HomeMy WebLinkAbout06-02-06
IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
IN RE: HARRY JUDY
An Alleged Incapacitated Person
O.c. No. 21-06-0405
RETURN OF SERVICE
I HEREBY CERTIFY THAT:
I, Christy A. Long, attempted to serve the annexed Petition for
Guardianship, Preliminary Decree, and Citation With Important Notice upon
Donald C. Judy, the only known next of kin of the alleged incapacitated person,
Harry Judy.
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I, Christy A. Long, further certify that:
1. On May 16, 2006, I sent a cover letter, Preliminary Decree, filed
Petition, and Citation With Important Notice via first-class and via certified,
return receipt requested, United States mail, postage prepaid to Donald Judy's
last known residence of 216 E. Queen Street, Apartment 2, Chambersburg, P A
17201. Copies of said documents are attached hereto and made a part hereof as
Exhibit" A".
2. On May 18, 2006 the certified mailing was returned by the United
States Postal Service ("USPS") indicating that Donald C. Judy moved and left no
forwarding address. A copy of the envelope evidencing the USPS Return to
Sender notation is attached hereto and made a part hereof as Exhibit "B".
3. On May 25, 2006 the regular mailing was returned by the USPS
indicating that Donald C. Judy moved and left no forwarding address. A copy of
the envelope evidencing the USPS Return to Sender notation is attached hereto
and made a part hereof as Exhibit "C".
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4. I contacted the Business Office of Petitioner, HCR ManorCare -
Carlisle, and confirmed that the last known address of Donald C. Judy 216 E.
Queen Street, Apartment 2, Chambersburg, P A 17201 and that no further contact
information is on record with the facility.
5. I conducted a diligent public record search utilizing West Law's
public record access and person history tracker for information on the next of
kin, Donald Judy; however, a new address and/ or updated contact information
is not available at this time. The public record search findings are attached
hereto and made a part hereof as Exhibit "D".
I declare under penalty of perjury under the laws of the United States of
America that the foregoing information contained in the Return of Service is true
and correct.
Dated:
Cs )2.!ot;
,
By:
( I j ~ /<',.:) C. yj '):7 It.
- '. . )
Christy A. Lo~~, Paralegal~./
SCHUTJER BOGAR LLC
305 N. Front Street, Suite 401
Harrisburg, P A 17101
SCHUT JER I BOGAR LLC
attorneys & consultants
Emai1: cIong@schutjerbogar.com
Direct Dial: 717. 909.5923
May 16, 2006
Regular Mail and Certified/Return
Receipt Requested
Donald Judy
216 E. Queen Street, Apt. 2
Chambersburg, P A 17201
Re: Harry Judy, An Alleged Incapacitated Person
O.c. No.: 21-06-0405
Dear Mr. Judy:
Enclosed please find a copy of a Petition and Citation With Important Notice
filed with the Cumberland County Orphans' Court regarding your above-referenced
relative, Harry Judy. Please note that a hearing has been scheduled to determine Mr.
Judy's mental capacity. That hearing is set for June 12, 2006 at 1:00 p.m. You or your
attorney may attend the hearing to consent or to object to the Petition to have a
guardian appointed for your relative.
Please note, we are sending duplicate copies of the enclosed documents to you
also by certified mail. We kindly request that if you are not available to sign for the
delivery by your regular postal carrier that you please pick up your mail at your local
post office as we are required to provide the Court with proof that you have received
the enclosed Petition and Citation.
If you should have any questions, please do not hesitate to contact me at the
number above. Thank you for your anticipated cooperation.
Sincerely,
C~fL,;'I:tJ~~
Chris1&- A. Long ()
Paralegal
Enclosures
441 Friendship Road, Suite 102, Harrisburg, FA 17111 . Fax (717) 909-5925 " www.schutjerbogar.com
Kirk S. Sohonage, Esquire
SCHUTJER BOGAR LLC
305 North Front Street, Suite 401
Harrisburg, PA 17101
(717) 909-8160
M~\Y G FI [UOS
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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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O.CNo. cY- Ob -0;;a5
PRELIMINARY DECREE AWARDED - CITATION AWARDED -
PERMANENT PLENARY GUARDIAN OF PERSON AND ESTATE
;tA
AND NOW, this II day of 1'1~
,2006, upon
consideration of the annexed Petition for Adjudication of Incapacity and Appointment
of Permanent Plenary Guardian of the Person and Estate, it is hereby Ordered and
Decreed that:
1. A citation is awarded, directed to Harry Judy, an alleged incapacitated, to
show cause why he should not be adjudicated an incapacitated person and why a
PERMANENT PLENARY GUARDIAN of his person and estate should not be
appointed; the hearing thereon to be held in courtroom .3 , Cumberland County
Courthouse, Carlisle, P A on ~ ~ I ~
)
/. C" 0
, 2006 at
0' clock P.M.
A TRUE COpy FROM RECORD
In TestlrniJny \vtlerof. I hereunto
set my ha.nd and the seai
of said Court at ~:;arHsle, PA
~%;;;:J4Gf1~fjJA ~~Mk~
ClerK 01 the Orphans, COU~ .P:f::::~
Cumberland C{:Junt<f~~'
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2. Petitioner shall cause to be served (by personal service) the Citation with
Notice and Petition} pursuant to the Provisions of 20 Pa. c.s. 8 5511 (a)} upon the alleged
incapacitated person at least twenty (20) days prior to the court hearing for the
Permanent Plenary Guardianship of the Person and Estate. The contents and terms of
the Citation with Notice and Petition shall be read and explained to the maximum
extent possible in language and terms the alleged incapacitated is most likely to
understand} in accordance with the Provisions of 20 Pa. c.s. 8 5511(a). An affidavit of
service containing specific averments of the above requirements shall be presented at
the beginning of the court hearing.
3. At least twenty (20) days prior notice of the court hearing together with a
copy of the Petition shall be given personally or by first-class} certified mait return
receipt requested to all persons who are sui juris and who would be entitled to an
intestate share in the estate of the alleged incapacitated person, to the institution
providing residential services to the alleged incapacitated person, and to
, in accordance with 20 Pa.C.S. 85511(a). An affidavit
of service containing specific averments of the above requirements shall be presented at
the beginning of the court hearing.
4. Petitioner or counsel shall notify the court, in writing, at least seven (7)
days prior to the court hearing if counsel has not been retained on behalf of the alleged
incapacitated person in accordance with 20 Pa. c.s. 85511(a). This notice shall also
contain all pertinent information which would indicate to the court whether or not
counsel should be appointed to represent the interests of the alleged incapacitated
person.
5. The alleged incapacitated person shall be present at the court hearing
unless it is established by clear and convincing medical evidence that his physical or
mental condition would be harmed by his presence in court in accordance with the
provisions of 20 Pa. c.s. 85511(a).
/--~
BY THECOURT: )
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An alleged incapacitated person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: HARRY JUDY
NO. 21-06-0405
IMPORT ANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the Court to have you declared an Incapacitated Person. If the
Court finds you to be an Incapacitated Person, your rights will be affected, including your right to
manage money and propertj and to make decisions. A copy of the petition which has been filed by
HCR MANORCARE-CARLISLE is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. ;i, Cumberland
County Courthouse, Carlisle, Pennsylvania, on JUNE 12
, 2006, at 1 :00 EM. to tell the
Court why it should not find you to be an incapacitated Person and appoint a Guardian to act on your
behalf.
To be an incapacitated Person means that you are not able to receive and
effectively evaluate information and communicate decisions and that you are unable to
manage your money and/or other property, or to make necessary decisions about where
you will live, what medical care you will get, or how your money will be spent.
At the hearing, you have the right to appear, to be represented by an attomey, and
to request a jury trial. If you do not have an attorney, you have the right to request the
Court to appoint an attorney to represent you and to have the attomey's fees paid for you
if you cannot afford to pay them yourself. You also have the right to request that the
Court order that an independent evaluation as to your alleged incapacity.
If the Court decides that you are an Incapacitated person, the Court may appoint a
Guardian for you, based on the nature of any condition or disability and your capacity to
make and communicate decisions. The Guardian will be of your person and/or your
money and other property and will have either limited of full powers to act for you.
If the court finds you are totally incapacitated, your legal rights will be affected
and you will not be able to make a contract or gift of your money to other property. If the
court finds that you are partially incapacitated, your legal rights will also be limited as
directed by the Comi.
If you do not appear at the hearing (either in person or by an attorney representing you)
the court will still hold the hearing in your absence and may appoint the Guardian requested.
~
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Date:OS-12-2006
By: '01(
C rk, Orphans' Court Division
Cumberland County, Carlisle, PA
My Commission Expires 151 Monday,
January, 2010
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9 2006
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IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
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IN RE: HARRY JUDY
An Alleged Incapacitated Person
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PETITION UNDER ~ 5511 OF THE PROBATE,
ESTATES AND FIDUCIARIES CODE TO ADTUDGE
HARRY lUDY TO BE TOT ALLY INCAPACITATED AND
APPOINT A PERMANENT PLENARY GUARDIAN
FOR IDS 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
A TRUE COPY FROM RECORD
Code and 9 5512(a).
in T,~stiiT\()ny whero!, I hereunto
,~et rny hand and the seal
of said (::ourt at Carrisls: P,A,
Tr';" J/) rie;.,' ~," ,..!i1.il1i., "0' Oi
, "~,~.~ccy '~I~ "- ftI
~ o~t O'Ph~~;tfMi'~~
Cumberland County ~ ~r\'Y;;
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.
2
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.
3
WHEREFORE, your Petitioner prays that this Honorable Court issue a citation to
Harry Judy, to show cause, if any there be, why he should not be declared an
incapacitated person and Neighborhood Services, Inc., appointed permanent plenary
guardian of his person and estate.
Respectfully submitted,
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SCHU1JER BOGAR LLC
IYY
Dated:
By:
,
Chad . k O. Bogar
Attorney 1. D. No. 83755
Kirk S. Sohonage
Attorney 1.0. No. 77851
305 North Front Street, Suite 401
Harrisburg, P A 17101
(717) 909-8160
Attorneys for Petitioner,
HCR Manor Care - Carlisle
4
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The undersigned hereby verifies that
I
document are true and correct to the best of
understand that any fnlsc statements therein
Pa. C. 5. S 4904, relating to unsworn falsific.a 0
Dated: ~!(o(lJ~
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NEIGHBORHOOD SVCS
PAGE 04
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ACCEPTANCE OF PROPOSED
PERMANENT PLENARY GUARDIAN
Neighborhood Services, Inc., the guardian of the person llfld estate proposed in
the foregoing petitioli for appointment of Q permanent plenary guardian of Harry Judy,
the alleged inCOlpElot<1ted persolL agrees to accept the appolntm.ent.as permanent
plenary guar:di~n and avers that:
1. The proposed gua:rdian is a .nOt'-prout corporation and division of the
Laneastcr United Way duly organized and lict'!:t'2ed to do business in the
Commonwealth of Penn:lylvania.
2. Neighborhood Services, inc., is not D. fiduci~ry of A)r'l estate in which the
alleged incapacitated person has an interest, and the proposed permanent
guardian of the person and. estate of Harry Judy has no interests adverse
to him.
D~ted: :A? \ .I o\u
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Gilbert Abney, As.~ociate Director
Neighborhood Services, Inc.
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Page 2. at 2.
VVestla\Al.
PEOPLE FINDER PHONE-CENTRIC RECORD
Information Current Through: 04-15-2006
Database Updated: 04-26-2006
update Frequency: MONTHL Y
Current Date: OS/24/2006
Source: Proprietary database provided by TARGUSinfo
HOUSEHOLD MEMBER(S)
J\ ame ( s) :
DONALD C JUDY
HOUSEHOLD INFORMATION
Address:
216 E QUEEN ST
CHAMBERSBURG, PA 17201-2206
County:
FRANKLIN
Total Individuals
Household:
in
1
Telephone 1:
717-262-4355
Telephone Validation Date:
09/01/2005
HJuseho1d Information
Verified:
END OF DOCUMENT
07/01/2005
@ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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Page 2. ot .)
\Nestla\^1.
PEOPLE FINDER - HISTORIC TRACKER RECORD
Information Current Through: 04-30-2006
Database Last Updated: 05-04-2006
Update Frequency: MONTHLY
Current Date: OS/24/2006
Source: TRANS UNION
INDIVIDUAL INFORMATION
Name:
JUDY, DONALD C
Also Known As:
JUDY, DON
JUDY, D C
JUDY, DONALD
SSN:
Phone Number 1:
208-42-XXXX
01/1951
09/01/1983
530-8379
Date of Birth:
On File Since:
CURRENT ADDRESS INFORMATION
Current Address:
216 E QUEEN ST 2
CHAMBERSBURG, PA 17201-2206
10/15/2005
Address Last Reported:
PREVIOUS OR ADDITIONAL ADDRESS INFORMATION
2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.
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Page j ot j
Previous Address:
216 E QUEEN ST
CHAMBERSBURG, FA 17201-2206
03/29/2005
Address Last Reported:
Previous Address:
266 HERR ST
Address Last Reported:
HARRISBURG, FA 17102-2924
07/18/2001
Previous Address:
210 N QUEEN ST
SHIPFENSBURG, PA 17257-1415
11/13/2000
Address Last Reported:
Previous Address:
338 E MCKINLEY ST
CHAMBERSBURG, PA 17201-3420
08/01/2000
Address Last Reported:
Previous Address:
334 EKING ST
SHIPPENSBURG, PA 17257-1425
08/01/1996
Address Last Reported:
END OF DOCUMENT
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