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Home My WebLink About07-20-12IN RE: SARAH KATE NAPOLI, a Minor and an Alleged Incapacitated Person . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PF~NSYLVA;E'~~A ORPHANS' COURT DIVIS7~ P:~ _~ - c~ ~~, PETITION UNDER SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDICATE SARAH KATE NAPOLI INCAPACITATED AND TO APPOINT GUARDIANS OF HER PERSON AND ESTATE TO THE HONORABLE ORPHANS' COURT JUDGE: C. -~ ='; r~ ..~ ~.~.3 cti~ 1• Petitioners are Joseph A. Napoli and Debra A. Napoli, adult individuals who reside at 135 Simmons Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. Petitioners are the parents and natural guardians of one child, Sarah Kate Napoli, a minor and an alleged incapacitated person ("Sarah Kate Napoli" or "Katie"). 2. Sarah Kate Napoli, the alleged incapacitated person, is 17 years old having been born on August 30, 1994. As part of a temporary residential, therapeutic placement, Katie resides with Robert and Shirley Mark, husband and wife, at their home -located at 117 Yoder Road, Bainbridge, Lancaster County, Pennsylvania 17502. 3. Katie has no siblings or next of kin (other than Petitioners). However, the following interested parties may be entitled to notice of this proceeding: Mr. and Mrs. Robert Mark 117 Yoder Road Bainbridge, PA 17502 -z• ~~ r ~ C"5 ~ ~ ;} ~~=; ,i,_, _~ =_ _ ~:-:, ~~. !-T~ `• J r'~'\ ~'Tl Ms. Abby Meck Keystone Children and Family Services 3700 Vartan Way Harrisburg, PA 17110 4. The name and address of the person or institution most recently providing residential services to Sarah Kate Napoli are as follows: Mr. and Mrs. Robert Mark 117 Yoder Road Bainbridge, PA 17502 5• The name and address of other service providers are as follows: Ms. Abby Meck Keystone Children and Family Services 3700 Vartan Way Harrisburg, PA 17110 6. Katie is not a member of the United States Armed Services and has not been a resident in a Veterans Administration Hospital. Katie does not receive any benefits from the United States Veterans Administration. Katie is a United States citizen. 7. Petitioners request that they be appointed guardians of Sarah Kate Napoli's person and estate. Trie proposed guardians' consent is attached to this petition as Exhibit "A." 8. This Court has jurisdiction under 20 Pa. C.S. ~~711(10), 5512(a), because Sarah Kate Napoli, the alleged incapacitated person, has regularly resided with her parents in 2 Cumberland County, Pennsylvania, and is expected to return to her parents' home before the start of school in August 2012. 9. On information and belief, no court has ever assumed jurisdiction in any proceeding to appoint a guardian or to determine whether Sarah Kate Napoli is incapacitated. 10. For the following reasons, Petitioners request that they be appointed guardians of the person of their daughter, Sarah Kate Napoli: (a) Katie will turn 18 years of age or. August 30, 2012, and she needs a guardian to consent to ongoing medical treatment and any ongoing placement at a medical, educational, or residential facility; (b) health care providers may have to perform surgery and other invasive procedures on Katie, and they need an authorized representative to provide necessary medical consents to treatment and any surgery; and (c) Katie is partially or totally incapacitated as alleged below. 11. The functional limitations and the physical and mental condition of Sarah Kate Napoli are as follows: (a) Katie has received various psychiatric treatment and clinical counseling for many years, and her treating psychiatrist, Earl Bernstine, D.O. of Wellspan Behavioral Health in York, Pennsylvania, has diagnosed her as 3 having Asperger's Disorder and Mood Disorder (not otherwise specified); (b) according to Dr. Bernstine and ot:~er healthcare professionals, Katie suffers from conditions which impair her capacity to receive and evaluate information effectively, and which impair her ability to meet essential requirements for her physical health and safety; (c) according to Dr. Bernstine and other healthcare professionals, Katie is an "incapacitated person" within the meaning of Section 5501 of the Probate, Estates, and riduciaries Code, 20 Pa. C.S. §5501; and (d) according to Dr. Bernstine and other healthcare professionals, Katie's physical condition is stable, but her mental impairments are not likely to change in the f utu:~e . 12. The following steps have been taken to determine whether there are less restrictive alternatives to the appointment of a guardian: (a) consideration and rejection of a power of attorney, which would not be legally valid due to Sarar Kate Napoli's alleged incapacity; and (b) consideration of whether Katie should reside in her parents' home on a full-time basis. 4 13. If the Court determines that Katie is partially incapacitated and in need of limited guardianship services of the person, Petitioners request that the proposed guardians be granted powers to act for Sarah Kate Napoli in the following specific areas: (a} if necessary, authorizing Sarah Kate Napoli's adm~ssion to a medically appropriate mental health ca-~e facility or otherwise designating an appropriate residential p=_acement for Katie; (b) assuring that Katie receives such training, education, medical, and psychological services and social and zJrocational opportunities as are appropriate; (c) assisting Katie in the development of maximum self-reliance and independence; (d) providing all required consents and approvals en behalf of Katie, including consents to treatment and surgery and authorizing the Social Security Administration to forward any social security benefits to any appropriate health care, residential, or educational facility; and (e) acting with such other powers as ar_e incidental to or related to the foregoing. 14. Alternatively, if the Court finds that :~arah Kate Napoli is totally incapacitated and in need of plenary 5 guardianship services of the person, Petitioners request that triey be granted powers to act in the following areas: (a) all the specific powers enumerated in paragraph 13 above; and (b) such other powers as the Court may deem necessary or appropriate. 15. A guardian of the estate of Sarah Kate Napoli is also necessary and appropriate in that: (a) Katie has certain income and assets which must be managed and invested by her parents, the proposed quard.ians. 16, Petitioners, the proposed personal and financial guardians, have the following qualifications: (a) Petitioners are Katie's parents and natural guardians and have always been interested in their daughter's weif ire; (b) Petitioners are familiar with Katie's health caret education, and other personal and financial needs and are wilL_ng and able to act in her best interests; (c) Petitioners do not believe they have any interest which is adverse to their daughter in seeking the requested appointment; (d) Petitioners are the most appropriate individuals to serve as guardians on behalf of their daughter; 6 (e) Petitioners, as Katie's parents and natural guardians, consent to the requested relief; and (f) Petitioners are not aware of any apposition to _he requested relief or other reason why they shou,id not be appointed their daughter's personal and financial gua_~dians. WHEREFORE, pursuant to Section 5511 of the ??robate, estates, and Fiduciaries Code, Petitioners respectful~y request: that: this Honorable Court issue a preliminary decree in subtitantially the form accompanying this petition, directing tr:at all parties in interest show cause why Sarah Kate Napoli should. not be adjudged an incapacitated person and why her parents and r_atural guardians, Joseph A. Napoli and Debra A. Napoli, should r:ot be appointed limited or plenary guardians of her person and estate. Petitioners request such other relief as the ~ourt may deem necessary or appropriate. Respectfully submitted, KEEFER WOOD ALLEN & RAHA~~, I,Lp Dated: ~ Bradford Dorrance I.D. No. 32147 210 Walnut Street P.O. Box 11963 Harrisburg, PA 171C8-1963 (717) 255-8014 (Attorneys for Petitioners) 7 IN RE: SARAH KATE NAPOLI, IN THE COURT OF CCMMON PLEAS 0 a Minor and an Alleged CUMBERLAND COUNTY, PENNSYLVANIA Incapacitated Person ORPHANS' COURT DI~7ISION N0. CONSENT TO APPOINTMENT AS PERSONAL AND FINANCIAL GUARDIANS 1. The name of the proposed guardians: ~o~eph A. Napoli and Debra A. Napoli, husband and wife. 2. The proposed guardians' principal add-rE>ss is: 1?5 Simrlons Road, Mechanicsburg, PA 17055. 3. The proposed guardians are the parents and natural guardians of Sarah Kate Napoli, the alleged incapacit~.ted person. 4. The proposed guardians speak, read, anc, write tre English language, and are citizens of the United StatES. 5. The proposed guardians do not have an interest adverse to the alleged incapacitated person. E. The proposed guardians are not officers cr employees of a corporate fiduciary of an estate in whic~ the alleged incapacitated person has an interest; and are not the surety, or officers or employees of a corporate surety ~t such fiduciary. 7. The proposed guardians consent to act as guardians of the person and estate of their daughter, Sarah Kate Napol~, a minor, and an alleged incapacitated person. J ~ ~ /// /"~ - ~~~ r Dated: y.._ Y;rc . ,,~-- ~i~~j ~ ~;~, __ sd~eph A. Napoli T- Dated. ~~ ~~ ~ ~~~ ~ Exhibit "A„ Debra A. Napoli l VERIFICATION We, Joseph A. Napoli and Debra A. Napoli, verify and state that: 1. We are the parents of Sarah Kate Napoli., a mi_nor_, and are the Petitioners in the foregoing action. 2. The facts set forth in the foregoing pe ,itior: a_°~e true and correct to the best of our knowledge, information., and bei___ef. 3. We understand that false statements herFin are made sub_ect to the penalties of 18 Pa. C.S. X4904, relatira to ~nsti~orn falsification to authorities. i _ ._ Dated: ~'~~ - - ~ `, ../r3- Dated: ~~i"~ '~'~~Z__. it Joseph A. Napo i f `~ ~ t Debra A. Napoli