HomeMy WebLinkAbout02-23-05 (2)
IN RE: Joseph A. Hoffman,
An alleged incapacitated person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
NO. 21-2005-173
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
Cumberland/Perry MH.MR Office is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No.1, Cumberland
County Courthouse, Carlisle, Pennsylvania, on March 30th ,2005, 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. Ifthe
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 hearing in your absence and may appoint the Guardian requested.
Date:02-24-05
By:
Clerk, Orphans' Court Division
Cumberland County, Carlisle, P A
My Commission Expires 1 st Monday,
January, 2006
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
Joseph A. Hoffman,
An Alleged Incapacitated Person
NO. 21-05-
INCAPACITATED PERSON
ORDER OF COURT
'A
AND NOW, this d-.3Ld day of IJiJ-WJ1A(f2005, upon review of the
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attached Petition, a hearing is scheduled in this matter for .;J;rl~4Jr; r} the _ day
of ))l(),At,~ ,2005, at J:LiV 2r.f!tIr.l p.m., in Courtroom # 1, Cumberland County
Courthouse, Carlisle, Pennsylvania. The Clerk of the Orphans' Court Division is
directed to prepare a Citation with Notice for service upon the alleged incapacitated
person.
Personal service of this Order and accompanying Citation with Notice and
Petition shall be caused to be made upon the alleged incapacitated person by
Petitioner in accordance with the Probate, Estates and Fiduciaries Code. Notice shall
also be given to all other persons and entities required to be notified under the Code.
Proof of service shall be furnished at the above-scheduled hearing.
BY THE COURT,
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I verify that the statements made in the foregoing Petition for an
Appointment of an Plenary Guardian Pursuant to 20 PA. C.S.A. 9 5511 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. 9 4904, relating to
unsworn falsification to authorities.
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Robert L. O'Brien, Esquire
Dated: -2/2 2-} o-S-
INRE:
Joseph A. Hoffman
an Alleged Incapacitated
Person
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: ORPHANS' COURT DIVISION
: NO. 21-05-
: GUARDIANSHIP
ORDER OF COURT
AND NOW, this day of , 2005, at a.m I p.m,
upon review of the attached Petition, and pursuant to 20 PA. C.S.A. 9 5513, this Court
appoints Barry Claypool, Emergency Guardian of the Estate and Person of Joseoh A.
Cramer, an alleged incapacitated person.
IT IS FURTHER ORDERED THAT:
The Guardianship shall appointment shall terminate in 72 hours, and no report,
other than submission of a copy of the discharge and admitting forms to be placed with
the Register of Wills, shall be required.
BY THE COURT,
J.
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INRE:
Joseph A. Hoffman,
an Alleged Incapacitated
Person
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: ORPHANS' COURT DIVISION
: NO. 21-05 -
: GUARDIANSHIP
PETITION FOR APPOINTMENT
OF A TEMPORARY GUARDIAN
OF THE ESTATE AND PERSON PURSUANT
TO 20 PA. C.S.A. 5513
1) Your Petitioner is Robert L. O'Brien, Esquire, Solicitor for the
Cumberland/Perry County Mental Health/Mental Retardation Office.
2) Respondent is Joseph A. Hoffman, an incapacitated person, currently
receiving care at West Shore Health and Rehabilitation Center, 770 Poplar Church Rd.,
Camp Hill, PA 17011. Respondent is an adult individual being presently 59 years of
age with a birth date of December 27, 1945.
3) The proposed guardian is Barry Claypool who has known Mr. Hoffman for
a number of years through his work with CPARC. He requests that she be appointed a
temporary guardian to arrange for to arrange for Mr. Hoffman's discharge from West
Shore Health and Rehabilitation Center and his admission to Manor Care Health
Services in Carlisle, PA. Thereafter he requests that he be appointed plenary guardian
of the estate and person in a permanent capacity. A determination has been made
that, due to Mr. Hoffman's low intellectual functioning, he is unable to act in any
capacity in reference to his needs for placement and care.
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4) The proposed Guardian has no interest adverse to that of Mr. Hoffman.
5) Mr. Hoffman has, in addition to his limited mental capacity, been
diagnosed with terminal alzheimer / dementia and has significant health problems that
prevent him from attending court.
WHEREFORE, Petitioner, Robert L. O'Brien, respectfully requests that the Court
order that Respondent Joseph A. Hoffman be adjudged an incapacitated person and
Barry Claypool be appointed emergency Guardian of the Person and Estate.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
BY
'""' /'
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Robert L. O'Brien, Esquire
Solicitor for the Cumberland/Perry
County MH/MR Office
1.0. # 28351
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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I verify that the statements made in the foregoing Petition for an Extension
of Appointment of an Emergency Guardian Pursuant to 20 PA. C.S.A. ~ 5513 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: -Z /2 2..((; s.-
I,
~~~
Robert L. O'Brien, Esquire
INRE:
Joseph A. Hoffman,
an Alleged Incapacitated
Person
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: ORPHANS' COURT DIVISION
: NO. 21-05 -
: GUARDIANSHIP
CONSENT OF GUARDIAN
The undersigned Barry Claypool, proposed Guardian, consents to his
appointment as Guardian of the Estate and Person of Joseph A. Hoffman. I verify that I
have no interest in this appointment that is adverse to the interest of Joseph A.
Hoffman. I verify that these statements 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. 9 4904, relating to unsworn falsification to
authorities.
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Barry ~OOI
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
COUNTY, PENNSYL V ANlA
Joseph A. Hoffinan
AN ALLEGED INCOMPETENT
ORPHANS' COURT DNISION
IN RE NO.
PETITION FOR APPOINTMENT OF A
TEMPORARY GUARDIAN OF THE PERSON
PURSUANT TO 20 Pa. C.S.A. 5513
The Petition of
, respectfully represents:
1.
Your
Petitioner
IS
'-~\:,~-\- l..O~~(e.----, g~.
2.
Joseph A. Hoffman
is currently receiving care at
West Shore Health & Rehabilitation Center, 770 Poplar Church Rd., Camp Hill, P A
17011(phone 717-763-7070)
3.
Joseph A. Hoffman
domiciled at
829 Lisburn Rd., Camp Hill, P A 17011
4.
Joseph A. Hoffman
IS
59
years of age
having been born on
12/27/1945
5.
Joseph A. Hoffinan
marital status IS
never married
6.
Those persons, if any, who are Joseph A. Hoffman's
next-of-kin and
their relationship to same, of whom your Petitioner has knowledge are as follows:
None.
7. No other Court within the Commonwealth of which Petitioner has knowledge has
appointed a guardian for Joseph A. Hoffman
8.
Joseph A. Hoffman
is mentally retarded.
9.
Because of mental deficiency,
Joseph A. Hoffman
lacks sufficient
capacity to make or communicate responsible decisions concerning his/her person as
set forth in the attached Affidavit prepared by
, marked as
Exhibit A and made a part hereof.
10.
Joseph A. Hoffman
is in need of residential mental
retardation services.
11.
Joseph A. Hoffman
has been accepted for placement
at West Shore Health & Rehabilitation Center (plans to move to ManorCare Health
Services in Carlisle) upon the condition that a guardian of the person be appointed to
consent to said placement on his/her behalf.
12.
Barry Claypool
, having no interest adverse to
Joseph A. Hoffman
, has agreed to act as Temporary Guardian of the
Person of Joseph A. Hoffman
ifthis Honorable Court shall so appoint.
WHEREFORE,
Petitioner
prays
this
Court
place
under the temporary guardianship of Barry ClayPool
, pursuant to 20
Pa. C.S.A. g 5513 and empower said temporary guardian to provide substitute consent for such
community-based or institutional services as may be necessary to provide for his/her needs.
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BY:
V.I Veil V.., .&..&.. ".. &-l14'&"'&" .....V'60V......
AN ALLEGED INCOMPETENT
IN TIlE COURT OF COMMON PLEAS
COUNTY, PENNSYLVANIA
ORPHANS' COURTDMSION
IN RE NO.
IN THE MA TIER OF
COMMONWEAL m OF PENNSYL V ANlA
SS#;
COUNTY OF
< ~I ~ .4 u ;oM I lYl.fJ . being duly sworn according to law, deposes
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and say that:
1. He 15 a licensed, practicing physician who is employed at
(}t4r/ ("~) .42/.?/.d/f?t-t dcff c7G. where
on :J /9,1 tJS . he examined patient therein:
viz:(Name) ,fcU~ ;ft~;lnqn ,(Age)
(Sex) rv7 A1 t:::-- . who was admitted from 1,1 / ~/ 05
on
, with a history of
At the examination, the following symptoms were observed:
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from
which
the
diagnosis
made
IS:
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with a prognosIs as follows:
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2. On the basis of the foregoing bistory and examination, the affiant is of the opinion
that f oJ 7'~ / ~ #-J'I't Jt1?-, . because of mental deficiency, lacks
sufficient capacity to make or communicate responsible decisions concerning hislher
choice to receive conununity.based or institutional services for the mentally retarded.
3. Because of tbe physical or mental condition of said patient, bislher welfare
would/would not be promoted by hislher presence in Court.
SWORN TO AND SUBSCRIBED
BEFORE ME TInS ~ DAY
OR ~ ~.JMlI4(f/ (;).O1l5 .
NOTARY PUBLIC
~c.;) 1Q~~
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
AFFIDA VlT
-~hu- ~
!-~ O'~r\'~
, Petitioner in this
A-\-\c~~
,
sworn according to law, do depose and state that I am
of c""",-l~ \av..,...J ~<<.'\')\ fV\. HM~ ~<.Q and that the
matter, being duly
facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information,
and belief.
,
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Petitioner
SWORN TO AND SUBSCRIBED BEFORE
ME, THIS
~~'d
t=e..bnt-Q'j
DAY OF
,2005.
~~~
NUIAK~ PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Am~da L. Fisher, Notary Public
Carhsle Bora, Cumberland County
M Commission Ex ires A r. 17, 2006
Member. Pennsylvania Associallon of Notaries