to reason and physically care for himself
11. Because of his mental/physical condition, the alleged incapacitated person is totally
unable to manage his financial affairs, property and business and to make and
communicate responsible decisions relating thereto, including the ability to
communicate his need for assistance in these areas.
12. The severity of the alleged incapacitated person's mental and physical condition and
the lack of viable, less restrictive alternatives necessitate that a Emergency Temporary
Guardian of his estate be appointed to manage and handle all aspects of the alleged
incapacitated person's estate, specifically including, but not limited to: all issues
relating to payment of routine bills and other banking and savings account needs; the
maintenance of his life and other insurance of which he is an owner or beneficiary; his
entitlement to any governmental or non-governmental benefit plans; preparation and
filing of federal, state, and local taxes; claims made or to be made on behalf of him or
against him; the execution of documents, entry into contracts affecting him and the
payment of reasonable compensation or costs to provide services for him, including
medical services.
13. The severity of the alleged incapacitated person's mental and physical condition and
the lack of viable, less restrictive alternatives necessitate that a Emergency Temporary
Guardian of his person be appointed to handle all issues relating to the person of the
alleged incapacitated person, specifically including, but not limited to: his living
arrangements, his medical and psychiatric care, the administration of medication to
him, and the employment and discharge of physicians, psychiatrist, dentists, nurses,
therapists, and other professionals for his physical and mental treatment and care.
14. Petitioner is not aware that the alleged incapacitated person signed any power of
attorney or advance health care directives or in any other way designated anyone to
serve as his agent over any of his personal or financial affairs or as his surrogate over
his medical care, nor that he designated in writing his wishes with regard to health
care, including the use or refusal of life-sustaining treatment.
15. The alleged incapacitated person has no independent recollection of his assets,
property, debts or liabilities, nor any independent recollection of all of his family
members, but has expressed to Petitioner and legal counsel his desire to have
Petitioner serve as the Guardian of his person and property.
16. The alleged incapacitated person is single and has two children, namely, Dawn R.
Cummings and Michelle I. Rhinehart, as previously identified and these are the alleged
incapacitated person's only next of kin; therefore, the proposed Emergency Temporary
Guardians of the person and estate of the alleged incapacitated person is Dawn R.
Cummings, as Michelle I. Rhinehart resides in Texas and consents to this appointment.
17. The proposed Emergency Temporary Guardian has no interest adverse to the alleged
incapacitated person.
18. The consent of the proposed Emergency Temporary Guardian is attached as Exhibit
"B" .
19. As indicated in the treating physician's report, the alleged incapacitated person has
been unable to communicate since approximately April 1, 2000 1 and, due to the fact
that his capacity is as a result of a stroke, there is no means to determine when and if
the alleged incapacitated person may be in a position to handle his own affairs.
20. It is the position of your Petitioner, the proposed Emergency Temporary Guardian, to
have the within guardianship appointment approved on an emergency basis, to be
extended as permitted by law by further Petition, if necessary, and ultimately, to be
entered as a plenary guardianship following hearing.
21. Delinquencies developing in the alleged incapacitated person's financial affairs, as well
as the need to make medical decisions and decisions on the day-to-day care of the
alleged incapacitated person necessitate the entry of an Order providing for an
Emergency Temporary Guardian.
22. The appointment of an Emergency Temporary Guardian is the least restrictive
alternative available in this case, particularly in light of the inability for the medical care
providers to give an exact prognosis relative to the alleged incapacitated person's
ability to manage his affairs in the future.
23. Your Petitioner has received pay checks, federal income refund checks and similar
financial disbursements that are due to the alleged incapacitated person and cannot
endorsed or processed, according to the banking institution with whom Petitioners is
dealing, without the appointment of Guardianship and the checks are in jeopardy of
becoming stale.
WHEREFORE, Petitioners request your Honorable Court to enter an Order
adjudging James Allen Rhinehart to be incapacitated and appointing Dawn R. Cummings
tas Emergency Temporary Guardian of the person and estate of the said James Allen
Rhinehart for a period of 72 hours, to be extended as permitted by law.
Respectfully submitted,
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE: ?-( 1-0 I
tll1Y\ Q. ~~~
DAWN R. CUMMINGS
SEP 14 '01 12:51PM
P.2
HEALTH CARE CE~TER
121 Walnut Bottom Road
Shippensburg, PeMSylvania
17257-9005
(717) 530-8300
FAX (717) 530-8304
TTY 1.800.654-5984
September 14, 2001
Bradley L. Griftle
Griffie and Associates
200 N. Hanover Street
Carlisle, P A 17013
Dear Mr. Griftie,
As per the capability form completed following Mr. James A Rhinehart's 04-11-01 admission to
Sbippensburg Health Care Celmer, I feel he is not capable of makinS decisions about his medical
care or fmances.
A Mini Mental Status Evaluation, completed during May, 2001 J reflects significantly impaired
orientatio1\ impaired long and short tenn memory, and impaired d.ecllion making skiUs. Due to
aphasia, every effort was made to facilitate communication with Mr. JithiDehart during the mental
status evaluation, inoluding the use of special communication devices and the participation of the
spccch therapist,
Diagnosis related to mental status includet CV A with right hemiparesis, respiratory failure due
to brain stem injuryt and aphasia, Althouah Mr. Rhinehart hu received extenaive rehab service"
progress has been limited related to the severity of brain injury. He continues to require total
assistance with activities of daily living and decision making. Prognosis related to mental status
is poor.
Sincerely,
y~,
Y opa Balhara. M.D.
Exhibit "1("
SEP 14 '01 12:52PM
P.3
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ShippeZ1Sburg H=1th C~e CtQter
MINI ~!.ENT AL STATUS TEST :..
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Date 5,/,30/01
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SEP 14 '01 12:53PM '.
SHIPPENSBURG HEALTH CARE CENTER
PATIENT'S ABILITY TO UNDERSTAND
RIGHTS AND RESPONSIBILITIES
(Statclnent concerning ~i8ning of documents by resident or third party)
NAME: ~ Jt1dnt.1
. Rb lIne.- ~f
J>A TE:
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Above named residen.t appears capable of understftnding informatiol; contained on
documents and forms and \-vill be signing all pa.perwork, except to the extent that
resident has allthorited Another individual to aCl as his/her attorney-tn-fact.
Above nnnued resident appears capable of understAnding information contained On
documents ftnd forms but CAnnot physicnll)' e~ecute n signftt\.lre.
Reason for inability to physicnlly sign papers:
~
Above nnrn-ed resident appea($ incapuble of \,u,derstftnding an)' information
contained on documents and will not sign, blzt will hilve responsible third pArty
sign nil pap~I'\\'orJ.;.
RCClSOll (or being ir\capaole of understal\dil\~; :s p
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SEP 14 '01 12:54PM
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HEALTH CAR~ CENTER
12 I \\'aln\lt Bottom Road
Shippensbura, Pennsylvania
1 12S7.9005
(717) 530.8300
FAX (717) 530-830*
Try 1.S00.654.!9S.4
Shippensburg Hearth Care Center may release any part of my medical record pertaining
to care and medical treatment I have received while 8 RESIDENT of the facility. Thi,s
Information may be released to the following person or
agenCY:R~~ A/l4Q j.tUFAE .
~
. c77M?.1i8 (; ~ AH.fA.l..5Y...,~
RESIDENT Signature . -'. . Date t.; - J ~ -tU
Witness Signature~ ,a.m~~~~"';,t~)Date q - J.~ _"I
Witness Signature 9-r ~b_'l41:i. SD~IJ.L ~'YIf6Dale q - 1..3 -01
II' I ,;JJn.k~,}atI"L-
CONSENT OF GUARDIAN OF THE PERSON AND ESTATE
I, Dawn R. Cummings, hereby consent to act as the Guardian of the Person and
Estate of James Allen Rhinehart
I reside at 1576 Pin Oak Drive, Chambersburg, Franklin County, Pennsylvania.
I am a citizen of the United States of America and can speak, read, and write the
English language.
I have no interest adverse to James Allen Rhinehart, the alleged incapacitated
person.
~H)1\ ~IMW\~At~
DAWNR. C GS
COMMONWEALTH OF PENNSYL VANIA :
COUNTY OF CUMBERLAND
On this the / ~ day of ~i1~r ,2001, before me, the undersigned
officer, personally appeared Dawn R. Cummings, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within Agreement and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~~ 9 _d1xLjUl~ J
Notarial Seal
Robin J. Goshorn. Notary Public
Carlisle Boro, Cumberland County
My Commission ExpiJl8s Apr. 17, 2003
Exhi~}:1t '~B II
.,
IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
: IN THE COURT OF COMM:ON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA SEP ~ 6.l,.}.,!~01
: ORPHANS' COURT DMSION 1\ II I
: NO. 21-01-862 / I' \.
v~
ORDER OF COURT AND RULE TO SHOW CAUSE
yAV
AND NOW, this ). 7 day of ~~~1, upon presentation and
consideration of the within Petition for Adjudication of Incapacity and Appointment of
Permanent Guardian, a Rule is hereby issued upon James Allen Rhinehart to show cause,
if any he has, as to why he should not be found to be an incapacitated person.
. Rule returnable at a h~~, to be held on In nt~ . the ,!:day of
dh?;~ , 2001, at y" 3.t).,~ ,"clock, ./1::;m., in Courtroom No. J..., of
the Cumberland County Courthouse, Carlisle, Pennsylvania.
Order of Court and Rule to Show Cause shall be served upon James Allen
Rhinehart by serving his attorney of record, Michael A. Scherer, Esquire.
BY THE COURT,
?tJ.
cc: Bradley L. Griffie, Esquire
Attorney for Petitioner
Michael A. Scherer, Esquire
Attorney for James Allen Rhinehart
IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DMSION
: NO. 21-01-862
IMPORTANT NOTICE
TO: James Allen Rhinehart
c/o Michael 1. Scherer, Esquire
A petition has been filed with this Court to have you declared an
Incapacitated Penon. H the Court finds you to be an Incapacitated Person, your
rights wiD be affected, including your right to manage money and property and to
make decisions. A copy of the Petition which has been filed by Dawn R. Cummings is
attached.
You are hereby ordered to appear at a hearing to be held in Courtroom #_,
of the Cumberland County Courthouse, Carlisle, Pennsylvania, on , the
day of , 2001, at o'clock, _ .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.
H the Court decides that you are an Incapacitated Penon, 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.
H the Court finds you are totaDy 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.
PENDING the hearing in this matter, our Order of September 19, 2001, naming
DAWN R. CUMMINGS as Emergency Temporary Guardian is extended for an additional
twenty (20) days pursuant to 20 Pa.C.S. 15513.
BY THE COURT,
Date:
Clerk, Orphans' Court
, .
IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-01-862
STATEMENT OF RIGHTS
AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN
ADJUDICATED A TOTALLY INCAPACITATED PERSON AND UNABLE TO
CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AND FINANCIAL
AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S
DECISION WITIllN TWENTY (20) DAYS OF THE DATE OF THE COURT'S
ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME
FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS, THE ORDER WILL
BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS AND THEY
ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR
COURT WITIllN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE
EXCEPTIONS.
IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME
TO MODIFY OR TO TERMINATE THE PLENARY GUARDIANSHIP IF THERE IS
A SIGNIFICANT CHANGE IN YOUR CAPACITY OR IF YOUR PLENARY
GUARDIAN FAILS TO PERFORM mSIHER DUTIES IN ACCORDANCE WITH
THE COURT'S ORDER.
IF YOU WISH TO FILE EXCEPTIONS TO OR FURTHER APPEAL THE
ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE
PLENARY GUARDIANSHIP, YOU MAY BE REPRESENTED BY AN ATTORNEY.
IF YOU DO NOT HAVE AN ATTORNEY, YOU MAY REQUEST THAT THE
COURT APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN
ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY
APPOINT WILL BE PROVIDED AT NO COST TO YOU.
, .
IN RE: GUARDIANSHIP OF
JAMES ALLEN RmNEHART
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: ORPHANS' COURT DMSION
: NO. 21-01-862
PETITION FOR ADJUDICATION OF INCAPACITY AND
APPOINTMENT OF AN EMERGENCY GUARDIAN
AND NOW, comes Dawn R. Cummings, by and through her counsel of record,
Bradley L. Griffie, Esquire, and petitions the Court as follows:
1. Your Petitioner is Dawn R. Cummings, an adult individual currently residing at 668
Heintzelman Avenue, Chambersburg, Franklin County, Pennsylvania.
2. The alleged incapacitated person, James Allen Rhinehart, was born on August 5, 1951
and is 50 years of age, is single, and resides at Shippensburg Healthcare Center,
Shippensburg, Cumberland County, Pennsylvania.
3. The following persons are to the best of Petitioner's knowledge, information and
belief, the next-of-kin of the alleged incapacitated person: Dawn R. Cummings of 668
Heintzelman Avenue, Chambersburg, Franklin County, Pennsylvania [daughter[ and
Michelle I. Rhinehart of Texas (specific mailing address unknown) [daughter].
4. An Emergency Temporary Order was entered on September 19, 2001, a copy of the
said Decree and Petition being attached hereto and incorporated herein by reference as
Exhibit" A" .
5. The alleged incapacitated person has been a resident of the Shippensburg Healthcare
Center in Shippensburg, Cumberland County, Pennsylvania, since April 1, 2001 and
has been incapacitated since that time, being unable to provide for his basic needs.
6. The report of Yogindra Balhara, M.D., dated September 14, 2001, was provided to
support Petitioner's prior Petition to secure an emergency temporary guardianship
Decree, a copy of said report being attached hereto and incorporated herein by
reference as Exhibit "B".
7. Pursuant to 21 Pa.C.S. ~5513, an extension of the 72-hour emergency Order is
necessary for an additional 20-day period in order to allow for the Emergency
Temporary Guardian to maintain the personal and financial needs of the alleged
incapacitated person.
8. Based upon the medical recommendation, Petitioner requests that a permanent
guardian be named and that a hearing be scheduled for purposes of taking testimony, if
necessary, in order to allow for the naming of a permanent guardian.
9. The Court has appointed Michael A. Scherer, Esquire, as counsel for the alleged
incapacitated person, James Allen Rhinehart.
10. The facts recited in Petitioner's initial Petition for Adjudication of Incapacity and
Appointment of An Emergency Guardian remain as set forth in that Petition, which is
attached hereto as Exhibit" A".
WHEREFORE, Petitioner requests your Honorable Court to extend the 72-hour
emergency temporary guardianship naming and appointment Dawn R. Cummings as said
guardian for an additional 20-day period and to schedule a hearing in this matter to
detennine the appropriateness of naming of a permanent guardian.
Respectfully submitted,
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
\ ,I) It ~
;'\r((c \) K, [(Ultjl(U~
DAWN R. CUMMINGS '
t
'9; J~ ~r) I
DATE:
Sfp 1
f. 9~trtu~
IN RE: GUARDL~~SHIP OF
JALVfES ALLEN RHINEHART
IN" THE C01JRT OF COM1tfON PLEAS OF
CUMBERLA1"\ID COUNTY, PENNSYLVANIA
ORPHANS' COLTRT DIV1SION
~O.
DECREE
Al'.j1) NOW, this
l ~ ,.
J"' i."I. ....
day of September, 2001, upon consideration of the
attached Petition filed, pursuant to 20 Pa.C.S. 95513, it is hereby ORDERED Ai'ID
DECREED that, based on a finding that James Allen Rhinehart suffers from impaired
ability to reason and physically care for himself as a result of CV A with right hemiparesis"
respiratory failure due to brain stem injury, and asphas~ and is so severely mentally and
physically impaired that he is unable to make, communicate or participate in any decisions
relating to his estate or person, James Allen Rhineh~ is adjudged totally incapacitated.
Dawn R. Cummings is appointed Joint Emergency Temporary Guardian of the person
and estate of James Allen Rhinehar4 and is appointed to manage and handle all aspects
of the alleged incapacitated person's estate, specifically including, but not limited to: all
issues relating to the removal and storing or handling of his personal property and issues
related to his prior tenancy at 653 South Main Stree~ Chambersburg, Pennsylvania; all
issues relating to payment of routine bills and other banking and savings account needs;
the maintenance of his life and other insurance of which he is an owner or beneficiary; his
entitlement to any governmental or non-governmental benefit plans; preparation and filing
of federal, state, and local taxes; claims made or to be made on behalf of him or against
~ the execution of documents, entry into contracts affecting him and the payment of
reasonable compensation or costs to provide services for ~ including medical services.
In addition, the Emergency Temporary Guardian is appointed to handle all issues relating
Exhibi t II All
to the person of the alleged incapacitated persol\ specifically including., but not limited to:
his living arrangements, his medical and psychiatric care, the administration of medication
to l1ir1\ and the employment and discharge of physicians, psychiatrist, dentists, nurses,
therapists, and other professionals for his physical and mental treatment. and care.
This Order shall expire 72 hours from today's date unless extended pursuJ to the
provisions of20 Pa.C.S. 95513.
} I '.. - i- . ,
i
\ '..
J Esquire, is appointed as counsel for the
incapacitated person. James Allen Rhinehart, and shall be given notice of all future
proceedings in this matter.
BY THE COURT,
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u~I.:2.."""")-'1 Cumberland Count-I
. \
IN RE: GUARDIANSHIP OF
JA.\1ES ALLEN RHThBfART
: IN THE COURT OF CO~fON PLEAS OF
: CillvfBERLAJ."\4TI COlJNTY, PDiNSYL VAl~1A
: ORPHANS' COURT DMSION
: i'iO.
STA TE~IENT OF RIGHTS
A1'I ORDER HAS BEEN ENTERED \VHEREBY YOU HAVE BEEN
ADJlTDICA.TED A TOTALLY INCAPACITATED PERSON AJ."TI UNABLE TO
CARE FOR YOURSELF AND/OR ~fANAGE Y01JR PERSONAL A..~1) FINA.~CL>\L
AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COL""RT'S
DECISION WITHIN" TWENTY (20) DAYS OF THE DATE OF THE COtJ""RT'S
ORDER IF YOU FAll.. TO F~E EXCEPTIONS, THE ORDER \VILL BECOME
FINAL. IN THE EVENT THAT YOU ~ EXCEPTIONS, THE ORDER WILL
BECOME FINAL. IN" THE EVENT THAT YOU FILE EXCEPTIONS AND THEY
ARE DB-f'IED, YOU HA VB A RIGHT TO FILE AJ.'l APPEAL TO THE SUPERIOR
COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE
EXCEPTIONS.
IN ADDITION, YOU MAY PETITION THE COCRT AT ANY FUTURE TIME
TO MODIFY OR TO TERNfiNATE THE PLENARY GUARDIANSHIP IF THERE IS
A SIG~CA1'IT CHANGE IN YOUR CAPACITY OR IF YOlJR PLENARY
GUARDL~'I FAILS TO PERFO&\1 mS/HER DUTIES IN ACCORDANCE WITH
THE COlJ""RT'S ORDER
IF YOU 'NISH TO Fll..E EXCEPTIONS TO OR FURTIIER APPEAL THE
ORDER OR TO PETITION THE COURT TO ~fODIFY OR TER.\-fIN"ATE THE
PLENARY GUARDIANSHIP, YOU MAY BE REPRESENTED BY A1~ ATTO&~cY.
IF YOU DO NOT HAVE AN ATTORNEY, YOU !vfAY REQlJEST THAT THE
COLTRT APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT ~,;;'fORD A1'I
ATIO&~tY, THE SERVICES OF AN AITO&~"EY WHOM THE COURT ~fAY
APPOINT Wll...L BE PROVIDED AT NO COST TO YOU.
IN" RE: GUARDlANSffiP OF
JAi.'v1ES ALLEN RHIN""EHART
IN THE COURT OF COrvt\fON PLEAS OF
ClTh-fBERL.Al'ID COlJNTY, PENNSYL V A1~1A
ORPHANS' COURT DIVISION
: NO.
PETITION FOR ADJUDICATION OF INCAPACI1Y'" AJ.'\TD
APPOINThIENT OF AN E~IERGENCY GUARDL~'f
.Au'll) NOW, comes Dawn R Cummings, by and through their counsel, Bradley L.
Griffie, Esquire, and petitions the Court as follows:
1. Your Petitioner is Dawn R. Cummings of 668 Heintzelman Avenue, Chambersburg,
Franklin County, Pennsylvania.
2. The alleged incapacitated person is James Allen Rhinehart, born August 5, 1951, who
is 50 years of age, is single, and is residing at the Shippensburg Healthcare Center,
Shippensburg, Cumberland County, Pennsylvania, where he has resided since April!,
2001.
3. The following persons are, to the best of Petitioners' knowledge, information and
belief: the next-of-kin of the alleged incapacitated person: Da~ R. Cummings
(daughter) of 668 Heintzelman Avenue, Chambersburg, Franklin County,
Pennsylvania, and Michelle 1. Rhinehart ( daughter) of Texas (specific mailing or street
address unknown).
4. To the extent known by Petitioner, the assets of the alleged incapacitated person
include: (1) personal property presently or formerly located at a former apartment
rented by the alleged incapacitated person at 653 South Main Street, Cbambersburg,
Franklin County, Pennsylvania; (2) a checking account at AlIfirst Bank: with an
unknown, but minimal, balance; (3) employment benefits from the alleged
incapacitated person's prior employment ~ith Oliver Oil Company.
5. Petitioners estimate the alleged incapacitated person' 5 gross weekly income to be
$420.00.
6. The alleged incapacitated person has received payments from his employer since his
incapacity in the net amounts of $310.05, $353.48 and $310.04, which are being held
by Petitioner.
7. The alleged incapacitated person has received a tax refund from the Internal Revenue
Service (IRS) in the amount of $831. O~ which is being held by-Petitioner.
8. The alleged incapacitated person is not a member of the armed services of the United
States and is not receiving benefits from the United States 'l eterans' Administration.
9. The alleged incapacitated person is incapacitated due to a CV A with right hemiparesis,
respiratory failure due to brain stem injury, and asphasID; correspondence from the
alleged incapacitated person's treating physician is attached hereto and incorporated
herein by reference as Exhibit "'A".
10. Because of James Allen Rhinehart's present medical conditio~ he suffers from
impaired ability to reason and physically care for himself
11. Because of his mental/physical condition, the alleged incapacitated person is totally
unable to manage his financial affairs, property and business and to make and
communicate responsible decisions relating thereto, including the ability to
communicate his need for assistance in these areas.
12. The severity of the alleged incapacitated person's mental and physical condition and
the lack of viable, less restrictive alternatives necessitate that a Emergency Temporary
Guardian of his estate be appointed to manage and handle all aspects of the alleged
incapacitated person's estate, specifically including, but not limited to: all issues
relating to payment of routine bills and other banking and savings account needs; the
maintenance of his life and other insurance of which he is an o~ner or beneficiary; his
entitlement to any governmental or non-governmental benefit plans; preparation and
filing of federaL state, and local taxes; claims made or to be made on behalf of him or
against him; the execution of documents, entry into contracts affecting him and the
payment of reasonable compensation or costs to provide services for him, including
medical services:
13. The severity of the alleged incapacitated person's mental and physical condition and
the lack of viable, less restrictive alternatives necessitate that a Emergency Temporary
Guardian of his person be appointed to handle all issues relating to the person of the
alleged incapacitated person, specifically including, but not limited to: his living
arrangements, his medical and psychiatric care, the administration of medication to
~ and the employment and discharge of physicians, psychiatrist, dentists, nurses,
therapi~ and other professionals for his physical and mental treatment and care.
14. Petitioner is not aware that the alleged incapacitated person signed any power of
attorney or advance health care directives or in any other way designated anyone to
serve as his agent over any of his personal or financial affairs or as his surrogate over
his medical care, nor that he designated in writing his wishes with regard to health
care, including the use or refusal of life-sustaining treatment.
15. The alleged incapacitated person has no independent recollection of his assets,
property, debts or liabilities, nor any independent recollection of all of his family
members, but has expressed to Petitioner and legal counsel his desire to have
Petitioner serve as the Guardian of his person and property.
16. The alleged incapacitated person is single and has two children, namely, Dawn R
Cummings and Michelle 1. Rhineha.rt, as previously identified and these are the alleged
incapacitated person's only next of kin; therefore, the proposed Emergency Temporary
Guardians of the person and estate of the alleged incapacitated person is Da-wn R.
Cummings, as Michelle 1. Rhinehart resides in Texas and consents to this appointment.
17. The proposed Emergency Temporary Guardian has no interest adverse to the alleged
incapacitated person.
18. The consent of the proposed Emergency Temporary Guardian is attached as Exhibit
"Bn.
19. As indicated in the treating physician's report, the alleged incapacitated person has
been unable to communicate since approximately April 1, 20001 and, due to the fact
that his capacity is as a result of a stroke, there is no means to determine when and if
the alleged incapacitated person may be in a position to handle his own affairs.
20. It is the position of your Petitioner, the proposed Emergency Temporary Guardi~ to
have the within guardianship appointment approved on an emergency basis, to be
extended as permitted by law by further Petition, if necessary, and ultimately, to be
entered as a plenary guardianship follo\Ving hearing.
21. Delinquencies developing in the alleged incapacitated person's financial affairs, as well
as the need to make medical decisions and decisions on the day-ta-day care of the
alleged incapacitated person necessitate the entry of an Order providing for an
Emergency Temporary Guardian.
22. The appointment of an Emergency Temporary Guardian is the least restrictive
alternative available in this case, particularly in light of the inability for the medical care
providers to give an exact prognosis relative to the alleged incapacitated person's
ability to manage his affairs in the future.
23 . Your Petitioner has received pay checks, federal income refund checks and similar
financial disbursements that are due to the alleged incapacitated person and cannot
endorsed or processed, according to the banking institution ~th whom Petitioners is
dealing, without the appointment of Guardianship and the checks are in jeopardy of
becoming stale.
WHEREFORE, Petitioners request your Honorable Court to enter an Order
adjudging James Allen Rhinehart to be incapacitated and appointing Dawn R Cummings
as Emergency Temporary Guardian of the person and estate of the said J ames Allen
Rhinehart for a period of 72 hours, to be extended as permitted by law.
Respectfully submitted,
~ ~e, Esquire
'_ .. ~ for Petitioners
2J)(),:North Hanover Street
jCaflisle, P A 17013
(717) 243-5551
(800) 347-5552
v~RIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE: 9~ /1..(- () /
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\ ^, t 1 ;y 1 k' LU..h\rt\ Ux) tJ
DA WN R. CUMMINGS 0
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HEALTH CARE CE:-':TER
12l \Valnut Bottom Road
Shippe:1sburg, Pen....lSYivania
17257-9005
(717) 530-8300
FAX (717) 530-8304
TTY 1-800-654-5984
September 14, 2001
Bradley L. Griffie
Griffie and Associates
200 N. Hanover Street
Carlisl~ P A 17013
Dear Mr. Griffie,
As per the capability form completed following Mr. James A. Rhinehart's 04-11..01 ad.mission to
Shippensburg Health Care Center, I feel he is not capable of making decisions about his medical
care or fmances.
..A" ~fi.o.i Mental Status Evaluation, completed during May, 2001, reflectS significantly impaired
orientation, impaired long and short term memory, and impaired decision making skills. Due to
aphasia, every effort ~ made to facilitate communicaticn with Mr. Rhinehart during the mental
status evaluation, including the use of special communication devices and the participation of the
sp eech therapist.
Diagnosis related to mental status includes CV A with right hemiparesis, respiratory failure due
to brain stem injury, and a.phasia. Although ~tr. Rhinehart has received extensive rehab servic:esy
progress has been limited related to the severity of brain injury. He continues to require total
assiSWlce with activities of daily living and decision making. Prognosis related to mental status
IS 'oor.
.
Sincerely,
~iG~ ,
Ycgindra BaJ.har~ M.D.
Exhibit ''It''
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SHIPPENSBURG HEALTH CARE CENTER
PATIENT'S ABILITY TO Ui'iDERSTAND
RIGHTS AND RESPONSIBILITIES
(Stacement concerning ~igning of documents by resident or third party)
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A:,ove named resident appears cnpable of unde("st~.f'I,dir.g inform?tton ccr.:ained on
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resident has aLlthcriz.ed another individLlal to act ~s his/her attorney-in-fact.
Above named resident appeol's capable of u~d~rstanding rn formation contained on
docl:ti'.~nts and forms but cannot physically e.'~ecu:e n signat\.lr~.
R.eason for inability to physicnl1y sig:'l pai'ers'
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Above nnm-ect :"e~idenc appeCl(~ inc.1p:\b!e of \.lI,derst~ndlng any information
c\)ncaincd en documents nnd wtll not sign. b~:t will h;we respcnsibl~ third part}'
sign n!l pnp~l.work
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HEALTH CARE CENTER
12 1 \\'a.lnut Bottom Roac
Shippertsburg, Per.nsyivania
r 7257-9003
(717) 530..8jOO
FAX (117) S30-830~
TTY \ .SOO.65~..S9S~
Shippensburg Health Care Center may release any part of my medical record pertaining
to care and medical treatment I have received whilQ a RESIDENT of the facility. Thi,s
information may be released to the following person or
agenCY:/I~E9 MAIO ?I?JFrll~:.
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RESIDENT s;gnature . . , i7 .-,. ~ I . Date q - )?, -(!J[
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tf' I ~n.k~.}c"'__
CONSENT OF GUARDIAN OF THE PERSON AND ESTATE
I, Dawn R. Cummings, hereby consent to act as the Guardian of the Person and
Estate of James Allen Rhinehart
I reside at 1576 Pin Oak Drive, Chambersburg, Franklin County. Pennsylvania.
I am a citizen of the United States of America and can speak, read, and write the
English language.
I have no interest adverse to James Allen Rhinehart, the alleged incapacitated
person.
COMMONWEALTH OF PENNSYL VANIA :
COUNTY OF CUMBERLM1JJ
On this the / <;~ day of ~rk,'~ r ,2001, before me, the undersigned
officer, personally appeared Dawn R. Cummings, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the within Agreement and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~:. J' 7;/
, K--J1-'-"- J ,LL-Jt.4i. .l-", -<
Notarial Seal
Robin J. Goshorn. Notary Public
Cartisle Bore, Cumbertand County
My Commission Expires Apr ".7,2003
Exhibit ~B"
SC:P 1 L . '7112: 51PM
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HEALTH CARE CE:':TER
12: \Vainut Bottom Road
Ship;Jensburg, Pen."\Syivania
17257 -9005
(717) 5 30-8300
F.A..-"X (717) 530-8304
TTY 1-800-654-5984
September 14, 2001
Bradley L. Griffie
Griffie and Associates
200 N, Hanover Street
Carlisle, P A 17013
Dear:Mr. Griffie,
As per the capability form completed following Mr. James A. Rhinehart'.j 04-11-01 admission to
Shippensburg Health Care Center, 1 feel he is not capable of making decisions about his medical
care or fma.nces.
A ~fin.i Mental Status Evaluation, completed during May I 2001 t reflects significantly impaired
orientation, impaired long and shott term memory, and impaired decision making ilills. Due to
aphasia, every effort Wa3 made to facilitate communicaticn with rvtr. Rhineb.art during the mental
status evaluation, including tbe use of special communication devices and the participation of the
speech therapist.
Di.a.gnosis related to mental status includes CV A with right hemiparesis, respiratory failure due
to brain stem injury, and aphasia. Although:Mr. Rhinehart has received extensive rehb se.'"Vices,
progress has been limited related to the severity of brain injury. He continues to require total
assistance with activities of daily living and decision making. Prognosis related to mental status
is noor.
.
Sincerely,
litt~ .
. ~
y ogiadra Balhar~ M.D.
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SHIPPENSBURG HEALTH CARE CENTER
PATIENT'S ABILtTY TO UT'iDERSTAND
RIGHTS AND RESPONSIBILITIES
(Statement concerning ~ignii1g of documents by resident or third pa:1y)
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A:,ove named resident appears cnpable of underst1\r\dir.g informadcti cor.cain~d C i
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:-esiden: 11<1$ a~ithcdz.ed nnother i:'dividLlal to act as his/her a:tor:1ey-in.facr.
Above named resident appears capable ot\mderscanding rnforma~ion concainec! on
docw-r...:nts t\nd forms but CAtlnot physically e.,<ecute ft sigl)"t\.lr~.
R.eason for inability to physicnlly sig:'1 papers~
~
Aoove ni1m~d :'~sident appears in~'p:\b!e of \,il,derstanding an)' informacion
contained en docu:~~~nts nnd will not sign. b\.:t will hitve respcnsible third part)'
sign n!l pnptl~"or~
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HE.-\LTH CARE CENTER
121 \A;'alnut Bottom Road
Shippensburg. Per.ns:,lvania
! 7257.9005
(7l7) 530.S300
FAX (7l7) S30..g3Q~
Tn' \ -300-65-4..59'5':'
Shippensburg Health Care Center may release any part of my medical r~ccrd pertaining
to care and medical treatment I have receivea whilQ a RESIDENT of the facilfty. This
information may be reta8sed to the following person or
agency://>kA.i)Et/ iMA~ j/tJPPler .
~
. c7M?.(fiS , ~ .AVI/.lJ8I-9AT-
RESIDENT Signature -",' ( Date q - ) ~ -~l
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Witness Signature L 111Yi . f.L1..mmuj,(2 (i.lA1..If}{. N=;,. ) Date. 0/ - ):3 -If) j
Witness Signature s;::z,l ~4-rA /;~ S D <U "-~ .:i:e'"..-t'~11:E Date q - I ~ ;-01
tf' I ~n.k~.}c~_
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IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
: IN THE COURT OF COMMON PLEAS OF nrc 1 ., l.tJfJl
: CUMBERLAND COUNTY, PENNSYLV ANlA ~
: ORPHANS' COURT DMSION
: NO. 21-01-862
ORDER OF COURT
AND NOW, this I~ day of December, 2001, upon presentation and
consideration of the within Petition for Continuance, the hearing previously scheduled in
the matter for Monday, October IS, 2001, at 9:30 a.m. is rescheduled to :lrn/~odtJ
the / 9-tJ day of VUP' 1lLVI~ . 2oo/.., at ...?:.3 0 0' clock, 12m. in
Courtroom Number ~ in the Cumberland County Courthouse, Carlisle, Pennsylvania.
Service to be made upon counsel for Respondent, James Allen Rhinehart, by first class
mail, postage prepaid.
BY TIIE COURT,
J.
cc: Bradley L. Griffie, Esquire
Attorney for Petitioner
Michael A Scherer, Esquire
Attorney for James Allen Rhinehart
lJrl"'~;-~~'-'
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IN RE: GUARDIANSIDP OF
JAMES ALLEN RHINEHART
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DMSION
: NO. 21-01-862
PETITION FOR CONTINUANCE
AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and petitions the Court
as follow:
1. Your Petitioner is Bradley L. Griffie, Esquire, Attorney of Record for Dawn R.
Cummings, the Petitioner of record in the above captioned action.
2. Petitioner, Dawn R. Cummings, has filed a Petition for Adjudication of Incapacity and
Appointment of an Emergency Guardian in the above captioned action, which resulted
in the entry of an Emergency Order dated September 19, 200 1.
3. Upon the filing of the Petition for Adjudication of Incapacity and Appointment of
Permanent Guardian, a Rule was issued upon the Respondent, James Allen Rhinehart,
to show cause, if any he had, as to why he should not be found to be an incapacitated
person and why a guardian should not be appointed, a copy of said Petition being
attached hereto and incorporated herein by reference as Exhibit "A".
. Pursuant to the Petition, a Citation with Notice was issued upon the Respondent,
James Allen Rhinehart, scheduling a hearing on the Rule and the Citation for October
IS, 2001 at 9:30 a.m. in Courtroom Number 3 of the Cumberland County
Courthouse, a copy of said Citation with Notice being attached hereto and
incorporated herein by reference as Exhibit "B".
Due to the unavailability of the primary physician for Respondent and the inability to
lave his personal or telephonic testimony, the hearing did not take place as scheduled.
. "-
6. Petitioner herein has finally been able to coordinate a time frame in which the
Respondent's primary physician can be available to testify by telephone on the issue of
the Respondent's incapacitation, which continues to this date.
WHEREFORE, Petitioner requests your Honorable Court to reschedule a hearing
in this matter, at which time the proposed Guardian will be present to provide testimony in
person and the primary physician for the Respondent will be available to present testimony
by telephone relative to Respondent's condition.
Respectfully submitted,
GRIFFIE & ASSOCIATES
e, squire
or Petitioner
North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
. "'-
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C. S.
Section 4904, relating to unsworn falsification to authorities.
DATE:
&. ..
IN RE: GUARDIANSHIP OF
JAi\1ES ALLEN RlIDltHART
IN THE COURT OF CO~fM:ON PLEAS OF
CillvfBERL~~U COUNTY, PENNSYL V ~lA
ORPHANS' COURT DMSION
: NO. 21-01-862
ORDER OF COURT A~1) RULE TO SHOW CAUSE
AND NOW, this cJ7t1..day of S"f:h~, 2001, upon presentation and
consideration of the within Petition for Adjudication of Incapacity and Appointment of
Permanent Guardian, a Rule is hereby issued upon James Allen Rhinehart to show cause,
if any he has, as to why he should not be found to be an incapacitated person.
Rule returnable at a hearing to be held on ~ ' the ,~tJ.. day of
F)~ ,2001, at q: 30 o'clock, !L.m., in Courtroom No. ~ of
the Cumberland County Courthouse, Carlisle, Pennsylvania.
Order of Court and Rule to Show Cause shall be served upon James Allen
Rhinehart by serving his attorney of record, Michael A Scherer, Esquire.
BY THE COURT,
ISI \E;!o~ t. W~
P 1.
cc: Bradley L. Griffie, Esquire
Attorney for Petitioner
Michael A Scherer, Esquire
Attorney for James Allen Rhinehart
lEX""'" A
" ....
I}; RE: GUARDIANSHIP OF
JA..\1ES ALLEN RHINEHART
IN THE COURT OF COMMON PLEAS OF
ClJ}"fBERLA1~1) COUNTY, PDlNSYL V AL"\ITA
ORPHAl'iS' COURT DIVISION
NO. 21-01-862
INIPORTANT NOTICE
TO: James Allen Rhinehart
do ~fichael 1. Scherer, Esquire
A petition has been filed with this Court to have you declared an
Incapacitated Person. IT 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 Da~n R Cummings is
attached.
You are hereby ordered to appear at a hearing to be held in Courtroom #_,
of the Cumberland County Courthouse, Carlisle, Pennsylvania, OD , the
_ day of , 2001, at o'clock, _ .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.
H 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.
H 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.
II. ...
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.
PENnING the hearing in this matter, our Order of September 19, 2001, naming
DAWN R. CUMMINGS as Emergency Temporary Guardian is extended for an additional
twenty (20) days pursuant to 20 Pa.C.S. ~5513.
BY THE COURT,
Date:
Cler~ Orphans' Court
IN RE: GUARDlAL"'J"SHIP OF
JAi\1ES ALLEN RHINEHART
: IN THE COURT OF COJ\fMON PLEAS OF
: CillvfBERLAND COlJNTY, PENNSYL V AJ.~1A
: ORPHA1'1S' C01JRT DI\-lSION
: NO. 21-01-862
STATEMENT OF RIGHTS
Ai'I ORDER HAS BEEN ENTERED VlHEREBY YOU HAVE BEEN
ADJUDICATED A TOTALLY INCAPACITATED PERSON Ai~n UNABLE TO
CARE FOR YOlJRSELF Al~TI/OR MANAGE YOUR PERSONAL AJ.'ID FINfu"\;CIAL
AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COlJRT'S
DECISION WITHIN T\VENTY (20) DAYS OF THE DATE OF THE COl}RT'S
ORDER. IF YOU FAll. TO FILE EXCEPTIONS, THE ORDER WILL BECOME
FINAL. IN THE EVEN! THAT YOU Fll..E EXCEPTIONS, THE ORDER Wll..L
BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS AND THEY
ARE DENIED, YOU HAVE A RIGHT TO FILE AJ.'f APPEAL TO THE SUPERIOR
COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE
EXCEPTIONS.
IN ADDITION, YOU MAY PETITION THE COURT AT A1'fY FUTURE TIME
TO MODIFY OR TO TERMINATE THE PLENARY GUARDIANSHIP IF THERE IS
A SIGNIFICANT CHA1'IGE IN YOUR CAPACITY OR IF YOuR PLENARY
GUARDIAN FAILS TO PERFORM mS/HER DUTIES IN ACCORDANCE WITH
THE COURT'S ORDER.
IF YOU WISH TO FILE EXCEPTIONS TO OR RJRTIIER ,APPEAL THE
ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE
PLENARY GUARDIAi'ISHIP, YOU MAY BE REPRESENTED BY AN ATTORi'fEY.
IF YOU DO NOT HAVE AJ.'I ATTORNEY, YOU MAY REQUEST THAT THE
COURT APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN
ATTORJ.'fEY, THE SERVICES OF AN ATTORNEY WHO?vf TIIE COURT MAY
APPOINT WILL BE PROVIDED AT NO COST TO YOU.
IN RE: GUARDIANSHIP OF
JAL'\1ES ALLEN RHL.'IEHART
IN THE COURT OF COMMON PLEAS OF
CillvfBERLAND COUNTY, PENNSYL V AL'ITA
ORPHA1~S' COURT DMSION
NO. 21-01-862
PETITION FOR ADJUDICA nON OF INCAPACITY Al~D
APPOINTMENT OF AN EMERGENCY GUARDIA.J.~
A1'-41) NOW, comes Dawn R. Cummings, by and through her counsel of record,
Bradley L. Griffie~ Esquire, and petitions the Court as follows:
1. Your Petitioner is Dawn R. Cummings, an adult individual currently residing at 668
Heintzelman Avenue~ Chambersburg, Franklin County, Pennsylvania.
2. The alleged incapacitated person, James Allen Rhinehart, was born on August 5, 1951
and is 50 years of age, is single, and resides at Shippensburg Healthcare Center,
Shippensburg, Cumberland County, Pennsylvania.
3. The following persons are to the best of Petitioner's knowledge, information and
. .
belief, the next-of-kin of the alleged incapacitated person: Dawn R Cummings of 668
Heintzelman Avenue, Chambersburg, Franklin County, Pennsylvania (daughter( and
~chelle I. Rhinehart of Texas (specific mailing address unknown) [daughter].
4. An Emergency Temporary Order was entered on September 19, 200 1, a copy of the
said Decree and Petition being attached hereto and incorporated herein by reference as
Exhibit ~'A".
5. The alleged incapacitated person has been a resident of the Shippensburg Healthcare
Center in Shippensburg, Cumberland County, Pennsylvania, since A~pril 1, 2001 and
has been incapacitated since that time, being unable to provide for his basic needs.
6. The report of Yogindra Balhara, M.D., dated September 14, 2001, was provided to
support Petitioner's prior Petition to secure an emergency temporary guardianship
Decree, a copy of said report being attached hereto and incorporated herein by
reference as Exhibit "'B".
7. Pursuant to 21 Pa.C.S. ~5513, an extension of the 72-hour emergency Order is
necessary for an additional 20-day period in order to allow for the Emergency
Temporary Guardian to maintain the personal and financial needs of the alleged
incapacitated person.
8. Based upon the medical recommendation, Petitioner requests that a permanent
guardian be named and that a hearing be scheduled for purposes of taking testimony, if
necessary, in order to allow for the naming of a permanent guardian.
9. The Court has appointed Michael A. Scherer, Esquire, as counsel for the alleged
incapacitated person, James Allen Rhinehart.
10. The facts recited in Petitioner's initial Petition for Adjudication of Incapacity and
Appointment of An Emergency Guardian remain as set forth in that Petition, which is
attached hereto as Exhibit "A".
WHEREFORE, Petitioner requests your Honorable Court to extend the 72-hour
emergency temporary guardianship naming and appointment Dawn R. Cummings as said
guardian for an additional 20-day period and to schedule a hearing in this matter to
determine the appropriateness of naming of a permanent guardian.
Respectfully submitted,
e, Esquire
~~~tti tney for Petitioners
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE:
9,. J~ -()1
.(. ) / .. . ~
/1 (L/'"j I ^ . L eLl; ~ j /'Z-r.. '/,' 1'~ .-/)
DAWNR CUMMINGS
--'
o ~: G 1..- _~R.D L.1.... ',"" SHIP 0 r
J4~.rES ALLE~ ~~~S-\...~T
~ THE COCRT OF CO:\~10:-; PLE.~ OF
Cl.;~fBS~A_'-"D COC:-..TI? ?D:-;Sr1.. V_~'-.LA.
ORPK-\..'\;S' COCRT Dr\1SIO~
'''',-.
.... ,-",.
DECREE
A... ".. TI ~ 0 \V , t.l:is
day or September, 200 I, upon consideration ~f the
ar.2c::ed Pe:ltlon Bled, ~U!'sua.-:! :0 :C P3..C.S. S55:3, it is hereby ORDERCD :~'-.TI
DECRE~D :'1a:, based en a. ti-:cffig tr.a: James A.Hen Rhinehart ~=er5 :rom ir::::ai.ree
~~:::-i :-0 "~a.5""r. 3.J.-d ohvs~-allv ,~~..~ ::"'r. '..;-.-:e:.j:' "H' ~ "Q.;:"i! ",,-' ("v- \ .),,~-'.., ";C'r,~ n'.I.em;-~r'=-s~'
...;.,.,.;.:...".... .. 1. '- ,,~ .1 . ;.1.... .J -...w.J. '"" ..U . J..-..w.....J ...... Q.;) ~ ".....,J"'-4. V1 .'l. J._ l J.:-.... ..u.:",..... .t..,~
res;i....--atcry fuilure due to brain Stem inj1.~.ry. and asphasm, and is 50 sever-ely mentally and
physically impaired :hat he is ur.able to make, communicate or parJcipa:e in any de-.::sioIlS
re:a~T1g to his estate or person, James Allen Rhinehart. is adjudged tcuily inc3.p3.4..~ed.
Dawn R. Cummings is appointed Joint Emergency Temporary GuarCian of the person
aIle ~state of James Allen Rhinehart, a..~d is appointed to manage and handle all lSpects
or -:.~ alleo.:>>d ;nea~'1.'-;-'7t~..~ 1"Ie"""'n's ~~J.-e ;:'"ecifie~i1" :_~l~'~:--a .....t.:. ..."...t I:~;.,.~.... -""'\. all
_.."" =_ U :",<.io~....--......... r-. .. ~\"J ow .. ,;. , w~ .........." U..""-i"-"'''-i.''u'J..:"'' U ... ..L.'-' lr...U.J..L.4~lW~.v.
;;;::~.~~ ..~1~~1ra -0 ~:"e .....-."'''al ~1"IA .:-on'-a or .....,rc.l~-a "'r- '.,;;: ...~....s~n':l: """I"','"",\"""<-"ll '1"'~ ;~;:u.:l.s
"'...,w.......1IIJ 1 '-"..&.i........= ~ I..~ 1. \w.........u " :J..4...U- ""'''' ........= l.1.Q..L..L 4...L...1...Io= U ........., ~ ""-. \",t .... ~ l ....., ~ "'-A..., .........'- ...J~ 'w
rela:ed to his prier tenancy at 653 Sc~th ~1ain Str~t. Chambersour~ Pennsyi...,-acia; ail
isSl.:es relatL."'1g to payment of routine bills and other banking and savings a.ccount ~eed5;
the :naintenance of his life and other insurance of wIDell he is an O~1!er or beneficia.-y: his
entitlement :0 any gove::,x:entll or non-governmental :ene5t ?lans: ~reparation ane filing
of federaL State, and local taxes; ciauns made or to be made on behalf of him or ~~ainst
him; the execution of dOC'..lIIlents~ entry into contractS aff~~g him and the payment of
reasonable compensation or co~s to provide services for ~ including medical se.~ices.
In addition, the E:nerge:;.c:~' T ec:porary Guardian is appointed :0 b.a..~~le all issues relating
Exhibit "A"
.) f.- l~
. ~'2~'~-
.
to the person of:ne alleged incapacit.lted pers0r~ speeJical1y incluCic: bt;t ~ct liTi:ed to:
his uvr.::g arr~~ge:nents! his r::ec..:cal arlc ps:y'c:-..la:nc cue! the ad~;~is-~;tion cf m~~;:ation
to ~~
a::d
~~~
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employcent a::d
Cls~::arge or ;;n::s4c:ans~
9S:iChi~::-:s:,
cer:::~s.
:crses.
Ulerapl~S, and other professionals for his physical and ~er:tal treatil:e~: 3.J."1d care.
!
I
This Order shall expire j1 hours from today's cate unless eXtended pursuant ~o the
. . f...., p c c: ......,
pr0\":Sicns c.. _'J ... a. ....;1. j)) ;,..:.
1:' ':Cl 'ir~ 1S aT".... ~oL...l!ed 1..5 counsel :cr t,,~e
..i.....l-J .. ~ ...... ..
inC2.paciuted perso~ James Allen Rhineh3~ and shall be g;.ve:l :.otlce of a2l :unrre
proceedings in this matter.
BY r.riE COL"RT,
J.
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:r-.i RE: GL~.~mL~~S~:I? OF
J :\... \, E S A;' T -;=).i R...~ t..... ":{ A....~ T
IN THE COCRT OF CO~[\fO:-; ?!..E..~S O?
CL~ffiStU...;..':D COL~l"'r", ?~~SrL V.~'.1.A
ORPE..~~S' COCR7 Df\ lSIC~..-;
):0
STA TE)rE?'fT OF RIGHTS
_~'.; ORDE....~ HA.S BEl:.~ D 1 c..~ =n i;"1E:<. =:i Y YO;:'''' :-:.A. v"'E 3~.c~
.-8 IL j) r C.A. iED .-\ TO:-.~ Y 1),' C.-\.P .-\C IT.-\ 1SJ P =:...~S 0 ~ :~.2<':) :. ~.-8 L.=: TO
C.,;?~ Z:CR YOLKSEL? .~",TI;OR ~LA-~AGE YOLK ?=~SO~.-\:.. ..:...),L) f"C';.~:CL\L
:\J:-r:~S YOC H.A~" 1: THE RiGhi TO FiT -= E(C2TIO~S 70 7:-fE COr..LZT'S
D.....C~-~O'-- i.I~-r'l\.~ ~.....,-.-.",. ....0' D Y- OF ~.....- D' --.- 0- -~ CO~~"""'S
. t:. .i. ~.i. _.... 'II; ... .. rti... ... 1-' r:...;. "l .L 4 (...;. ) j A ~ ~ U...J..C .""\.1 ~ .:- 1 :-L::. L =".1
ORDL~ Ir YO\; F.U TO FILE EXCEPTIO~"'S~ T:-1E ORDE.~ ~';1I...L BECO~fE
F"IN..-\L. ['.- rrlE E\ B1 T:~-\T YOU mE 'F'XC1:..PTIONS, TI-:=: ORDER ";o;1LL
BECO~(E FD-rAL. IN" r1""':E E'/E'."'T TIL.i..T YOU FTI F E."XCl:YTIO~S A..~TI BEy"
ARE D8.l:ED, YOU HA y~ A RiGHT TO FIT FA."\; APPE.AL TO THE SL"'PEUOR
COl~T \1lITHL'i rdIRTY (30) D.A.YS OF THE DATE OF THE DD1..-\L OF THE
EXLdTIO~S.
1); .-\DDmON, YOU ~fA. Y PETITION THE COCRT AT .J....."-,:. FLTt.JRE lifE
I
TO ~fODIFY' OR TO TER.\fINATE THE PI ~.A.R:t Gl...A.RDIA'isr-:IP IF rdERE IS
.-\ SIG~1FICA..~i CH.~"\;GE IN YOCR CA.PAcm~ OR IF ~{OCR P~ARY
Gl:.~DL~'i F:~..ILS TO PERFOR..\.-f HIS/HER DeTIES ['; ACCCRDA....'iCE 1;"1Tli
THE COC~T.S ORDER.
r: YOC \\1SH TO FTT F" EXC-.::.PTIOi\"S TO OR FLKT:~ ~:<.. .\PPE.-\L THE
ORDE...~ OR TO PETITION TPJ.-t. COURT TO ~fODL.=Y OR L::....-<...\~,ATE iHE
pr E'i.-\..~ Y GUARDL\;.,\;SHIP, YOc- ~L-\ Y BE REPRESBiED BY _A..'i .~ITOR-'-.tY.
IF YOC 00 ~OT HAVE A.i'i A.ITOR..';El:~, YOU ~f.~y REQt:cST T:-i.A.T rrlE
COl"'RT A..PPO~l O:NE TO REPRESThl YOU. IF YOU C.-\..~:-;OT .~t"ORD k~
ATIOR-""E~", THE SE.~v1CES OF A..~ ATIOR..."\"EY ~rtO~f TE- COL"RT :\L.~y
..-\.PPO~l '~1LL BE PROvIDED AT ~o COST TO Yoe.
.
L"i- RE: Gl...~1li)L-0;SEIP OF
J A..\' fE S Ai T 2'-i R..~!:.HA.R T
~ TIiE COl~T OF CO;\f\fO~ PLEAS OF
Cl. :\ fB S1U-A... ~1) CO L ~ iY. ? 2'.").'- S '"'!1.. V .~~1A.
ORPH.~'.;S' COl~T DIY1S:C:-':
:--; 0 .
PETITION FOR AD.rC"DICA nON OF L'iCAPACITY A_ ~l)
APPOf.',~fE~l OF A~ E:\ITRGE~CY GI"ARDL~_~
.~~TI "':-~-O\V, comes Da~i: R. CU.!:".;.nllngs. by 2w'1d t..~ough L'-:e:: :.cunseL BraC:ey :....
Gr.5e. Esquire, and petitions the Court as follov.'s:
1. Y cur Petitioner is DaVi1l R. Cummings of 668 Eeinuelw.a.n A',"e::;,,:e~ Ch.a.mbersbt::g,
Franklin County, Pennsytvania
:. The alleged incapacitated per~n is James Allen RbinehafT.. bon ..~.llg'.lst 5, 1951, who
is 5 I) years of age, is single, and is residing at the Shippensct::g Eea1t.~care Center,
Shippensburg, 'Cumberland County, Pennsylvania., where he ~ resided since AprJ I,
:001.
.J. The fclio\1.i1ng persons are, to the best of Petitioners' bowieege. i.nrormarion and
belier: tne ne.xt.or:kin of the alleged incapacitated person: Da~n R. Cum.r::ll..ngs
( daughter)
of 668
Heintzelman .\ venue,
Chambersbur~
r i"ankIin
C auntv
~ ,
PenIl.:))'lvania, and ~fichelle I. Rhinehart (daughter) of Texas (SFCC=~c mailing or mee!
address ~'own).
4. To the e..""Cent knovin by Petitioner, the assets of the ailegee incapacitated perscn
include: (1) personal property presently or formerly located a: a former apar-~~ent
rented by the alleged incapacitated person at 653 South ~fain Screet, Chambersburg,
Franklin County, Pennsylvania; (2) a checking account at ..~ i1~1"'st Bank ~ith an
~__:.c..~:~;..~ b.:~ rr~"1i.~..al, bal:?I:ce~ (3) emplcyme:lt ber:e5t5 !:"om the alleged
i..:.ca;,aci:.:..:e~ :e:-scn s ;:ricr ~:::plo~-::1~:l~ .~~~ O~~II'er ('11 CCG:;:~:"'.
,
P e~i::.: ::e~s
eS:~r:1a:~
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6. 1 ~e a2leged mcacacit3.:ed person has received payments t:Or:1 rus e:::plcyer SJ...~ce his
i.::c::..~~'::::/ h~ :~:: !:~r ~-::Ci...l~!3 cr- S3 1 ~r.:j.5.
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by ?e~:::cner
i. i ne i.le~ed incapaci!3.!ed pe:scn has :ece:vec a :2..:< :e:i.u:d from d:e L~ternal Reven~e
Ser"ice (IRS) in me amount of 5831.00-, which is ~eing held by P entia ne:.
8. 1 ne alleged incapacitJ.!ed penon is :lot a membe: of :he armed ser",1ces of the l:nited
,......~s :::-~ TS Mot r~Ql"":-a t..e~e';'.s .::..o~ .~e -LT"';"~ ;:::...._~!p.s "t,.~......~.....~." ".CO . -"C1'~"'.;.~.!l'st""'''_-,,,,':on.
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I
9. The alleged incapacitated person is incapaci!a!ed due to a CV'A Vtith rig..iJ! hemi~aresis,
reS~l.f:;.:orj
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rall11re
due :0
1... .
'...iram S!~m tr.]ur:/.
aJ~C
::.s~hzsin.: cOr7espcncence rr.:m the
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.........."w:.w"'- ~. ....:-'~......"...._'w.... r'''''. ~'- ., ~ .... ......---=
pC.YS1Cl:l:. :s 3.~J.ched G,e!"eto
3...~C inco~oraLed
he:-e~ cy r.efe:ence as Ex..1ibi! ... A..!".
10. Bec:u.:.se of James ..iJlen Rhinehart's present =ecic~ conciric~ he suffers from
imDai:ed ability to reascn and physically C2!'e for :ri.T~e!f
11. Bec~us~ of his mentaL~hysical condition. the alleged incapacit3.ted ~er50n lS :otaily
:':"''1a.bie to
manage r:rs ~.,ancial afairs,
1"'rone~' and cusffiess
l' :' ....:
and
to
make a.~d
corn.~urucate responsible decisions reiating thereto, including the ability. to
communicate his n~ :Or assisu.llce in these areas.
11. .1. r:.e seventy of the alleged incapacita.ted perscn' 5 mental and physical condition and
!:le la:k of viable, less :-estrictive alternatives necessitate that a E=:ergency T e~pora.-f
r_ , ~ ,..".:; _ ...
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ITl3.J..ntena.-:ce of his fu""e a.."1~ OL.1e: insurJ..."1ce of '~'i:ic~ he lS 1:1 O~"TIe: or benencia.-:;: his
e:uitlement :0 any gove:7ill1enral or non-goverr.;.!:le:n.:.l be::eiit pians: pre?araLlCn a::d
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the
~ay~er:t of re3.Sonable cbrnpensarion or ccs:s :c ;rovide services :or nL.ll. lIlc.:.:c.mg
medical services,
13. The severity of the alleged i:1capacluted person' 5 mental a..,,"1d physical condition ~"1d
rl:e lack of .v1:ible, less res-::.wve alternatives necess.t:lte L."lat a Er::erge:lcy T empcrary
Guardia..'1 of his person b~ appointed to handle all issues relating to the person or the
all~ed i..~c~:acit3.ted ~er3c~ specific~y i.r1cluci;:g:, OU! net ili-ci-;:ed to: his ~\.1ng
a.-:-~"1gese:::.s,
cis cec.:Cal a.I:a psychia::ric care.
--~
.......
aC!T"1""1srratioc. of medica~cn to
n~m. ~,,:d the employment a...-:d discharge of physicians, psycma....:St, denti~s, ::urses.
:he:-3.pW~ a!:.a other professionals fur his physical !.o"1d meI:!~ rreatnlent and care.
1..1. Peti~cner 45 not aware that r...'1e alleged incapaciw.ted person sig:1ed any power of
a::~r:1ey or advance he31tl1 care directives or m a::y other way designated anyone to
se:-..'e ~ his agent over a.::y of his personal or ~TJ~"lcial afllis or as his surrogate over
his medical care, nor that he designated in writing his wishes ~ith regard to health
care, including the use or refusal of life-sustaining ::eatment.
15. The alleged iJ1Ca~aci:a:ed person has no incie~endent recollec:ion of his assets,
property, debts or liabilhies, nor a...'y independe~t recollecJon or ail or his :a..r~ly
':nembers, out has eX;iressed to ?eritioner and legal counsel his desire to have
P.:.T:.:O...'::O'... -e......~ ',;: .~.:o G'01j~-r=;an o.I.-'~;-= ",:,"-""n an"'; ...r.,c.:o........
.-......~4l. iJ.'-.'::' .---'t.-J'..!.J.\w ~~~ .....J.Jr"-...)o\..;J. ~~ \.....&''-._~.,.
1 is The allege:: :nc.:.pa6~!ed perscn is 5L~gle and has r.;;o childre:t. :-..a..ne.y. Da~-n R.
C~~i.-:gs 3.4C :\ficheile L Fu1inehar-~ as pre"iously icentiEed anc :'~es.e are the :.Jegee
ilcapacit.:ued person'.5 orJy next of:~ t.~erefore, the proposed E:ner~ency T em~or3.ry
{-_._,....:;.~-- ---~ ~~~ ~....... ....-".: ~~.3 .......r- .!-.:. ~l' ~.....;!~ --'"2-';.':2.,3"'; -~....--.T' '- D--- ?"'\
~ _..:.. _.._.;:) \... ~.u"" :"e. .)Dn ar.~ est_..... \,J ...I.... ~eg....... .....c..:.:".......1._.._'- :'..... ~h 1;:) ":'''...:\..
C:..L.ThT~"1g5. as :\fichelle L Rhinehar: resides tn T eXJ.S a.~d ~~nsents :~ d-.is .lppoL.'1::~lent.
17. 7::e crcccsed Emergencv Tempcr::rr Guardian has no interest ad.....e:se to the ~e2ed
i .. ~ *' ...
incapacitated person.
18. The censent of the proposed Emergency Temporary Guardian is ar..ached as Exhibit
..;.B'~.
19. As indicated in the treating physician's repo~ the alleged incapacitated person has
been unable to communicate since approxiInately .-\pril 1, 2000 1 3-L~~ due to the fact
:iar his capacity is as a result of a make, there is no means to d.etermine when and if
:te alleged incapacitated perSQn lT~Y be in a positicn to handle his ov.,-n aifairs.
:0. It is the position of your Petitioner, the proposed Emergency T ~rary Guar~ to
have the ~ithin guarciian.ship appointment approved on an emergenC:l basis~ to be
ex:e~ded as ;Jermined by law by furJ1er Petition, if ner....essary, and ultimately, to be
e~tered as a plenary gt..lat"dianship following hwu:g.
2 i.. Delinquencies developing in the alleged incapacitated person's fiLancial affairs, as well
as the need to make medical decisions and decisions on the day-to-day care of :he
alleged incapacitated person necessitate the entry of an Order pro....iding for an
Emergency T er:lporary Guardian.
"""~. -
, .::e
!~poi..'1unent
of a.'1
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the
1 ezst
r es-~-i C'"j.y' e
::~.::.,...,.,'1~~..'':O a"":l;bo' ll~!1l' ~h;S c':l~e' P'1~iC'II~_i"1:n liC':"- -.,:.:,,~ ;~~~lli'~;~' f......r .'n.::. "-''::'~;'-'11 -~r'"
__"'-..Ir....'--...:..;""".,~~ '-' -"'....l ~, "'-'....~~..}u ~....\..il....1....._.~ I._'II...U U'w...l.l\w~~\,.,.dJ,,-
;::-c\riders !O gIve an exac: prCg:!:OSlS re~atlve to
.~~
'.... . '-
alleged
~-:c.:.paciuted
;;erson s
?bill!)" :0 rnar23e his aifairs in ~~e f-lr-..lre.
:3 y ~ur Petitioner has received pay ..:necks, federal h~come reii.!..r.d che-.:k3 and 3~411Iar
- . .
- ..... ~.., ...... ~ I
_._.4\"'~"""
disburseme~ts ~'12.! a:e cue :0 ::le alleged i1q,;:~c::.1:eC
:erS0n :.nd :~.::Zlct
:::corsed or process~~ according to the J~'1..1.ili"'lg ~"1s-.in;ticn ';'1L.'1 ',;.,;ncm ?etiticners :5
:~~l~ng., ~it.hout the appoinrment or"' Guardiansbip and :he checks are in jeopardy or
:~ming stale.
Vt1-fEREFORE, Petitioners request yeur Honorable Cour: to enter an Order
ad;..:dgi:lg James .-\llen Rhinehar: to be incapacitated and appcinting Dav-ll R. CUZO..nllngs
as ~mergerlcy Temporary Guardian of the person and estate or the said . James Allen
R~;-ehan: for a period of 72 hours, to be extended as permittee by law,
Respea:3..illy subI:"jn~
/G~~~'\S5aeu..TES
/ /)0/)//
/M" - ' eYi..:. Griffie., E~uire
I A",- " , . -,
~.~~y for P~ririoners
'~~:Nor~~ Hanover Stree:
- Ca:riisle~ PAL 7013
(-, '"1) ~ ~... - - - 1
/.1 ..:....;-~~):..
(800) 347-555:
,.
\ t:RIF1C.-\ TIO:\
I \.e~f:/
that the
5u:e~e:lts
made
:n
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toregl):.."'lg
co cum en:
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'-. -'-
ana
:orre::.
U:lc.e:-s~~d mat false s~ate::le::!s herein are ;::nace 5ubjecr :0 r.::e penalties or L 3 Pa.C.S. ~e~::c::
~91=:":'. :-e~..:.:ir:g :0 ~.lr15\V0r:1 :.::':5~::ca:ior:s :c ..:.'..:tr.c:-::ies.
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S~~ber 1.1, 1CC 1
3~aCl:y :... G::e.~
G:---=e a::~ AS.5cciar:es
:S8 ~. H.:.=o~.~ St.~~
Ca::isle! PAl iC 13
Dea: ~!r. c::r;...:ie,
.~ per :he capability for=: completed following ~1r. J~f"\.> A. 1th~e.hart:.; 04- I 1-01 ad:ni3sicn !C
Shippensbcrg Health Care Center, I feel h~ is :lC~ capa:Ie of ~g d~..sioD..3 about his me&~
care or !maI!c~s.
.0\ ~fini ~!ental Sta..~s Evaluation, c~mpleted during ~i!y, 2001, retlec-...s si~j~cULtiy impair:d
cr:etrt.t::c!"J., impaired. tong and shoet term mer:lory, and ~paire.d decisio: making iClls. Due to
ap~ia, every effiJrt ~-a.s made to facil~ CCIlln!1..lIlicatic:l wit.b. ~fr. Rhineb..art d'rJ~.L:6 =~ ~e:lt!l
s~=.:s ~a1.:J~t:C:l, inclu";i~~ cile use of special ccmmu:lication de"i~ceS and :b.e ?aricipa-icn of tb..e
,. .
5~~':' ~ra~lst.
Di~-r-sis re.i.a.teci ~ z::e:.tal st~~s inci~des CY A wiili ~ght he=::paresis! r:spira-tory fai:~re due
to o~-L:: r~rn injury, a.:ld t;)l1asia. Althccg.O. ~tr. R:llne::~ has ~v-ed ex:en!iv: re~~~ >e..~ces~
prc~ has ceen ii!'r,1t~C related to the severity cf b:~ inju.'!. He COC-=~ to r~~ tetal
a.s.:~;e ~~-:b activities of daily liv.ing and decision ,....::t~~.,g. F:,~g:lOsis :=lat--d :0 =~~i ~.JS
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PA T[E~'T\5 ABILITY TO t::"":r::RSTA~D
F.1GSTS A~'D RESPO~Sr:E::"'TT!E3
(S:?::i:"~~: c~.:-:ce;.n~~g 5ig:'".i~; cf :cc~~~::~s ~y i~5::~:':: c:- ::...i:-: ;;~:-:y)
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Shippensburg Healtr: Care Cer;ter may release any part of my mecie<:! record pertaining
to cars and medical treatment I have rscsivea whitQ a RESIDENT of the facility. This
inicr:7:aticn may be releas;.::j to t":e follOlving perscn or
ager.:y:/1~.AiJEtI iiI'~4) ()/?--1F.::'/ ~ .
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CO~SE~T OF GUARDl.\.N OF THE PERSON A~1) ESTA IT
I, Dav.,ll R. Cwr..rnings, hereby consent to aCt as the Guardia:: of the Pers.:n a.'1C
ES"'l.3.te or James ..iJlen RhL.'1enart
I reside at 1576 Pin Oak Drive. Chambersbur~ Franklin County. PerL.'1sylvaz:ia.
I arn a citizen of the Cnited States of AIner1w c....."1C carl spe.:...~_ re.:.c. 3..r~c v.,~i:e the
English lan~..lage,
I nave no interest adverse to James PJ.len Rhinehart, the
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auegea
incapa.::tated
person.
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CO~L\fON""\VtAL TH OF PEN"NSYL V,A.l~1.A.
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COT.;NT~{ OF Cu1vrnERLA1~TI
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On this the /. 'l1JJ day of
~ !- f
; J ,1-W I 1~"; ,-
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, 2001, before me, the unde:-signed
o!:cer, personally appeared Da\A1I1 R. Cuwmings, ~10'.;1. TI to me (or sa.risfac:orily ~roven)
to be the person whose name is subscribed to the \\tithin Agreement and acknov.-iedged
that she executed the same for the purposes therein contained.
I.\i \VIDCSS \VI--::EREOF, I hereunto 5et mv na..1"ld and official se.al.
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0-== a.:.~ .A.3scciates
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Cc::.isle, PA 17013
De~ :\fr. Griffie,
4~ ;er :"1e capability feel ccmplet~d fuilo"W1ng ~1r. J3'-""5 A. 3 :~:~..;..,~~t,; 04- I 1-01 ~~jlJ3ic.n to
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c~e or ~ances.
A :..fini :Vfental Sta:-..lS E;"'aluaticu, compl:t:d dur~ ~~y, 2C01, ':~JeC"'..s si~i5C~ri7!:: i.!::1pai:ed
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a9!:.3.5i~ every e:!crt ~ made to facilit.ate comnnmica!icn wr"::: ~1r_ R'n;~;=o;,art cr.Jt...ng ~e ::lental
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IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
NCt'" ':, - ORPHANS' COURT
NO. 21-01-862
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'
BRADLEY L. GRIFFIE, 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 C'DI'OBER 15 ,200L-, at 9:30 ~.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 ~nable 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 GU8r<1:ian requested.
\ \ \ \ i' Iii I Ii:
By: n,CMu.. ~. ~~;.P.B.~....1;;..
Clerk, (\)rphans' Coj.J~pivision , .~
Cumberland Coun~, Carlisle, PA
My Commission E~r8. " st Monday,.:
January, 200L . ~
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DATED: OCTOBER 11,2001
C!_
IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-01-862
ORDER
AND NOW, this
I 'J ~ day of December, 2001, at the request of counsel for the
petitioner, hearing in the above matter set for December 19,2001, is continued to Friday,
January 18, 2002, at 1 :30 p.m. in Courtroom Number 4, Cumberland County Courthouse,
Carlisle, P A.
BY THE COURT,
.
Bradley Griffie, Esquire _ rY\r" 0 D /10
For the Petitioner II ~Ol
Michael A. Scherer, Esquire nilr I . n ../ j
For James Allen Rhinehart .- I f0L~
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IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-01-862
ORDER
AND NOW, this
17 J day of December, 2001, at the request of counsel for the
petitioner, hearing in the above matter set for December 19,2001, is continued to Friday,
~
January 18, 2002, at 1 :30 p.m. in Courtroom Number 4, Cumberland County Courthouse,
Carlisle, P A.
BY THE COURT,
/14
Bradley Griffie, Esquire
F or the Petitioner
Michael A. Scherer, Esquire
For James Allen Rhinehart
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IN RE: GUARDIANSlllP OF
JAMES ALLEN RlllNEHART
DEe 2 0 2001 ~ ~
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-01-862
ORDER OF COURT
AND NOW, this 2 8~ day of December, 2001, upon presentation and
consideration of the within Petition, it is hereby ORDERED AND DIRECTED that the
hearing previously scheduled in this matter for Wednesday, December 19, 2001, at 3:30
p.m., is rescheduled to Friday, January 18, 2002, at 1:30 p.m. in Courtroom NO.4 of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
Service to be made upon counsel for Respondent, James Allen Rhinehart, by first
class mail, postage prepaid.
BY THE COURT,
~/lJ
KE A. HESS, Judge
cc: Bradley L. Griffie, ~~e - ~ LI215 I. J .0 d.,
Attorney for Petitioner
Michael A. Scherer, Esquire - <<LAl Lf:t) I . 3.0 ^
Attorney for James Allen Rhinenart
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IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
IN THE COURT OF COMM:ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
: NO. 21-01-862
PETITION FOR CONTINUANCE
AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and petitions the Court
as follows:
1. Your Petitioner is attorney of record for the Petitioner in the above captioned action,
Dawn R. Cummings.
2. The Respondent, and alleged incompetent, James Allen Rhinehart, is represented by
court appointed counsel, Michael A. Scherer, Esquire.
3. A hearing is scheduled in this matter for Wednesday, December 19, 2001, at 3:30 p.m.
in Courtroom No. 4 of the Cumberland County Courthouse, Carlisle, Pennsylvania.
4. On Monday afternoon, December 17, 200 1, Petitioner was advised that the primary
physician for the alleged incompetent was leaving on vacation and would be
unavailable on Wednesday afternoon, December 19, 2001.
5. Petitioner has been unable to secure the required physician's testimony in this matter
through anyone other than the primary physician.
6. Michael A. Scherer, Esquire, counsel for the alleged incompetent, James Allen
Rhinehart, concurs in the within request for continuance.
WHEREFORE, Petitioner requests your Honorable Court to continue the hearing
previously scheduled in this matter for Wednesday, December 19, 2001 at 3:30 p.m. to
January 18, 2002, at 1 :30 p.m.
Respectfully submitted,
GRIFFIE & ASSOCIATES
c~
adl . e, Esquire
ey for Petitioner
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
(
I verifY that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE: ) ~~ t\ t
IN RE: GUADIANSHIP OF
JAMES ALLEN RHINEHART
IN THE COURT OF COMMON PLEAS
ORPHANS' COURT DIVISION
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-01-862
CITATION
WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your
proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a
session of the said Court there to be held, for the County of Cumberland to show cause why IF ANY SHE
HAS. AS TO WHY PETITIONER BRADLEY L GRIFFIE ESQUIRE. AND THE LA W FIRM OF
GRIFFIE & ASSOCIATES. SHOULD NOT BE PERMITTED TO WITHDRAW AS COUNSEL IN THE
ABOVE CAPTIONED ACTION
Witness my hand an official seal of office at Carlisle, Pennsylvania, this 19TH day of NOVEMBER,
2002.
~"\.~\\~.~~~
Clerk, Orph s' Court Divlsio. T lfI~o ~
Cumberland County, Carlisle, P A
My Commission Expires on the 1 st Monday
January, 2006
:.
NOV 1 4 Z002 r
N RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHAR
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-01-862
ORDER OF COURT
AND NOW, this 1.$"# day of 1{6~ , 2002, upon presentation and
consideration of the within Petition to Withdraw as Counsel, a Rule is hereby issued upon
the Guardian, Dawn R. Cummings, to show cause, if any she has, as to why Petitioner,
Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, should not be
permitted to withdraw as counsel in the above captioned action.
k,...le returnable by the filing of a formal written answer 2-<J day after service by
firstclass mail, postage prepaid, upon the Respondent to her last known address.
BY THE COURT,
Ai
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~
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IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-01-862
PETITION TO WITHDRAW AS COUNSEL
AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and petitions the Court
as follows:
1. Your Petitioner is Bradley L. Griffie, Esquire, counsel of record for the Guardian
appointed in the above captioned matter, Dawn R. Cummings.
2. Your Respondent is the Guardian, Dawn R. Cummings, an adult individual
currently residing at 668 Heintzelman Avenue, Chambersburg, Franklin County,
Pennsylvania.
3. Following a hearing in this matter, Respondent was appointed as the Plenary
Guardian of the person and estate of James Allen Rhinehart, a copy of said
Decree being attached hereto and incorporated herein by reference as Exhibit "A".
4. Since the entry of the aforementioned Order, Petitioner has made repeated and
ongoing requests for the cooperation of the Respondent relative to her
responsibilities and obligations pursuant to the Court's Order of January 18,2002.
5. Respondent has failed and refused to compensate Petitioner for services rendered
in this matter in the action of securing a Court Order appointing her as Guardian
in this case despite repeated requests and demands for payment.
6. Petitioner has no other recourse in this matter relative to assisting Respondent or
in requiring Respondent to comply with her responsibilities as Guardian of the
person and estate of James Allen Rhinehart.
7. Petitioner has not been compensated for his services in this matter.
WHEREFORE, Petitioner requests your Honorable Court to enter a Rule to Show
Cause upon the Respondent, Dawn R. Cummings, to show cause, if any she has, as to
why Petitioner and the law firm of Griffie and Associates should not be permitted to
withdraw as counsel in this matter.
Respectfully submitted,
L . ffie, Esquire
orne for Petitioner
GRIFFiE & ASSOCIATES
200 N. Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: J D /;; i I ~-
IN RE: GUARDIANSHIP OF
JAMES ALLEN RIllNEHART
IN THE COURT OF C011M:ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DMSION
NO. 21-01-862
DECREE
AND NOW, this 18th day of January, 2002, upon consideration of the Petition filed, and
Hearing held in this matter it is hereby ORDERED AND DECREED that, based on a finding that
James Allen Rhinehart suffers from impaired ability to reason and physically care for himself as
a result of CV A with right hemiparesis, respiratory failure due to brain stem injury, and asphasia,
and is so severely mentally and physically impaired that he is unable to make, communicate or
participate in any decisions relating to his estate or perso~ James Allen Rhinehart, is adjudged
totally incapacitated and in need of plenary guardianship services for his person and estate.
Further, there being no advance directives in existence issued by Mr. Rhinehart. Dawn R
Cummings is appointed plenary Guardian of the person and estate of James Allen Rhinehart,
and is appointed to manage and handle all aspects of the alleged incapacitated person's estate,
specifically including, but not limited to: all issues relating to the storing, sale, transfer or
alienation of his personal property and issues related to his prior tenancy at 653 South Main
Street, Chambersburg, Pennsylvania~ all issues relating to payment of routine bills and other
banking and savings account needs~ the maintenance of his life, disability and other insurance of
which he is an owner or beneficiary~ his entitlement to any governmental or non-governmental
benefit plans~ preparation and filing of federal, state, and local taxes~ claims made or to be made
on behalf of him or against him~ the execution of documents, entry into cobtracts affecting him
and the payment of reasonable compensation or costs to provide services for him, including
medical services~ and all other powers, duties, and liabilities set forth in 20 P. C. S. S 5 5 21. In
Exhibit "A"
additio~ the Guardian is appointed to handle all issues relating to the person of the alleged
incapacitated perso~ specifically including, but not limited to: his living arrangements, his
medical and psychiatric care, the administration of medication to ~ and the employment and
discharge of physicians, psychiatrist, dentists, nurses, therapists, nursing care facilities, and other
professionals for his physical and mental treatment and care.
No bond shall be required to be filed by the Guardian in this case.
BY THE COURT,
'-
~ 1t1ri1t 0 ' I~{>i~
KEVIN A:. HESS, Judge
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cc: Bradley L. Griffie, Esquire
Michael A. Scherer, Esquire
. .;:.. ~.::':rtfO
~TRUECOPYFROMRECORD
In Testimony wrv.:>rrYi I t''''r~'' ._l. . .
,.- ~. \ Ie: 1~;'UI nO s;e"~ l'ny hand
and th~ s~" I of selic; Court <-,j C~:q.t;';'i'".:> Ph
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o ,\ .....ierk. I me Orpllal)S C;:curt / Ir
Cumberland County -
tN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
: NO. 21-01-862
c,
AFFIDAVIT OF SERVICE
AND NOW, this
\0
\
day of December, 2002, comes Bradley L. Griffie, Esquire,
and states that a true and attested copy of a Petition to Withdraw and Counsel and related Order
of Court dated November 15, 2002, was sent to Dawn R. Cummings, of 671 Heintzelman
Avenue, Chambersburg, PA 17201, by certified mail, restricted delivery, return receipt
requested. A copy of said receipt is attached hereto indicating that service was made on
November 27,2002.
Sworn and subscribed to
before me this day
of , 2002
SENDER- COMPLETE THIS SECTION
COMPLETE THIS SECTION ON DELIVERY
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
lI'rint your name and address on the reverse
. 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.
cle Addressed to:
D. Is delivery address different from item 1?
If YES, enter delivery address below:
3. Service Type
'b{~ertified Mail
(:i"Registered
D Insured Mail
ONo r
~
D Express Mail ~
D Return Receipt for Merchandi~
DC.a.D.
2. Article Number
(Transfer from service /abeQ
PS Form 3811 , August 2001
'Daw n P- I [M fYlM J'n
~ 1 Xli & ~- ~ ~t1l IVl4C111 .
Cv\t{~be~ blA(j I PA
/1l0 I 4. Restricted Delivery? (Extra Fee)
fOOD 1530 ()()(i2.. 4/~Cj1
Domestic Return Receipt
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Postage
Certified Fee
Return Receipt Fee
ru (Endorsement Required)
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C1 Restricted Delivery Fee
a (Endorsement Required)
Total Postage & Fees
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102595-02-M-0835
IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
: IN THE COURT OF COMMON PLEAS OF JAN 1 J 2003 P"
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-01-862
t ORDER OF COURT
AND NOW, this1,.l day of January, 2003, upon presentation and consideration of the
within Petition to Make Rule Absolute, the Rule previously issued in this matter upon the
guardian, Dawn R. Cummings, is hereby made ABSOLUTE such that Petitioner, Bradley L.
Griffie, Esquire, and the law firm of GRIFFIE & ASSOCIATES is now permitted to withdraw as
counsel for the guardian in the above-captioned action.
By the Court,
1.
Cc: Bradley L. Griffie, Esquire
Petitioner
Dawn R. Cummings, Guardian
Pro se
Michael A. Scherer, Esquire
Attorney for Alleged Incompetent, James Allen Rhinehart
IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
: NO. 21-01-862
PETITION TO MAKE ABSOLUTE
AND NOW, comes Petitioner, Bradley L. Griffie, Esquire, and the law firm of GRIFFIE
& ASSOCIATES and petitions the Court as follows:
1. Your Petitioner is Bradley L. Griffie, Esquire, counsel of record for the guardian
appointed in the above-captioned matter, Dawn R. Cummings.
2. Petitioner filed a Petition to Withdraw as Counsel which resulted in the entry of an
Order of Court dated November 15, 2002, and the issuance of a Rule to Show Cause
upon the guardian, Dawn R. Cummings.
3. Pursuant to the Rule to Show Cause, Dawn R. Cummings was provided with twenty
(20) days after service by first-class mail, postage pre-paid to show cause, if any she
had, as to why Petitioner should not be permitted to withdraw as her counsel in the
above-captioned action.
4. Service was made by certified mail, restricted delivery upon Dawn R. Cummings on
November 27,2002.
5. No response to the Rule has been filed and more than twenty (20) days has passed
. .
SInce servIce.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order, making the
prior Order of Court and Rule to Show Cause absolute thereby permitting Petitioner to withdraw
as counsel in the above-captioned action.
Respectfully submitted,
'"
c.
fie, Esquire
E & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsifications to authorities.
DATE:----4 131 b.3
"
IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-01-862
TO THE CLERK OF THE ORPHANS' COURT:
PRAECIPE
Please withdraw my appearance previously entered in the above-captioned matter on
behalf of GuardianlPetitioner, Dawn R. Cummings.
Respectfully submitted,
~
Date
. riffie, Esquire
IE & ASSOCIATES
200 North Hanover Street
Carlisle, P A 17013
(717) 243-5551
(800) 347-5552
IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NCt'" ': - ORPHANS1 COURT
NO. 21-01-862
IMPORTANT NOTICE
elT A TION 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
BRADLEY L. GRIFFIE, 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 coroBER 15 .2001_. at 9:30 A .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 andlor other property. or to make necessary decisions about where you willliv8,
what medical care you will get. or how your money will be spent.
At the hearingl you have the right to appearl 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 attorney1s 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: t.
Cler , Orphans' Curt Division
Cumberland County, Carlisle, PA
My Commission Expires 1 st Monday,
January, 200L
DATED: OCTOBER 11,2001
. ..~
,
.\.
IN RE: GUARDIANSHIP OF
JAMES ALLEN RHINEHART
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DMSION
: NO. 21-01-862
DECREE
AND NOW, this 18th day of January, 2002, upon consideration of the Petition filed, and
Hearing held in this matter it is hereby ORDERED AND DECREED that, based on a finding that
James ADen Rhinehart suffers from impaired ability to reason and physically care for himself as
a result of CV A with right hemiparesis, respiratory failure due to brain stem injury, and asphasia,
and is so severely mentally and physically impaired that he is unable to make, communicate or
participate in any decisions relating to his estate or person, James ADen Rhinehart, is adjudged
totally incapacitated and in need of plenary guardianship services for his person and estate.
Further, there being no advance directives in existence issued by Mr. Rhinehart. Dawn R.
Cummings is appointed plenary Guardian of the person and estate of James Allen Rhinehart,
and is appointed to manage and handle all aspects of the alleged incapacitated person's estate,
specifically including, but not limited to: all issues relating to the storing, sale, transfer or
alienation of his personal proPerty and issues related to his prior tenancy at 653 South Main
Street, Chambersburg, Pennsylvania; all issues relating to payment of routine bills and other
banking and savings account needs; the maintenance of his life, disability and other insurance of
which he is an owner or beneficiary; his entitlement to any governmental or non-governmental
benefit plans; preparation and filing of federal, state, and local taxes; claims made or to be made
on behalf of him or against him; the execution of documents, entry into contracts affecting him
and the payment of reasonable compensation or costs to provide services for him, including
medical services; and all other powers, duties, and liabilities set forth in 20 P.C.S. ~5521. In
~
addition, the Guardian is appointed to handle all issues relating to the person of the alleged
incapacitated person, specifically including, but not limited to: his living arrangements, his
medical and psychiatric care, the administration of medication to him, and the employment and
discharge of physicians, psychiatrist, dentists, nurses, therapists, nursing care facilities, and other
professionals for his physical and mental treatment and care.
No bond shall be required to be filed by the Guardian in this case.
BY THE COURT,
cc: Bradley L. Griffie, Esquire
Michael A. Scherer, Esquire
· IJ~,
AUTHORITY TO PAY COURT APPOINTED COUNSEL
't. 'X
MAR 2 5 2002../ E
2. VOUCHER --
1. COURT N~ 3797
o District Justice ~ Common Pleas o Appellate o Other
3. FOR (D.J.. C.P., APPELLATE) 4. AT (CITY/STfTE) Pennsylvania 5. BUDGET CODE
Court of Common Pleas Carlls e, ()J- 231~ -/.,l/Iw 050
6. IN THE CASE OF Guardianship Of 7. CHARGE/OFFENSE (PURDON CITATION) 8. 0 PETTY OFFENSE
James Allen Rinehart Guardianship o FELONY 0 MISDEMEANOR
9. PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED 12. CIVIL DOCKET NO.
1 0 Defendant - Adult 21-01-862
2 0 Defendant - Juvenile
Guardianship Proceedings 3 0 Appellant 13. CRIMINAL DOCKET NO.
4 0 Appellee
5 :J Habeas Petitioner
6 0 Material Witness
7 0 Parolee Charged With Violation
1 Q. PERSON REPRESENTED (Full Name) 8 0 Probationer Charged With Violation 14. APPEALS DOCKET NO.
James Allen Rinehart 9 0 Other:
09/19/01 16. NAME OF ATTORNEY/PAYEE AND
Appt Date MAILING ADDRESS
Michael A. Scherer, Esquire
Honorable George E. Hoffer O'Brien, Baric & Scherer
17 West South Street
NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE Carlisle, Pennsylvania 17013
17. TELEPHONE No. 18. SOCIAL SECURITY NO OR EIN NO
249-6873 25-1708515
CLAI M FOR SERVICES OR EXPENSES
19. SERVICE HOURS DATES AMOUNTS CLAIMED
a. Arraignment and/or Plea Multiply rate per hour times total
b. Preliminary Hearing hours to obtain "In Court" com-
pensation. Enter total below.
c. Motions and Requests
... d. Bail Hearings
a:
:) e. Sentence Hearings
0
() f. Trial
~
g. Revocation Hearings
h. Juvenile Hearings
i. Appeals Court 19A TOTAL IN COURT COMPo
j. Other (SpeCify on additional sheets) ~~,\.",..,'~ 2.00 10/15/01 & 01/ 8/02 .Jf
He,."."'u 2.00 ~5 . 0 (J'f J...j 5" =$ ~~O 6JO.OO
TOTAL HOURS:II PER HOUR
20. a. Interviews and conferences 1.50 TO/12/01 Multiply rate per hour times total
b. Obtaining and reviewing records 1.00 10/03/01 hours. Enter total "Out of Court"
u..... compensation below.
Oa: c. Legal research and brief writing
...:)
:)0 d. Investigative and other work (Specify on additional sheets) 20A TOTAL OUT OF COURT
ou COMPo
". =$ ,~OJJI,~.51)
TOTAL HOURS = 2.50 :j)~. UU -b46
X PER HOUR
21- ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM
MileaQe $.25 per mile x
a:
w
~ 21 A. TOTAL ITEMIZED EXP.
...
0
=$ n/a
22. CERTIFICATION OF ATTORNEY/PAYEE Michael A. Scherer, Esquire 23. GAAN~ CLAIMED
Has compensation and/or reimbursement for work in this cue previoUSly been applied tor? DYES at NO = $ 2 . 5002oc:? 51)
If yes. were you paid? DYES o NO If yes, by whom were you paid? How much?
Has the person represented paid any money to you. or to your knowledge anyone else, in connection with the matter tor 24. DEDUCT. PRIOR PYMTS.
which you w~re appointed 10 provide representatl~~' ~~ If yes, give details on a~itional sheets =$ n/a
I swear or affirm the truth or correctness _".-r~ ~t... 0 'l.- 25. NET A~CLAIMED
of the above statements , ~natu~e or AfiomeY/PByee , Dale = $ 24 . 0 .;10.). ~l)
.. A a
26.M'PIlCl\lt 0\ S' f ~. / r~ rA~ .oa.wl/J,S'/o._ 27. AMT. :J~OVED
FOil ognalure 0 = $ O~.Sb
P.t,VMENT Judge
Cop~ . , a~ t 'Court Ad tlinistrator at complttion of service
__~.~!29<2~el_ 8Q..: 11
7172512584
\':JGn~DRA ~; BALHA~A M
='AGE 81
PEtItIONER'S
EXHIBIt
Dr. YOGINDAA SINGH BALHARA MD
!
761 FlFTIi A VE~1.JE
CHAMBERS BURG P A 17201
l1EL: 717-261-2583
FAX: 717..261-2584
E-MAfi.,: YlPtU@innernet.Jlm
QUALIFICATIONS: BOARD CERTIFIED INTERNAL MEDICINE
PROFESSIONAl. EXPERIENCE: 1996 PRESENT INTERNAL MEDICINE AND PRIMARY
CARE
1993-96 U.CONN HEJ\LTH CENTER-RESIDENCY IN INTERNAL MEDICINE
1988..93 US ARMY PRIMAllY CARE PHYSICIAN
1975 -77 MEDICAL OFFICER CHEST &, T .B. CLINIC
1973-75 CHIEF ~DICAL OFFICER crv AL HOSPITAL ROHT AK INDIA
1971- 73 MEDICAL OFFICBA CIVIL HOSPITAL ROHT AK INDIA
PROFESSIONAL MEMBERSHIP
AMElUCAN MEDICAL ASSOSIA nON
AMERICAN COLLEGE OF PHYSICIAN
ASSOCIATION OF AMERICAN PHYSICIANS OF INDIAN ORIGIN
HEALTH INSURANCES &. HMO
WE ACCEPT:
MEDICARE
MEDICAID
BLUE CROSS & BLUE SHIELD
KEYSTONE ~ALTH CENTRAL HMO
AETNAHMO
LANGUAGES SPOKEN: ENGLISIL GERMAN1 HINDL PUNJABl.
~
HEALTH CARE CENTER
121 Walnut Bottom Road
Shippensburg, Pennsylvania
17257-9005
(717) 530-8300
FAX (717) 530-8304
TTY 1-800-654-5984
September 14, 2001
Bradley L. Griffie
Griffie and Associates
200 N. Hanover Street
Carlisle, P A 17013
Dear Mr. Griffie,
As per the capability form completed following Mr. James A. Rhinehart's 04-11-01 admission to
Shippensburg Health Care Center, I feel he is not capable of making decisions about his medical
care or finances.
A Mini Mental Status Evaluation, completed during May, 2001, reflects significantly impaired
orientation, impaired long and short term memory, and impaired decision making skills. Due to
aphasia, every effort was made to facilitate communication with Mr. Rhinehart during the mental
status evaluation, including the use of special communication devices and the participation of the
speech therapist.
Diagnosis related to mental status includes CV A with right hemiparesis, respiratory failure due
to brain stem injury, and aphasia. Although Mr. Rhinehart has received extensive rehab services,
progress has been limited related to the severity of brain injury. He continues to require total
assistance with activities of daily living and decision making. Prognosis related to mental status
is poor.
Sincerely,
y~,
Y ogindra Balhara, M.D.
PETITIONER'
EXHIBIT S
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Shippensburg Heclth C~e Center
tvITNI wIENT AL 5T A TUS TEST
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Name Jame.s
R /1lnc- ha,yf
Resident# 0 () h / 2-
Assessment
Date 5/30/01
I I
~!INI ivIENTAL STATUS TEST
Correct Answer /3(/0 Question
-.r::-1. f{rf:;eJf!r J 1. What is loday'S date
*" 2. AJed,lte.-rda '.x 2. Vlhat day of the week
.~ 3. ~/-J-cc- () 3. The name of this place
*-4. ~713 4. Yourroomnumber
'* 5.~ 5. How old are you
~ ?
?t'.6. qi. ,1 6. Your date ofbirtb. '"
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~. 9. (1 JlrL~)"- 9. The President before . - t:;
~ 10. 10. SubtraCtion 3.0-3; to zero. 30-3 = ; 27-3 =
2~3= '21-3=
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18-3 = ; 15-3 =
12-3 = 9-3 =
6-3 = 3-3 =
Resident Response
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5Th! after 5 minutes asked to recall 1.
recalled .2.
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code for tv'lli",H lvfentcl Srarus Test Score: 0-2 e:rors, mt2.c: mre!lectual f-l:'.c:ioning
~"Oo 3-4 e:-rors, cild intellectual func:ioning
5-7 err s mode:ate inteilectl.l2.l functioning
8-10 e:-rors, e'/e:-e intellectual r.::lctioning
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C OC;l ie:e:: 3 y ~'t1 i.:t /. ;lk-t;;t:'1)<.,- 131} - '5 S Date 5,130,10 I
f!. 0 CtYY {..cf- 01LS W./€-r5 ~ \..' -S-y e:.. a b la/'l cd
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SHIPPENSBURG HEALTH CARE CENTER
PATIENT'S ABILITY TO UNDERSTAND
RIGHTS AND RESPONSIBILITIES
(Statement concerning signing of documents by resident or third party)
NAME:
'- Jrtrn f.l
f( h hI €- fvw.J-
DATE:
&,// /0/
I (
Above named 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 inabi lity to physically sign papers:
~
Above named resident appears incapable of understanding any information
contained on documents and \\'ill not sign, but will have responsible third party
sign all pap~r\\'ork
Reason for being incapable of understanding:
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HEALTH CARE CENTER
121 \Valnut Bottom Road
Shippensburg. Pennsylvania
17257-9005
(717) 530-8300
FAX (717)530-8304
TTY 1-800-654-59S-l
Shippensburg Health Care Center may release any part of my medical record pertaining
to care and medical treatment I have received while a RESIDENT of the facility. This
information may be released to the following person or
agencY:I1~,EIj {J/lIIa j/UFAE .
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RESIDENT Signature . _ --<, J. _ Date fJ. - /.~ -t!J1
Witness Signature ALtfYl (aflza1T~ (d.lD{-'flf~)Date OJ - ).~ -01
Witness Signature 9'1 V.J2fkV;;) SDcV~L .:l'E'.;t:'Y/acDate rq - ),3 -0/
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CARE CENTER
121 Walnut Bottom Road
Shippensburg, Pennsylvania
17257-9005
(717) 530-8300
FAX (717) 530-8304
TTY 1-800-654-5984
January 11, 2002
Bradley L. Griffie
Griffie and Associates
200 N. Hanover Street
Carlisle, P A 17013
Dear Mr. Griffie,
As per the capability form completed following Mr. James A. Rhinehart's 04-11-01 admission to
Shippensburg Health Care Center, I feel he is not capable of making decisions about his medical
care or finances.
A Mini Mental Status Evaluation, cornpleted during May, 2001, reflects significantly impaired
orientation, impaired long and short term memory, and impaired decision making skills. Due to
aphasia, every effort was made to facilitate communication with Mr. Rhinehart during the mental
status evaluation, including the use of special communication devices and the participation of the
speech therapist.
Another Mini-Mental Status Evaluation was attempted January 10, 2002. Again, special
techniques were used to compensate for Mr. Rhinehart's aphasia. Again, he exhibited an inability
to comprehend subject, change area of concentration, and perseveration.
Diagnosis and prognosis are unchanged. Diagnosis related to mental status includes CV A with
right hemiparesis, respiratory failure due to brain stem injury, and aphasia. Although Mr.
Rhinehart has received extensive rehab services, progress has been limited related to the severity
of brain injury. He continues to require total assistance with activities of daily living and decision
making. Prognosis related to mental status is poor.
Sincerely,
YO~~~
Iff-/O:Z ·
PETITIONER'S
EXHIBIT
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Assessment
NamelJ/ln?E5 I?JI/AJB/I'94- Resident# COt.L,)~ Date I / J(!).)O~
/(EJS/~IV>- ~FFcrzEO /9L)-t/LIVI'9)-IYE~ Q EJt.J?rn,LE
lvIINI IvIENT AL 5T A TU5 TEST i./ rS hE,::> rn ()AJ wS t) F Hi E 6/E/9~ tftN~ t19Sk &:J ~ '-
/V?15E HI9A)rf;:) p()~ (}o~l'2ea>- /Y1CJA.J>-# p (fo U..{IO /VOl
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Question Resident Response
1. Whatistodaysdate tu..J4~ itJ ,.L.::;kY~ /1 ()~
2. What day of the week It rt..l.ES 19 It' 'P
3. The name of this place
4. Your room number
5. How old are you
6. Your date of birth
7. Your mothers maiden name
8. The President of the U.S.
9. The President before
10. Subtraction 30-3; to zero. 30-3 ~
24-3=
18-3 =
12-3 =
6-3 =
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Correct Answer
1. I //o/~;;L-
2. )wa~
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5. JO
6. ~/5J,:2
7. W#rn
8. I3bSII
9. ~ V.JJJeL)
10.
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3 Items:
l.
2.
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Shippensburg He~th CJre Center
tvITNI IvfENT AL 5T A 1115 TEST
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. 'e19-H~
uJ ()/t-P
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; 27-3 =
; 21-3 =
; 15-3 =
9-3 =
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,
SThf after 5 minutes asked to recall 1.
recalled 2.
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Occupation
Spouse's name
Birthplace
current season
code for j\lfINI w[ental Status Test Score: 0-2 errors, intac: intellectual functioning
~~'" 3-4 errors, mild intellectual functioning
5-7 errors, moderate intellectual functiooing
8-10 errors, severe intellectual functioning
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Coepleted BQf M.d..tI.J<:tJ
Date / J I tJ ) d::L
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minitct.doc ~~' . --fo ~~. ~~I: Lw~--.,,/
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