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Home My WebLink About04-0506IN RE: HELEN E. MILFORD An alleged incapacitated person : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION On the Petition of MEGAN A. MILFORD PETITION FOR APPOINTMENT OF GUARDIAN OF THE ' PERSON AND ESTATE OF AN ALI,EGED INCAPACITATED PERSON MILFORD Pennsylvania 28210. 3. 4. TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT: NOW COMES, Petitioner, MEGAN A. MILFORD, by and through her attomey, Marielle F. Hazen, Esquire, and files the within Petition for the Appointment of Guardian of the Person and Estate of an Alleged Incapacitated Person, and in support hereof, avers as follows: 1. HELEN E. MILFORD, the alleged incapacitated person, currently resides at HCR Manor Care, 940 Walnut Bottom Road, Carlisle, Pennsylvania 17013. She is seventy-five (75) years old, her date of birth being November 7, 1928. HELEN E. MILFORD was married to Henry Milford who died in 1989. HELEN E. has two (2) children: Megan A. Milford, of 6434 Taunton Road, Harrisburg, 17111, and John Milford, of 3200-H, Heathstead Place, Charlotte, North Carolina HELEN E. MILFORD is not a patient in a mental hospital. The Petitioner is HELEN E. MILFORD's daughter, MEGAN A. MILFORD, of 6434 Taunton Road, Harrisburg, Pennsylvania 17111. 5. The names and addresses of those persons who would be the intestate heirs (or next of kin) of HELEN E. MILFORD are as follows: Megan A. Milford, of 6434 Taunton Road, Harrisburg, 17111, and John Milford, of 3200-H, Heathstead Place, Charlotte, North Carolina Pennsylvania 28210. 6. The name and address of the person or institution providing residential services to HELEN E. MILFORD are as follows: HCR Manor Care, 940 Walnut Bottom Road, Carlisle, Pennsylvania 17013. 7. The names and addresses of other service providers are as follows: None. Her primary physician is: Theresa A. Burick, D.O., ofBurick & Azizkhan Intemal Medicine Associates, 888 Poplar Church Road, Camp Hill, Pennsylvania 17011 (717-724-2126). 8. HELEN E. MILFORD was not a member of the Armed Services of the United States nor is she receiving benefits from the United States Veterans Administration. 9. The Petitioner asks that she, MEGAN A. MILFORD, be appointed as Guardian of the person and estate of HELEN E. MILFORD. The proposed guardian is the daughter of HELEN E. MILFORD. 10. The proposed guardian has no interests that are adverse to the interests of HELEN E. MILFORD. 11. Petitioner believes, and therefore avers, that no Court has ever assumed jurisdiction in a proceeding to determine whether HELEN E. MILFORD is incapacitated. 12. Petitioner believes, and therefore avers, that HELEN E. MILFORD has not previously had a guardian appointed, nor is a guardianship hearing pending in any other jurisdiction. 13. The reasons why this guardianship is being sought are as follows: HELEN E. MILFORD is unable to manage her financial affairs or to make decisions regarding health care/medical decisions because she is mentally incapacitated, due to the effects of vascular dementia. 14. The functional limitations and physical and mental condition of HELEN E. MILFORD are: HELEN E. MILFORD is not able to manage her financial affairs, nor is she able to make competent decisions as far as her welfare is concerned. HELEN E. MILFORD requires total assistance with all of her activities of daily living. 15. The following steps have been taken, in order to find less restrictive alternative to the appointment ora guardian: HELEN E. MILFORD is not competent to execute a power of attorney. No less restrictive alternatives are available to adequately provide for the physical and financial care of HELEN E. MILFORD. 16. The Petitioner requests that a guardian be granted powers to act for HELEN E. MILFORD in the following specific areas: financial management, and medical and health care affairs including care and placement decisions, access to all medical records, including psychiatric records, and the power to make all decisions regarding medical treatment and life support. 17. The proposed guardian has the following qualifications: The proposed guardian is the daughter of HELEN E. MILFORD. MILFORD. 18. The proposed guardian loves and cares for HELEN E. HELEN E. MILFORD's assets total approximately Two Hundred Fifty-six Thousand Dollars ($256,000.00). Her net income from all sources totals approximately Two Thousand Three Hundred Forty-two ($2,342.00) per month. Petitioner respectfully requests that the Court, under Section 5511 of the Probate, Estates and Fiduciaries Code, issue a Citation to HELEN E. MILFORD, HELEN E. MILFORD's next of kin, and to such other persons as the Court directs, to show cause why HELEN E. MILFORD should not be adjudged to be an incapacitated person and a plenary guardian of her person and estate be appointed. Respectfully submitted, Date: y: ~ieYle F. ~azen, Esquire Attorney for Petitioners Attorney ID No. 68003 2000 Linglestown Road, Suite 303 Harrisburg, Pennsylvania 17110 (717)540-4332 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : On this, the cq~3~day of !;~7/~ ,2004, before me, the undersigned officer, personally appeared MEGAN A. MILFORD who, being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are tree and correct to the best of her knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. SWORN to and subscribed before me this ~' )!/~x~ day of ] ,ir , 2004. N-t ~¥blic[~/~u ~ ' ~ NOTARIAL SEAL JES$ICA A. HOLLAND, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY lilY COMMISSION EXPIRES MARCH 4 VERIFICATION 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 18 PA.C.S. § 4904, relating to unswom falsification to authorities. IN RE: HELEN E. MILFORD An alleged incapacitated person On the Petition of MEGAN A. MILFORD : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION : : NO. CONSENT TO APPOINTMENT AS GUARDIAN 1. The name of the proposed guardian of the person of HELEN E. MILFORD is MEGAN A. MILFORD. 2. The name of the proposed guardian of the estate of HELEN E. MILFORD is MEGAN A. MILFORD. 3. The proposed guardian speaks, reads and writes the English language. 4. The proposed guardian is the Vice President of Pennsylvania Business Roundtable. person. The proposed guardian does not have an interest adverse to the alleged incapacitated 6. The proposed guardian is not a fiduciary, or officer or employee of a corporate fiduciary of an estate in which the alleged incapacitated person has an interest; and is not the surety, or officer or employee of a corporate surety of such fiduciary. Dated: MEG~/~N A. MILFOrd)/ IN RE: HELEN E. MILFORD An alleged incapacitated person On the Petition of MEGAN A. MILFORD : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION : :NO. CERTIFICATE OF SERVICE I, Marielle F. Hazen, Esquire, certify that on May 25, 2004, I served a true and correct copy of the within Petition for Appointment of Guardian of the Person and Estate of an Alleged Incapacitated Person on the party named below, by depositing same in the United States mail, certified mail, postage prepaid as follows: John Milford 3200-H Heathstead Place Charlotte, NC 28210 I, Marielle F. Hazen, Esquire, further certify that on May 27, 2004, I served a tree and correct copy of the within Petition for Appointment of Guardian of the Person and Estate of an Alleged Incapacitated Person on the party named below, by depositing same in the United States mail, certified mail, postage prepaid as follows: HCR Manor Care 940 Walnut Bottom Road Carlisle, PA 17013 oo¥ Date Respectfully Submitted, Marielle'F. Haz~en, Esq. PA I.D. No. 68003 2000 Linglestown Road Suite 303 Harrisburg, PA 17110 (717) 540-4332 IN RE: HELEN E. MILFORD AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2004-0506 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 your tight to manage money and property and to make decisions. A copy of the petition which has been filed by Megan A. Milford is attached. You are hereby ordered to appear at a heating to be held in Court Room No. 2, Cumberland County Courthouse, Carlisle, Pennsylvania, on June 30th ., 2004, at 11:30 AM. 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 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, Orphans' Court Division ~.~ {,/.iq// Cumberland County, Carlisle, PA My Commission Expires 1st Monday, u ~x J January, 2006 IN RE: HELEN E. MILFORD An alleged incapacitated person On the Petition of MEGAN A. MILFORD JIJl~ · IN THE COURT OF COMMON PLEAS'"" · OF CUMBERLAND COUNTY, · PENNSYLVANIA · ORPHANS' COURT DIVISION '; PRELIMINARY ORDER OF COURT AND NOW, this .~f~ day of (~__~ ,2004, the foregoing Petition having been presented in open Court, upon consideratio~ thereof and on motion of Marielle F. Hazen, Esquire, Counsel for the Petitioners, it is ORDERED and DECREED that a Citation be awarded, directed to HELEN E. MILFORD to show cause why she should not be adjudged an incapacitated person and plenary co-guardians of her estate and person be appointed, retumable ~ 27o ,2004 at Il'. ~0 o'clock,~M., prevailing time. xSn 0.~ "/Lo. 2. / The time and place of hearing on the petition for appointment of a guardian of the estate and person of the alleged, t~ emZ,d>.~.n~ ~.to, a~incapacitated per.son fixed for~ ~O , 2004, at I/'. ~ o'clock, ,I~M.,_ prevailing time,/t in the Orphans' Court Division, Cumberland County Courthouse, Carlisle, Pennsylvania. At least twenty days, written notice of the hearing shall be given to HELEN E. MILFORD, 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 ~ days' written notice of the petition and heating shall also be given to the next of kin and to the following Parties in interest: John Milford (son), of3200-H, Heathstead Place, Charlotte, North Carolina 28210, and HCR Manor Care (nursin~facility~9~0 Walnut Bottom Road, Carlisle, Pennsylvania 17013, either personally or ~tered or C4/~fied mail· ORIGINA IN RE: HELEN E. MILFORD An alleged incapacitated person On the Petition of MEGAN A. MILFORD : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION JOINDER I, John Milford, in my capacity as the son and an intestate heir of Helen E. Milford, join in this Petition for the appointment of Megan A. Milford as l~uardian person and estate of Helen E. Milford. Witness (~/ - £ ¥ ~J~h~nMilfo~TM of the STATE OF NORTH CAROLINA · ON THIS, the -'~ day of ~f:~.- , 2004, before me a Notary Public, personally appeared John Milf.~d,. known,to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes WITNESS WH~~~~o set my h~d ~d official seal. HELEN E. MILFORD An alleged incapacitated person : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : ORPHANS' COURT DIVISION : : NO. 21-2004-0506 PRAECIPE TO WITHDRAW PETITION FOR GUARDIANSHIP TO: Register of Wills Please be advised that the above-referenced alleged incapacitated person passed away on June 8, 2004. As such, I ask that you kindly withdraw the above-referenced Petition for Guardianship. Respectfully submitted, ~4ari~ll~azen~/Esq. PA I.D. 68003 Law Office of Marielle F. Hazen 2000 Linglestown Road, Suite 303 Harrisburg, PA 17110 (717) 540-4332