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HomeMy WebLinkAbout96-00472 IN RE: JOHN C. MARTIN, an alleged incapacitated person : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. u -q/.p - L/TL TO: JOHN C. MARTIN IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with this Court to have an Emergency Guardian appointed for you. If the Court finds that you are in need of emergency guardianship services, your rights will be temporarily affected, including your right to manage money and property and to make decisions. A copy of the petition which has been filed by Kevin J. Martin is attached. You are hereby ordered to appear at a hearing to be held in Courtroom No. ~ of the Cumberland County Courthouse in Carlisle, pennsylvania, commencing at 1-:0D o'clock ~.m., on 2~ day, the ...22... day of n( I\l f- , 1996, to tell the Court why it should not appoint an Emergency Guardian to act on your behalf. The Court will apoint an Emergency Guardian if it finds that you lack capacity, that you are in need of a guardian and that the failure to appoint a guardian will result in irreparable harm to your person and/or your money or other property. The Emergency Guardian will be of your person and/or your money or other property and will have either limited or full powers to act for you. To lack capacity means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money 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 unless the Court finds that the exercise of these rights is not feasible under the circumstances. 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 if you cannot afford to pay them yourself. IN RE: JOHN C. MARTIN, an alleged incapacitated person IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN OF THE ESTATE AND PERSON OF AN ALLEGED INCAPACITATED PERSON AND NOW, comes the Petitioner, KEVIN J. MARTIN, by and through the undersigned counsel, and represents and avers as follows: 1. Petitioner, Kevin J. Martin, is an adult individual who resides at 61 Valley Road, Jackson, New Jersey 08527, and he is the son of John C. Martin, the alleged incapacitated person. 2. John C. Martin, the alleged incapacitated person, was born on February 7, 1923, and is now 73 years of age. 3. John C. Martin is married to Virginia F. Martin, who now resides at Camp Hill Care Center, 46 Erford Road, Camp Hill, Cumberland County, Pennsylvania. John C. Martin's parents are both deceased. 4. John C. Martin resides in a private dwelling owned by Petitioner and located at 1927 Enfield Street, Camp Hill, Cumberland County, pennsylvania. John C. Martin has resided in Cumberland County for a period in excess of one (1) year prior to the filing of this petition, and he intends to remain in Cumberland County for the indefinite future. . , .. 5. petitioner and virginia F. Martin are the only living presumptive adult heirs of John C. Martin. 6. To the extent known by Petitioner, the estate of John C. Martin consists of the following assets: (A) A Mortgage Note dated April 29, 1996, in the face amount of $93,000.00 and secured by a Mortgage of even date on the real property located at 1927 Enfield Street, Camp Hill, cumberland County, pennsylvania. The Mortgage Note was made by petitioner and his spouse, Heidi K. Martin, as obligors, in favor of John C. Martin and Virginia F. Martin, as obligees. (B) A checking account at PNC Bank with a current balance of approximately $47,500.00. (C) Miscellaneous personal property and clothing having an approximate fair market value of $1,000.00. 7. To the extent known by petitioner, John C. Martin's income consists of the following: (A) A Social Security benefit in the amount of $955.00 per month. (B) A private retirement benefit in the amount of $485.00 per month. 8. The foregoing statements of John C. Martin's assets and income are approximations. A formal Inventory will be filed with the Court within three months of the date of the appointment of a guardian, in accordance with 20 pa.C.S. 55142 and 55521(b). 2 ~-""-,,....,.,., " \. "1" .. 9. John C. Martin was a member of the united States Armed Forces and is receiving benefits from the united States Veterans Administration. 10. On March 8, 1996, John C. Martin was examined by Paul A. Kettl, M.D. and Anne V. Dall, M.D., who are an associate professor and resident psychiatrist, respectively, at the Milton S. Hershey Medical Center, Department of psychiatry. A copy of the examination report is attached hereto as Exhibit "A". 11. John C. Martin suffers from Alzheimer's type dementia with progressive deterioration. specifically, he exhibits deficits in short _ term memory and orientation to time and place. Mr. Martin'S dementia prevents him from fully understanding the significance of his actions and the actions of others around him. 12. Because of his mental condition, John C. Martin'S ability to receive and evaluate information effectively and communicate decisions in a meaningful way is impaired to such a significant extent that he is totally unable to manage his financial resources and to meet essential requirements for his physical health and safety. 13. Because of his mental condition, John C. Martin lacks sufficient capacity to make and communicate responsible decisions concerning his financial affairs and his personal physical health and safety. 14. petitioner is the proposed plenary guardian of the estate and person of John C. Martin. petitioner is a professional truck 3 dri ver and is a ci tizen of the United States. peti tioner can speak, read and write the English language. 15. The proposed guardian has no interests adverse to the interests of John C. Martin. 16. Attached hereto as Exhibit "B" is the written consent of Virginia F. Martin to Petitioner's appointment as emergency guardian of the estate and person of John C. Martin. 1? No other court has assumed jurisdiction in any proceeding to determine the incapacity of John C. Martin. and no guardian has been appointed for either his estate or person. 18. John C. Martin has signed a Durable General Power of Attorney dated August 5, 1995, naming Petitioner as his attorney- in- fact and nominating petitioner as the guardian of his estate and person. A copy of the power of attorney is attached hereto as Exhibit "C". 19. John C. Martin has not signed or implemented any trust arrangements for the management of his resources, and consequently, no trustee has the legal authority to manage his financial resources. 20. Petitioner has filed a petition of even date herewith to adjudicate John C. Martin an incapacitated person and to have himself appointed plenary guardian of the estate and person of John C. Martin. 21. John C. Martin's dementia causes him to be confused and to act agressively in social settings. 4 , , 22. John C. Martin's driver's license has been suspended for medical reasons, but he continues to operate his vehicle. 23. John C. Martin's dementia prevents him from taking prescribed medications and from otherwise meeting the essential requirements for his health, nutrition and safety. 24. In light of the foregoing facts, John C. Martin is in need of a guardian and will suffer irreparable harm if an emergency guardian of his estate and person is not now appointed. WHEREFORE, petitioner respectfully requests that, pursuant to 20 Pa.C.S. ~5513, this Court award a citation directed to John C. Martin, the alleged incapacitated person, with notice thereof to be given to such other persons as this Court may direct, to show cause why petitioner should not be appointed emergency guardian of the estate and person of John C. Martin. Respectfully submitted, GATES & ASSOCIATES, P.C. ByJ1J01i [. ') } /if} Mark E. Hal~ Sup. Ct. 10# 66737 1013 Mumma Road, suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for petitioner) Dated: G- \'2- , 1996 5 , , COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, KEVIN J. MARTIN, being duly sworn according to law, verify that the facts set forth in the foregoing petition are true and correct to the best of my knowledge, information and belief. I consent to my appointment as emergency guardian of the estate and person of my father, John C. Martin. ~~ Sworn to and sub~~ibed befor me this X'~ day o u 1996. GECRGENE J,IACULLO NOT Am PUBLIC OF NEW J:RSEY Mr Comm~.1on E.p,.. Mar 2&, 1m \ 03-15-1996 01:3~1 900 905 98'39 P, 03 THE MILTON S. HERSHEY MEDICAL CENTER DEPARTMENT OF PSYCHIATRY : PSYCltOOIIRIA1'RrC BVALUA'I.'W.s - JIllm ~m.N DOB. 03/08/96 PORI 02/07/23 IDENT~FYING DATA This ie A 73-year-oldl married man who lives in Camp Hill, ~aylvnniQ, alone. Hla ~ife ia currnntly in a nursing home after having a stroke. He ia referred (,01' evaluation by hie son an4 Dr. Larry Zismserman, ' g1IBP COMPLAINT 'I don't know _ My eon arranged this and I had no idea \lhy he did it.' , HISTORY OF PRESKNTING PRoaJRMs I The patient' B Bon apparently began I,oticing ehort-eorm memory difficulties in his father iwhen tha patient underwent surgery in the summer of 1995, The patient had" diagnosie of rectal carcinoma tor which he underwent surgery with a colostomy for a period of time. At about the same timo, the palient's wife'. :healch was worsening significantly and a hom8 health aide was hired to assist with her activities of daily living. The patient'S wife has aince been hospitalized and admitted to a nursing home. However, the lIome health a!de has continued to come to the heme in order to help the patient with hie activities of dai1r liviog, Speci!ically, Mr. Kartin forgets eo take his ,m8dication~, at t mea forgets if he has eaten, as well as what he haa eaten. He targets to feed his dog and although he dresses himself, will at timss wear tbe same clothing for aeveral days in 8 rOw if he is not cued othc~ise. The patient himself denies any difficulty with memory, Rather, the proble~s have been noticed by his son and the home health aids. He fre~ently calls people repeatedly, forgetting that they had just spoken. Anothcr alarming incident occurred when the patient attcmpted to drive to see Iiis wife. lie became confused as to IIhers he was going and ended up driving ,in the wreng direction down Front Street in Harrisburg. Mr. Hartin wa~ seen In August of 1995 by Dr. Lawrence Zimmerman. At that time, Q Hini-Hental Status Bxam was per!ormad and the patient scored 27 out of 3D, losing thrce pointD on three object recall. A diagnosis of early ^lzhei~r'e was Made. Hr. Martin denies sny:mood changes, and thcse are not reported by otbers. He also denies hallucinations in any senses and has not been seen responding to internal stiRroli. Hio appetite haa been stable and h. has not had any sleop disturbance. He states that his energy and interest are adequate. although he spends hia daya watching TV, reading and doing cros~word puzzles. He dentes Bny passive or active suicidal ideation. I PAST HISTORY Family History , The paeient denies any family hlutory of dementia or other psychiatric problema. His mother died ,in 1940 of a etroke and his fatller died in 1954 He 1. unsur. of the cause of hiD fathsr's doath, but feela it may have bee~ a stroke aa well. '~,; t.:l~r', l ~"',~' .~{ , l'r"':1:-(. , .J !o.,l"";"',,,. 1 .~ '1'1';t;'. "~"~!~ .";t"~,)T.fI\..{"tl~-~"~I~~.' ~f''''"..!.",.'1 =~. .~l.tt: ~~'-S:""'''' .)~~::;"'~~'tii);~~." \ ........'~...!i_t IB 03-15-1996 OI'35PM 908 90S 98'39 p, 04 Ra I JOM Kanin 2 Perianal History The patient i. originally from Long Island, NY. H. bad lived there WltU bis late 408, when hiir job neceDsltated h18 moving to Call1p 11111. 1111 il an only child and deocri~. biD childhocd a. ha~ and hi. parenti .. "very devot~d." His father'waD a bookbindor and hlD mother a homemaker. He deecribe. doing "fail:" ill Ichool and baD a high lohaol educltion, After higb IIcbool, he began worldng for the companr by wbich h. WDlI employod 1II01It of hie life. ae I.rved io the armed forcclI 0 Morld Mal: II, although he wae not involved in combat. HII hegan dating hiD wite whom he had knOIm .lnce childhood IIhcrtly after hie return ft'Olll the var. They ".re married two yeace later and bav. beon married fc%' .8 yearD. lie deacribes the marrisge as good; witb nO major conflicts. The couple heve one son, Kevin, who lives in New Jeraey. Mr. Martin currently describes drinking an oecaeianal alcoholic drink, lIocial1y, and etates thst when he was in his lsts teeDS he drank "S lot of beer" but denieD any probleina steming fI'OGl this. He 8Illoked in the paot, but, quit 25 yeue ago. ! Medical Ifietory . The pal:1ont baa no tndwn drug allergies. He currently takas Micranase 2.5 mg po q cSa.y to:t' non-insulin c1epllndent l1iabetell ",eUituI. lie underwent partial resection of his IllP.Je bowel in 1995 for rectal carcinolllll. Ka etates that he had an appendectomy as a child, but is unaware of any otber surgeriaa or otber medical problems. MENTAL STATUS RXAMINATIOR The patient wae cooperative with the evalustion althougb he repeatedly questionad the need for thelevaluation. Ue alao repeated statements several times throughout tha interview, not remembering that he had said thesa things before. His affect wae bright with periods of irritation. He denied auicidal or homicidal ideation. He demonstrated good eye contact. His speech "as clear, coher~t and goal-directed and he described his mOOd as 'good.- He did appear, at times, inappropriately unconcerned rsgarding bill wife's health and Dursi~g home placement. He showed no unusual tica, tremo:t's or mannerisms. He denied hallucinations in any aenses and .bowed no evidence of delu.ional ideation. He showed no flight Of ideas or 1000e associations. He denied obsessions, COlllpulsion. and phobias. The patient acored ~4 out of 30 in the Mini-Hentsl Status axamination. He loat two points on orientation to ti~e, one point on orientation to place, and tbree points on thr.. object recall. DlAON'OSTTC MRMtJLATION This ie a 73-year-old .man who prooonts with deficits in short-term memory over about a one-yeat period of time. Ris Mini-Mental Statu. Bxaminat10n ecore has decr~eed tl:~ 27 to 24 in about a aix-month period, indicating progressive deterioration. 110 appears distressed about the 101111 of his independence, and lacks insight inco his memory defioitll. , ! , DIAGNOSTlq IMPRBBSION Axis I Demen~ia - Alzh..illl8r'D type. Axh II , No dialgnosis. DURABLE GENERAL POWER OF ATTORNEY I, JOHN C. MARTIN, now of 1927 Enfield Street, Camp Hill, a resident of Cumberland County, pennsylvania 17011, appoint my son, KEVIN J. MARTIN, as my Attorney-in'Fact with all the rights and duties hereinafter stated. KEVIN J. MARTIN is referred to as "my Attorney-in-Fact" in this document. If and in the event that my son, KEVIN J. MARTIN, predeceases me or does not complete the duties of my true and lawful Attorney- in'Fact, then and in such event, I hereby make, constitute and appoint my daughter-in-law, HEIDI K. MARTIN, as my Successor Attorney-in-Fact with all the rights and duties hereinafter stated. I intend to create a Durable Power of Attorney pursuant to 20 C. S. Section 5604 (or the corresponding provision of any ~quent tat ,law). The effective date of this power is ~, ,1995. It is my express intent and direction that t 's Power of Attorney and the authority and powers hereby conferred shall not be affected by my subsequent disability, incapacity or incompetency, or the adjudication thereof, or later uncertainty as to whether I am dead or alive, and shall be fully exercisable notwithstanding the same. My Attorney-in-Fact is hereby given the fullest possible powers to act on my behalf, with the same powers, for all purposes, and with the same validity as I could, if personally present. Without limiting the general powers hereby already conferred, my Attorney-in-Fact shall have the following specific powers, including, but not limited to: 1. To collect and receive any money and assets to which I may be entitled; to deposit cash and checks in any of my accounts; to endorse for deposit, transfer or collection, in my name and for my account any checks payable to my order; to draw and sign checks for me and in my name, inCluding any accounts opened by such Attorney-in-Fact in my name at any bank, savings society, money market fund or elsewhere; to receive and apply the proceeds of such checks as my Attorney-in-Fact deems best; and to close accounts. 2. To take all lawful steps to recover, collect and receive any amounts of money now or hereafter owing or payable to me; and to compromise and execute releases or other sufficient discharges for such amounts; 3. To make loans, secured or unsecured, in such amounts, upon such terms, with or without interest and to such firms, corporations, and persons as my Attorney-in-Fact deems appropriate; 4. To institute, prosecute, defend, compromise, or otherwise dispose of (and to appear for me in any proceedings before any tribunal for the enforcement or for the defense of) any claim, either alone or in conjunction with other persons, relating to me or to any property of mine or any other persons; to obtain, discharge and substitute counsel and to authorize appearance of such counsel to be entered for me in any such action or proceeding; and to compromise or arbitrate any claim in which I may be interested and for that purpose to enter into agreement or compromise or arbitration and perform or enforce any award entered pursuant to such arbitration; 5. To lease, sublet, sell, release, hire professional managers, conveyor mortgage any real property owned by me (including my residence) or in which I have an interest now or in the future, upon such terms and conditions and under such covenants as my Attorney-in-Fact shall determine, including the sale of my real estate and to sign, execute and deliver deeds and conveyances therefor; 6. To purchase or otherwise acquire any interes t in and possession of real property and to accept all deeds for such property on my behalf; and to manage, repair, improve, maintain, restore, build, or develop any real property in which I now have or may have an interest in the future; 7. To execute, deliver and acknowledge deeds, deeds of trust, covenants, indentures, agreements, mortgages, hypothecations, bills of lading, bills, bonds, notes, receipts, evidences of debts, releases and satisfactions of mortgage, judgments, ground rents and other debts; 8. To collect, comprOlnise, endorse, borrow against, hypothecate, release and recover any promiSSOry note receivable, whether secured or unsecured, and any related deed of trust; 9. To buy, purchase, sell. repair, alter, manage and dispose of personal property of every kind and nature at private or publiC sale and to sign, execute and deliver assignments and bills of sale therefor; 10. To enter my safe deposit boxes and to open new safe deposit boxes; to add to and to remove any of the contents of any such safe deposit boxes; and to close any of such boxes; 11. To borrow money for my account on whatever terms and conditions deemed advisable, inCluding borrowing money on any insurance pOlicies issued on my life for any purpose without any obligation on the part of such insurance company to determine the purpose for such loan or application of the proceeds, and to pledge, assign and deliver the pOlicies as security; 12. To apply for and to receive any government, insurance and retirement benefits to which I may be entitled and to exercise any right to elect benefits or payment options; to terminate such 2 benefits; to change beneficiaries or ownership of such benefits; and to assign rights or receive cash value in return for the surrender of any or all rights I may have in life insurance pOlicies or benefits, annuity pOlicies, plans of benefits, mutual fund and other dividend investment plans and retirement, profit, sharing and employee welfare plans and benefits; 13. To take custody of any stocks, bonds and other investments of all kinds, to give orders for the sale, surrender or exchange of any such investments and to receive the proceeds therefrcm; to sign and deliver assignments, stock and bond powers and other documents required for any such sale, assignment, surrender or exchange; to give orders for the purchase of stocks, bonds and other investments of any kind; to give instructions as to the registration thereof and the mailing of dividends and interest therefrom; and to deposit coupons attached to any coupon bonds, whether now owned by me or hereafter acquired; 14. To purchase for me United States of America Treasury Bonds of the kind which are redeemable at par in payment of federal estate taxes; to borrow money and obtain credit in my name from any source for such purpose; to make, execute, endorse and deliver promissory notes, drafts, agreements or other obligations for such bonds and, as security therefor, to pledge, mortgage and assign any stocks, bonds, securities, insurance values and other properties, real or personal, in which I may have an interest; and to arrange for the safekeeping and custody of any such Treasury Bonds; 15. To open or maintain accounts with stockbrokers (on cash or on margin); and to buy, sell, endorse, transfer, hypothecate and borrow against any shares of stock, bonds or other securities; 16. To vote at all meetings of shareholders (whether general, regular or special) of any corporation whose shares I own, on any questions which may arise at any such meeting, and to do everything respecting such shares of stock, including the calling of meetings of directors or stockholders or making and giving consents and ratifications, and any other act which I could do if personally present, intending hereby to confer upon my Attorney-in'Fact full power and authority to do (with reference to such shares of stock) everything which I might or could do as owner of such shares; 17. To continue the operation of any business belonging to me or in which I have a substantial interest, in such manner as my Attorney-in-Fact may deem advisable or to sell, liquidate or incorporate any business (or interest therein) on such terms as my Attorney-in-Fact may deem advisable and in my best interests; 18. To procure, change, carry or cancel insurance of such kind and in such amounts as my Attorney'in-Fact deems advisable to protect from risks affecting property or persons due to liability, damage or a claim of any sort; to claim any benefits or proceeds on 3 my behalf; and to purchase medical insurance for any dependent of mine; 19. To join with my spouse or my spouse's estate in filing income or gift tax returns for any years for which I have not filed such returns and to consent to any gifts made by my spouse as being made one-half by me for gift tax purposes, even though such action subjects my assets to additional liabilities; 20. To prepare, sign and file federal, state and local income, gift or other tax and information returns of all kinds, claims for refunds, requests or extensions of time, petitions to the united States Tax Court or other courts regarding tax matters and any and all other tax related documents, including, without limitation, receipts, offers, waivers, consents (including, but not limited to, consents and agreements under Internal Revenue code (hereinafter IRC) section 2032A, or its successor), powers of attorney, and closing agreements; to exercise any elections I may have under federal, state and local tax laws; and generallY to act on my behalf in all tax matters of all kinds and for all periods before all persons representing the internal Revenue service and any other taxing authority, including receipt of confidential information and the posting of bonds. 21. To make gifts, unlimited in amount, as set forth below, either outright or in trust or, in the case of minors, in accordance with the Uniform Gifts to Minors Act and, for gifts made in trust, to execute a deed of trust for such purpose designating one or more persons, including my Attorney,in-Fact, as original or successor trus tees. This power includes the right to make ,additions to an existing trust and does not require my Attorney-in- Fact to treat the donees equally or proportionatelY and may entirely exclude one or more permissible donees. The pattern followed on the occasion of any such gift (or gifts) need not be followed on the occasion of any other gift (or gifts). The power to make gifts shall be limited to my brothers and sisters (whether by the whole or half blood), spouse, parents, grandparents and lineal descendants and any organization described in IRC section 501(C) (3). My Attorney-in-Fact and the donee of the gift shall be responsible as equity and justice may require to the extent that a gift made by my Attorney-in-Fact is inconsistent with the prudent planning of my estate or financial management of my property, or with my known or probable intent with respect to the disposition of my estate. The ability of my Attorney-in-Fact to make gifts of my property shall be limited by and shall only be made in conformity with my pre-nuptial agreement, if any such agreement exists. 22. To execute a deed of trust, designating one or more persons (including my Attorney-in,Fact) as original or successor trustee(s) and to transfer to the trust any or all property owned by me as my Attorney-in-Fact may decide. The income and principal of the trust may, but need not, be distributable to me or to the 4 guardian of my estate, or be applied for my benefit, and upon my death, any remaining principal or unexpended income of the trust may, but need not, be distributed to my estate. Furthermore, this trust or deed of trust may be amendable or revocable at any time by me or my Attorney'in-Fact, or the trust or deed of trust may be irrevocable by me or my Attorney'in-fact; 23. To add at any time, any or all of the property owned by me to any trust in existence for my benefit when this power was created. The income and principal of the trust may, but need not, be distributable to me or to the guardian of my estate or be applied for my benefit during my lifetime and upon my death any remaining principal and unexpended income of the trust may, but need not, be distributed to my estate; 24. To withdraw and receive the income or corpus of any trust over which I may have a right of withdrawal, and to request and receive the income or corpus of any trust with respect to which the trustee thereof has the discretionary power to make distributions to me or on my behalf, and to execute a receipt and release or a similar document for the property so received; 25. To interests in survivorship entireties; conveyor release any contingent or expectant property, marital property rights, and any rights of incident to a joint tenancy or a tenancy by the 26. To elect to take against the will and conveyances of my spouse after death; to disclaim any interest in property which I am required to disclaim as a result of such election; to retain any property which I have the right to elect to retain; to file petitions pertaining to the election, inCluding petitions to extend the time for electing, and peti tions for orders, decrees, and judgments; and to take all other necessary actions to effectuate the election; 27. To accept and acquire or release and disclaim on my behalf any interest in property acquired by intestate, testate or inter vivos transfer, including the release or disclaimer, or acquisition of any interest in property through the exercise or surrender of any right to revoke a revocable trust; 28. To continue any fiduciary positions to which I have been or may be appointed including (but not limited to) personal representative, trustee, guardian, Attorney-in'Fact, and officer or director of a corporation or political or governmental bOdy; and to resign such positions in which capacity I am presently serving or to which I may be appointed; 29. TO HAVE THE AUTHORITY TO GIVE CONSENT FOR, AND AUTHORIZE, SUCH MEDICAL AND SURGICAL PROCEDURES AND TREATMENT (INCLUDING LIFE- SUSTAINING TREATMENT), TO BE PERFORMED ON ME AND TO AUTHORIZE, 5 ARRANGE FOR, CONSENT TO, WAIVE AND TERMINATE ANY AND ALL MEDICAL AND SURGICAL PROCEDURES AND TREATMENT (INCLUDING LIFE-SUSTAINING TREATMENT) ON MY BEHALF, INCLUDING THE ADMINISTRATION OF DRUGS OR TO WITHHOLD SUCH CONSENT; PROVIDED THAT ANY LIVING WILL WHICH I MAY HAVE THEN IN EFFECT SHALL TAKE PRECEDENCE OVER THIS PROVISION; 30. To arrange for my entrance into and care at any hospital, nursing home, health center, convalescent home, retirement home, or similar personal care, sheltered care, intennediate care, or skilled nursing facility; and to pay all costs for my care as my Attorney-in-Fact, based on medical advice, detennines in good faith to be necessary and for my well'being; 31. To employ lawyers, investment counsel, accountants, physicians, dentists and other persons to render services to me or my estate and to pay the usual and reasonable fees and compensation of such persons for their services; and 32. To the extent not otherwise effectively provided in the introductory paragraph of this Power of Attorney, to appoint and substitute under himself and themselves, one or more substitute or successor attorneys'in-fact for any or all the purposes herein described, pursuant to Pennsylvania Consolidated Statutes Title 20, Section 5602 (b) (3) or the corresponding provision of any subsequent state law. Accordingly, A. Except as my Attorney-in-Fact may waive any fees, my Attorney-in-Fact shall be entitled to receive for services actually perfonned hereunder his nonnal and custcmary charge for perfonning similar services during the time the services are perfonned. , B. This Power of Attorney may be accepted and relied upon by anyone to whom it is presented until such person either receives written notice of revocation by me or has actual knowledge of my death or the revocation of this Power of Attorney. C. All actions of my Attorney-in-Fact pursuant to this Power of Attorney during my absence or any period of my disability or incapacity shall have the same effect and inure to the benefit of and shall bind me, my heirs, distributees, legal representatives, successors and assigns, as if I were present, and competent and not disabled, and for the purpose of inducing anyone to act in accordance with the powers I have granted herein, I hereby represent, warrant and agree that, if this Power of Attorney is tenninated or amended for any reason, I and my heirs, distributees, legal representatives, successors and assigns will hold such party hannless for any loss suffered or liability incurred by such party while acting in accordance with this power of Attorney prior to that party's receipt of written notice of any such tennination or amendment. 6 D. I revoke all prior General or Durable powers of Attorney that I may have executed and I retain the right to revoke or amend this power of Attorney and to substitute other attorneys-in-fact in place of the Attorney-in-Fact appointed herein. Amendments to this Power of Attorney shall be made in writing by me personallY (not by my Attorney-in-Fact) and they shall be attached to the original of this power of Attorney. E. pursuant to Pennsylvania Consolidated Statutes Title 20, section 5604 (c) (2) or the corresponding provision of any subsequent state law, if incapacity proceedings for my estate or my person are hereafter commenced, I hereby nominate, constitute and appoint the above-described Attorney-in-Fact as the guardian of my estate and my person. If and in the event that my Attorney-in-Fact predeceases me, or does not complete the duties of my true and lawful Attorney-in-Fact, then and in such event, I hereby nominate, constitute and appoint the above-described Successor Attorney(s)- in-Fact as the guardian of my estate and my person. F. I understand that this power of Attorney is an important legal document. Before executing this document, my attorney-at-law explained to me the following: (1) This document provides my Attorney-in-Fact with broad powers to dispose of, sell, convey and encumber my real and personal property; (2) The powers granted in this power of Attorney will become effective upon the execution of this document and will exist for an indefinite period of time unless I limit their duration by the terms of this Power or revoke this power. These powers will continue to exist notwithstanding my subsequent disability or incapacity; and (3) I have the right to revoke or terminate this power at any time. G. Questions pertaining to the validity, construction and powers created under this power of Attorney shall be determined in accordance with the laws of the Commonwealth of pennsylvania. Where herein used, the plural shall include the singular, and the singular shall include the plural. IN WITNESS WHEREOF, and intending to be legally bou_n~herebY, I have signed this Durable power of Attorney, this ~ day of ~"f' P-, , 1995. o~~~ r: 7'l'~?r '->--(SEAL) J,QHl'f C. MARTIN 11-" 7 r 'r\'f: S1\tl\\fF '~:~:;' s" ~'i~( r 'i" ,'.. J. PI:.Ill'\{;:L' !,illA R "l"'-'.. ~.' ',~ ~~( G..,\, '-'; , RI :.,. " .l-=.; '96 JUlI13 P3 :112 CI:/ CUlT.: ",l j)'\ I II' !il . ~ ~i u al ~~~ . l:l< 01 .., ~ ~ to CIl ~ .., ~ '.-I z~~ u I~~ ~ z 8- u. ~ ~tO O~ 0 ... uI ~Il<&J zu ~~ ~ ~ Ul u 6 ~,!:i w 0 8 ~E 0 ~ ~l ~~ffi~ u: CIl ~~~ u. CIl ~ ~ ~ . Q) ~8 Il< ~ ~~ ~ u.-t c:: :~ ~ H s~ iil ~~~ ~~~ ri CIl ~ ~ij& ~I~~ ~ ~ ~~I ~ " " ~ 13~ " . ~ ~ " ~ ~ . .' , .' ~ ." , .. ," I_V , , . '-n,1V . u~.Il1.1.,.: H;luw , . IN RE: JOHN C. MARTIN, an alleged incapacitated person IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. ...1l=9lr L.[J 1.. TO: JOHN C. MARTIN IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with this Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your rights will be affected, including your right to manage money and property and to make decisions. A copy of the petition which has been filed by Kevin J. Martin is attached. You are hereby ordered to appear at a hearing to be held in Courtroom No. ~of the Cumberland County Courthouse ~~,,~c~arlisle, Pennsylvania, commencing at 11-:.QQ 0' clock A.m., on ~ay, the l(H\ day of A Ill, "Sf ' 1996, 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 decis ions 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 if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation be conducted 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 IN RE: JOHN C. MARTIN, an alleged incapacitated person IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : No. ^ '-=..9.V - 4 -, L PRELIMINARY DECREE AND NOW, this I <, It, day of 1996, upon J.ulc... consideration of the attached Petition, it is ordered that a Citation is awarded and directed to John C. Martin, to show cause why he should not be adjudged an incapacitated person and have a guardian of his person and of his estate appointed, the hearing .. thereon to be held in Court Room No. ~ of the Cumberland County Courthouse in Carlisle, Pennsylvania, ccmmencing at ~ o'clock ~.m. on hod:> 1 ,the 'i t-l. day of ~ "J~ ~t- ,1996. At least twenty (20) days notice of the hearing shall be given to John C. Martin, the alleged incapacitated person, by personal service of a copy of the Petition and Citation and by service of notice upon the presumptive heirs who are sui juris, personally or by registered mail. By the Court, , , J. IN RE: JOHN C. MARTIN, an alleged incapacitated person IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. PETITION FOR ADJUDICATION OF INCAPACITATED PERSON AND FOR APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON OF THE ALLEGED INCAPACITATED PERSON AND NOW, comes the Petitioner, KEVIN J. MARTIN. by and through the undersigned counsel, and represents and avers as follows: 1. Petitioner, Kevin J. Martin. is an adult individual who resides at 61 Valley Road. Jackson, New Jersey 08527, and he is the son of John C. Martin. the alleged incapacitated person. 2. John C. Martin, the alleged incapacitated person, was born on February 7, 1923, and is now 73 years of age. 3. John C. Martin is married to Virginia F. Martin, who now resides at Camp Hill Care Center. 46 Erford Road, Camp Hill. Cumberland County, Pennsylvania. John C. Martin'S parents are both deceased. 4. John C. Martin resides in a private dwelling owned by Petitioner and located at 1927 Enfield Street, Camp Hill. Cumberland County, Pennsylvania. John C. Martin has resided in Cumberland County for a periOd in excess of one (1) year prior to the filing of this petition, and he intends to remain in Cumberland County for the indefinite future. 5. Petitioner and Virginia F. Martin are the only living presumptive adult heirs of John C. Martin. 6. To the extent known by petitioner, the estate of John C. Martin consists of the fOllowing assets: (A) A Mortgage Note dated April 29, 1996, in the face amount of $93,000.00 and secured by a Mortgage of even date on the real property located at 1927 Enfield Street, Camp Hill, Cumberland County, Pennsylvania. The Mortgage Note was made by petitioner and his spouse, Heidi K. Martin, as obligors, in favor of John C. Martin and Virginia F. Martin, as obligees. (B) A checking account at PNC Bank with a current balance of approximately $47,500.00. (C) Miscellaneous personal property and clothing having an approximate fair market value of $1,000.00. 7. To the extent known by Petitioner, John C. Martin's income consists of the fOllowing: (A) A Social Security benefit in the amount of $955.00 per month. (B) A private retirement benefit in the amount of $485.00 per month. 8. The foregoing statements of John C. Martin's assets and income are approximations. A formal Inventory will be filed with the Court within three months of the date of the appointment of a guardian, in accordance with 20 Pa.C.S. ~5142 and ~5521(b). 2 9. John C. Martin was a member of the United States Armed Forces and is receiving benefits from the United States Veterans Administration. 10. On March 8, 1996, John C. Martin was examined by Paul A. KettI, M.D. and Anne V. Dall, M,D., who are an associate professor and resident psychiatrist, respectively, at the Milton S. Hershey Medical Center, Department of psychiatry. A copy of the examination report is attached hereto as Exhibit "A". 11. John C. Martin suffers from Alzheimer'S type dementia with progressive deterioration. specifically, he exhibits deficits in short - term memory and orienta tion to time and place. Mr. Martin's dementia prevents him from fully understanding the significance of his actions and the actions of others around him. 12. Because of his mental condition, John C. Martin I s ability to receive and evaluate information effectively and conununicate decisions in a meaningful way is impaired to such a significant extent that he is totally unable to manage his financial resources and to meet essential requirements for his physical health and safety. 13. Because of his mental condition, John C. Martin lacks sufficient capacity to make and conununicate responsible decisions concerning his financial affairs and his personal physical health and safety. 14. petitioner is the proposed plenary guardian of the estate and person of John C. Martin. petitioner is a professional truck 3 dri ver and is a ci tizen of the Uni ted States. petitioner can speak, read and write the English language. 15. The proposed guardian has no interests adverse to the interests of John C. Martin. 16. Attached hereto as Exhibit "B" is the written consent of virginia F. Martin to petitioner's appointment as plenary guardian of the estate and person of John C. Martin. 17. No other court has assumed jurisdiction in any proceeding to determine the incapacity of John C. Martin, and no guardian has been appointed for either his estate or person. 18. John C. Martin has signed a Durable General Power of Attorney dated August 5, 1995, naming Petitioner as his attorney- in-fact and nominating Petitioner as the guardian of his estate and person. A copy of the power of attorney is attached hereto as Exhibit "C". 19. John C. Martin has not signed or implemented any trust arrangements for the management of his resources, and consequently, no trustee has the legal authority to manage his financial resources. 4 WHEREFORE, petitioner respectfully requests that this Court award a citation directed to John C. Martin, the alleged incapacitated person, with notice thereof to be given to such other persons as this Court may direct, to show cause why he should not be adjudged an incapacitated person and why Petitioner should not be appointed plenary guardian of his estate and person. Respectfully submitted, GATES & ASSOCIATES, P.C. BY: E. Halbruner Ct. roll 66737 1013 Mumma Road, suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for petitioner) Dated: 6-IJ , 1996 5 03~15-1996 01'35PM 908 9CS 9899 P. 03 THE MILTON S. HERSHE:Y MEDICAL CENTER DEPARTMENT OF PSYCHIATRY I pAYC!1OGIIRI",rIlIC BVAL,",TI01't :.. JORM MARTIN i DOIIl 03/08/96 DOB. 02/07/23 IDENTIFYING DATA This ie a 13-year-oldl married man who lives in camp Hill, Pennsylvania, alone. Hia ~ife is currant.ly In a nursing home aeter having a stroke. Ha is referred tpr evaluation by hid Gon am\ Dr. Larry Zimmerman. gJI BY COMPLAINT ; "I don't Imow _ My son arranged thid and I had no idea why he did it.' I HI&~R'" OF' pRESIlNTING PROm!EMS I The patient's son apparently began I,oticing llhort-tOJ:lll memory difficulti.~ in his rather!when tha patient undarvent eurgery in the summer of 1995. Thg patient had a diagnosis of rectal carcinoma tor Which he undervent surgery with a colostomy for a period of time. At about tha same time, the patient'S wife'. :healeh was worsening significantly and a homa health aide was bired to assist with her activities of daily living. The patient'S wife has since been hospitalized and admitted to a nursing home. However, the home health aj;de bas continued to come to the heme in order to help the patient with hie activ1tie~ of dai1r living. specitically, Mr. HArt!n forgete to cake his ;l11odication", at t meB forogetB if be has eaten, ae well as what he haa eaten. He forgets to feed hia dog and although he dresses himself, will at timas wear the same clothing for several days in a row if he is not cued othc~ise. The patient himself denies any difficulty with memory. Rllcher, the problC1l\S have been noticed by hie son and the home health aide. He freqqently calls people repeatedly, forgeccing that they had jusC spoken. Another alarming incident occurred when tbe patient attempted to drive to ace his wife. He became confused as to where he was going and ended up driving!in the wrong direction down Pront lltrest in Harrisburg. Mr. Martin was seen 1n Augu~t of 1995 by Dr. Lawrence Zimmerman. At chat time, a Mini-Mentel Status Bxam was performad and the patient scored 2' out of 30, losing three points on three object recall. A diagnosis of early A1Eheimer'. .as ~d9. Mr. Martin denies any: mood changes, and these are not reported by others. Hg alGO denies hallucinations in any senses and has not been seen responding co internal sti~li. His appetite hGs been stable and he has not bad any sleep diaturbance. He statss tbat his energy and interest are adequate, although he spend. his daya watching TV, reading and doing Cr035WOrd puzzles. He denies nny passive o~ active suicidal ideation. I PAST HISTORY Family Hietory The paeient deni8Q any family hiotory of dementia or other psychiaeric problems. His Mothar diedi1n 1940 of a stroke and his father died in 1954. He 1s unsure oE the cause of hin father'S death, but feels it may have been a stroke ae well. .~;-;!;f ~\ '-:"l;...l.!~;' ...-~:..:;1~ ~,' . ~,.t: I \I _,. .)..\~, -="! '. I ,.' .. ',.'. -',,:ott.. 1,.~..~t\"~""'\r""\""'J"rl~-"""'~~"l~"-":~ t ;ti'. .lot!; ~"'~\i~'~' ~"1' .; ,.....:t:!.::: ~lr.ii",;':', .. . ;~~'''''-::'';_l 03-15-1996 01:35PM 908 905 9899 P. 04 ReI John Kanin :I Parsonal History . The patient is originally from Long I "lan<l , N'l. lie had lived. thore WltU bis late 408, wen hiG jOb nocellsitatod hi. moving to Calli' lIill. lie is an only cbild and descripes his childhood a. ha~ and bis parents .. "vory devoted.- His tather1wad a bookbinder and h1s mother a hoMemaker. He de.cribes doing 'fair" ill school end has . high sohool education. After high school, he began working tor the companr by which he was employod lIlOdt of his life. Se eerved in tbe armed force" D Korld war II, although he was not involved in combat. He began dating bis wife whom ha bad Imown since cbildhood shortly after hi.. return frolll the war. They were married two ye..r" later and have beon married for 48 yearll. lie describes the marriage as good; with no major conflicts. The couple have one son, Xevin, who live" in New Jerse.y. . . Mr. Martin currently describes drinking an occa.ional alcoholio drink. socially, and states that when he was in hi" late teen. he drank -a lot of beer" but: denieD any probleino stenrning frDGl this. He naked in tho paDt, but quit 25 years ago. ! Medical History . The patient has no kndwn drug allergies. ne currently takos Micronasft 2.5 mg po q day for non-insulin dependent diabetes mellitus. He underwent partial resection of his lal':ge bowel in 1995 for rectsl carcinotNl. He states that he had an appendectomy ae a cbild, but i" unaware of any other surgeries or other medical problellllS. , llENTl\L S'l'A'nIS RXlIMINATI08 Tho padent was cooperative with the evaluation althoUgl:J he repoatecUy questioned the need for thelevaluation. "e aleo repeated statements several tiJ1les throughout the interview, not rem&llberlug tbat he had said these thinge before. "iD affect was bright with periods of irritation. "e denied ouicidal or homicidal ideation. He demonstrated good eye contact. His epeech was clear, coher~t and goal-directed end he described hi. mood 45 'good.- He did appoar, kt time~, inappropriately unconcerned regarding bis wife's health and nursi~g home placemont. He showed no unusual tics, tremors Dr mannerisms. He denied hallucinatione in any senses and ebowed no evidence of delusi0D81 iaeation. "e showed no flight of ideas Dr loose associations. He denied obsessions, compulsions and phobias. The patient scored 24 out of 30 in the Mini-Kental Statue sxamination. He loet two points on orientation to tiMe, one point on orientation to plsce, and three points on three object recall. DIAGNOSTIC F'ORMtJLATION This is a 73-year-old ;m&n who presents with deficits in short-term memory over about a one-yeat period oC time. Ilis Mini-Mentel Status Bxamination "core has decr~sed fro~ 27 to 24 in about a six-month period, indicating progressive deterioration. Uo appears distreesed about the lose of his independence, and lacks insight into his memory defioits. I ! I DIAGNOSTIq IMPRBSSION Axis I Demcn~ia - Alzheimer'. type. Axis II , No diagnosie. DURABLE GENERAL POWER OF ATTORNEY I, JOHN C. MARTIN, now of 1927 Enfield Street, Camp Hill, a resident of Cumberland County, pennsylvania 17011, appoint my son, KEVIN J. MARTIN, as my Attorney-in-Fact with all the rights and duties hereinafter stated. KEVIN J. MARTIN is referred to as "my Attorney-in'Fact" in this document. If and in the event that my son, KEVIN J. MARTIN, predeceases me or does not complete the duties of my true and lawful Attorney- in-Fact, then and in such event, I hereby make, constitute and appoint my daughter-in-law, HEIDI K. MARTIN, as my Successor Attorney-in'Fact with all the rights and duties hereinafter stated. I intend to create a Durable Power of Attorney pursuant to 20 Pa. C. S. Section 5604 (or the corresponding provision of any sub quent tat law) . The effective date of this Power is \1 ,1995. It is my express intent and direction that t 's Power of Attorney and the authority and powers hereby conferred shall not be affected by my subsequent disability, incapacity or incompetency, or the adjudication thereof, or later uncertainty as to whether I am dead or alive, and shall be fully exercisable notwithstanding the same. My Attorney-in-Fact is hereby given the fullest possible powers to act on my behalf, with the same powers, for all purposes, and with the same validity as I could, if personally present. Without limiting the general powers hereby already conferred, my Attorney-in-Fact shall have the following specific powers, including, but not limited to: 1. To collect and receive any money and assets to which I may be entitled; to deposit cash and checks in any of my accounts; to endorse for deposit, transfer or collection, in my name and for my account any checks payable to my order; to draw and sign checks for me and in my name, inCluding any accounts opened by such Attorney-in-Fact in my name at any bank, savings society, money market fund or elsewhere; to receive and apply the proceeds of such checks as my Attorney-in-Fact deems best; and to close accounts. 2. To take all lawful steps to recover, collect and receive any amounts of money now or hereafter owing or payable to me; and to compromise and execute releases or other sufficient discharges for such amounts; 3. To make loans, secured or unsecured, in such amounts, upon such terms, with or without interest and to such firms, corporations, and persons as my Attorney-in-Fact deems appropriate; 4. To institute, prosecute, defend, compromise, or otherwise dispose of (and to appear for me in any proceedings before any tribunal for the enforcement or for the defense of) any claim, either alone or in conjunction with other persons, relating to me or to any property of mine or any other persons; to obtain, discharge and substitute counsel and to authorize appearance of such counsel to be entered for me in any such action or proceeding; and to compromise or arbi trate any claim in which I may be interested and for that purpose to enter into agreement or compromise or arbitration and perform or enforce any award entered pursuant to such arbitration; 5. To lease, sublet, sell. release, hire professional managers. conveyor mortgage any real property owned by me (including my residence) or in which I have an interest now or in the future. upon such terms and conditions and under such covenants as my Attorney'in'Fact shall determine, including the sale of my real estate and to sign, execute and deliver deeds and conveyances therefor; 6. To purchase or otherwise acquire any interest in and possession of real property and to accept all deeds for such property on my behalf; and to manage, repair. improve, maintain, restore, build, or develop any real property in which I now have or may have an interest in the future; 7. To execute, deliver and acknowledge deeds. deeds of trust, covenants, indentures, agreements, mortgages, hypothecations, bills of lading, bills, bonds, notes. receipts. evidences of debts, releases and satisfactions of mortgage, judgments, ground rents and other debts; 8. To collect, compromise. endorse. borrow against. hypothecate, release and recover any promissory note receivable. whether secured or unsecured, and any related deed of trust; 9. To buy, purchase. sell, repair, alter, manage and dispose of personal property of every kind and nature at private or public sale and to sign, execute and deliver assignments and bills of sale therefor; 10. To enter my safe deposit boxes and to open new safe deposit boxes; to add to and to remove any of the contents of any such safe deposit boxes; and to close any of such boxes; 11. To borrow money for my account on whatever terms and conditions deemed advisable. including borrowing money on any insurance POlicies issued on my life for any purpose without any obligation on the part of such insurance company to determine the purpose for such loan or application of the proceeds, and to pledge, assign and deliver the POlicies as security; 12. To apply for and to receive any government, insurance and retirement benefits to which I may be entitled and to exercise any right to elect benefits or payment options; to terminate such 2 benefits; to change beneficiaries or ownership of such benefits; and to assign rights or receive cash value in return for the surrender of any or all rights I may have in life insurance policies or benefits, annuity policies, plans of benefitB, mutual fund and other dividend investment plans and retirement, profit. sharing and employee welfare plans and benefits; 13. To take custodY of any stocks, bonds and other investments of all kinds, to give orders for the sale, surrender or exchange of any such investments and to receive the proceeds therefrom; to sign and deliver assignments, stock and bond powers and other documents required for any such sale, assignment, surrender or exchange; to give orders for the purchase of stocks, bonds and other investments of any kind; to give instructions as to the registration thereof and the mailing of dividends and interest therefrom; and to deposit coupons attached to any coupon bonds, whether now owned by me or hereafter acquired; 14. To purchase for me united States of America TreaSUry Bonds of the kind which are redeemable at par in payment of federal estate taxes; to borrow money and obtain credit in my name from any source for such purpose; to make, execute, endorse and deliver promiSSOry notes, drafts, agreements or other obligations for such bonds and, as security therefor, to pledge, mortgage and assign any stocks, bonds, securities, insurance values and other properties, real or personal, in which I may have an interest; and to arrange for the safekeeping and custodY of any such TreaSUry Bonds; 15. To open or maintain accounts with stockbrokers (on cash or on margin); and to buy, sell, endorse, transfer, hypothecate and borrow against any shares of stock, bonds or other securities; 16. To vote at all meetings of shareholders (whether general, regular or special) of any corporation whose shares I own, on any questions which may arise at any such meeting, and to do everything respecting such shares of stock, inCluding the calling of meetings of directors or stockholders or making and giving consents and ratifications, and any other act which I could do if personallY present, intending hereby to confer upon my Attorney-in-Fact full power and authority to do (with reference to such shares of stock) everything which I might or could do as owner of such shares; 17. To continue the operation of any business belonging to me or in which I have a substantial interest, in such manner as my Attorney-in-Fact may deem advisable or to sell, liquidate or incorporate any business (or interest therein) on such terms as my Attorney-in-Fact may deem advisable and in my best interests; 18. To procure, change, carry or cancel insurance of such kind and in such amounts as my Attorney-in-Fact deems advisable to protect from risks affecting property or persons due to liability, damage or a claim of any sort; to claim any benefits or proceeds on 3 my behalf; and to purchase medical insurance for any dependent of mine; 19. To join with my spouse or my spouse's estate in filing income or gift tax returns for any years for which I have not filed such returns and to consent to any gifts made by my spouse as being made one-half by me for gift tax purposes, even though such action subjects my assets to additional liabilities; 20. To prepare, sign and file federal, state and local income, gift or other tax and information returns of all kinds, claims for refunds, requests or extensions of time, petitions to the United States Tax Court or other courts regarding tax matters and any and all other tax related documents, including, without limitation, receipts, offers, waivers, consents (including, but not limited to, consents and agreements under Internal Revenue Code (hereinafter IRC) Section 2032A, or its successor), powers of attorney, and closing agreements; to exercise any elections I may have under federal, state and local tax laws; and generally to act on my behalf in all tax matters of all kinds and for all periods before all persons representing the internal Revenue Service and any other taxing authority, including receipt of confidential information and the posting of bonds. 21. To make gifts, unlimited in amount, as set forth below, either outright or in trust or, in the case of minors, in accordance with the Uniform Gifts to Minors Act and, for gifts made in trust, to execute a deed of trust for such purpose designating one or more persons, including my Attorney-in-Fact, as original or successor trustees. This power includes the right to make additions to an existing trust and does not require my Attorney-in- Fact to treat the donees equally or proportionately and may entirely exclude one or more permissible donees. The pattern followed on the occasion of any such gift (or gifts) need not be followed on the occasion of any other gift (or gifts). The power to make gifts shall be limited to my brothers and sisters (whether by the whole or half blood), spouse, parents, grandparents and lineal descendants and any organization described in IRC Section SOl(c) (3). My Attorney-in-Fact and the donee of the gift shall be responsible as equity and justice may require to the extent that a gift made by my Attorney-in-Fact is inconsistent with the prudent planning of my estate or financial management of my property, or with my known or probable intent with respect to the disposition of my estate. The ability of my Attorney-in-Fact to make gifts of my property shall be limited by and shall only be made in conformity with my pre-nuptial agreement, if any such agreement exists. 22. To execute a deed of trust, designating one or more persons (including my Attorney-in-Fact) as original or successor trustee(s) and to transfer to the trust any or all property owned by me as my Attorney-in-Fact may decide. The income and principal of the trust may, but need not, be distributable to me or to the 4 guardian of my estate, or be applied for my benefit, and upon my death, any remaining principal or unexpended income of the trust may, but need not, be distributed to my estate. Furthermore, this trust or deed of trust may be amendable or revocable at any time by me or my Attorney-in-Fact, or the trust or deed of trust may be irrevocable by me or my Attorney-in-fact; 23. To add at any time, any or all of the property owned by me to any trust in existence for my benefit when this power was created. The income and principal of the trust may, but need not, be distributable to me or to the guardian of my estate or be applied for my benefit during my lifetime and upon my death any remaining principal and unexpended income of the trust may, but need not, be distributed to my estate; 24. To withdraw and receive the income or corpus of any trust over which I may have a right of withdrawal, and to request and receive the income or corpus of any trust with respect to which the trustee thereof has the discretionary power to make distributions to me or on my behalf, and to execute a receipt and release or a similar document for the property so received; 25. To interests in survivorship entireties; conveyor release any contingent or expectant property, marital property rights, and any rights of incident to a joint tenancy or a tenancy by the 26. To elect to take against the will and conveyances of my spouse after death; to disclaim any interest in property which I am required to disclaim as a result of such election; to retain any property which I have the right to elect to retain; to file petitions pertaining to the election, including petitions to extend the time for electing, and petitions for orders, decrees, and jUdgments; and to take all other necessary actions to effectuate the election; 27. To accept and acquire or release and disclaim on my behalf any interest in property acquired by intestate, testate or inter vivos transfer, including the release or disclaimer, or acquisition of any interest in property through the exercise or surrender of any right to revoke a revocable trust; 28. To continue any fiduciary positions to which I have been or may be appointed including (but not limited to) personal representative, trustee, guardian, Attorney-in-Fact, and officer or director of a corporation or political or governmental body; and to resign such positions in which capacity I am presently serving or to which I may be appointed; 29. TO HAVE THE AUTHORITY TO GIVE CONSENT FOR, AND AUTHORIZE, SUCH MEDICAL AND SURGICAL PROCEDURES AND TREATMENT (INCLUDING LIFE- SUSTAINING TREATMENT), TO BE PERFORMED ON ME AND TO AUTHORIZE, 5 ARRANGE FOR, CONSENT TO, WAIVE AND TERMINATE ANY AND ALL MEDICAL AND SURGICAL PROCEDURES AND TREATMENT (INCLUDING LIFE-SUSTAINING TREATMENT) ON MY BEHALF, INCLUDING THE ADMINISTRATION OF DRUGS OR TO WITHHOLD SUCH CONSENT; PROVIDED THAT ANY LIVING WILL WHICH I MAY HAVE THEN IN EFFECT SHALL TAKE PRECEDENCE OVER THIS PROVISION; 30. To arrange for my entrance into and care at any hospital, nursing home, health center, convalescent home, retirement home, or similar personal care, sheltered care, intermediate care, or skilled nursing facility; and to pay all costs for my care as my Attorney-in-Fact, based on medical advice, determines in good faith to be necessary and for my well-being; 31. To employ lawyers, investment counsel, accountants, physicians, dentists and other persons to render services to me or my estate and to pay the usual and reasonable fees and compensation of such persons for their services; and 32. To the extent not otherwise effectively provided in the introductory paragraph of this Power of Attorney, to appoint and substitute under himself and themselves, one or more substitute or successor attorneys-in-fact for any or all the purposes herein described, pursuant to Pennsylvania Consolidated Statutes Title 20, Section 5602 (b) (3) or the corresponding provision of any subsequent state law. Accordingly, A. Except as my Attorney.in-Fact may waive any fees, my Attorney-in-Fact shall be entitled to receive for services actually performed hereunder his normal and customary charge for performing similar services during the time the services are performed. B. This Power of Attorney may be accepted and relied upon by anyone to whom it is presented unti'. such person either receives written notice of revocation by me or has actual knowledge of my death or the revocation of this Power of Attorney. C. All actions of my Attorney-in-Fact pursuant to this Power of Attorney during my absence or any period of my disability or incapacity shall have the same effect and inure to the benefit of and shall bind me, my heirs, distributees, legal representatives, successors and assigns, as if I were present, and competent and not disabled, and for the purpose of inducing anyone to act in accordance with the powers I have granted herein, I hereby represent, warrant and agree that, if this Power of Attorney is terminated or amended for any reason, I and my heirs, distributees, legal representatives, successors and assigns will hold such party harmless for any loss suffered or liability incurred by such party while acting in accordance with this Power of Attorney prior to that party's receipt of written notice of any such termination or amendment. 6 . . . . , . D. I revoke all prior General or Durable Powers of Attorney that I may have executed and I retain the right to revoke or amend this Power of Attorney and to substitute other attorneys-in-fact in place of the Attorney-in'Fact appointed herein. Amendments to this Power of Attorney shall be made in writing by me personally (not by my Attorney.in-Fact) and they shall be attached to the original of this Power of Attorney. E. Pursuant to Pennsylvania Consolidated Statutes Title 20, Section 5604 (c) (2) or the corresponding provision of any subsequent state law, if incapacity proceedings for my estate or my person are hereafter commenced, I hereby nominate, constitute and appoint the above-described Attorney-in-Fact as the guardian of my estate and my person. If and in the event that my Attorney-in-Fact predeceases me, or does not complete the duties of my true and lawful Attorney-in-Fact, then and in such event, I hereby nominate, constitute and appoint the above-described Successor Attorney(s) - in-Fact as the guardian of my estate and my person. F. I understand that this Power of Attorney is an important legal document. Before executing this document, my attorney-at-law explained to me the fOllowing: (1) This document provides my Attorney-in-Fact with broad powers to dispose of, sell, convey and encumber my real and personal property; (2) The powers granted in this Power of Attorney will become effective upon the execution of this document and will exist for an indefinite period of time unless I limit their duration by the terms of this Power or revoke this Power. These powers will continue to exist notwithstanding my subsequent disability or incapacity; and (3) I have the right to revoke or terminate this Power at any time. G. Questions pertaining to the validity, construction and powers created under this Power of Attorney shall be determined in accordance with the laws of the Commonwealth of pennsylvania. Where herein used, the plural shall include the singUlar, and the singUlar shall include the plural. IN WITNESS WHEREOF, and intending to be legally bo\~hereby, I have signed this Durable Power of Attorney, this ~ ' day of 4-V'.i:::, , 1995. /'7-./ (?'"J-;?4 -:;r '/-~ . r'r,/ ""-(SEAL) ~ C. MARTIN 1./ 7 r OfFIGr or T1!~ 'i1l~:qIFF rl''': . "' \" t J~"' '13 ~ S'~ll~ ~ C/.,:,'. ,.t PEHlh n.VArllA Rce .: n. ;:.:f /', '9G ,JIJII 13 P 3 :tll Ck Cur, .. 11 __I. I I.~'\ , ~ ~i : ~ I: I u . =- :5 al - ~ ... lIJ i III ~ ... ~es 'M ~ ~ ~I i u. ~ U 0 Z H a u1 ~"'Ul en U 5 -Ill uZ '" w 0 8 -s i:ju II ~~ ~ !:! ~ H'~ u. II) ~~ u. II) ~ ~ ~ ~1 0< !i~ ~ ~ ~~ ~ ;= I ~ .Qj ~~ u~ S ~ III II) ~ 1-1 in:! ~ .. .. ., Iii a " i:j~i~ " ~ fi ~ ... Z !! H . !'. ' . . . . . IN REI JOHN C, MARTIN ALLEGED INCAPACITATED PERSON I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-96-472 ORDER OF COURT AND NOW, this 14th day of June, 1996, George A, Vaughn, III, Esquire, is appointed to represent the allegedly incapacitated person, John C. Martin, in this matter. BY THE COURT, Cb( J. Wesley 0 :'." \ "',:' ....-.1 ...j , ! [ I 1 \ : I I : , ' , . ! Lowell R. Gates, Esq, - Il,\AILGI) J"t.oJ&. \'-I-.IC)C,U 1013 Mumma Road, Lemoyne, PA 17043 Attorney for Petitioner George A. Vaughn, III, Esq.- 1'Y\r'\ lLE:\) :::r~LnE l ~.lc,qLP. 3904 Trindle Road Camp Hill, PA 17011 Court Appointed Attorney for John C, Martin :js Vd . 'J:' t.. ,"";IJJn:) IJf,",) ,Jol:J 9(: (d lit mr 96. S;'t,l, '::. .f", '~JtI 10' "'''''':081:1 ~~~c?jah IH9(J ()/II'/Ill11dm/l'ellrs "IM/II;slr.!' Il'il/) OId/'r ,Idllll.\' IW(J June 2l, 199b Attorney Mark Halbruner l013 Mumma Road, Suite 100 Lemoyne, PA l7043 RE: John Martin Dear Attorney Hal bruner, John Martin is a 73-year-old patient of mine who has senile dementia of the Alzheimer's type. He has impaired short term memory which is progressively worsening and his recent behavior has been increasingly disruptive and dangerous. He has demonstrated that he has no insight into his problem demonstrated by the fact that he continues to drive despite his license being revoked. It is my opinion that Mr. Martin is incapable of managing his personal affairs and should have 24 hour supervision to assist in his activities of daily living. 1 appreciate being able to help in this manner as I will be on vacation next week and unable to attend Mr. Martin's hearing. If I can be of any further help, please do not hesitate to contact me. Sincerely, ~~~vn() Lawrence B. Zimmerman, M.D. ba Exhlbll p- I C-"i..')-% (.'",,1111//;/111 ClIn' 1Il'/;n'lIu'//1 Sf'n'/fl'.1 100 M1.AllEN DRIVE . po BOX 1015 . MECHAN1CIBURG.PA I10I\-l011 . PHONE t1111.'1.~66. . fAX 1111) 190.8100 ;l PEnnONEM'S I'. , E~~lT '/...,.. .. , IN RE: JOHN C. MARTIN, an alleged incapacitated person IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-96-472 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND "/:JI Be it known, that on the.~ day of //',1(:, , 1996, before me, the subscriber, a Notary Public, personally appeared CRAIG A. HATCH, who, being duly sworn according to law, did depose and state as follows: 1. I am an adult individual now residing at 1074 Lancaster Blvd., Apt. #13, Mechanicsburg, cumberland County, pennsylvania. 2. On June 20, 1996, I personally served John C. Martin with true and correct copies of the following: a. Peti tion for Appointment of Emergency Guardian of the Estate and person of an Alleged Incapacitated Person, and Citation with Notice scheduling a hearing on said petition for June 25, 1996; and b. petition for Adjudication of Incapacitated Person and for Appointment of Plenary Guardian of the Estate and Person of the Alleged Incapacitated Person, and citation with Notice scheduling a hearing on said petition for August 9, 1996. 3. I served said documents by hand delivery to John C. Martin at 1927 Enfield Street, Camp Hill, Cumberland County, pennsylvania. 4. To the maximum extent possible, I explained the contents and terms of said petitions and citations to John C. Martin. I SWORN TO AND day of .-il""-.- JjJt SUBSCRIBED before me, a Notary public, this____ , 1996. J ;;/({'!/ )( thh c. ./ Notary ublic My commission Expires: Nolarial Seal SI3COY L. Nace, NOlary Publ'c Formanagh Twp.. Jur>i:l1n Counly My CommISSion E WpHOS Ocl Hi, 19!?9 "'rll\t)l~r rt'nn~'il'; Pii,l A::,s"041liOn 01 NOI"rieS ~i . ~ u al . ll. :5 .... . ~ <ll !j CI) ~ ~i~ .... ~ TJ a ~ u. ~ ~"'~ 0 I'~ III U uI en S ~~~ w 0 ~ 0 u: CI) ~ 1 H u. CI) ~ ~8~~ . Qj ~ ~~ ~ 8~~~ Ur-il: ~~ ~'ia Q ~ ci ~ I~ ..5lliia CI) ~ 5 ~ r;a '" ~~o~ i::l 5 ~ l'! ~ ~ . .. . . SHERIFF'S RETURN - NOT FOUND CASE NO: 2196-00472 0 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND IN RE JOHN C MARTIN VS. MARTIN JOHN C R. Thomas Kline . Sheriff, who to law, says, that he made a diligent search named defendant, to wit: MARTIN JOHN C but was unable to locate Him in his bailiwick. being duly sworn according and inquiry for the within He therefore returns the CITATION WITH NOTICE. PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN OF THE ESTATE. PERSON OF AN ALLEGED INCAPACITATED PERSON NOT SERVED . as to the within named defendant MARTIN JOHN C RETURN TO ATTORNEY PER INSTRUCTIONS. MR. MARTIN WAS SERVED ON 6/20/96. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 .00 .00 2.00 So answ",rlS:' ;/ /./) ,/ ,/ ~<"';--?'/ / ,~_'-"";r-'-",''/- R. 'Thomas KIJ.ne, J /"~/' ~~ .. , '.fl 5 ~ J.ff 0, 11 ,iJll} ,-. ., . .. $20.00 LOWELL R GATES 06/21/1996 c, S N V1 Sworn and subscribed to before me this ~.'itA.. day of j,q'ru. 19 q{.., A.D. ::" -, , :&~ \D u> - S, N {) 1 ;J Ql . - O-"-,:.t LV-<- i:. ~~h s ~our~ -"., O;l";I^~i~~-'<7;r DiVISION L."..iJUiJ caUl/TV PE\:.SlL'iAIM IIr Crinm~Slo" ExpuGl The A,sl MOIlWY III JaR. Tm IN RE: JOHN C, MARTIN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-96-472 AND NOW, ORDER OF COURT this 2.'l> ilaay of June, 1996, following a telephone conference with Mark E. Halbruner, Esq., attorney for Petitioner, and George A. Vaughn, III, Esq., attorney for Respondent, the Order of Court dated June 25, 1996, is AMENDED, pursuant to an agreement of counsel (due to several recent developments giving rise to concern for Mr. Martin's well-being), to substitute the following for the portion of the Order permitting Mr. Martin to remain in his home: The guardian shall be under a continuing duty to use every effort to maintain personal contact between Mr. Martin and his wife. BY THE COURT, tl/~ esley Ole Mark E. Halbruner, Esq. 1013 Mumma Road, Lemoyne, PA 17043 Attorney for Petitioner George A. Vaughn, III, Esq. 3904 Trindle Road Camp Hill, PA 17011 Court Appointed Attorney for John C. Martin :rc 00 ~ ~':: \~I Ch , ,-;; ~ N G:> -J -... - :.-:.;.. -.J \,' " :0 ~.? l~ . ,. IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-472 JOHN C. MARTIN, an alleged incapacitated person : IN RE: PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN OF THE ESTATE AND PERSON OF AN ALLEGED INCAPACITATED PERSON BEFORE OLER. J. OPINION AND ORDER OF COURT OLER, J. At issue in the present case is whether John C. Martin should be adjudicated an incapacitated person on an emergency basis and, if so, whether Petitioner, his son, Kevin John Martin, should be appointed emergency plenary guardian of his person and his estate. A hearing was held in this matter on Tuesday, June 25, 1996, at which the allegedly incapacitated person was present and represented by his Court-Appointed Counsel, George A. Vaughn, III, Esquire, and the Petitioner, Kevin John Martin, was present and represented by his privately retained counsel, Mark Ilalbruner, Esquire. Based upon the evidence presented at the hearing, the following Findings of Fact, Discussion and Order of Court are made and entered: FINDINGS OF FACT I. The allegedly incapacitated person is John C. Martin, a domiciliary of Cumberland County, Pennsylvania, born February 7, 1923, and residing at 1927 Enfield Street, Camp Hill, Cumberland County, Pennsylvania. ,-. ~ 2. Petitioner is Kevin John Martin, the allegedly incapacitated person's son, aged 41, and residing at 61 Valley Road, Jackson, New Jersey; the petitioner is a lawn care specialist. 3. The allegedly incapacitated person has been represented in these proceedings by George A. Vaughn, III, Esquire, Court-Appointed Counsel, who appeared at the hearing on his behalf. 4. The allegedly incapacitated person suffers from senile dementia of the Alzheimer's type, which has impaired his short-term memory, and is of a progressive nature. However, at the present time, Mr. Martin's long-term memory appears to be excellent. 5. There is no indication at the present time that the aforesaid condition will reverse itself. 6. As a result of the aforesaid condition and the loss of short-term memory capacity, the allegedly incapacitated person is impaired with respect to his ability to receive and evaluate information effectively and to meet the essential requirements for his physical safety to an extent that the Court believes a plenary guardian on an emergency basis of his person and estate is necessary. 7. The duration of this guardianship is unknown at the present time, but because this particular guardianship is on an emergency basis, it may not extend beyond 72 hours without further Orders of Court. 8. The Court finds pursuant to 20 Pa. C.S. Section 5513 that it has not been feasible under the present circumstances to proceed in accordance with certain non-emergency provisions in the Guardianship Act, because failure to make an immediate appointment of a guardian could result in irreparable harm to the person of Mr. Martin. 9. Pursuant to the Probate, Estates and Fiduciaries Code, an emergency guardianship is required in this case. 10. The Petitioner is qualified under the Act to serve as plenary guardian of Mr. Martin's person and estate, and the Court believes that he has the best interests of his father at heart. 11. All reasonable efforts have been made to prevent this guardianship appointment. 12. Pursuant to an agreement of counsel, the guardian in this case will not remove Mr. Martin from his home without further Order of Court, except upon an emergency basis. It is noted that a hearing on a permanent appointment of guardian has been scheduled for August 1996 in this matter. 13. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting an adjudication of incapacity have recently been amended and are contained in 20 MARK E. HALBRUNER, ESQUIRE For the Petitioner GEORGE A, VAUGHN, III, ESQUIRE For the Allegedly Incapacitated Person wcy en -"..- - ~ ~cl: 0 ~ - , - ,.1 ~f. '=1: ) .:1 , , , - I -') '.: ~ J ., -0' ,. (I ,".t; ...1 .) ~ ~ '" Wll: oJ)~ a: _::I UU IN RE: JOHN C. MARTIN, an alleged incapacitated person IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION . . NO. 21-96-472 STIPULATION AND NOW, comes GEORGE A. VAUGHN, III, ESQUIRE, and represents as follows: 1. By Order dated June 14, 1996, I was appointed to represent the interests of John C. Martin, the allegedly incapacitated person in the above-captioned proceeding. 2. On June 25, 1996, a hearing was held on Kevin J. Martin's request to have himself appointed emergency guardian of the estate and person of John C. Martin. 3. On June 25, 1996, the Court issued an order appointing Kevin J. Martin emergency guardian of the estate and person of John C. Martin for a period of seventy-two (72) hours from the date of the Order. 4. Kevin J. Martin has filed a petition seeking an extension of the emergency guardianship for an additional twenty days. 5. I consent to the extension requested by Kevin J. Martin. Respectfully submitted, -7 Georg A. vaughn, III, Esquire 3904 Trindle Road camp Hill, PA 17011 (717) 975-9102 (Attorney for John C. Martin) Dated: cJ;f1; c, , 1996 01 -':;:C - r'j ~?().. 0 JJ "1 . a.. 9 .' .. ~ ~ :~ . .. ~.J .... ....:~ U c..' Cf1 ala: u \:7 a: . \ C38 - ... ... ''".. .. IN RE: JOHN C. MARTIN, an alleqed incapacitated person IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, pENNSYLVANIA ORPHANS' COURT DIVISION : NO. 21-96-472 PETITION TO EXTEND THE APPOINTMENT OF AN EMERGENCY GUARDIAN OF THE ESTATE AND PERSON OF AN ALLEGED INCAPACITATED PERSON AND NOW, comes the petitioner, KEVIN J. MARTIN, by and through the undersigned counsel, and represents and avers as follows: 1. petitioner is an adult individual who resides at 61 Valley Road, Jackson, New Jersey 08527, and he is the son of John c. Martin, the alleged incapacitated person. 2. On June 25, 1996, a hearing was held on petitioner's request to have himself appointed emergency guardian of the estate and person of John C. Martin. 3. On June 25, 1996, the court issued an order appointing petitioner emergency guardian of the estate and person of John C. Martin for a period of seventy-two (72) hours from the date of the Order. 4. The emergent circumstances underlying the Court's Order have continued to exist and shall continue to exist for the indefinite future. 5. For the indefinite future, John C. Martin will continue to need a guardian for his estate and person. 6. A petition to adjudicate John C. Martin an incapacitated person and appoint a permanent guardian for his estate and person was filed concurrently with the emergency guardianship petition, and a hearing has been set on said petition for August 9, 1996. 7. By a written Stipulation filed concurrently with this petition, George A. Vaughn, III, Esquire, the court-appointed counsel for John C. Martin, has consented to the relief requested " herein. WHEREFORE, Petitioner respectfully requests that the Court issue a further Order extending his appointment as emergency guardian of the estate and person of John C. Martin for a period of twenty (20) days as permitted by 20 Pa.C.S. ~5513. Respectfully submitted, I I ! j , i I' I ( I GATES & ASSOCIATES, P.C. BY: 1~lf ~ M~rk E. Halbruner Sup. Ct. 10# 66737 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for petitioner) Dated: ?'-l'3 , 1996 2 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing petition are true and correct to the best of his knowledge, information and belief. This verification is made subject to the penalties of 18 pa. C.S.A. S4904 relating to unsworn falsification to authorities. -'~.Lr- }J1Ct-ctz - KEVIN J. . TIN June 28 , 1996 R<:c<::' ",-1 Rt;, \,~ l:~ ',6 JUL -3 P ~ :12 CIl" . . . 't Cunq ", :",\ d . ~ 2:~ \J ~ . ll. :S . ~ .fl III ~ '... ~~:ii ~ ~ ~~ ~ u ~ u. -< ffi ~~~i o ... 0. Ul \J w " ~ ,~ ~ 0 5 i~ i ~ - III ~ "al Iii ::: III I!c ~~ ~ ~ :ii! ~~ iil ~h~ u ~ ~ III ~ l:iil~ ~ :I ~ '" " '" fJ ~ " !! . . . . . eo . , ( 'JUN 2 8 1996~\. P.04 IN RBI JOHN C. MARTIN, an alleged incapacitated paraon I IN THE COURT OF COMMON PLEAS I CUMBBJU.AND COUNTY, PENNSYLVANIA I : ORPHANS' COURT DIVISION NO. :21-96-472 STIPULATION AND NOH. comes GEORGE A. VAUGHN, III, ESQUIRE, and represents as follows: 1. By Order dated June 14, 1996, I was appointed to represent the interests of John C. Martin, the allegedly incapacitated per60n in the above-captioned proceeding. 2. On June 25, 1996, a hearing was held on Kevin J. Martin's request to have himself appointed emergency guardian of the estate and person of John C. Martin. 3. On Juno 25, 1996, the Court issued an order appointing Kevin J. Martin emergency guardian of the estate and person of John C. Martin for a pBriOd of seventy-two (72) hours from the date of the Order. 4. On June 28, 1996. the Court issued an Order extendin9 the emergency guardianship appointment for a periOd of twenty days. 5. Kevin J. Martin has filed a petition seeking an extension of the emergency guardianship for an additional twenty days. 6. I consent to the extension requosted by Kevin J. Martin. RespectfUlly submitted, Dated: 7 /.:;s- / f . - ....'~ Geor e A. Vaugh , Esquire 3904 Trindle Road Camp Hill, PA 17011 (717) 975'9102 (Attorney for John C. Martin) , 1996 0\ ~rf. -::r ~) '0 (/) u :i ..;;: ... ~) .- ~2 f'"l > 5 ; , -, ) d, E tJ ...t \0 :j ::J g& p' Gu a: IN REI JOHN C. MARTIN, an alleged incapacitated person I IN THE COURT OF COMMON PLEAS I CUMBERLAND COUNTY, PENNSYLVANIA . . . . ORPHANS' COURT DIVISION I NO. 21-96-472 ORDER AND NOW, this llii day of ~, 1996, Upon con- sideration of a Petition to Extend the Appointment of an Emergency Guardian of the Estate and Person of an Alleged Incapacitated Person, and a Stipulation executed by the court-appointed counsel for the alleged incapacitated person, it is ordered that, pursuant to 20 Pa. C. S. 55513, the appointment of Kevin J. Martin as emergency guardian of the estate and person of John C. Martin is extended for a period of twenty (20) days from the date of this Order. BY THE COURT: J. George A. Vaughn, III, Esquire 3904 Trindle Road Camp Hill, PA 17011 (717) 975-9102 (Attorney for Respondent) Mark E. Halbruner, Esquire Gates & Associates, P.C. 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 (Attorneys for Petitioner) ~.~-_._--_.,. -, ''''f IN RE: JOHN C. MARTIN, an alleged incapacitated person IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96'472 PETITION TO EXTEND THE APPOINTMENT OF AN EMERGENCY GUARDIAN OF THE ESTATE AND PERSON OF AN ALLEGED INCAPACITATED PERSON AND NOW, comes the peti tioner, KEVIN J. MARTIN, by and through the undersigned counsel, and represents and avers as follows: 1. Petitioner is an adult individual who resides at 61 Valley Road, Jackson. New Jersey 08527, and he is the son of John C. Martin, the alleged incapacitated person. 2. On June 25. 1996, a hearing was held on Petitioner'S request to have himself appointed emergency guardian of the estate and person of John C. Martin. 3. On June 25, 1996, the Court issued an order appointing Petitioner emergency guardian of the estate and person of John C. Martin for a periOd of seventy-two (72) hours from the date of the Order. 4. On June 28, 1996, the Court issued an Order extending the emergency guardianship appointment for a periOd of twenty days. 5. The emergent circumstances underlying the Court's Order have continued to exist and shall continue to exist for the indefinite future. 6. For the indefinite future, John C. Martin will continue to need a guardian for his estate and person. " 00 :D t, ii. ,,j :"Ow (J, n ., Ll c..1 I ~ ." h i..r ., Q, " w ~i I . ~ ] ~~~z U , ... A- s III ~~i~ rIi ~ ... ~ ih '8 ~ 8- ~~~~ u. ~ -Ill 0 ~,~ CIl U uI -s w 0 s ~1 ~I~~ u ~!Q u: CI) ~ u. CI) ~ ~;< i~~~ c.icuc: g~~g 5 $~g ~~ ~ !~ ~ij~ ~~ li3 CI) ~ ~ ~o~~ ~ ~ ~~o~ ~i1:i ~ ! ~ " " 5! . . . . '. . ~ . " . ';II!-:tt . JLiL v I Iv;JY c.. AUTHORITY TO PAY COURT APPOINTED COUNSEL ! ;:.rb,J . - t counr ~ VOUCHER a DI~t'lcl JU51lCU IX Common Ple,n [J Appnll,tto n Olhor --.. u.._._._..____.__.__ NO 2129 J FORIOJ.CP.APflELtATrI 4 AT ICITY/STATEI 5 DUOGET CODE ,n 1>1 n~_ Clrl is)" nn",,,,v ,.. ,_ I, I - ..J ." , ./" .." - G5r. 6 IN "tE CASE OFA II eged Incilpilci tilt JcfHARGElOFFEIISE (PURCON CrrATlONI 8. 0 PETTY OFFENSE In He: John "Xc. Milrtin n "IA o FELONY 0 MISDEMEANOR I) pnOCEEOI"aS (Describe bflellrl II. PEnSON REPRESENTED 12. CIVIL DOCKET NO. Appointment of GUilrdiiln i1nd t D O"'l\(t'"'."'dUll 21-96-472 erson of i1n i1llegedly incilpci tiltE d ' " O"'""d..,,, Jln,",l, 3 " Apopn,,,. hdult individuill .. :] "OQfltlU 13. CRIMINAL DOCKET NO , :J HUitt., P,lIt,O"." N/A . (j M.I."..IW,I"." -- , " P,.or... C""'ged Wolh \/'01'1'0" 10 PEnSON REPRESENTeD IFull t4amel . U POOD.hon" CI'I,.g'4 W,'h V,ol.I,on 14. APPEALS DOCKET NO. John C. 11i1rtin . X' 0".. Alleged Incapaci N/A tated Person 16 NAME OF ATTORNEY/PAYEE AND .ApgIO,U" ITllnp 14, 1996 MAlUNG ADDRESS George A. Vaughn, III Honorable J. Hesley Oler, Jr. 3904 Trindle Road NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE Camp Hill , PA 17011 17 TELEPHONE No. 18. SOC'''LSECURI'Y'''Q OR(INNQ /'71'7\ O'7,,_o,n') 10Q_"n_o')"o CLAIM FOR SERVICES OR EXPENSES 19. SERVICE HOUPS OATES AMOUNTS CLAIMED .- Arr.rgnmlnllndlot PI,. Mulllpty ,.,, per hOUI Iiml' 101,1 b Prellmlne,.,. Hurlng houI' 10 obl.in -In Cou,,- com. pen..llon. Enler 10t.1 below. c. MOlion, and RIQUI.ls ... el Bill H..rlng. c: p 0: V :> . Slntence H..rlngl 0 U I. fUll -, i!; O. R....oc.lIon H..rings h. Juyenlle H.,tlngs ) l ApDeals Court 19A.7~ NCO~. PIT COMPo i Olhlt(SPICiry on .dd.llonll.h..tSI Sep At-.";:a ,...hcl"1 1 ." TOTAL HOURS. 1.5 X $SO PER HOUR -S75.02 , 20. I. Inle"WI'wl and conl"ence, Mullrply file pet hour I,m.. 10111 b. Oblalning and thilWtno recordS hOLlls, Enl" 101,1 .Oul of Cou,,- ...... compenutlon below. 00: c. LeOI' rue.rCh and bller WOflllng ...:> :>0 d. Inve.Dgan.... and artier WOtk (Speer., on addllXJnal stl..ts) ,')n 20A. TOTAL OUT OF COURT ou See attached COMPo TOTAL HOURS. 12.9 x s.o PER HOUR -s 516.00 21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM Mloaoo $.25 nar mila x ')'0 _, ,- n ~-;: 0: w r 21A. TOTAL ITEMIZED EXP. ... 0 -s 9.50 22. CERIlFICATlON OF ATTORNEY/PAYEE 23. GRAND TOTAL CLAIMED Has compensation and/or ,eimbu"emenllor wort!. in Ihls caee prevlouaty been applIed 'or? o YES ~ NO - s 600.50 II yes. were you paId? DYES o NO II yes, by whom wer., you paid? Howmuch7 Has the porson represented paid any money to you, or to your knowledQe 8nyone el,e. in connection with Ihe maner 'or 24. DEDUCT. PRIOR PYMTS. wruCh yOu Wete apPoinled 10 prOVIde repre'~I~doj.~~Ol: NO II yes. give delllls on addiliO"i' sh7~ -S n I swear or allum Ihe trulh or conectness .. __ /p 01 , 25. NET AMOUNT CLAIMED ollhe above ,ralemnnls U SiQ~ryr"JtOtn.Y/P'~ ... O.re - S 600.50 26,,"1'''['~1 :'1 "".} //h-A ,/"p: t> c."'" ". /'j 'fI 27. AMT. APPROVED '0" S.gnllute 0' -SlOt"l..sO ..u...., ~I JUdO. .0.le c!opy 1 . Maillo~ ~rt Administrator at completion of servico ( ( '1" -:zer