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Home My WebLink About03-05-09Neil Warner Yahn, Esquire Attorney I.D. No. fS2278 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 RUDN[CK SOCCER ra ~ ~ 'T, ~. O ~~ _ . ~ ; ~~; - r ~'7 ~{J };> r-- - ~ ; ~-i 1 ~_ ~ _ -~ ' L11 r _ '`~> ~ _ ~~ . - _ ~- . -• ~. -_ -= . . .,_, , ~~ :_.> , , ~ <~~ ~j~ _ i - a r7 --+ i < ,- i - IN THE COURT OF COMMON FLEAS OF~„t ''' CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 83 OC 2008 PROOF OF SERVICE OF STATEMENT OF RIGHTS I, Carol Rudnick Soller, being duly sworn according to law, depose and state that according to the terms of the Final Order of Court entered January 7, 2009, 1 read the Statement of Rights, a copy of which is attached hereto, to the alleged incapacitated person, and then explained the documents to him, to the maximum extent possible, in language and terms he was likely to understand. - / %~~- Carol Ru ick Soller Sworn to and subscribed before me this day of January, 2009. CC~MMC1r~lw~a.tl~ ~}~" ~~NiV~Y l~ IA j ~ _ Notarial Seal Denise M. Long, Notary Pubic N o tar Pub l i c Deny Twp., Dauphin County Y My Commission Expires May 25, 2011 Member, Pennsylvania Association of Notaries I verify that the statements made in this Proof of Service~e. true and correct. 1 understand that false statements herein are made subject to the penalties of 18 .Cons. Stat. §4904, relating to unsworn falsification to authorities. i ~ ~~ Date: i I ~ '-> Neil WarnertYahn, Esquire <r~ Neil Warner Yahn, 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 DIVISION No. 83 OC 2008 STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDIAN AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE FOR Y"OURSELF 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 AKE DENIED, YOU NAVE 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 PEKFORM 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 REPRF,SENTED 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. r ~ Neil Warner Yahn, Esquire Attorney I.D. No. 82278 James Smith Dietterick & Connelly, LLP P.O. Box 6~0 Hershey, PA 17033 Attorneys for Petitioner IN RE: HERBERT ISAAC SOCCER, an Incapacitated Person Oiv THE PETiTiOi~ OF CAROL RUDNICK SOCCER ZGn9 JAN -7 AM I I ~ 32 CLEF~C C~ dPPHA~~S COURT C~JC;~13~.Ri ~~~!U CO., PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 1 No. 83 OC 2008 FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN AND NOW, this ~ day of ~"~''~''"`"~ - , 2009, a Joint Stipulation having been filed with the Court on ~ ~°'~ ~ , 2009, and it appearing to the Court that Herbert Isaac Soller was served with a copy of the Joint Stipulation to obviate the need for a hearing scheduled for January 8, 2009, and further finds: That Herbert Isaac Soller suffers from extensive cardiac complications, renal failure, and episodes of metabolic encephalopathy, acondition or disability which totally impairs his capacity to receive and evaluate information effectively and to make and communicate decisions concerning his management of financial affairs or to meet essential requirements for his physical health and safety. 2. That there are insufficient supports available to assist Herbert Isaac Soller in such decisions and that there exists no other iess restrictive alternative mechanism fcr decision making. 3. That based on the total incapacity of Herbert Isaac Soller to receive and evaluate information and to make or communicate decisions, a plenary Guardian of the Person and a plenary Guardian 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 HERBERT ISAAC SOCCER be and is hereby adjudged a totally incapacitated person andi~~~~~~,,~I~UD~1>~CK ,.. ; ; An i"r::stimanese~~t~o~o E.,,:;:y.~~~Gc~ set my hand and the s~ai of sai aura a,~Cariisie, ~ This ~'"`day ~~~ ~ ~~ f ~, ``---i~ ~'iark , .1ar;:~f~Cartr..c~l~/ ~ ~" ~SAe9:rlh:fl~.,~iG t„6:._alG•, SOCCER is appointed Plenary Permanent Guardian of the Person and CAROL RUDNICK SOCCER is appointed Plenary Permanent Guardian of the Estate. If there is a safe deposit box in the name of the incapacitated person alone or in the names of the incapacitated person and another or others, said safe deposit box shall not be entered by the guardian except in the presence of a representative of the financial institution where the box is located or in the presence of a representative of the Orphans' Court Division. The representative present at the time of entry shall make or cause to be made a record of the incapacitated person's property, and said record shall be filed with the Clerk of the Orphans' Court Division. None of the incapacitated person's property may be removed until after the aforesaid inventory is completed. A reasonable fee for the services of the representative maybe made and shall be payable from the estate of the incapacitated person. If the safe deposit box is jointly owned, five (5) days notice of the proposed entry shall be given to the other owners by the guardian. An Inventory must be filed within ninety (90) days. A report by each Guardian shall be filed annually thereafter. A Surety Bond is not required. Herbert Isaac Soller, 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. Because Herbert Isaac Soller was not present at this hearing on appointment of a guardian then petitioner shall serve upon and read to Herbert Isaac Soller 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 J. IN RF: In RE. HERBERT ISAAC SOCCER An Incapacitated Person CAROL RUDNICK SOCCER, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY~t~~~~d~ ORPHANS' COURT DIVISION NO. 83 OC 2008 ORDER OF COURT And now, this ~ da_y of ~_ , 2009, the attached Joint Stipulation is entered as an Order of Court ~IStY1tJ21h012 I,1Sl: Neil Warzier Yahn. Esquire, Jantes Sniiilz Diette~zek & Connelly, LLP, P.O. Box 650, Hershey, P,4 17033-0650 (717) .533-3280; Attorneys for Petitioner Elizabeth P. Mullaugh, Esquire, McNees Wallace & Nurick, LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, P,4 1 71 08-11 66, (717) 237-5243; .4ttonievs for Respondent e ~ ~~~,~~k~p .:~ ~~=y~r ~~a.sad arrd t4~~ seal .-T~s,S ~'oe~ at`~aeiisle, P~ , /'~ : ~ r r ~ Vf 9 ~ Lam/ .. _ t .; ~, a..r "s i'~iP ~-j na ro ~ F r ~ ~ ~ i~ 1 b "~ a N `- . - :~ 0 IN RE: In RE: HERBER"l' ISAAC SOCCER An Incapacitated Person CAROL RUDNICK SOCCER, Petitioner 1N TI-IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 83 OC 2008 JOINT STIPULATION Petitioner, Carol Rudnick Soller (herein "Petitioner" and/or "Carol"), by and through her attorneys, Neil W. Yahn of James, Smith, Dietterick & Connelly, LLP and Respondent, Herbert Isaac Soller ("Herbert") by and through his attorneys, Elizabeth P. Mullaugh of McNees, Wallace & Nurick LLC file this Joint Stipulation to obviate the need for a hearing on January 8, 2009 for the reasons as set forth herein. 1. Petitioner filed an Emergency Petition to Adjudicate Herbert Incapacitated and Appoint Temporary Guardian on or about November 19, 2008 consistent with 20 PA. C.S. §551 I (herein "Petition") set forth as Exhibit "A". 2. Subsequently, a hearing was held after proper notice and an Order was issued therefrom as further reflected in the attached Exhibit "B". 3. In the Order, this Honorable Court appointed the Petitioner as Temporary ~~ Guardian of both Herbert's person and estate pending the adjudication of a full ~o ng. -~~ ~- 4. The Order set a hearing for January 8, 2009 at 2:30 PM to address?tperm~ent _ _ appointment and proper notice was issued thereon. ` _`<" L_; -~ - ~~_ T, _,~ ~ _ ~ --~ .. ~> - 5. Herbert is incapacitated as a result of extensive cardiac complications, renal failure, and episodes of metabolic enccphalopathy as discussed in further detail in the Petition. b. Additional testing was performed on December 27, 2008 by Dr. Thomas G. Bowers, Ph.D., to determine whether the pattern of functioning was permanent or temporary due to the earlier issues with enccphalopathy. 7. Dr. Bowers concluded the pattern of functioning was permanent and likely to further deteriorate. A copy of Dr. Bowers' report is attached as Exhibit "C". 8. As per 20 PA C.S. §5511, Dr. John Hume, M.D. testified at the emergency hearing, and in his opinion dated November 8, 2008, that Herbert's presence in the courtroom would be undesirable for both mental and physical reasons. 9. Petitioner represents as of the date hereof, Dr. Hume has not changed his position with regard to the presence of Herbert at any hearing (a copy of Dr. Hume's report was submitted to the court as evidence at the emergency hearing and is attached hereto byway of reference as Exhibit "D"). 10. Petitioner represents adequate notice has been provided to Herbert's intestate heirs and a copy of this proposed joint stipulation was mailed to them via overnight mail on January 2, 2009 to obviate the need for a hearing. 11. Petitioner will garner the documents to complete an inventory and accounting as per 20 Pa. C.S. §5512.3. 12. Counsel for Herbert agrees adequate notice has been provided and that objections will not be filed as to the appointment of Carol as permanent guardian of the estate and person of Herbert as further reflected in the attached proposed Order set forth as Exhibit "E". dAIVIES, S1~ITI~, DIETTERICI{ & CONNE~.~[..Y LLP 1 By: Neil warn ~Y'ahn Attorney I. . #82278 P.C~. Box 6 0 Hershey, P 17033-0650 MCNEES, WALLACE & NURICK, L]LC y. ~zabeth P. __ Attorney LD. #76397 100 Yine Street Harrisburg, PA 17108-1166