HomeMy WebLinkAbout07-30-92
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LAW OFFICES
KOZLOFF, DIENER, PAYNE & FEGLEY
PROFESSIONAL CORPORATION
DAVID M. KOZL.OFF
WAL.TER M. DIENER, JR.
,J ESTYN G. PAVN E
,JAMES R. FEGLEY
,JESSE L. PL.EET
SOCRATES J. GEORGEADIS
RICK LONG
,JAMES M. LILLIS
,JEFFREY R. EL.L.IOTT
FREDERICK K. HATT
LEE E. SAPIRA
WILL.IAM R. BL.UMER
STEPHEN H. PRICE
2640 WESTVIEW DRIVE
P. O. Box 6286
WVOMISSING, PA. 19610
COUNSEL.
FRANKLIN E. POORE 111(1987)
(215) 670-2552
OF COUNSEL.
PAMELA ,J. CALA
TELECOPIER
(215) 670-2S91
July 29, 1992
7- 31~ \_..
The Honorable Harold E. Sheely
Court of Common Pleas of Cumberland County
Court House
Hanover and High streets
Carlisle, PA 17013
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Re: Richard I. Bollendorf
File No. 21-78-519
Our File No. 10104
Dear Judge Sheely:
On July 28, 1992, I received a telephone call from Dr. Stephen
Snoke regarding the upcoming hearing on the Petition for
Appointment of a Guardian for Richard I. Bollendorf. As you may
recall, the hearing has been set for August 10, 1992, at 1:30 p.m.
in your courtroom. Dr. Snoke has asked if it would be possible to
present his testimony via a telephone conference with the court.
Dr. Snoke has been Richard Bollendorf's attending physician in Camp
Hill, Pennsylvania, since 1990,~ and his report of Richard
Bollendorf's mental incapacity was attached to the Petition for
Adjudication of Incapacity for Appointment of a Guardian of the
Estate and Person in Accordance with 20 Pa. Cons. Stat. 5511. I
have explained to Dr. Snoke that the use of a telephone conference
to present testimony would be somewhat unusual and entirely at the
court's discretion. If this arrangement is acceptable to you, I
would be happy to relay that to Dr. Snoke. If not, I will advise
Dr. Snoke that his appearance before the court will be required.
Dr. Snoke has also advised me that Mr. Bollendorf is likely to
become very agitated and upset if he is in attendance at the
hearing. Pursuant to 20 Pa. C.S.A. ~2511(a) (1), I am having Dr.
Snoke submit a sworn statement to the court to that effect. In an
effort to avoid unnecessary outbursts during the hearing, I would
appreciate the court's indulgence in excusing Richard Bollendorf
from the hearing.
The Honorable Harold E. Sheely
-2-
July 29, 1992
I apologize for not bringing these matters to the court's attention
sooner. However, I did not anticipate that Dr. Snoke would express
a reluctance to testify in person, nor that Mr. Bollendorf's
physical and mental incapacities would prevent him from attending
the hearing.
Thank you very much for your consideration of these matters.
Very truly yours,
KOZLOFF, DIENER, PAYNE & FEGLEY
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William R. Blumer
WRB:mcb
IN RE:
RICHARD I. BOLLENDORF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-78-519
CITATION
WE COMMAND, you that laying aside all business and excuses
whatsoever, you be and appear in your proper person before the
Honorable Judges of the Common Pleas Court, Orphans' Court Division
at a session of the said Court there to be held, for the County
of Cumberland to show cause why he should not be adjudged as an
incapacitated person and a guardian of his person and of his
estate appointed; the hearing thereof to be held in Courtroom 1,
Cumberland County Courthouse, Carlisle, Pennsylvania, on August
10,1992 at 1:30 o'clock, P.M.
At least twenty (20) days notice of the hearing shall be given
to Richard I.Bollendorf, the alleged incapacitated person, by
personal service of a copy of the Petition and Citation, and by
service of notice upon the next of kin who are sui juris, and Blue
Ridge Haven-West Nursing Horne, personally or by certified mail.
Witness my hand and official seal of office at Carlisle,
Pennsylvania this 2nd day of July, 1992.
~~ 12-.~w o,.P13~
ary C. Lewis I
Clerk of Orphans' Court Divi ion
Cumberland County
Carlisle,penna..