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HomeMy WebLinkAbout06-26-14 Adam R. Deluca, Esquire PA Supreme Court ID #: 311738 c s rn Allied Attorneys of Central Pennsylvania, LLC LD Z7 � ci o rq n z co a 61 West Louther Street s I a Carlisle, PA 17013 �' � , (717) 249-1177 " o (717) 249-4514 Fax adeluca( keystonehearings.com IN RE: IN THE COURT OF COMMON PLEAS OW FRANHIE LEE COLEMAN CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION AN INCAPACITATED PERSON NO. `{ PETITION FOR ACCEPTANCE OF JURISDICTION AND TRANSFER OF GUARDIANSHIP AND NOW comes Petitioner, Knitique S. Coleman, Guardian of Frankie Lee Coleman, an incapacitated person, by and through her attorneys, Adam R. Deluca, Esquire and Allied Attorneys of Central Pennsylvania, LLC, and files the instant petition seeking Cumberland County to accept jurisdiction of the above-captioned Guardianship matter from York County, and as such, that York County transfer the case to Cumberland County. PART L• ACCEPTANCE OF JURISDICTION AND TRANSFER OF GUARDIANSHIP 1. Petitioner is Knitique S. Coleman, an adult individual, with a present address of 4063 Darius Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Frankie Lee Coleman, an adult incapacitated person, has a present address of Golden Living Community, 770 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania 17011. `t 3. Petitioner is the daughter and appointed guardian of the person and estate of Frankie Lee Coleman, the incapacitated adult in this transfer request, pursuant to a Court of Common Pleas of York County, Orphans' Court Division Order dated June 13, 2011, at Docket No. 67-11-0588, attached hereto as "Exhibit A". 4. Petitioner has resided in Cumberland County at the above listed address since August 31, 2001. 5. Frankie Lee Coleman, an incapacitated person, has resided in Cumberland County at the above listed address since May 2011. 6. Both Petitioner and Frankie Lee Coleman, an incapacitated person, having moved from York County to Cumberland County, now seek to have Cumberland County accept jurisdiction of this guardianship matter, and that York County transfer the case to Cumberland County,pursuant to a Court of Common Pleas of York County, Orphans' Court Division Order dated April 16, 2013, at Docket No. 67-11-0588, attached hereto as "Exhibit B.". WHEREFORE, Petitioner respectfully requests that this Honorable Court accept jurisdiction of the above referenced guardianship matter from York County, and that York County transfer the case to Cumberland County. Respectfully submitted, ADAM R. DELUCA, ESQUIRE PA Supreme Court ID #: 311738 Allied Attorneys of Central Pennsylvania, L.L.C. 61 West Louther St. Carlisle, PA 17013 (717) 249-1177 (717) 249-4514 Fax Attorney for Petitioner VERIFICATION I, KNITIQUE S. COLEMAN, verify that the statements made in this Petition 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 unworn falsifications to authorities. J Date: (Ion-12 23 Zq' Knitiq . Coleman, Petitioner IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA In the Interest of No. 6711-0588 FRANKIE LEE COLEMAN, Orphans ' Court Incapacitated Person Division York, Pa. , Tuesday, May 17, 2011 Before Honorable Penny Lee Blackwell, Judge N O ^ O APPEARANCES : n c 0,;,, � 'r� C PATRICIA ZUCKER, Esquire For Knitque Coleman RICHARD KONKEL, Esquire For Frankie Lee Coleman 0 R D E R This is the time set by the Court for a review hearing as well as a hearing to confirm the permanency of the appointment of Knitique Coleman. She testified as to what she has undertaken since the date of April 12th, 2011, on behalf of her father, Frankie Lee Coleman. 1 The Court in the April 12th, 2011, Order had adjudicated Mr. Coleman as being incapacitated totally as to person and estate. Dr. Mann testified today within a reasonable degree of medical certainty that unfortunately Mr. Coleman has improved somewhat but not to_,the,. level ,cf,. regaining his competency. and capacitv. ..._, He is in a nursing home called Golden Living, which is located in Camp Hill, Pennsylvania. Mr. Coleman is suffering, unfortunately, from partial paralysis and has other complicating matters that were set forth in the April 12th Order. He is at a high risk of complications and infections and has to receive 24/7 care. The physician testified that he is uncertain as to whether Mr. Coleman will be able to regain his capacity, and it may take up to one year to be able to ascertain whether Mr. Coleman, indeed, can handle his own affairs. The Court reaffirms the April 12th, 2011, finding of incapacitation, and the Court finds that his incapacitation is total as to both estate and person. He is unable to receive, evaluate, and 2 communicate information so as to have the ability to make decisions both as to his person and estate . Knitique Coleman testified that she has undertaken contacting all of the various creditors, utilities, and banks so as to be able to ascertain his true financial status and to garner all resources for the .benefit_of her..fathe.r The physician, the Court notes, testified that he believes Ms . Coleman has acted appropriately and has undertaken a full involvement with her father' s recovery as well as any and all medical decisions . She has also cooperated with Golden Living so as to have the appropriate paperwork filed so as to hopefully have Mr. Coleman receive medical assistance and/or any other monies that may be available for his care . Given that Ms . Coleman indicated under oath that she is willing to. remain the guardian for her father, the Court does reaffirm her appointment as plenary guardian of the person and of the estate of Frankie Lee Coleman. once again, she is reminded to file the 3 77 777777- appropriate reports through the orphans ' court Division of the Courts, and those forms are available on the orphans , Clerk website- She has not sought any compensation for being the guardian for her father, and, therefore, none is given to her. The Court at this time will waive the bond requirement given the estate . ".Copies of this order are to be, sent to I counsel of record as well as to Ms . Coleman at 4063 Darius Drive, Enola, Pennsylvania 17025 . BY THE COURT: Pe y Lee Blackwell Judge kmf 061011,11 CERTIFIED from the records of the Orphans' .Court Division of the Common Pleas Court of York County, Pennsylvania this day A D 20 f7ADLEY C.JA C s Clerk IJ 4 N IN THE COURT OF COMMON PLEAS OF YORK CaUNTY, PENNSYLVANIA In Re: —No. 67-11-588 ° FRANKIE LEE COLEMAN An incapacitated person Orphans' Court Division m F t ORDER The Court has been advised that Frankie Lee Coleman, and incapacitated person, is now residing in Cumberland County, Pennsylvania. Knitique Coleman, guardian of the person and estate of Frankie Coleman, also resides in Cumberland County, Pennsylvania. The guardian is now directed to file a petition in the county in which they both reside in which the petition requests that county accept jurisdiction of Mr. Coleman's case and that York County transfer the case to that county. Notice is to be given to the Orphans' Court of York County that the petition has been filed. A copy of this Order shall be sent to Knitique S. Coleman,4063 Darius Drive, Enola, Pennsylvania 17025. BY THE COURT: 4' Blackwell Judge t fi Dated this l day of April, 2013