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Home My WebLink About03-0276Daniel F. Wolfson Amy F. Wolfson Philip C. Warholic James K. Reed* Gordon A, Lynn" Mlchele M. McHu..gh Melissa D. Sweeney *lJcrmea. in Perut~tlvlnla & M,'uyland ~ Ik:cn:~.d in MaiTland Only WOLFSON & ASSOCIATES, P.C. Attorneys at Law 267 East Market Street York, Pennsylvania 17403 (717) 846-1252 (800) 32 !-8467 FAX (717) 848-! 146 e-mail: dfwolfson ~.debtcollectlon.net BRANCH OFFICE___.. _ : 8 Manchester Street Glen Rock, PA 17327 (7! 7) 235-5014 PI.~ASE FORWARD ALL CORRESPONDENCE 7'0 THE YORK OFFICE From: Date: RE: # of pages: FAX T_RANSMISSION COVER,SHEET (717) 240-6462 Honorable :Judge George E. Hoffer Philip C. Warholic, Esquire May 19, 2003 Juliet Betker, an alleged incapacitated person (No. 21-03-276) 2 , including cover sheet COMMENTS,;. Original NOT to follow by regular mall. you for your attention to this matter. Please call with any questions or concerns. Thank THE INFOR1MATION CONTAINED IN THIS FACSIMILE iS CONFIDENTIAL AND I~IAY ALSO CONTAIN PRIVILEGED ATTORNEY-CLIENT INFORFIATION OR WOP, g PRODUCT. THE INFORIqATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHOM IT 15 ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENTt OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, YOU ARE HERF.~Y NOTIFIED THAT ANY USE, DISSElvI~NATION, DISTRIBUTION OR COPYING OF THIS COFqI~JNI~TION I$ STRICTLY PROHIBITED. IF YOU RECEIVE THIS FAC.5IMILE IN ERROR, PLEASE NOTIFY US BY TELEPHONE IMHEDLATELY, AND I~ETURN THE ORJG]NAL IvfESSAGE TO U5 AT THE ADDRESS ABOVE VIA THE U.S. POSTAL SERVICE *** THANK YOU *** Daniel F, Wolfson Amy, F. Wolfson Phtllp C. Warhollc James K. Reed* Gordon A. Lynn ^ PARALE.GALS Michele M. McHugh Me]issa D, 8weeney · lJe0n~ea In p~nn.~'lww'Ja & Mn ~land ~ I~eer~ed in Ma ,~,'lalld ~ly WOLFSON & ASSOCIATES, P.C. Attorneys at Law 267 East Market Street York, Pennsylvania 17403 (717) 846-1252 (800) 32 !-8467 FAX (717) 848-1, 146 e-mail: dfwolfson @debtcollection.ne t OFFICE: 8 Manchester Street Glen Rock, PA 17327 (7! T) 235-50~4 PLEASE FORWARD ALL CORRESPONDENCE TO THE YORK OFFICE 19 May 2003 SENT VIA FACSIMILE (71 7) 240-6462 Honorable Judge George E. Hoffer Cumberland County Court House One Courthouse Square Carlisle, PA 17013 IN RE: ]ullet Betker, an alleged incapacitated person Cumberland County Orphan's Court No. 21-03-276 Dear Judge Hoffer: Please accept this correspondence as a formal, written request that the guardianship heating currently scheduled in this matter for Flay 19, 2003 at 3:00 p.m., be cancelled. The reason for said request is that it has been discovered that the alleged incapacitated person's Power of Attorney has, in fact, not violated his duties as Power of Attorney for Juliet Betker, an alleged incapacitated person, and will be available to make any medical derisions which are necessary to be made regarding Juliet Betker, an alleged incapacitated person. Accordingly, no hearing will be necessary take place in this matter, and we respectfully request that thfs matter be taken off of the Court's calendar. Thank you for your courtesy and cooperation in the handling of this matter. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact the undersigned. Sincerely, WOLFSON ~ ASSOCIATES, P.C. PCW/ts / Susan Kay Candiello, Esquire HCR Manor Care-Camo Hill IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: : JULIET BETKER, an : No. alleged incapacitated : person : : PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE WITH 20 PA C.S. SECTION 5511 TO THE HONORABLE JUDGES OF THE SAID COURT: 1. Petitioner, HCR Manor Care (hereinafter referred to as "Petitioner"), is a health care provider qualified to conduct business in the Commonwealth of Pennsylvania, and is the residential services provider for JULIET BETKER, the alleged incapacitated person. Petitioner maintains offices and/or a place of business within the County of Cumberland, located at 1700 Market Street, Camp Hill, Pennsylvania 17011. 2. The alleged incapacitated person, JULIET BETKER, having a date of birth of April 30, 1914, is 88 years of age, is widowed, has a Social Security Number of 19&-I 8- 7440, and presently maintains her domicile at 1700 Market Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. To the best of the Petitioner's knowledge, information and belief, the names addresses and relationships of the alleged incapacitated person's parents, spouse and/or adult testate or intestate heirs are as follows: 1 ) Paul Kuntz- son. The last known mailing address of Paul Kuntz is 2455 Walker Mill Road, Harrisburg, Pennsylvania 17110. 4. The alleged incapacitated person's functional limitations are: disorientation as to time and occasionally as to place; incontinent; able to speak, but not into complete a sentence; and inability to perform any activities of daily living without substantial assistance. 5. The alleged incapacitated person lacks sufficient capacity to make or communicate responsible decisions concerning her person or property due to her age and physical incapacity, more specifically described herein, which has permanently impaired the alleged incapacitated person's abilities, and which requires the care available at a skilled care facility. 6. Petitioner seeks the appointment of a plenary guardian of the person of JULIET BETKER because infirmities of old age and mental deficiencies impair her ability to receive and evaluate information effectively and communicate decisions in any way to such a significant extent that she is totally unable to meet essential requirements for her physical health and safety, and is totally unable to manage her financial resources. 7. The specific areas concerning which JULIET BETKER is alleged to be incapacitated are as follows: Mental infirmities of old age; Mental disability; Moderately advanced to advanced dementia; 2 4. Alzheimer's Disease~ and 5. Depression. 8. The alleged incapacitated person, upon information and belief, was never a member of the armed services of the United States. 9. The approximate value and/or extent of the assets of the alleged incapacitated person are unknown to the Petitioner. 10. The estimated monthly net income of the alleged incapacitated person is unknown to the Petitioner. 1 1. Because of her mental and/or physical condition, the alleged incapacitated person is totally unable to manage her financial affairs, property, and business and is liable to dissipate her property or become the victim of designing persons, and lacks the capacity to make and communicate responsible decisions relating thereto, including the ability to communicate her need for assistance in these areas. 12. Because of her impaired mental and/or physical condition, the alleged incapacitated person lacks the capacity to make or communicate responsible decisions concerning her person and is unable to keep herself properly nourished and hydrated, make her own living arrangements or otherwise tend to the daily necessities of her care. 1 3. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of her Estate be appointed to manage and handle all aspects of the alleged incapacitated person, specifically including, but not limited to all issues related to her cash, checks, and any bank or savings accounts held in her name, stocks and bonds, personal property, real estate, life and other insurance of which she is a beneficiary, entitlement to any governmental and non-governmental benefit plans, federal, state and local taxes, claims made or to be made on behalf of her or against her, the execution of documents, entry into contracts affecting her and the payment of reasonable compensation or costs to provide services for her. 14. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable less restrictive alternatives necessitate the plenary ~Jardian of her person be appointed to handle all issues relating to the person of alleged incapacitated person, specifically including, but not limited to her living arrangements, her medical and psychiatric care, the administration of medication to her, and the employment and discharge of physicians, psychiatric, dentist, nurses, therapists, and other professionals for her physical and mental treatment and care. 1 5. To the extent known by Petitioner, it is averred that the alleged incapacitated person has executed a Power of Attorney, in the name of her son, Paul Kuntz, but it is believed and therefore averred by Petitioner that said Power of Attorney is violating his duties as Power of Attorney and Legal Representative/Responsible Party of the alleged incapacitated person. 16. To the extent known by Petitioner, it is averred that the alleged incapacitated person has not executed an Advance Directive for Health Care or Living Will. 17. To the extent known by Petitioner, it is averred that the alleged incapacitated i person does not have a Will which, inter alia, names the alleged incapacitated person's aforementioned heirs, as Executor. 18. Petitioner is without knowledge or information as to whether the alleged incapacitated person has funds reserved for funeral and burial. 19. No reasonable alternatives to the appointment of a guardian of the person and estate of ]IdLIET BETKER exist, due to the age and physical condition of the alleged incapacitated person, and due to the fact that it is believed and therefore averred by Petitioner that the aforementioned Power of Attorney is violating his duties as Power of Attorney and Legal Representative/Responsible Party of the alleged incapacitated person. 20. The Petitioner proposes that this Honorable Court appoint a plenary guardian of the estate and person of ]IdLIET BETKER, the alleged incapacitated person. 21. The Petitioner requests that the proposed guardian of the estate and person have no interest adverse to the alleged incapacitated person. 22. No other Court, upon information and belief, has heretofore assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 23. Upon information and belief, no other guardian has been appointed for the Estate or the person of the alleged incapacitated person. WHEREFORE, Petitioner respectfully requests that this Honorable Court award a citation directed to JULIET BETKER, the alleged incapacitated person, and to such other persons as this Honorable Court may direct to show cause why JULIET BETKER should not be adjudged a fully incapacitated person, and in need of a plenary guardian of her person and estate; and why a guardian of her person and estate should not be appointed pursuant to 20 Pa. C.S.A. §5513; and to require notice of this proceeding to such persons as this Honorable Court may direct. Respectfully submitted, Pl i i c.' WOLFSC 267 Eas! York, PA rarh~lic, l~squi~ -v ~--. ~ ASSOCIATES, P.C. Market Street 7403 (717) 846-1252 ID No. 86341 Attorney for Petitioner 6 VERIFICATION Philip C. Warholic, Esquire, hereby states that he is the attorney for the Petitioner, HCR Manor Care, and he is authorized to take this verification on behalf of said Petitioner in the within action and verifies that the statements made in the foregoing Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person are true and correct to the best of his knowledge, information, and belief, based upon information provided by the Petitioner. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Philip C/~arholic, Es'quire WOLF~DN ~ ASSOCIATES, P.C. 267 East Market Street York, PA 17403 (717) 846-1252 ID No. 86341 Attorney for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: : JULIET BETKER, an : No. alleged incapacitated : person : o 1- o1oo8- 0 PRELIMINARY DECREE AND NOW, this /_S ~day of Z~/~_~ 2003, it is hereby ORDERED that upon consideration of the annexed Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person in Accordance with 20 Pa. C.S.A. Section 5511, it is hereby ORDERED that a Citation be awarded and directed to JULIET BETKER to show cause, if any, why she should not be adjudicated as an incapacitated person and a guardian be appointed for his Estate. A hearing shall be held on the // day of ~_~,~, 2003, at ~ .'~2 _~.m., in Courtroom _~.~ of the Cumberland County Court House, Carlisle, PA. At least twenty (20) days' notice of the hearing shall be given to the alleged incompetent by personal service of the said Notice upon those individuals mentioned in the Petition, whose addresses are known to the Petitioner, by personal service or by Certified Mail. BY THE COURT: IN RE: Juliet Betker, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2003-0276 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 our right to manage money and property and to make decisions. A copy of the petition which has been filed by HCR Manor Care 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 May 19 ,2003, at 3:00 P.M. 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 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 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 hearing (either in person or by an attorney representing you) the court will still hold the heating in your absence and may appoint the Guardian requested. Clerk, Orphans Cotirt Division 't(, Cumberland County, Carlisle, PA ~/ My Commission Expires 1st Monday, January, 2006