HomeMy WebLinkAbout04-0388APR 2 2 2004
,. ~,~ cou.~ o~ co..o. ,.~^s o~ cu..~..^., cou.~,
.o. ~l-0~-j~ o.,,^.s'cou.~
ESTATE OF HOA HUYNH
PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON
OF HOA HUYNH IN ACCORDANCE WITH 20 PA. C.S. §5513
PRELIMINARY DECREE
AND NOW, this 4~' 'day of April, 2004, upon consideration of the Petition of Holy Spirit
Hospital, it is ORDERED AND DECREED that a citation is awarded, directed to Hoa Huynh, the alleged
incapacitated person, to show cause why Cuong Huynh should not be appointed emergency guardian of his
person for the purposes set forth in this Petition, with the emergency guardianship to be in effect for a period
of time until a full and final guardianship hearing is held on this matter by this Court.
Notice of hearing on this Petition is to be given to Hoa Huynh~he alleged incapacitated per.son' by
counsel for the Petitioner, with hearing on the same to be held on ~ ~ day of April, 2004 at/0o ~ 0
o'clock ~ .M., in Courtroom No. ,.~ , of the Cumberland County Courthouse, One Courthouse
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. ~ j - (..) ~ ~.~ ~ ~ ORPHANS' COURT
ESTATE OF HOA HUYNH
PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON
OF HOA HUYNH IN ACCORDANCE WITH 20 PA. C.S. §5513
FINAL DECREE
AND NOW, this ~-~ '~ ~1~ day of April, 2004, upon consideration of the Petition of Holy Spirit
Hospital and after hearing held as directed by the Court, this Court finds Hoa Huynh currently lacks sufficient
mental capacity to make or communicate responsible decisions concerning his person and an emergency
guardian is needed to protect him so proper medical treatment can be provided to him.
It is therefore ORDERED AND DECREED that Cuong Huynh is appointed emergency guardian of
the person of Hoa Huynh from the date of this Court's Order until the full and complete guardianship hearing
is held on ~ ~' t , 2004 by this Court. Cuong Huynh may consent to the admission of Hoa
Huynh to a hosp~l~al, nursing home or any other such appropriate medical or living facility for his care,
treatment and protection, as well as to consent to any medical diagnostic testing or medical treatment
specifically including Electroconvulsive Treatment recommended by his treating physicians.and to take
whatever other steps are necessary to protect his person untilf~er of thistis Cour)urt.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. ORPHANS' COURT
ESTATE OF HOA HUYNH
PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON
OF HOA HUYNH IN ACCORDANCE WITH 20 PA. C.S. §5513
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes the Petitioner, Holy Spirit Hospital of the Sisters of C~istian Charity, by and
through their counsel, Johnson, Duffle, Stewart & Weidner, who file this Emergency Petition by respectfully
stating the following:
1. Your Petitioner, Holy Spirit Hospital of the Sisters of Christian Charity ("Holy Spirit Hospital")
is an acute care hospital located at 503 North 21st Street, Camp Hill, Cumberland County, Pennsylvania
17011-2288.
2. Petitioner has filed a Petition for Appointment of a Plenary Guardian of the Person of Hoa
Huynh with this Court. Attached hereto and made a part hereof is a true and correct copy of the Petition
along with the proposed Preliminary Decree and Final Decree.
3. Hoa Huynh is currently a patient at Holy Spirit Hospital, and he is unable to consent to certain
recommended medical treatment.
4. A differential diagnosis of Mr. Huynh is that he is suffering from a catatonic schizophrenic
state which is potentially fatal.
5. Hoa Huynh is an incapacitated person and does not understand the nature of his medical
condition and a need for treatment thereof.
6. The appointment of an emergency guardian would allow Hoa Huynh to receive necessary
and appropriate medical treatment to protect his life.
7. Hoa Huynh's brother, Cuong Huynh, of 17 Willow Way Drive, Enola, Cumberland County, PA
17025 has agreed to act as emergency guardian of the person of Hoa Huynh in order to consent to medical,
diagnostic and therapeutic treatment until the time the Court has a hearing on the full guardianship pursuant
to Section 5511 of the Probate, Estate and Fiduciary Code.
WHEREFORE, Holy Spirit Hospital respectfully requests that this Honorable Court schedule a
hearing within 72 hours pursuant to law and appoint Cuong Huynh as the emergency guardian of the person
of Hoa Huynh, with the emergency guardianship to be in effect with respect to the guardianship of the
person of Hoa Huynh until the time the Court has scheduled a hearing on the full guardianship pursuant to
Section 5511 of the Probate, Estate and Fiduciary Code.
Date: April 22, 2004
:227655
Respectfully submitted,
JOHNSON, DUFFLE, STEWART & WEIDNER
,('6hn R. Ninosky
Attorney I.D. No. 78000
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Petitioner
VERIFICATION
I, Steven D. Bucciferro, Director of Behavioral Health Services, Holy Spirit Hospital of the Sisters of
Christian Charity, verify that the statements made in the foregoing Petition are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities.
Dated:
teven D. Bucciferro, Dire~ve'r
Behavioral Health Services
Holy Spirit Hospital
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. ORPHANS' COURT
ESTATE OF HOA HUYNH
PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES
AND FIDUCIARY CODE TO ADJUDICATE HOA HUYNH TO BE INCAPACITATED
AND TO APPOINT GUARDIANS FOR HIS PERSON
FINAL ORDER OF COURT APPOINTING A PLENARY GUARDIAI,~
AND NOW, this ~ day of ,2004, a hearing in this case having been held on
,2004, and it appearing to the Court that Hoa Huynh was properly served with
a Citation and Notice of this hearing. Based upon the testimony presented at the hearing, the Court further
finds from the testimony:
1. That Hoa Huynh is an incapacitated individual who suffers from catatonic schizophrenia
which is a condition which impairs his capacity to receive and evaluate information effectively and to make
and communicate decisions concerning his physical health and safety.
2. That there exists no other less restrictive alternative mechanism for decision making.
3. That based on the total incapacity of Hoa Huynh to receive and evaluate information and to
make or communicate decisions, a plenary guardian of the person is required on a permanent basis.
NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings it
is ORDERED, ADJUDGED and DECREED that Hoa Huynh be and is hereby adjudged an incapacitated
person and Cuong Huynh is appointed Plenary Guardian of the Person of Hoa Huynh.
No bond shall be required of the Plenary Guardian named herein.
The Plenary Guardian is hereby authorized to make decisions on Hoa Huynh's behalf concerning his
medical care and treatment including his admission to nursing homes, personal care facilities, hospitals and
other healthcare providers, as well as to consent to and authorize medical treatment including
Electroconvulsive Treatment.
BY THE COURT:
Jo
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. ORPHANS' COURT
ESTATE OF HOA HUYNH
PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES
AND FIDUCIARY CODE TO ADJUDICATE HOA HUYNH TO BE INCAPACITATED
AND TO APPOINT A GUARDIAN FOR HIS PERSON
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes the Petitioner, Holy Spirit Hospital of the Sisters of Christian Charity, by and
through their counsel, Johnson, Duffle, Stewart & Weidner, who file this Petition by respectfully stating the
following:
1. Your Petitioner, Holy Spirit Hospital of the Sisters of Christian Charity ("Holy Spirit Hospital"),
503 North 21st Street, Camp Hill, Cumberland County, Pennsylvania. Holy Spirit Hospital is an acute care
hospital which provides mental health services.
2. The alleged incapacitated person is Hoa Huynh, a 30 year old Vietnamese male, whose last
known address is 424 North Front Street, Wormieysburg, Cumberland County, Pennsylvania 17043.
3. The alleged incapacitated person was admitted to Holy Spirit Hospital on April 19, 2004. At
the time of his admission, he had shown severely diminished daily living skills, was non-responsive, unable
to eat, drink or toilet himself.
4. The differential diagnosis for the alleged incapacitated person is that he is suffering from
catatonic schizophrenia. This is a potentially life-threatening condition.
5. One year ago, the alleged incapacitated person had a similar presentation which required an
intensive care hospitalization for approximately three (3) months. This hospitalization was due to the
dehydration of not eating or drinking due to the catatonic presentation. It is feared that if treatment is not
rendered immediately, the alleged incapacitated person will again become severely dehydrated and his
health will be greatly compromised.
6. During the alleged incapacitated person's last catatonic situation, he received
Electroconvulsive Treatment which caused an improvement in the alleged incapacitated person.
7. It is believed that Electroconvulsive Treatment is the appropriate treatment for the alleged
incapacitated person.
8. The alleged incapacitated person's brother, Cuong Huynh, who currently resides at 17 Willow
Way Drive, Enola, Cumberland County, PA 17025 has agreed to be the guardian of Hoa Huynh's person.
person.
Hoa Huynh is an incapacitated adult person who needs a court appointed guardian for his
10. A guardian is necessary to facilitate Hoa Huynh's urgently needed medical care and
treatment.
11. Holy Spirit Hospital believes and therefore avers that Hoa Huynh does not have the capacity
to care for his affairs of daily living and needs a guardian appointed to handle his person.
12. It is believed and therefore averred that no other court has assumed jurisdiction in any
proceedings to determine the capacity of Hoa Huynh, except for the Cumberland County Mental Health
Hearing Officer.
WHEREFORE, Holy Spirit Hospital respectfully requests that a Citation be issued to Hoa Huynh to
show cause why he should not be adjudged to be incapacitated and a plenary guardian for his person be
appointed, and that the Court schedule a hearing on this Petition.
Date: April 22, 2004
Respectfully submitted,
JOHNSON, DUFFLE, STEWART & WEIDNER
/John I~. Ninosky
Attorney I.D. #78000
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Petitioner
:227660
VERIFICATION
I, Steven D. Bucciferro, Director of Behavioral Health Services, Holy Spirit Hospital of the Sisters of
Christian Charity, verify that the statements made in the foregoing Petition are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities.
Steven D. Bucciferro, Director
Behavioral Health Services
Holy Spirit Hospital
Dated:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. ORPHANS' COURT
ESTATE OF HOA HUYNH
PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES
AND FIDUCIARY CODE TO ADJUDICATE HOA HUYNH TO BE INCAPACITATED
AND TO APPOINT A GUARDIAN FOR HIS PERSON
ACCEPTANCE BY PROPOSED GUARDIAN.
I, Cuong Huynh, hereby agrees to accept the appointment of plenary guardian of the person of Hoa
Huynh, if he is adjudged to be an incapacitated person by the Cumberland County Orphans' Court.
Dated:
Cuong ~__' ~.
IN RE: ESTATE OF HOA HUYNH
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
· ORPHANS' COURT DIVISION
· NO. 21-2004-0388
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the 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
Holy Spirit Hosptial of the Sisters of Chrisitian Charity is attached.
You are hereby ordered to appear at a heating to be held in Court Room No. 5, Cumberland
County Courthouse, Carlisle, Pennsylvania, on April 23 ,2004, at .10:00 AM. to tell the
Court why is 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 tight to request that the
Court order that an independent evaluation 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 of 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 to 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 heating (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.
~lerk, Orphans' Court Division
Cumberland County, Carlisle, PA
My Commission Expires 1 st Monda,, '/
January, 2006 "
APR 2 2 2004
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ESTATE OF HOA HUYNH
PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES
AND FIDUCIARY CODE TO ADJUDICATE HOA HUYNH TO BE INCAPACITATED
AND TO APPOINT GUARDIANS FOR HIS PERSON
PRELIMINARY DECREE
AND NOW, this ~1~ ,~1~~I day of April, 2004, upon consideratior~gf the annexed Petition, it is
ORDERED AND DECREED that a hearing on this matter is set for the ~"'day of ~1~~ .2004,
in Courtroom No. ,~ , at ~" O {i o'clock / .a. at the Cumberland County Courthouse,
One Courthouse Square, Carlisle, Pennsylvania, and that a Citation be issued to Hod Huynh commanding
him to show cause why he cannot appear at the aforementioned hearing pursuant to the Petition of Holy
Spirit Hospital to have Hod Huynh adjudicated an incapacitated person and to have a plenary guardian
appointed for his person. Notice of the hearing shall be given to Hod Huynh in accordance with 20 P.S. §
551 l(a) not less than twenty (20) days prior to the hearing.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. ORPHANS' COURT
ESTATE OF HOA HUYNH
PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES
AND FIDUCIARY CODE TO ADJUDICATE HOA HUYNH TO BE INCAPACITATED
AND TO APPOINT GUARDIANS FOR HIS PERSON
FINAL ORDER OF COURT APPOINTING A PLENARY GUARDIAN
AND NOW, this __ day of ,2004, a hearing in this case having been held on
,2004, and it appearing to the Court that Hoa Huynh was properly served with
a Citation and Notice of this hearing. Based upon the testimony presented at the hearing, the Court further
finds from the testimony:
1. That Hoa Huynh is an incapacitated individual who suffers from catatonic schizophrenia
which is a condition which impairs his capacity to receive and evaluate information effectively and to make
and communicate decisions concerning his physical health and safety.
2. That there exists no other less restrictive alternative mechanism for decision making.
3. That based on the total incapacity of Hoa Huynh to receive and evaluate information and to
make or communicate decisions, a plenary guardian of the person is required on a permanent basis.
NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings it
is ORDERED, ADJUDGED and DECREED that Hoa Huynh be and is hereby adjudged an incapacitated
person and Cuong Huynh is appointed Plenary Guardian of the Person of Hoa Huynh.
No bond shall be required of the Plenary Guardian named herein.
The Plenary Guardian is hereby authorized to make decisions on Hoa Huynh's behalf concerning his
medical care and treatment including his admission to nursing homes, personal care facilities, hospitals and
other healthcare providers, as well as to consent to and authorize medical treatment including
Electroconvulsive Treatment.
BY THE COURT:
,. ~.~ cou.~ o~ co~o..u~^s o~ cu~.~..^.~ cou.~
.o. ~_1 ~0 '~- %'¢ o...^.s, cou.~
ESTATE OF HOA HUYNH
PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES
AND FIDUCIARY CODE TO ADJUDICATE HOA HUYNH TO BE INCAPACITATED
AND TO APPOINT A GUARDIAN FOR HIS PERS_O~N
TO THE HONORABLE, THE JUDGES OF SAID COURT:
AND NOW, comes the Petitioner, Holy Spirit Hospital of the Sisters of C~stian Charity, by and
through their counsel, Johnson, Duffle, Stewart & Weidner, who file this Petition by respectfully stating the
following:
1. Your Petitioner, Holy Spirit Hospital of the Sisters of Christian Charity ("Holy Spirit Hospital"),
503 North 21st Street, Camp Hill, Cumberland County, Pennsylvania. Holy Spirit Hospital is an acute care
hospital which provides mental health services.
2. The alleged incapacitated person is Hoa Huynh, a 30 year old Vietnamese male, whose last
known address is 424 North Front Street, Wormleysburg, Cumberland County, Pennsylvania 17043.
3. The alleged incapacitated person was admitted to Holy Spirit Hospital on April 19, 2004. At
the time of his admission, he had shown severely diminished daily living skills, was non-responsive, unable
to eat, drink or toilet himself.
4. The differential diagnosis for the alleged incapacitated person is that he is suffering from
catatonic schizophrenia. This is a potentially life-threatening condition.
5. One year ago, the alleged incapacitated person had a similar presentation which required an
intensive care hospitalization for approximately three (3) months. This hospitalization was due to the
dehydration of not eating or drinking due to the catatonic presentation. It is feared that if treatment is not
rendered immediately, the alleged incapacitated person will again become severely dehydrated and his
health will be greatly compromised.
6. During the alleged incapacitated person's last catatonic situation, he received
Electroconvulsive Treatment which caused an improvement in the alleged incapacitated person.
7. It is believed that Electroconvulsive Treatment is the appropriate treatment for the alleged
incapacitated person.
8. The alleged incapacitated person's brother, Cuong Huynh, who currently resides at 17 Willow
Way Drive, Enola, Cumberland County, PA 17025 has agreed to be the guardian of Hoa Huynh's person.
person.
Hoa Huynh is an incapacitated adult person who needs a court appointed guardian for his
10.
treatment.
A guardian is necessary to facilitate Hoa Huynh's urgently needed medical care and
11. Holy Spirit Hospital believes and therefore avers that Hoa Huynh does not have the capacity
to care for his affairs of daily living and needs a guardian appointed to handle his person.
12. It is believed and therefore averred that no other court has assumed jurisdiction in any
proceedings to determine the capacity of Hoa Huynh, except for the Cumberland County Mental Health
Hearing Officer.
WHEREFORE, Holy Spirit Hospital respectfully requests that a Citation be issued to Hoa Huynh to
show cause why he should not be adjudged to be incapacitated and a plenary guardian for his person be
appointed, and that the Court schedule a hearing on this Petition.
Date: April 22, 2004
Respectfully submitted,
JOHNSON, DUFFLE, STEWART & WEIDNER
/John I~.-Ninosky ~
Attorney I.D. #78000
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
Attorneys for Petitioner
:227660
VERIFICATION
I, Steven D. Bucciferro, Director of Behavioral Health Services, Holy Spirit Hospital of the Sisters of
Christian Charity, verify that the statements made in the foregoing Petition are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. {}4904 relating to unsworn falsification to authorities.
Dated:
Behavioral Health Services
Holy Spirit Hospital
APR 2 2 2004
IN THE COURT OF COMMON PLI~AS OF CUMBERLAND COUNTY
,o.
ESTATE OF HOA HUYNH
PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES
AND FIDUCIARY CODE TO ADJUDICATE HOA HUYNH TO BE INCAPACITATED
AND TO APPOINT GUARDIANS FOR HIS PERSON
PRELIMINARY DECREE
AND NOW, this ~ ~I~1 day of April, 2004, upon consideratiorly.gf the annexed Petition, it is
ORDERED AND DECREED that a hearing on this matter is set for the ~'~Iday of ~1~-,,~,,. ,2004,
in Courtroom No. , at ~" O {~ o'clock .M. at the Cumberland County Courthouse,
One Courthouse Square, Carlisle, Pennsylvania, and that a Citation be issued to Hoa Huynh commanding
him to show cause why he cannot appear at the aforementioned hearing pursuant to the Petition of Holy
Spirit Hospital to have Hoa Huynh adjudicated an incapacitated person and to have a plenary guardian
appointed for his person. Notice of the hearing shall be given to Hoa Huynh in accordance with 20 P.S. §
5511 (a) not less than twenty (20) days prior to the hearing.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NO. ORPHANS' COURT
ESTATE OF HOA HUYNH
PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES
AND FIDUCIARY CODE TO ADJUDICATE HOA HUYNH TO BE INCAPACITATED
AND TO APPOINT A GUARDIAN FOR HIS PERSON
ACCEPTANCE BY PROPOSED GUARDIAN
I, Cuong Huynh, hereby agrees to accept the appointment of plenary guardian of the person of Hoa
Huynh, if he is adjudged to be an incapacitated person by the Cumberland County Orphans' Court.
Dated:
Cuong ~ ~ ·
IN RE: ESTATE OF HOA HUYNH
· IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
· ORPHANS' COURT DIVISION
NO. 21-2004-0388
AFFIDAVIT OF SERVICE
The undersigned hereby swears and affirm that the Citation providing notice of hearing
to be held on May 21, 2004, at 2:00 p.m., in Courtroom #5, Cumberland County Courthouse,
was served upon counsel for Hoa Huynh via facsimile on April 30, 2004. Counsel for Hoa
Huynh has executed an Acceptance of Service form which is attached hereto as Exhibit A.
Respectfully submitted,
JOHNSON, DUFFLE, STEWART & WEIDNER
BY:~ N~in~ /'John ~.
Attorney I.D. No. 78000
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
Telephone (717) 761-4540
SWORN to and subscribed before me this
this l~-?'~day of ""',¢,~ ~. .2004
:228489
NOTARIAL SEAL
DIANNE LENIG, Notary Public
Lemoyne Borouoh Cumberland Co.
My Commission Expires Dec. 21,2005
IN RE: ESTATE OF HOA HUYNH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
: NO. 21-2004-0388
ACCEPTANCE OF SERVICE
the service of the Citation providing notice of a Hearing to be held on May 21, 2004, at 2:00
P.M., in Courtroom #5, Cumberland County Courthouse.
:228122.2
Michael J. Whare, Esquire
155 South Hanover Street
Carlisle, PA 17013
228033-1
05/25/200~ 16:01 FAX 717 761 3015 JDS&W ~002/002
IN RE:
ESTATE OF HOA HUYNH
|
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNT~., PENNSYLVANIA
ORPHANS' COURT DIVISION
.
- NO. 21-2004-0388
AND NOW, this ~ ~ '~ ORDER
day of ~ ,2004~, and upon leaming that
Hoa Huynh has been released from the Holy Spidt Hospital, and that Holy Spirit Hospital of the
Sistem of Christian Chadty no longer intends to pursue its Petition td Adjudicate Hoe Huynh
Incapacitated and, to Appoint Guardians for his Person, said Petition is hereby DISMISSED..
John R. Ninosky, Esquire '
301 Market Street
P.O. Box 109
Lemoyne, Pa. 17043-0109
Michael J. Whare, Esquire
155 South Hanover Street
Carlisle, Pa. 17013
Edward E. Guido, I J.
_-5:2
JERRY R. DUFFLE
RICHARD W. STEWART
C. ROY WEIDNER, JR.
EDMUND G. MYERS
DAVID W. DELUCE
JEFFERSONd. SHIPMAN
RALPH H. WRIGHT, JR.
MARK C. DUFFLE
JOHN R. NINOSKY
MICHAEL J. CASSIDY
MELISSA PEEL GREEVY
ROBERTM. WALKER
WADE D. MANLEY
LAW OFFICES
JOHNSON, DUFFIE, STEWART & WEIDNER
A Professional Corporation
301 MARKET STREET
P.O. BOX 109
LEMOYNE, PENNSYLVANIA 17043-0109
WEBSITE: www.jdsw.com
TELEPHONE 717-761-4540
FACSIMILE 717-761-3015
E-MAIL: mail~jdsw.com
HORACE A. JOHNSON
F. LEE SHIPMAN
BRUCE J. GROSSMAN*
OF COUNSEL
*Admitted in
New York only
May 19, 2004
WRITER'S EXT. NO. 140
E'MAIL jrn@jdsw.com
VIA FACSIMILE AND U.S. MAIL
Honorable Edward E. Guido
Court of Common Pleas for Cumberland County
One Courthouse Square
Carlisle, PA 17013-3387
Re:
Hoa Huynh
Orphans' Court No.' 21-2004-0388
Dear Judge Guido:
The undersigned represents Holy Spirit Hospital in the above referenced matter. The
Court has scheduled a hearing to consider adjudicating Hoa Huynh incapacitated and to appoint
Cuong Huynh as Hoa Huynh's Plenary Guardian of the Person. The hearing was scheduled for
May 21, 2004 at 2:00 p.m.
After receiving treatment, Hoa Huynh was released from Holy Spirit Hospital on May 17,
2004. Hoa Huynh's release from Holy Spirit ends the need to continue the Guardianship
proceeding. Therefore, Holy Spirit respectfully requests that the hearing be canceled.
If there is any further information needed or if you do not agree to the request to
continue the Hearing, please do not hesitate to contact me.
Respectfully,
Jo~hn R. Nin/oskyd~
CC:
MichaelJ. Whare, Esquire
Cuong Huynh
Rhett Bennie, RN
05/19/200,4 14:26 FAX 717 761 3015 JDS&W ~002/002
JERRY It DUFFLE
RICll~RD W. ~-~wART
C. ROY WEIDNE~ Jl~
EDMUND G. MIT. RS
DAVID ~. DBLUCE
.JF.F~N J. SHIPMAN
R.4LPH H WPJGIff. JR.
MARK C. DUFFLE
JOHN R. NI~OSKY
MICHAEL J. CJ~ID¥
ROBERT M. W,~,gER
W,4DE D. MANLE¥
JOHNSON, DUFFIE, STEWART & WEIDNER
A .Pmfem~o~! CorpoFItion
~01 I~T STREET
P.O. 80X 109
LgMO~ PENNSYLVANIA 1704~0109
TELEPIlO~ 717-'761..4~0
FACS3MILE ?17-761-301S
HORACE ,4. JOHNSON
F. LEE SHIPMAN
BRUCE J. GROS~MAN*
OF COUWSEL
*,4d~led ~
New Fork o~y
~$i l~. NO. 140
E;MAIL jrs~t~w.~em
May 19, 2004
VIA FACSIMILE AND U.S. MAIL
Honorable Edward E. Guido
Court of Common Pleas for Cumberland County
One Courthouse Square
Carlisle, PA 17013-3387
Re:
Hoa Huynh
Orpharm' Court No.: 21-2004-0388
Dear Judge Guido:
The undemigned represents Holy Spirit Hospital in the above referenced matter. The
Court has scheduled a hearing to consider adjudicating Hoe Huynh incapaeitated and to appoint
Cuong Huynh. as Hoe Huynh's .Plenary Guardian of the Pemon. The hearing was scheduled for
May 21, 2004 at 2:00 p.m.
After receiving treatment, Hoe Huynh was released from Holy Spirit Hospital on May 17,
2004. Hoa Huynh's release from Holy Spirit ends the need to continue the Guardianship
proceeding. Therefore, Holy Spirit respectfully requests that the hearing be canceled.
If there is any further information needed or if you do not agree to the request {o
continue the Hearing, pleaee do not hesitate to contact me.
Michael J. VVhare, Esquire
Cuong Huynh
Rhett Bennie, RN
RespeCtfUlly,
05/19/2004 14:25 FAX 717 761 3015 JDS&W ~001/002
JERRY R. DUFFLE
RICH/IRD ~ STEIIY,4RT
C. ROY I~IDNF~ .IR.
EDMLrND G. MYERS
DJFID W. DFJ.,UCE
JEFFEP~ON J. SH1PMA~
RALPH H WRICrHT, JR.
t~RIC C. DUFFIE
JOHN R. NINOSKY .
MIC~IAEL J. CA~$1D ¥
MELI$..~ PEEL GREEVY
ROBERT M. WALKER
WADE D. MANLEy
LAW OFFICES
JOHNSON, DUFFIE, STEWART & WEIDNER
A Prof~s.sional Corporation
301 MARKET STREET
p.o. BOX 109
LEMOYNE, PENNSYLVANIA 17043--0109
WEBSFI'E: www,iflsw.~m
TI~I ,EPHONE 71%761-4640
FA(~iMILE 717-761-~015
E-MAIL: mail~dsw.zem
FAX TRANSMISSION COVER LETTER
HOI~ CE A. JOtlI~ON
F. LEE SHIPMAN '
BRUCE J. GROSSM/IN*
OF COUNSEL
'~ddrnitted in'
New York only
'TO:
FIRM:
CITY/STATE:
FACSLM_ILE NO.:
FROM:
~' HARD COPY WILL FOLLOW .
ORIGINAL WILL BE RETAINED
IF TRANSMISSION IS NOT COMPLETE, PLEASE CALL OUR OFFICES AT (717) 7614540. '
MESSAGE:
OUR F1LE NO.
4198