HomeMy WebLinkAbout02-0139IN THE MATTER OF
RUTH G. NETTLING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
PRELIMINARY ORDER OF COURT
AND NOW, this / 3'- ~ay of -,~'~'~' , 2002, the foregoing Petition
having been presented and t~po--~ ~onsideration thereof, it is ORDERED and DECREED that a
Citation be awarded, directed to Ruth G. Nettling to show cause why she should not be adjudged
an incapacitated person and a plenar.~, guardian Qf her estate and person be appointed, returnable
"-~'~,/.-m.~.~aa~, the o-~r) ' '~ay of,)74~ ,2002 at / ;.3~ a.m/p.m.,
prevailing time. ~'
The time and place of hearing on the petition for appointment of a guardian of the estate
and person of the alleged incapacitated person are fixed for ~.a(~.a-~a~ , the o/~) ~'~day
of ~"~ ~A / ~J ,2002, at /; :~ 6/a.m/p.m., prevailing time in thL/Orphans' Court
Division, Cumberland County Courthouse, Carlisle,-, Pennsylvania, in Courtroom # ,.3
At least twenty (20) days, written notice of the hearing shall be given to Ruth G. Nettling,
the alleged incapacitated person, by serving her personally with the Citation and this Order of
Court and a copy of the foregoing petition together with an explanation of the content and terms
of the petition; and at least tO~ days' written notice of the petition and hearing shall also be
given either personally or, bS~egistered or certified mail to the next of kin.
(~,x~.~?C, (~o, , Esquire is appointed to assist the alleged
incapacitat~ ~erson. Petiti{~'~r is directed to pay $150.00 to said attorney for representation of
the incapacitated person at the scheduled hearing.
BY THE COURT,
IN THE MATTER OF
RUTH G. NETTLING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002- INCAPACITY
ORPHANS' COURT DIVISION
PETITION TO ADJUDICATE INCAPACITY AND
APPOINT A GUARDIAN OF THE PERSON/ESTATE
1. Petitioner is Daniel A. Nettling, an adult individual residing at 75 Hickory Road,
Carlisle, Cumberland County, Pennsylvania.
2. The alleged incapacitated person, Ruth G. Nettling SS # 203-10-1455 has a
current residence at Cumberland Crossings Retirement Community, One Longsdorf Way,
Carlisle, Cumberland County, Pennsylvania, 17013. Ms. Nettling is 80 years of age with a birth
date of September 6, 1921.
3. Ms. Nettling's current heirs at law are as follows:
Tom Nettling (son)
77 Biddle Road
Carlisle, Pennsylvania 17013
Daniel A. Nettling (son)
75 Hickory Road
Carlisle, Pennsylvania 17013
Peggy (Nettling) Snyder (daugther)
1201 Franklin Drive
Bloomsburg, Pennsylvania 17815
4. Ms. Nettling's property consists of the following:
Bethlehem Steel Surviving Spouse Benefit $260.00 per month
Social Security Benefits $1,128.00 per month
Nettling.
6.
No Court has ever assumed jurisdiction to determine the incapacity of Ruth G.
Petitioner requests the guardianship due to Ms. Nettling being incapable of
making decisions in reference to her estate or person. Ms. Nettling is unable to perform her
activities of daily living without assistance and supervision.
7. No less restrictive alternatives are available to adequately provide for the physical
and financial care of Ms. Nettling.
8. The Petitioner requests that a plenary guardian be appointed of the person and
estate to manage Ms. Nettling's financial, medical and health care affairs, and the power to make
decisions regarding medical treatment and life support. Petitioner suggests that he be appointed
Guardian of the Person and Guardian of the Estate. Petitioner is the son of Ms. Nettling.
9. The proposed guardian has no interest adverse to that of his Mother.
WHEREFORE, Petitioner respectfully requests that the Court, under Section 5511 of the
Probate, Estates and Fiduciaries Code, issue a citation to Ruth G. Nettling, and her next of kin, to
show cause why Ruth G. Nettling should not be adjudged to be an incapacitated person and
plenary guardian of her person and estate be appointed.
Respectfully Submitted,
O'BRIEN, B~RIC & SCHE
David A. Baric, Esquire
I.D. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
I verify that the statements made in the foregoing Petition to Adjudicate Incapacity and
Appoint Guardians of the Person/Estate 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 unsworn
falsification to authorities.
Daniel A. Nettliflff- /~
1N RE: RUTH G. NETTLING, AN ALLEGED ·
INCAPACITATED PERSON ·
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2002-139
IMPORTANT NOTICE
CITATION WITH NOTICE
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 our right to manage
money and property and to make decisions. A copy of the petition which has been filed by DANIEL A.
NETTLING is attached.
You are hereby ordered to appear at a heating to be held in Court Room No. 3, Cumberland
O
County Courthouse, Carlisle, Pennsylvania, on MARCH 2~ ,2002, at 1:30 PM. to tell the
Court why is 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 are 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 attorney, and
to request a jury trial. If you do not have an attorney, you have the tight 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 tight 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 full powers to act for you.
If the court finds 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 heating (either in person or by an attorney representing you)
the court will still hold the hearing in your absence and may app ~c~hT~rdian requested.
Cle~a '~o~Divisi~n ( )
CumbeffanffCounty, Carlisle, PA '~/
My Commission Expires 1st Monday,
January, 2006
IN THE MATTER OF
RUTH G. NETTLING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-139 INCAPACITY
ORPHANS' COURT DIVISION
AMENDED PRELIMINARY ORDER OF COURT
AND NOW, this '~ r~day of February, 2002, the foregoing Petition having been
presented and upon consideration thereof, it is ORDERED and DECREED that a Citation be
awarded, directed to Ruth G. Nettling to show cause why she should not be adjudged an
incapacitated person and a plenary guardian of her estate and person be appointed, returnable
Monday, the 25th day of March, 2002 at 3:00 p.m., prevailing time.
The time and place of hearing on the petition for appointment of a guardian of the estate
and person of the alleged incapacitated person are fixed for Monday, the 25th day of March,
2002, at 3:00 p.m., prevailing time in the Orphans' Court Division, Cumberland County
Courthouse, Carlisle, Pennsylvania, in Courtroom No. 3.
At least twenty (20) days, written notice of the hearing shall be given to Ruth G. Nettling,
the alleged incapacitated person, by serving her personally with the Citation and this Order of
Court and a copy of the foregoing petition together with an explanation of the content and terms
of the petition; and at least ten (10) days' written notice of the petition and hearing shall also be
given either personally or by registered or certified mail to the next of kin.
James J. Jones, Esquire is appointed to assist the alleged incapacitated person. Petitioner
is directed to pay $150.00 to said attorney for representation of the incapacitated person at the
scheduled hearing.
IN THE MATTER OF
RUTH G. NETTLING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002- INCAPACITY
ORPHANS' COURT DIVISION
PETITION TO ADJUDICATE INCAPACITY AND
APPOINT A GUARDIAN OF THE PERSON/ESTATE
1. Petitioner is Daniel A. Nettling, an adult individual residing at 75 Hickory Road,
Carlisle, Cumberland County, Pennsylvania.
2. The alleged incapacitated person, Ruth G. Nettling SS # 203-10-1455 has a
current residence at Cumberland Crossings Retirement Community, One Longsdorf Way,
Carlisle, Cumberland County, Pennsylvania, 17013. Ms. Nettling is 80 years of age with a birth
date of September 6, 1921.
3. Ms. Nettling's current heirs at law are as follows:
Tom Nettling (son)
77 Biddle Road
Carlisle, Pennsylvania 17013
Daniel A. Nettling (son)
75 Hickory Road
Carlisle, Pennsylvania 17013
Peggy (Nettling) Snyder (daugther)
1201 Franklin Drive
Bloomsburg, Pennsylvania 17815
4. Ms. Nettling's property consists of the following:
Bethlehem Steel Surviving Spouse Benefit $260.00 per month
Social Security Benefits $1,128.00 per month
o
Nettling.
6.
No Court has ever assumed jurisdiction to determine the incapacity of Ruth G.
Petitioner requests the guardianship due to Ms. Nettling being incapable of
making decisions in reference to her estate or person. Ms. Nettling is unable to perform her
activities of daily living without assistance and supervision.
7. No less restrictive alternatives are available to adequately provide for the physical
and financial care of Ms. Nettling.
8. The Petitioner requests that a plenary guardian be appointed of the person and
estate to manage Ms. Nettling's financial, medical and health care affairs, and the power to make
decisions regarding medical treatment and life support. Petitioner suggests that he be appointed
Guardian of the Person and Guardian of the Estate. Petitioner is the son of Ms. Nettling.
9. The proposed guardian has no interest adverse to that of his Mother.
WHEREFORE, Petitioner respectfully requests that the Court, under Section 5511 of the
Probate, Estates and Fiduciaries Code, issue a citation to Ruth G. Nettling, and her next of kin, to
show cause why Ruth G. Nettling should not be adjudged to be an incapacitated person and
plenary guardian of her person and estate be appointed.
Respectfully Submitted,
O'BRIEN, BARIC & SCHERF~
David A. Baric, Esquire
I.D. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
I verify that the statements made in the foregoing Petition to Adjudicate Incapacity and
Appoint Guardians of the Person/Estate 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. '""';
Daniel X. Nettli~r~ //o--
1N RE: RUTH G. NETTLING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2002-0139
IMPORTANT NOTICE
CITATION WITH NOTICE
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 our right to manage
money and property and to make decisions. A copy of the petition which has been filed by DANIEL A.
NETTLING is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. 3, Cumberland
County Courthouse, Carlisle, Pennsylvania, on MARCH 25 ., 2002, at 3:00 P.M. __M. to
tell the Court why is 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 are 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 attorney, and
to request a jury trial. If you do not have an attorney, 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 full powers to act for you.
If the court finds you are totally incapacitated, your legal tights 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 tights will also be limited as
directed by the Court.
If you do not appear at the heating (either in person or by an attorney representing you)
the court will still hold the heating in your absence and may appoint the Guardian requested.
Clerk, 0rph~s' Cou~ bivisi°n ~ ' /
Cumberland County, C~lisle, PA
My Commission Expires 1st Monday,
January, 2006
LAW OFVICES
O'BRIEN, BARIC ~ SCHERER
17 WEST SOUTH STREET
CARLISLE, PENNSYLVANIA 17013
I
IN THE MATTER OF
RUTH G. NETTLING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-139 INCAPACITY
ORPHANS' COURT DIVISION
PROOF OF SERVICE
David A. Baric, Esquire, hereby certit~f that I did personally serve a copy of the
Citation, Amended Preliminary Order of Court and Petition To Adjudicate Incapacity And
Appoint Guardian Of The Person/Estate upon Ruth G. Nettling and did explain the contents
thereof to her on March 4, 2002.
David A. Baric, Esquire
DATE: March 4, 2002
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l ^ttach this card to the back of the mailpiece,
or on the front if space permits.
Article Addressed to:
2. Article Number
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r-I Return Receipt for Merchandise
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Domestic Return Receipt
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· Print your name and address on the reverse
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· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed t.o:
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2. Article Number
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PS Form 3811, Mamh 2001
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4. Restricted Delivery? (Extra Fee) [] Yes
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Domestic Return Receipt 102595-01-M-1424
IN THE MATTER OF
RUTH G. NETTLING
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-139 INCAPACITY
ORPHANS' COURT DIVISION
i FINAL DECREE
AND NOW, this day of~___~_~ 2002, upon consideration of the Petition
filed by Daniel A. Nettling and hearing on the matter, the Court makes the following findings of
1. Ruth G. Nettling suffers physical and mental conditions which impair her ability
and capacity to make and communicate decisions.
2. Ruth G. Nettling is unable to understand information sufficient to make and
communicate reasoned decisions.
3. No power of attorney has been executed by Ruth G. Nettling which is presently in
effect.
NOW, therefore, it is ORDERED AND DECREED that:
1. Ruth G. Nettling is judged an incapacitated person;
2. Daniel A. Nettling is hereby appointed plenary guardian of the person and estate
of Ruth G. Nettling; and
3. Daniel A. Nettling shall post a bond in the amount of $1,000.00 as surety for the
faithful fulfillment of his duties as guardian of Ruth G. Nettling.
BY THE COURT,
Bond No. 69313906
Effective Date: March 26, 2002
KNOW ALL MEN BY THESE PKESENTS, That ....... Darxiel .A. hle,tt.lincg ..........................................
.......................................................................................... as principal(s) and ...... .W..,E..S..T...E...R.N.,.,,,S..U.,.R..E.,~,,Y...,.C..O..H..,P....A~,..,y, .................................
as surety (sureties) are held and firmly bound unto the Commonwealth of Pennsylvania in the sum of
One Thousand and No/100 1,000.00
...................................................................................................... dollars ($ ) to be paid to the Commonwealth,
for which payment we do bind ourselves, jointly and severally, our heirs, executors, adrainistrators and successors.
the condition of this obligation being that if ........ .D.a...n...i.e...1.....A..:.....N..e..t...t...1,i...n.g[ .....................................................................................
................................................................................... as (state fiduciary capacity) .... ..G24..a..r...d..~...a-9. ..............................................................
the estate of ................ ..R..u_.t..h.....G...-.....N...e..t..t...1...i..n...g. .............................................................................................................................. ~
or any of them, shall well and truly administer the estate according to law, then this obligation shall be void as to
the guardian or guardians who shall so administer the estate and his or their surety or sureties; but otherwise it shall rernain
in full force.
Signed and sealed this ................ ~.r..O ....................... day& ........................... .A.p.~.i..1. .......................... Nx)...2...0..0,~ach intending
to be legally bound hereby.
............................................................................................... (Seal)
................................................................................................ (Seal)
............................................................................................... (Seat)
~.E~Z~,~,N..~$LTII,.~.I.Y...QQ.M..P....A~....Y ISenD
STATE OF SOUTH DAKOTA
County of Minnehaha
On this
ACKNOWLEDGMENT OF SURETY
(Corporate Officer)
day of April 2002
, before me, a Notary Public in
and for said County, personally appeared
personally known to me, who being by me duly sworn, did say that he is the aforesaid officer of WESTERN SURETY
COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota, that the seal affixed to the
foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed on
behalf of said corporation by authority of its Board of Directors, and further acknowledge that the said instrument and the
execution thereof ~ be the voluntary act and deed of said corporation.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above
written.
My commission expires
My' Commission Fxpires 12-7-2002
Form 103-12-g8 Notary Public
Western Surety Company
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That WESTERN SURETY COMPANY, a corporation organized and existing under the laws of the State of South Dakota,
and authorized and licensed to do business in the States of Alabama, Alaska, Arizona, Arkansas, California, Colorado,
Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania,
Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia,
Wisconsin, Wyoming, and the United States of America, does hereby make, constitute and appoint
J. Hackett of Sioux Falls
State of South Dakota , its regularly elected _As~sistant Secretary
as Attorney-in-Fact, with full power and authority hereby conferred upon him to sign, execute, acknowledge and deliver for
and on its behalf as Surety and as its act and deed, all of the following classes of documents to-wit:
equity, poi
fideli'
wai~
Indemnity, Surety and Undertakings that may be desired by contract, or may be given in any action or proceeding in any court of law or
~nifying employers against loss or damage caused by the misconduct of their employees; official, bail, and surety and
in all cases where indemnity may be lawfully given; and with full power and authority to execute consents and
or extend any bond or document executed for this Company, and to compromise and settle any and all claims or
tinst said Company.
further certifies that the following is a true and exact copy of Section 7 of the by-laws of Western Surety
force, to-wit:
undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
cot ~any by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other
office ectors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may
appoint or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company. The
corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation.
The signature of any such officer and the corporate seal may be printed by facsimile.
In Witness Whereof, the said WESTERN SURETY COMPANY has caused these presents to be executed by its
Senior Vice President with the corporate seal affixed this 3rd day of April
2002
ATTEST
Assistant Secretary
W E S~T, ~.~~ U R E t.y~D 0 M P A N Y
Paul T. Bruflat, ~'enior Vice President
STATE OF SOUTH DAKOTA '~ ss
COUNTY OF MINNEHAHA
On this 3rd day of April 2002 , before me, a Notary Public, personally appeared
Paul T. Bruflat and A. Vietor
who, being by me duly sworn, acknowledged that they signed the above Power of Attorney as Senior Vice President
and Assistant Secretary, respectively, of the said WESTERN SURETY COMPANY. and acknowledged said instrument to be
the voluntary act and deed of said Corporation.
· D. KRELL
#/~'~ NOTARY PUBLIC v~, #
+,,, ,~ ,,, ,, ~. ~ ,, ,,~ ,~ ~,~,~ ~,,,, ,., ~ ~, ~, ,.. ~ ~ ~ +
My Commission Expires November 30. 2006
Notary Public
Form 672-4-2002