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Home My WebLink About09-21-07 () ,. ',\ IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE ROBIN MOIST, an alleged incapacitated person ORPHANS' COURT DIVISION NO. ~ 1-01 - Ot'loL{- ( ") '-'j On the Petition of Mary M. Smith and Susan H. Naylor: EMERGENCY PETITION TO ADJUDICATE INCAPACITATED AND APPOINT GUARDIANS OF THE PERSON AND ESTATE 1. CHRISTINE ROBIN MOIST, the alleged incapacitated person, resides at 316 Wildwood Road, Carlisle, County of Cumberland, Pennsylvania. CHRISTINE ROBIN MOIST was born on March 4, 1969. 2. CHRISTINE ROBIN MOIST is single. 3. CHRISTINE ROBIN MOIST was never a patient in a mental hospital. 4. The Petitioners Mary M. Smith and Susan H. Naylor are sisters of CHRISTINE ROBIN MOIST. Petitioners are interested in CHRISTINE ROBIN MOIST'S welfare and are familiar with her case. 5. Petitioner Mary M. Smith resides at 306 Hickory Hill Terrace, Harrisburg, Pennsylvania; Petitioner Susan H. Naylor resides at 692 Losh Road, Shermansdale, Pennsylvania. 6. CHRISTINE ROBIN MOIST is not a veteran and is not receiving benefits from the United States Veterans Administration. :;- 7. CHRISTINE ROBIN MOIST has two children: ZACHARY SNYDER, born October 23, 1988, and Gabrielle Moist, born June 7, 1995. ZACHARY SNYDER is 18 years of age and has executed a Joinder to this Petition setting forth his consent to the entry of the Order requested herein. CHRISTINE ROBIN MOIST has three brothers and one sister who not parties to this Petition. Their Joinders are attached to this Petition as well. 8. The Petitioners ask that Mary M. Smith be appointed plenary guardian of the person and that Susan H. Naylor be appointed plenary guardian of the estate of CHRISTINE ROBIN MOIST. 9. The proposed guardians have no interests that are adverse to the interest of CHRISTINE ROBIN MOIST. 10. Petitioners believe, and therefore aver that no Court has ever received jurisdiction in a proceeding to determine whether CHRISTINE ROBIN MOIST is incapacitated. 11. Petitioners believe, and therefore aver that CHRISTINE ROBIN MOIST does not already have a guardian. 12. Petitioners assert that CHRISTINE ROBIN MOIST is incapacitated as defined in chapter 55 of the Probate Estates and Fiduciaries Code. Due to the extent of the injuries arising out of a motorcycle accident on September 3, 2007, to CHRISTINE ROBIN MOIST, Petitioners request that an Emergency Order be entered so that medical decisions can be made and carried out on behalf of CHRISTINE ROBIN MOIST. Attached as Exhibit "A" hereto is a copy of a letter from Dan A. Galvin, M.D., a physician at the Milton S. Hershey Medical Center, requesting the immediate appointment of a Guardian of the Person for CHRISTINE ROBIN MOIST. 13. Because of her impaired mental and physical condition, CHRISTINE ROBIN MOIST lacks the capacity to provide for her own general care, maintenance and custody. 14. Because of her impaired mental and physical condition, CHRISTINE ROBIN MOIST is totally unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto. Further, CHRISTINE ROBIN MOIST is totally unable to make health care decisions and to communicate her decisions to family members and medical personnel. 15. Power of attorney would be a less restrictive alternative than guardianship; however, CHRISTINE ROBIN MOIST lacks the capacity necessary to appoint an attorney-in-fact. 16. The proposed guardians, Mary M. Smith and Susan H. Naylor, are qualified to serve as guardians. 17. A copy of the Consent of Mary M. Smith is attached hereto as Exhibit "A", and a copy of the Consent of Susan H. Naylor is attached hereto as Exhibit "B." 18. CHRISTINE ROBIN MOIST has no monthly income at this time. WHEREFORE, the Petitioners respectfully requests that the Court appoint Mary M. Smith plenary guardian of the person and Susan H. Naylor plenary guardian of the estate of CHRISTINE ROBIN MOIST. Respectfully submitted, ~rd> CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Sup. Ct I.D. No. 29029 Attorney for Petitioners COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN We verify that the statements in the foregoing Petition are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ct \ ~~\ D'l , DATE \1 \O-ll~Sn~~. MARY M. ITH I . ~ 1) 1, \-\ 'y,\ C~ -1 (,0\ SUSAN H. NAYLOR - t ' IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE ROBIN MOIST, an alleged incapacitated person ORPHANS' COURT DIVISION NO. CONSENT TO APPOINTMENT OF GUARDIAN I hereby consent to my appointment as Guardian of the Person of CHRISTINE ROBIN MOIST, born March 4, 1969. I certify that I am a citizen of the United States of America and that I read and write the English language. I am not a fiduciary, or an officer or employee of a corporate fiduciary, of an estate in which the minor has an interest; nor am I a surety or an officer or employee of a corporate surety, of such a fiduciary, and I have no interest adverse to the incapacitated person. "0 \().4J~ '\ ,~~, MARY M. S ITH IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE ROBIN MOIST, an alleged incapacitated person ORPHANS' COURT DIVISION NO. CONSENT TO APPOINTMENT OF GUARDIAN I hereby consent to my appointment as Guardian of the Estate of CHRISTINE ROBIN MOIST, born March 4, 1969. I certify that I am a citizen of the United States of America and that I read and write the English language. I am not a fiduciary, or an officer or employee of a corporate fiduciary, of an estate in which the minor has an interest; nor am I a surety or an officer or employee of a corporate surety, of such a fiduciary, and I have no interest adverse to the incapacitated person. ._~l.c{:)~, \-\ ~QJ 1l/tf\ SUSAN H. NAYLOR ~t~-Ij-~UU( I~U Ue:41 AM ~U~Gt~y FAX NO. 1111b313649 P. 01/01 PEN N STATE = Milton S. Hershey Medical Center ...... College of Medicine Don A. Galvan, M D, f' ACS Assisl3nt Professor of Surgery Ponn Slate Mihon S. HCf'jh~y Ml:dicul CCllter Tel: (717) 531-3563 Pcnn Slate College (If Med~in" FlUe (717) 531.3649 Dep..1rtm"nlllfGcnc:rJlfTmllma Slll'll"!)' 500 University Dri vc: H070 HashC>'. PA 17033 Sp~clollzing in the Gl:ncral Surgical CArl: 09/12/07 IncludinG Rnul;ne & Complex SIl'lleTY Herni~ Su'1\c:ry Gilllbl"ddllr Sllrg"l)' Luparoscopic Surge!)' Tmuma/Cnticul Core Rc: Christine Moist 03/04/1969 To Whom It May Concern: Ms. Moist was involved in a motorcycle accident on 9/3/07. She presented to the Milton S. Hershey Medical Center in an unconscious state, a state in which she still remains. I am asking that her sister Mary Smith become the Power of Attorney for all Ms. Moist legal matters. At this time it is unclear how long Ms. Moist will remain in her prescnt condition. Thank you for you cooperation in this matter. Sincerely, il/.~ Dan A. Galvan, MD EXHIBIT "A" An !:qUill Opputt\lllllY UOlvc"my SEP 13,2007 07:22A 17175313649 page 1 IN RE: APPOINTMENT OF GUARDIAN OF CHRISTINE ROBIN MOIST, AN INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NUMBER: JOINDER ZACHARY SNYDER, duly sworn, hereby deposes and says: 1. That I am the son of CHRISTINE ROBIN MOIST. 2. That I am aware that CHRISTINE ROBIN MOIST is presently in a coma in the Hershey Medical Center and that she may remain in a coma for an undetermined period of time. 3. That I am aware that decisions must be made regarding Christine's medical treatment and her personal finances, and that Christine has not executed a Health Care Power of Attorney, Durable Power of Attorney, or other instrument designating an Agent or Agents to make such decisions. 4. That I am aware of the intention of my aunt MARY M. SMITH to file a Petition for Appointment for Emergency Guardian of the Person of CHRISTINE ROBIN MOIST, and the intention of my aunt SUSAN H. NAYLOR to file a Petition for Appointment of Emergency Guardian of the Estate of CHRISTINE ROBIN MOIST. 5. That I hereby consent to said Appointments and I formally join Mary A. Smith and Susan H. Naylor in said Petition. I waive notice of the hearing required for the entry of said Order of Appointment of Emergency Guardians. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of September, 2007. Sworn to and subscribed before me this JlIf t{ day of September, 2007. ~~r ~~ ZACHARY SNYDER 8EA NOTARIAL SEAl J'RIce 1. LEITER, Notary Public Centre Township, Perry County My Commission Expires July 27, 201.1 i & iv" , .;) I ," LJ-." ~L~. NOTARY PUBLIC ct~~ '- . IN RE: APPOINTMENT OF GUARDIAN OF CHRISTINE ROBIN MOIST, AN INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NUMBER: JOINDER SANDRA A. DONIVAN, duly sworn, hereby deposes and says: 1. That I am a sister of CHRISTINE ROBIN MOIST. 2. That I am aware that CHRISTINE ROBIN MOIST is presently in a coma in the Hershey Medical Center and that she may remain in a coma for an undetermined period of time. 3. That I am aware that decisions must be made regarding Christine's medical treatment and her personal finances, and that Christine has not executed a Health Care Power of Attorney, Durable Power of Attorney, or other instrument designating an Agent or Agents to make such decisions. 4. That I am aware of the intention of my sister MARY M. SMITH to file a Petition for Appointment for Emergency Guardian of the Person of CHRISTINE ROBIN MOIST, and the intention of my sister SUSAN H. NAYLOR to file a Petition for Appointment of Emergency Guardian of the Estate of CHRISTINE ROBIN MOIST. 5. That I hereby consent to said Appointments and I formally join Mary A. Smith and Susan H. Naylor in said Petition. I waive notice of the hearing required for the entry of said Order of Appointment of Emergency Guardians. IN WITNESS WHEREOF, I have hereunto set my hand and seal this <3- ~ day of September, 2007. Sworn to and subscribed before me this /.J)~ay of September, 2007. ~/tt ;1 !t4'izJ ARY BLIC COM~jlO~}':'=-,\ ~,__ r- -----:..> ". p. ;'\)'IISV! \,1'AN'A L":~'" ':~~'I: " :J, --.. .... ",c_',':", . ',J-:,__. L =,' , f\i) - '..'c,'!....'.lty I "1.-..-.. . i. :::~7 -C'\Q .. . .'. . ............... . ," A,~ ''J''-.:"'-'', ,___- ~ f~:.:::::,,)C,dtion (;; Notaries. Atdu 0 B~~~ SANDRA A. DONIVAN //(.; lll. tI'/!ereJf f)i CU-:-/'J Ie I PA I)(}J 3 IN RE: APPOINTMENT OF GUARDIAN OF CHRISTINE ROBIN MOIST, AN INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NUMBER: JOINDER STEPHEN C. NAYLOR, duly sworn, hereby deposes and says: 1. That I am a brother of CHRISTINE ROBIN MOIST. 2. That I am aware that CHRISTINE ROBIN MOIST is presently in a coma in the Hershey Medical Center and that she may remain in a coma for an undetermined period of time. 3. That I am aware that decisions must be made regarding Christine's medical treatment and her personal finances, and that Christine has not executed a Health Care Power of Attorney, Durable Power of Attorney, or other instrument designating an Agent or Agents to make such decisions. 4. That I am aware of the intention of my sister MARY M. SMITH to file a Petition for Appointment for Emergency Guardian of the Person of CHRISTINE ROBIN MOIST, and the intention of my sister SUSAN H. NAYLOR to file a Petition for Appointment of Emergency Guardian of the Estate of CHRISTINE ROBIN MOIST. 5. That I hereby consent to said Appointments and I formally join Mary A. Smith and Susan H. Naylor in said Petition. I waive notice of the hearing required for the entry of said Order of Appointment of Emergency Guardians. IN WITNESS WHEREOF, I have hereunto set my hand and seal this /5-r-- day of September, 2007. s&:~y{{~ Sworn to and subscribed before me /:}..s ml?kb-trSov ;<tJ. J'~ rP-- Nlfv t6J..OOJv)"?t6(.tJ, I;; / 7o"~ this , ~ day of September, 2007. 7/7- 7~7- 'I38k,. COM.'.jO~J"'.'r:/lI ~'J n~ . C~. -.:....~. :..c..' ''''. ""~'}"!S..YLVANIA )" --] '., '-"j' .01 !'~Jfic My____ , ; ')7 "l M . ...........,....... .~'."'009 e/110Cf ,,' -~~____~_____ , t~s;:.,'x;Jat!on cf Notaries IN RE: APPOINTMENT OF GUARDIAN OF CHRISTINE ROBIN MOIST, AN INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NUMBER: JOINDER DAVID E. NAYLOR, duly sworn, hereby deposes and says: 1. That I am a brother of CHRISTINE ROBIN MOIST. 2. That I am aware that CHRISTINE ROBIN MOIST is presently in a coma in the Hershey Medical Center and that she may remain in a coma for an undetermined period of time. 3. That I am aware that decisions must be made regarding Christine's medical treatment and her personal finances, and that Christine has not executed a Health Care Power of Attorney, Durable Power of Attorney, or other instrument designating an Agent or Agents to make such decisions. 4. That I am aware of the intention of my sister MARY M. SMITH to file a Petition for Appointment for Emergency Guardian of the Person of CHRISTINE ROBIN MOIST, and the intention of my sister SUSAN H. NAYLOR to file a Petition for Appointment of Emergency Guardian of the Estate of CHRISTINE ROBIN MOIST. 5. That I hereby consent to said Appointments and I formally join Mary A. Smith and Susan H. Naylor in said Petition. I waive notice of the hearing required for the entry of said Order of Appointment of Emergency Guardians. IN WITNESS WHEREOF, I have hereunto set my hand and seal this /5~ day of September, 2007. t)(._.J ~ -11t~~ DAVID ~R' Sworn to and subscribed before me 1'!.5 --e~ 1!~ this )t:(~ay of September, 2007. V\UMr ~ ,fq, l10bfg ~~d /~g r -----.: -' L ~:.~;~-' _V.~! ,'>;1t=:J:-;L';,;(~--- '-"_:::':~Ji_~ r ~dl'll ~ '1(, J 1/ , '7 c"(!C --- - - -__.;. '- ::J ')1 N,)lur,os IN RE: APPOINTMENT OF GUARDIAN OF CHRISTINE ROBIN MOIST, AN INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION NUMBER: JOINDER ELMER J. NAYLOR, duly sworn, hereby deposes and says: 1. That I am a brother of CHRISTINE ROBIN MOIST. 2. That I am aware that CHRISTINE ROBIN MOIST is presently in a coma in the Hershey Medical Center and that she may remain in a coma for an undetermined period of time. 3. That I am aware that decisions must be made regarding Christine's medical treatment and her personal finances, and that Christine has not executed a Health Care Power of Attorney, Durable Power of Attorney, or other instrument designating an Agent or Agents to make such decisions. 4. That I am aware of the intention of my sister MARY M. SMITH to file a Petition for Appointment for Emergency Guardian of the Person of CHRISTINE ROBIN MOIST, and the intention of my sister SUSAN H. NAYLOR to file a Petition for Appointment of Emergency Guardian of the Estate of CHRISTINE ROBIN MOIST. 5. That I hereby consent to said Appointments and I formally join Mary A. Smith and Susan H. Naylor in said Petition. I waive notice of the hearing required for the entry of said Order of Appointment of Emergency Guardians. IN WITNESS WHEREOF, I have hereunto set my hand and seal this day of September, 2007. this /{'#- day of September, 2007. ~~ t Z~~~ TAR VELIe' CQ.MMON0'E " ,~p eNNSY l VANIA ~~~ ME . NA R Sworn to and subscribed before me . 9S?~~ fiJ ~~ 13~~ f}f ;- J70Cr :-J:)!ar;.ll :~i~a ~<e~~y (:.l RO~-"Ji Pax!ano F~,n~,; r 'J'_')~':,! My Cor;rn~s;cn'-:,; I;'S' J~n 2. 7,2009 Mernt;d r'\S:;~)Ci2T!On of Notaries