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F:\FiLES\Clients\13509 Ocker\13509.1.petition\mas
~ ~ Created: 9/20/04 0:06PM
Reviscd: 7/27!09 2:42PM
13509.1
George B. Faller, Jr., Esquire
I.D. No. 49813
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
IN RE:
Petition for Guardianship
of William Herbert Ocker
IN THE COURT OF COMMO
CUMBERLAND COUNTY, P
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ENNSYLVS~IIA
ORPHANS' COURT DIVISION
PETITION FOR GUARDIANSHIP OF WILLIAM HERBERT OCKER
1. The Petitioner Kimberly Sue Ocker is an adult individual residing at 730 Mountain
Road, Newville, Pennsylvania 17241.
2. The Respondent William Herbert Ocker is an adult individual with a residence
located at 730 Mountain Road, Newville, Pennsylvania 17241, but who is currently hospitalized.
3. Kimberly Sue Ocker is the wife of the Respondent William Herbert Ocker, the parties
having been married on May 3, 1986.
4. The names and addresses of the next of kin of the Respondent William Herbert Ocker
are as follows:
a. Kimberly Sue Ocker, wife
730 Mountain Road
Newville, PA 17241
b. Zachary Ocker, son
730 Mountain Road
Newville, PA 17241
5. The approximate gross value ofthe Respondent's estate does not exceed $150,000.00,
and his income consists of a workers' compensation payment of $634.06 per week.
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6. William Herbert Ocker was not a member of the United States Armed Forces and is
not receiving benefits from the United States Veterans Administration.
7. William Herbert Ocker was injured in a truck accident on June 22, 2009. As a result
of injuries sustained in that crash, William H. Ocker's ability to receive and evaluate information
effectively and communicate decisions in any way, is impaired to such an extent that he is partially
or totally unable to manage his financial resources or to meet essential requirements for his physical
health and safety.
8. The Petitioner and proposed guardian, Kimberly Sue Ocker, has no adverse interest
to William H. Ocker.
9. No other court has ever assumed jurisdiction in any proceedings to determine the
capacity of William H. Ocker.
10. There has been no previous guardian appointed for William H. Ocker.
11. At the time of his incapacity, William H. Ocker had not executed a Power of Attorney
that would allow another individual to make medical or financial decisions for him.
12. The attached consent of the proposed guardian Kimberly Sue Ocker is hereby attached
as Exhibit "A."
WHEREFORE, the Petitioner requests that a citation be issued directed to William Herbert
Ocker notice of that to his next of kin and any other such persons as the court may direct to show
cause why he should not be adjudged an incapacitated party and the guardian ofhis estate and person
be appointed.
MARTSO LAW OFFICES
By C
Geor e . Falle ., Esquire
I.D. No. 49813
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: '~~271(~9 Attorneys for Petitioner Kimberly Sue Ocker
George B. Faller, Jr., Esquire
I.D. No. 49813
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
Petition for Guardianship NO.
of William Herbert Ocker
ORPHANS' COURT DIVISION
CONSENT
I, Kimberly Sue Ocker, the undersigned proposed guardian, hereby consent to being named
Guardian for my husband, William H. Ocker.
VERIFICATION
The foregoing Petition is based upon information which has been gathered by my counsel
in the preparation of the lawsuit. The language of the document is that of counsel and not my own.
I have read the document and to the extent that it is based upon information which I have given to
my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent
that the content of the document is that of counsel, I have relied upon counsel in making this
verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
ly Sue Ock