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12-10-12 (3)
IN RE: ROBERT J. MULLE NO: SO-OC-2012 CERTIFICATE OF MAILING I, Amanda J, Miller, do hereby certify that on December 4, 2012, T mailed a certified copy of the ORDER dated December 4, 2012, by depositing the same by U.S. Mail, First Class Letter Rate, postage prepaid addressed as follows: DETHLEFS-PYKOSH LAW GROUP 2132 MARKET STREET CAMP HILL PA 17011 TIMOTHY J. MULLE 8500 LUCERNE DRIVE CHAGRIN FALLS OH 44023 December 4, 2012 12/07/2012 10:48:16 AM ROBERT A. MULLE 860 CROOKED STICK DRIVE MECHANICSBURG PA 17050 ROBERT J. MULLE EMEITUS AT CREEKVIEW 1100 GRANDON WAY MECHANICSBURG PA 17050 FILEC~ 1?!Il4!21)i;t 2:24:12 P^`~ Jean ii~rfizo king €~e:yi~tFr r,# klills Clerk~of 9rr~nans' Court Ga;~pF:in County, PN insi Plum: 2[11225255 Amanda J. Mill , 2nd puty Orphans' Court Division n p ~, ;~ ;~ r+ r ri ,, w :~ ~ ~~ a~ r il ,r cs _~ ~„, r- ~ ~; ;u ~.~ r H-- r r r ci ~~ ~~ Cl tia C"7 cJ -,~ ~ '"*9 ~ ~ ,r~ r rV ~w.- r~1 ~y f DAUPHIN COUNTY Insl.# 201226255 - PagB 1 • ~L i.J ~ to a~3w~:icsa IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: Robert J. Mulle, An Incapacitated Person. ORDER AND NOW, this ~ ~ day of ?ber 2012, upon consideration of the Petition to Release and Transfer Jurisdiction of Plenary Guardianship of Person and Estate to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, it is hereby ORDERED that this matter is transferred to the jurisdiction of the Orphans' Court Division of Court of Common Pleas of Cumberland County. BY THE COURT: Distribution llethleTs-Yykosh Law Group, L: 2132 Market Street Camp Hill, Pennsylvania 17011 No. so-oc-2o12 Robert A. Mulle 860 Crooked Stick Drive Mechanicsburg, Pennsylvania 17050 Timothy J. Mulle 8s00 Lucerne Drive Chagrin Falls, Ohio 44023 Robert J. Mulle Emeritus at Creekview 1100 Grandon Way Mechanicsburg, PA ]'1050 12/07/2012 10:48:10 AM DAUPHIN COUNTY Inst.# 201226253 -Page 1 of 2 ~ILEG 121Q4i261? ~:i~3:18 Fiji ?ean hiarfizo +(ina .~ _t_i or ~uiliS Clerb; 04 Oroh3ns' Couei Dauphin County, PA Inst PIOr;++: 'x0122o?53 FILED oEC ~ zo~z l~~~ 12/07/2012 10:48:10 AM DAUPHIN COUNTY Inst.# 201226253 -Page 2 of 2 • DAUPHIN COUNTY REQUEST FOR ASSIGNMENT ~„` oF~ N;,~,D1S~„s ORPHANS' COURT ~I~a~:~-~_,Z MATTERS INSTRUCTIONS: THIS FORM SHALL BE FILED WHENEVER A FILE IS TO BE FORWARDED TO THE COURT. This Is onty to be used for Orphans' Court matters and should not be used for CiviUFamity law matters. ff you want a civil or family law matter assigned to a Judge, you should file a Certificate of Readiness. File the original of this form with the Clerk of the Orphans' Court. (Use reverse side if necessary. DO NOT ABBREVIATE PARTIES.) NAME OF CASE: In Re: Robert J. Mulle, An Incapacitated Person. F1LE0 i i /29/A712 11:0' -Teen Marfim Y, DOCKET NUMBER: C1_?r6~o+ urphar~~' NO. 50-OG2012 Oauphir, rounx~. TITLE OF MATTER TO BE ASSIGNED: MOTION TO MAKE RULE ABSOLUTE A RULE TO SHOW CAUSE OR A CITATION IS REQUESTED AND IS ATTACHED TO THE PETITION. Q AN ANSWER OR RESPONSE HAS BEEN FILED AND THIS MATTER IS READY FOR A HEARING OR DECISION. ^ A CONFERENCE iS REQUESTED WITH THE COURT. II ~~f ^/ THE MATTER IS READY FOR HEARING ON THE PETITION. ~~ AYlS1N2Y ~ lClf ~d -~v D~ sit~o~i RELATED CASES: Please list the case name, docket number and ass ned judge to any relatod case: COUNSEL: (Clef names, addresses and telephone numbers of all counsel) Heather N. Orisko, Esquire Attorney ID# 91067 FI ~~~ Dethlefs-Pykosh Law Group, LLC 2132 Market Street, Camp Hill, Pennsylvania 17011 NOV 2 9 2012 JEAN MAFtFIYC KIN I 110112 Date 5u AM ny is EnUrt PA ~ 1~5~tti8 CLERK OF THE bIiPHANB' COURT 12/07/2012 10:48:06 AM DAUPHIN COUNTY Inst.# 201225868 -Page 1 • IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: No. 50-OC-2012 Robert J. Mulle, An Incapacitated Person. MOTION TO MAKE RULE ABSOLUTE AND NOW, this 6s' day of November, 2012, comes Heather N. Orisko, Esquire of the Dethlefs- Pykosh Law Group, LLC, on behalf of Robert A. Mulle and Timothy J. Mulle, Plenary Co-Guardians of the Person and Estate of Robert J. Mulle, and files this Motion to make this Honorable Court's October FILED ii./2Y/:?iii li;ro7:51 AM 15, 2012 Rule Absolute and in support thereof avers the following: lean liar#? zo Kinv lie~~iter of Yil.ls Clerk of Clrplians' Court 1. On or about October 4, 2012, Petitioners filed a Petition to Release and Transfer ~tDNuio hin Cvunl;yl 1FA56e7 v- vo Jurisdiction of Plenary Guardianship of Person and Estate to the Orphans' Court Division of the Court of the Common Pleas of Cumberland County. 2. On or about October ] 5, 2012, this Honorable Court by Order of Judge Todd Hoover, issued a Rule.upon Respondents to show cause as to why the relief sought in the aforementioned Petition should not be granted. 3. Pursuant to the aforementioned Order, the Rule was returnable on or before November 5, 2012. 4. No response has been filed to the October I 5, 2012 Rule. 5. Based upon the foregoing, Petitioners respectfully requests that the Honorable Court order that this matter is transferred to the Orphans' Court of Cumberland County. FILED Nov 2 s zo~z BEAN MARFIZO KING REgI:fTER OF WIL49 AND CLERK OF THE ORPHANS' COURT 12/07/2012 10:48:00 AM DAUPHIN COUNTY Inst.# 201225867 -Page 1 of 3 WHEREFORE, Petitioners respectfully request this Honorable Court to make the October 15, 2012 Rule Absolute and enter an Order allowing transfer of this guardianship matter to the Orphans' Court of Cumberland County. Date: November 6, 2012 Respectfully submitted, l ~~~~k~~ Bather N. Orisko, Esquire Attorney ID # 91067 Dethtefs-Pykosh Law Group LLC 2132 Market Street Camp Hill, Pennsylvania 1701 I horisko(a3dplglaw. com Telephone (717) 975-9446 Facsimile (717) 975-2309 12/07/2012 10:48:00 AM DAUPHIN COUNTY Inst.# 201225867 -Page 2 of 3 • ~ i >, IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: Robert J. Mulle, An Incapacitated Person. No. No. 50-OC-2012 CERTIFICATE OF SERVICE I, HeaU-er N. Orisko, Esquire of the Dethlefs-Pykosh Law Group LLC, hereby certify that a copy of the foregoing Motion to Make Rule Absolute was served upon the following parties in the manner as listed below: VIA U.S. FIRST CLASS MATT, Robert A. Mulle 860 Crooked Stick Drive Mechanicsburg, Pennsylvania 17050 Timothy 7. Mulle 8500 Lucerne Drive Chagrin Falls, Ohio 44023 Robert J. Mulle Emeritus at Creekview 1100 Crandon Way Mechanicsburg, PA 17050 Date: November 6, 2012 Respectfully submitted, Heather N. Orisko, Esquire Attorney ID # 91067 T>ethlefs-Pykosh Law Group LLC 2132 Market Street Camp Hill, Pennsylvania 17011 horisko@dplglaw.com Telephone (717) 975-9446 Facsimile (717) 975-2309 12/07/2012 10:48:D0 AM DAUPHIN COUNTY Inst.# 201225867 -Page 3 of 3 IN RE: ROBERT J. MULLE NO: 50-OC-2012 CERTIFICATE OF MAILING I, Patricia S. Petrun, do hereby certify that on October 15, 2012, I mailed a certified copy of the RULE TO SHOW CAUSE dated October 15, 2012, by depositing the same by U.S . Mail, First Class Letter Rate, postage prepaid addressed as follows: HEATHER N. ORISKO, ESQUIRE 2132 MARKET STREET FIIEo CAMP HILL, PA 17011 1oi15i2in2 it:5l:aa an Jean hi.3rfize hin~a ROBERT A. MULLE R~~aister a# Wills Clerk of nrnhan' Court 860 CROOKED STICK DRIVE 6auFr!in County, ~A MECHANICSBURG, PA 17050 Inst hlu~: 217122258i! TIMOTHY J. MULLE 8500 LUCERNE DRIVE CHAGRIN FALLS, OH 44023 ROBERT J. MULLE EMERITUS AT CREEKVIEW 1100 GRANDON WAY MECHANICSBURG, PA 17050 October 15, 2012 Pat cia S. Pe un, First Deputy Register of Wills 12/07/2012 10:47:56 AM DAUPHIN COUNTY Inst.# 201222580 -Page 1 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: No. 50-OC-2012 Robert J. Mule, . An Incapacitated Person. RULE TO SHOW CAUSE AND NOW, this ~~day of , 2012, a Rule is hereby issued demanding that Respondents and any other interested Parties show cause why the relief sought in Petitioners' Petition to Release and Transfer Jurisdiction of Plenary Guardianship of Person and Estate to the Orphans' Court Division of the Court of Common Pleas of Cumberland County should not be granted. t wenllY This Rule is Returnable ir~~ days. BY THE COURT: Distribution Legend Heather N. Orisko, Esquire Robert A. Mulle Robert J. Mulle ID #91067 860 Crooked Stlck Drive Emeritus at Creekview 2132 Markat St. Mechanicsburg, PA 17050 1100 Crandon Way Camp Hill, PA 17011 Mechanicsburg, PA 17D50 (717)975-9446 horisko~dplglaw.wm Timothy J. Mulle 8500 Lucerne Drive Chagrin Falls, OH 44023 12/07/2012 10:47:50 AM pAUPHIN COUNTY Inst.# 201222577 -Page 1 of 2 FILED U!(15!2Q12 11:43:42 Aid ,Tagil i~~3rfiZ0 4;lryp .~ I'i~U1_t~r 4i 4+i I;. Cl«r~F: o+ Oruhao=' Court UauRilin County. PA Int Nun; 2111?22577 FILED OCT 1 5 2012 ,itiA^J ~~iARFlZO KING CLERK OISTT'FE1E ORPHANS' DOUR 12/07/2012 10:47:50 AM DAUPHIN COUNTY Inst.# 201222577 -Page 2 of 2 - DAUPHIN COUNTY REQUEST FOR ASSIGNMENT OURT OF COMMONIPLEAST ~' ORPHANS' COURT ___. Effe~tr~e:5.,.1z_.__._..... MATTERS INSTRUCTIONS: THIS FORM SHALL BE FILED WHENEVER A FILE IS TO BE FORWARDED TO THE COURT. This is oniy to be used for Orphans' Court matters and should not be used for CivillFamily law matters. If you want a civil or family law matter assigned to a judge, you should file a Certificate of Readiness. File the original of this farm with the Clerk of the Orphans' Court. (Use reverse side if necessary. DO NAT ABBREVIATE PAf2TIES.) NAME OF CASE: FILtG In Re: Robert J. Mulle, an Incapacitated Person ;iUo;!20i2 iG:'4: Jean flat+im i;i Re,q_ister of ii i iaer4; ;,f Lrpharv ' = 9 DOCKET NUMBER: Inst ;luro: '2i No. 50-OC-2012 TITLE OF MATTER TO BE ASSIGNED: Petition to release and transfer jurisdiction of plenary guardianship of person and estate to the Orphans' Court Division of the Court of Cotmon Pleas of Cumberland County. A RULE TO SHOW CAUSE OR A CITATION 1S REQUESTED AND IS ATTACHED TO THE PETITION. ^ AN ANSWER OR RESPONSE HAS BEEN FILED AND THIS MATTER IS READY FOR A HEARING OR DECISION. ^ A CONFERENCE iS REQUESTED WITH THE COURT. ® 7HE MATTER IS READY FOR HEARING ON THE PETITION. RELATED CASES: Please list the case name, docket number and assigned judge to any related case: COUNSEL: (List names, addresses and telephone numbers of all counsel) Heather N. Orisko Es ire Dethlefs-Pykosh T,aw Group, LLC f1T 4 X912 2132 Market Street Camp Hill, PA 17D11 J'ArV '~;h 1~~~ (717) 425-9479 ~ ~~~fi~ ~k UU LL~~ ~I„i~R(~OF7MEORPHA(V$' ~U~,. ~ ~ a~~L~ Date Signature of Listing Counsel or Pro Se Party I4 i{n -~V Curt ~~a 1221'39 12/07/2012 10:47:46 AM DAUPHIN COUNTY Inst.# 201221739 -Page 1 IN THE COURT OP COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION rqi ~-.., f_L , In Re: s~,ItGiZG2 4sS?:i~"i Ai :'?air biar~io I~.inq No. 50-OC-2012 liei;i._ r.~r c.+. I:iii Robert J. Mulle, CINr-'.: a4 Oranar~' Souei; An Incapacitated Person. cs: ~~,r; %u]22~ r35 PETITION TO RELEASE AND TRANSFER JURISDICTION OF PLENARY GUARDIANSHIP OF PERSON AND ESTATE TO THE ORPHANS' COURT DIVISION OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY AND NOW, this 4'" day of October, 2012, comes Heather N. Orisko, Esquire of the Dethlefs- Pykosh Law Group, LLC, on behalf of Robert A. Mulle and Timothy J. Mulle, Plenary Co-Guardians of the Person and Estate of Robert J. Mulle, and respectfully represents the following: On or about January 23, 2012, the Honorable Judge Jay J. Hoberg of the Court of Common Pleas of Lancaster County, Pennsylvania ordered adjudged, anc! decreed that Robert J. Mulle be adjudged incapacitated and that Robert A. Mulle and Timothy J. Mulle be appointed Plenary Co- Guardians of the Person and Estate of Robert J. Mulle. Please find attached a true and correct copy of the Final Decree attached hereto and incorporated herein and referenced as "Exhibit A". 2. On or about August 3, 2012, the Honorable Judge Jay J. Hoberg of the Court of Common Pleas of Lancaster County, Pennsylvania, signed an Order releasing jurisdiction of the above-captioned plenary guazdianship matter from the Orphans' Court Division of the Court of Common Pleas of Lancaster County, Pennsylvania to the Orphans' Court Division of the Court of Common Pleas of Dauphin County, Pennsylvania. Please find attached a true and correct copy of the Order attached hereto and incorporated herein and referenced as "Exhibit B". 3. Jurisdiction was transferred as to Dauphin County as Robert J. Mule was residing at Arden Courts of Susquehanna, 2625 Ailanthus Lane, Harrisburg, Pennsylvania, 17110, which is located in Dauphin County. ~ ~ ~~ OCT 4. 2012 JEAN MARFI~O 4<ING REGISTER OF WILLS AND CLERK OF THE ORPHANS' COUP ~T 12/07/2012 10:47:40 AM DAUPHIN COUNTY Inst.# 201221735 -Page 1 of 11 4. On or about September 21, 2012, Robert J. Mulle moved from Arden Courts of Susquehanna in Dauphin County, Pennsylvania, and now resides at Emeritus at Creekview, 1100 Crandon Way, Mechanicsburg, Pennsylvania, 17050, which is located in Cumberland County. Please find attached a true and correct copy of a Letter of Residency attached hereto and incorporated herein and referenced as "Exhibit C". 5. Robert J. Mulle was transferred to Emeritus at Creekview in order to facilitate continuous and ongoing care by Robert A. Mulle, son and appointed Co-Guardian in this matter. b. Since Robert J. Mulfe is now residing at Emeritus at Creekview in Cumberland County,Pennsylvania, it would be appropriate to transfer jurisdiction of the plenary Guardianship of the Person and Estate of Robert J. Mulle from the Orphans' Court Division of the Court of Common Pleas of Dauphin County, Pennsylvania to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. 20 Pa. Cons. Stat. §5512. WHEREFORE, Petitioner respectfully requests this Honorable Court to release jurisdiction of the plenary Guardianship of the Person and Estate of Robert J. Mulle to the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. Date: j p~O~F~/.2 Respectfully submitted, ~ ~~G~ Heather N. Orisko, Esquire Attorney ID # 91067 Dethlefs-Pykosh Law Group LLC 2132 Market Street Camp Hill, Pennsylvania 17011 Telephone (717) 975-9446 Facsimile (717) 975-2309 12/07/2012 10:47:40 AM DAUPHIN COUNTY Inst.# 201221735 -Page 2 of 11 1 • • IN THE COURT OF COMMON PLEAS OF DAIJPHIN COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: Robert J. Mulle, . An Incapacitated Person. . No. No. 50-OC-2012 CERTIFICATE OF SERVICE I, Ileather N. Orisko, Esquire of the Dethlefs-Pykosh Law Group LLC, hereby certify that a copy of the foregoing PETITION TO RELEASE AND TRANSFER JURISDICTION OF PLENARY GUARDIANSHIP OF PERSON AND ESTATE TO THE ORPHANS' COURT DIVISION OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY was served upon the following parties in the manner as listed below: VJA IJ.S. FIRST CLASS MAIL Robert A. Mulle 860 Crooked Stick Drive Mechanicsburg, Pennsylvania 17050 Timothy J. Mulle 8500 Lucerne Drive Chagrin Falls, Ohio 44023 Date: (p~~/~ 2 12/07/2012 10:47:40 AM DAUPHIN COUNTY Respectfully submitted, . ~~~%~~ Heather N. Orisko, squire Attorney ID # 91067 Dethlefs-Pykosh Law Group LLC 2132 Market Street Camp I-Till, Pennsylvania 17011 Telephone (717) 975-9446 Facsimile (717) 975-2309 Inst.# 201221735 -Page 3 of 11 10/03/2012 09:19 7177244 OFFICE OF ATTY ~ PAGE 02/02 TN THE COURT Or COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA ORPHANS' COURT D1VIS.ION Tn Re: . No. 50.OC-2012 Robert J. Mulle, An incapacitated Person. VERIP'TCA'1f70N f, Robert A. Mulle, verify that the statements made in the foregoing PETITION TO R[,LEA.Sr AND TRANSFER JURISDICTION OF PLENARY GUARDIANSi-TIP OF PERSON A.ND T'STATE Tp THE ORPT-IANS' COURT T)TVISION OF THE COURT OP COMMON PLEAS OF CUMJ3FRLAND COUNTY arc true and correct. T understand that false statements herein are made subject to the penalties of l8 Pa.C.S.A. § 490Q relating to unswom falsification to authorities. Date: G~a`3 ~'~~' 12/07/2012 10:47:40 AM Respectfully submitted, Robert A. Mulle DAUPHIN COUNTY Inst.# 201221735 -Page 4 of 11 IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA ORPHANS' COURT DNISION In Re: No. 50-OC-2012 Robert J. Muge, , An Incapacitated Person. , VERIFICATION I, Timothy J. Mulle, verify that the statements-made in the foregoing PETITION TO RELEASE AND TRANSFER JURISDICTION OF PLENARY GUARDIANSHIP OF PERSON AND ESTATE TO THE ORPHANS' COURT DIV1S10N OF THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY are true and correct. I understand that false statements herein are made subject to the pena]ties of 18 PaC.S.A. § 4904 relating to unswom falsification to authorities. Date: '~~ Z ~' ~ Respectfully submitted, Timothy J. Mulle 12/07/2012 10:47:40 AM DAUPHIN COUNTY Inst.# 201221735 -Page 5 of 11 02/10/2604 11:43 744949 IOZSBRUCFMH~ PAGE 62 iN THE CpUlZT OF CpM,~ION PLEAS OP.I.ANCASTE.K COUNTY, PENNSYLVAMA I 0l2PHANS' COCIRT DlVIS>pN IN R E: j ROBERT J. MU3-I~E> No, 0735 of 2011 An Incapacitated Person 1 AlVi) NpW, this 23r° day of January, 2012, an emergoncy hearing in this matter having been held an April 8, 201 I, and a final hearing on December 21, 2012, and it appearing to the Court that ROBERT J. MULLE was present at the hearings and represented ai the latter hearing ~ by court-appaintcd counsel, John ~!. May, )~squire, the Court finds from the iesdmony that. R4BElZT I. MUI.LB suffers from Alzheimer's Dementia, a condition which totally impairs his ability to receive and evaluate inFormatlan effectively and to make and wutmunleate decisions comcetuing his tatanagemcnt of Snancial affairs or to meet essential requirements for his physics! health end safety, as more ;fully described in the Deposition by Iudividua! Qualifird in Evahtatlon of7ncapacitated Person completed by Michael K. Weed, iVLD, nn tlpri! 2,2, 2011, and in the Capacity l;vatuaiion completed by Rabat M. Howse, Jr., M.D. on May 19, 201 l; and As a result of ROBERT J, MUi.LE's impaired condition, 4e remains a persona] care resident at Gauntry Meadows Retirement Community; and There are iASUfftcleni Supports available to assist ROBERT J. MCJI.LB in such decisions 'and that there exists no other Less testrietive alternative mecJzaliism for decision-making; and Based on the sig~cant impailment.4 ofRQB}?ItT J, iblIJL.LE to receive and evaluate } i~tforrztation effectively and to make or eomrnunicate decisions in auy way such that he is totaIIy i .. 12/07/2012 10:47:40 AM DAUPHIN COUNTY Inst.# 201221735 -Page 6 of 11 02/10/2004 11:43 744949 LOZSBP.UCEMHE~ PAGE 03 ~ ' unable to manage his financial resources or to meat essential requirements for his physical health ~ and safe a len ardian of the arson and a lcn dian of the estate are re utred for I tY. p ~i' Bu P A ~' ice' q. the indefinite future. NOW, TI-IEI2LFORE, based on the cfeaz and convincing evidence supporting the foregoing findings it is ORDERED, ADJUDGED, and DECRI:EI) that ROHi?RTJ, MtlI.,LE be and is hereby adjudged a totally Jnaapacltated person and tbat ROBERT' A. MUT,L13 and TIMOTHY J. MULLE be appoutted pieraary Co-t3uardians of the Person and );state of ROBERT J. MULLE, to act jointly and/or severally. Further, the Court hereby enters the following: l . The Temporary fitikcrgency Decree dated April 2 $, ZOI 1 in this matter, and ~ Te[rtporary Order of Court dated August S, 20I I in this matter arc hereby vacated, All assets r owned jointly by Robert J. Mulle and 13axbara W. MuEle shall no longer be &ozea. The appointment of Ephrata J,fatlonal Bank as temporary Guardian of the Estate o~'RO$ERT J. MULLE is aeeordulglyvacated. The bank accoundaecounts inthe control of Ephrata National Hank acid being administered by them in their capacity as the temporary emergency guardian of ROBERT J. MULLE consist of funds that are jointly owned by the said ROBERT J. MULI,F and BARBARA 'W. Nftlt 1:.E, as husband and wife. Ephrata Nariona! Bank is directed to retitle the accountlaccounts to xeflect said joint ownership, 2. This Order of Court shall supersede any prior Order or Decree of Court entered in this matter. 3, Any existing Financial Powers of Attorney executed by Robert J. Mulle ere hereby !. declared null and void including the T?urable Financial power of Attorney executed on I September 12, 2009 and any subsequent l;inarlcial Power of Attorney executed in November, ?,O10; or toter. 12/07/2012 10:47:40 AM DAUPHIN COUNTY Inst.# 201221735 -Page 7 of 11 02/10/2064 11:43 344949 L0ISHRUCEMH~ PAGE 64 4. The Duzable Health Care Proxy for ROBERT J, MUI,LE, Advance Directive for Health Care for ROBERT J. MULLS, and HIPAA Authorization for Health Care for ROBERT J. MULL)r, all executed on Septerz~ber I2, 2009, shall remain in full force and eft"eci, S. T'he Co-Guardians shall have all powers and duties provided by law including those described in 20 Pa.C.S.§ 5521. In addition, the Co-Guardians snail have the authority to access all ofRQHERT 1. MULLE's medical records, including, but not limited to psychiatric records. Further, the Co-Guardians shall-have the power and authority to serve as personal representatives { for alt purposes of the Health Insurance Portability and Accountability Act of 1996, (Pub,L. 104- '~ 191), 45 GFR Sections 160 through 164 ("IiIPAA"). The Co-Guardians ahalI be considered the personal representatives for ROBERT J. MUL):.E'S health care disclosures tinder the 2004 1 I Federat iill'AA r~gulatioas and shall have fu[I authority to review ROBERT J. MIJ1,L$'s medical records and to execute zeleases ofeonfidential information from medical providers and insurers or other third party payors. i b. If the relocaUan of ROBERT J. ivIULLE to another county in Pennsylvania becoszus appropriate in order to ensure he receives the property level of cart in another long-term taro ~ facility, the Co-Guardians shag notify this Court ofany such relocation ofRO]3BRT J. ivI'(JLLI/ I to another jurisdiction. Within ninety (90) days ofR013FRT' J. MULLJ~'s relocation to another ~, county, the Co-Guardians shall 61c the approgriate documents with this Court and the county in wltich ROBERT J. MULLS is relocated to request jurisdiction of this guardianship matter be transferred to the county in which 1208&RT J. MU1,LE is then rtsiding. ~~~ 7. Pursuant to 20 Pa. C.S. § 55'36(x), the Co-C.usrdians shall have the power to expend income and principal of the Estate of RO$&ItT J. ItN1~I,B solely for floe care and maintenance of ~Ri`QBERT J. MULLS, without additional Court approval. Pursuant to 20 Pa. C.S, § 5536(b), alt 12/07/2012 10:47:40 AM DAUPHIN COUNTY Ins[.# 201221735 -Page 8 of 11 @2/1012@@4 11:43 344949 LCISBP.UCEMH[~ PAGE 05 estate planning must be approved by the Court upon petition and with notice to all parties in ~ interest. R. The Court defers a decision on the necessity of a surety bond pending the filing of an Inventory itemizing the value of the personal estate which wi11 come into the control of the Co- Guardians. ~~ 9. An Inventory must be filed within ninety (90) days. A Report by the C;o-Cuardians A sha11 IJC within twelve (l2) nrlonths and annually thereafter as rEqui~d by 20 Pa. C.S. § 552I(c), I 10. ROB$1tT J. MUI,LE, sa incapacitated person, has the right to appeal this Order by I ' ding exceptions within ten (i0) days of this date or to petition this Court for a review hearing to modify or terminate the guardianship herein established. ROBERT 1. MULLE may be represented by counsel in connection with any such appeal or review, and cotuiset wit] be appointed for him upon request ifhe is indigent arld unable to afford counsel, An appeal from the Final Decree maybe Taken to the appropriate appellate court within thirty (30) days fmm the enQy of the klnal i~ecr+ea, 1 BY THE COURT: ~ /S/ CINDY ~, ROWS ,i~~ J'A'S .~. Ht'1~3ERG S rAY r. xoB~RG DEPUTY C~~RK O.C.D. .1rJ]7GE ATTEST: ~ ,pisfribution to: ~ Melvin H. Hess, Esquire, Gibbet, ICraybill ~ Hass, 41 East Orange Street, xancaster, PA 17bQ2 i John ll. May, 5sgnire, May, Metzger and zimmermaa, d9 North IJuke street, Lanosvtar, ]?A 17b0?. I Susan Young Nicholas, Esquire, Young ~ Young, A4 South Main Slroo>; Manhoitn, PA 1'1545 12/07/2012 10:47:40 AM DAUPHIN COUNTY Inst.# 201221735 -Page 9 of 11 IN THE COURT OF COMMON PLEAS OF hANCASTER COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RL: ROBERT J. MULLS An Incapacitated Person No. 0735 of 2011 ORDER ,~{' AND NOW, this j day of , 2012, upon consideration of the foregoing Petition to Release Jurisdiction of Guardianship, it is hereby ORDERED, ADJUDGED and DECREED that the Court releases jurisdiction of the plenary Guardianship of the Person and Estate of Robert J, Mulle to the Orphans' Court Division of the Court of Common Pleas of Dauphin County, Pennsylvania. BY THE COURT': ;~ ---~--•- -------- J; ATTEST: ,~ \ ~ 6 ~'~-- Distribution to: Marci S. Miller, Esq., Gibbet Kraybill & Hess, LLP, 10 South Broad Street. Lititz, PA 17543 ~~ 12/07/2012 10:47:40 AM DAUPHIN COUNTY Inst.# 201221735 -Page 10 of 11 - ! ~ # EMERITUS N ~~ ~i/ <'CI l7ll'R" September 18, 20I2 To Whom It May Concern: This letter will confirm the residency status of Robert J, Mulle. He wil! be moving into Emeritus at Creekview -Room 532, 1100 Grandon Way, Mechanicsburg, PA 17050 on September 21, 2012. Peel free to contact me if you need any additional information. Sincerely, ~ ~~~ Lisa R. Brindza Assistant Executive Director Emeritus at Creekview • I IU(1l~ranJou AG%iy~ ~ :Alechanic,bur~;.IW 17p> lcl: -1~-',i(1-=i i ~ Pns: 717-i~0~=i01G ~ u~ww.l[mrntu.<.tuni 12/07/2012 10:47:40 AM DAUPHIN COUNTY Inst.# 201221735 -Page 11 of 11 • `,. • 1N RE: IN THE COURT OF COMMON PLEAS ROBERT J. MULLE OF DAUPHIN COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION An Incapacitated Person NO. 50-OC-2012 CERTIFICATE OF SERVICE I, Marci S. Miller, Esquire, certify that on September 17, 2012, I served a true and correct FILL=D copy of the attached Order dated August 3, 2012 on the persons named below, by depositl?t~~#@12 ~:54: C~2 FM can Harfizo King Re~aisier of Will_ same in the United States mail, via first-class mail, postage prepaid, addressed as followsClerf; of Clrpham' Gourt DauF~hin County, PA In_t Num: 201220531 Susan Young Nicholas, Esquire Young & Young Attorneys At l,aw 44 South Main Street Manheim, PA 17545 Attorney for Barbara W. Mulle William W. Campbell, Esquire Attorney At Law 303 West Fourth Street Quarryville, PA 17566 Attorney for Barbara W. Mulle Respectfully submitted, o'~ - Date FILED SEP 1 8 2012 ~trli~l:VIA F FIZO ICIN(a pE018TER OF WIU.S AND CLERK OF THE ORPHANS' COURT GIBBEL KRAYBILL & HESS LLP BY: Marci S. 1Gfiller, Esquire PA LD. #204083 10 South Broad Street Lititz, PA 17543 (717)626-0291 12/07/2012 10:47:32 AM DAUPHIN COUNTY Inst.# 201220531 -Page 1 of 2 4 ~ ~ ~ - ,. _ "~~, ~~~ ~ ti If~ ~~ ') i ti 1N "I'HE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 1N RF': . ROBERT J. MULLS , No. 0735 of 2011 An Incapacitated Person ORDER nrf~ AND NOW, this j day of ~ , 2012, upon consideration of the foregoing Petition to Release Jurisdiction of Guardianship, it is hereby ORDERED, ADJUDGED and DF,CREED that the Court releases jurisdiction of the plenary Guardianship of the Person and Estate of Robert 1. Mulle to the Orphans' Court Division of the Court of Common Pleas of Dauphin County, Pennsylvania. BY THE COURT': ~~~ ~/ J ATTEST: ~ \ ~~ 6 ~~ L?~i'i..' CI_Ef-;'<- ODD Distribution to: Marci S. Miller, Esq., Gibbel Kraybill & Hess, LLP, ] 0 South Broad Street, Lititz, PA 17543 12/07/2012 10:47:32 AM DAUPHIN COUNTY Inst.# 201220531 -Page 2 of 2 IN RE: : IN THE COURT OF COMMON PLEAS ROBERT J. MULLE OF DAUPHIN COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION An Incapacitated Person NO. ~©'~C'~o~~/02 FINAL ORDER OF COURT ACCEPTING JURISDICTION OF GUARDIANSHIP AND NOW, this ~~ day of 2012, upon consideration of the foregoing Petition to Accept Jurisdiction of Guardianship, and subject to release of jurisdiction by the Orphans' Court Division of the Court of Common Pleas of Lancaster County, it is hereby ORDERED and DECREED that jurisdiction of this guardianship matter is hereby accepted. Robert A. Mulle and Timothy J. Mulle, as plenary Co-Guardians of the Person and Estate of Robert J. Mulle, shall have all of the authorities outlined in the original Final Decree of the Orphans' Court Division of the Court of Common Pleas of Lancaster County, Pennsylvania, dated January 23, 2012, a copy of which is attached hereto and made a part hereof as if set forth in full. The Co-Guardians shall not be required to post bond. BY THE COURT: ~~ Copies to: Marci S. Miller, Esq., Gibbel Kraybill & Hess LLP, 10 South Broad Street, Lititz, PA 17543 12/07/2012 10:47:20 AM DAUPHIN COUNTY Inst.# 201214467 -Page 1 of 6 F~~.~® duly ~ ~ ~Q~2 REG ST RAOF W~ S~ANO C~-ERK Or TM~ pppHAN$' COURT FILEC pl/p2/?012 4:31:45 AM .ean ilarfi~e Kind ~CEpl~ter OT ~1I.IS Cl~rk~o+ Orphar~s~ Court Gaurhin Couniu, FF :nss hum: ~p1214467 12/07/2012 10:47:20 AM DAUPHIN COUNTY Inst.# 201214467 -Page 2 of 6 IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLVANIA ORPHANS' COURT DTVISION IN RE: ROBERT J. MULLE, No. 0735 of 2011 An Incapacitated Person k'INA,L DECREE AND NOW, this 23rd day of January, 2012, an emergency hearing in this matter having been held on Apri18, 2011, and a Tina! hearing on December 21, 2011, and it appearing to the Cotu-t that ROBERT J. MULLS was present at the hearings and represented at the latter hearing by court-appointed counsel, John H. May, Esquire, the Court finds from the testimony that: ROBERT J. MULLS suffers from Alzheimer's Dementia, a condition which totally impairs Ms ability to receive and evaluate information effectively and to make and communicate decisions concerning his management of financial affairs or to meet essential requirements for his physics! health and safety, as more fully described in the Deposition by Individual Qualified in Evaluation of Incapacitated Person completed by Michael K. Weed, M.D. on Apri122, 2011, and in the Capacity Evaluation completed by Robert M. Hawse, Jr., M.D. on May 19, 2011; and As a result of ROBERT J. MULLE's impaired condition, he remains a personal care resident at Country Meadows Retirement Community; and There are insufficient supports available to assist ROBERT J. MULLS in such decisions and that there exis#s no other less restrictive alternative mechanism for decision-making; and Based on the sigrvficant impairments of ROBERT J. MULLS to receive and evaluate information effectively and to make or communicate decisions in any way such that he is totally 12/07/2012 10:47:20 AM DAUPHIN COUNTY Inst.# 201214467 -Page 3 of 6 • i unable to manage his financial resources or to meet essential requirements for his physical health and safety, a plenary guardian of the person and a plenary guardian of the estate are required for the indefinite future. NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings it is OR-DF.RED, ADJUDGED, and DECREED that ROBERT J. MtTLLE be and is hereby adjudged a totally incapacitated person and that ROBERT A. MULLS and TIMOTHY J. MULLS be appointed Plenary Co-Guardians of the Person and Estate of ROBERT J. MiILLF, to act jointIyand/or severally. Further, the Court hereby enters the following: 1. The Temporary Emergency Decree dated April 18, 2011 in this matter, and Temporary Order of Court dated August 5, 2011 in this matter are hereby vacated. AlI assets owned jointly by Robert J. Multe and Barbara W. Mulle shall no longer be frozen. The appointment of Ephrata National Bank as temporary Guardian of the Estate of ROBERT J. MULLS is accordingly vacated. The bank accountlaccounts in the control of Ephrata National Bank and being administered by them in their capacity as the temporary emergency guardian of ROBERT J. MULLS consist of funds that are jointly owned by the said ROBERT J. MULLS and BARBARA W. MULLS, as husband and wife. Ephrata National Bank is directed to retitle the account/aecounts to reflect said joint ownership. 2. This Order of Court shall supersede any prior Order or Decree of Court entered in this matter. 3. Any existing Financial Powers of Attorney executed by Robert J. Mulle are hereby declared null and void including the Durable Financial Power of Attomey executed on September 12, 2004 and any subsequent Financial Power of Attorney executed in November, 2010, or later. 12/07/2012 10:47:20 AM DAUPHIN COUNTY Inst.# 201214467 -Page 4 of 6 4. The Durable Health Care Proxy For ROBERT J. MULLE, Advance Directive for Health Care for ROBERT J. MULLE, and HIPAA Authorization for Health Care for ROBERT J. MULLE, all executed on September 12, 2009, shall remain in full force and effect. 5. The Co-Guardians shall have all powers and duties provided by law including those described in 20 Pa.C,S.§ 5521. In addition, the Co-Guardians shall have the authority to access all of ROBERT J. MULLE's medical records, including, but not Limited to psychiatric records. Further, the Co-Guardians shall have the power and authority to serve as personal representatives for all purposes of the Health Insurance Portability and Accountability Act of 1996, (Pub.L. 104- 191), 45 CFR Sections 160 through 164 ("H1PAA"). The Co-Guardians shall be considered the personal representatives for ROBERT J. MULLE'S health care disclosures under the 2004 Federal HIPAA regulations and shall have full authority to review ROBERT J. MULLE's medical records and to execute releases of confidential information from medical providers and insurers or other third party payors. 6. If the relocation of ROBERT J. MULLE to another county in Pennsylvania becomes appropriate in order to ensure he receives the property level of care in another Iong-term care facility, the Co-Guazdians shall notify this Court of any such relocation of ROBERT J. MULLE to another jurisdiction. Within ninety (90) days of ROBERT J. MULLE's relocation to another county, the Co-Guardians shalt file the appropriate documents with this Court and the county in which ROBERT J. MULLE is relocated to request jurisdiction of this guardianship matter be transferred to the county in which ROBERT J. MULLE is then residing. 7. Pursuant to 20 Pa. C.S. § 5536(a), the Co-Guardians shall have the power to expend income and principal of the Estate of ROBERT J. MULLE solely for the care and maintenance of ROBERT J. MULLE, without additional Court approval. Pursuant to 20 Pa. C.S. § 5536(b), all 12/07/2012 10:47:20 AM DAUPHIN COUNTY Inst.# 201214467 -Page 5 of 6 lJ estate panning must be approved by the Court upon petition and with notice to all parties in interest. 8, The Court defers a decision on the necessity of a surety bond pending the filing of an Inventory itemizing the value of the persona! estate which will come into the control of the Co- Guardians. 9. An .inventory must be filed within ninety (90) days. A Report by the Co-Guardians shall be within twelve (12) months and annually thereafter as required by 20 Pa. C.S. § 5521(c). 10. ROBERT J. MULLS, as incapacitated person, has the right to appeal this Order by filing exceptions within ten (10) days of this date or to petition this Court for a review hearing to modify or terminate the guardianship herein established. ROBERT J. MULLS maybe represented by counsel in connection with any such appeal or review, and counsel will be appointed for him upon request if he is indigent and unable to afford counsel. An appeal from the Final Decree may betaken to the appropriate appellate court within thirty (30) days from the enhy of the Final Decree, BY THE COURT: /S/ CINDY L. ROWS I~EPUT1' CLERK O. C, D. ATTEST; 1f~.7! ~.1~I rJl. ~VGI~R~ JAY J. HOBBRG JUDGE Distribution to: Melvin: H. Hess, Esquire, Gibbet, ICraybil! & Hess, 41 East Orange Street, Lancaster, PA 17602 John H. May, Esquire, May, Metzger and Zimmerman, 49 North Duke Street, Lancaster, PA 17602 Susan Young Nicholas, Esquire, Young & Young, 44 South Main Street, Manheim, PA 17545 12/07!2012 10:47:20 AM DAUPHIN COUNTY Inst.# 201214467 -Page 6 of 6 IN ~~ : IN THE COURT OF COMMON PLEAS ROBERT J. MULLE OF DAUPHIN COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION An Incapacitated Person : NO.50-OC-2012 ' FILED 06/11/2012 3:29:37 Rii gran tiarfim Kinq RFgisaer of tdills C1erY, of Orphans' Curt CERTIFICATE OF SERVICE Dauphin County, PR Inst ilum: 201212894 I, Marci S. Miller, Esquire, certify that on June 5, 2012, I served a true and correct copy of the foregoing hearing scheduling Order dated May 31, 2012 on the persons named below, by depositing the same in the United States mail, via first-class mail, postage prepaid, addressed as follows: Susan Young Nicholas, Esquire Young & Young Attorneys At Law 44 South Main Street Manheim, PA 17545 William W. Campbell, Esquire Attorney At Law 303 West Fourth Street Quarryville, PA 17566 Respectfully submitted, Date GIBBEL KItAYBILL & HESS LLP BY~~LI.1l~~VU " _~ Mafci S. Miller, Esquire PA I.D. #204083 10 South Broad Street Lititz, PA 17543 ~ I ~;~~ (717) 626-0291 JUN 1 1 2012 ~ ~`i~yL~~~~~3wi~®®NA Gt.~~~~F~M>: [jI~PMANB' COU>~`• 12/07/2012 10:47:17 AM DAUPHIN COUNTY inst.# 201212894 • Page 1 _ _ _ _ ~.. ~ • • IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA, ORPHANS' COURT llIVISION 1N RE: ROBERT J. MULLE ) No. 5~ - Q C - aC? 1 a An Incapacitated Person ) ENTRY OF APPEARANCE Please enter my appearance as attorney for Barbara W. Mulle in the above- captioned matter. Respectfully submitted, By: William W. Cam~ell Attorney for Barbara W. Mulle, c/o Gail K. Wolfgang I ~•,_~r `~ ~ I_r ''' ~~~' ._'~ila.il8 p. pi,~~ c !'1-r y p} [jirdlpnj' t.uU+'S l. UCfii^ I_AUn1iJ, i'r'- ~'rii ~'~~r.; nr;oj-r~p- ~I~~~~ 14''i~l~ ~ ~ 202 J~RiJ ?aAr,~ i~ c7 hlN~l RE41ST'ER ©F b'JtL.LS ANkI CLERK OF THE ORPHANS' CCU;, 12/07/2012 10:47:10 AM DAUPHIN COUNTY Inst.# 201212285 -Page 1 of 2 _ _ _ r • • t • • IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA, ORPHANS' COURT DIVISION IN RE: ) ROBERT J. MULLE ) No. An Incapacitated Person ) CERTIFICATION OF SERVICE I hereby certify that I have on ~u~ 3 O , 20]2, served a copy of~the foregoing document on the person and in the manner indicated below which satisfies the requirements of Pa. R.C.P. 440. By first class mail, postage prepaid, as follows: Susan Young Nicholas, Esquire 44 South Main Street Manheim, PA 17545 Marci S. Miller, Esquire Melvin H. Hess, Esquire 10 South Broad Street Lititz, PA 17543 Respectfully submitted, ~V William W. Campbell Attorney for Barbara W. Mulle, c/o Gail K. Wolfgang 12/07/2012 10:47:10 AM DAUPHIN COUNTY InsLp 201212285 -Page 2 of 2 • IN RE: ROBERT J. MULLE NO: 50-OC-2012 CERTIFICATE OF MAILING I, Andrea M. Henry, do hereby certify that on May 31, 2012, I mailed a certified copy o~'the ORDER dated MAY 31, 2012, by depositing the same by U.S. Mail, First Class Letter Rate, pgstage prepaid addressed as follows: MARCI S. MILLER, ESQUIRE GIBBEL KR.AYBILL & HESS LLP 10 SOUTH BROAD STREET LITITZ, PA 17543 May 31, 2012 C~ndru.~~'fYl ~C~1`i Andrea M. Henry, lgt t~ Orphans' Court Division __.L -'~ N- _~_ a_ •1'. fill irk' -~ -1 _ll iii^i• i. F'a 1~:~~ 71 Y111:$ _n;t ~;_,., 5n_.,.,,y,~ 12/07/2012 10:47:05 AM DAUPHIN COUNTY Insl.# 201212254 -Page 1 IN RE: ROBERT J. MULLE An Incapacitated Person 1N THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVAI` ORPHANS' COURT DIVISION . NO. J~C~ - OC -03 ~1~- ORDER AND NOW, this 3f day of , ZO12, upon consideratia foregoing Petition to Accept Jurisdiction of Guardianship, a hearing in this matter is sc for aZ~'~ , 2012, at ~ `~~ ( o'clock, Gt .M., prevailing 1 Courtroom No. ~ , of the Dauphin County Court of Common Pleas, Front and Streets, Harrisburg, Pennsylvania 17101. BY'TIIE COURT; ~f the in J. Copies to: Marci S. Miller, Esq., Gibbel Kraybill & Hess LLP, 10 South Broad Street, Lititz, PA 17' 12/07/2012 10:46:56 AM DAUPHIN COUNTY Inst.# 201212253 -Page 1 of 2 lY ~~_~ J{xQyt izv i`T wj+ - ~T { ~i ~'I: of ±t( X43',_ :~OUf. °OPrtaP ~Ou~•tth r- Tfl_ y.1 ..3; i~11_I~iSJ ~~~~® Iri~;~(3 1 2012 JCr,.1 fUTARI'IZO IQN~7 RE~I~TEF~ Or wl~-rrr5 ANB CLERK OFTHE ORPHANS' G®U. , 12107!2012 10:46:56 AM DAUPHIN COUNTY lnst.# 201212253 -Page 2 of 2 REQUEST FOR ASSIGNMENT ORPHANS' COURT MATTERS DAUPHIN COUNTY TYVELFTH JUDICIAL DISTRICT COURT OF COMI~AON PLEAS leifealve: ~=~•tz WSTRUCTIONS: THIS FORM SHALL BE FILED WHENEVER A FILE IS TO BE FORWARDED TO THE CURT. This Is only to be used for Orphans' Court matters and should not be used for Civil/Famlly law matters. If y u want a civil or family law matter assigned to a judge, you should file a Certificate of Readiness. ~ File the original of this form with the Clerk of the Orphans' Court. (Use reverse side if nec~ssary. DO NOT ABBREVIATE PARTIES.) ~I NAME OF CASE: i Robert J. Mulle, an Incapacitated Person ~~, ~' DOCKET NUMBER: .~o-vc-av12, ~~ TITLE OF MATTER TO BE ASSIGNED: ~•c, ~- ~a/;ilr ~ ;,; Petition to Accept Jurisdiction of Guardianship ~ e=n ~1sr!~~, t I "~~1 6'r~ nT ~ q_i~hin f]Jrit A RULE TO SHOW CAUSE OR A CITATION IS REQUESTED AND IS ATTACHED TO THE PETITION.I ^ AN ANSWER OR RESPONSE HAS BEEN FILED AND THIS MATTER IS READY FOR A HEARING O DECISION. ^ A CONFERENCE IS REQUESTED WITH THE COURT. ~ 0/ THE MATTER IS READY FOR HEARING ON THE PETITION. (j{ -?CGCJSQ/~, RELATED CASES: Please list the case name, docket number and assigned Judge to any related case: i COUNSEL: (List names, addresses and telephone numbers of all counsel) Marci S. Miller, Esquire Gibbel Kraybill & Hess LLP FILE® 10 South Broad Street Lititz, PA 17543 (717) 626-0291 idAY 2 4. 201 titCaI~T4R C7F WIr,L HIYC~ CLERK OF THE ORPHAN ' COU~~ ~ ~' ii Date ig at fst oun I or Pro Se Party li i 12/07/2012 10:46:50 AM DAUPHIN COUNTY ''R A;i rm 1= ;dirt. ap I~ili f77 inst.# 201211777 -Page 1 ~I IN RE: ROBERT J. MULLE An Incapacitated Person 1N THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVAN$A ORPHANS' COURT DIVISION NO. J~O`dC' o~~/v~ FAED PETITION TO ACCEPT JURISDICTION OF GUARDIANSHIP W~ aan2ilfarfiza~KingFN e+~ister of Wi11= Cle k of Urphan~' Court auphin Cauntyt FA TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT: Inst Num: 2u121t5?4 NOW COME Petitioners, Robert A. Mulle and Timothy J. Mulle, Co-Guardians f the Person and Estate of Robert J. Mulle, by and through their attorneys, Marci S. Miller and elvin H. Hess, of Gibbel Kraybill & Hess LLP, and file the within Petition to Accept Jurisdlct on of Guardianship, and in support hereof, aver as follows: 1. By Final Decree of the Honorable Jay J. Hoberg of the Lancaster County Co of Common Pleas, Orphans' Court Division, dated January 23, 2012, ROBERT J. MULL was adjudged an incapacitated person, and Petitioners, Robert A. Mulle and Timothy J. Mulle, were appointed Plenary Co-Guardians of the Person and Estate of ROBERT J. MULL an incapacitated person. A copy of the Final Decree dated January 23, 2012 is attached her~to as Exhibit "A." 2. In their capacities as Co-Guardians, Petitioners moved ROBERT 3. MUL)'LE to Dauphin County, Pennsylvania in January 2012 so that ROBERT J. MULLE could re ei~ appropriate specialized memory support and personal care services at a long-term care fa ili located in Dauphin County, Pennsylvania, and so that ROBERT J. MULLE could reside los to his son and Co-Guardian, Robert A. Mulle, and his son's family. FILED ~~v z ~ zo~z J~~~12JIARFIZO KING REGIS7!~R QF WILLS AND CLERK OF THE ORPHANS' COURT 12/07/2012 10:46:37 AM DAUPHIN COUNTY Inst.i~ 201211524 -Page 1 of 14 • 3. In January 2012, ROBERT J. MULLS was admitted to Arden Coujrts of Susquehanna, a personal care facility specializing in Gaze for individuals with memory loss, located at 2625 Ailanthus Lane, Harrisburg, Pennsylvania 17110. Petitioners believe RO~ERT J. MULLS has adjusted well to his new living arrangements and anticipate that he will remain a resident of the Arden Courts facility for the foreseeable future. III 4. During the pendency of the initial guardianship action, ROBERT J. MULL was a resident at Country Meadows Retirement Community, 1380 Elm Avenue, Lan aster, Pennsylvania 17603. I 5. ROBERT J. MULLS is eighty-nine (89) years old, his date of birth being 24, 1922. 6. ROBERT J. MULLS has two (2) children. His son, Robert A. Mulle, Peti 'over and Co-Guardian, resides at 860 Crooked Stick Drive, Mechazucsburg, Pennsylvania 17050. His son, Timothy J. Mulle, Petitioner and Co-Guardian, resides at 8500 Lucerne Drive, Chagrin Falls, Ohio 44023. I 7. ROBERT J. MULLS is married to Barbara W. Mulle. Petitioners do not where Barbara W. Mulle currently resides, but they believe she may be a resident of Manor Personal Caze Living Community in Lancaster County, Pennsylvania. Althou previously resided at County Meadows Retirement Community in Lancaster C Pennsylvania during the time that her spouse, ROBERT J. MULLS, was also resident at C Meadows Retirement Community, Petitioners believe and therefore aver that Barbara W. is no longer a resident at Country Meadows Retirement Community in Lancaster Pennsylvania. 2 12/07/2012 10:46:37 AM DAUPHIN COUNTY Leaf she il~'~ Inst~ 201211524 -Page 2 of 14 • • 8. The names and addresses of those persons who would be the intestate heG'us (or next of kin) of ROBERT J. MULLS aze as follows: Bazbara W. Mulle (spouse), c/¢ Gail Wolfgang (Agent under a Power of Attorney and daughter of Barbara W. Mulle), o~ 2530 Hartwell Court, Lancaster, Pennsylvania 17601; Robert A. Mulle (son), of 860 Crooked) Stick Drive, Mechanicsburg, Pennsylvania 17050; and Timothy J. Mulle (son), of 41 Olive Street, Chagrin Falls, Ohio 44022. IIII 9. The name and address of the person or institution providing residential servi~Ces to ROBERT J. MULLS is as follows: Arden Courts of Susquehanna, of 2625 Ailanthus Harrisburg, Pennsylvania 17110. 10. The names and addresses of other service providers are as follows: NONE. 11. ROBERT J. MULLE's primary physician is Albert Zanetta, D.O., Family Practice Center, 591 North 67a' Street, Harrisburg, Pennsylvania. I 12. ROBERT J. MULLS was a member of the Armed Services of the United tes. He is not receiving benefits from the United States Veterans Administration. 13. This guardianship was necessary and continues to be necessary because RO ERT J. MULLS is unable to manage his financial affairs or to make decisions regarding his heal and medical care due to a primary diagnosis of Alzheimer's disease/dementia. ROBERT J. LLE is not able to make competent decisions concerning his welfare and requires assistance with many of his activities of daily living. No less restrictive alternatives to this guardianshi are available to adequately provide for the physical and financial care of ROBERT J. MULLS. 14. Petitioners, Robert A. Mulle and Timothy J. Mulle, in their capacity as Co- Guardians of the Person and Estate of ROBERT J. MULLS, recently filed a ninety 3 day 12/07/2012 10:46:37 AM DAUPHIN COUNTY Inst.#1201211524 -Page 3 of 14 Inventory with the Orphans' Court of Lancaster County, Pennsylvania. A copy of the Inventory is attached hereto as Exhibit "B." 15. The total known assets in which ROBERT J. MULLS is an owner are as fo ows: Raymond James investment account, BB&T Bank checking account, Ephrata National Bank investment management account, MetLife Insurance policy, and CrownLife Insurance p /icy. The Raymond James, BB&T and Ephrata National Bank accounts are titled jointly to RO ERT J. MULLS and his spouse, Barbara W. Mulle; and their total approximate value is One '/lion One Hundred Ninety-Five Thousand Dollars ($1,195,000.00). ROBERT J. MULLS is th sole owner of the MetLife and CrownLife insurance policies; and the total. approximate cash v e of the life insurance policies is One Hundred Thirty-Nine Thousand Dollars ($139,000.00). 16. ROBERT J. MULLE's net income from all sources totals approximately Four Thousand Eight Hundred Dollars ($4,800.00) per month. The source of ROBERT J. MU LE's income is from Social Security, pension, and investments. 17. Petitioners seek to have this guardianship matter transferred from Lan aster County to Dauphin County because ROBERT J. MULLS resides in Dauphin County, d is expected to reside there for the duration of his life so that he can receive specialized me ory support care he needs and to be closer to his son, Robert A. Mulle. In addition, Petitione and Co-Guardian, Robert A. Mulle, lives just outside of Dauphin County, Pennsylvania, and it uld be more convenient for him to transact matters with the Orphans' Court of Dauphin Co ty rather than in Lancaster County. 18. Petitioners believe, and therefore aver, that it is in the best interest of ROBERT J. MULLS that this Honorable Court accept jurisdiction of the guardianship of the Person Estate of ROBERT J. MULLS. 4 12/07/2012 10:46:37 AM DAUPHIN COUNTY and Inst.#1201211524 -Page 4 of 14 r 19. Petitioners counsel was advised by the Lancaster County Orphans' Court clerk that once jurisdiction of this matter is accepted by the Dauphin County Orphans' Court, the Lancaster County Orphans' Court will release its jurisdiction of this matter. 20. A copy of this Petition has been provided to Susan Young Nicholas, as ounsel I for Barbara W. Mulle. WHEREFORE, Petitioners respectfully request that this Honorable Court enter an Order, accepting jurisdiction of the plenary permanent Guardianship of Person and Estate ROB RT J. MULLE. Respectfully submitted, GIBBEL KRAYBILL & HESS LLP Marti S. Miller, Esquire Attorneys for Petitioners PA I.D. #204083 10 South Broad Street Lititz, PA 17543 (717)626-0291 5 12/07/2012 10:46:37 AM DAUPHIN COUNTY Inst.#1201211524 -Page 5 of 14 VERIFICATION I verify that the statements made in this Petition are true and correct. I understan that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relati g to unsworn falsification to authorities. ~~ ---s /ice A. MULLS 6 12/07/2012 10:46:37 AM DAUPHIN COUNTY Insl.# 201211524 -Page 6 of 14 I 12/07/2012 10:46:37 AM VER I verify that the statements made in false statements herein are made subject t~ unsworn falsification to authorities. DAUPH -~ 11524 -Page 7 of 14 1N THE COURT OF COMMON PLEAS OF LANCASTER COUNTY, PENNSYLV. ORPHANS' COURT DIVISION IN RE: ROBERT J. MULLS, No. 0735 of 2011 An Incapacitated Person FINAL DECREE AND NOW, this 23`d day of January, 2012, an emergency hearing in this matter been held on April S, 2011, and a fnal hearing on December 21, 2011, and it appearing to Court that ROBERT J. MULLS was present at the hearings and represented at the latter by court-appointed counsel, John H. May, Esquire, the Court fmds from the tesiamony that: ROBERT J. MULLS suffers from Alzheimer's Dementia, a condition which totally impairs his ability to receive and evaluate information effectively and to make and communica decisions concerning his management of financial affairs or to meet essential requirements for his physical health and safety, as more fully described in the Deposition by Individual Qualifies in Evaluation of Incapacitated Person completed by Michael K. Weed, M.D. on Apri122, 2011, and in the Capacity Evaluation completed by Robert M. Howse, Jr., M.D. on May 19, 2011; an. As a result of ROBERT J. MULLE's impaired condition, he remains a personal care resident at Country Meadows Retirement Community; and There are insufficient supports available to assist ROBERT J. MULLS in such and that there exists no other less restrictive alternative mechanism for decision-making; and Based on the significant impairments of ROBERT J. MULLS to receive and evaluate information effectively and to make or communicate decisions in any way such that he is totally ~A 12/07/2012 10:46:37 AM DAUPHIN COUNTY Inst.# 201211524 -Page 8 of 14 unable to manage his financial resources or to meet essential requirements for his physicaq health and safety, a plenary guardian of the person and a plenary guardian of the estate are requ~r~d for the indefinite future. NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings it is ORDERED, ADJUDGED, and DECREED that ROBERT J. MUL E be and is hereby adjudged a totally incapacitated person and that ROBERT A. MULLS and TIMOTHY J. MiJLLE be appointed Plenary Co-Guardians of the Person and Estate of RO ERT J. MULLS, to act jointlyand/or severally. Further, the Court hereby enters the following: The Temporary Emergency Decree dated April 18, 2011 in this matter, and Temporary Order of Court dated August 5, 2011 in this matter are hereby vacated. All rise awned jointly by Robert J. Mulle and Barbara W. Mulle shall no longer be frozen. The appointment of Ephrata National Bank as temporary Guardian of the Estate of ROBERT J. MULLS is accordingly vacated. The bank accountlaccounts in the control of Ephrata Nadoi Bank and being administered by them in their capacity as the temporary emergency guardian ROBERT J. MULLS consist of funds that are jointly owned by the said ROBERT J. MULLI and BARBARA W. MULLS, as husband and wife. Ephra#a National Bank is directed to ret the account/accounts to reflect said joint ownership. 2. 't'his Order of Court shall supersede any prior Order or Decree of Court entered i this matter. 3. Any existing Financial Powers of Attorney executed by Robert J. Mulle are declared null and void including the Durable Financial Power of Attorney executed on September 12, 2009 and any subsequent Financial Power of Attorney executed in November, 2010, or later. 12/07!2012 10:46:37 AM DAUPHIN COUNTY Inst.#1201211524 -Page 9 of 14 r • 4, The Durable Health Care Proxy for ROBERT J. MULLE, Advance Directive Health Care for ROBERT J. MULLE, and HIPAA Authorization for Health Care for MULLE, all executed on September 12, 2009, shall remain in full force and effect. 5. The Co-Guardians shall have all powers and duties provided by law including described in 20 Pa.C.S,§ 5521. In addition, the Co-Guardians shall have the authority to all of ROBERT J. MiTLLE's medical records, including, but not limited to psychiatric Further, the Co-Guardians shall have the power and authority to serve as personal J. ves for all purposes of the Health Insurance Portability and Accountability Act of 1996, (Pub.L. 104- 191), 45 CPR Sections 160 through 164 ("HIPAA"). The Co-Guardians shall be considers personal representatives for ROBERT J. MULLE'S health care disclosures under the 2004 Federal HIPAA regulations and shall have full authority to review ROBERT J. MULLE's medical records and to execute releases of confidential information from medical providers insurers or other third party payors. 6. Tf the relocation of ROBERT J. MULLE to another county in Pennsylvania appropriate in order to ensure he receives the property level of care in another long-term care facility, the Co-Guardians shall notify this Court of any such relocation of ROBERT J, MLTL] to another jurisdiction. Within ninety (90) days of ROBERT J. MULLE's relocation to anoth county, the Co-Guardians shall file the appropriate documents with this Court and the county which ROBERT J. MULLE is relocated to request jurisdiction of this guardianship matter be transferred to the county in which ROBERT J. MULLE is then residing. 7. Pursuant to 20 Pa. C.S. § 5536(a), the Co-Guardians shall have the power to income and principal of the Estate of ROBERT J. MULLE solely for the care and maintenance ROBERT J. MULLE, without additional Court approval. Pursuant to 20 Pa. C.S. § 5536(b), the 12/07/2012 10:46:37 AM DAUPHIN COUNTY Inst.# 01211524 -Page 10 of 14 • estate planning must be approved by the Court upon petition and with notice to all part: interest. 8. The Court defers a decision on the necessity of a surety bond pending the f. Inventory itemizing the value of the personal estate which will come into the control of Guardians. 9. An Inventory must be filed within ninety (90) days. A Report by the Co-Guar shall be within twelve (12) months and annually thereafter as required by 20 Pa. C.S. § 55: 10. ROBERT J. MULLE, an incapacitated person, has the right to appeal this Orde filing exceptions within ten (l O) days of this date or to petition this Court for a review hear modify or temunate the guardianship herein established. ROBERT J. MULLE maybe represented by counsel in connection with any such appeal or review, and counsel will be appointed for him upon request if he is indigent and unable to afford counsel. An appeal from the Final Decree may be taken to the appropriate appellate court wit thirty (30) days from the entry of the Final Decree. BY THE COURT: /S/ CINDY L. ROWS DEPUTY CLERK O.C.D. ~~l ~-~Y.1. h~~~ERG JAY J. HOBERG JUDGE ATTEST: Distribution to: Melvin H. Hess, Esquire, Gibbel, T{raybill & Hess, 41 Bast Orange Street, Lancaster, PA 17602 John H. May, Esquire, May, Metzger and Zimmerman, 49 North Duke Street, Lancaster, l?A 17602 Susan Young Nicholas, Esquire, Young & Young, 44 South Main Street, Manheim, PA 17545 in of an Ca 1(c). 'by to 12/07/2012 10:46:37 AM DAUPHIN COUNTY Inst# 01211524 -Page 11 of 14 ~ C~OPS7 • GUARDIAN'S INVENTORY COURT OF COMMON PLEAS OF ~~C~~~~ COUNTY, PENNSYLV ORPFIANS' COURT bNISION Estate of 1~CJ~~ ~ • ~,1Ll~K~ l~an Incapacit~d P on ., f ^ a Minor i`? ~ . •r' ~ ~r a~ X1'1 I ~: ~ ~.r a c-, r"j w:. 1. Resl Estate: (Location, by whom occupied and rental Es~mate~V`~lue::. . • terms, if applicable) .. ~- Serb-Total for Rea! Estate: 0. 0 S 2. Personal Property: Estimated Value: 3. Jointly Held Property: Estimated Value: (Set jorrh tea! oral persona! property owned by the larnprxlrared Perron JOINTLYu~irh my other person(sJ. Scare N•herher held as tenants by the earherier; !/'nor, x~herher the right of rr,»~i~nrshlp exists.) D . 23 - Zh 1Z tv - ~~ 1Z pot,,, c-oe rev. 10. /J.O6 ~ Page 1 f 2 ~,~ r 12/07/2012 10:46:37 AM DAUPHIN COUNTY Inst.# 01211524 -Page 12 of 14 Estate of ~~~ ~ -'~ tU~~~ tan Incapacitated ' ©a Minor 4. Anticipated Assets: Estimated Valu 6A•r josh prvpern• ojnm• kixd arpecrerl ro be acquired hereajtea together rrirh aariciprtred dare ojnc¢risirian j Propc~ry AxHeipaltd Dote ujAcgaisitioa one Sub-Total for Persona! Estate: •I (Attaelt rulditionaJ sheets rf necessary) TOTAL OF ITEMS 1, 2, 3, and 4 :..............................~ l- Iii ~Vi.w Commonwealth of Pennsylvania ss. County of Ir(1t ~ICGLl~(~..--- ~ A~~ 11~-U ~ • {`~ NJ~ __ ,says that the foregoing is a Il, Guardian true and complete Inventory of the Estate of ~ ~ , the aforesaid Incapacitated Person or Minor; and that all of the information sat forth herein is true and correct to the best of the Guardian's knowledge and belief. I verify that the statements made in this ) Inventory are true and correct. I under-) _ stand that false statements herein are ) made subject to the penalties of ) 18 Pa.C.S. § 490 relating to unsworn ) Guardian falsification to authorities. ) Attorney for Guardian: L~V ~t'1 Supreme Court I_D. NoL: ~, r~_" Address: C t ~'1~ L/A.rl t~l ~~ ~ Z Telephone: Porarc-or re~.rara.oa Page 2 12/07/2012 10:46:37 AM DAUPHIN COUNTY Inst.# 01211524 -Page 13 of 14 ..'.." • ~ IN RE: : IN THE COURT OF COMMON PLEAS ROBERT J. MULLE OF DAUPHIN COUNTY, PENNSYLV? ORPHANS' COURT DIVISION An Incapacitated Person NO. CERTI~'TCATE OF SERVICE I, Marci S. Miller, Esquire, certify that on I~ 2012, I served a tr correct copy of the foregoing Petition To Accept Jurisdiction of Guardianship on the named below, by depositing the same in the United States mail, via first-class mail, prepaid, addressed as follows: Susan Young Nicholas, Esquire Young & Young Attorneys At Law 44 South Main Street Manheim, PA 17545 Respectfully submitted, GIBBEL KRAYBILL & HESS LLP '5 g Date By: v Marci S. tiler, Esqui PA I.D. #204083 10 South Broad Street Lititz, PA 17543 (717}626-0291 and 12/07/2012 10:46:37 AM DAUPHIN COUNTY Inst.~F 201211524 -Page 14 of 14