HomeMy WebLinkAbout02-0792~I
IN RE:
ALFRED K. SHUGHART,
AN ALLEGED INCAPACITATED
PERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.'L~•pZ,_-~g2 ORPHANS' COURT
DECREE FOR EMERDGENCY GUARDIAN
ANDNOW,on ~~ ~,based~petition,theconsentsattachedthereto
and the emergency conditio of these circumstances, this Court hereby decrees the following:
1. The alleged incapacitated person's ability to receive and evaluate information
effectively is significantly impaired because he presently suffers from severe brain hemorrhaging,
hypertension encephelopathg diabetes, and the unlikely return to normal brain functions.
2. The alleged incapacitated person's ability to communicate decisions is significantly
impaired because of the aforesaid condition.
3. The alleged incapacitated person is in immediate need of a guazdian of the PERSON
and a guardian of the ESTATE.
4. The failure to make these requested appointments of emergency guardianship will
result in irreparable hazm to the PERSON and the ESTATE of the alleged incapacitated person
because the alleged incapacitated person is unable to request and approve any and all necessary
medical procedures for his general health, welfare and support, and the alleged incapacitated person
is unable to handle his financial affairs and obligations for his general maintenance, daily living and
support of his financial estate.
5. The physical or mental condition of the alleged incapacitated person would have been
harmed by his presence at any emergency guardianship hearing.
6. Elaine C. Paulus is hereby appointed emergency guardian ofthe PERSON. The term
of this appointment is seventy-two (72) hours; however, the term of this appointment can be
extended for an additional twenty (20) days, if the emergency continues beyond the initial seventy-
two (72) hours. The said emergency guardian of the PERSON shall have the following powers and
duties: (a) to provide for the general care, maintenance and custody of the alleged incapacitated
person, including the ability to contract with an authorized medical provider of such services; (b) to
designate the place for the alleged incapacitate person to live, including an appropriate nursing home
facility or other similar long-term care facility; (c) to sign and consent on behalf of the alleged
incapacitated person to the provision of medical procedures and services for the health, welfare and
benefit of the alleged incapacitated person; and (d) to provide those services necessary and proper
for the health, support and maintenance of the alleged incapacitated person for the limited time
period of this emergency guardianship.
7. Elaine C. Paulus is hereby appointed emergency guardian ofthe ESTATE. The term
of this appointment is thirty (30) days or when the emergency conditions cease to exist, whichever
is shorter. The said emergency guardian ofthe ESTATE shall have the following powers and duties:
(a) to obtain limited access to the alleged incapacitated person's financial accounts and related
financial information in order to transact business and pay bills and other liabilities of the alleged
incapacitated person; (b) to sign checks, drafts and related financial instruments and documents in
order to pay bills, liabilities and related obligations of the alleged incapacitated person for the
provision of medical care, including daily living and normal life activities; and (c) to provide those
services necessary and proper to handle and maintain the current financial affairs and status of the
alleged incapacitated person for the limited time period of this emergency guardianship.
This Court retains jurisdiction over any subsequent proceedings initiated by the parties in this
matter, including but not limited to, accountings and reports filed by the guardians, and the
appointment of a permanent guardian in connection with the said alleged incapacitated person.
BY THE COURT,
- n
,.
J.
P'.~~8\DA'PA¢ILE\Galdoc cvd10A 1-pefitionl
Created' O8/29/0208JJ36 AM
Revised. 08/30/02 013Z4R PM
IN RE:
ALFRED K. SHUGHART,
AN ALLEGED INCAPACITATED
PERSON
~ ?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
ORPHANS' COURT
PETITION FOR APPOINTMENT OF AN EMERGENCY GUARDIAN OF THE PERSON
AND ESTATE IN ACCORDANCE WITH 20 PA CONS STAT. ANN. & 5513.
TO THE HONORABLE, THE JiJDGES OF SAID COURT:
AND NOW COMES, the Petitioner, ELAINE C. PAULUS, by her attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and files this Petition for Appointment of an Emergency
Guardian of the Person and Estate in accordance with 20 Pa. Cons. Stat. Ann. § 5513 for Alfred K.
Shughart, an alleged incapacitated person, and respectfully represents and avers as follows:
The Petitioner is Elaine C. Paulus, with an address of 3 Westminster Court, Carlisle,
Cumberland County, Pennsylvania.
2. The Petitioner is the sister of the alleged incapacitated person, and is, therefore,
interested in his welfare.
3. The alleged incapacitated person is Alfred K. Shughart, a 58 year old adult individual
born on April 8, 1944.
4. The alleged incapacitated person resides at 435 West Louther Street, Carlisle,
Cumberland County, Pennsylvania.
5. The alleged incapacitated person is currently in the Carlisle Regional Medical Center,
under the medical care and supervision of Carlisle Regional Medical Center Hospitalists.
6. The names and addresses ofthe presumptive adult heirs and next-of--kin ofthe alleged
incapacitated person are as follows:
1
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4 1 , A
Pazents: Cordelia E. Cosner (Mother) -DOB: 1/11/1920
24 Gazden Parkway
Carlisle, PA 17013
Nelson P. Shughart (Father) -DOB: 8/8/1916
101 Old Gap Road
Carlisle, PA 17013
Presumptive Heirs: Elaine C. Paulus (Sister & Petitioner) -DOB: 7/7/1945
3 Westminster Court
Carlisle, PA 17013
Elwood B. Shughart (Brother) -DOB: 11/15/1941
199 Horseshoe Road
Carlisle, PA 17013
Anthony H. Shughart (Brother) -DOB: 12/11/1939
169 Old Gap Road
Carlisle, PA 17013
Shirley S. Buttorff (Sister) -DOB: 12/28/1937
529 Thornwood Lane
Carlisle, PA 17013
Lynda Kay Shughart (Sister) -DOB: 1/16/1957
1270 Monterrey Blvd.
Euless, TX 76040
Kevin Shughart (Brother) -DOB: 12/17/1962
24 Garden Parkway
Carlisle, PA 17013
The Petitioner knows the names and addresses of no other presumptive adult heirs of the alleged
incapacitated person not set out above.
7. The name and address ofthe person or institution providing hospital/medical services
to the alleged incapacitated person is: Carlisle Regional Medical Center, 246 Parker Street, Carlisle,
Cumberland County, Pennsylvania. He has been located in said facility since August 20, 2002.
2
a
8. On or about August 20, 2002, the alleged incapacitated person was found wandering
outside in the streets in his home, clothed only in his underwear and exhibited no comprehension or
awareness of his surroundings and location.
9. The alleged incapacity person remains disoriented as to time, place and people, and
has made several attempts to harm himself or others.
10. Because of the severity of his mental condition and state, the alleged incapacitated
person lacks the capacity to make or communicate any responsible decisions concerning his estate
or person and, even with the assistance of other persons or services, would not be able to participate
in the making of any decisions concerning his person.
11. Emergency guardianship is sought because the ability of the alleged incapacitated
person to receive and evaluate information effectively and communicate decisions is impaired to
such a significant extent that he is totally unable to manage his financial resources and personal
being and welfare. Furthermore, emergency guardianship is sought and warranted as the alleged
incapacitated person is unable to pay bills, rent, and related financial obligations, and a guardian is
needed to assist in the payment of said bills, relocation of the alleged incapacitated person and
provision of medical care to his person.
12. A description of the functional limitations and physical and mental condition of the
alleged incapacitated person was sought by Petitioner in the form of a sworn statement ofhis medical
providers at the Carlisle Regional Medical Center and the Carlisle Regional Medical Center
Hospitalists. A copy of this statement is attached as Exhibit "A", and incorporated herein by
reference.
13. Petitioner is not aware that the alleged incapacitated person signed any powers of
attorney or advanced health care directives or in any other way designated anyone to serve as his
agent over any of his personal affairs or as his surrogate over his medical care, or that he designated
in writing his wishes with regard to health care, including the use or refusal of life-sustaining
treatment.
3
s
14. Petitioner believes and therefore avers that the physical and mental condition of the
alleged incapacitated person, as stated in the physician's statement attached as Exhibit "A" herein,
is such that the alleged incapacitated person would be harmed by his presence at the hearing on this
Petition.
15. As the alleged incapacitated person is unable to make known or communicate his
wishes, as there aze no known powers of attorneys or advanced health caze directives executed by
the incapacitated person, and as no presumptive heir or living next-of--kin desires to assist the alleged
incapacitated person other than Petitioner, there are no less restrictive alternatives available other
than the appointment of an emergency guardian.
16. The specific areas of incapacity over which it is requested that the emergency
guardian be assigned powers aze the management of all financial resources and property in the
alleged incapacitated person's estate, as well as the provision of, and decisions involving, medical
caze and treatment for the alleged incapacitated person.
17. The name and address of the person to whom Petitioner asks to be appointed
emergency guazdian ofthe estate and ofthe person is: ELAINE C. PAULUS, 3 Westminster Court,
Cazlisle, Cumberland County, Pennsylvania 17013. As required by C.C.O.C.R. 14.2-2, the proposed
emergency guardian's consent to serve as emergency guardian of the estate and of the person is
attached as Exhibit "B" and incorporated herein.
18. Other than her sole status as sister of the alleged incapacitated person, the proposed
guardian has no interest adverse to the alleged incapacitated person.
19. Petitioner knows that the alleged incapacitated person has served as a member of the
Armed Services of the United States, but Petitioner is not aware if the alleged incapacitated person
is receiving benefits from the United States Veteran's Administration. A copy of the alleged
incapacitated person's military discharge papers is attached hereto as Exhibit "C" and incorporated
herein by reference.
20. The Petitioner has been advised by the treating physicians that the alleged
incapacitated person lacks sufficient capacity to appoint anattorney-in-fact or other agent. For these
4
reasons, Petitioner respectfully submits that there is no less restrictive alternative to emergency
guardianship of the estate and of the person.
21. The gross value of the alleged incapacitated person's estate is unknown, and
Petitioner is unable to obtain this information until a guazdian or similaz agent is named.
22. The alleged incapacitated person's annual net income from all sources is unknown,
and Petitioner is unable to obtain this information until a guardian or similar agent is named.
23. No other Court has assumed jurisdiction in any proceeding to determine the capacity
of the alleged incapacitated person and no other Court or other body has appointed an emergency,
limited or plenary guardian for the alleged incapacitated person or his estate to the best of the
knowledge and information of the Petitioner.
24. Petitioner has obtained the written consents of the presumptive adult heirs of the
alleged incapacitated person to the appointment of the proposed emergency guardian. These
consents are attached hereto as Exhibit "D" and aze incorporated herein by reference. The consent
of Ms. Lynda Kay Shughart was obtained via facsimile from Texas, and she has also verbally
instructed the Petitioner of her consent to this emergency guardianship petition.
25. Because of the attached consents of all interested parties and the emergency nature
of these circumstances, Petitioner requests and avers that immediate notice need not be given to all
interested parties. Furthermore, upon the expiration of the emergency guardianship time period of
seventy-two (72) hours for the person of the alleged incapacitated person, a new petition will be filed
for the appointment of a permanent guardian of the person and of the estate of the alleged
incapacitated person.
26. Due to the emergency nature of these circumstances, it is requested that this
Honorable Court waive the requirement that twenty (20) days notice of this proceeding be given to
the alleged incapacitated person.
WHEREFORE, Petitioner prays and respectfully requests this Honorable Court, pursuant to
the provisions of Chapter 55 of the Probate, Estates and Fiduciazies Code (20 Pa. C.S.A. §5501, et
seq.), and due to the emergency situation involved which has been consented to by all interested
5
,
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
Elaine C. Paulus, Petitioner herein, being duly sworn according to law, deposes and says that
the facts set forth in the foregoing Petition are true and correct to the best of her knowledge,
information and belief.
~~~ _
Elaine C. Paulus
Sworn to and subscribed before me
this a~~day of ~, 2002.
Public
NOTARIAL SEAL
TRICIA D. ECKENROAD, Notary Public
C~rllsle Boro., Cumberland County
~ceion Pxoires.QCt. 23, 2004
7
s
IN RE:
ALFRED K. SHUGHART,
AN ALLEGED INCAPACITATED
PERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
ORPHANS' COURT
SWORN STATEMENT OF PHYSICIAN
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND
The undersigned, being duly sworn according to law, deposes and says that:
1. He/She is a regularly licensed, practicing physician at Carlisle Regional Medical
Center, where on August 3~, 2002, he/she examined a patient therein, viz.: ALFRED K.
SHUGHART, age 5 R, mal e, with a history of: ~ ° r s ~ -~ ~' ""~l e~^ l ~.~~! ~.
Attheexaminationthefollowingsymptomswereobserved: S'e~e e ~~-c~-~^
From which the diagnosis made is: hz~..,• T~ ~.voer+~--c~,.< .~--«~~•-P~r~it,~~ _
st 6(e ~b~}~o~ co,~--ce L-aQ "h
PH 1805 (9100) ' f~""' Cr~~
I~ HOSPITALISTS
Carlisle, PA 17013-0310.717-245-5500
PAUL FRANKE, MD
ALANDE BREZAULT, MD MD 050975-L
MD 071403-L
CHRISTINA COLLINS, MD GERALD FRONKO, MD, PHD
un rre1 RH-L MD 051442-L
STEVEN PROPHET, MD
MD 057110-L
~1wAM rgRA+4 nD
MD416`7~'b .
AGE
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WRIRE EBRAND NECESSARY" OR BRAND MEDICALLY NEC ARYR N THE SPACE BELOW.
NO 62U~ REFILL TIMES DEA NO.
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IN RE; IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALFRED K. SHUGHART, :ORPHANS' COURT DIVISION
AN ALLEGED INCAPACITATED : NO. ORPHANS' COURT
PERSON
CONSENT AND STATEMENT OF PROPOSED GUARDIAN
COMMONWEALTH OF PENNSYLVANIA )
): ss.
COUNTY OF CUMBERLAND )
The undersigned, being duly sworn according to law, deposes and says that she is willing to
serve as emergency guardian of the estate and of the person of Alfred K. Shughart, that she is the
sister of the alleged incapacitated person, that she holds no interest adverse to the alleged
incapacitated person, and that she only has an interest in the estate as a potential testate or intestate
heir of the alleged incapacitated person.
The undersigned further deposes and says that she is a citizen of the United States of
America, and is able to speak, read and write the English language; and that she is not the Fiduciary
or an officer or employee of a corporate Fiduciary of an estate in which the alleged incapacitated
person has an interest nor the surety or an officer or an employee of the corporate surety of such a
Fiduciary.
~~jcl ~ 7 3L?-lif~
Maine C. Paulus
Sworn to and subscribed
before me this3d day
of /-~ r~us4; 2002.
~~
otazy Public
NOTARIAL SEAL 8
BARBARA E. STEEL, Notary Public
Carlisle Boro., Cumbe~iand County
MY Commission 6cpires Feb. 18, 2006
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,,
IN RE:
ALFRED K. SHUGHART,
AN ALLEGED INCAPACITATED
PERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
ORPHANS'COURT
CONSENT OF ELWOOD B. SHUGHART
COMMONWEALTH OF PENNSYLVANIA )
):ss.
COUNTY OF CUMBERLAND )
I, Elwood B. Shughart, brother and presumptive heir of Alfred K. Shughart, an alleged
incapacitated person, do hereby join in and consent to the foregoing Petition for Appointment of an
Emergency Guardian of the Person and Estate in accordance with 20 Pa. Cons. Stat. Ann. § 5513 for
Alfred K. Shughart, whereby it is requested that Elaine C. Paulus be appointed as emergency
guardian of the estate and of the person of the said Alfred K. Shughart.
j' R
Iwood B. Shughart
Sworn to and subscribed
before me this o`L e( day
of ~, 2002. ~~/~ ~ (~
~ll /ADA l u 1 l e~'IC'YUI b''-~l
'tart' Public
NOTARIAL SEAL public
TRICIA D. ECKENRCAD. Notary
Carlisle eoro., Cumberland County
M Commission Expires grit. 23.2004
9
r t • I ) ~ , t ~
~ ~: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
ALFRED K. SHUGHART, :ORPHANS' COURT DIVISION
AN ALLEGED INCAPACITATED : NO. ORPHANS' COURT
PERSON
CONSENT OF ANTHONY H. SHUGHART
COMMONWEALTH OF PENNSYLVANIA )
):ss.
COUNTY OF CUMBERLAND )
I, Anthony H. Shughart, brother and presumptive heir of Alfred K. Shughart, an alleged
incapacitated person, do hereby join in and consent to the foregoing Petition for Appointment of an
Emergency Guardian of the Person and Estate in accordance with 20 Pa. Cons. Stat. Ann. § 5513 for
Alfred K. Shughart, whereby it is requested that Elaine C. Paulus be appointed as emergency
guazdian of the estate and of the person of the said Alfred K. Shughart.
Anthony H. Sh art
NOTARIAL SEAL public
TRICIA D. ECKENROAD, Notary
Carlisle Boro., Cumberland County
Ad .C4mmrssion z°ue 3, 2004
10
Sworn to and subscribed
IN RE:
ALFRED K. SHUGHART,
AN ALLEGED INCAPACITATED
PERSON
,~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
ORPHANS'COURT
CONSENT OF SHIRLEY J. BUTTOROFF
COMMONWEALTH OF PENNSYLVANIA )
):ss.
COUNTY OF CUMBERLAND )
J`'
I, Shirley ~ Buttor~ff, sister and presumptive heir of Alfred K. Shughart, an alleged
incapacitated person, do hereby join in and consent to the foregoing Petition for Appointment of an
Emergency Guardian of the Person and Estate in accordance with 20 Pa. Cons. Stat. Ann. § 5513 for
Alfred K. Shughart, whereby it is requested that Elaine C. Paulus be appointed as emergency
guardian of the estate and of the person of the said Alfred K. Shughart.
Swom to and subsclibed
befo~rle% (m~e th_is ~'~ day
oft J` , 2002.
otary Pub 'c
NOTARIAL SEAL public
TRICIA D. ECKENROAD, No[ary
Carlisle 5oro., Cumberland County
~y,~gmrnl~~i4n_ExPirxs ~. 23, 2004
OG/~n~.l A/r 6L ii7/~2/~
Shirley J! Buttojlyyff }(
~. sLLLf oil
• l 1 ~ • 1 1 •
IN RE.
ALFRED K. SHUGHART,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
AN ALLEGED INCAPACITATED : NO. ORPHANS' COURT
PERSON
CONSENT OF KEVIN SHUGHART
COMMONWEALTH OF PENNSYLVANIA )
): ss.
COUNTY OF CUMBERLAND )
I, Kevin Shughart, brother and presumptive heir of Alfred K. Shughart, an alleged
incapacitated person, do hereby join in and consent to the foregoing Petition for Appointment of an
Emergency Guardian of the Person and Estate in accordance with 20 Pa. Cons. Stat. Ann. § 5513 for
Alfred K. Shughart, whereby it is requested that Elaine C. Paulus be appoi as emergency
guardian of the estate and of the person of the said Alfred K. Shu~hart. ~ /
Kevin Shughart
Sworn to and subsgribed
bef re me this 1~ day
of , 2002.
Notary Public
NOTARIAL SEAL public
TRICIA D. EOKENROAD, Notary
Carlisle ?oro.. Cumberland Counly
M C0m•+ >sion Expues Ocl 23, 2004
13
t f
IN RE:
ALFRED K. SHUGHART,
AN ALLEGED INCAPACITATED
PERSON
1.] • , , , ~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
ORPHANS'COURT
CONSENT OF CORDELIA E. COSNER
COMMONWEALTH OF PENNSYLVANIA )
):ss.
COUNTY OF CUMBERLAND )
I, Cordelia E. Cosner, mother and presumptive heir of Alfred K. Shughart, an alleged
incapacitated person, do hereby join in and consent to the foregoing Petition for Appointment of an
Emergency Guardian of the Person and Estate in accordance with 20 Pa. Cons. Stat. Ann. § 5513 for
Alfred K. Shughart, whereby it is requested that Elaine C. Paulus be appointed as emergency
guardian of the estate and of the person of the said Alfred K. Shughart.
Cordelia E. Cosner
Sworn to and subscribed
before me this ~_ day
0 2002.
i
~~// ~ o
~~ Ndtary Public
NOTARIAL SEAL
7RICIA b F_CKENROAD, Notary Public
Carlisle ' pro., Cumberland County
~ My Cor^,~:.ion Expires QGI.23, 2004
14
. ,. .,,.
.,~.
IN RE:
ALFRED K. SHUGHART,
IIV THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
AN ALLEGED INCAPACITATED : NO. ORPHANS' COURT
PERSON
CONSENT OF NELSON P. SHUGHART
COMMONWEALTH OF PENNSYLVANIA )
)as.
COUNTY OF CUMBERLAND )
I, Nelson P. Shughart, father and presumptive heir of Alfred K. Shughart, an alleged
incapacitated person, do hereby join in and consent to the foregoing Petition for Appointment of an
Emergency Guardian of the Person and Estate in accordance with 20 Pa. Cons. Stat. Ann. § 5513 for
Alfred K. Shughart, whereby it is requested that Elaine C. Paulus be appointed as emergency
guardian of the estate and of the person of the said Alfred K. Shughart.
,i ---.
Nelson P. Shughart
Swom to and subscribed
bef :e^me his ~ day
of 2002.
o /l Ca
_ otary Public
NOTARIAL SEAL
TRICIA D. ECKENROAD, Notary Public
Carlisle Boro., Cumberland County
M Commission Expires Oct. 23, 2004
15
08/30/2002 11:20 8175400579
AUG-20-2ti02 ` 1~2:{7PM
fRfNFNEALTN SEARCH 'ANC
113.B~~
ALFRED K. SHUGHART,
WESTDALE HILLS APTS
. ~• ~
PAGE 01
T-t21 P.002/002 F-~o5
~ i a
iN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, ppNNSYLVANIA
: ORPHANS' COURT DMSION
AN ALLEGED INCAPACITATED : NO. ORPHANS' COURT
PERSON
STAT£ OF )
):ss.
COUNTY OF )
I, ~nda Kay Shughart, sister and presumptive heir of Alfred K. Shughart, an alleged
incapacitated person, do hereby join in and consent to die foregoing Petition for Appointment of an
Emergency Guardian oEthe Person and Bsteie in accordance with 20 Ps. Coss. Stet. Ann. ¢ SS l3 for
Alfred K. 8hualtaet, whereby it is requested that Elaine C. Paulus be appointed 8s emergency
guardian of the estate and of the person of the said Alfred K. Shughart.
Q
'' ffd// Kay Shhghart
~'l~
Sworn to end subscribed
before me this day
of .2002.
Notary Public
12
~ ¢ ~ i ~ ~A ~
MEMORY TRANSMISSION REPORT
TIRE AUG-30-2002 1Z:18PM
TEL NUMBER : +
NAME HEALTH SEARCH INC
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DATE
TO
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START TINE
END TIRE
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495
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