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Home My WebLink About12-27-07 THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-1461 IN RE: MICHELE SARAH MAZER, Incapacitated IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. d. \ () \. t\ \.0 q ORPHANS COURT Q "'v = C:::> ~ r::;, rr, c-:> 1'v -.J EMERGENCY PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND ESTATE -, i?'~ ~J, ; -'-I . ( \:i ~ TO THE HONORABLE, THE JUDGES OF THE SAID COURT: o (.- o The Petition of Mark A. Fieseler respectfully represents: 1. The alleged incapaci ta ted individual is Michele Sarah Mazer, hereinafter referred to as Michele, who is an adult individual, born October 24, 1980, who resides at 6460 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Michele is a patient at Hershey Medical Center pending transfer to a long term residential treatment facility. 3. Michele's transfer is being delayed due to her inability to communicate and that there is no designated guardian. 4. Michele's mother, Laurie Fieseler, died in 2005 and her father, David S. Fieseler, is living with a DOB of March 3, 1963. 5. Michele has one minor child, Phoenix Mazer, DOB July 18, 2005. 6. Michele is married to Joseph B. Mazer who is currently incarcerated in the York County Correctional Facility. .'-;;:~ C') rTl 7. Michele has two siblings, Ashley Fieseler, born July 22, 1988, who resides at 491 East Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania and Shaun Fieseler, born November 13, 1986, who is in the u.s. Army with a home of record of 6460 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania. 8. Michele has two blood related uncles and aunts: Jonathan C. Fieseler, Mark A. Fieseler, Diane Winkle and Deb Weaver. 9. Michele's paternal grandparents, John and Marjorie Fieseler, have been an important part of her life. 10. Michele is currently a patient at Hershey Medical Center and is pending a transfer to a residential care center. 11. Michele has applied for and is expected to be approved for medical assistance. 12. Michele had been working at Fry Communications at the time of her accident and had intended to enter the military service in February. 13. On November 23, 2007 Michele was hit by a vehicle which caused extensive head trauma. 14. Petitioner requests that he be appointed primary guardian of his niece and that Michele's father, David S. Fieseler, be appointed alternate guardian. 15. Neither Petitioner nor David S. Fieseler have an interest adverse to Michele. 16. Petitioner seeks guardianship since Michele is not able to handle her own financial or other personal affairs. 17. Dr. Philip A. Villanueva has diagnosed Michele with a diffuse axonal injury and intercereberal hemorrhage, with a poor prognosis. A copy of his letter is attached as exhibit A. It is not expected that Michele will be able to return to gainful employment. 18. Michele is currently in a medically induced coma and has no ability to communicate. 19. It is anticipated that Michele will required full time medical supervision at a residential facility for the foreseeable future. 20. Petitioner has been part of Michele's life since birth. 21. Michele currently has no income, but a claim for SSI and SSD has been initiated. 22. Michele has no savings or any other assets. 23. Michele's husband, father and other interested relatives have decided through mediation that it is in Michele's best interest that Petitioner be appointed guardian of Michele's whole person. A copy of the mediated agreement is attached as exhibit B. WHEREFORE, it is requested that Mark A. Fieseler be appointed the legal guardian of the person and estate of his niece, Michele Sarah Mazer, and that David S. Fieseler be designated as his alternate. ~44~'~ Thomas D. Gould, Esquire I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Da te : /:2ht7107 , / ~~dZ/~~ Mark A. Fieseler, Petitioner DEC-20-2007 THU 05:52 PM THERAPY SERVICES PENN STATE,: !$I Milton S. Hershey Medical Center .. College of Medicine C_ Coordination FAX NO. 7175310675 Penn Slftt.c Milt(~ S. Heulley Medical unter PerIn SlIIl.: C<lIlcl:t of MCI1ieine ClIft' CoordinaMn, Hll6il 500 llnivcnol)' l~rive. P.O. Box H~U Her.hey. I'A J?(h 3-O8~O December 20, 2OP7 To Whom It May Concern: P. 02 ') 1:1 (717) 531-8.11\6 F(lX: (717) :\31-39111 Michele Sarah Maur is currently at Hershey Medical Center where she has been hospitalized since November 23, 2007. Michele sustaiped a head injury as a result of a motor vehicle accident which occurred on November 23.2007. As a result, Michele has been diagnosed with a diftbse axonal injury and intercerebral hemorrhage. The extent and type of injury typically bas a poor prognosis. MictleJe is not expected to be able to return to employment. _~ JMUM/9LJ Dr. Philip A. Villanueva EXHIBIT A Au ~YOIJ ()Pfk,nunicy tJ",v_n't)' MICHELE MAZER WE ALL LOVE AND WISH ONLY THE BEST FOR MICHELE MAZER. AFTER CAREFUL THOUGHT AND CONSULTATION WE AGREE THAT IT IS IN MICHELE'S BEST INTEREST TO HAVE fYlltf2K A~ f:I'F-5'F LEe AS GUARDIAN OF HER WHOLE PERSON. APPOINTED WE AGREE TO COOPERATE, OR ALTERNATIVELY AS A MINIMUM AGREE NOT TO OBJECT OR OTHERWISE CONTEST THE APPOINTMENT OF (}Jlll'r If ( I0FS.IE L~ r2 IT IS UNDERSTOOD THAT IYJ!lrj 11 L hFSFL.'&e WILL ACT ONLY IN HER BEST I INTEREST AND WILL KEEP US INFORMED ON ANY IMPORTANT EVENTS OR DECISIONS ON HER BEHALF. SIGNATURE~ ~~~~ NAME: fJ1!)rK 14 ~ Fi'ES ELE~ RELATIONSHIP: UAX-LE SIGNATUREX~,j3 ::2/.dP~ NAME: Dq v,'c/ 5 ;:;'cseler RELATIONSHIP: rcrtAe..r SIGNATURr/#-U-JlfL ~ NAME: lJl O_X1\Q RELATION IP :~\tP-. rno'\-~uz. SIGNATURE R&b (!l-QlliS1 >t:fJ NAME: {Je...~Weoller RELATIONSH-P: Awni SIGNATURE v---- NAME: t~,...+-Is J '""'.(t~"'- RELATIONSHIP: "'.......1 . SIGNATUR~ 'is"cI.1 dL NAME: 'I ' RELATfg1SH P :'S1l .. ~ SIGNATURE,~ i ,~ NAME: ",)01Jllft ~ C. ;//~=?bt-I'.1/" RELATIONSHI P: V/Vt:&-? EXHIBIT B ~ - ~1\T7' mnRE ~~~..-? :::-1-01Jrl.lU ~ ~ r/.--- NAME:,r kGu/L (3', \'V\o-.'L<..r \\-." b~ RELATIONSI-IIP: SIGNATURE NAME: RELATIONSHIP: SIGNATURE NAME: RELATIONSHIP: SIGNATURE NAME: RELATIONSHIP: