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Home My WebLink About04-25-08 Brian K. Zellner, Esquire Supreme Court 10 #59262 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 774-1357 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION O.C. NO. ~ I - 0 ~ ~ 0 ~ (p-7 o S ESTATE OF YVETTE J. HARNER AN ALLEGED INCAPACITATED PERSON ~ i3 ';;S '::0 -1 PETITION UNDER 15511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE YVETTE J. HARNER TO BE TOTALLY INCAPACITATED AND APPOINT A GUARDIAN FOR HER ESTATE AND HER PERSON TO THE HONORABLE JUDGES OF SAID COURT: The Petitioner, Nancyyvette Stewart, by and through her attorney, Brian K. r---:l <= ,= Q;) ~~ :~Fj ,.;"" Zellner, Esquire, presents this Petition to this Honorable Court for the appointment of a permanent guardian of the person and the estate of YVETTE J. HARNER, an alleged incapacitated person, and respectfully represents that: 1. Nancyyvette Stewart (hereafter "Petitioner") is the daughter of the alleged incapacitated person, who resides at 711 Coolidge Street, New Cumberland, Cumberland County, PA, 17070. 2. YVETTER J. HARNER, the alleged incapacitated person, is a widow who was born on July 5, 1926. She currently is 81 years old and resides at the Woods at Cedar Run, 824 Lisburn Road, Camp Hill, PA 17011. c;' ~ -0 ::::0 N U1 ~ -..... \..0 .. F ~ 3. Petitioner is an interested party because YVETTE J. HARNER, the alleged incapacitated person, is her mother. 4. Because the alleged incapacitated person resides in Cumberland County, this Court has jurisdiction pursuant to 9711 (1 0) of Title 20, the Probate, Estates and Fiduciary Code, of the Pennsylvania Consolidated Statutes. 5. To the best of Petitioner's knowledge, information, and belief, YVETTE J. HARNER, the alleged incapacitated person, Petitioner is the only living next of kin. 6. The extent and nature of assets comprising the estate of the alleged incapacitated person is not known at this time. 7. To the best of Petitioner's knowledge, information and belief, YVETTE J. HARNER, the alleged incapacitated person, was not a member of the Armed Service of the United States and therefore is not receiving any benefits from the United States Veterans' Administrations. 8. The alleged incapacitated person's long time treating physician is: Jamie L. Hettick, M.D. 4319 Londonderry Road Harrisburg, PA 17109 9. YVETTE J. HARNER, the alleged incapacitated person, has been diagnosed by Dr. Hettick as suffering from senile dementia. Said mental condition causes her incapacity and requires that she receive 24-hour-a-day care. 10. Petitioner is the current power-of-attorney. 11. Because of the onset of senile dementia and other mental conditions, there are no less restrictive alternatives to appointment of a guardian of the estate and person of the alleged incapacitated person. 12. Because of the mental conditions setforth in paragraph 9, YVETTE J. HARNER, the alleged incapacitated person, is totally unable to mange or even appreciate the significance of her financial affairs, property and business and to make and communicate any decisions relating thereto, including the ability to communicate her need for assistance in these areas. 13. Because of the mental conditions as set forth in paragraph 9, the alleged incapacitated person lacks the capacity to make or communicate any responsible decisions concerning her person and is unable to attend to her personal hygiene or to keep herself properly nourished and hydrated or communicate to others her need for assistance in these areas. 14. Because of the severity of her mental conditions as set forth in paragraph 9, assistance of other persons or services would not enable the alleged incapacitated person to participate in the making of any decisions concerning her estate or person. 15. The severity of her senile dementia requires that a plenary guardian be appointed to manage the estate of YVETTE J. HARNER, an alleged incapacitate person. Said guardian should be appointed to manage and handle all aspects of her estate, specifically including, but not limited to: all issues relating to her cash; checks in any bank or savings account held in her name; her stocks and bonds, if any; her personal property; her real estate, if any; her life and other insurance of which she is a beneficiary; her entitlement to any government or non-government benefit plans; federal, state, local taxes; trust accounts of which she is a beneficiary; claims made or claims to be made on her behalf or against her; the execution of documents; the entry into contracts affecting her and the payment of reasonable compensation or costs to provide services for her. 16. The severity of the alleged incapacitated person's mental condition mandates that a plenary guardian of her person be appointed to handle all issues relating to the person of YVETTE J. HARNER, the alleged incapacitated person, specifically including, but not limited to: her living arrangements; her medical and psychiatric care; the administration of medication to her; and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists, and other professionals for her physical and mental treatment and care. 17. The proposed guardian of the estate of YVETTE J. HARNER is her daughter, NANCYYVETTE STEWART. Nancyyvette Stewart does not have any adverse interest to the alleged incapacitated person and an acceptance to serve as guardian of the estate is attached hereto. 18. The Petitioner is not aware of any advance health care directive of the alleged incapacitated person. 19. To the best of Petitioner's knowledge, information, and belief, no other Court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person nor has a guardian already been appointed for YVETTE J. HARNER, the alleged incapacitated person. 20. Pursuant to Section 5122 (d), Title 20, of the Pennsylvania Consolidated Statutes, the Court may dispense with the requirement of a bond when for cause shown the Court finds that no bond is necessary. 21. Nancyyevette Stewart has no adverse interest to the alleged incapacitated person and thus does not present a situation that generally would require imposition of a bond. WHEREFORE, the Petitioner prays that a Citation be issued and directed to YVETTE J. HARNER, the alleged incapacitated person, with Notice of Personal Service to the alleged incapacitated person, to show cause why she should not be judged a totally incapacitated person, Nancyyette Stewart should not be appointed permanent plenary guardian of her estate and her person, and why the Court should not dispense with the requirement that the proposed guardian obtain a bond. AND notice via certified mail, return receipt requested, to be given to any next of kin or party of interest whose existence becomes known after the filing of this Petition and before the scheduled hearing; and, to be given to Nancyyvette Stewart. Respectfully submitted, Date: J.l1'~/og ILk~ Brian K. Zellner, Esquire Attorney I D #59262 HYNUM LAW 315 Bridge Street, Lower Level New Cumberland, PA 17070 (717) 774-1357 Attorney for the Petitioner IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION O.C. NO. '~I- 0 ~ - C410 l ESTATE OF YVETTE J. HARNER AN ALLEGED INCAPACITATED PERSON PETITION UNDER S 5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE YVETTE J. HARNER TO BE TOTALLY INCAPACITATED AND APPOINT A GUARDIAN FOR HER ESTATE AND HER PERSON ACCEPTANCE OF PROPOSED PLENARY GUARDIAN OF THE PERSON I, Nancyyvette Stewart, proposed plenary guardian of the Person of Yvette J. Harner, the alleged incapacitated person, agree to accept the appointment as permanent plenary guardian of the person and aver that: 1. The proposed guardian is the daughter of the alleged incapacitated person, who resides at New Cumberland, Pennsylvania. 2. Nancyyvette Stewart does not have an interest in nor is she the fiduciary of any estate in which the alleged incapacitated person has an interest; and, 3. Nancyyvette Stewart has no interest adverse to that of Yvette J. Harner, the alleged incapacitated person. DATED:~;f /f; ?Ll'ft '2/J1C~~~d&it ancyyv Stewart VERIFICA liON I, Nancyyvette Stewart, Petitioner, in this matter, and do hereby verify that the facts contained in the foregoing Petition are true and correct to be best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Dated:ljoz{llfj2fti~ ~~j- - anc e Stewart