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IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA
INRE:
ORPHANS' COURT DIVISION
ANNA JEAN RHODES
No. ~ \ ~ 0, .. 044 f
AN ALLEGED
INCAPACITATED PERSON.
PETITION FOR THE APPOINTMENT
OF A PERMANENT PLENARY GUARDIAN
OF THE PERSON AND ESTATE
Filed on Behalf of Petitioner:
GLORIA ZEIDERS
Our Matter No.
Counsel of Record for Petitioner:
CAPOZZI AND ASSOCIATES, P.C.
A
Doreena Cr' Sloan, Esquire
Attorney No. 44880
2933 North Front Street
Harrisburg, P A 17110
(717) 233- 4101 (phone)
(717) 233- 4103 (fax)
Attorneys for Petitioner
IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA
INRE:
) ORPHANS' COURT DIVISION
)
) No. AI-Ol-OY41
)
) PETITION FOR THE APPOINTMENT
) OF A PERMANENT GUARDIAN OF
) THE PERSON AND ESTATE
)
ANNA JEAN RHODES,
AN ALLEGED,
INCAPACITATED PERSON.
Petition For The Appointment Of A Permanent Guardian
Of The Person Of An Allee:ed Incapacitated Person
AND NOW comes Petitioner, Church of God Home, Inc." through their attorney, Doreena
Craig Sloan, Esquire, and presenting their Petition to this Honorable Court for the Appointment
of a Permanent Guardian of the Person and Estate of ANNA JEAN RHODES an Alleged
Incapacitated Person, representing as follows:
1. Petitioner, Gloria Jean Zeiders, an adult individual who is the step-daughter of Anna Jean
Rhodes, who resides at 1814 Letchworth Drive, Camp Hill, P A 17011.
2. Anna Jean Rhodes is a resident of the Church of God Home, Inc., a nursing facility
offering skilled care and long-term care and is located at 801 North Hanover, Suite 7013,
Carlisle, Pennsylvania 17013. The nursing home is licensed to participate in the
Medicaid and Medicare programs. ;_,
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3. Petitioner is an interested party because she is the sole step-child of the Petitioner and
has been her Power of Attorney since 2002 and has acted in the best interests of the
Alleged Incapacitated Person.
4. The Alleged Incapacitated Person was admitted to Church of God Home, Inc. 801 North
Hanover Street, Carlisle, PAin June 2006. Her prior residence was 4415 Valley Road,
Enola, PA 17025.
5. The Alleged Incapacitated Person is diagnosed with Cognitive Disorder; Depressive
Disorder; Chronic Airway Obstruction; Vascular disease, and unspecified disorder of the
kidney and ureter.
6. To the best of our knowledge, information and belief, the Alleged Incapacitated Person
has never served in the Armed Forces ofthe United States of America.
7. The Alleged Incapacitated Person does not generally comprehend her surroundings to
such an extent that she requires consistent supervision in her activities of daily living. As
a result of her condition, the Alleged Incapacitated Person requires specific one-on-one
assistance with grooming, transferring, toileting and bathing.
8. The Alleged Incapacitated Person is incapable of handling her personal affairs, however
minor, and if called upon to grant informed consent to any medical procedure she would
be unable to grant it because of her inability to comprehend the nature of the procedure.
9. The Alleged Incapacitated Person is not expected to recover from her current condition
to become sufficiently independent to return to the community.
10. After reasonable investigation Petitioner has determined that the Alleged Incapacitated
Person has the following next of kin and interested parties:
Gloria Jean Zeiders (step-daughter)
1814 Letchworth Drive
Camp Hill, PA 17011
Kenneth Detweiler (nephew)
85 Spring Drive
Martinsburg, P A 16662
II. Petitioner Gloria Jean Zeiders is willing and able to act as Guardian for the Alleged
Incapacitated Person.
12. The Alleged Incapacitated Person has the following known assets:
Residence located at 4415 Valley Road, Enola, P A 17025
Bank accounts
13. Petitioner requests the Guardian be assigned the following powers below described:
A. Making medical decisions, which would include but not be limited to:
1. medication, antibiotics, hydration, tube feeding, respirator use;
11. situations related to the active dying process;
111. hospice selections;
IV. selecting or replacing the attending physician;
v. skilled care and acute care placement;
B. Maintaining order in the financial affairs of the alleged incapacitated person
which would include but not be limited to:
VI. establishing the Guardianship bank account;
V11. marshalling the Respondents assets;
V111. paying bills for the incapacitated person, including bills for nursing care
and services;
IX. making bank deposits;
x. writing checks for expenses;
Xl. performing all other acts necessary to avoid waste with respect to the
assets of the incapacitated person.
14. Petitioner knows of no available less restrictive alternative to the establishment of a
Permanent Guardian of the Person and Estate of the Alleged Incapacitated Person.
15. Petitioner is the proposed Guardian as she has taken care of the alleged incapacitated
person most of her life and has been the Power of Attorney for the alleged incapacitated
person since January 2002.
16. Petitioner has regularly worked with or handled the alleged incapacitated person's affairs
since her appointment as Power of Attorney in January 2002.
17. The alleged incapacitated person recently executed another Power of Attorney listing
Kenneth Detweiler as the Attorney-In-Fact.
18. Shortly after the execution of that document, the alleged incapacitated person contacted
Petitioner, said that she had made a mistake and wanted Petitioner to be the person with
authority to make personal and financial decisions for her, and said that she did not know
why she made the change between Petitioner and Kenneth Detweiler.
19. Anna Jean Rhodes subsequently executed a Revocation of the Power of Attorney to
Kenneth Detweiler and executed a new Power of Attorney appointing Gloria Jean Zeiders
as her Power of Attorney.
20. Petitioner has no interest adverse to the Alleged Incapacitated Person and has agreed to
act as Guardian of her Person and Estate if this Honorable Court shall so appoint. The
executed Consent of the Petitioner is attached to this Petition and marked Exhibit "B."
21. An application for Medical Assistance benefits is pending for Anna Jean Rhodes.
22. If appointed by this Honorable Court, the Guardian will act in compliance with
regulations promulgated under Court Order in Pennsylvania Bulletin 931, et seq., April
19, 1975.
23.20 Pa.C.S.A. ~5515 states "... provisions relating to a guardian of an incapacitated
person and her surety shall be the same as are set forth in the following provisions of this
title relating to a personal representative or a guardian of a minor and their sureties:..."
Section 5122 (relating to when bond not required).
24.20 Pa.C.S.A. ~5122 (d) states "in all other cases, the court may dispense with the
requirement of a bond when, for cause shown, it finds that no bond is necessary."
WHEREFORE, Petitioner respectfully requests this Honorable Court to:
1. Award a Citation directed to ANNA JEAN RHODES and others as the Court sees fit to
show cause why ANNA JEAN RHODES should not be declared an incapacitated person
and why a Permanent Guardian of her Person and Estate should not be appointed;
2. Appoint Petitioner Gloria Jean Zeiders as Permanent Guardian of the Person and Estate
of ANNA JEAN RHODES.
3. Dispense with the requirement that the Proposed Guardian obtain a bond.
Respectfully submitted,
C lAND ASS
Date:
5' /7 107
I I
OREENA G SLOAN, Esquire
Attorney. No.: 44880
2933 North Front Street
Harrisburg, P A 17110
(717) 233- 4101
Attorneys for Petitioner
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA
INRE:
) ORPHANS' COURT DIVISION
~ No. '/-I ~O 1 .. 01~ I
)
) PETITION FOR THE APPOINTMENT
) OF A PERMANENT GUARDIAN OF
) THE PERSON AND ESTATE
)
ANNA JEAN RHODES,
AN ALLEGED
INCAP ACIT A TED PERSON.
VERIFICATION
I, GLORIA JEAN ZEIDERS, am Petitioner in this matter and I do hereby depose and
state that the facts contained in the foregoing Petition are true and correct to the best of my
knowledge, information and belief. I understand that false statements made herein are subject to
the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities.
Date: 'f!3%7
~.~ji:tdQ.4-<l)
[JiORIA JEA IDERS .
IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA
INRE:
) ORPHANS' COURT DIVISION
)
) No. ').1 -Dl- 6441
)
) PETITION FOR THE APPOINTMENT
) OF A PERMANENT GUARDIAN OF
) THE PERSON AND ESTATE
)
ANNA JEAN RHODES,
AN ALLEGED
INCAPACITATED PERSON.
CONSENT OF THE PROPOSED GUARDIAN
I, (J,/OrL t1... J;;.att'J Zelde.l"'.~ , Gloria Jean Zeiders, do hereby certify
that I am willing to act as the Permanent Guardian of the Person and Estate of Ann Jean Rhodes,
if the Court shall so appoint me.
Further, I do hereby certify that I am not a fiduciary of any estate in which the alleged
incapacitated person has an interest, nor have I any interest adverse to the alleged incapacitated
person.
The facts and opinions contained herein are true and correct to the best of my knowledge,
information and belief.
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Date
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Sworn to and subscribed before me this
CO MONWt:A:.1'M , "rNNSVlYANIA
NOTARJAL SEAl
JENNIFER KAlN, Notary Public
East P.nnsbom Twp., ClIb1and COIIlty
My Commission Expires Oct. 7, 2009
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My Commission Expires:
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