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HomeMy WebLinkAbout05-11-11IN RE: ANDREW M. STERN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~C", PENNSYLVANIA ORPHANS' COURT DIVISION An alleged incapacitated person : NO. 21-11-0514 On the Petition of PAULA A. STERN and JOHN K. STERN PROOF OF SFRVIC~'. OF CIT.A.'I'ION I, Nicole M. Weigel, Esquire, attorney for Petitioners, hereby certify that service of a copy of the Citation and Petition, a copy of which is attached, was made on Andrew M. Stern, by having a copy of it read to him as well as hand delivering a copy to him on May 10, 2011, at 11:00 a.m. at the offices of Hazen Elder Law, 2000 Linglestown Road, Suite 202, Harrisburg, Pennsylvania 17110. The Petition and Citation were read and explained to the alleged incapacitated person, to the maximum extent possible, in language and terms he was likely to understand. Respectfully Submitted, HA~EN ELDER LAW ~' ~ ~ ~, 1 ~ ~ ~ \ t ~~ Date JJJ By: Nicole M. Weigel, Esquire Attorney for Petitioners PA ID No. 206827 2000 Linglestown Road Suite 202 Harrisburg, PA 17110 (717) 540-4332 r ~. ~: ~ ~_.., f. ~ - .. C~ ,: ,. u _. 1~ ry t ~~_.-., ~~ COPY IN RE: ANDREW M. STERN, AN ALLEGED INCAPACITATED PERSON IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA __,~.~ ORPHANS' COURT DIVISION n ~ : ~ .`- - c~ ,~. NO.21-11-0514 - ~~., r._: -. - . --~ - .; ~~ :~ ~ ~---~ IMPORTANT NOTICE ~~' CITATION WITH NOTICE - ~ ~ -~ ~ - `T` 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 right to manage money and property and to make decisions. A copy of the petition which has been filed by Paula A Stern and John K Stern, by and through their attorney Nicole M. Weigel, Esquire is attached. You are hereby ordered to appear at a hearing to be held in Court Room No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania, on June 17 , 2011, at 3:00 P.M. to tell the Court why it should not find you to be an incapacitated Person and appoint an Emergency CJuardian 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 an Emergency Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Emergency 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 hearing (either in person or by an attorney representing you) the court will still hold the hearing in your absence and may appoint the Emergency Guardian requested. Date: April 29, 2011 Y• C1 rk, Orphans' Court Division Cumberland County, Carlisle, PA My Commission Expires 1St Monday, January, 2014 COPY IN RE: ANDREW M. STERN An alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION :NO. ~~- it -S 1~ d~ On the Petition of PAULA A. STERN and JOHN K. STERN PETITION FOR APPOINTMENT OF CO-GUARDIANS OF THE PERSON AND ESTATE OF AN ALLEGED INCAPACITATED PERSON TO THE HONORABLE PRESIDING JUDGE OF SAID COURT: NOW COME, Petitioners, PAULA A. STERN and JOHN K. STERN, both of 984 Mt. Rock Road, Carlisle, Pennsylvania 17015, by and through their attorney, Nicole M. Weigel, Esquire, and file the within Petition for the Appointment of Co-Guardians of the Person and Estate of an Alleged Incapacitated Person, and in support hereof, aver as follows: 1. ANDREW M. STERN, the alleged incapacitated person, currently resides at Petitioners' residence, 984 Mt. Rock Road, Carlisle, Pennsylvania 17015. He is twenty-three (23) years old, his date of birth being November 8, 1987. 2. ANDREW M. STERN has no children. 3. ANDREW M. STERN is not a patient in a mental hospital. 4. The Petitioners are ANDREW M. STERN's mother, PAULA A. STERN, and his father, JOHN K. STERN, of 984 Mt. Rock Road, Carlisle, Pennsylvania 17015. 5. The names and addresses of those persons who would be the intestate heirs (or next of kin) of ANDREW M. STERN are as follows: .~. ', ,:. PAULA A. STERN (Petitioner/Mother) 984 Mt. Rock Road Carlisle, Pennsylvania 17015 JOHN K. STERN (Petitioner/Father) 984 Mt. Rock Road Carlisle, Pennsylvania 17015 6. The name and address of the person or institution providing residential services to ANDREW M. STERN are: his parents, PAULA A. STERN and JOHN K. STERN, 984 Mt. Rock Road, Carlisle, Pennsylvania 17015. 7. The names and addresses of other service providers are as follows: None. 8. ANDREW M. STERN's primary physician is: Dr. Joseph A. Pion, D.O., 100 South High Street, Newville, Pennsylvania 17241, (717) 776-3114. 9. ANDREW M. STERN was not a member of the Armed Services ofthe United States nor is he receiving benefits from the United States Veterans Administration. 10. The Petitioners ask that they, PAULA A. STERN and JOHN K. STERN, be appointed as ~o-guardians, acting jointly and/or individually for the person and estate of ANDREW M. STERN. The proposed guardians are the parents of ANDREW M. STERN. 1 1. The proposed co-guardians have no interests that are adverse to the interests of ANDREW M. STERN. 12. Petitioners believe, and therefore aver, that no Court has ever assumed jurisdiction in a proceeding to determine whether ANDREW M. STERN is incapacitated. 13. Petitioners believe, and therefore aver, that ANDREW M. STERN has not previously had a guardian appointed, nor is a guardianship hearing pending in any other jurisdiction. 14. The reasons why this guardianship is being sought are as follows: ANDREW M. STERN is unable to manage his financial affairs or to make decisions regarding health care/medical decisions, due to autism and moderate mental retardation. 15. The functional limitations and physical and mental condition of ANDREW M. STERN are: ANDREW M. STERN is not able to manage his financial affairs, nor is he able to make competent decisions as far as his welfare is concerned. ANDREW M. STERN requires some level of assistance with all of his activities of daily living. 16. The following steps have been taken, in order to find less restrictive alternative to the appointment of a guardian: ANDREW M. STERN 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 ANDREW M. STERN. 17. The Petitioners request that the co-guardians be granted powers to act for ANDREW M. STERN 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. 18. Petitioners also request that they, in their capacity as plenary co-guardians (jointly and/or individually) of the person and estate of ANDREW M. STERN, have the power and authority to serve as personal representatives (jointly and/or individually) for ANDREW M. STERN for all purposes of the Health Insurance Portability and Accountability Act of 1996, (Pub. L.104-191), 45 CFR Sections 160 through 164, including but not limited to full authority to review his medical records and to execute releases of confidential information from. medical providers and insurers or other third party payors. 19. The proposed co-guardians have the following qualifications: The proposed co- guardians are the parents of ANDREW M. STERN. The proposed co-guardians love and care for ANDREW M. STERN. 20. ANDREW M. STERN's assets total approximately Seven Hundred Dollars ($700.00). 21. ANDREW IVI. STERN's net income from all sources totals approximately Five Hundred and Seventy Dollars ($570.00) per month. Petitioners respectfully request that the Court, under Section 5511 of the Probate, Estates and Fiduciaries Code, issue a Citation to ANDREW M. STERN, ANDREW M. STERN's next of kin, and to such other persons as the Court directs, to show cause why ANDREW M. STERN should not be adjudged to be an incapacitated person and plenary co-guardians of his person and estate be appointed. Respectfully submitted, Date: ~'~ ZZ ~ ~ I3AZEN ELDER LAW ~~U ~ ~~~~ Nicole M. Weigel, Esq. PA I.D. No. 206827 2000 I.,inglestown Road, Suite 202 Harrisburg, PA 17110 (717) 540-4332 -Phone (717) 540-4313 -Fax nweigel@hazenelderlaw. com IN RE: ANDREW M. STERN An alleged incapacitated person : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. On the Petition of PAULA A. STERI~i and JOHN K. STERN 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 unsworn falsification to authorities. PAULA A. STERN VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject t© the penalties of 18 PA.C.S. § 4904, relating to unsworn falsification t~ auth~rities_ ~ ~~ ANDREW M. STERN : IN THE COURT OF COMIVION PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION An alleged incapacitated person : NO. On the Petition of PAULA A. STERN and JOHN K. STERN CQNS~N'i' TO APPOINTMEI'~IT AS GUARDIAN 1 • The name of the proposed co-guardian of the person of ANDREW M. STERN is PAULA A. STERN. 2. The name of the proposed co-guardian of the estate of ANDREW M. STERN is PAULA A. STERN. 3 • The Proposed co-guardian speaks, reads and writes the English language. 4- The proposed co-guardian does not have an interest adverse to the alleged incapacitated person. 5. The proposed co-guardian is employed at Cumberland Crossings Skilled Nursing Facility as a Registered Nurse. 6- The Proposed co-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: ~ ~ ~ ~ ~ I AULA A. STERN IN RE: ANDREW NI. STERN An alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLTNI`Y, PENNSYLVANIA ORPHANS' COURT DIVISION NO. On the Petition of PAULA A. STERN and JOHN K. STERN CONSENT TO APPOINTMENT AS GUARDIAN i . The name of the proposed co-guardian of the person of ANDREW M. STERN is JOHN K. STERN. 2. The name of the proposed co-guardian of the estate of ANDREW M. STERN is JOHN K. STERN. 3. The proposed co-guardian speaks, reads and writes the English language. 4. The proposed ca-guardian does not have an interest adverse to the alleged incapacitated person. 5. The proposed co-guardian is employed at Herre Brothers, Inc. as a Heating, Ventilation and Air-Conditioning Technician. 6. The proposed co-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: ~ l ~~ Z 6 ~~ ~ ~ J4 K. S