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HomeMy WebLinkAbout05-09-08 (2)' IN RE: MOLLY J. SCHOCKO : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION An alleged incapacitated person : NO. 21-08-0474 On the Petition of SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO PROOF OF SERVICE OF CITATION I, Marci S. Miller, Esquire, attorney for Petitioners, hereby certify that service of a copy of the Citation and Petition, a copy of which is attached, was made on Molly J. Schocko, by reading a copy of it to her and hand delivering a copy to her on May 7, 2008, at 2:00 p.m. at the offices of Hazen Elder Law, located at 2000 Linglestown Road, Suite 202, Harrisburg, Pennsylvania, 17110. The Petition and Citation were read and explained to the alleged incapacitated person, to the maximum extent possible, in language and terms she was likely to understand. Respectfully Submitted, hg Date Marci S. Miller, Esq. Attorney for Petitioners PA I.D. 204083 Hazen Elder Law 2000 Linglestown Road,Suite 202 Harrisburg, PA 17110 (717) 540-4332 c-~ -o ~ ~ l , ~ ~ ~~ ~ ~ ~ :~± ~ O ~ <: a . _ : - ~ .. T7 ~" ' ~:_~ N ,_~ IN RE: Molly J. Schocko, An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-08-0474 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your rights will be affected, including your right to manage money and property and to make decisions. A copy of the petition which has been filed by Susan M Schocko and Stephen J Schocko on the behalf of their attorney Marci S. Miller, Esq. is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. 4, Cumberland County Courthouse, Carlisle, Pennsylvania, on May 30 , 2008, at 3:00 P.M. to tell the Court why it should not find you to be an incapacitated Person and appoint a Guardian to act on your behalf. To be an incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decisions about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation as to your alleged incapacity. ,~ '. If the Court decides that you are an Incapacitated person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited of full powers to act for you. If the court finds you are totally incapacitated, your legal rights will be affected and you will not be able to make a contract or gift of your money to other property. If the court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney representing you) the court will still hold the hearing in your absence and may appoint the Guardian requested. Date: 04/29/08 By: Cle ,Orphans' Court Division Cumberland County, Carlisle, PA My Commission Expires 1St Monday, January, 2010 ~~ <,, ~« .~i .w ~. ,». ~~ IN RE: MOLLY J. SCHOCKO An alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION :NO. ~~~-Gt~~ ~)~~`~ On the Petition of SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO PRELIMINARY ORDER OF COURT AND NOW, this v2`!~ da}~ of t , 2008, the foregoing Petition having been presented in open Court, upon consideration thereof and on motion of Marci S. Miller, Esquire, Counsel for the Petitioners, it is ORDERED and DECREED that a Citation be awarded, directed to MOLLY J. SCHOCKO to show cause why she should not be adjudged an incapacitated person and plenary Co-Guardians of her Estate and Person be appointed, returnable y ~d , 2008 at 3- ~ o'clock,/~M., prevailing time. The time and place of hearing on the Petition For Appointment of Co-Guardians of the Estate and Person of the Alleged Incapacitated Person are fixed for ~}1 Jd _, 2008, at o'clock,/~M., prevailing time, in the Orphans' Court Division, Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania 17013] ~/Y~ ~• ~ y At least twenty (20) days', written notice of the hearing shall be given to MOLLY J. SCHOCKO, the alleged incapacitated person, by serving her personally with the Citation and this Order of Court and a copy of the foregoing Petition together with an explanation of the content and terms of the Petition; and at least days' written notice of the Petition and hearing shall also be given to the next of kin and to the following Parties in interest: None. :~ ~~ ,_r ~~ ~ ~~~_ BY THE COURT: n- c, ~~ -`~ cu `; __ ~~ c~. ' J. c? ~; __ r C, 3:~ IN RE: MOLLY J. SCHOCKO An alleged incapacitated person 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. ~ l - 0~ - D ~l7 `/ ~-~~~ • _T7 ~ i --- On the Petition of SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO ~=- T, ::J /ti ~• '~. . ', -n TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT: N C.7 ',1 C~ Q _,__ 3 ~; Zy _ ~~ i ~ -',7 N cr _-~ .) ~a __ . •''_ _ ; _ :. i ?l ~ -i l N NOW COME, Petitioners, SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO, of 209 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: I. MOLLY 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. MOLLY 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 J. SHOCKO's parents, SUSAN M. SCHOCKO and STEPHEN J. 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 J. Schocko, of 209 Locust Street, Enola, Pennsylvania 17025. 6. The name and address of the person or institution providing residential services to MOLLY J. SCHOKCO are her parents, Susan M. Schocko and Stephen J. Schocko, of 209 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, Cariisie, 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 J. SCHOCKO's neurologist is: Stephen Gottlieb, M.D., 2108 Harrisburg Pike, Suite 315, Lancaster, Pennsylvania 17604; (717) 544-3547. 9. MOLLY J. SCHOCKO was not a member of the Armed Services of the United States nor is she receiving benefts from the United States Veterans Administration. 10. The Petitioners, SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO, ask that they be appointed as Co-Guardians, acting jointly and/or individually for the person and estate of MOLLY J. SCHOCKO. The proposed Co-Guardians are the parents of MOLLY 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 J. SCHOCKO is incapacitated. 13. Petitioners believe, and therefore aver, that MOLLY J. 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: MOLLY 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 J. 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) of the Person and Estate of MOLLY J. SCHOCKO, be granted powers to act for MOLLY J. 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 J. SCHOCKO for all purposes of the Health Insurance Portability and Accountability Act of 1996, (Pub.L. l 04-] 91), 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 J. SCHOCKO. The proposed Co- Guardians love and care for MOLLY J. SCHOCKO. 20. MOLLY J. SCHOCKO's assets total approximately One Thousand Dollars ($1,000.00). 21. MOLLY J. SCHOCKO has no income. Petitioners respectfully request that the Court, under Section 5511 of the 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. Date: $ Respectfully submitted, By: Marci S. Miller, Esquire Attorney for Petitioners Court ID No. 204083 Hazen Elder Law 2000 Lirglestown Road, Suite 202 Harrisburg, Pennsylvania 17110 (717)540-4332 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN SS: On this, the ~ 5~~day of ~ Pr. ~ , 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. ~~~ io ~Q-Gtc~~~d~~fJK.B•C.J~c-s' SUSAN M. SCHOCKO SWORN to and subscribed before me this ~~~ day of ~~'• / , 2008. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Melissa M. Kain, Notary Public Susquehanna 7wp., Dauphin County My Commission E~ires Aug.11,2010 ~~~~-~ ~~ Notary Public COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DAUPHIN SS: On this, the I S~ day of ~ P ~- ~ , 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. STEPHE J. S HOCKO SWORN to and subscribed before me this ~~ ~t day of TT~. / , 2008. ~~~tiu~ ~~. ~-~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Melissa M. Kain, Notary Put~lic Susquehanna Twp., Dauphin County MY Commission Expires Aug. 11, 2010 IN RE: MOLLY J. SCHOCKO An alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. oC~"Q~r~~~7~ 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 PA.C.S. § 4904, relating to unsworn falsification to authorities. ~~l`~~ SUSAN M. SCHOCKO VERIFICATION I verify *..hat the statements made in this Petition are tn-e 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. STEPHE J. S HOCKO IN RE: MOLLY J. SCHOCKO An alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION :NO. ~~- ~d'C~~7~ 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 MOLLY J. SCHOCKO is SUSAN M. SCHOCKO. 2. The name of the proposed Co-Guardian of the Estate of MOLLY J. 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. The proposed Co-Guardian is employed with Pinnacle Health as a Licensed Practical Nurse. 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:~_~ ~luf'~, a00~ SUSAN M. SCHOCKO Ih1 RE: MOLLY J. SCHOCKO An alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 02l - 0~ --1~ y 7~f On the Petition of SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO CONSENT OF STEPHEN J. SCHOCKO TO APPOINTMENT AS CO-GUARDIAN 1. The name of the proposed Co-Guardian of the Person of MOLLY J. SCI ICCKO is STEPHEN J. SCHOCKO. 2. The name of the proposed Co-Guardian of the Estate of MOLLY 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. The proposed Co-Guardian is employed with AAA School of Trucking as a driving instructor. 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: ~ ~ 200 ~~l STEPH N J. CHOCKO