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Home My WebLink About10-30-06 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INRE: ESTATE OF JAMES HUNCHARIK, AN ALLEGED INCAP ACIT A TED PERSON ORPHANS' COURT DIVISION No. ~ \ ~Olt> --c'q53 PETITION FOR APPOINTMENT OF GUARDIAN Petitioner, Sherial Huncharik., through her counsel, Debra K. Wallet, Esq., respectfully requests that this Court adjudicate her husband, James Huncharik, to be an "incapacitated person" within the meaning of 20 Pa.C.S.A. S5501 and appoint petitioner to be the guardian of the person and estate of James Huncharik. She states the following in support of her petition: 1. The alleged incapacitated person is James Huncharik, age 59 years, whose legal residence is 97 Queen A venue, Enola, Cumberland County, Pennsylvania. 2. Petitioner, Sherial Huncharik, age 58 years, resides at 97 Queen Avenue, Enola, Cumberland County, Pennsylvania, and is the wife of James Huncharik. 3. James Huncharik has no children, no siblings, and no living parents. The only presumptive adult heir is Sherial Huncharik, the wife. 4. The treating physician of James Huncharik is Richard Evans, D.O., of 1631 N. Front Street, Harrisburg, Pennsylvania. Dr. Evans is treating Mr. Huncharik in the intensive care unit at Holy Spirit Hospital and has rendered the opinion that Mr. Huncharik is not conscious and does not presently have the capacity to manage his own affairs. He is unable to function except to breathe with a ventilator. 5. James Huncharik is an "incapacitated person" within the meaning of 20 Pa'C.S.A. S5501 because he lacks sufficient capacity to make or communicate responsible decisions concerning his person. 6. Full-time nursing home care is the least restrictive setting for James Huncharik. 7. Plenary guardianship of the person and of his estate is sought because James Huncharik is totally incapacitated. 8. Petitioner is a qualified individual who is interested in the welfare of her husband. She would be the logical Administratrix of the Last Will and Testament of James Huncharik. It is believed that Petitioner has no interest adverse to her husband. 9. The Estate of James Huncharik consists of an IRA of value of approximately $50,000, two vehicles in joint names, and personal property. 10. Petitioner requests the appointment of a guardian for her husband, in part, so that she can obtain a home and manage his affairs. 11. James Huncharik receives $1,214 per month in Social Security disability benefits and $1,131 per month resulting from retirement from his employment with the Commonwealth of Pennsylvania. Sherial Huncharik has current income consisting only of unemployment compensation of $850 per month. WHEREFORE, Petitioner requests that this Court: A. Set a hearing to receive evidence of the total incapacity of James Huncharik; B. After appropriate hearing, adjudicate James Huncharik to be an "incapacitated person" within the meaning of 20 Pa.C.S.A. ~5501; C. Appoint petitioner to be guardian of both the person and the estate of James Huncharik; and D. Grant such other relief as may be appropriate based upon the incapacity of James Huncharik. Respectfully submitted, ~t!. ....J&AN..r Debra K. Wallet, Esq. 24 N. 32nd Street Camp Hill, PA 17011 J.D. #23989 (717) 737-1300 Attorney for Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INRE: ESTATE OF JAMES HUNCHARIK, AN ALLEGED INCAPACITATED PERSON ORPHANS' COURT DIVISION No. DOCTOR'S AFFIDAVIT I, --;{ ~~ &?4-r6 ----:r[) -;-am currently treating James Huncharik who is unresponsive and breathing with the assistance of a ventilator. It is my opinion that it would be detrimental to James Huncharik's health for him to be required to appear at these court proceedings. It is also my opinion that James Huncharik would not be able to participate in these court proceedings nor would he understand them. I concur with Sherial Huncharik that a guardian should be appointed for James Huncharik. ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INRE: ESTATE OF JAMES HUNCHARIK, AN ALLEGED INCAPACITATED PERSON ORPHANS' COURT DIVISION No. VERIFICA nON I verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: Oc..""U"" 30 2.001# f ! / . f\ / I ' / . ! I/} (: ~! _ I . . i / LA.A ~ ,/ '::J C (J-L,~'~(G~A 'SHERIAL HUNCHARIK '-.... IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA INRE: ESTATE OF JAMES HUNCHARIK, AN ALLEGED INCAPACITATED PERSON ORPHANS' COURT DIVISION No. AFFIDA VIT OF CONSENT I, Sherial Huncharik, hereby consent to my appointment as Guardian for my husband, James Huncharik. I hereby further acknowledge that I am aware of all of the responsibilities involved with said Guardianship within the meaning of 20 Pa. C.S.A. ~5521. Date: ()c..I.ob e.c" 30. :t DO l.# 'AI 1/ \ / f " j . / / .' '-J /~~ U ~A^</' 'SHERIAL HUNCHARIK IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA INRE: ESTATE OF JAMES HUNCHARIK, AN ALLEGED INCAP ACIT A TED PERSON ORPHANS' COURT DIVISION No. 2 l-0to ~ oqS~ NOTICE YOU HAVE BEEN SERVED WITH A PETITION FOR APPOINTMENT OF GUARDIAN. YOUR WIFE, SHERIAL HUNCHARIK, IS ASKING THE COURT TO BE APPOINTED AS YOUR GUARDIAN TO TAKE CARE OF YOU AND CONDUCT YOUR EVERY DAY BUSINESS AFFAIRS. IF SHERIAL HUNCHARIK IS APPOINTED AS GUARDIAN YOU MAY LOSE YOUR RIGHTS TO CONTROL YOUR FINANCIAL AFFAIRS AND TO MAKE DECISIONS AFFECTING YOUR CARE AND EVERYDAY LIFE. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PETITION YOU MAY HIRE AN ATTORNEY OR HAVE THE COURT APPOINT AN ATTORNEY FOR YOU. IF YOU CANNOT AFFORD AN ATTORNEY THE COURT CAN ARRANGE FOR AN ATTORNEY AT NO FEE TO YOU. A HEARING HAS BEEN SCHEDULED FOR ,2006, AT .M. IN THE CUMBERLAND COUNTY COURTHOUSE IN COURTROOM NO. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 22 SOUTH BEDFORD STREET Carlisle, PA 17013 (717) 249-3166 or 1-800-990-9108