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HomeMy WebLinkAbout06-27-08Neil Warner Yahn, Esquire Attorney 1.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Petitioner IN RE: ALAN CHRISTOPHER EPLER, an Incapacitated Person ON THE PETITION OF CYNTHIA EPLER 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION r No. OC ~ I -2008-05 ~? n .~. ~ `? ~ ' = c-, ` ~~ r ` SV v , EMERGENCY PETITION TO ADJUDICATE l `=-= ~' ~" -, :,J ~ y. INCAPACITATED AND APPOINT J = t;a ;JARDIAN OF THE PERSON AND ESTATE PENDII~ A FUIci~ HEARING TO THE HONORABLE JUDGE OF SAID COURT: 1. Alan Christopher Epler ("Alan', the alleged incapacitated person, resides at l3 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Petitioner, Cynthia Epler (the "Petitioner"), is an adult individual residing at 13 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011, and the mother of Alan. 3. Alan is 30 years old and was born on August 16, 1977. 4. Alan is incapacitated as a result of Anaplastic Astracytoma (brain tumor)(see Exhibit "A"). 5. Alan is currently in the care of Andrews and Patel Associates, PC (specialists in Hematology and Medical Oncology). s ;-; -- ; ~ ~:_~ ~._, ~- ~-~ l f' ` ti ,- .--,r_, 6. Alan is currently separated from his wife, Amanda R. Epler who filed for divorce on May 6, 2008, citing the marriage as being irretrievably broken as further reflected in the attached Complaint set forth as Exhibit "B". 7. Alan was evaluated by Dr. Thomas Bowers, a licensed psychologist. 8. Consistent with the definition of "Incapacitated person" as per 20 PA C.S.A. 5501, Dr. Bowers has concluded that Alan's ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is unable to manage his financial resources or to meet essential requirements for his physical health and safety. 9. A copy of Dr. Bowers report will be completed on or before July 2, 2008 and presented to this Court and will present testimony telephonically as to Alan's mental condition. 10. Dr. Andrews will provide testimony telephonically that as Alan's tumor progresses, Alan may (or will) feel fatigued and generally weak and may become less mentally alert. 11. Due to Alan's incapacity, he is unable to adequately defend the Divorce Complaint and address any potential dissipation of marital assets. 12. Alan now requires a plenary guardian of his person and estate. 13. The names and addresses of the those persons other than the Petitioner herewith who would be potential intestate heirs of Alan are as follows: Amanda C. Epler 952 Hummel Avenue Lemoyne, Pennsylvania 17043 2 14. Amanda is not appropriate to serve as guardian given her adversarial position. 15. Petitioner has no interests which are adverse to Alan's interests and as of the date hereof, no others have presented any desire to serve as guardian of Alan. 16. Petitioner believes this matter is ripe for this Honorable Court to intervene as Alan is unable to make decisions for himself nor manage his day-to-day affairs. 17. Petitioner avers that Alan does not have a plenary guardian of his person and estate. 18. Petitioner will comply with the service of notice of a hearing upon Alan pursuant to 20 Pa. Cons. Stat. §5513. 19. Citations under §5511 shall be provided to Alan, and to such other persons as the Court directs, to show cause why a hearing should not be held, why Alan should not be adjudged to be an incapacitated person and emergency plenary guardian of his person and estate be appointed. 20. Petitioner requests upon the evidence presented herein emergency plenary powers to act as temporary guardian to act for Alan in all matters of his person and estate until a full hearing can be set or an emergency hearing be granted so that the Petitioner may be granted emergency plenary powers to act for Alan in all matters of his person and estate until a full hearing can be set. WHEREFORE, Petitioner requests this Honorable Court grant the emergency guardianship for such period until a full hearing for permanent guardianship can be heard or in the alternative, 3 order an emergency hearing so the Petitioner can be appointed as temporary guardian pending the adjudication of a permanent guardianship. Date: June Z'I , 2008 Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP By: _ N 1 ~'W. Ya Esquire rney LD. o. 82278 Sipe Av ue H melst , PA 17036 (71 3-3280 Attorneys for Petitioner, Cynthia Epler 4 EXHIBIT A IrIr~~ ~~.~` ~~t VV~. L'J CVVV II• ~ .encounter lntormation~ Report for ... 3912 Trlndle Rd Camp Hlll, PA 17011 Ph: 717.761-8740 Fax~717-761-8792 Andrews and Patel Associates, P.C. http:/lwww,andrewspatsl.com ~ oHice~andrawspotel.com A Thomas Andrews, MD • Shashlkant Patel, MD Kathryn Peroutka, MD • Margarita R, t3arels, MD Mary 3lmmonds, MD • Robert Gordon, MD . Roy A. Williams, MD • Mana Patel, PA-C Amy CIeCk, CRNP . t.orl Francte, PA-C P. OS4i065 Andxews and Patel, P.C. 4518 Union Deposit Rd Harrisburg, PA 17111 Ph: 717.528-1030 Fax: 7i 7-526-1032 Encounter informaflon Report #22179.0 - EPLER, ALAN*** Dr. A Thurnas Andrews, MD - 6/9/2008 General Information SS#: = DOB: 8/16/1977 Age: 30 Ph-H: 737-6190 Ph-W: ~ Status: Working Diagnosis DX 3/2005 - Anaplasttc Astracytoma - s/p crarnotomy ChronicjAttive problems Reason for V;s:t: On Chemotherapy _Standing Labs • CBC -EVERY iw Vitals Weight: 153 Ibs Weight Change: 0 Ibs BSA: 1.878 M2 WBC: 4 pLT: 200 Height: 72 in. Temp: 96.8 ° F HGB: 13.1 ANC: 2.6 Pulse: g p: / Interim Not®s • None SOAP Analysis Subjective: His wife has served divorce papers -his mother In now POA and wife put off the HHIPA Ilst. He has tolerated the camptosarwell -some nausea - a bit more delayed lately Objective: no new exam flndings Assessment: will be In NCI for next evaluation Plan see flow for q Z week doses '--~""""""~"-"""" • Chemotherapy Session - 6/9/2008 • Zofran 1 8 MG Tablet PO q6h As Needed Page 1 v# 2 r' AMANDA R. EPLER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNS~YLV'ANIA E~ ALAN EPLER, Defendant CIVIL ACTION- DIVORCE NOTICE T4 DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. Your are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment maybe entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the Office of the Prothonotary, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania . IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Court Administrator 4`~ Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 KRISTOPHER T. SMULL, ESQUIRE Robinson & Geraldo Sup. Ct. I.D. No. 69140 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110.5320 (717) 232-8525 -Phone (717) 232-5098 -Fax AMANDA R. EPLER, Plaintiff v. ALAN EPLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION- DIVORCE COMPLAINT UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. Plaintiff is Amanda R Epler, who currently resides at 952 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Alan Epler, who currently resides at 13 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The parties were married on the 8`~ day of August, 2004, in Hershey, Dauphin County, Pennsylvania. 5. Neither Parry is a member of the Armed Forces of the United States or any of its allies. 6. The marriage is irretrievably broken. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. 9. There have been no minor children born of this marriage. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301(c) of the Divorce Code. a~ s~~p~ Respectfully submitted, ROBINSON & GERALDO By: Kris er 1 E wire Attorney for Plaintiff i VERIFICATION I, Amanda R. Epler, verify that the statements made in the forgoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: ~r~~©~ ~~~i~- Amanda R. Epler 'g ~ W r ~ GMu W Q ~, ~ o --~o N g~ ~~ ~~ _~~ ~ ~ LJ ~ ~~ ~ -- W a AMANDA R. EPLER, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COL1N'TY, PENNSYLVANIA v. N0.08-2916 ALAN EPLER, Defendant ~ CML ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, John J. Connelly, Jr., Esquire, attorney for the above-named Defendant, acc t servic of the Complaint in Divorce on behalf of my client, Alan Epler. ~ e Dated: 5 ~ 3 ~g By: P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 (phone) (717) 298-2053 (fax) Attorneys for Defendant, Alan Epler JAMES, SMITH, DjETTERICK & C0IVNELLY, LLP r ohn .Conn ly, Jr. `~ eY . #15615 ("~ a CJ r _ °w -n ~ ~ -- - rr. .~ i n < -_ - N _a _4 Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Petitioner IN RE: ALAN CHRISTOPHER EPLER, an) IN THE COURT OF COMMON PLEAS OF Incapacitated Person )CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ON THE PETITION OF CYNTHIA ) EPLER ) No. OC 2008 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. Cons. Stat. §4904, relating to unsworn falsification to authorities. Dated: ~(~ , 2008 ' Cyn is Epler Neil Warner Yahn, Esquire Attorney 1.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Petitioner 1N RE: ALAN CHRISTOPHER EPLER, an) IN THE COURT OF COMMON PLEAS OF Incapacitated Person )CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ON THE PETITION OF CYNTHIA ) EPLER ) No. OC 2008 CERTIFICATE OF SERVICE I, NEIL WARNER YARN, Esquire, do hereby certify that I served a true and correct copy of the foregoing EMERGENCY PETITION TO ADJUDICATE INCAPACITATED AND APPOINT TEMPORARY GUARDIAN OF THE PERSON AND ESTATE PENDING A FULL HEARING upon the following below-named individuals by U.S. Mail, first class postage prepaid, at Hershey, Pennsylvania this ~` day of June, 2008. SERVED UPON: Amanda C. Epler 952 Hummel Avenue Lemoyne, Pennsylvania 17043 NEI);/' WANNER YAHN, ESQUIRE Att~rnev I #82278 Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Petitioner IN RE: ALAN CHRISTOPHER EPLER, an) IN THE COURT OF COMMON PLEAS OF Incapacitated Person )CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ON THE PETITION OF CYNTHIA ) EPLER ) No. OC 2008 CONSENT TO APPOINTMENT AS GUARDIAN 1. The name of the proposed guardian is Cynthia Epler. 2. The proposed guardian resides at 13 Colgate Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The proposed guardian is employed. 4. The proposed guardian speaks, reads and writes the English language. 5. The proposed guardian does not have an interest adverse to the alleged incapacitated person. 6. The proposed guardian is not a fiduciary, or an 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 an officer or employee of a corporate surety of such fiduciary. 7. The proposed guardian consents to act as guardian for Alan Christopher Epler. Dated:~~, 2008 ~'~ ~.,~ ~~ ~ v Cynthia Epler