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HomeMy WebLinkAbout94-00549 IN RE: LORETTA G. MARTIN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. (';11 - 7'1 /;"'11 GUARDIANSHIP PRELIMINARY DECREE FOR GUARDIANS AND NOW, this /), I)ci day of Uu,\I{., 1994, to jUdiciallY resolve petitioners' request for the appointment of guardians, the court does hereby ORDER AND DECREE the following: petition is scheduled 1. The Court hearing on the attached " t.t I for the Q _.c1 day of Ii Lt G t<- 1. t' o'clock ~.M. (prevailing time). The Judge .rA iLl V 1994 at I :J() in courtroom hearing will be held No. ~___, located before in the Cumberland County Courthouse in Carlisle, Pennsylvania. 2. The court directs the issuance of an appropriate citation with rule to show cause why the above-captioned individual should not be adjudged an incapacitated person and why the court should not appoint appropriate guardians. 3. Petitioner shall cause to be served (by personal service) the oi tation and peti tion with attached !lotice upon the alleged incapacitated person at least twenty (20) days prior to the court hearing. The contents and terms of the petition and the notice shall be explained to the maximum extent possible in language and terms the alleged incapacitated person is most likely to understand. An affidavit of service shall be filed before the hearing or offered as an exhibit at the beginning of the court hearing. I " " " , , i, : " .. M",,,,, ~1' ~, " ,j', ," , , "" 1\ " , ., I Ji ,. " , " 'j: ~. \ 1 ,,'" ,. ',\ ,~I " .. , " " LI' ,,'. " '" I!I " ,. , , t . \i~~IJU1~~f~;~ ~il~~ (l~':fjt'~\MJJ,1t;(1 ,;~ll.Wi(rt:/!~,~],\I\'N ~;:flll\,I.W~Y,(~i~~J~rJ~YiZ( ~tKz\~~Jl4r,i~\1/j~~'i~IV}::JI\4~1\4,1~' l.1J r,Vi!,j' !ljll/hl\:J,I{I\inl~!: '::r.\!.'!l! ,',,'l.\,!!). 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Ii \:'I'j'~' {, 6ofMST^,^INST.RE~T: I \ , t p ':, t "Iwl' .,' " ~1.',1'\1~";'\~\1 :j~'l~/,ti)' t:t'rirt,h1'fn1,J.' (ubOH^' NICSBURO P^ 17055 ' , j ,," \," ,II!! '~~~f'l~f;I'J~,I";'r">'\;:'\"~l{' ,/,H'I' "ll:'.)\ 'JflU;', .; ....Il< '1\ I "'It l' "hq' ",:"-':(f 1) "-r I 'j I I I'~", 1\ " <' '1:11.1 \/ I. '. ", " '(1\' ~p^ I \'il,,'~r'.;f('/~ ','. .~'\ ?,t,,697t4f6S0 'FAX(117)6'7.9395 "I!( 11"?")L~ljj,I'~"II\ ~~"!\I',!\I~~':f'f:;I\r~ ' " . I \I i,' i' , " I " ,'!. "I' "',1,1'" '., " " ,l:,(~i~ I."., ""ll " '.' " . ,', I', I' /. , { " " , ,'I , " I \\ '" , " " "~,"~ ";' (, '; ;l ;1 ~ , ,I' i' . , ',-, ,. ,. " 1,"--) , I ,. ,I' "n '1 ," n. ,': ,j II ')'1 , ,. I, " ,..If . , " .... .'HI1 , ,('I' ,. ,. " ,. " "I 'Ii "(', ,I I' ; ; , ~ ,. , , " " ,. ", ,.1 ,,, ,. , , 1,,( ," , " .,..~.....~ .,,,.;~............ ......r,l...... \ ~. , .- ,. IN RE: LORETTA G. MARTIN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. GUARDIANSHIP IMPORTANT NOTICE CITATION YOU ARE HEREBY NOTIFIED THAT THE ATTACHED PETITION FOR THE APPOINTMENT OF A GUARDIAN HAS BEEN FILED WITH THE ORPHANS' COURT OF CUMBERLAND COUNTY AND THAT A HEARING ON THE PETITION HAS BEEN SCHEDULED BEFORE THE HONORABLE , IN COURTROOM NUMBER , LOCATED IN THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PENNSYLVANIA, ON THE DAY OF , 1994, AT O'CLOCK _.M. (PREVAILING TIME.) THE PURPOSE OF THIS HEARING IS TO DETERMINE: 1. WHETHER YOU SUFFER FROM ANY MENTAL OR PHYSICAL IMPAIRMENT I'IHICH WOULD AFFECT YOUR ABILITY TO RECEIVE AND EVALUATE INFORMATION EFFECTIVELY AND COMMUNICATE DECISIONS; AND 2. WHETHER SUCH IMPAIRMENT, IF ANY, IS SIGNIFICANT ENOUGH TO RENDER YOU PARTIALLY OR TOTALLY UNABLE TO MANAGE YOUR FINANCIAL RESOURCES OR TO MEET ESSENTIAL REQUIREMENTS FOR YOUR PHYSICAL HEALTH AND SAFETY. AT THE TIME OF THE HEARING, THE COURT WILL RECEIVE EVIDENCE ABOUT YOUR ALLEGED INCAPACITIES OR FUNCTIONAL LIMITATIONS. IF THE COURT DETERMINES THAT INCAPACITIES OR FUNCTIONAL LIMITATIONS EXIST, THE COURT MAY APPOINT A GUARDIAN TO ACT ON YOUR BEHALF. THE APPOINTMENT OF A GUARDIAN IS A MATTER OF GREAT IMPORTANCE SINCE IT WOULD RESTRICT AND INFRINGE UPON YOUR I,EGAL RIGHT TO PERFORM CERTAIN ACTIVITIES OR TO MAKE CERTAIN DECISIONS. DUE TO THE SERIOUSNESS OF THIS PROCEEDING, YOU HAVE 'l'HE RIGHT TO REQUEST THE APPOINTMENT OF COUNSEL AND TO HAVE COUNSEL APPOINTED IF THE COURT DEEMS IT APPROPRIATE. IF YOU CANNOT AFFORD COUNSEL, YOU HAVE THE RIGHT TO HAVE SUCH COUNSEL PAID FOR BY THE COUNTY. YOU ALSO HAVE THE RIGHT TO REQUEST THE COURT TO ORDER AN INDEPENDENT EVALUATION OF YOUR ALLEGED INCAPACITI ES. ADDITIONALLY, YOU HAVE THE RIGHT TO A TRIAL BY JURY ON THE ISSUE OF YOUR ALLEGED INCAPACITIES. YOU HAVE A RIGHT TO BE PRESENT AT THE COURT HEARING UNLESS YOUR PHYSICAL OR MENTAL CONDITION WOULD BE HARMED BY YOUR PRESENCE, OR IF YOU ARE OUT OF THE COMMONWEALTH. ", .,' , , ,I,,' , ' , 'I YOU HAVE THE RIGHT TO APPEAL THE COURT'S DECISION REGARDING INCAPACITY OR FUNCTIONAL LIMITATIONS .AND THE APPOINTMENT OF GUARDIANS BY FILING NOTICE OF APPEAL TO THE SUPERIOR COURT OF PENNSYLVANIA WITHIN DAYS OF THE COURT'S DECISION. YOU ALSO HAVE THE RIGHT TO PETITION THE ORPHANS' COURT OF CUMBERLAND COUNTY FO~ A REVIEW HEARING TO MODIFY OR TERMINATE THE G.UA~IANSHIPS ''''HIH 10 DAYS OF TIlE COURT'S DEem H'j ~J Ii . t {ir I h ,I I . " MUrrel R. Walters, III, Esquire Attorney for Petitioners 54 East Main Street Meahanioaburg, PA 17055 (717) 697-4650 I.D. No. 24849 " ", '" i " , ,. " " , , , , , " Iii! ili , " ,I i ,. , , ,i , , ,. " , ,. ,. , \ I" i,!', j' I," ". " , " ';' ,'.,' 1\ , , /, ,I ,'j' 1,,\ i,'\' "; ~ ""'" ': ! " ,. II., " Ii 'j, 'i,' 'i,I' i'l 'I', 1', I', I' " , '.., I' ; 'I'ti ." "I ,. , .. L I' II i}, ,. . I" " , > I' ,",1." ,. , '1, 'I, ,;' ,,-' , "II Ii; J, ."j /, " ,I,i, " I' ,. .. . j, 'il " " \, I' , , " I;i,' " ; t, ji" 1:- ,. ,. ': / If .,. I' ., "~I , '" I' " , " , ,; ! ;I,' I,ll> :' '."; ,,,I' " , ", 1.' i'_'" ',j;' " ,I ,d' ',l' "t. , , ' .\; ,I' ,. I" ,. " ',-, , , ,. " '1\ ,.'; t, " I' :' "", j\." ,. ", .' ,. " " " , , " j, / " IN RE: LORETTA G. MARTIN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. GUARDIANSHIP Final Dacr.e - Adjudioation ot Totally Incapacitated Person and Appointment ot Plenary Guardian AND NOW, this day of 1994, upon consideration of the annexed petition and after hearing held following due notice, it is ORDERED and DECREED that, based upon a finding that Loretta G. Martin suffers from atrophy of the brain and, as a result, is so severely mentally impaired that she is unable to make, communicate or participate in any decision relating to her estate or person, Loretta G. Martin is adjudged totally incapacitated. George F. Martin and Claire M. Schaffer are appointed plenary guardians of the person and of the estate of Loretta G. Martin. within 12 months of the date of this decree and ntleast annually thereafter, the respective guardians shall file with this Court a report which shall include all information as required pursuant to 20 Pa. Cons. stat. S 5521(c). Loretta G. Martin has twenty (20) days from the date of this decree to file exceptions. Failure to file exceptions within that time will result in this decree becoming final. Loretta G. Martin has been advised of her right to appeal and to petition to modify or terminate the guardianship by copy of this decree and by the Statement of Rights attached hereto. By the Court: J. LORETTA G. MARTIN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN REI NO. GUARDIANSHIP Petition tor Adjudioation ot Inoapaoity and Appointment ot Plenary Guardian of the Estate and Person in Aooordanoe with 20 Pa. Cons. stat. S 5511 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioners are GEORGE F. MARTIN, and CLAIRE M. SCHAFFER, son and daughter of LORETTA G. MARTIN (the "alleged incapacitated person") . 2. The alleged incapacitated person was born on September 23, 1924, is 69 years of age and widowed, and resides at 35 Roxbury Road, Newville, Pennsylvania. 3. The following persons ar.e to the best of petitioners' knowledge, information and belief the only living next-of-kin of the alleged incapacitated person: George F. Martin - son claire M. Schaffer. - daughter 4. The name and address of the institution providing residential services for the alleged incapacitated person is Country Meadows Nursing Home, Mechanicsburg, Pennsylvania. 5. To the extent known by the petitioners, the assets of the alleged incapacitated person are valued at approximately $95,000.00, comprising the following: $15,000 cash and automobile; a personal residence at 35 Roxbury Rd., Newville, Pennsylvania, valued at $85,000.00. 6. Petitioners estimate the alleged incapacitated person's annual income to be $17,000.00, including current monthly Social Security benefits of $319.00 and $1100.00 monthly Federal retirement. 7. The alleged incapacitated person was not a member of the armed services of the United States and is not receiving benefits from the Unjted States Veterans' Administration. 8. The alleged incapacitated person suffers from atrophy of the brain. 9. On May 23, 1994, under the emergency procedures of the Mental Health Act, an order was entered by which Loretta Mortin was involuntarily admitted to the psychiatric ward of the Carlisle Hospital. Doctor Rocco L. Manfredi, 220 Wilson street, Carlisle provided the necessary medical testimony. 10. Because of her mental and/or physical condition, the alleged incapacitatod porson is totally unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto, including the ability to communicate her need for assistance in these areas. 11. Because of her impaired mental and/or physical condition, the alleged incapacitated person lacks the capacity to make or communicate responslble decisions concerning her person and is unable to keep herself properly nourished and hydrated, make her own living arrangements and seek need of medlcal services. 12. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable, less restriotive alternatives necessitate that a plenary guardian of her estate be appointed to manage and handle all aspect~ of the alleged inoapacitated person's estate, specifically including, but not limited to: all issues relating to her cash, checks, and any bank or savings accounts held in her name, her personal property, her real estate, her life and other insurance of which she is a beneficiary, her entitlement to any governmental and non- governmental benefit plans, federal, state, and local taxes, claims made or to be made on behalf of her or against her, the execution of documents, entry into contracts affecting her and the payment of reasonable compensation or costs to provide services to her. 13. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of her person be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: her living arrangements, her medical and psychiatric oare, the administration of medication to her, and the employment . and discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for her physical and mental treatment and care. 14. Petitioners are not aware that the alleged incapacitated person signed any powers of attorney or advance health care directives or in any other way designated anyone to serve as her agent over any of her personal or financial affairs or as her surrogate over her medical oare, or that ahe designated in writing her wishes with regard to health care, including the use or refusal of life-sustaining treatment. 15. The proposed plenary guardians of the person of the alleged incapacitated person are claire M. Sohaffer, a daughter, who resides at 903 Peachtree Drive, Mechaniosburg, Pennsylvania, and a son, George F. Martin, who resides at 39 Roxbury Road, Newville, Pennsylvania. 16. The proposed plenary guardian of the person, Claire M. Sohaffer, is 43 years of age and is employed at Polyclinic Medioal Center. The proposed plenary guardian of the person, George F. Martin, is 33 years of age and is employed at Fry communications. 17. The proposed plenary guardians have no interest adverse to the alleged incapacitated person. 18. The consents of the proposed plenary guardians are attaohed as Exhibit "A". 19. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 20. No other guardian has been appointed for the estate or person of the alleged incapacitated person. WHEREFORE, petitioners respectfully request that this Court award a citation directed to Loretta G. Martin, the alleged incapacitated person, and to such other persons as this Court may ",. ,. 'I, , , ' 1;" ./\ " " 'I) I,) ,f,1 ,. , .1. I'.' '.'..-; () \1 ,\i)'\',(: 0';' " , ". ,: "'"., ',Ii p' ., \rrl t~,j I. .' " H'I " ,1; , ' ," "" , , " i. \',1.' " 'i " >,-" , i " , " " .' ,./ " '.11 ", II; l' " , " . \t:'!<~ '.'~, n; T" ,:"j ". I,i .t " \. ,. " '4 ,r"\' N ,. :~j J. "1 1,1 '",~, Ul,.l " " " , 'I H I' Ii' ,.,' " " ,. '! 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