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Home My WebLink About11-03-11IN RE: AI HUA CHEN An incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. ll - ~ i :~ ' ~.~ ORPHANS PETITION TO ADJUDICATE INCAPACITATED AND APPOINT GUARDIAN OF THE PERSON/ESTATE TO THE HONORABLE JUDGES OF SAID COURT: ~ ~_ ~-t, fl-I ! 1J _` .;~ - -, = --~ , ~ Ai Hua Chen, the alleged incapacitated person, resides at 7 Hedge Row Lane, Carlisle, Pennsylvania 17015. Ai Hua Chen is fifty-eight (58) years old. 2. Ai Hua Chen is married to Zhang Jin E. 3. Ai Hua Chen is not a patient in a mental hospital. 4. The Petitioner, Kong Ji Chen, is a son of the alleged incapacitated person. 5. The Petitioner resides at 7 Hedge Row Lane, Carlisle, Pennsylvania 17015. 6. The names and addresses of the wife and children of Ai Hua Chen who would be the intestate heirs and next of kin of Ai Hua Chen are as follows: a. Zhang Jin E, wife of alleged incapacitated person, residing at 7 Hedge Row Lane, Carlisle, Pennsylvania 17015. b. Ricky Chen, son of alleged incapacitated person, residing at 2031 Stone Leigh Drive, Winchester, Virginia 22601. c. Jin Kong Chen, son of alleged incapacitated person, residing at 7 Hedge Row Lane, Carlisle, Pennsylvania 17015. 7. The name and address of the person or institution providing residential services to Ai Hua Chen is: ~. Penn State Hershey Medical Center 500 University Drive Hershey, PA 17033 8. The names and addresses of other service providers are as follows: None 9. Ai Hua Chen was never a member of the Armed Services of the United States. Ai Hua Chen is not receiving benefits from the United States Veterans Administration. 10. The Petition asks that Petitioner be appointed as Guardian of Ai Hua Chen. The proposed Guardian is Ai Hua Chen's son. 11. The proposed Guardian has no interest which is adverse to the interests of Ai Hua Chen. 12. Petitioner believes, and therefore avers, that no Court has ever assumed jurisdiction in a proceeding to determine whether Ai Hua Chen is incapacitated. 13. Petitioner believes, and therefore avers, that Ai Hua Chen does not have a Guardian already. 14. Guardianship is being sought because Ai Hua Chen has been in a coma since August 11, 2011 following an accidental skull fracture resulting from falling off a ladder at work. He is incapable of any communication or ability to make decisions on his own behalf. He is incapable of any voluntary physical activity. 15. The functional limitations and physical and mental condition of Ai Hua Chen are set forth in the report of his physician, attached hereto as Exhibit "A." 16. The appointment of a Guardian is required to safeguard the person and property of Ai Hua Chen since he is not capable of managing his own affairs. Petitioner is not aware that Ai Hua Chen signed any Power of Attorney or Advance Healthcare 2 Directives or in any other which designated anyone to serve as his agent over any of his personal or financial affairs or as his surrogate over his medical care. 17. The Petitioner requests that the Guardian be granted powers to act for Ai Hua Chen in the following specific areas: all matters for which a durable general power of attorney and durable health care power of attorney, together with all other powers permitted under the Probate Estate and Fiduciaries Code as plenary Guardian. 18. The Petitioner has the following qualifications: Petitioner, Kong Ji Chen, is the son of Ai Hua Chen, and is 31 years of age. Petitioner resides with his mother, Zhang Jin E, and father, Ai Hua Chen. Petitioner works with Ai Hua Chen at Chen's King Buffet in Carlisle. Petitioner is intimately familiar with Ai Hua Chen's financial and personal affairs, and is the best available resource offering the least restrictive alternative to continue the care and supervision of the needs of Ai Hua Chen. Petitioner has been elected by his mother and siblings as the best person to make decisions on behalf of Ai Hua Chen as his Guardian, as evidenced by their consents, attached herein as Exhibit "B." 19. The gross value of the liquid assets of the Estate of Ai Hua Chen is estimated to be approximately $13,000.00. The Petitioner and alleged incapacitated person have a joint checking and savings account held at Wells Fargo Bank on East High Street, Carlisle, PA worth approximately $3,000.00. The alleged incapacitated person has a business checking account at the same bank worth approximately $10,000.00. In addition to any income generated by the liquid assets, according to the Petitioner's knowledge and belief, there is additional gross income from Chen's King Buffet of $20,000.00 per year. Ai Hua Chen has additional personal assets, not itemized here, but believed to be worth 3 $55,000.00 of jointly held equity of the home located at 7 Hedge Row Lane, Carlisle, Pennsylvania where the Petitioner and alleged incapacitated person reside. The home is jointly titled in the names of the Petitioner and alleged incapacitated person. 20. Attached as Exhibit "A" is a report from Joseph C. Zacko, M.D. attending physician at Hershey Medical Center, providing that Ai Hua Chen remains at Hershey Medical Center in a coma with a questionable prognosis for recovery. Based upon the same, it is requested that the attendance of Ai Hua Chen at any hearing in this matter be excused. Such attendance, if compelled, would not result in any probative information for the Court because Ai Hua Chen is comatose. Such attendance, if compelled, would be at great risk and expense. 21. All of the next of kin, to wit: the wife and all children of Ai Hua Chen, consent to this Petition and join in the request for relief. Exhibit "B", attached hereto, includes a Consent and Joinder executed, individually, by wife and all children of Ai Hua Chen. The Petitioner respectfully requests that the Court, under Section 5511 of the Probate, Estates and Fiduciaries Code, issue a citation to Ai Hua Chen, the alleged incapacitated person; and to such other persons as the Court directs, to show cause why 4 Ai Hua Chen should not be adjudged to be an incapacitated person and that a plenary Guardian of his person and estate be appointed. Respectfully submitted, -~- , ,~ Date: ~ ~ ~ ~ ~ ~' !..- ~~`r~~`~ ;l+ ~._~.~ 1 Roger M. Morgenthal, quire I.D. No. 17143 4431 North Front Street, 3rd Floor Harrisburg, PA 17110 717-234-2401 Attorney for Petitioner 5 VERIFICATION I, Kong Ji Chen, 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. Date: ~ ~ ~ ~ ~ ' ~r Kong Ji en ~ ~~ 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, AI HUA CHF,N )PENNSYLVANIA ORPHANS' COURT DNISION An incapacitated person ) NO. CONSENT TO APPOINTMENT AS GUARDIAN 1. The name of the proposed Guardian is Kong Ji Chen. 2. The proposed Guardian resides at 7 Hedge Row Lane, Carlisle, PA 17015 3. The proposed Guardian's occupation is: Restaurant manager. 4. The proposed Guardian speaks, reads, and writes the English language. 5. The proposed Guardian does not have an interest adverse to the alleged incapacitated person. 6. The proposed Guardian is not a fiduciary, or an 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 an officer or employee of a corporate surety of such fiduciary. 7. The proposed Guardian consents to act as Guardian for Ai Hua Chen. Date: _~ ' / ~ ~ ~ ~ ~ ~ Kong Ji Ch EX~-IIBIT A To Whom It May Concern: I am one of the treating physicians for Ai Hua Chen, born 8/3/53. Mr. Chen has been a patient at Penn State Hershey Medical Center since 8/11/11. Mr. Chen underwent emergency surgery for a head injury and has been at Hershey Medical Center since 8/11/11. Mr. Chen has been in a coma at Hershey Medical Center since 8/11/11. Mr. Chen's prognosis is unknown at this time as to when, if ever, Mr. Chen will recover any or all of his mental faculties. In his present medical condition, in a coma, Mr. Chen is unable to communicate or make any decisions on his own behalf. .~--- Date: ~~ z~ ~~ Si ture of ysician Pnnt full name of physician EXHIBIT B IN RE: ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AI HUA CHEN )ORPHANS' COURT DIVISION An incapacitated person ) NO. CONSENT AND JOIlVDER I, Zhang Jin E, wife of Ai Hua Chen, upon review of the PETITION TO ADJUDICATE INCAPACITATED AND APPOINT GUARDIAN OF THE PERSON/ESTATE regarding my husband, Ai Hua Chen, do hereby consent and join in the said Petition. Date: s ~ ~ ~ ~ ~ / 2.l~~l~~ 1~ ( ,J ~ ~~ ~ Zhang Jin E IN RE: ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AI HUA CHEN )ORPHANS' COURT DIVISION An incapacitated person ) NO. CONSENT AND JOINDER I, Ricky Chen, son of Ai Hua Chen, upon review of the PETITION TO ADJUDICATE INCAPACITATED AND APPOINT GUARDIAN OF THE PERSONiESTATE regarding my father, Ai Hua Chen, do hereby consent and join in the said Petition. ~ ~ Date: ` D -- 2 ~ - / ~" __ .:.~ ..__ ,r. , ~~ ~` C R cky Chen ~ ~' ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, AI HUA CHEN )PENNSYLVANIA ORPHANS' COURT DIVISION An incapacitated person ) NO. CONSENT AND JOINDER I, Jin Kong Chen, son of Ai Hua Chen, upon review of the PETITION TO ADJUDICATE .INC.APACITATED AND APPOINT GUARDIAN OF THE PERSON/ESTATE regarding my father, Ai Hua Chen, do hereby consent and join in the said Petition. Date: 1o~2~~ao~~ Jin Kong Chen