HomeMy WebLinkAbout11-20-06
NOV ft 200B
IN RE:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN RITTER, an alleged
incapacitated person
: ORPHANS COURT DIVISION
: NO. ~ \ - b \.9 - \ D ~ ~
: GUARDIANSHIP-INCAPACITATED PERSON
EMERGENCY PRELIMINARY ORDER
NOW, this 'Jp~daYOf N~, 2006, upon consideration of
the attached petition, a hearing is set to determine whether BENJAMIN RITTER
should be adjudged an incapacitated person and a guardian of his person and
estate be appointed in Courtroom No.? of the Cumberland County
Courthouse, on f} r1-c"'l:C-}~ 4~ ;.. ~.. ,2006, at .f ~ ,"3Co'c1ock .m.
Until the above-captioned matter is resolved in regard to the incapacity of
Benjamin Ritter, this Court immediately appoints his mother, CANOl YINGER, as
his appointed plenary guardian of the person and of the estate of BENJAMIN
RITTER.
By the Court,
J.
IN RE:
: IN THE COURT OF COMMON PLEAS OF
= CUMBERLAND COUNTY, PENNSYLVANIA
BENJAMIN RITTER, an alleged
incapacitated person
: ORPHANS COURT DIVISION
= NO.
= GUARDIANSHIP-INCAPACITATED PERSON
PETITION FOR ApPOINTMENT OF GUARDIAN
NOW comes petitioner, CANDI YINGER, by her attorney, John J.
Mangan, Esquire, and presents this petition for appointment of guardian over
Benjamin Ritter, an alleged incapacitated person, representing as follows:
1. Petitioner is Candi Yinger, an adult individual and mother of the
alleged incapacitated person, residing at 1328 Pine Road, Carlisle, Cumberland
County, Pennsylvania, 17013.
2. The alleged incapacitated person is Benjamin Ritter, born
September 13, 1986 (age 20), an adult individual who resided with his mother at
1328 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013 prior to his
accident.
3. Benjamin Ritter is temporarily in treatment with Hershey Medical
Center, Hershey, Pennsylvania.
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4. Larry Ritter is an adult individual and father of the allegeas~
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incapacitated person and resides at 460 Crane's Gap Road, Carlisle, i;:~~
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Cumberland County, Pennsylvania 17013. (:~8~
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5. The alleged incapacitated person became incapacitated after a
motorcycle accident on August 5, 2006 and complications relating to blunt force
trauma to his brain.
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5. The alleged incapacitated person is currently in a semi-coma and
has limited motor skill functioning and has limited mental functioning.
6. The alleged incapacitated person is unable to communicate at this
time.
7. The alleged incapacitated person also suffered severe injuries to
his legs and requires further surgery and blood transfusions.
8. The alleged incapacitated person has been unable to handle his
own financial and healthcare issues since his accident.
9. The alleged incapacitated person may need further blood
transfusions and may require medications related to brain stimulation for his
rehabilitation.
10. A dispute has arisen regarding Benjamin Ritter's medical treatment
between the alleged incapacitated person's parents, Candi Yinger and Larry
Ritter.
11. Larry Ritter is a Jehovah's Witness and refuses to allow blood
transfusions and to allow his son to take the recommended brain stimulant
medications.
12. Petitioner has no knowledge of any other Court within this
Commonwealth which has appointed a guardian for the alleged incapacitated
person.
13. Petitioner intends to present appropriate medical/psychological
testimony at a hearing regarding the alleged incapacitated person's inability to
handle his financial, healthcare and other general affairs.
14. Petitioner, having no interest adverse to the alleged incapacitated
person, has agreed to act as guardian if this Honorable Court shall so appoint.
15. The alleged incapacitated person owns no assets in his own name.
16. Petitioner believes that a guardianship is necessary to ensure that
proper healthcare, financial and other general decisions are made on behalf of
the alleged incompetent person.
17. Petitioner believes that she is qualified to act as guardian because
she has cared for the alleged incapacitated person with regard to most aspects
of his life for the past several months.
18. Petitioner believes that there is no other less restrictive alternative
than the within request.
WHEREFORE, Petitioner respectfully requests this Honorable Court to
adjudge Benjamin Ritter as an incompetent person and to appoint Candi Yinger
as plenary guardian.
SA YLEY & MANGAN
DATE:
-
John J. Mangan, Esquire
57 West Pomfret Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court 1.0. #87000
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: BENJAMIN RITTER,
AN ALLEGED INCAP ACIT A TED PERSON
CUMBERLAND COUNTY
PENNSYL VANIA
NO. 21-06-1022
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 11/20/06
JUDGE'S INITIALS: EEG
TIME STAMP D ATE: 11/20/06
IN RE: EMERGENCY PRELIMINARY ORDER
SERVICE TO:
JOHN MANGAN, III ESQ
LARRY RITTER
CANDI YINGER
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
cgj USPS
DRRR
o HAND DELIVERED
o OTHER_
cgj PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 11/20/06
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
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Clerk of Orphans' Court
IN RE: BENJAMIN RITTER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An alleged incapacitated person
NO. 21-06-1022
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A petition has been filed with the Court to have you declared an Incapacitated~~n. I~e
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Court finds you to be an Incapacitated Person, your rights will be affected, including]@~ghtJ}
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manage money and property and to make decisions. A copy of the petition which h~D~en file~y
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IMPORTANT NOTICE
CITATION WITH NOTICE
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Candi Yinger is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No.1, Cumberland
County Courthouse, Carlisle, Pennsylvania, on November 22
,2006, at 10:30 A.M. 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 attorney, 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 attorney'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 Court.
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.
Date: 1 1-20-06 By: ~. ,~"'U~
Clerk, Orphans' Court Divisio~. . ,- -
Cumberland County, Carlisle, P A
My Commission Expires 151 Monday,
January, 2010
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: BENJAMIN RITTER,
AN ALLEGED INCAPACITATED PERSON
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-06-1022
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 11/20/06
JUDGE'S INITIALS: EEG
TIME STAMP DATE: 11/20/06
IN RE: CITATION WITH NOTICE
SERVICE TO:
JOHN MANGAN, III ESQ
LARRY RITTER
CANDI YINGER
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
k8J USPS
ORRR
o HAND DELIVERED
o OTHER_
k8J PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 11/20/06
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SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
ORRR
o HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
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