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Home My WebLink About11-19-08Neil Warner Yahn, Esquire ~ Attorne I.D. No. 82278 C7 '~ -`~ James Smith Dietterick & Connelly, LLP ~,~ ~ ~' P.O. Box 650 ~ T' n ~ ~~~. ~? Hershey, PA 17033 . ~-~ -- , ~ ~C! ~ t ~ "' ~' ~ ..: ~ .. Attorneys for Petitioner _ _ '.~% ~. ,,--. ,-~ IN RE: HERBERT ISAAC SOCCER an ) IN THE COURT OF COMMON PLUS OFN = ~=n , Incapacitated Person )CUMBERLAND COUNTY PEN~SYLVAN.IA ` ' `- , ) av )ORPHANS' COURT DI'/ISION ON THE PETITION OF CAROL ) RUDNICK SOCCER ) No. 83 OC 200f> EMERGENCY PETITION TO ADJUDICATE INCAPACITATED AND APPOINT TEMPORARY GUARDIAN OF THE PERSON AND ESTATE TO THE HONORABLE JUDGE OF SAID COURT: Herbert Isaac Soller ("HerberY~, the alleged incapacitated person, with an address of 7 Saratoga Place, Camp Hill, Cumberland County, Pennsylvania 17011 and is currently residing at the Bridges at Bent Creek, 2100 Bent Creek Boulevard, Mechanicsburg, Pennsylvania, 17050. 2. Herbert is 71 years old and was born on March 14, 1937. 3. Herbert is incapacitated as a result of extensive cardiac complications, renal failure, and episodes of metabolic encephalopathy. 4. Herbert also suffers from frequent episodes of hallucinations as he has developed into the early stages of Alzheimer's Disease. 5. Herbert's primary care physician, namely Dr. Steven Prophet, MD, has advised that as Herbert's kidney failure progresses and metabolic wastes build up in the blood, Herbert may (or will} feel fatigued and generally Teak and may become less mentally alert. Dr. Prophet has also stated that these symptoms progress as the blood becomes more acidic, a condition called acidosis. 6. Dr. Prophet also believes Herbert suffers from Encephalopathy resulting from the kidney failure, a condition in which the brain malfunetioris, which may ensue from the buildup of metabolic waste products in the blood. Dr. Prophet will testify that this condition may lead to confusion, lethargy, and seizures. 7. Herbert was again evaluated on November 4, 2008 at Holy Spirit Hospital, this time by Dr. John M. Hume. 8. Dr. Hume submitted his medical opinion of Herbert's condition in a written report on November 8, 2008 ("Hume Report"). A true and correct copy of the Hume Report will be presented at the hearing. 9. Dr. Hume opines, with a reasonable degree of medical certainty, that Herbert "is not able to receive and effectively evaluate information and communicate decisions, rendering him unable to manage money or othf;r property, or to make necessary decisions about where he will live, what medical care he gets or how his money will be spent." 10. Dr. Hume further states that "it would be undesirable for emotional, as well as physical reasons, for [Herbert] to be present in the court for guardianship hearing purposes." 11. Petitioner, Carol Rudnick Soller (the "Petitioner"), is an adult individual residing at 7 Saratoga Place, Camp Hill, Cumberland County, Pennsylvania 17011, and the 2 wife of Herbert for 46 years. 12. Herbert now requires skilled transitional nursing care and <~ guardian. 13. The names and addresses of the those persons other than tl~e Petitioner herewith who would be potential intestate heirs of Herbert are as follows: Jeffrey Alan Soller 3022 King Street Berkeley, CA 94703 Jonathan Mark Soller 23 Old Bristol Road New Hampton, NH 03256 Amy Lynne Soller 219 S. West Street Alexandria, VA 22314 14. Petitioner has no interests which are adverse to Herbert's interests and as of the date hereof, Jeffrey Alan Soller, Jonathan Mark Soller and Amy Lynne Soller have not presented any desire to serve as guardian of Herbert. 15. Petitioner believes this matter is ripe for this Honorable Court to intervene as Herbert is unable to make decisions for himself. 16. Petitioner avers that Herbert does not have a plenary guardian of his person and estate.. 17. Petitioner requests an emergency hearing be granted so that the Petitioner may be granted emergency plenary powers to act for Herbert in all matters of his person and estate until a full hearing can be set. 18. Petitioner will comply with the service of notice of a hearing upon Herbert 3 pursuant to 20 Pa. Cons. Stat. §5513. 19. Citations under §5511 shall be provided to Herbert, and t~~ such other persons as the Court directs, to show cause why a hearing should not: be held, why Herbert should not be adjudged to be an incapacitated person and emergency plenary guardian of his person and estate be appointed. 20. Petitioner will comply with filing for a plenary permanent guardianship of the person and estate within ten days of this filings and therefore requests this Honorable Court granted the emergency guardianship for such period until a full hearing for permanent guardianship can be heard. Respectfully submitted, DIETT ERICK Date: November _~~6 , 2008 By: eil W. Yahn Esquire ~ttorney I.D. .82278 ~4 Sipe Avenu mmelstow~; PA 17036 (7l7) 533-3280 Attorneys for Petitioner, Carol Rudnick Soller 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. On this, the _~~~' ~~ day of ~,~~ ~;,~~i~^ bi ~~ , 2008, before me, the undersigned officer, personally appeared CAROL RUDNICK SOCCER, Petitioner, 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. Carol Rudnick Soller SWORN to and subscribed before me this €Y~'~lay of,~~'„~~+~~~; , 2008. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHELLE ELLIOTT NOTARY PUBLIC DERRY TOWNSHIP DAUPHIN COUNTY MY COMMISSION EXPIRES JUNE 9 2011 Neil Warner Yahn, Esquire Attorney LD. No. 8227~i James Smith Dietterick & Connelly, LLP P.O. I3o~ ~~0 EIershey, PA 17033 Attorneys for Petitioner IN RE: HERBERT ISAAC SOCCER, an Incapacitated Person ON THE PE"CITION OF CAROL RUDNIC'K SOCCER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLTN"CY, PENNSYLVANIA ORPHANS' COURT DI~~ISION No. 83 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. f~4904, relating to unswoi°n falsification to authorities. Dated: ~~ , _, 2008 ~~~" ~/ Carol Rudm Soller ~~eil Warner Yahn, Esquire Attorney LD. Igo. 82278 James Smith Dietterick ~~ Connelly. LLP P.U. I3ox 650 Hershey, PA 17033 Attorneys for Petitioner IN RE: HERBERT ISAAC SOCCER, an Incapacitated Person ON THE PETITION OF CAROL RUDNICK SOCCER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 8 3 OC 2008 CERTIFICATE OF SERVICE I. NEIL WARNER YARN, Esquire, do hereby certify that I served a tnie and correct copy of the foregoing E1~IERGENCY PETITION TO ADJUDICATE INCAPACITATED AND APPOINT TEMPO RY GUARDIAN OF THE PERSON AND ESTATE upon the following below-n~a ed individuals by U.S. Mail, first class postage prepaid, at Hershey, Pennsylvania this ~ day of November, 2008. SERVED UPON: Carol Rudnick Soller 7 Saratoga Place Camp Hill, PA 17011 (717) 761-81 I9 Emergency Guardian of Herbert Isaac Soller Jeffrey Alan Soller 3022 King Street Berkeley, CA 94703 (510) 847-0174 Potential Intestate Heir of Herbert Isaa~~ Soller Jonathan Mark Soller 23 Old Bristol Road New Hampton, NH 03256 (603) 998-1947 Potential Intestate Heir of Herbert Isaac Soller Amy Lynne Soller 219 S. West Street Alexandria, VA 22314 (571) 338-1`i88 o ntial Intestate Heir of ert Isaac Soller NEIL ~ARNR YAHN, ESQUIRE Atton~lev LD. 82278 Neil Warner Yalu1, Esquire Attorney LD. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Petitioner IN RE: HERBERT ISAAC SOCCER, an Incapacitated Person ON THE PETITION OF CAROL RUDNICK SOCCER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DPVISION No. 83 OC 2008 CONSENT TO APPOINTMENT AS TEMPORARY GUARDIAN The name of the proposed guardian is Carol Rudnick Sol:~er. 2. The proposed guardian resides at 7 Saratoga Place, Camp Hill, Cumberland County, Pen~lsylvania 17011. 3. The proposed guardian is not 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 Herbert Isaac Soller. Dated: ~ ~ ~11~ , 2008 'ice Carol Rud ' k Soller