HomeMy WebLinkAbout85-0117 r<-,,~s
C'7 ~''
`~
~ "~, Z'I
~ ~1
C.._. r-r~y ~~
.C1
" '.~ i
...
p C
t V .~ ~~ i~ .. ~ ~ Y.....,y
.'." ~"'
_ ~.~
~"
IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF
JEAN DORIS HEMPT, CUMBERLAND COUNTY, PENNSYLVANIA
an Incompetent Person
ORPHANS' COURT DIVISION
Nos. 2008 of 1942, 253 of 1977, and 117 of 1985
UNCONTESTED
PETITION FOR THE APPOINTMENT OF A CO-GUARDIAN
FOR THE PERSON OF JEAN DORIS HEMPT
AND FOR THE APPOINTMENT OF A CO-GUARDIAN
FOR THE ESTATE OF JEAN DORIS HEMPT
Gerald L. Hempt, as guardian of the estate and person of Jean Doris Hempt, petitions the
court to appoint W. Robert Mark as co-guardian of the estate of Jean Doris Hempt and Forrest
Mark as co-guardian of the person of Jean Doris Hempt, and in support thereof avers as follows:
1. Jean Doris Hempt was born on January 24, 1927. Because of a disability, she has
resided at The Woods School and Residential Treatment Center ("The Woods School") since
1938.
2. Jean Doris Hempt has never been married and has no children. Her parentis are
deceased.
3. Jean Doris Hempt had two siblings, namely a sister, Dorothy H. Mark, and a
brother, Max C. Hempt.
~~~
4. By Decree dated March 8, 1985, this Honorable Court adjudged Jean Doris Hemet
an incompetent person, and appointed Max C. Hemet and Dorothy H. Mark as guardians of the
estate of Jean Doris Hemet.
5. By Decree dated May 10, 1990, this Honorable Court appointed Max C. Hemet and
Dorothy H. Mark as guardians of the person of Jean Doris Hemet.
6. Dorothy H. Mark died on June 15, 1995.
7. By Decree dated September 3, 1996, this Honorable Court appointed Gf;rald L.
Hemet co-guardian, with Max C. Hemet, of the estate and person of Jean Doris Hemet.
Gerald L. Hemet is the son of Max C. Hemet, and the nephew of Jean Doris Hemet.
8. Max C. Hemet died on May 23, 1999, and since that time, Gerald L. Hemet has
served as the sole guardian of the estate and person of Jean Doris Hemet.
9. Because of her incompetency, Jean Doris Hemet never had and never will have the
capacity to make a valid will.
10. When Jean Doris Hemet dies, her intestate heirs will be the surviving is>ue of
Max C. Hemet and Dorothy H. Mark. Currently, these surviving issue are:
Issue of Max C. Hemet Issue of Dorothy H. Mark
Gerald L. Hemet W. Robert Mark
Marian H. Semoff Forrest H. Mark
Martha Bair Steven E. Mark
Max J. Hemet
Christine Hemet Murphy
11. In order that a family member of the Marks participate in the guardianship of the
estate and person of Jean Doris Hemet, Petitioner seeks the appointment of co-guardians for the
person, and for the estate, of Jean Doris Hemet.
-2-
12. The proposed co-guardian for the estate of Jean Doris Hempt is W. Robert Mark,
the son of Dorothy H. Mark and the nephew of Jean Doris Hempt. W. Robert Mark has
consented to serve as the co-guardian of the estate of Jean Doris Hempt. A copy of leis consent is
attached hereto as Exhibit A.
13. W. Robert Mark has agreed that, if appointed as co-guardian of the estate of Jean
Doris Hempt, he will serve without compensation, except that expenses reasonably and.
necessarily incurred in performing services will be reimbursed, up to $2,000 annually. See, Ex.
A.
14. W. Robert Mark is a shareholder in C.A. Hempt Estate, Inc., a company with
substantial assets located in Cumberland County, so it is respectfully submitted that r~o bond is
necessary for his service as a co-guardian of the estate of Jean Doris Hempt.
15. The proposed co-guardian for the erson of Jean Doris Hempt is Forrest H. Mark,
the son of Dorothy H. Mark and the nephew of Jean Doris Hempt. Forrest H. Mark has
consented to serve as the co-guardian of the person of Jean Doris Hempt. A copy of his consent
is attached hereto as Exhibit B.
16. Forrest H. Mark has agreed that, if appointed co-guardian of the person of Jean
Doris Hempt, he will serve without compensation, except that expenses reasonably ar~d
necessarily incurred in performing services will be reimbursed, up to $2,000 annually. See, Ex.
B.
17. Forrest H. Mark is a shareholder in C.A. Hempt Estate, Inc., a company with
substantial assets located in Cumberland County, so it is respectfully submitted that no bond is
necessary for his service as a co-guardian of the person of Jean Doris Hempt.
-3-
18. All of the currently surviving issue of Max C. Hempt and Dorothy H. Mark concur
in this Petition. A copy of the concurrence is attached hereto as Exhibit C.
WHEREFORE, Petitioner respectfully requests that this Honorable Court: ~,l;l appoint
W. Robert Mark to serve as the co-guardian of the estate of Jean Doris Hempt; and, (;2} appoint
Forrest H. Mark to serve as the co-guardian of the erson of Jean Doris Hempt.
McNEES WALLACE & NURICK LLC
/~
B ~ --
y. _
D na .Kaufman
I.D. No. 49674
Kimberly M. Colonna
LD. No. 80362
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108
Tel. 717-232-8000
Fax. 717-237-5300
Dated: May 24, 2011
-4-
VERIFICATION
Subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to
authorities, I hereby certify the facts set forth in the foregoing document are true anti correct to
the best of my knowledge, or information and belief.
r
Gera d L. Hempt
Dated: B~G~ `~~~ , 2011
E~~-IIBIT A
IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF
JEAN DORIS HEMPT, CUMBERLAND COUNTY, PENNS~c'LVANIA
an Incompetent Person
ORPHANS' COURT DIVISION
Nos. 2008 of 1942, 253 of 1977, and 117 of 1985
CONSENT OF CO-GUARDIAN OF THE ESTATE
I, W. Robert Mark, certify that I am willing to serve as the co-guardian of the estate of
Jean Doris Hempt. My current residence is 1148 Linkside Drive, Atlanta Beach, FL, 32233.
My occupation is (cam- `~'~~ ~~-~'~ni~{"
I certify that I speak, read and write the English language.
I certify that I do not have an interest adverse to Jean Doris Hempt.
If appointed, I agree to serve without compensation, except that I may seek reimbursement of
expenses reasonably and necessarily incurred in performing services up to $2,000 annually.
W. Robert Mark
EXHIBIT B
IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF
JEAN DORIS HEMPT, CUMBERLAND COUNTY, PENNSYLVANIA
an Incompetent Person
ORPHANS' COURT DIVISION
Nos. 2008 of 1942, 253 of 1977, and 117 of 1985
CONSENT OF CO-GUARDIAN OF THE PERSON
I, Forrest H. Mark, certify that I am willing to serve as the co-guardian of the person of
.-`ean Doris I-Tempt. Niy current residence is 2833 Sinks Canyon Koad, Lander, Wyoming 82530.
M occu anon is .~~t~- ~~ `' ~ ~ ~ ~ ~ ;.~ ~ ~ ~~
Y P G ~ r~i `~ - PC,~z~~~ ~Jr~ 1~lllr/~,~` fi ~ ~" Nils,~~f,~
I certify that I speak, read and wri e the English language.
I certify that I do not have an interest adverse to Jean Doris Hempt.
If appointed, I agree to serve without compensation, except that I may seek reimbursement of
expenses reasonably and necessarily incurred in performing services up to $2,000 annually.
~^ fs
e~ ~~.
Forrest H. Mark
~XI~IBIT C
IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF
JEAN DORIS HEMPT, CUMBERLAND COUNTY, PENNSYLVANIA
an Incompetent Person :
ORPHANS' COURT DIVISION
Nos. 2008 of 1942, 253 of 1977, and 117 of 1985
CONCURRENCE
Max J. Hempt, Christine Hempt Murphy, Gerald L. Hempt, Marian H. Semoff, Martha
Bair, W. Robert Mark, Forrest H. Mark, and Steven E. Mark, by and through their undersigned
counsel, each hereby concur in the petition for the appointment of W. Robert Mark as the co-
guardian of the estate of Jean Doris Hempt and for the appointment of Forrest H. Mark as the co-
guardian of the person of Jean Doris Hempt.
JOHNSON, DUFFIE,
STEWART & WEIDNER
By ~-_
J y Duffie, squire
.D. No.
3 01 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Max J. Hempt, and
Christine Hempt Murphy
ZULLINGER & DAMS
By _
Joel Zullinger, Esquire
I.D. No. 17516
14 North Main St., Suite 200
Chambersburg, PA 17201
Attorneys for W. Robert Mark,
Forrest H. Mark, and Steven E. Mirk
S WALLACE ~ N~tJRICK LLC
By ~iC~ ,
'chard W. Stevens ,Esquire
I.D. No. 7120
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108
Attorneys for Gerald L. Hempt, Marian H. Semoff,
and Martha Bair
DATE: _~ a y , 2011
IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF
JEAN DORIS HEMPT, CUMBERLAND COUNTY, PENNS~r'LVANIA
an Incompetent Person
ORPHANS' COURT DIVISION
Nos. 2008 of 1942, 253 of 1977, and 117 of 1985
CONCURRENCE
Max J. Hempt, Christine Hempt Murphy, Gerald L. Hempt, Marian H. Semoff, Martha
Bair, W. Robert Mark, Forrest H. Mark, and Steven E. Maxk, by and through their undersigned
counsel, each hereby concur in the petition for the appointment of W. Robert Mark as the co-
guardian of the estate of Jean Doris Hempt and for the appointment of Forrest H. Mark as the co-
guardian of the person of Jean Doris Hempt.
JOHNSON, DUFFIE,
STEWART & WEIDNER
ZULLINGER & DAMS
By
Jerry R. Duffie, Esquire
I.D. No. 9601
301 Market Street
P. O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Max J. Hempt, and
Christine Hempt Murphy
McNEES WALLACE & NURICK LLC
By
Richard W. Stevenson, Esquire
I.D. No. 7120
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108
Attorneys for Gerald L. Hempt, Marian H. Semoff,
and Martha Bair
BY ~Y ~. ~XX.w~h,C.C~
J~1 Zullinge , squire d
I. . No. 1751
14 North Main St., Suite 20CI
Chambersburg, PA 17201
Attorneys for W. Robert Mark,
Forrest H. Mark, and Steven E. M, ark
DATE: ~a~'-~~_ , 2011
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the foregoing document
was served upon this date by first-class mail, postage prepaid, addressed as follows:
Jerry R. Duffie, Esquire
JOHNSON, DUFFIE,
STEWART & WEIDNER
301 Market Street, P. O. Box 109
Lemoyne, PA 17043-0109
Attorneys for Max J. Hempt and
Christine Hempt Murphy
Joel Zullinger, Esquire
ZULLINGER & DAMS
14 North Main St., Suite 200
Chambersburg, PA 17201
Attorneys for W. Robert Mark,
Forrest H. Mark, and Steven E. Mark
Richard W. Stevenson, Esq.
McNEES WALLACE & NURICK LLC
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108
Attorneys for Gerald L. Hempt, Marian H. Semoff,
and Martha Bair
' berly M. Colonna
Dated: May 31, 2011
McNees
Wallace & Nurick ~~c
~t ire ~~;~ ~ '~ ~ ~ -~ ~t'~~i", ~ 71 t~$- ~ Kimberly M. Colonna
~'' ~~°°~~€ ~~ ~7.~t~ Direct Dial: 717.237.52783
Direct Fax: 717.260.1674
kcolonna@mwn.com
May 31, 2011
Ms. Glenda Farner Strasbaugh
Clerk of Orphans' Court
Cumberland County Court of Common Pleas
One Courthouse Square, Room 102
Carlisle, PA 17013-3387
RE: In the Matter of Jean Doris Hempt, Nos. 2008 of 1942, 253 of 1977, and 117 of 1985
Dear Ms. Strasbaugh:
Enclosed for filing is an Uncontested Petition for the Appointment of Co-Guardians of the Estate
and Person of Jean Doris Hempt. Because we are requesting that this Petition be docketed
under three docket numbers, we have included a check for a filing fee of $45.
Also enclosed is an extra copy of the Uncontested Petition, which we ask that you date-stamp
and return in the envelope provided.
We have also enclosed four copies of a proposed decree, and envelopes with postage for the
mailing of the decree to the counsel for the interested parties.
Thank you for your attention to this matter.
Sincerely,
McNEES WALLACE & NURICK LLC
By ~
Kimberly M. Colonna
Enclosures
c (w/encl.): Jerry R. Duffie, Esq.
Joel Zullinger, Esq.
Richard W. Stevenson, Esq.
www.mwn.com
HARRISBURG, PA '~ LANCASTER, PA ~ STATE COLLEGE, PA ~ HAZI_rTON, PA • C01_UMBUS, OH • WASF#INtaTON, DC
IN THE MATTER OF 1N THE COURT OF COMMON PLEAS OF
JEAN DORIS HEMPT, CUMBERLAND COUNTY, PENNSYLVANIA
an Incompetent Person
ORPHANS' COURT DIVISION
Nos. 2008 of 1942, 253 of 1977, and 117 of 1985
DECREE APPOINTING CO-GUARDIANS
AND NOW, this ~ ` day of ~jv...~ , 2011, upon consideration of the
"Uncontested Petition for the Appointment of a Co-Guardian for the Person of Jean Doris Hempt
and for Appointment of a Co-Guardian of the Estate of Jean Doris Hempt," IT IS ORDERED
AND DECREED that: (1) W. Robert Mark is hereby appointed a co-guardian (w-ith Gerald L.
Hempt) of the estate of Jean Doris Hempt; and (2) Forrest H. Mark is hereby appointed a co-
guardian (with Gerald L. Hempt) of the ep rson of Jean Doris Hempt. No bond shall be required
of these co-guardians.
,~
a-
w _ ;
Cs~: .-- f--
~
~C
_
~~..~ ~. L._
y
~ r"! ly..- ~ ~.
`
''
.
i ~ ~..}~
~ ~ ~~
LL
Distribution: Jerry R. Duffle, Esq., Johnson, Duffle, Stewart & Weidner, 301 Market St. P.O. Box 109,
Lemoyne PA, 17043-0]09
Joel Zullinger, Esq., Zullinger & Davis, 14 N. Main St., Suite 200, Chambersburg, PA 17201
Richard W. Stevenson, Esq., McNees Wallace & Nurick LLC, 100 Pine St., P.O. Box 1 166,
Harrisburg, PA 17108-1166
' ~~
~,
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: JEAN DORIS HEMPT CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-1985-117
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE:
IN RE: DECREE APPOINTING CO-GUARDIANS
SERVICE TO: RICH STEVENSON
JERRY R DUFFIE
JOEL ZULLINGER
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 6/7/11
SERVICE TO:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
Deputy
Clerk of Orphans' Court ~