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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 ld!eoeEI mm, eEl O!lSeLUOQ sea [] (ee.-/i~-,-~ ~Je^!lec] pe),o.IJ~,~EI '~ '0'0'0 [] I!e~ peJnsul [] es!pueqmelN ~o; ld.~oeU uJnlel-I [] pme;s!SeEI. 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Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. l ^ttach this card to the back of the mailpiece, or on the front if space permits. Article Addressed to: 2. Article Number (Transferfromservicelabe') ! C. Signature ~' ~Ag~nt ~ , ' ,i / If YES, ente~ delivery addrese ~low: ~ No I ~. ~.ioe Ty~ ~ ~m~ Mail ~ ~p~ Mail ~ ~'R~iste~ ~ Return F M~I Insu~ Mail ~ C.O.D.  4. RestH~ ~live~? (~m F~) ~ Yes r-I Return Receipt for Merchandise PS Form 381 1, March 2001 Domestic Return Receipt 102595-01-M-142.1 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed t.o: ?lq K/DiS 2. Article Number p'ransfer from service label) PS Form 3811, Mamh 2001 A. Received b~ T -3 Agent [] Addressee address c [] Yes enter delive~ address [] No  ,S~ervice Type ~[ Certified Mail [] Express Mail . ~-I' Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes It '/O 0001 Tr7 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