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HomeMy WebLinkAbout04-28-06 F:\FILES\DA T AFILE\General\Current\ 12060.1extentionpetition Created: 08/29/0208:]4:]8 AM Revised: 04/28/0612:20:18 PM INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEAN L. FRALISH, ORPHANS' COURT DIVISION AN ALLEGED INCAPACITATED PERSON : NO. 06-0355 ORPHANS' COURT r---- ~, --OJ PETITION FOR EXTENSION OF THE EMERGENCY GUARDIANSHIP~Qf THE PERSON IN ACCORDANCE WITH 20 PA. CONS. STAT. ANN. ~ 551j. TO THE HONORABLE, THE JUDGES OF SAID COURT: c:~'> AND NOW COMES, the Petitioner, JAMES L. FRALISH, by his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files this Petition for Extension of the Emergency Guardianship of the Person in accordance with 20 Pa. Cons. Stat. Ann. S 5513 for Jean L. Fralish, an alleged incapacitated person, and respectfully represents and avers as follows: 1. Petitioner James L. Fralish, filed a Petition for Appointment of Emergency Guardianship on April 21, 2006. 2. On April 25, 2006 at 11 :30 a.m., a hearing on same motion was held before the Honorable Judge Kevin A. Hess, who granted Petitioner's motion to be appointed as emergency guardian of Jean L. Fralish, his incapacitated wife. 3. Petitioner thereafter filed a Petition for Appointment of Permanent Guardianship later that day and a hearing was scheduled on the Petition by Order of Court for May 18, 2006 at 3 :00 p.m. in Courtroom No.4. 4. Jean L. Fralish, the incapacitated person, remains in a waking coma where she is completely unable to communicate with loved ones or healthcare professionals or respond to physical, verbal, or light stimuli. 5. Her attending physician, Darryl K. Guistwite, D.O., does not expect Jean L. Fralish to recover. 6. The emergency order this Court signed on April 25, 2006, appointed Petitioner James L. Fralish as Guardian of the PERSON of Jean L. Fralish for a period of seventy two (72) hours, to be extended by petition for an additional twenty (20) days if the emergency continued. 7. The emergency order this Court signed on April 25, 2006, also appointed Petitioner James L. Fralish as Guardian of the ESTATE of Jean L. Fralish for a period of thirty (30) days. 8. Because the length of the guardianship of the estate extends past the date and time of the permanent hearing for guardianship, Petitioner does not need an extension of guardianship for the estate. 9. However, the length of guardianship of the person ends on April 28, 2006, the date of this filing, and must be extended, because the emergency to the person continues. 10. Every day important medical decisions must be made by Petitioner James L. Fralish on his wife's behalf. These decisions are important, not only for Jean L. Fralish's present health, but for her prospects of recovery. 11. 20 Pa.C.S.A. S 5513 permits the extension of an order for emergency guardianship of the PERSON for a period of twenty (20) days. 12. Extension of Petitioner' s Guardianship of the PERSON for twenty (20) days will permit Petition to care for his wife up until the hearing for permanent guardianship, when a permanent order can be entered on the matter. WHEREFORE, Petitioner prays and respectfully requests this Honorable Court, pursuant to its authority under 20 Pa. C. S .A. S 5513, to extend the period of Petitioner' s emergency guardianship of the PERSON of Jean L. Fralish for a period of twenty (20) days. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO 1iLLY ~ By Carl C. Risch, Esquire L D. Number 75901 Michael J. Collins, Esquire LD. Number 200427 Ten East High Street Carlisle, PAl 7013 (717) 243-3341 Date: April 2'f:J , 2006 Attorneys for Petitioner VERIFICA TION Michael 1. Collins, of the firm of MARTS ON DEARDORFF WILLIAMS & OTTO, attorneys for James L. Fralish in the within action, certifies that the statements made in the foregoing Petition to Extend Permanent Guardianship of the Person, are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 'vt{J~ INRE: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JEAN L. FRALISH, ORPHANS' COURT DIVISION AN ALLEGED INCAPACITATED PERSON : NO. 06-0355 ORPHANS' COURT CERTIFICATE OF SERVICE I, Mary M Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Extend Emergency Guardianship of the Person was served this date by depositing same in the Post Office at Carlisle, P A, fIrst class mail, postage prepaid, addressed as follows: James L. Fralish 75 West Main Street New Kingstown, Pennsylvania 17072 Adam Eugene Fralish 7 5 West Main Street New Kingstown, Pennsylvania 17072 Christian Jacobus Rynard Fralish 75 West Main Street New Kingstown, Pennsylvania 17072 Aaron Beidel 151 Big Oak Road Dillsburg, Pennsylvania 17019 Leeanne Sutton 7 North Letort Drive Carlisle, Pennsylvania 17013 Mary E. Rynard 423 North Pitt Street Carlisle, Pennsylvania 17013 Judy Means 922 Beerr Avenue Carlisle, Pennsylvania 17013 Darryl K. Guistwite, D.O. 522 South Pitt Street Carlisle, Pennsylvania 17013 and service by the Cumberland County Sheriff, addressed as follows: Jean L. Fralish Carlisle Regional Medical Center 45 Sprint Drive Carlisle, Pennsylvania 17013 MARTSON DEARDORFF WILLIAMS & OTTO BY~ 1'l.O~ Mary . Pnce Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: April 28, 2006 In Re: Estate of JEAN L. FRALISH ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA NO. 21-06-0355 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 4-28-06 JUDGE'S INITIALS: K.A.H. TIME STAMP DATE: 4-28-06 IN RE: ORDER OF COURT SERVICE TO: MICHAEL COLLINS, ESQ. METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR C8J HAND DELIVERED D OTHER_ D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: 4-28-06 SERVICE TO: JAMES L. FRAL~H~ ADAM E. FRALISH~ CHRISTIAN J. R. FRALISH~ AARON BEIDEL~ LEEANN SUTTON~ MARY E. RYNARD~ JUDY MEANS~ DARRYL K. GUISTWITE, D.O. METHOD OF MAILING: ENVELOPES PROVIDED BY: C8J USPS DRRR D HAND DELIVERED D OTHER_ C8J PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: 05-01-06 ~~ Deputy Clerk of Orphans' Court ~ APR 2 8 200~ INRE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLANDCOUNTY,PENNSYLVANIA JEAN L. FRALISH, : ORPHANS' COURT DIVISION AN ALLEGED INCAPACITATED PERSON : NO. 06-0355 ORPHANS' COURT IN RE: PETITION FOR EXTENSION OF THE EMERGENCY GUARDIANSHIP OF THE PERSON IN ACCORDANCE WITH 20 PA. CONS. STAT. ANN. ~ 5513. AND NOW, this z-g.r day of April, 2006, afterconsiderationofJamesL. Fralish'sPetition for the Extension of the Emergency Guardianship of the Person in Accordance with 20 Pa. Cons. Stat. Ann. ~ 5513, it is hereby ordered that James L. Fralish's appointment as Emergency Guardian of the Person of Jean L. Fralish is extended for a period of twenty days (20) from the date of this order. BY THE COURT, ~ 1. n . i ; .....; L lJ F:\FILES\DA T AFILE\General\Current\12060.1.extentionpetition . ~ Created: 08/29/0208:34:38 AM Revised: 04/28/0612:20:18 PM INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA JEAN L. FRALISH, ORPHANS' COURT DIVISION AN ALLEGED INCAPACITATED PERSON NO. 06-0355 ORPHANS' COURT PETITION FOR EXTENSION OF THE EMERGENCY GUARDIANSHIP OF THE r-) PERSON IN ACCORDANCE WITH 20 PA. CONS. STAT. ANN.r~5513. ;-:~ -.- f.. X-. :."~'~.. --.J ~-, -, _"..J TO THE HONORABLE, THE JUDGES OF SAID COURT: r'..) C) , ;', j AND NOW COMES, the Petitioner, JAMES L. FRALISH, by his attomeys~-MARThON u' DEARDORFF WILLIAMS & OTTO, and files this Petition for Extension of the Emergency Guardianship of the Person in accordance with 20 Pa. Cons. Stat. Ann. S 5513 for Jean L. Fralish, an alleged incapacitated person, and respectfully represents and avers as follows: 1. Petitioner James L. Fralish, filed a Petition for Appointment of Emergency Guardianship on April 21, 2006. 2. On April 25, 2006 at 11 :30 a.m., a hearing on same motion was held before the Honorable Judge Kevin A. Hess, who granted Petitioner's motion to be appointed as emergency guardian of Jean L. Fralish, his incapacitated wife. 3. Petitioner thereafter filed a Petition for Appointment of Permanent Guardianship later that day and a hearing was scheduled on the Petition by Order of Court for May 18, 2006 at 3 :00 p.m. in Courtroom No.4. 4. Jean L. Fralish, the incapacitated person, remains in a waking coma where she is completely unable to communicate with loved ones or healthcare professionals or respond to physical, verbal, or light stimuli. 5. Her attending physician, Darryl K. Guistwite, D.O., does not expect Jean L. Fralish to recover. 6. The emergency order this Court signed on April 25, 2006, appointed Petitioner James L. Fralish as Guardian of the PERSON of Jean L. Fralish for a period of seventy two (72) hours, to be extended by petition for an additional twenty (20) days if the emergency continued. ~g CJ c__) ~-:~) I.:) , "\ - -_: 'I.:-~} c-..) - r 1 "'1 n' ~~-~~ \ A) /~ . '" 7 . The emergency order this Court signed on April 25 , 2006, also appointed Petitioner James L. Fralish as Guardian of the ESTATE of Jean L. Fralish for a period of thirty (30) days. 8. Because the length of the guardianship of the estate extends past the date and time of the permanent hearing for guardianship, Petitioner does not need an extension of guardianship for the estate. 9. However, the length of guardianship of the person ends on April 28, 2006, the date of this filing, and must be extended, because the emergency to the person continues. 10. Every day important medical decisions must be made by Petitioner James L. Fralish on his wife's behalf. These decisions are important, not only for Jean L. Fralish' s present health, but for her prospects of recovery. 11. 20 Pa. C. S .A. S 5513 permits the extension of an order for emergency guardianship of the PERSON for a period of twenty (20) days. 12. Extension of Petitioner' s Guardianship of the PERSON for twenty (20) days will permit Petition to care for his wife up until the hearing for permanent guardianship, when a permanent order can be entered on the matter. WHEREFORE, Petitioner prays and respectfully requests this Honorable Court, pursuant to its authority under 20 Pa.C.S.A. S 5513, to extend the period of Petitioner's emergency guardianship of the PERSON of Jean L. Fralish for a period of twenty (20) days. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO 1lUJ ~ By Carl C. Risch, Esquire I. D. Number 75901 Michael J. Collins, Esquire I.D. Number 200427 Ten East High Street Carlisle, P A 17013 (717) 243-3341 Date: April 2'6 , 2006 Attorneys for Petitioner ..... VERIFICATION Michael J. Collins, of the firm of MARTS ON DEARDORFF WILLIAMS & OTTO, attorneys for James L. Fralish in the within action, certifies that the statements made in the foregoing Petition to Extend Permanent Guardianship of the Person, are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 1 lMr / ,..".~._./ INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JEAN L. FRALISH, ORPHANS' COURT DIVISION AN ALLEGED INCAPACITATED PERSON : NO. 06-0355 ORPHANS' COURT CERTIFICATE OF SERVICE I, Mary M Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Extend Emergency Guardianship of the Person was served this date by depositing same in the Post Office at Carlisle, P A, fIrst class mail, postage prepaid, addressed as follows: James L. Fralish 75 West Main Street New Kingstown, Pennsylvania 17072 Adam Eugene Fralish 7 5 West Main Street New Kingstown, Pennsylvania 17072 Christian Jacobus Rynard Fralish 75 West Main Street New Kingstown, Pennsylvania 17072 Aaron Beidel 151 Big Oak Road Dillsburg, Pennsylvania 17019 Leeanne Sutton 7 North Letort Drive Carlisle, Pennsylvania 1 7013 Mary E. Rynard 423 North Pitt Street Carlisle, Pennsylvania 17013 Judy Means 922 Beerr Avenue Carlisle, Pennsylvania 17013 1 . Darryl K. Guistwite, D.O. 522 South Pitt Street Carlisle, Pennsylvania 17013 and service by the Cumberland County Sheriff, addressed as follows: Jean L. Fralish Carlisle Regional Medical Center 45 Sprint Drive Carlisle, Pennsylvania 17013 MARTSON DEARDORFF WILLIAMS & OTTO BY~ tfl,Q~ Mary . Pnce Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: April 28, 2006