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HomeMy WebLinkAbout04-24-12IN RE: :THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DODIE RAE STIMELING, :ORPHANS' COURT DIVISION .~- An Alleged Incapacitated Person : NO. 21-2012- (~ ~ ~~ PETITION FOR ADJUDICATION OF INCAPACITY TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of JEFFREY L. STIMELING, by his attorney, Wayne F. Shade, Esquire, respectfully represents, as follows: I . Petitioner JEFFREY L. STIMELING, is the brother of the alleged incapacitated person herein and is an adult individual who was born on July 25, 1967, and resides at 1917 Tahiti Place, Kissimmee, Florida 34741. 2. Dodie Rae Stimeling, the alleged incapacitated person herein, was born to Paul B. Stimeling and Jane Stimeling on January 14, 1966. 3. At 3 years of age, Dodie Rae Stimeling suffered a severe traumatic brain injury. 4. More than 30 years ago, the parents of Dodie Rae Stimeling were divorced. 5. After the divorce of the parents of Dodie Rae Stimeling, she was raised by her mother in Carlisle, Pennsylvania. 6. For more than 25 years, the mother of Dodie Rae Stimeling was assisted in caring for her by Eileen J. Heberlig of 149 East Louther Street, Carlisle, Pennsylvania. 7. Eileen J. Heberlig is 70 years of age, but she is in good health. 8. Eileen J. Heberlig is completely familiar with the needs of Dodie Rae Stimeling .~ for care and is willing to serve as the guardian of her person and estate. ~?° - ' ~" -T, u ` I ~` `7 .1 ._. 9. The mother of Dodie Rae Stimelin died on Jul 20 2011. '' =~' g Y ~ ~ -~ `~' ~-- .. _. :.. _ .. ; . ., ~:~;~ - i ti C'.t ~Tl `•, t~ l 10. Upon the death of her mother, Dodie Rae Stimeling went to live with Petitioner in Florida. 11. The condition of Dodie Rae Stimeling is such that she requires constant supervision. 12. As a result of the demands of the care of Dodie Rae Stimeling, Petitioner lost his job. 13. Petitioner will be unable to support himself and his family and also care for Dodie Rae Stimeling. 14. There is a 10 year waiting list of 20,000 people for the care of people with severe disabilities in the State of Florida. 15. The next of kin of Dodie Rae Stimeling is her father, Paul B. Stimeling, who resides at 142 Chateau Drive, Pendleton, Indiana 46064. 16. The father of Dodie Rae Stimeling is unable to serve as the guardian of Dodie Rae Stimeling, and by his joinder in this Petition, he confirms his consent to the adjudication of Dodie Rae Stimeling as a totally incapacitated person and the designation of Eileen J. Heberlig as the plenary guardian of the person and estate of Dodie Rae Stimeling. 17. Dodie Rae Stimeling has no assets. 18. Dodie Rae Stimeling was never a member of the armed forces of the United States, and she does not receive benefits from the United States Veterans Administration. -2- 19. Eileen J. Heberlig is unrelated to Dodie Rae Stimeling and has no interest that is adverse to the interests of Dodie Rae Stimeling. 20. The consent of Eileen J. Heberlig to the guardianship is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth. 21. The sole income of Dodie Rae Stimeling is $910 per month in the form of SSI disability. 22. The income of Dodie Rae Stimeling is insufficient to pay the value of her care. 23. No court has ever assumed jurisdiction in any proceeding to determine the capacity of Dodie Rae Stimeling. 24. Dodie Rae Stimeling has no Guardian of her estate or person. WHEREFORE, Petitioner prays that a Citation issue directed to Dodie Rae Stimeling herein with notice thereof to Paul B. Stimeling to show cause why she should not be adjudicated a totally incapacitated person and a plenary Guardian of her person and estate be appointed without the requirement of bond. Respectfully submitted, Wayn .Shade, Esquire Supreme Court I.D. # 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243 -0220 Attorney for Petitioner -3- f. ['aul t3. Stim~lin~. the fi~th~r of D~~~iic ~Z~1C Stim~lim" herrhv jt~in in this l'~titiim. .. ~. , U~ _~ C'<iul t3. Stim~li~l~~ 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. Date: April 16, 2012 ;~ -_._ e f ey L. Stimeling IN RE: :THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DODIE RAE STIMELING, :ORPHANS' COURT DIVISION An Alleged Incapacitated Person : NO. 21-2012- ACCEPTANCE BY PROPOSED GUARDIAN EILEEN J. HEBERLIG hereby certifies that she is an adult individual who resides at 149 East Louther Street, Carlisle, Pennsylvania, and that as such, she hereby accepts appointment of the guardianship of the person and estate of Dodie Rae Stimeling. It is further certified that the proposed Guardian has no interest in any estate in which Dodie Rae Stimeling has an interest and that the proposed Guardian has no interest adverse to Dodie Rae Stimeling. Date: April 16, 2012 ~~, -~ , ~~_ i een J. Heb rlig EXHIBIT "A"