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HomeMy WebLinkAbout04-25-08 IN RE: MOLLY J. SCHOCKO : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. :11- 08 - 0 L/7V n c::;~=>. ',:C :1 =-;:!CJ On the Petition of SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO '~S~ ~ ,-,.I /......... ....., = <= <= :> '-0 ::u N C..r1 :n roe; (~3 /.~-) ",':-J , '"1 , , i~'-! _i"j ::-:J --..;" .Jl.... ~-:,-;.2 -'1 ::~:~ , c:~::--) ,-~-;'>,:' -n PETITION FOR APPOINTMENT OF CO-GUARDIANS OF THE:1 PERSON AND ESTATE OF AN ALLEGED INCAPACITATED PERSON -u - .. U1 N TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT: NOW COME, Petitioners, SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO, of209 Locust Street, Enola, Pennsylvania 17025, by and through their attorney, Marci S. Miller, Esquire, and file the within Petition for the Appointment of Co-Guardians of the Person and Estate of an Alleged Incapacitated Person, and in support hereof, aver as follows: 1. MOLL Y J. SCHOCKO, the alleged incapacitated person, currently resides with Petitioners at 209 Locust Street, Enola, Pennsylvania 17025. She is eighteen (18) years old, her date of birth being March 30, 1990. 2. MOLL Y J. SCHOCKO is not married and does not have children. 3. MOLLY J. SCHOCKO is not a patient in a mental hospital. 4. The Petitioners are MOLLY 1. SHOCKO's parents, SUSAN M. SCHOCKO and STEPHEN 1. SCHOCKO, of 209 Locust Street, Enola, Pennsylvania 17025. 5. The names and addresses of those persons who would be the intestate heirs (or next of kin) of MOLLY J. SCHOCKO are her parents, the Petitioners herein, Susan M. Schocko and Stephen 1. Schocko, of 209 Locust Street, Enola, Pennsylvania 17025. 6. The name and address of the person or institution providing residential services to MOLL Y J. SCHOKCO are her parents, Susan M. Schocko and Stephen J. Schocko, of209 Locust Street, Enola, Pennsylvania 17025. 7. The names and addresses of other service providers are as follows: Beth Freeman, Caseworker, Cumberland/Perry Counties MH/MR Program, 16 West High Street, Carlisle, Pennsylvania 17013. 8. MOLLY J. SCHOCKO's primary physician is: Denise Telford-Wren, M.D., University Physicians' Group, 1 Continental Drive, Elizabethtown, Pennsylvania 17022; (717) 361- 0666. MOLLY 1. SCHOCKO's neurologist is: Stephen Gottlieb, M.D., 2108 Harrisburg Pike, Suite 315, Lancaster, Pennsylvania 17604; (717) 544-3547. 9. MOLL Y J. SCHOCKO was not a member of the Armed Services ofthe United States nor is she receiving benefits from the United States Veterans Administration. 10. The Petitioners, SUSAN M. SCHOCKO and STEPHEN 1. SCHOCKO, ask that they be appointed as Co-Guardians, acting jointly and/or individually for the person and estate of MOLL Y J. SCHOCKO. The proposed Co-Guardians are the parents of MOLL Y J. SCHOCKO. 11. The proposed Co-Guardians have no interests that are adverse to the interests of MOLLY J. SCHOCKO. 12. Petitioners believe, and therefore aver, that no Court has ever assumed jurisdiction in a proceeding to determine whether MOLLY 1. SCHOCKO is incapacitated. 13. Petitioners believe, and therefore aver, that MOLLY 1. SCHOCKO has not previously had a guardian appointed, nor is a guardianship hearing pending in any other jurisdiction. 14. The reasons why this guardianship is being sought are as follows: MOLL Y J. SCHOCKO is unable to manage her financial affairs or to make decisions regarding health care/medical decisions, due to having a diagnosis of Cerebral Palsy and mental retardation. 15. The functional limitations and physical and mental condition of MOLLY 1. SCHOCKO are: MOLLY J. SCHOCKO is not able to manage her financial affairs, nor is she able to make competent decisions regarding her welfare. MOLLY J. SCHOCKO requires a high level of assistance with all of her activities of daily living. 16. The following steps have been taken in order to find less restrictive alternative to the appointment of a guardian: MOLLY J. SCHOCKO is not competent to execute a power of attorney. No less restrictive alternatives are available to adequately provide for the physical and financial care of MOLLY J. SCHOCKO. 17. The Petitioners requests that they, in their capacity as plenary Co-Guardians (jointly and/or individually) ofthe Person and Estate of MOLL Y 1. SCHOCKO, be granted powers to act for MOLL Y 1. SCHOCKO in the following specific areas: financial management, and medical and health care affairs including care and placement decisions, access to all medical records, including psychiatric records, and the power to make all decisions regarding medical treatment and life support. 18. Petitioners also requests that they, in their capacity as plenary Co-Guardians (jointly and/or individually) of the Person and Estate of MOLLY J. SCHOCKO, have the power and authority to serve as personal representatives (jointly and/or individually) for MOLLY 1. SCHOCKO for all purposes of the Health Insurance Portability and Accountability Act of 1996, (Pub.L.l 04-191), 45 CFR Sections 160 through 164, including but not limited to full authority to review her medical records and to execute releases of confidential information from medical providers and insurers or other third party payors. 19. The proposed Co-Guardians have the following qualifications: The proposed Co- Guardians are the parents and primary caregivers of MOLLY 1. SCHOCKO. The proposed Co- Guardians love and care for MOLLY J. SCHOCKO. 20. MOLL Y J. SCHOCKO's assets total approximately One Thousand Dollars ($1,000.00). 21. MOLLY 1. SCHOCKO has no income. Petitioners respectfully request that the Court, under Section 5511 ofthe Probate, Estates and Fiduciaries Code, issue a Citation to MOLLY J. SCHOCKO and to such other persons as the Court directs, to show cause why MOLLY J. SCHOCKO should not be adjudged to be an incapacitated person and plenary Co-Guardians of her person and estate be appointed. Respectfully submitted, Date: ~08 By: Marci S. MIller, Esquire Attorney for Petitioners Court ID No. 204083 Hazen Elder Law 2000 Linglestown Road, Suite 202 Harrisburg, Pennsylvania 17110 (717)540-4332 COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF DAUPHIN On this, the 15.f~ day of ~rl I ,2008, before me, the undersigned officer, personally appeared SUSAN M. SCHOCKO who, being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. __~M/~-->f~ SUSAN M. SCHOCKO COMMONWEALTH OF PENNSYLVANIA Notarial Seal Melissa M. Kain, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Aug. 11, 2010 IS~ day of A-f~.'/ L/W(A/~ L/l1 ~~ Notary Public ,2008. SWORN to and subscribed before me this COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF DAUPHIN On this, the 15 ~ day of A p r; \ , 2008, before me, the undersigned officer, personally appeared STEPHEN J. SCHOCKO who, being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. STEP~~~J~~ SWORN to and subscribed before me this !<<) -h day of ft~.. / ,2008. ~~~ Lf/1. ~-{ Notary Public COMMONWEALTH OF PENNSYl VANIA Notarial Seal Melissa M. Kain, Notary Public ,;usquehan~ Twp., Dauphin County Y CommISSIon Expires Aug. 11, 2010 IN RE: MOLLY J. SCHOCKO : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION An alleged incapacitated person :NO. :2/- Of - ()i.) 7l( On the Petition of SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO 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 P A.C.S. S 4904, relating to unsworn falsification to authorities. ~<.l/1~~ SUSAN M. SCHOCKO 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 P A.C.S. S 4904, relating to unsworn falsification to authorities. ~~i~Uf STEPHE J. S HOCKO IN RE: MOLLY J. SCHOCKO : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION An alleged incapacitated person :NO. (l/- of-OY7Y On the Petition of SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO CONSENT OF SUSAN M. SCHOCKO TO APPOINTMENT AS CO-GUARDIAN 1. The name of the proposed Co-Guardian of the Person of MOLL Y 1. SCHOCKO is SUSAN M. SCHOCKO. 2. The name of the proposed Co-Guardian of the Estate of MOLLY 1. SCHOCKO is SUSAN M. SCHOCKO. 3. The proposed Co-Guardian speaks, reads and writes the English language. 4. The proposed Co-Guardian does not have an interest adverse to the alleged incapacitated person. 5. Nurse. The proposed Co-Guardian is employed with Pinnacle Health as a Licensed Practical 6. The proposed Co-Guardian is not a fiduciary, or officer or employee of a corporate fiduciary of an estate in which the alleged incapacitated person has an interest; and is not the surety, or officer or employee of a corporate surety of such fiduciary. Dated:~/6'1 c;!06g ~~9~~ SUSAN M. SCHOCKO IN RE: MOLLY J. SCHOCKO : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION An alleged incapacitated person :NO. ell -Of -0 '17t! On the Petition of SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO CONSENT OF STEPHEN J. SCHOCKO TO APPOINTMENT AS CO-GUARDIAN 1. The name ofthe proposed Co-Guardian of the Person of MOLL Y J. SCHOCKO is STEPHEN J. SCHOCKO. 2. The name of the proposed Co-Guardian of the Estate of MOLL Y J. SCHOCKO is STEPHEN J. SCHOCKO. 3. The proposed Co-Guardian speaks, reads and writes the English language. 4. The proposed Co-Guardian does not have an interest adverse to the alleged incapacitated person. 5. instructor. The proposed Co-Guardian is employed with AAA School of Trucking as a driving 6. The proposed Co-Guardian is not a fiduciary, or officer or employee of a corporate fiduciary of an estate in which the alleged incapacitated person has an interest; and is not the surety, or officer or employee of a corporate surety of such fiduciary. Dated: ~J 'l1J 1006 I STE~t~~