HomeMy WebLinkAbout05-30-08,APB 2 51DD6
IN Imo: MOLLY J. SCHOCKO : IN THE COURT OF COMMON PLEAS
.L : OF CUMBERLAND COUNTY,
~?_- _ :PENNSYLVANIA
~- '-', ~ ~ :ORPHANS' COURT DIVISION
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-- Ai~.~aIleged incapacitated person : NO. o~ ~ - (~ b " ~`~ ~`1
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On fhe Petitio of SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO
FINAL ORDER OF COURT APPOINTING PLENARY CO-GUARDIANS
AND NOW, this 30' day of /h , 2008, a hearing in this case having been
held on 30` , 2008 at 3 ~f./p.m., and it appearing to the Court that MOLLY J.
SCHOCKO was served with a Citation and Notice of this hearing on , 2008, the Court
finds from the testimony:
1. That MOLLY J. SCHOCKO suffers from Cerebral Palsy and mental retardation,
which are conditions that impair her capacity to receive and evaluate information effectively and to
make and communicate decisions concerning her management of financial affairs or to meet
essential requirements for her physical health and safety.
2. That there are insufficient supports available to assist MOLLY J. SCHOCKO in such
decisions and that there exists no other less restrictive alternative mechanisms for decision-making.
3. That based on the incapacity of MOLLY J. SCHOCKO to receive and evaluate
information and to make or communicate decisions, plenary Co-Guardians of the Person and plenary
Co-Guardians of the Estate are required on a permanent basis.
NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing
findings it is ORDERED, ADJUDGED and DECREED that MOLLY J. SCHOCKO be and is
hereby adjudged an incapacitated person, and that SUSAN M. SCHOCKO and STEVEN J.
SCHOCKO are appointed jointly and/or individually as Plenary Permanent Co-Guardians of the
Person and Estate of MOLLY J. SCHOCKO. As Plenary Permanent Co-Guardians of the Person,
SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO have the authority, jointly and/or
individually, to access all of MOLLY J. SCHOCKO's medical records, including but not limited to
psychiatric records, and to request and/or terminate an out-of-hospital do-not-resuscitate order on
behalf of MOLLY J. SCHOCKO, in accordance with Pennsylvania law. Further, as Co-Guardians of
the Person, SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO shall have the power and
authority, jointly and/or individually, to serve as personal representatives for all purposes of the
Health Insurance Portability and Accountability Act of 1996, (Pub.L.104-191), 45 CFR Sections 160
through 164 ("HIPAA"). The Co-Guardians shall be considered the personal representatives, jointly
and/or individually, for MOLLY J. SCHOCKO's heath care disclosures under the 2004 federal
HIPAA regulations and shall have full authority to review MOLLY J. SCHOCKO's medical records
and to execute releases of confidential information from medical providers and insurers or other third
party payors.
As Co-Guardians of the Estate, SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO shall
have the authority, jointly and/or individually, to make distributions from principal for the payment
of care expenses, and all medical needs. In addition, SUSAN M. SCHOCKO and STEPHEN J.
SCHOCKO shall have the authority, jointly and/or individually, to make distributions from principal
for legal fees and medical insurance premiums.
An Inventory must be filed within ninety (90) days. A report by the Co-Guardians, jointly
and/or individually, shall be filed within twelve (12) months and annually thereafter.
Bond in the amount of "- ~ "- shall be posted by the Co-Guardians.
MOLLY J. SCHOCKO, an incapacitated person, has the right to appeal this Order of Court
by filing exceptions within ten (10) days of this date or to petition this Court for a review hearing to
modify or terminate the guardianship herein established.
If MOLLY J. SCHOCKO was not present at this hearing on appointment of Co-Guardians,
then Petitioner shall serve upon and read to MOLLY J. SCHOCKO the Statement of Rights, a copy
of which is attached to this Order as Exhibit "A", and file proof of such service with this Court
within ten (10) days.
BY THE COURT:
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IN RE: MOLLY J. SCHOCKO
An alleged incapacitated person
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. ~I"a~`~77`7
On the Petition of SUSAN M. SCHOCKO and STEPHEN J. SCHOCKO
STATEMENT OF RIGHTS UPON APPOINTMENT OF CO-GUARDIANS
AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN
INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MANAGE
YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE
COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE OF THE COURT'S ORDER IF
YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT
THAT YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE
AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE OF
THE DENIAL OF THE EXCEPTIONS.
IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO
MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR
CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HIS/HER DUTIES IN
ACCORDANCE WITH THE COURT'S ORDER.
IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO MODIFY
OR TERMINATE THE GUARDIANSHIP, YOU HAVE THE RIGHT TO BE REPRESENTED BY
AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT
ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE SERVICES
OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU MAY BE PROVIDED
AT NO COST TO YOU.
Exhibit "A"
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: MOLLY J SCHOCKO
AN ALLEGED INCAPACITATED PERSON CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-08-0474
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 05/30/08
JUDGE'S INITIALS:
TIME STAMP DATE: 05/30/08
IN RE; FINAL ORDER OF COURT APPOINTING PLENARY CO GUARDIANS
SERVICE TO: SUSAN M SCHOCKO MARCI MILLER
STEPHENSCHOCKO
MOLLY SCHOCKO
METHOD OF MAILING: ENVELOPES PROVIDED BY:
^ USPS
^ RRR
® HAND DELIVERED
^ OTHER __
MAILED: 05/30/08
SERVICE TO:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
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Deputy
Clerk of Orphans' Court