HomeMy WebLinkAbout03-01-13
JAMES E. KAUFFMAN,
Respondent/Principal
v.
BARBARA MURRAY and,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RICHARD SMITH, c ~...~
Petitioners 21-12-846 CIVIL TERM ~ °~ ~
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IN RE: EMERGENCY PETITION FOR GUARDIANSr~
FOR INCAPACITATED PERSON yr, ~ ~J k---
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ORDER OF COURT ``~ `~ ~~'' "~
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AND NOW, 14th day of February, 2013, the math
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having been called to a hearing, and the Court having heard
testimony from Dr. Patrick Ratnasamy for the Petitioner, and.
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Jeffrey R. Boswell, Esquire, for the Respondent, and Ray Yovanovich
for the Petitioner, and those witnesses having been completed with
both direct and cross-examination, and it appearing to the Court
that there are still several remaining witnesses on behalf of the
Petitioner and at least one on behalf of the Respondent, and the
Court after having heard testimony from the various experts in this
case, having now realized that it requires an independent
evaluation by a medical expert that will provide a more recent
update on the Respondent's medical condition, the Court hereby
orders an independent evaluation to be completed pursuant to Title
20, Section 5511(d). The independent evaluation to be done by the
evaluator shall meet the requirements of Title 20, Section 5518,
relating to evidence that this Court must consider in terms of
whether the Respondent is incapacitated or not.
All parties to this matter shall provide to the Court
within two weeks of today's date any recommendations that they have
for the appointment of an evaluator. This Court shall give due
consideration to the appointment of an evaluator nominated by the
alleged incapacitated person.
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This Court has recommend Dr. John Hume to both parties
but will consider any other medical experts as well. Such
evaluator shall complete a report in this matter and shall provide
a copy of the completed report to all the parties and to this Court
two weeks prior to the next scheduled hearing set for June 5, 2013,
at 9:30 a.m. Payment for the expense of the evaluation shall. be
borne equally between the Petitioners and the Respondents.
It is this Court's intention to have a conference call
with the attorneys for both parties several days prior to the next
scheduled court date to determine if the testimony of the evaluator
is necessary or not. Said conference call shall be set up by this
Court with the attorneys.
By the Court,
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Christyl L. Peck, J.
Andrew C. Sheely, Esquire
For the Respondent/Principal
Peter J. Russo, Esquire
For the Petitioners
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: JAMES E KAUFFMAN
V.
BARBARA MURRAY AND RICHARD SMITH CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-12-0846
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE: 03/1/2013
IN RE: ORDER OF COURT
SERVICE TO: ANDREW C SHEELY 127 S MARKET ST PO BOX 95 MECH 17055
JERRY J RUSSO 4250 CRUMS MILL RD HBG 17112
METHOD OF MAILING:
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ENVELOPES PROVIDED BY:
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SERVICE TO:
METHOD OF MAILING:
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I
Deputy
Clerk of Orphans' Court