HomeMy WebLinkAbout06-15-06
,,-..,
IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY
In re:
PATRICIA l. SHAY
Orphans' Court Division
An Alleged Incapacitated Person
No. 21-06-492
MOTION
MOTION FOR CONTINUANCE OF GUARDIANSHIP HEARING
Charles E. Shay, Jr. through his attorneys, The Elder Law Clinic of
Dickinson School of Law and Nichole W. Walters requests that this Honorable
Court grant a continuance for the Hearing Appointing Permanent Guardianship of
Patricia J. Shay and the Estate of Patricia J. Shay scheduled for July 17, 2006.
1. On June 6, 2006, Tracy Shay-Snyder filed a Petition for the
Appointment of a Permanent Guardianship over Patricia J. Shay
requesting that Tracy Shay-Snyder be appointed as guardian of the
person and of the estate for Patricia J. Shay.
ro
G
2. Tracy Shay-Snyder is the daughter of Charles E. Shay, Jr. and Patricia
(""~
J. Shay.
-: 3. Patricia J. Shay has been a resident of Claremont Nursing and
--J
Rehabilitation Center for approximately one year.
c
4." Charles E. Shay, Jr. is Patricia J. Shay's husband and he resides at
1926 Longboat Drive, Lakeland, Florida.
5. Charles E. Shay, Jr. has been named as next of kin for Patricia J. Shay
and is a person who will be detrimentally affected by the outcome of
this proceeding.
6. Charles E. Shay, Jr. has only recently retained the Elder Law Clinic as
counsel in this matter.
7. Charles E. Shay, Jr. has cared for his wife, Patricia J. Shay for thirty
(30) years out of the fifty (50) years that they have been married.
8. Tracy Shay-Snyder removed Patricia J. Shay from Charles E. Shay, Jr.'s
care while he was hospitalized while undergoing open-heart surgery.
9. Charles E. Shay, Jr. is 74 years old and suffers from numerous medical
ailments that make it extremely difficult for him to travel on short
notice. Mr. Shay suffers from several cancerous tumors and has
recently undergone radiation treatment and is scheduled to undergo
chemotherapy next month.
10. Due to his medical condition and the short notice, Charles E. Shay, Jr.
will not be able to meet with his counsel prior to the scheduled
hearing.
11. Tracy Shay-Snyder is Patricia J. Shay's Power of Attorney and
therefore, neither Tracy Shay-Snyder nor Patricia J. Shay will suffer
any harm if this continuance is granted.
12. Doreena Craig Sloan, counsel for Tracy Shay-Snyder opposes this
Motion.
WHEREFORE, Charles E. Shay, Jr. respectfully requests that this
Honorable Court grant his request for a continuance of the guardianship
hearing scheduled for July 17, 2006.
Respectfully Submitted,
~~flr
Certified Legal Intern
Date:
~.:M-IA}rlj~
Nichole M. Walters
No. 84478
THE ELDER LAW CLINIC
The Pennsylvania State University
The Dickinson School of Law
45 North Pitt Street
Carlisle, PA 17013
IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY
In re:
PATRICIA J. SHAY
Orphans' Court Division
An Alleged Incapacitated Person
No. 21-06-492
MOTION
CERTIFICATE OF SERVICE
I hereby certify that I served the foregoing Motion for Continuance on Doreena Craig
Sloan on July 14,2006 via facsimile and by regular U.S. mail, postage pre-paid to the
following fax number and address:
Doreena Craig Sloan, Esq.
Capozzi and Associates
2933 North Front Street
Harrisburg, P A 17110
Fax Number
(717)233-4103
~~~~
Certified Legal Intern
THE ELDER LAW CLINIC
The Penn State University
Dickinson School of Law
45 North Pitt Street
Carlisle, P A 17013