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HomeMy WebLinkAbout04-0563 LAW OFFICES OF STEPHE~N j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 IN RE: ALLEGED INCAPACITATED PERSON WILLIAM H. MERRIAM,JR: COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : ORPHAN COURT DIVISION : : NO.: PETITION FOR GUARDIAN AD LITEM The undersigned brings this Petition through her Attorney, ~tephen!J.. Hogg, Esquire, seeking appointment as the Guardian ,Ad Litem of William H. Merriam, Jr. alleging the following: 1. The alleged incapacitated person is William H. Merriam, Jr. born January 19, 1917 and whose last known address was 113 Green Ridge Lane, Newville, P,A 17241. The alleged incapacitated person is currently an inpatient at Swain Health Center Newville, P,A and is deemed by his physicians to be unable to safely travel. 2. The alleged incapacitated person is married to Ila Merriam, Petitioner herein. The alleged incapacitated person has three children: William H. Merriam, III, 529 N. Genison Avenue, Lansing, Michigan 48915, Robinetta M. Goold, 4395 Hales Ford Road, Moneta, Virginia 24121 and Abigail M. Selinsky, 2717 George Mason Place, Alexandria, Virginia 22305. 3. The alleged incapacitated person is currently being treated by Dr. Ismael, 220 Wilson Street, Carlisle, Pennsylvania 17013 LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 = and Dr. Herbert Myers, Philhaven, 283 S. Butler Road, P.O. Box 550, Mt. Gretna, Pennsylvania 17064. The Petitioner is Ila Merriam, residing at 113 Green Ridge Lane Newville, Pennsylvania who is the wife of the alleged incapacitated person. The Petitioner has no interest adverse to the alleged incapacitated person and seeks to be appointed Guardian Ad Litem to ensure the alleged incapacitated person's continued physical and mental health treatment. The alleged incapacitated person has been diagnosed by Dr. Ismael as having advanced dementia. The Petitioner alleges that the alleged incapacitated person has shown himself to be unable to adequately care for his own needs and would likely not pursue any physical or mental health treatment as prescribed by Drs. Ismael and Myers. The Petitioner requests that she be appointed Guardian Ad Litem of the alleged incapacitated person to assure continued needed physical and mental health treatment and over the estate of the alleged incapacitated person to ensure that the alleged incapacitated person does not waste or squander his estate. The Petitioner alleges that she is the most qualified individual to act as the Guardian Ad Litem of the alleged incapacitated person having his best interests in mind. LAW OFFICES OF STEPI-IEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 10. 11. Date: The Petitioner seeks to be appointed the Guardian Ad Litem of the alleged incapacitated person only so long as the alleged incapacitated person is determined by his treating doctors, Dr. Ismael and Dr. Myers, to be unable to take care of his own needs. The Petitioner estimates that the gross value of the alleged incapacitated person estate is $5,000.00 and his current income $1,434.00 pension and $1,004.00 per month from Social Security. Petitioner seeks to be appointed the guardian of the alleged incapacitated person's estate and of his person. Respectfully Submitted, IN RE: William H. Merriam, Jr. An alleged incapacitated person : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : : NO. 21-2004-0563 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 fights 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 II__~a Merriam is attached. You are hereby ordered to appear at a heating to be held in Court Room No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania, on July 14th ,2004, at 1:00 P.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 fight 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 rights will be affected and you will not be able to make a contract or girl 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 and may appoint the Guardian requested. (/lerk, Orphans~ Court Division [~Ag/~, if fa/,} .2 Cumberland County, Carlisle, PA I' "' ' J" My Commission Expires 1 st Monday, January, 2006 LAW OFFICES OF STEPHEN j. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 ALLEGED INCAPACITATED PERSON IN RE: WILLIAM H. MERRIAM, JR.: COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY · PENNSYLVANIA · ORPHAN COURT DIVISION ORDER AND NOW, it is Ordered and Decreed that a hearing be held on the _L~ '~jday of ~~L~~~,, 2004, at o'clock at the Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania for the Petition for appointment of Guardianship in the above captioned matter and a citation issued to William H. Merriam, Jr. to show cause why he should not be adjudged incapacitated and his spouse, Ila Merriam, be appointed Guardianship. Jo LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION TO: WILLIAM H. MERRIAM, JR IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with this 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 Ila Merriam is attached. You are hereby ordered to appear at a hearing to be held at the Cumberland County Courthouse, Ciarlis_Jle, CIjmbej'land County j Pennsylvania on ~ at ~M. ~,~) to tell the Court why it should not find'you [o De an ~nca~pacitated 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 be conducted 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 or full powers to act for you. LAW OFFICES OF STEPHEN J. HOGG 19 S, HANOVER STREET SUITE 101 CARLISLE, PA 17013 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 or 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 and may appoint the Guardian requested. By: Clerk, Orphans' Court LAW OFFICES OF STEPHEN J. HOGG 19 S, HANOVER STREET SUITE 101 CARLISLE, PA 17013 IN RE: WILLIAM H. MERRIAM,JR: COURT OF COMMON PLEAS ALLEGED INCAPACITATED : OF CUMBERLAND COUNTY PERSON : PENNSYLVANIA : ORPHAN COURT DIVISION PETITION FOR GUARDIANSHIP The undersigned brings this Petition through her Attorney, 'Stephen J. Hogg, Esquire, seeking appointment for Guardianship of William H. Merriam, Jr. alleging the following: 1. The alleged incapacitated person is William H. Merriam, Jr. born January 19, 1917 and whose last known address was 113 Green Ridge Lane, Newville, PA 17241. The alleged incapacitated person is currently an inpatient at Swain Health Center Newville, PA and is deemed by his physicians to be unable to safely travel. 2. The alleged incapacitated person is married to Ila Merriam, Petitioner herein. The alleged incapacitated person has three children: William H. Merriam, III, 529 N. Genison Avenue, Lansing, Michigan 48915, Robinetta M. Goold, 4395 Hales Ford Road, Moneta, Virginia 24121 and Abigail M. Selinsky, 2717 George Mason Place, Alexandria, Virginia 22305. 3. The alleged incapacitated person is currently being treated by Dr. Ismael, 220 Wilson Street, Carlisle, Pennsylvania 17013 LAW OFFICES OF STEPHEN J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 and Dr. Herbert Myers, Philhaven, 283 S. Butler Road, P.O. Box 550, Mt. Gretna, Pennsylvania 17064. The Petitioner is Ila Merriam, residing at 113 Green Ridge Lane Newville, Pennsylvania who is the wife of the alleged incapacitated person. The Petitioner has no interest adverse to the alleged incapacitated person and seeks appointment of Guardianship to ensure the alleged incapacitated person's continued physical and mental health treatment. The alleged incapacitated person has been diagnosed by Dr. Ismael as having advanced dementia. The Petitioner alleges that the alleged incapacitated person has shown himself to be unable to adequately care for his own needs and would likely not pursue any physical or mental health treatment as prescribed by Drs. Ismael and Myers. The Petitioner requests that she be appointed Guardianship of the alleged incapacitated person to assure continued needed physical and mental health treatment and over the estate of the alleged incapacitated person to ensure that the alleged incapacitated person does not waste or squander his estate. The Petitioner alleges that she is the most qualified individual to be appointed Guardianship of the alleged incapacitated person having his best interests in mind. LAW OFFICES OF STEPIffl~.N J. HOGG 19 S. HANOVER STREET SUITE 101 CARLISLE, PA 17013 10. 11. Date: The Petitioner seeks appointment of Guardianship of the alleged incapacitated person only so long as the alleged incapacitated person is determined by his treating doctors, Dr. Ismael and Dr. Myers, to be unable to take care of his own needs. The Petitioner estimates that the gross value of the alleged incapacitated person estate is $5,000.00 and his current income $1,434.00 pension and $1,004.00 per month from Social Security. Petitioner seeks appointment of guardianship of the alleged incapacitated person's estate and of his person. Respectfully Submitted, ~Stephen J. H/~g~squire Attorney fo ry, P'eti~oner IN RE: WILLIAM H. MERRIAM, JR. AN ALLEGED INCAPACITATED PERSON iN THE COURT OF COMHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21-2004-0563 ORDER OF COURT AND NOW, this 14th day of July, 2004, after hearing, we find William H. Herriam, Jr., to be incapacitated as that term is defined in 20 Pa.C.S. Section 5501, et seq. We hereby appoint Ila Merriam as plenary guardian ef his person and estate. Stephen J. Hogg, Esquire For the Petitioner :mlc Edward E. Guide, J. - Marjorie A. Wevodau First Deputy One Courthouse Square Carlisle, Pa. 17013 Gienda Farner Strasbaugh Register of Wills & Clerk of the Orphans' Court (717) 240-6345 FAX (717) 240-7797 Kirk S. Sohonage, Esquire Solicitor OFFICES OF 3aegister of Wills anti ([lerk of toe ~rpoans' ([ourt <!Countp of <!Cumberlanb November 30, 2005 Ila Merriam 113 Green Ridge Lane Newville, PA 17241 IN RE: Estate of William H. Merriam, Jr., an incapacitated person File No. 21-04-563 Dear Sir/Madam: It has come to my attention that you have not filed the guardian reports required by 20 Pa.C.S.A. S5521(c) in the above captioned guardianship. Enclosed you will find the suggested formes). Please mail those reports, along with a check in the amount of$15, payable to the Clerk of Orphans' Court, to the following address within (30) days: Clerk of Orphans' Court One Courthouse Square Carlisle, PA 17013 If you have any questions, please contact your attorney. ~~ Glenda Farner Strasbaugh Clerk of the Orphans' Court CC: Stephen Hogg, Esquire .....- . . Clerk of Orphans' Court of Cumberland County IN RE: W I II I fl1yL. tV! <<Yl~ An Incapacitated Person Docket No. 2{-()L-f -l;tp3 ANNUAL REPORT OF GUARDIAN OF THE ESTATE I, rL-Ov m err l OJYV ' was /were appointed plenary guardian(s) of the estate of _ JtJ_~ M rr-Vlf:.VYt..-.. by Decree ofthe Honorable Judge . Dated _' This is my annual report for the period from lz) 04- to 1210S;, ("The Report Period"). L SPM1\'IARY A. Value of principal assets at the beginning of the Report Period? $ 0.00 B. Total amount of income earned during the report period? $ 30, Jo1.1fr/ SO ~ bl CA>>vlfl/} ) ~s CO")tG cYhlU}- Total amount of all expenditures made for care and maintenance of the C. incapacitated person during the Report Period? I. From principal $ 2. From income $ 17/57/.56 D. Total amount spent for all other purposes during the Report Period? $ ji. 511, 5D , E. Total amounts remaining at the end of the Report Period? 1. Principal $ 2. Income $ Total Income and Principal $ ZZ :21 ;!J S I J~jO {. i . II. ADDITIONAL INFORMATION A. Principal: 1. Total amount remaining at the end of the Report Period? $ 2. How is principal currently invested? n)A I 3. Have there been any expenditures from principal during the Report Period? DYes~o If you answered YES, was there Court approval for all expenditures from principal? 4. Did you receive any principal assets during the report period which were not included on the inventory or a prior report filed for the estate? DYesDNo DYes~o If you answered YES, did you receive Court approval prior to receiving additional principal? DYesDNo 5. State the sources and amounts of the additional principal you received: $ $ B. Income: 1. State sources and amounts of income received during the Report Period (i.e., social security, pension, rents, etc.): s()~ ?tf~ peX' S 1/lT'vv $ /:1. z 35: CJlSJ , $ 3.0, )~ 9.~1' $ Total Income received during Report Period $ 2. How is income currently invested? (Please specify, restricted bank accounts, client care account, etc,) N ~'L~ hOTYLt ~ -. 4. . . . . . 3. Specify what payments were made for the care and maintenance of the incapacitated person (i.e., clothing, nursing home, medicine, support, etc.). h l JU~l.~~ h 01YLe., ~ 11) 5/ J ,60 4. Specify what other payments were made during the Report Period. ceRy.. vhCtrf\nlilUf- - ~g;1':<' (pg ~~()no,a. -1k1rvJf\!OOc+a l3t'US- !Ss. f( ~S Uf(l.XH~.QJ}etY\ ~ - ?--1 T /? J-I) I verify that the foregoing information is correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa. C.S.A. 94904 relative to unsworn falsification to authorities. ~ Date ~ ~ ~A/~~~ Signature of Guardian * FILING FEE $15 MUST ACCOMPANY THIS FILING, - . v. \... Clerk of Orphans' Court of Cumberland County INRE:~II~ rYlernMb An Incapacitated Person Docket No. 2J..-{)Lf-!50~ ANNUAL REPORT OF GUARDIAN OF THE PERSON I, -:1l-a (\/\-c Y'n Ctt'V\.., plenary guardian(s) of the person of Honorable Judge the period from 12j04 , was /were appointed lA) J A A lLM...- M-et'"rUtrvL) by Decree ofthe , dated . This is my annual report for to ~, ("The Report Period"). 1. Present age of the incapacitated person: ~s Yrs. 2. Current address of the incapacitated person LID 13'3 ,~YLht- Rd ~'( ~ A lclS-€.. V li~g ~ N ew vllJe l P A 1 124 J 3. The incapacitated person's residence is: f"o0 CJ c::..:~) (.:_n C) ~~g ,J-n ';~p - .,- III ~~ c....-:l r-' 1 C"J o own home/apartment ~ nursing home 01 ,0') -', I -::1 r....) o boarding home/personal care home rv o guardian's home/apartment o hospital or medical facility o relative's home (Name and relationship) 4. o other: (describe) The incapacitated person has been in the present residence since ~ g / 03 . If the incapacitated person has moved within the past year, state change and reason(s) for I . " change: 5. Name and address of the incapacitated person's primary care giver: (1r.tt,VL ~L~ VI L~ J~~1)CUAV\ IktL#h &nfe'r - ----2LD~nca-rzO~_---.-m- Ntw VI Lk I P.4 J 7ZLJ I I 6. The major medical or mental problems of the incapacitated person are as follows: cLtIY1f n-h ~ ) cltpy,eSSl o-v.} {l~'fh~r-vIOLLS.MJ h~~(+t\'1c..L'DV')} 05-kb(^-(~ J iAphCiSLR- 7. Specify what, if any, social, medical, psychological and support services the incapacitated person IS receIvmg: G\~ VI (A/~'L~ Cj)JLf../ 24/,. I 8. It is our opinion as guardian of the person that the guardianship should: (check one) ~ontinue, 0 be modified, 0 be terminated. (Briefly explain your response) 9. During the past year, I have visited the incapacitated person .35~ times with the average v"isit lasting 2 h~ vlsik: (State number of hours 1m in utes, etc.) em av~ . . . # ,"' The repOli of a social service organization employed by the guardian to oversee and coordinate the care of the incapacitated person for the period covered by this report may be attached to supplement this report. I verify that the foregoing information is correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa. C.S.A. 94904 relative to unsworn falsification to authorities. lrzl [; / Db . I Date . ~Cl~) Signature of Guardian * FILING FEE $15 MUST ACCOMPANY THIS FILING.