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Home My WebLink About03-21-118' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF MYLESETTA R. HOFFMAN TO DECLARE HER DAUGHTER, MARILYN J. WEBBER, AN INCAPACTTATED PERSON, AND FOR APPOINTMENT AS GUARDIAN PURSUANT TO 20 PA C.S.A. §§ 5513 AND 5511 AND PA R.P.C. 2059 DOCKET NO. oZI ' ~~ ~ v.3(a..~ PETITION OF MYLESETTA R. HOFFMAN TO DECLARE HER DAUGHTER, MARILYN J. WEBBER, AN INCAPACITATED PERSON, AND FOR APPOINTMENT AS GUARDIAN PURSUANT TO 20 PA C.S.A. ~§ 5513 AND 5511 AND PA R.P.C. 2059 AND NOW, comes the Petitioner, Mylsetta R. Hoffman, and by her attorney, John Havas, Esquire, respectfully avers and petitions as follows: 1. The name, age, residence and post office address of the alleged incapacitated person is: Marilyn J. Webber 2108 Cedar Run Drive, #103 Camp Hill, Pennsylvania 17011 Date of Birth: October 15, 1952 2. The name and address of the spouse, parents and other presumptive adult heirs of the alleged incapacitated person are as follows: Spouse: Not Applicable. Mother: Mylesetta R. Hoffman 2109 Cedar Run Drive, #207 c~ ~,_., ~- ,o Camp Hill, Pennsylvania 17011 ~~ _ -- __ z, 1 fi ~7 -'-` R~ '7" C7 rrJ , '. t 7 Father: Deceased. n ~" ~; '" ~-~ <~;: _ . Other Presumptive Adult Heirs: ~~ -'-' =°- __ n ~7 ---1 ~~) _.. :Tl ~! Q. Sister: JoLynn M. Klaiber _.. 312 Blacksmith Road Camp Hill, Pennsylvania 17011 717-856-7530 Nephews: Matthew Klaiber 1276 Harbor Walk Baltimore, Maryland 21230 Michael Klaiber 1315 East Blvd. #305 Charlotte, NC 28203 3. The name and address of the institution presently providing residential services to the alleged incapacitated person is: Holy Spirit Hospital Behavior Center 503 North 21~` Street Camp Hill, Pennsylvania 17011 4. The known names and addresses of health care providers and other service providers believed to have provided services to Marilyn J. Webber, and/or believed to be currently providing such services are: Holy Spirit Hospital Behavior Center 503 North 21~` Street Camp Hill, Pennsylvania 17011 Dr. Edward Lulo, M.D. Holy Spirit Hospital Behavior Center 503 North 21~` Street Camp Hill, Pennsylvania 17011 717-763-2228 Jason Miller, Social Case Worker Holy Spirit Hospital Behavior Center 503 North 21" Street Camp Hill, Pennsylvania 17011 717-315-8547 Amy Wa, Social Case Worker Z Holy Spirit Hospital Behavior Center 503 North 21m Street Camp Hill, Pennsylvania 17011 717-315-8547 It is believed there have been numerous other health care providers who are unknown and are difficult or impossible to ascertain by the petitioner due to privacy laws. 5. The name and address of the person or authority whom Petitioner asks to be appointed Guardian, and alternative names and addresses are as follows: Mylesetta R. Hoffman (Mother of Marilyn J. Webber) 2109 Cedar Run Drive #207 Camp Hill, Pennsylvania 17011 717-731-1887 Alternative or Back-up: Donald Klaiber (Brother-in-law of Marilyn J. Webber) 312 Blacksmith Road Camp Hill, Pennsylvania 17011 717-856-7530 Second Alternative: Any non-profit person or entity the Court believes appropriate. 6. The Petitioner and the alternative or back-up person(s) or entities asked to be appointed Guardian for Marilyn J. Webber have no interest adverse to her and seek appointment only for the benefit of Marilyn J. Webber. 7. Plenary Guardianship over the Person of Marilyn J. Webber and Plenary Guardianship of the Estate of Marilyn J. Webber is sought because it is believed Marilyn J. Webber is totally 3 incapacitated and cannot reliably and competently handle her personal or financial affairs due to a mental condition. 8. The steps taken to find less restrictive alternatives to the appointment of a Guardian were the refraining from seeking an appointment following Marilyn J. Webber's hospitalization from November 8, 2010, to December 14, 2010, and attempts to work with her to assure her personal and financial well being, with generally unsuccessful results, prior to her more recent hospitalization following a serious incident on January 31, 2011. A Power of Attorney and Health Care Power of Attorney were drafted in the hope that if Marilyn became clearly lucid and willing and able to sign them, these documents could provide the essential equivalent of what is requested herein. That did not occur prior to her re-hospitalization on or about January 31, 2011. Also, Marilyn's outstanding bills were presented and explained to her during her current re- hospitalization, but she would not and/or could not understand and follow through on the need for their payment. 9. The qualifications of the proposed Guardian are as follows: a. As her mother, Petitioner has her daughter's best interest first and foremost. b. Petitioner lives on the same block as Marilyn J. Webber, her daughter, checks on her regularly, and is generally familiar with her personal and financial affairs and needs. c. Petitioner is experienced in addressing the personal and financial needs required for Marilyn J. Webber, as set forth in paragraph 8 herein, including completing her tax returns for about the last ten (10) years, and will seek counsel, 4 if necessary, to assist with such things as an application for social security disability benefits; and Marilyn's proper health care and other personal needs. d. The alternative and/or back-up Guardian, Donald Klaiber, lives in the same municipality as Marilyn J. Webber, is also generally familiar with her personal and financial affairs and needs, and is an experienced businessman involved in many financial transactions in the real estate industry. 10. Petitioner seeks plenary powers because she believes Marilyn J. Webber, her daughter, is totally incapacitated to reliably and consistently address her personal and financial affairs and needs. At this time Petitioner knows of no income sources for Marilyn J. Webber since about November 5, 2010, when it is believed she was last employed. It is believed that Marilyn J. Webber has a checking account at Metro Bank that was funded solely by her prior employment, and may have a savings account or money market account at Mid-Penn Bank. 11. It is believed that Marilyn J. Webber qualifies for Social Security Disability Benefits, and it is respectfully requested that Petitioner be appointed Guardian Ad Litem for the purpose of applying for such benefits for Marilyn J. Webber, and, if necessary, to seek legal representation to assist her in that regard. 12. To the best of Petitioner's information and belief, Marilyn J. Webber has. no Guardian. 5 WHEREFORE, Petitioner, Mylesetta R. Hoffman, respectfully requests that this Honorable Court schedule a hearing to address the issues and requests stated herein, and to issue an Order that addresses the best interests of Marilyn J. Webber. Telephone No. 717-979-4840 Pa. Supreme Court I.D. No. 15312 Attorney for Petitioner, Mylesetta R. Hoffman Date: ~~ ~-~ r~6) ~ 6 Mechanicsburg, Pennsylvania 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA IN RE: PETITION OF MISC. DOCKET NO. MYLESETTA R. HOFFMAN TO DECLARE HER DAUGHTER. : MARILYN J. WEBBER, AN INCAPACITATED PERSON, AND FOR APPOINTMENT AS GUARDIAN PURSUANT TO 20 PA C.S.A. §§ 5513 AND 5511 AND PA R.P.C. 2059 VERIFICATION The factual statements contained in this Complaint are true and correct to the best of my knowledge. This Verification is made subject to the penalties of 18 Pa. Cons. Stat. Section 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. ~' !1^'1 Myl setts R. Hoffinan, Pet Toner Date: I~'~D4i9C1~ del ~Ll 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION OF MISC. DOCKET NO. MYLESETTA R. HOFFMAN TO DECLARE HER DAUGHTER, MARILYN J. WEBBER, AN INCAPACITATED PERSON, AND FOR APPOINTMENT AS GUARDIAN PURSUANT TO 20 PA C.S.A. §§ 5513 AND 5511 AND PA R.P.C. 2059 CERTIFICATE OF SERVICE Written Notice of this Petition, the rights at stake, and the hearing scheduled on it have been provided to Marilyn J. Webber and the Holy Spirit Hospital Behavior Center in the form required by Pennsylvania Statute (20 Pa.C.S.A. § 5511), by personal service no less than twenty (20) days in advance of the scheduled hearing. In addition, Petitioner shall notify the Court at least seven (7) days prior to the scheduled hearing if counsel has not been retained by or on behalf of Marilyn J. Webber. 8