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HomeMy WebLinkAbout01-0786 t ,. IN THE MATTER OF DAVID L. TURNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA an alleged incapacitated person ORPHANS' COURT DIVISION No. 21-01-786 AND NOW, this 'JfI'" day of ,2001, it is ORDERED, ADJUDGED and DECREED that: 1. David L. Turner is a totally incapacitated person. 2. Teresa Law, R.N. is appointed limited emergency guardian of Mr. Turner's person for the purpose of assisting Mr. Turner with making decisions regarding required medical treatment. 3. In addition to assisting Mr. Turner with making informed medical decisions, Ms. Law shall have the following powers to act for Mr. Turner: a) authorizing Mr. Turner's admission to a medically appropriate health care facility, should one be required; and b) acting with such other powers as are authorized by law or are reasonably related to the foregoing powers. ~ . 4. Pursuant to 20 Pa. C.S.A. S 5513, this guardianship shall terminate in 72 hours, but may be continued for up to 20 days if Mr. Turner's condition remains unchanged. . IN THE MATTER OF DAVID L. TURNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA AUG 2 2 2001 /;1if'l an alleged incapacitated person ORPHANS' COURT DIVISION No.~J-O 1-7c?6 ANDNOW,thiSJ ~ , 2001, upon consideration of the attached petition, IT IS HEREBY ORDERED AND DECREED that a citation be issued to David L. Turner, an alleged incapacitated person, to show cause, if any there be, why he should not be declared partially or totally incapacitated and why Teresa Law, Health Care Administrator for the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill, should not be appointed emergency guardian of his person. The citation shall be returnable and a hearing shall be on the de; j~ day of 4u... ~OO 1, in / t! Courtroom No. .3 , Cumberland County Courthouse, Carlisle, Pennsylvania~<1.t .:( '(}(l i>. Nt. In accordance with 20 Pa. C.S. ~ 5511, a copy of the petition, citation, and notice of the hearing shall be personally given to David L. Turner prior to the time of the hearing scheduled in this matter. A copy of the petition and citation shall also be served upon the following interested parties by certified mail, return receipt requested prior to the time of hearing in this matter: Doris Turner 200 N. Duke St., Apt. 405 York, PA 17403-1460 In accordance with 20 Pa. C.S. ~ 5513, all other service and notice requirements are waived as they are not feasible under the circumstances outlined in the underlying petition. BY THE COURT: J. . IN THE MATTER OF DAVID L. TURNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA an alleged incapacitated person ORPHANS' COURT DIVISION No. IMPORTANT NOTICE CITATION WITH NOTICE A PETITION HAS BEEN FILED WITH THIS COURT TO HAVE YOU DECLARED AN INCAPACITATED PERSON. IF THE COURT FINDS YOU TO BE AN INCAPACITATED PERSON, YOUR RIGHTS WILL BE AFFECTED, INCLUDING YOUR RIGHT TO MANAGE MONEY AND PROPERTY AND TO MAKE DECISIONS. A COPY OF THE PETITION WHICH HAS BEEN FILED BY IS ATTACHED. YOU ARE HEREBY ORDERED TO APPEAR AT A HEARING TO BE HELD IN COURTROOM NO._, , PENNSYL VANIA, ON _AT _.M. TO TELL THE COURT WHY IT SHOULD NOT FIND YOU TO BE AN INCAPACITATED PERSON AND APPOINT A GUARDIAN TO ACT ON YOUR BEHALF. To be an Incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation be conducted as to your alleged incapacity. If the Court decides that you are an Incapacitated Person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited or full powers to act for you. If the Court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money or other property. If the Court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney representing you) the Court will still hold the hearing in your absence and may appoint the Guardian requested. By: Clerk, Orphans' Court IN THE MATTER OF DAVID L. TURNER, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION No. EMERGENCY PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF LIMITED GUARDIAN OF THE PERSON Pursuantto 20 Pa. C.S. ~ 5513, Teresa Law, Corrections Health Care Administrator for the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill, by and through her undersigned counsel, petitions this Honorable Court to adjudge David Turner an incapacitated person and appoint the Petitioner as an emergency guardian of David Turner's person. Due to the nature of Mr. Turner's medical condition, Petitioner also requests that this Court waive the twenty (20) day notice requirement, as per ~ 5513. In support thereof, Petitioner avers the following: 1. The alleged incapacitated person, David Turner, is an inmate incarcerated at the State Correctional Institution at Camp Hill (hereinafter, "SCI-Camp Hill"). 2. The following information relates to the alleged incapacitated person: a. Date of birth: January 1, 1958 b. Age: forty-three (43) years of age c. Marital Status: Separated d. Current Residence: State Correctional Institution at Camp Hill, 2500 Lisburn Road, Camp Hill, Pennsylvania. e. Domicile Mailing Address: York Mission, 327W. Market St.,York, PA 17401. 3. The following persons are, to the best of Petitioner' s knowledge, information and belief, the only living next-of-kin of the alleged incapacitated person: a. Doris Turner, Respondent's mother, 200 N. Duke St., Apt. 405, York, PA 17403- 1460. Her telephone number is believed to be (717) 854-2632. 4. The Petitioner's request for an emergency guardianship is based upon the following: a. David Turner has been diagnosed with an organic brain disorder. b. As a result of this disorder, Mr. Turner is semi-comatose and suffers from significant neurologic deficiencies and motor impairment. Specifically, Mr. Turner exhibits the following symptoms: i) He is unable to speak or otherwise communicate effectively with medical staff. He has periods of alertness and is able to nod his head in response to simple questions, but is not able to comprehend more complex pieces of information, such as those regarding his medical condition; ii) He is unable to eat, drink or toilet without assistance; iii) He is unable to walk or stand and is confined to a "gerichair," which provides support for his back and feet. 5. It is the opinion of Dr. William Young and Dr. Mohammed Kahn that Mr. Turner is unable to make informed medical decisions. 6. Because ofthe need for immediate treatment, Petitioner is requesting that this Court waive the twenty (20) day notice requirement provided for in ~ 5511. 2 7. Section 5513 provides that "the provisions of section 5511... shall be applicable to such proceedings, including those relating to counsel.. . except when the court has found that it is not feasible in the circumstances." 20 Pa. C.S.A. 5513. 8. The severity of Mr. Turner's mental condition and the lack of viable, less restrictive alternatives necessitate that an emergency limited guardian of his person be appointed. 9. The issues handled by the emergency guardian will be constrained to signing consent forms for any medical treatment deemed necessary for the purpose of preserving and improving the life and overall health of Mr. Turner. 10. To the best of Petitioner's knowledge, information and belief, the alleged incapacitated person has not signed any powers of attorney or advanced health care directives or in any other way designated anyone to serve as a surrogate over his medical care or otherwise designated in writing his wishes with regard to health care, including refusal of life- sustaining treatment. 11. The proposed guardian of the person alleged incapacitated individual is Teresa Law, the Corrections Health Care Administrator ("CHCA") at SCI-Camp Hill. Ms. Law is a registered nurse and has worked in the health care industry for twenty-five years. She has been the Health Care Administration at SCI -Camp Hill for more than five (5) years. As CHCA, Ms. Law is responsible for overseeing the administration of treatment to inmates at SCI -Camp Hill. 12. The proposed emergency guardian has no interest adverse to the alleged incapacitated person. 3 13. The consent of the proposed guardian is attached hereto as Exhibit A. 14. Upon information and belief, no other court has ever assumed jurisdiction III any proceeding to determine the capacity of the alleged incapacitated person. 4 WHEREFORE, Petitioner respectfully requests that this Court award a citation directed to David Turner, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why David Turner should not be adjudged an incapacitated person, and Melissa Peters appointed guardian of his person, to be succeeded by any such person assuming the role of Corrections Health Care Administrator at SCI -Camp Hill. Respectfully submitted, P A Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 " Jti~i1s Assistant Counsel Attorney J.D. No. 81070 Dated: August 22, 2001 5 IN THE MATTER OF DA VID L. TURNER, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION No. VERIFICATION I, Teresa Law, am the duly appointed Administrator for Health Care at the State Correctional Institution at Camp Hill and am authorized to make this verification. I have reviewed the attached Petition with respect to the request for appointment of an emergency guardian for the person of David L. Turner. I hereby verify that the allegations contained in the attached Petition are true and correct to the best of my knowledge, information and belief. I make this verification subject to the penalties under 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. ~ ~~.,~~~ Teresa Law Corrections Health Care Administrator State Correctional Institution at Camp Hill Dated: August 22, 2001 IN THE MATTER OF DA VID L. TURNER, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION No. CONSENT OF GUARDIAN TO APPOINTMENT I, Teresa Law, Chief Health Care Administrator for the State Correctional Institution at Camp Hill, hereby consent to act as emergency guardian of the person of David L. Turner, an inmate at this Institution. The address of the institution is 2500 Lisburn Road, P.O. Box 8837, Camp Hill, Pennsylvania. I am a citizen of the United States of America. I, and the employees under my supervision and control, can speak, read, and write the English language. I have no interest adverse to David L. Turner, the alleged incapacitated person. ~Z~CK;.~ Teresa Law Corrections Health Care Administrator State Correctional Institution at Camp Hill Dated: August 22, 200 I - TO RELEASE BOND, A FORMAL ACCOUNTING MUST BE FILED, OR FILE AN APPRAISEMENT AND RELEASES FROM ALL HEIRS CALL BONDING COMPANY IN THE MATTER OF DAVID L. TURNER, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-01-786 NOTIFICATION REGARDING COUNSEL FOR ALLEGED INCAPACITATED PERSON To the best of my knowledge, counsel has not been retained by or on behalf of the alleged incapacitated person in this matter. P A Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 73 1-0444 Dated: ~ 2~ 2(J()/ Respectfully submitted, .- IN THE MATTER OF DAVID L. TURNER, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-01-786 PROOF OF SERVICE I hereby certify that I am this day serving a true and correct copy of the attached Notification Regarding Counsel for Alleged Incapacitated Person upon the person(s) and in the manner indicated below: Service by hand delivery addressed as follows: David L. Turner, ES-2321 SCI-Camp Hill 2500 Lisburn Rd. Camp Hill, Pennsylvania Ter sa Law, R.N. Corrections Health Care SCI-Camp Hill .IN THE MATTER OF DAVID L. TURNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA an alleged incapacitated person ORPHANS' COURT DMSION <<, No. 21-01-786 AFFIDAVIT OF TERESA LAW I, Teresa Law, hereby declare under penalty ofpeIjury, pursuant to 18 P.S. ~4904, that the following statements are true and correct based upon my personal knowledge, information, and belief: I, Teresa Law, Corrections Health Care Administrator at the State Correctional Institution at Camp Hill ("SCI-Camp Hill"), do hereby certify that, on August 23,2001, I personally served and read in their entirety the Important Notice Citation with Notice and Emergency Petition for Adjudication ofIncapacity and Appointment of Limited Guardian of the Person upon David L. Turner, the alleged incapacitated person. eresa Law Corrections Health Care Administrator SCI -Camp Hill Dated: August 23,2001 STATE OF PENNSYLVANIA Sworn and Subscribed before me this ) ) :ss ) .J- ~3 dayof ~ , 2001. CUMBERLAND COUNTY 12M-,1e-~_J; ~ , .. ....< '" .._.Notary PUblic : 1lDTARIAL SEAL I . ;[ iJ,E SONNTAG, NotaryPubfic filII, Cumberland County L... 'iiV' Gmnmission Expires Oct 6. 2002 IN THE MATTER OF DAVID L. TURNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA an alleged incapacitated person ORPHANS' COURT DIVISION No. 21-01-786 AFFIDAVIT OF BRANDI ALLEMAN I, Brandi Alleman, hereby declare under penalty of perjury, pursuant to 18 P .S. ~4904, that the following statements are true and correct based upon my personal knowledge, information, and belief: I, Brandi Alleman, Legal Assistant II at the Office of Chief Counsel, Pennsylvania Department of Corrections, do hereby certify that, on August 23,2001, I personally sent the Important Notice: Citation with Notice and Emergency Petition for Adjudication of Incapacity and Appointment of Limited Guardian of the Person in overnight mail upon Doris Turner, the mother of the alleged incapacitated person. I also oversaw the certified mailing of the same documents to Doris Turner. Respectfully submitted, ~ndL ~~ Brandi Alleman Legal Assistant II STATE OF PENNSYLVANIA ) ) ) :ss pi/it'" ~.'~\d A lJ v ,,'j' ......... -.to .. '" .' '"\ IS'" .~ '.. ...~~\A IY.f', .r:' :. () .. ~ . <,:q';', .,.. ,,>>', ."., ~';. i A ;:!"i:;':':'" "~ :~',., QlI-"~ -. ,).'1 :~~,/ ~, 0 : ~~"~'" ~ic:.. . J'~ .~ . 0 1.9' ,~/V ".', . - .... -^.". YJNqc~",,'~... ~~,\>"'""I..;.. ad ,...'~, '/ P"'I.... 'I.''''', ".... ///1 I 1.' I. .~"\ . III ~'I . II, t f ~ J r" I" Dated: August 23,2001 CUMBERLAND COUNTY Sworn and Subscribed before me this J3~J dayof AJJ<~j+ , 2001. I !N1AliC Notarial Seal John J. Talaber. Notary Public Camp Hill Bora, Cumberland County My Commission Expires Mar. 8. 2003 PENNSYLVANIA DEPARTMENT OF CORRECTIONS OFFICE OF CHIEF COUNSEL 55 UTLEY DRIVE CAMP HILL, PENNSYLVANIA 17011 (717) 731-0444 August 23,2001 Orphan's Court Register of Wills Office Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013 Re: In re: David L. Turner Docket No. 21-01-786 Dear Sir or Madam: Enclosed is the following documents regarding the above referenced case: a. Notification Regarding Counsel for Alleged Incapacitated Person (1 Time/Date Stamp Copy) b. Affidavit of Teresa Law (1 Time/Date Stamp Copy) c. Affidavit of Brandi Alleman (1 Time/Date Stamp Copy) I have also enclosed a return self-addressed overnight envelope for the above time/date stamp copies. Please contact me if you have any questions. Thank you for your time and consideration on this matter. ~i. erelY'l (}1L"../ 1/, , . .t- ",c..,- <-. > Brandi Alleman Legal Assistant II /bjma Enclosures cc: Laura J. N. Failing File SP 4-131(1-98) COMMONWEALTH OF PENNSYLVANIA NOTIFICATION OF MENTAL HEALTH COMMITMENT The Uniform FIl'eaITl\S Ad, 18 PA. C.S. 6105 (C)(4) specilies that it shall be unlawful for any person lI<fj\Jdlcated as an inoompetent or who has been involuntarily committed to a mental Institution for Inpatient care and treatment under Section 302. 303, or 304 of the Mental Health Procedures Act of July 9,1978 (P.L817, No. 143) to possess, use, manufacture control, sell or transfer tlreanns. This would include lI<fjUd"1Cation of Incapacity pursuant to 20 Pa.C.SA ~5501. Pursuant to the PennsylvanIa Mental Health Procedures Act, secuo,; 109, notiftcation shall be lran$mitled to the Pennsylvania State Police by the judge. mental health review omcer or county mental health and mental retardation administrator w11hin SEVEN days of the adjudication, commitment or treatment by first class man to the Pennsylvania State Pollee, AttenUon: Flreann Unit, 1800 Elmerton Avenue, Han1sburg PA 17110. NOTE: The envelope shall be merited .CONFIDENTIAL. . Place an -X" on either Involuntary Commitment or Adjudicated Incompetent INVOLUNTARY COMMITMENT ADJUDICATED INCOMPETENT Date of Involuntary Commitment or Adjudicated Incompetent INDIVIDUAL INFORMATION (INDIVIDUAL INVOLUNTARILY COMMITTED OR ADJUDICATED INCOMPETENT) LAST NAME Turner FIRST O.qvi rJ MIDDLE T~", JR., ETC. MAIDEN NAME ALIAS Jim Turner DATE OF BIRTH January 7, 1958 SOCIAL SECURITY NUMBER 196-48-70/,7 SEX M RACE B HEIGHT 6' 1" WEIGHT 180 HAIR Rl.qrk EYES Rrnwn ADDRESS Current: SCI-Ca"lP Hill, 2,00 T.i~hl1rn Rn.qrJ, ('.::Imp Hill PA 17001 Before prison: York Mission, 327 W. Market Street, York, PA 17461 . NOTIFICATION BY (Please print name, address, area code, and phone number of agency or county court.) County Submitting Notification County Mental Health and Mental Retardation Administrator County Mental Health Review Officer Physician Hospital I Facility Providing Treatment I Address ~$C E. - tJ-oFE:iR t ~j. Judge SIGNATURE OF NOTIFYING OFFICIA or DATE Court Case Number Date of Court Order ............................... .a.......... .u..l.l J. l.J............... ............. .1.1.1.1.1.&...... .1.......................... .1.1.1.1...... ....1.1.1....1.1.1J. J.J. ......... ....1... .1.1.1..........1... .1.1............... A A'" .1.1.1J. J...... .1.1.1.1 J.J.....1 J.....1.1.L.1 J.l... .1.1.1.1 J.....1.1.L.1.L... ..........&.............1....1....1....1.1..1.L........"" "... ""...... .L.1.L.1.L.1.L...... I" NOTIFICATION OF PHYSICIAN'S DETERMINATION THAT NO SEVERE MENTAL DISABILITY EXISTS The physician shall provide signed c:onlitmation or the determination of the lack of severe mental disability following the initial examination under Section 302(b) or the Mental Health Procedures Ad. and pursuant to the Unirorm Firearms Act, Section 6111.1 (g)(3). Notice shall be transmitted by the phYSician to the Pennsylvania State Police through the county mental health and mental retardation administrator or mental health review omcer. Name of Physician (Please print.) Signature of Physician Date .. IN RE: DAVID L. TURNER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NCt- -21-01-7860RPHANS' COURT an alleged incapacitated person IMPORTANT NOTICE CITA TlON 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 LAURA J. N. FAILING. ESQUIRE is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. 3 . Cumberland County Courthouse. Carlisle. Pennsylvania, on AUGUST 29 ,200l at 2: 00 P.M. to tell the Court why it should not find you to pe an Incapacitated Person and appoint a Guardian to act on your behalf. To be an Incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live. what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation be conducted as to your alleged incapacity. If the Court decides that you are an Incapacitated Person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to ) '1-.,. .. 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:l;~/?: /xj/~//A yY~~4, ~~~1 (J~(JP1 CI k, Orphans' tourt Division ' Cumberland County, Carlisle, PA My Commission Expires 1 st Monday, January, 2002 DA TED: AUGUST 22, 2O.ill - -.. , NOV 2 7 2001 ,,0 e IN THE MATTER OF DAVID L. TURNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA an alleged incapacitated person ORPHANS' COURT DIVISION No. 21-01-786 ORDER AND NOW, this ~ day of ~ · ,2001, upon review and consideration of the Petitioner's Motion for Withdrawal of Petition for Adjudication of Incapacity and Appointment of Limited Guardian of the Person, it is hereby ORDERED that such Motion is GRANTED and the Petition is deemed withdrawn. ~- () I"') c;) o EC t- .,,( ;',,:~ rl- BY THE COURT: .' . """, > ".,:...r lJi I C-:l c::J '.~ .' <D .~" ..0 .;:: ~ ~= au '"..:: :..,,': c~ ,::J: om &iCI: p t .c \Y NOV 2 7 2001 ,. IN THE MATTER OF DAVID L. TURNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA an alleged incapacitated person ORPHANS' COURT DIVISION No. 21-01-786 MOTION FOR WITHDRAWAL OF PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF LIMITED GUARDIAN OF THE PERSON Pursuant to 20 Pa.C.S.A. ~ 5512, Teresa Law, Corrections Health Care Administrator for the Commonwealth of Pennsylvania, Department of Corrections, State Correctional Institution at Camp Hill, by and through her undersigned counsel, petitions this Honorable Court to withdraw the Petition for Adjudication of Incapacity and Appointment of Limited Guardian of the Person filed in this matter. In support thereof, Petitioner avers the following: 1. David Turner was the subject of an Emergency Guardianship Petition filed with this Honorable Court by Ms. Law on August 22, 2001. 2. A hearing was held on the emergency petition on August 29,2001 before the Honorable George E. Hoffer. At the conclusion of that hearing, Mr. Turner was found to be an incapacitated person and Teresa Law was appointed the emergency guardian of Mr. Turner's person. 3. In order to obtain a lasting guardianship for Mr. Turner, a guardianship petition was filed in this matter pursuant to 20 Pa.C.S.A. ~ 5511. 4. On October 5,2001, the alleged incapacitated person, David Turner, was transferred to the l- f ~: long-term care facility at the State Correctional Institution at Laurel Highlands ("SCI- Laurel Highlands"), a state correctional institution located in Somerset County, Pennsylvania. Given Mr. Turner's current condition and prognosis, the long-term care facility at SCI -Laurel Highlands is the most appropriate place for Mr. Turner to continue his period of incarceration within the state system. 5. No decree or citation had been served at the time that Mr. Turner was transferred. 6. Due to his transfer to SCI-Laurel Highlands, this Court is no longer able to appoint a guardian in this matter. 7. The Incapacitated Persons Act provides that "[ a] guardian of the person. . . may be appointed by the court of the county in which the incapacitated person is domiciled, is a resident or is residing in a long-term care facility." 20 Pa.C.S.A. 9 5512(a). 8. Mr. Turner's domicile is believed to be York County. 9. Mr. Turner's current residence is now Somerset County. '" WHEREFORE, Petitioner respectfully requests that her Petition for Adjudication of Incapacity and Appointment of a Limited Guardian of the Person be deemed withdrawn so that a guardianship petition may be filed in the Court of Common Pleas of Somerset County, Pennsylvania. P A Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, P A 17011 (717) 731-0444 Dated: November 21,2001 Respectfully submitted, J/ '~--~). lH 1?J //./ . / "i.- '/~td-- 7 ~Laura J. N J'ailin I Assistant Counsel Attorney J.D. No. 81070 . () NOV 272001 v IN THE MATTER OF DAVID L. TURNER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA an alleged incapacitated person ORPHANS' COURT DIVISION No. 21-01-786 VERIFICATION I, Teresa Law, am the duly appointed Administrator for Health Care at the State Correctional Institution at Camp Hill and am authorized to make this verification. I have reviewed the attached Motion for Withdrawal with respect to the request for appointment of a limited guardian for the person of David L. Turner. I hereby verify that the allegations contained in the attached Petition are true and correct to the best of my knowledge, information and belief. I make this verification subject to the penalties under 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Teres Law Corrections HealtH Ca e Administrator State Correctional Institution at Camp Hill Dated: November 21,2001 A NOV 2 7 2001Y an alleged incapacitated PERSONAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION IN THE MATTER OF DAVID L. TURNER, No. 21-01-786 PROOF OF SERVICE I hereby certify that I am this day forwarding a true and correct copy of the Motion for Withdrawal of Petition for Adjudication of Incapacity and Appointment of Limited Guardian of the Person upon the person(s) and in the manner indicated below: Service by first class mail addressed as follows: David L. Turner, ES-2321 SCI-Laurel Highlands 5706 Glades Pike Somerset, PA 15501-0631 ~ 0~~~d ~\OA~ Jennifer L. Schade Clerk Typist II Pa. Department of Corrections Office of Chief Counsel 55 Utley Drive Camp Hill, PA 17011 (717) 731-0444 Dated: November 21,2001 .... . .. '... S? 4-131(1-98) COMMONWEALTH OF PENNSYLVANIA NOTIFICATION OF MENTAL HEALTH COMMITMENT The Uniform Flreanns Ad, 18 PA C.S. 6105 (c)(4) spec:iftes that It shall be unlawful for any person adjudicated as an Incompetent or who has been Involuntanly committed to a mental Institution for Inpatient care and treatment under Section 302, 303, or 304 of the Mental Health Procedures Act of July 9, 1976 (P.L.617, No. 143) to possess, use, manufacl\lre, control. seU or transfer ftreanns. This would include adjudication of Incapacity pursuant to 20 PaC.SA 55501. Pursuant to the Pennsylvania Mental Health Procedures Act, Section 109, notlftcatlon shaA be transmitted to the Pennsylvania State Police by the judge. mental health review omcer or county mental health and mental retardation administrator within SEVEN days of the adjudication, commitment or treatment by Ilrst class mell to the Pennsylvania State Pollee, AttenOon: Flreann Unit, 1800 Elmerton Avenue, Harrisburg, PA 17110. NOTE: The envelope shall be marked NCONFIDEN11AL. Place an .X. on either Involuntary Commitment or Adjudicated Incompetent INVOLUNTARY COMMITMENT ADJUDICATED INCOMPETENT X Date of Involuntary Commitment or Adjudicated Incompetent 8/29/01 INDIVIDUAL INFORMA T!ON (INDIVIDUAL INVOLUNTARILY COMMITTED OR ADJUDICATED INCOMPETENT) LAST NAME Turner FIRST f),qvirl MIDDLE T.t:>p> JR., ETC. MAIDEN NAME ALIAS Jim Turner DATE OF BIRTH January 7, 1958 SOCIAL SECURITY NUMBER 196-48-70/17 SEX M RACE B HEIGHT 6' 1" WEIGHT 180 HAIR Rl,q(' k EYES Rrnt.m ADDRESS Current: SCI-Carnp Hill, 2,00 T.i Rnllrn Rm'lrl r.,qrnp Hi 11 pA 17001 Before prison: York Mission, 327 W. Market Street, Y~rk, PA 17461 . NOTIFICATION BY (Please print name, address, area code, and phone number of aQency or county court.) County Submitting Notification Cumberland County Court of Common Pleas County Mental Health and Mental Retardation Administrator County Mental Health Review Officer Physician Hospital I Facility Providing Treatment I Address ~$C E. .~~ ,~.t Judge Court Case Number 01 SIGNATURE OF NOTIFYING OFFICIA DATE 71-01-786 Date of Court Order ............ U.... ~.L J..L .U." &"'" A" ....... A ......,u.......... A "',u..............''''."..... ."...... 1... .....A. ....1..1............. ,&I............. .......................u........... a. ""''''''''''.1.'''''' J. J...... .u........L.L....I. ,u.....L... a......" ...........& u....... .LA............. .I.,. ............1.L U. u...... .... NOTIFICATION OF PHYSICIAN'S DETERMINATION THAT NO SEVERE MENTAL DISABILITY EXISTS The physician shall provide signed confirmation of the delennlnatlon of the lack of severe mental disability following the Initial examination under Section 302(b) ot the Mental Health Procedures Act and pursuant to the Unifonn Fireanns Act, Section 6111.1 (g)(3). Notice shall be transmitted by the physlclan to the Pennsylvania State Police through the county mental health and mental retardation administrator or mental health revlew officer. Name of Physician (Please print.) Signature of Physician Date ",.. ~~ '.. .., "'~~: ~~;;I.~"