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HomeMy WebLinkAbout09-06-06 , In Re: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH MEYERHOFER, ORPHANS COURT DIVISION an Alleged Incapacitated Person NO. 21-06- 624 ,....., ~ ~ c:I" en f"1 -0 , 0"\ ~~ ~Ig AND NOW comes Robert G. Frey, attorney for Petitioners in the abi-en~ ?;8~ captioned matter who respectfully represents as follows: p~ ~ 1. A hearing was held concerning guardianship for Joseph Meyerhofer in the above-captioned matter on August 11, 2006. 2. At the time of the hearing, the undersigned stated to the Court that an affidavit concerning the capacity of Joseph Meyerhofer was being completed by his physician but that this affidavit had not been received by the time of the hearing. 3. It was agreed between Robert G. Frey as attorney for the Petitioners and Michael J. Collins as attorney for Lawrence Meyerhofer, one of the next of kin of Joesph Meyerhofer, that upon receipt of the affidavit, Robert G. Frey would provide a copy of the affidavit to Michael J. Collins and that if there were no objection to its filing, the affidavit would be filed with the Clerk of the Orphans' Court and made a part of the records of the proceedings. 4. On Tuesday, September 5, 2006, Robert G. Frey did receive the original :po ::It t:f! CJ'1 (...) ::0 "Y, ,T 1 l~:;:: ("") ~~ ':;.:..-~ C"J rr \ r't'l :00 00 -i'l -n f ~ ::!J :'5; ('") ::::- r'T1 ;. ") (-" '....& ~~;"t v affidavit attached hereto and did supply a true and correct copy of the same to Michael J. Collins as attorney for Lawrence Meyerhofer. 5. By telephone on September 5,2006, Michael J. Colllins did advise Robert G. Frey that he did not have any objection to the filing of the attached affidavit. 6. Therefore, the undersigned does hereby file the attached affidavit in support of the statement of the Petitioners that Joseph Meyerhofer, the alleged incapacitated person is incapacitated and is in need of a plenary guardian of his estate and person. Respectfully submitted, By: Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 In Re: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOSEPH MEYERHOFER, : ORPHANS COURT DIVISION an Alleged Incapacitated Person : NO. 21-06- 624 SWORN STATEMENT OF PHYSICIAN COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) The undersigned, being duly sworn according to law, deposes and says that: 1. He is a regularly licensed, practicing physician at Carlisle Regional Medical Center, where on May 12, 2006, he examined a patient therein, viz.: JOSEPH history of: A l~ ~4,me"<l' Lv , 'I"'h male, with a ~~-..'/(! MEYERHOFFER, ~e 1\)vyv\~Pr C~P(h'\~ 79, At the examination the following symptoms were observed: H tr:Jtovt. ~~J~ A L'-~ Co~.~J.vt. ~J1t-~1N9. -r ~~eh\ 11ttl n,,~-fl.e.4..W+- 'D~~,-;^ w,,<;h ~. Kk C~W\~ From which the diagnosis made is: L, "-<<.- ~ kC!Q 0 a f A-L~ he,;VI ~ .. With a prognosis as follows: 'j,<ftM)i '7)~1 It.Je Q.. ~ - ~'.vr C~ "GNW4! ,IJ rn ~'" ) ~ (J51 \'."'Y\' 2. On the basis of the foregoing history and examination, the affiant is of the opinion that the ability of JOSEPH MEYERHOFFER to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is totally unable to manage his medical and financial condition to meet essential requirements for his physical health, welfare and safety, and, therefore, that he is, and continues to be, incapacitated under Chapter 55 of the Probate, Estates and Fiduciaries Code, as amended. 3. The physical and mental condition of said patient would be harmed by his presence at the hearing on his incapacity. I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties 0 18 Pa. C. S. A. ~ 4904 relating tt\D to unsworn falsification to authorities. J ep T. Acri, M.D. 108 Lowther Street Camp Hill, PA 17011 Sworn W~ and subscribed before me this0 day of $~rt-~~1.~006 NOTARIAL SEAL ROBERT G FREY NOTARY PUBLIC Borough of Carlisle Cumberland County PA My Commission Expires June 4 2010