HomeMy WebLinkAbout06-26-14 Adam R. Deluca, Esquire
PA Supreme Court ID #: 311738 c s
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Allied Attorneys of Central Pennsylvania, LLC LD Z7 � ci o
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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.
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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.
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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
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APPEARANCES : n c 0,;,,
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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.
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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
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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
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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
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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
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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
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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
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Dated this l day of April, 2013