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Home My WebLink About10-05-09IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION ~ o c o ~~ ('~ ~ L'? IN RE: ROSE E. COLBERT O.C. No. 21-09-0863 ' ~~ ' ~~ `- An Alleged Incapacitated Person _? .. ._ ; ~ ~ ~ ` , -~ ' ~, z -ti; a ~ MOTION FOR SPECIAL ORDER FOR ALTERNATE SERVICE N c '~ PURSUANT TO Pa.R.C.P. 430 AND NOW, COMES, GGNSC Camp Hill III LP d/b/a Golden Living Center -Camp Hill ("Plaintiff'), by and through its counsel, Schutjer Bogaz LLC, and files this Motion for Special Order for Alternate Service Pursuant to Pa.R.C.P. 430, as follows: 1. Plaintiff operates a skilled nursing facility, located at 46 Erford Road, Camp Hill, Pennsylvania 17011. 2. Rose E. Colbert is a resident at Plaintiffs skilled nursing facility, located at 46 Erford Road, Camp Hill, Pennsylvania 17011. 3. Rose E. Colbert's son and agent through power of attorney is Stanley E. Colbert, Jr., whose mailing address is 5583 Mercury Road, Harrisburg, Pennsylvania 17109. 4. On or about September 16, 2009, Plaintiff filed its Petition Under §5511 of the Probate, Estates and Fiduciaries Code to Adjudge Rose E. Colbert to be Totally Incapacitated and Appoint a Guardian for her Person and Estate ("Petition"). 5. On or about September 16, 2009, the Court issued a Preliminary Decree setting a hearing date of October 22, 2009 with respect to the Petition, and requiring service of the Citation with Notice and the Petition upon "all persons who aze sui juris and who would be entitled to an intestate shaze in the estate of the alleged incapacitated person." See the Preliminary Decree attached hereto as Exhibit A. 6. On or about September 21, 2009, the Court issued an Amended Citation with Notice, to the alleged incapacitated person, which was to be served with the aforementioned Preliminary Decree and Petition. See the Amended Citation with Notice attached hereto as Exhibit B. 7. In accordance with 20 Pa.C.S. §5511(a), Plaintiff has attempted to provide to Stanley E. Colbert, Jr., the required notice of the Petition and Hearing date, by First-Class, Certified Mail, Return Receipt Requested, as directed by the Preliminary Decree. See the October 1, 2009 letter sent via First Class Certified Mail to Stanley Colbert attached hereto as Exhibit C. 8. However, it is the Plaintiff's experience with Stanley E. Colbert, Jr. in litigation in the Civil Division that he refuses to retrieve and/or sign for Certified Mail resulting in the return of the same to the sender. 9. In the aforementioned litigation, a similaz Motion for Alternate Service is pending with respect to service of the Complaint upon Stanley E. Colbert, Jr. due to his evasion of service of process by two sepazate process servers and the Dauphin County Sheriff's Department. 10. Pursuant to 20 Pa.C.S. §768, notice in an Orphan's Court proceeding may be made "by personal service, by registered mail, by publication or otherwise, as the division shall direct by general rule or special order." 11. The use of U.S. Mail, First Class, is the only known way to communicate with Stanley Colbert, as he refuses to accept service by process server, sheriff, or certified mail. 12. Moreover, correspondence sent to Stanley E. Colbert, Jr. at his residence, by this Plaintiff, via U.S. Mail, First Class, has never been returned to sender, nor has any indication of non-receipt been provided. 2 13. Service of the Petition and Notice of Citation by U.S. Mail, First Class, would provide adequate notice to Stanley E. Colbert, Jr. of the proceedings filed with respect to his mother, which the Court has the authority to permit by special order. WHEREFORE; Plaintiff requests that the Court enter a Special Order permitting Alternate Service of the Petition and Notice of Citation upon Stanley E. Colbert, Jr. by U.S. Mail, First Class. Respectfully submitted, ScaoT.tEa Borax LLC Dated: _~~ sy: /? `` Livia F. Lai on PA. I.D. #91548 (412)281-3710 Marijane E. Treacy PA. I.D. #84070 (412)281-3535 U.S. Steel Tower 600 Grant Street, Suite 3290 Pittsburgh, PA 15219 Fax (412)281-0530 Bradley A. Schutjer PA. I.D. #83755 (717)909-5921 417 Walnut Street, 4th Floor Harrisburg, PA 17101 Fax (717)909-5925 Attorneys for Plaint 3 SEP ~ 6 2009 ~y, IN THE COURT OF COMMON PLEAS -CUMBERLAND COUNTY ORPHANS' COURT DIVISION IN RE: ROSE E. COLBERT . An Alleged Incapacitated Person O.C. No. a-l -c~~j -v~ ~ o C CT ~ _ ..c C7 .~ J ,?.J~ f'!'t ~ j J _Lly~ -O ~~ 77 PRELIMINARY DECREE AWARDED - CITATION AWARDEIL-~~ ,v r': j; PERMANENT PLENARY GUARDIAN OF PERSON AND ESTA~F$; ~ '~ C r, ~ c~, ~J f , JNI C ,(~ -D -i N O ~~ - ~ ~` 7 " W. S A D N W, this day of J ~ " ,J2009, upori consideration of the an n~d Petition for Adjudication of Incapacity and Appointment of Permanent Plenary Guazdian of the Person and Estate, it is hereby Ordered and Decreed that: 1. A citation is awazded, directed to Rose E. Colbert, an alleged incapacitated person, to show cause why she should not be adjudicated an incapacitated person and why a PERMANENT PLENARY GUARDIAN of her PERSON and ESTATE should not be appointed; the heazing t~~hpper~~eon to be held in Cournoom # ~ Cumberland County Courthouse, Carlisle, PA on ~v~11!`Z_7.a- , 2009, at ~• 3 d o'clock Q.M. 2. Petitioner shall cause to be served (by personal service) the Citation with Notice and Petition, pursuant to the Provisions of 20 Pa. C.S. § 5511(a), upon the alleged incapacitated person at least twenty (20) days prior to the court hearing for the Permanent Plenary Guardianship of the Person and Estate. The contents and terms of the Citation with Notice and Petition shall be read and explained to the maximum extent possible in language and terms the alleged incapacitated person is most likely to understand, in accordance with the provisions of 20 Pa. C.S. § 5511(a). An affidavit of service containing specific averments of the above requirements shall be presented at the beginning of the court hearing. 3. At ]east twenty (20) days prior notice of the court hearing together with a copy of the Petition shall be given personally or by first-class, certified mail, return receipt requested to all persons who are sui juris and who would be entitled to an intestate share in the estate of the alleged incapacitated person, to the institution providing residential services to the alleged incapacitated person, and to the proposed guardian in accordance with 20 Pa. C.S. § 5511(a). An affidavit of service containing specific averments of the above requirements shall be presented at the beginning of the court hearing. 4.- - -Petitioner or counsel shall notify the court, in writing, at least seven (7) days prior . to the court hearing if counsel has not been retained on behalf of the alleged incapacitated person in accordance with 20 Pa. C.S. § 551 I (a). This notice shall also contain al] pertinent information which would indicate to the court whether or not counsel should be appointed to represent the interests of the alleged incapacitated person. 5. The alleged incapacitated person shall be present at the court hearing unless it is established by clear and convincing medical evidence that her physical or mental condition would be harmed by her presence in court in accordance with the provisions of 20 Pa. C.S. § 551 ] (a). J. CERTII~'ICATE OF SERVICE I hereby certify that on this date a true and coaect copy of the foregoing Motion for Special Order for Alternate Service Pursuant to Pa.R. C.P. 430 was served via first-class, United States mail, postage prepaid, upon the following: Stanley E. Colbert, Jr. 5583 Mercury Road Harrisburg, PA 17109 Date: /v D B Linda Scisciani, Pazalegal 5 SEP ~ 6 2009(„ IN THE COURT OF COMMON PLEAS -CUMBERLAND COUNTY ORPHANS' COURT DIVISION IN RE: ROSE E. COLBERT An Alleged Incapacitated Person O.C. No. a1-1-c~~j -U~~ 0 c ,~., CT)~ Cn F!'a ~__ ''-_~ 2 C7 -rnp G> ~ ~ ~> PRELII~IINARY DECREE AWARDED - CITATION AWARDEl1<-~ ~ - r=+ -;; PERMANENT PLENARY GUARDIAN OF PERSON AND ESTA~" J z. ~~' °° n. `' -,c a ; AND NOW, this ~~ day of ~~~~" 2009, upon consideration of the ann~ed ~ , ~,, Petition for Adjudication of Incapacity and Appointment of Permanent Plenary Guardian of the Person and Estate, it is hereby Ordered and Decreed that: 1. A citation is awazded, directed to Rose E. Colbert, an alleged incapacitated person, to show cause why she should not be adjudicated an incapacitated person and why a PERMANENT PLENARY GUARDIAN of her PERSON and ESTATE should not be appointed; the hearing~thper~eon to be held in Courtroom # ~ Cumberland County Courthouse, Carlisle, PA on ~vLtlll`Z7,a- , 2009, at ~• 3 ~ o'clock Q.M. 2. Petitioner shall cause to be served (by personal service) the Citation with Notice and Petition, pursuant to the Provisions of 20 Pa. C.S. § 5511(a), upon the alleged incapacitated person at least twenty (20) days prior to the court heazing for the Permanent Plenary Guazdianship of the Person and Estate. The contents and terms of the Citation with Notice and Petition shall be read and explained to the maximum extent possible in language and terms the alleged incapacitated person is most likely to understand, in accordance with the provisions of 20 Pa. C.S. § 5511(a). An affidavit of service containing specific averments of the above requirements shall be presented at the beginning of the court hearing. 3. At least twenty (20) days prior notice of the court hearing together with a copy of the Petition shall be given personally or by first-class, certified mail, return receipt requested to al] persons who are s•ui juris and who would be entitled to an intestate share in the estate of the alleged incapacitated person, to the institution providing residential services to the alleged incapacitated person, and to the proposed guardian in accordance with 20 Pa. C.S. § 5511(a). An affidavit of service containing specific averments of the above requirements shall be presented at the beginning of the court hearing. 4.- - -Petitioner or course] shall notify the court, in writing, at least seven (7) days prior . to the court hearing if counsel has not been retained on behalf of the alleged incapacitated person in accordance with 20 Pa. C.S. § 5511(a). This notice shall also contain al] pertinent information which would indicate to the court whether or not counsel should be appointed to represent the interests of the alleged incapacitated person. 5. The alleged incapacitated person shall be present at the court hearing unless it is established by clear and convincing medical evidence that her physical or mental condition would be harmed by her presence in court in accordance with the provisions of 20 Pa. C.S. § 55 ] 1(a). J. IN RE: ROSE E. COLBERT AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-09-0863 AMENDED IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declazed an Court finds you to be an Incapacitated Person, your rights will be affectf ~, 0 -rno N I~lre rt~ manage money and property and to make decisions. A copy of the petition which has been filed by GGNSC CAMP HILL III LP d/b/a Golden Livin Center is attached. You aze hereby ordered to appeaz at a hearing to be held in Court Room No. 3, Cumberland County Courthouse, Cazlisle, Pennsylvania, on October 22 , 2009, at 2:30 P.M. to tell the Court why it should not find you to be an incapacitated Person and appoint a Guazdian to act on your behalf. To be an incapacitated Person means that you aze not able to receive and effectively evaluate information and communicate decisions and that you aze unab]e to manage your money and/or other property, or to make necessary decisions about where you will live, what medical caze you will get, or how your money will be spent. At the heazing, you have the right to appeaz, 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 as to your alleged incapacity. If the Court decides that you are an Incapacitated person, the Court may appoint a t:: - ~:5 '' =;,= ~.~ c=:.:, -, ..:;, 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 aze 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 appeaz at the heazing (either in person or by an attorney representing you) the court will still hold the hearing in your absence an may appoint the Guardian requested. Date:09-21-2009 gy. Cler ,Orphans' Court Division Cumberland County, Cazlisle, PA My Commission Expires I $` Monday, January, 2010