HomeMy WebLinkAbout05-08-06
IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
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IN RE: HARRY JUDY
An Alleged Incapacitated Person
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11
O.C. No.
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PETITION UNDER ~ 5511 OF THE PROBATE,
ESTATES AND FIDUCIARIES CODE TO ADJUDGE
HARRY JUDY TO BE TOT ALLY INCAPACITATED AND
APPOINT A PERMANENT PLENARY GUARDIAN
FOR HIS PERSON AND ESTATE
TO THE HONORABLE JUDGES OF THE CUMBERLAND COUNTY COURT:
AND NOW, COMES, Petitioner, HCR ManorCare - Carlisle ("Petitioner"), by
and through its attorneys, SCHUTJER BOGAR LLC, and hereby petitions for
adjudication of incapacity and appointment of a permanent plenary guardian of the
person and estate of Harry Judy and, in support thereof, represents as follows:
1. The name of the alleged incapacitated person is Harry Judy.
2. Harry Judy is 58 years of age and currently resides at Petitioner's skilled
nursing facility located at 940 Walnut Bottom Road, Carlisle, Pennsylvania 17013.
3. Petitioner, a foreign corporation licensed to do business in Pennsylvania,
is a residential and skilled nursing care provider.
4. Because the alleged incapacitated person resides in Cumberland County,
this Court has Jurisdiction pursuant to 9 711(10) of the Probate, Estates and Fiduciary
Code and 95512(a).
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5. Upon information and belief, Harry Judy has the following living heir or
next of kin:
Donald Judy, brother
216 E. Queen Street
Apartment No.2
Chambersburg, PA 17201
6. To the extent of Petitioner's knowledge, the alleged incapacitated person's
estate has no value.
7. Upon information and belief, the alleged incapacitated person receives
monthly income, which consists of Social Security in an amount unknown to Petitioner
8. The alleged incapacitated person's treating physician is:
Dr. Darryl Guistwite
552 Pitt Street
Carlisle, P A 17013
9. Harry Judy, the alleged incapacitated person, has been diagnosed by Dr.
Guistwite as suffering from dementia. Said mental condition has caused his incapacity
and requires that he receive 24-hour-a-day care.
10. Because of the mental condition set forth in paragraph 9, Harry Judy, the
alleged incapacitated person is totally unable to manage or even appreciate the
significance of his personal and/ or financial affairs and to make and communicate any
decisions relating thereto, including the ability to communicate his need for assistance
in these areas.
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11. Presently, the alleged incapacitated person does not have a responsible
agent, guardian, and/ or able next of kin to manage his personal and/ or financial
affairs.
12. There are no less restrictive alternatives to the appointment of a
permanent plenary guardian of the person and estate of the alleged incapacitated
person.
13. The proposed guardian of the alleged incapacitated person is
Neighborhood Services, Inc., located at 134 S. Prince Street, Lancaster, Pennsylvania
17603. Neighborhood Services, Inc., does not have any adverse interest to the alleged
incapacitated person and an acceptance to serve as guardian of the person and estate is
attached hereto as Exhibit" A."
14. Neighborhood Services, Inc., has been suggested as guardian of the
person and estate of Harry Judy because of its experience in dealing with incapacitated
persons such as him.
15. No Court within this Commonwealth, of which Petitioner has knowledge,
has appointed a guardian for Harry Judy.
16. Upon information and belief, Harry Judy was not a member of the Armed
Service of the United States and therefore is not receiving any benefits from the United
States Veterans' Administration.
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MAR-2B-2006(TUE) 15:5G
Dated: ~/(ollJ~
Th~ undersigned hereby verifies that e tatements of fact:in the foreg ing
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document are true and correct to the best of
:nowlcdge, infonnation and eHcf. I
understand that any false statements therein
subject to the penalties con ed in 18
Pa. C. 5. ~ 4904. relating to unsworn falsifica 0
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