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Home My WebLink About03-31-09DAVID S. FIESELER 101 SOUTH GEORGE STREET MECHANICSBURG, PA 17055 (717)766-8153 IN RE: MICHELE SARAH MAZER INCAPACITATED IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DAVID S. FIESELER AND LAURA A. CAMP-FIESELER PLAINTIFF AND CO-PLAINTIFF V S. MARK A. FIESELER c-~ ~~ ORPHANS COURT ` ° ~ r> ~.. GUARDIANSHIP `~~ _ '~ _: x, - _ ~ _U'-1 ~ .. ~' N F AND CHRISTINE A. FIESELER DEFENDANT AND CO-DEFENDANT D.R. N0.21 07 1169 PETITION TO MODIFY CUSTODY ORDER Petitioner is DAVID S. FIESELER is plaintiff in the custody complaint, and resides at 101 SOUTH GEORGE STREET, MECHANICSBURG, PA 17055. 2. Co-Petitioner is LAURA A. CAMP-FIESELER is co-plaintiff in the custody complaint, and resides at 101 SOUTH GEORGE STREET, MECHANICSBURG, PA 17055. 3. Petitioner is DAVID S. FIESELER and his DOB is March 3, 1963. He is biological father to Michele Sarah Mazer. 4. Co-Petitioner is LAURA A. CAMP-FIESELER and her DOB is December 8, 1964. She is wife to David S. Fieseler and step-mother to Michele Sarah Mazer. V_ V 5. Respondent is MARK A. FIESELER is defendant in the custody complaint, and resides at 423 WEST MAPLEWOOD AVENUE, MECHANICSBURG, PA 17055. 6. Co-Respondent is CHRISTINE A. FIESELER is co-defendant in the custody complaint, and resides at 423 WEST MAPLEWOOD AVENUE, MECHANICSBURG, PA 17055. 7. On the 23~d day of January, 2008, The Honorable M. L. Ebert, Jr., Entered the following order: It is further ordered and directed that Mark A. Fieseler, is hereby appointed plenary guardian, of the person and estate of his niece, Michele Sarah Mazer. If Mark Fieseler becomes unwilling, unable, or otherwise unavailable then Christine Fieseler is appointed secondary legal guardian of her person or estate. The posting of the bond in this matter is waived. The guardian shall hereafter comply with the reporting requirements of 20 Pa.C.S. Section 5521 (c). 8. The best interest of the child will be served by the court in modifying said order, because DUE TO MARK A. FIESELER AND CHRISTINE A. FIESLER'S EXTENSIVE WORK SCHEDULES AND FAMILY OBLIGATIONS, THEY ARE NO LONGER ABLE TO TAKE CARE OF TRIER DUTIES AS A LEGAL PLENARY GUARDIAN OR SECONDARY GUARDIAN TO MICHELE SARAH MAZER. 9. Petitioner and Co-Petitioner request that the order be changed to provide as follows: DAVID S. FIESELER IS APPOINTED LEGAL PLENARY GUARDIAN TO MICHELE SARAH MAZER AND LAURA A. CAMP-FIESELER APPOINTED SECONDARY LEGAL GUARDIAN. I, MARK A. FIESELER, HEREBY FREELY RELENQUISHES ALL RESPONSIBILITIES AS LEGAL PLENARY GUARDIAN TO MICHELE SARAH MAZER, TO HER BIOLOGICAL FATHER, DAVID S. FIESELER AND HER STEP- MOTHER, LAURA A. CAMP-FIESELER, WITHOUT ANY BIASES, PREDIJUDICES, OR RESERVATIONS. Date: ! S ~~~ ~ ~~%~~l>ly~~ ~CP.o~ Mark A. Fieseler, Defendant I, CHRISTINE A. FIESELER, HEREBY FREELY RELENQUISHES ALL RESPONSIBILITIES AS SECONDARY LEGAL GUARDIAN TO MICHELE SARAH MAZER, TO HER BIOLOGICAL FATHER, DAVID S. FIESELER AND HER STEP- MOTHER, LAURA A. CAMP-FIESELER„ WITHOUT ANY BIASES, PREDIJUDICES, OR RESERVATIONS. " 1 r -' i Date: ~'hristine A. Fieseler, Co- efendant i WHEREFORE, petitioner and co-petitioner prays this court to grant the petition to modify. Date: ~ ~ FP R L7°/ Date: ,~l / dcr^9 ~~ ,.~~ David S. Fieseler, Petitioner /lL~iL l A. Camp-Fieseler, Co-Petitioner 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 PA. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~~ F~~ ~ c~ q Date: ~ /~ % Date: ~,j ~Q~/ Date ~'~ ~~ ~~~/~" David S. Fieseler, Petitioner A. Camp-Fieseler, Coo-Petitioner Mark A. Fieseler, Defendant ~- ~ ~ ~~ ~~~ ~~~ ~~ Christine A. Fieseler, Co-Defendant Joseph B. Mazer, Michele Sarah Mazer's husband, is currently incarcerated at the Somerset State Correctional Institution in Somerset, Pennsylvania (Prison ID # DM 5606). His charges are as follows: PAROLE VIOLATION - 2 OFFENSE BURGLARY York County Criminal Docket - CR0000 1 1 8-07 CRIM TRES-BREAK INTO STRUCTURE York County Criminal Docket - CR0000118-07 THEFT BY UNLAW TAKING-MOVABLE PROP York County Criminal Docket - CR0000 1 1 8-07 CRIMINAL MISCHIEF -DAMAGE PROPERTY York County Criminal Docket - CR0000 1 1 8-07 THEFT PROPERTY LOST ETC BY MISTAKE York County Criminal Docket - CR0000094-07 CONSPIRE ACCESS DEVICE ISSD TO ANOTHER WHO DID NO York County Criminal Docket - CR0000094-07 ATTEMPTED ESCAPE York County Criminal Docket - CR0001078-07 POSS. INSTRUMENT OF CRIME W/IN"I' York County Criminal Docket - CR0001078-07 INSTITUT'L VAND'ISM EDUC FACIL York County Criminal Docket - CR0001078-07 CRIM'LMISOH-TAMPER W/ PROPERTY York County Criminal Docket - CR0001078-07 INMATE PROCURE ETC SELF W WEAPON York County Criminal Docket - CR0001078-07 CONSPIRE PERJURY York County Criminal Docket - CR0000557-07 CONSPIRE HINDER APP/PROSEC-FALSE INFO TO LEO York County Criminal Docket - CR0000557-07 CONSPIRE OBSTRUCT ADMIN LAW/OTHER GOVT FUNC York County Criminal Docket - CR0000557-07 ATTEMPTED ESCAPE York County Criminal Docket - CR0000754-07 POSS. INSTRUMENT OF CRIME W/INT York County Criminal Docket - CR0000754-07 INSTITUT'L VAND'ISM EDUC FACIL York County Criminal Docket - CR0000754-07 CRIM'LMISOH-TAMPER W/PROPERTY York County Criminal Docket - CR0000754-07 INMATE PROCURE ETC SELF W WEAPON York County Criminal Docket - CR0000754-07 INTIM WITNICT-WITHHOLD INFORMATION York County Criminal Docket - CR0000343-07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT OF PENNSYLVANIA ORPHANS'S COURT DIVISION In Re: Michele Sarah Mazer, An alleged incapacitated person No.: 21-07-1169 ORDER OF COURT AND NOW, this 23'" day of January, 2008, after hearing, the Court finds by clear and convincing evidence that Michele Sarah Mazer is a totally incapacitated person; IT IS FURTHER ORDERED AND DIRECTED that Mark A. Fieseler, is hereby appointed plenary guardian, of the person and estate of his niece, Michele Sarah Mazer. If Mark Fieseler becomes unwilling, unable or otherwise unavailable then Christine Fieseler is appointed as secondary legal guardian of her person and estate. The posting of bond in this matter is waived. The guardian shall hereafter comply with the reporting requirements of 20 Pa. C.S. Section 5521 (c), a copy of which is attached. By the Court, M. L. Ebert, r., Thomas D. Gould, Esquire Attorney for Petitioner Mark Bayley, Esquire Court-Appointed Attorney for Michele Sarah Mazer bas ~> _- o i _~ __! Y . T _ _ N , 4i i .. __ __ _ _' __ _ _ _ _ -_ -i _._~ - ~, _ cn _. _.. - - - _._ n; IN RE: MICHELE SARAH MAZER AN INCAPACITATED PERSON Ii 1 THE COURT OF COMMON PLEAS OF~~ CUMBERLAND COUNTY, PEl~I1WSYLVA~A ORPHANS' COURT DIVISION '-~-~ o -~ ; , n NO. 21-07-1169 - ~= J IMPORTANT NOTICE CITATION WITH NOTICE ~_ i _5 --~ .. 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 Mark A. Fieseler b his attorne Thomas D. Gould Es . is attached. You are hereby ordered to appeaz at a hearing to be held in Court Room No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania, on Januazv 23 - -- _ , 20_08, at 2:30 PM. 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 aze 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 attomey, and to request a jury trial. If you do not have an attomey, 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 fitll powers to act for you. If the court Snds 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 may appoint the Guardian requested. Date:12/27/07 /~ By. ~'~~ %~'~ ~i~rL ~ ~~ Clerk, Orphans' Court Division l Cumberland County, Carlisle, PA 1 My Commission Expires 1 ~` Monday, January, 2010 DEC 2 7 2007 ~ IN RE. IN THE COURT OF COMMON PLEAS MICHELE SARAH MAZER, CUMBERLAND COUNTY, PENNSYLVANIA INCAPACITATED NO. d~ ~1 ~~~~ • ORPHANS COURT GUARDIANSHIP TEMPORARY ORDER OF COURT AND NOW, this ~'1`~'`- day of _~y~,,,_p~,.,~ ~DD7 after reviewing the Emergency Petition for the Appointment of Guardian of the Person and Estate of Michele Sarah Mazer, a hearing is scheduled in courtroom No. _ Z Cumberland County Courthouse, 1 _ _____ Courthouse ScLuare, Carlisle, Pennsylvania on the__ ~ J - _ ~=_=__day of - 2008, at oZ;3 0 O'clock ~, M.. Pending the hearing in this matter, Mark A. Fieseler is temporarily appointed as the legal guardian of the person and estate of his niece, Michele Sarah Mazer, and if he is unable or unwilling to serve, Michele's father, David S. Fieseler is temporarily appointed as Michele Sarah Mazer's guardian. N ~) O ~ O ~ 1 -. Tl ~ ~"J-.~ (Yl BY THE COURT: ' ~ ~i -n y ~_ ~ _ ~-, l 0 - ~ J. - - -- -- - __ _ - DISTRIBUmION: --- -- t^HOMAS D. GOULD, ESQ., 2 E. MAIN ST., SHIREMANSTOWN, PA 17011 MICHELE SARAH MAZER, 6460 BRANDY LANE, MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT OF PENNSYLVANIA ORPHANS'S COURT DIVISION In Re: Michele Sarah Mazer An alleged incapacitated person No.: 21-07-1169 IN RE: APPOINTMENT OF COUNSEL ORDER OF COURT AND NOW, this 27th day of December, 2007, Mark Bayley, Esquire is hereby appointed to represent Michele Mazer. By the Court, Mark Bayley,-Esquire - Court Appointed far Michele Mazer Thomas Gould, Esquire Attorney for Petitioner Court Administrator's Office bas ~`-~"""` M. L. Ebert, Jr., J, cv o -~ - O m - -, w _,~ ~ - i ) n • ._ DEC-20-20C7 THU 05,52 PM THERAPY SERVICES FAX N0, 7175310675 P, 02 PENNSTATE ____ Milton S. Hershey Medical Center College of Medicine Cnre Copryiruli,m Penn Smk Millnlr 5. fkrY kY Mcdicel l:enlU '1 t1. (717)571-8.71ri Pun SWk CulleBe o(Mr4ieim Fax;(7t7)53i- Cun; CowOUtalinn, HINi1{ 3981 50(1 Univcr6ry ltrive, PO. Boz Ntb Hur~hey, PA 17(137-085(1 December 20, 20Q7 To Whom It May Concern: Michele Sarah Mazer is currently at Hershey Medical Cemer where she has bcen hospitalized since IJovcmber 23, 2007. Michele sustaiped a bead injury as a tcsult of a motor vehicle accident which occurred on November 23, 2007. As a result, Michele has been diag7tosectwith~-difTuse axonal injury and interccrebral hemorrhage: TFie extent- and type of injury typically has a poor prognosis. Michele is not expected to be able to return to employment. Sin ely, - ~~/JVn/ ~,GLC.OiLt/~ ~a~Z 0 Dr. Philip A. Villanueva Au t4uJ (1pp,nunilY llnirvnuy EXHIBIT A THOMAS D. COULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 (717) 731-1461 IN RE: • IN THE COURT OF COMMON PLEAS OF MICHELE SARAH MAZER, C[R~IDERLAND COUNTY, PENNSYLVANIA Incapacitated • No . c~ ` 0 -L l 1 to ~l ORPHANS COURT ~~ ti =- O v -1l v , ~~ _ ~ ~;'~ =!~' ~ -i EMERGENCY PETITION FOR APPOINTMENT ~~ v '' OF GUARDIAN OF THE PERSON AND ESTATE -~ -1 ~ ~_ ~', r- TO THE HONORABLE, THE JUDGES OF THE SAID COURT: ~ ~ 0 - ___ The Petition of Mark A. Fieseler respectfully represents: 1. The alleged incapacitated individual is Michele Sarah Mazer, hereinafter referred to as Michele, who is an adult individual, born October 24, 1980, who resides at 6460 Brandy Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Michele is a patient at Hershey Medical Center pending transfer to a long term residential treatment facility. 3. Michele's transfer is being delayed due to her inability to communicate and that there is no designated guardian. 4. Michele's mother, Laurie Fieseler, died in 2005 ar.d her father, David S. Fieseler, is living with a DOB of March 3, 1963. 5. M3cheIe has one minor child, Phoenix Mazer,-DOB July 18, 20C5. 6. Michele is married to Joseph B. Mazer who is currently incarcerated in the York County Correctional Facility. 7. Michele has two siblings, Ashley Fieseler, born July 22, 1988, who resides at 491 East Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania and Shaun Fieseler, born November 13, 1986, who is in the U.S. Army with a home of record of 6460 3randy Lane, Mechanicsburg, Cumberland County, Pennsylvania. 8. Michele has two blood related uncles and aunts: Jonathan C. Fieseler, Mark A. Fieseler, Diane Winkle and Deb Weaver. 9• Michele's paternal grandparents, John and Marjorie Fieseler, have been an important part of her life. 10. Michele is currently a patient at Hershey Medical Center and is pending a transfer to a residential care center. 11. Michele-has-applied-_f or -and is expected to be -eppro-ved- -- for medical assistance. 12. Michele had been working at Fry Communications at the time of her accident and had intended to enter the military service in February. 13. On November 23, 2007 Michele was hit by a vehicle which caused extensive head trauma. 14. Petitioner requests that he be appointed primary guardian of his niece and that Michele's father, David S. Fieseler, be appointed alternate guardian. 15. Neither Petitioner nor David S. Fieseler have an interest ___ _ adverse- to Michele. 16. Petitioner seeks guardianship since Michele is not able to handle her own financial or other personal affairs. 17. Dr. Philip A. Villanueva has diagnosed Michele with a diffuse axonal injury and intercereberal hemorrhage, with a poor prognosis. A copy of his letter is attached as exhibit A. It is not expected that Michele will be able to return to gainful employment. 18. Michele is currently in a medically induced ccma and has no ability to communicate. 19. It is anticipated that Michele will required full time medical supervision at a residential facility for the foreseeable future. 20. Petitioner has been part of Michele's life since birth. - - -23. Michele currently-has-no- income, but a claim for SSI and - - - SSD has been initiated. 22. Michele has no savings or any other assets. 23. Michele's husband, father and other interested relatives Pave decided through mediation that it is in Michele's best interest that Petitioner be appointed guardian of Michele's whole person. A copy of the mediated agreement is attached as exhibit B. WHEREFORE, it is requested that Mark A. Fieseler be appointed the legal guardian of the person and estate of his niece, Michele Sarah Mazer, and that David S. Fieseler be designated as his alternate. cu ~ . Thomas D. Gould, Esquire I.D. # 36508 2 East Main Street Shiremanstown, PA 170ll (717) 731-1461 J '' VERIFICP.TION 1 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. Date : ~ o~~ U ~.i %~~h~Ci/ /~~1~/h~,-_ - - Mary A.-Fieseler, Petitioner