HomeMy WebLinkAbout04-0974IN RE: BESSIE M. WILKERSON :
..
An alleged incapacitated person :
IN THE COURT OF COMiMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS~ COURT DIVISION
NO. 21-04-974
ORDER OF COURT
AND NOW, this 6th day of December, 2004,
consideration of the Petition for Appointment of Guard~ f
Person and Estate of an Alleged Incapacitated Person
of Bessie M. Wilkerson at No. 21-04-974 Orphan's Court'~visi~,
and following an initial period of hearing, the record shall ~:~main
open, and counsel are requested to contact the Court's secretary
for purposes of scheduling an additional period of hearing. At the
further hearing, Petitioner's counsel has expressed a desire to
call one or more additional witnesses to support the petition.
It is noted that at the time of adjournment on today's
date Petitioner's Exhibits 1 and 2 had been identified and
admitted. No other exhibits had been identified or admitted. In
addition, it is noted that the Petitioner had presented most of her
case-in-chief, and the alleged incapacitated person had presented
most of her case-in-chief. Counsel are requested to attempt to
discover what has happened recently to certain state pension checks
which the allegedly incapacitated person was apparently receiving
at one point but which cannot presently be accounted for.
By the Court,
Marielle F. Hazen, Esquire
2000 Linglestown Road, Ste 303
Harrisburg, PA 17110
For the Petitioner
Michael Traxler, Esquire
36 South Hanover Street
Carlisle, PA 17013
For Bessie M. Wilkerson
pcb
1N RE: BESSIE M. WILKERSON
An alleged incapacitated person
: 1N THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
om-q-/st
On the Petition of Shirley M. Carter
PETITION FOR APPOINTMENT OF GUARDIAN OF THE
PERSON AND ESTATE OF AN ALLEGED INCAPACITATED PERSON
TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT:
NOW COMES, Petitioner, Shirley M. Carter, by and through her attorney, Marielle F. Hazen,
Esquire, and files the within Petition for the Appointment of Guardian of the Person and Estate of an
Alleged Incapacitated Person, and in support hereof, avers as follows:
1. BESSIE M. WILKERSON, the alleged incapacitated person, currently resides with
her :ilaughter ~md Petitioner, Shirley M. Carter at 208 Senate Avenue, Apt. 316, Camp Hill,
Pennsylvania ~7011. BESSIE M. WlLKERSON is ninety_one (91) years old, her date ofbirth being
~q
November ~-
15~1912.
z ic2. ~c2~tESStEStVI. WILKERSON'S husband died on August 16, 1977. BESSIE M.
WILKERSON has two (2) daughters: Shirley M. Carter (Petitioner), of 208 Senate Avenue, Apt.
316, Camp Hill, Pennsylvania 17011, and Betty L. Wilkerson, of 100 South 19th Street, Harrisburg,
Pennsylvania 17103·
3. BESSIE M. WILKERSON is not a patient in a mental hospital.
4. The Petitioner is BESSIE M. WILKERSON'S daughter and caregiver, Shirley M.
Carter, of 208 Senate Avenue, Apt. 316, Camp Hill, Pennsylvania 17011.
5. The names and addresses of those persons who would be the intestate heirs (or next of
kin) of BESSIE M. WILKERSON are as follows: Shirley M. Carter (Petitioner), of 208 Senate
Avenue, Apt. 316, Camp Hill, Pennsylvania 17011, and Betty L. Wilkerson, whose address is
unknown. Petitioner believes and therefore avers that Betty L. Wilkerson was residing in a hotel
until recently. Her present whereabouts are unknown. Betty L. Wilkerson has a son residing at 100
South 19th Street, Harrisburg, Pennsylvania 17103, and service of the Petition will be made on Betty
L. Wilkerson in care of her son at that address.
6. The name and address of the person or institution providing residential services to
BESSIE M. WILKERSON is as follows: Shirley M. Carter (Petitioner), of 208 Senate Avenue, Apt.
316, Camp Hill, Pennsylvania 17011.
7. Her attending psychiatrist is: Dr. Jagadeesh K. Moola, Medical Arts Building, Suite
409, 890 Poplar Chumh Road, Camp Hill, Pennsylvania 17011 (717) 761-1325.
8. BESSIE M. WILKERSON was not a member of the Armed Services of the United
States and nor is she receiving benefits from the United States Veterans Administration.
9. The Petitioner asks that she, Shirley M. Carter, be appointed as Guardian of the
person and estate of BESSIE M. WILKERSON. The proposed guardian is the daughter of BESSIE
M. WILKERSON.
10. The proposed guardian has no interests that are adverse to the interests of BESSIE M.
WlLKERSON.
11. Petitioner believes, and therefore avers, that no Court has ever assumed jurisdiction in
a proceeding to determine whether BESSIE M. WlLKERSON is incapacitated.
12. Petitioner believes, and therefore avers, that BESSIE M. WILKERSON has not
previously had a guardian appointed, nor is a guardianship hearing pending in any other jurisdiction.
13. The reasons why this guardianship is being sought are as follows: BESSIE M.
WILKERSON is unable to manage her financial affairs or to make decisions regarding health
care/medical decisions, due to dementia with paranoid behaviors and depression. In addition,
BESSIE M. WILKERSON is legally blind.
14. The functional limitations and physical and mental condition of BESSIE M.
WILKERSON are: BESSIE M. WILKERSON is not able to manage her financial affairs, nor is she
able to make competent decisions as far as her welfare is concerned. BESSIE M. WILKERSON
requires some level of assistance with all of her activities of daily living.
15. The following steps have been taken, in order to find less restrictive alternative to the
appointment ora guardian: BESSIE M. WILKERSON signed a Power of Attorney on August 12,
2004, appointing Shirley M. Carter as Agent. However, Petitioner believes and therefore avers that
the Power of Attorney is inadequate to protect BESSIE M. WILKERSON from family members
exploiting her financially. A copy of the Power of Attorney is attached hereto as Exhibit "A".
16. No less restrictive alternatives are available to adequately provide for the physical and
financial care of BESSIE M. WILKERSON.
17. The Petitioner requests that the guardian be granted powers to act for BESSIE M.
WILKERSON in the following specific areas: financial management, and medical and health care
affairs including care and placement decisions, access to all medical records, including psychiatric
records, and the power to make all decisions regarding medical treatment and life support.
18. Petitioner also requests that she, in her capacity as Guardian of the Person and Estate
of BESSIE M. WILKERSON, that she shall have the power and authority to serve as personal
representative for BESSIE M. WILKERSON for all purposes of the Health Insurance Portability and
Accountability Act of 1996, (Pub. L. 104-191), 45 CFR Sections 160 through 164. Petitioner further
requests that as plenary guardian she shall also be considered as personal representative for BESSIE
M. WILKERSON for health care disclosures under the 2004 federal HIPAA regulations and shall
have full authority to review her medical records and to execute releases of confidential information
from medical providers and insurers or other third party payors.
19. The proposed guardian has the following qualifications: The proposed guardian is the
daughter of BESSIE M. WILKERSON. The proposed guardian loves and cares for BESSIE M.
WILKERSON.
20. BESSIE M. WILKERSON'S assets total approximately Sixty-four Thousand and
00/100 Dollars ($64,000.00).
21. BESSIE M. WILKERSON'S net income from all sources totals approximately One
Thousand Three Hundred Ninety and 00/100 Dollars ($1,390.00) per month.
Petitioner respectfully requests that the Court, under Section 5511 of the Probate, Estates and
Fiduciaries Code, issue a Citation to BESSIE M. WILKERSON, BESSIE M. WILKERSON'S next
of kin, and to such other persons as the Court directs, to show cause why BESSIE M. WILKERSON
should not be adjudged to be an incapacitated person and plenary guardian of her person and estate
be appointed.
Date:
~mey for Petitioner
Attorney ID No. 68003
2000 Linglestown Road, Suite 303
Harrisburg, Pennsylvania 17110
(717)540-4332
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
SS:
On this, the aq~nd day of ~2~_t2_, 2004, before me, the undersigned officer,
personally appeared SHIRLEY M. CARTER who, being duly swum according to law, does depose
and say that the facts set forth in the foregoing Petition are true and correct to the best of her
knowledge, information and belief.
IN WITNESS WHEREOF, I hereunder set my hand and official seal.
SHIRI/EY M. CARTER
SWORN to and subscribed before me this ~(7~ ntt day of
2004.
COMMONWEALTH OF PENNSYLVANIA
I N.afl, Seal I
Marielle E Hazou, No~r~ Public
Susquehanna Twp., Dauphin County
My Commission Expires Sept. 23, 2006
VERIFICATION
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 unsworu
falsification to authorities.
SHI~EY M. CARTER
IN RE: BESSIE M. WILKERSON
An alleged incapacitated person
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
:
:NO.
CONSENT TO APPOINTMENT AS GUARDIAN
1. The name of the proposed guardian of the person of BESSIE M. WILKERSON is
SHIRLEY M. CARTER.
2. The name of the proposed guardian of the estate of BESSIE M. WILKERSON is
SHIRLEY M. CARTER.
3. The proposed guardian speaks, reads and writes the English language.
person.
The proposed guardian does not have an interest adverse to the alleged incapacitated
5. The proposed guardian is retired, is a licensed missionary and has a bachelor's degree
in Health and Human Services.
6. The proposed guardian is not a fiduciary, or 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 officer or employee of a corporate surety of such fiduciary.
a'~IRLfY M. CARTER
DURABLE GENERAL POWER OF ATTORNEY
OF
BESSIE M. WILKERSON
NOTICE
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON
YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR
PROPERTY, WHICH MAY INCLUDE POWER TO SELL OR OTHERWISE DISPOSE
OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU
OR APPROVAL BY YOU.
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR
AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE
EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT
AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY.
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT
YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU
EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE
THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR
AGENT'S AUTHORITY.
YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR
AGENT'S FUNDS.
A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS
YOUR AGENT IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF
ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA. C.S. CH. 56.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO
EXPLAIN IT TO YOU.
I HAVE READ OR HAD EXPLAINED
B~sie M. ',~qlkerson
Principal
UNDj~J~',STAND ITS CONTENTS.
EXHIBIT "A"
TO ME THIS NOTICE AND I
Dated:
ACKNOWLEDGMENT
I, SHIRLEY M. BALTIMORE-CARTER, HAVE READ THE ATTACHED
POWER OF ATTORNEY AND I AM THE PERSON IDENTIFIED AS THE AGENT
FOR THE PRINCIPAL, BESSIE M. WILKERSON. I HEREBY ACKNOWLEDGE
THAT IN THE ABSENCE OF A SPECIFIC PROVISION TO THE CONTRARY IN THE
POWER OF ATTORNEY OR IN 20 PA. C.S., WHEN I ACT AS AGENT:
I SHALL EXERCISE THE POWERS FOR THE BENEFIT OF THE PRINCIPAL,
BESSIE M. WILKERSON.
I SHALL KEEP THE ASSETS OF THE PRINCIPAL, BESSIE M. WILKERSON,
SEPARATE FROM MY ASSETS.
I SHALL EXERCISE REASONABLE CAUTION AND PRUDENCE.
I SHALL KEEP A FULL AND ACCURATE RECORD OF ALL ACTIONS,
RECEIPTS AND DISBURSEMENTS ON BEHALF OF THE PRINCIPAL, BESSIE M.
WILKERSON.
Shlrle~/M. Baltimore-Carter
Agent
Dated:
DURABLE GENERAL POWER OF ATTORNEY
I, Bessie M. Wilkerson, now of 208 Senate Avenue, Apartment 316, Camp Hill,
Cumberland County, Pennsylvania, hereby appoint Shirley M. Baltimore-Carter of 208 Senate
Avenue, Apartment 316, Camp Hill, Cumberland County, Pennsylvania, as my attorney-in-fact,
with full power to act individually and separately, to transact all of my business and to manage
all of my property and affairs as I might do if personally present, for me and in my name.
This power includes, but is not limited to, the following:
1. To write checks, to execute and deliver payment and withdrawal orders on any
accounts that I may have with any bank or other similar institution, to deliver the checks or
money paid or withdrawn to any person, group of persons, or association, and to endorse checks
or other instruments for deposit or collection; to deposit any moneys which may come into their
hands as such attorneys with any bank or bankers, either in my or their own names, and any of
such money or any other money to which I am entitled which now is or shall be deposited to
withdraw as they shall think fit; to sign mutual savings bank and federal savings and loan
association withdrawal orders; to borrow any sum or sums of money on such terms and with such
security as they may think fit and for that purpose to execute all notes or other instruments which
may be necessary or proper; and to have access to any and all safe deposit boxes registered in my
2. To ask, demand, sue for, recover and receive all sums of money, debts, goods,
merchandise, chattels, effects and things of whatsoever nature or description which are now or
hereafter shall be or become owing, due, payable, or belonging to me in or any right whatsoever,
and upon receipt thereof, to make, sign, execute and to compromise and deliver such receipts,
releases or other discharges for the same, respectively, as they shall think fit.
3. To sell, assign, transfer and dispose of any and all certificates of deposit, stocks, bonds
(including U.S. Savings Bonds), loans, mortgages, or other securities (including U.S. Treasury
Securities) registered in my name; and to collect and receipt for all interest and dividends due and
payable to me.
4. To invest in my name in any certificates of deposit, stock, shares, bonds (including
U.S. Treasury Bonds referred to as "flower bonds"), securities or other property, real or personal,
as to vary such investments as they, in their sole discretion, may deem best; and to vote at
meetings of shareholders or other meetings of any corporation or company and to execute any
proxies or other instruments in connection therewith.
5. To enter into and upon my real estate, or any real estate in which I have any interest as
a partner, joint tenant, tenant in common, tenant by the entireties, or any other interest, and to
lease, manage, and improve the same or any part thereof, and to repair or otherwise improve or
alter, and to insure any buildings thereon; to sell and agree to sell, either at public or private sale
or exchange any part or parts of my real estate or any real estate in which I have any interest as
aforesaid, or personal property for such consideration and upon such terms as they shall think fit,
and to execute and deliver good and sufficient deeds or other instruments for the conveyance or
transfer of the same, with such covenants of warranty or otherwise, as they shall see fit, and to
give good and effectual receipts for all or any part of the purchase price or other consideration;
and to mortgage my real estate or any real estate in which I have any interest as aforesaid, and in
connection therewith to execute bonds and warrants and all other necessary instruments and
documents.
6. To contract with any person for leasing for such periods, at such rents and subject to
such conditions as they shall see fit, all or any of my said real estate; to give notice to quit to any
tenant or occupier thereof; and to receive and recover from all tenants and occupiers thereof or
any part thereof all rents, arrears of rent, and sums of money which now are or shall hereafter
become due and payable in respect thereof; and also on non-payment thereof or of any part
thereof to take all necessary or proper means and proceedings for determining the tenancy or
occupation of such tenants or occupiers, and for ejecting the tenants or occupiers and recovering
the possession thereof.
7. To commence, prosecute, discontinue or defend all actions or other legal proceedings
pertaining to me or my estate or any part thereof; to settle, compromise, or submit to arbitration
any debt, demand or other right or matter due me or concerning my estate as they, in their sole
discretion, shall deem best and for such purpose to execute and deliver such releases, discharges
or other instruments as they may deem necessary and advisable; and to satisfy mortgages,
including the execution of a good and sufficient release, or other discharge of such mortgage.
8. To execute, acknowledge and file all federal, state and local tax returns of every kind
and nature, including without limitation, income, girl and property tax returns.
9. To engage, employ and dismiss any agents, clerks, servants or other persons as they, in
their sole discretion, shall deem necessary and advisable.
10. To convey and transfer any of my property to trustees who shall hold the same for my
benefit and/or the benefit of my children and other members of my immediate family upon such
trust terms and conditions as my attorney shall deem desirable.
11. To make limited gifts.
12. In general, to do all other acts, deeds and matters whatsoever in or about my estate,
property and affairs as fully and effectually to all intents and purposes as I could do in my own
proper person if personally present, giving to my said attorney power to make and substitute
under them an attorney or attorneys for all the purposes herein described, hereby ratifying and
confirming all that said attorney or substitute(s) shall do therein by virtue of these presents.
13. To request any and all medical and related information and records; to disclose
medical and related information to others; to employ and discharge medical and related
personnel; to authorize or refuse to authorize medical and surgical testing and procedures upon
me and to require discontinuation of medical treatment previously instituted; to consent or refuse
to consent to psychiatric care including the fight to voluntarily commit to a psychiatric care
facility if my attorney deems it necessary; to provide appropriate pain relief; to authorize my
admission to a medical, nursing, residential, or other similar facility or institution, and to enter
into agreements for my care; and to arrange for, consent to, waive and terminate any and all
medical and surgical procedures on my behalf, including the administration of drags, and to pay
all bills for my care; to grant releases to health care professionals or institutions to assure that my
wishes are fulfilled; and to do anything else which my attorney believes to be appropriate.
THIS POWER OF ATTORNEY SHALL NOT BE AFFECTED BY ANY FUTURE
DISABILITY OF MYSELF, BESSIE M. WILKERSON, THE PRINCIPAL. THAT IS, IT
SHALL BE EXERCISABLE NOTWITHSTANDING THE FACT THAT AT SOME
LATER TIME I MAY BECOME PARTIALLY OR TOTALLY DISABLED.
It is my intention that this power-of-attorney shall supercede any power-of-attorney
heretofore made by me. This power-of-attorney may be terminated either by me or by said
atto'racy by giving written notice of such termination to the other, but unless so terminated it shall
continue during our lives. An executed duplicate of this power-of-attorney or a photostatic copy
thereof, delivered by me or by said attorney to any third party, will be conclusive against me and
said attorney as to such third party that this power-of-attorney has not been terminated and will
continue in effect until such third party is advised by written notice from me or fi.om said
attorney of such termination. This power-of-attorney shall be governed by Pennsylvania law.
I hereby reserve all fights on my part to do personally any act which said attorney is
hereby authorized to perform and to grant similar powers-of-attorney to others.
IN WITNESS WHEREOF, I have executed the foregoing power-of-attorney this
9-- day of /4'O~ ,2004.
WITNESS:
Bessie M. Wilkerson
Principal
ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
On this, the [2- day of ,,~,~ , 2004, before me, the undersigned
officer, personally appeared Bessie M. Wilkerson, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
1N RE: BESSIE M. WILKERSON
An alleged incapacitated person
On the Petition of Shirley M. Carter
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
:
: NO.
CERTIFICATE OF SERVICE
I, Marielle F. Hazen, Esquire, certify that on ~)C-~r>ko~f 316~ ,2004, I served a
tree and correct copy of the within Petition for Appointment of Guardian of the Person
and Estate of an Alleged Incapacitated Person on the party(les) named below, by
depositing same in the United States mail, certified mail, postage prepaid as follows:
Betty L. Wilkerson
100 South 19th Street
Harrisburg, PA 17103
Respectfully Submitted,
Date
Marielle F. Hazen, Esq.
PA I.D. No. 68003
2000 Linglestown Road
Suite 303
Harrisburg, PA 17110
(717) 540-4332
PRAECIPEIREQUEST In The Court of Common Pleas To be filed with the Clerk of the
FOR ASSIGNMENT Cumberland County Pennsylvania Orphans' Court
IN RE:
Bessie M. Wilkerson, an alleged incapacitated person
DOCKET # Estimated Hearing/Conference Time: Day(s) 1 Hour(s) 1
SPECIFIC MATTER TO BE ASSIGNED
(Check Only One Category)
Assignment Proceedings and Conferences
Adoptions Compel Accounting Sale of Real Estate
InvoluntaryNoluntary Termination Objections to Account Attorneys Fees
X Guardian of Incapacitated Person Proceedings Against Fiduciaries Status Conference
Discharge Guardian Will Contest Argument
Guardian of Minor Inheritance Tax Appeal Other (describe)
Minor Settlement Terminate Trust
Wrongful Death/Survival Dissolution of Corporation/Charity
Name(s) and Judge(s) of related case(s) N/A
Docket number{s) of related case(s) N/A
Date:
Attorney for Petitioner X Respondent
NAMES, ADDRESSES, E-MAILS & TELEPHONE NUMBERS OF ALL COUNSEL INVOLVED
{use back of form for additional names and addresses)
For the Petitioner{s): Telephone No.
Marielle F. Hazen, Esq. 717-540-4332
For the Respondent(s): Telephone No.
P4-O31(~)
COMMONVVEALTH OF PENNSYLVANIA
NOTIFICATION OF MENTAL HEALTH COMMITMENT
The Un#olin Firearms ~, 18 PA. C.$. 6105 (c)(4) speckles thai i~ shall be unlawful for aW persofl adjudicated as an im~ompetent (x who has been im~untafily commilted to
a mealnt Inaliluflon for i~ ~am and lmetme~ u.de~ Section 302, 303, ~r 304 et' the Mental Health ~ ~ ~ ju~ 9, 1976 ~.L817, ~. 1~ ~ ~, ~,
meeu~ure, ~3~ot, ~ or transit firearms, ~ wo~ld include edjudi~atiea ~ ineapec, lty pursuant Io 20 Pa,C.S.A- ~5501. Pursuant to the Penm~vanta Menial
Place an 'X' on either involuntary Commitment or Adjudicated Incompetent
INVOLUNTARY COMMITMENT ADJUDICATED INCOMPETENT
Date of Involuntary Commitment or Adjudicated Incompetent
INDIVIDUAL INFORMATION (INDIVIDUAL INVOLUNTARILY COMMFI-rED OR ADJUDICATED INCOMPETENT)
LASTNAME (),~'[/1(~(,~)/~ FIRST ~O%%iL~. MIDDLE .~'~J
JR., ETC. ~ ~DEN ~S ~ ~'~ ~ ALIAS
9ATE OF BIRTH /J' I~' J~/~ SOCIAL SECURIW NUMBER ~-
S~. ~ ~CE ~( HEIGHT ~'~" ~IGHT //~ ~1" ~r~V EYES
NOTIFICATION BY (P~easa p~nt name, address, area code, and phone number of agency or county court.)
County Submitting Notification
County Mental Health and Mental Retardation Administrator
County Mental Health Review Officer
Physician Certifying Necessity of Involuntary Commitment
(Required in accordance w~h Section 6105(cX4) of the Uniform Firearms Act)
Hospital/Facility Providing Treatment/Address
Judge
SIGNATURE OF NOTIFYING OFFICIAL DATE
Court Case Number Date of Court Order
NOTIFICATION OF PHYSICIAN'S DETERMINATION THAT NO SEVERE MENTAL DISABILITY EXISTS
Name of Physician (Please pdnt,)
Signature of Physician, Date
1N RE: BESSIE M. WILKERSON
An alleged incapacitated person
On the Petition of Shirley M. Carter
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
.PRELIMINARY ORDER OF COURT
AND NOW, this .~ ~ day of ~ ~ ~/. ~ 2004, ~e foregoifig Petitio~aving been
presented in open CouP, upon consideration thereof ~d on motion of M~ielle F. H~en, Esquire,
Co~sel for ~e Petitioner, it is O~E~D ~d DEC~ED that a Citation be aW~d~ direc~d to
BESSIE M. WILKERSON to show cause why she should not be adjudged ~-ineapac~ted person
~d plen~ gu~di~ of her estme ~d person be appointed, ret~able ,~. ~ ,2004 at
~: ~'clock,~M., prev~ling tim~. ~ ~
~e time ~d place ofhe~ing on the petition for appointment ora gu~di~ of the estate ~d
person of ~e ~leged incapacitated person ~e fixed for ~, 2004, at ~:3Oo'clock,~M.,
prevailing time, in the O~h~s' Co~ Division, C~berl~d Co~W Co,house, C~lisle,
Pe~sylv~ia/~ ~ ~/.
At le~t twenW (20) days, ~i~en notice of the he~ing sh~l be given to BESSIE M.
WILKERSON, the alleged incapacitated person, by se~ing her personally wi~ ~e Citation ~d ~is
Order ofCou~ ~d a copy of the foregoing petition toge~er with ~ explanation of the content ~d
te~s of~e petition; ~d at least .~ days' ~tten notice of the petition ~d he~ng sh~l also be
given to the next of kin ~d to the following P~ies in interest: BeVy L. Wilkerson (daughter), 100
South 19m Street, H~isb~g, Pe~sylv~ia 17103, either person~ly or by registered or ceaified
m~l.
BY THE COURT:
1N RE: BESSIE M.
WILKERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-04-974
IN RE: PETITION FOR APPOINTMENT OF GUARDIAN
OF THE PERSON AND ESTATE OF AN
ALLEGED INCAPACITATED PERSON
ORDER OF COURT
AND NOW, this 8~ day of November, 2004, Michael Traxler, Esq., is hereby
appointed to represent the allegedly incapacitated person in the above matter on Monday,
December 6, 2004, at 2:30 p.m., in Courtroom No. 1, Cumberland County Courthouse,
Carlisle, Pennsylvania.
BY THE COURT,
MarielIe P. Hazen, Es~.~
2000 Linglestown Road
Suite 303 /
Harrisburg, PA 17110 [
Attorney for Petitioner ~
Michael Traxler, Esq.
36 South Hanover Street
Carlisle, PA 17013
Attorney for Bessie M. Wilkerson
:rc
(J~esley oier, ~) .
IN RE: Bessie M. Wilkerson
An alleged incapacitated person
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
:
: NO. 21-2004-0974
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the Court to have you declared an Incapacitated Person. If the
Court finds you to be an Incapacitated Person, your rights will be affected, including your right to
manage money and property and to make decisions. A copy of the petition which has been flied by
Shirley M. Carter by and through her attorney Marielle F. Hazen, Esq. is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. _1, Cumberland
County Courthouse, Carlisle, Pennsylvania, on December 6 ,200~4, at 2:30 EM. to tell the
Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your
behalf.
To be an incapacitated Person means that you are not able to receive and
effectively evaluate information and communicate decisions m~d that you are unable to
manage your money and/or other property, or to make necessary decisions about where
you will live, what medical care you will get, or how your money will be spent.
At the hearing, you have the right to appear, to be represented by an attorney, and
to request ajury trial. If you do not have an attorney, you have the right to request the
Court to appoint an attorney to represent you and to have the attorney's fees paid for you
if you cannot aflbrd to pay them yourself. You also have the right to request that the
Court order that an independent evaluation as to your alleged incapacity.
If the Court decides that you are an Incapacitated person, the Court may appoint a
Guardian for you, based on the nature of any condition or disability and your capacity to
make and communicate decisions. The Guardian will be of your person and/or your
money and other property and will have either limited of full powers to act for you.
If the court finds you are totally incapacitated, your legal rights will be affected
and you will not be able to make a contract or gift of your money to other property. If the
court finds that you are partially incapacitated, your legal rights will also be limited as
directed by the Court.
If you do not appear at the hearing (either in person or by an attorney representing you)
the court will still hold the hearing in your absence and may appoint the Guardian requested.
Date:l 1-10-2004
Clerk, Orphans Court Divisio~
Cumberland County, Carlisle, PA '
My Commission Expires 1 ~t Monday,
January, 2006
A'I-FGRNEY AT LAW
Bu,-r OI iGINAL
HARRISBURG, PA 17110
(717) 54D-4332
iN IGE: BESSIE M. WILKERSON
An alleged incapacitated person
On the Petition of Shirley M. Carter
: 1N THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
:
: NO. 21-2004-0974
CERTIFICATE OF SERVICE
I, Marielle F. Hazen, Esquire, certify that on October 26, 2004, I served a true and correct
copy of the Petition for Appointment of Guardian of the Person and Estate of an Alleged
Incapacitated Person on the above matter on the interested party named below, by depositing
same in the United States mail, certified mail, postage prepaid as follows:
Betty L. Wilkerson
100 South 19th Street
Harrisburg, PA 17103
Betty L. Wilkerson's last known address was a hotel where she is no longer staying. The
above address is the address of Betty L. Wilkerson's son, whom it is believed has frequent
contact with Betty L. Wilkerson. The certified mailing was returned to our office unopened on
November 1, 2004. As such, we have sent the Preliminary Order showing the date and time of
the hearing as well as the Petition for Appointment of Guardian of the Person and Estate of an
Alleged Incapacitated Person in this matter via regular mail on ~ ~ ~ B33- i q ,2004.
Respectfully Submitted,
Date
l~ar~elle ~. Hazen,CFJsq:-/
PA I.D. No. 68003
2000 Linglestown Road
Suite 303
Harrisburg, PA 17110
(717) 540-4332
1N RE: BESSIE M. WILKERSON
An alleged incapacitated person
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-2004-0974
On the Petition of Shirley M. Carter
PROOF OF SERVICE OF CITATION
I, Marielle F. Hazen, Esquire, attorney for Petitioner, hereby certify that service of
a copy of the Citation and Petition, a copy of which is attached, was made on Bessie M.
Wilkerson, by having a copy of it read to her as well as hand delivering a copy to her on
Tuesday, November 16, 2004, at 12:30 p.m. while she was at respite stay at Bridges at
Bent Creek located at 2100 Bent Creek Boulevard, Mechanicsburg, Pennsylvania, 17055.
The Petition and Citation were read and explained to the alleged incapacitated person, to
the maximum extent possible, in language and terms she was likely to understand.
Respectfully Submitted,
Date
Mari~lie J~.'H~zen,'l~sq.
Attorney for Petitioner
Court I.D. 68003
Law Office of Marielle F. Hazen
2000 Linglestown Road
Suite 303
Harrisburg, PA 17110
(717) 540-4332
IN RE: BESSIE M. ·
WILKERSON ·
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-04-974
IN RE: PETITION FOR APPOINTMENT OF GUARDIAN
OF THE PERSON AND ESTATE OF AN
ALLEGED INCAPACITATED PERSON
AND NOW, this 7th day of December, 2004, a continuation of the hearing in the
above matter is scheduled for Thursday, December 16, 1004, at 1:30 p.m., in Courtroom
No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Marielle P. Hazen, Esq.
2000 Linglestown Road
Suite 303
Harrisburg, PA 17110
Attorney for Petitioner
Michael Traxler, Esq.
36 South Hanover Street
Carlisle, PA 17013
Attorney for Bessie M. Wilkerson
:rc
IN RE: BESSIE M. WILKERSON
An alleged incapacitated person
On the Petition of Shirley M. Carter
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-04-974
CERTIFICATE OF SERVICE
I, Marielle F. Ha,zen, Esquire, certify that on ~)~a · (~ ,2004, I served a
tree and correct copy of the within Order for Cominuance of Hearing on the party(ies)
named below, by depositing same in the United States mail, regular mail, postage prepaid
as follows:
Betty L. Wilkerson
100 South 19th Street
Harrisburg, PA 17103
Respectfully Submitted,
Date
Marielle F."Haz~n, Eslt.
PA I.D. No. 68003
2000 Linglestown Road
Suite 303
Harrisburg, PA 17110
(717) 540-4332
IN RE: BESSIE M.
WILKERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-04-974
IN RE: PETITION FOR APPOiNTMENT OF GUARDIAN
OF THE PERSON AND ESTATE OF AN
ALLEGED iNCAPACITATED PERSON
AND NOW, this 7th day of December, 2004, a continuation of the hearing in the
above matter is scheduled for Thursday, December 16, 1004, at 1:30 p.m., in Courtroom
No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Marielle P. Hazen, Esq.
2000 Linglestown Road
,Suite 303
Harrisburg, PA 17110
Attorney for Petitioner
Michael Traxler, Esq.
36 South Hanover Street
Carlisle, PA 17013
Attorney for Bessie M. Wilkerson
:rc
J.~esley Ole~r., 'J.- '
IN RE: BESSIE M. WILKERSON
An alleged incapacitated person
On the Petition of Shirley M. Carter
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
: NO. 21-04-974
CERTIFICATE OF SERVICE
I, Marielle F. Hazen, Esquire, certify that on /~0. ~q ~ ,2004, i served a
tree and correct copy of the within Order for Continuance of Hearing on the party(ies)
named below, by depositing same in the United States mail, regular mail, postage prepaid
Betty L. Wilkerson
100 South 19th Street
Harrisburg, PA 17103
as follows:
Respectfully Submitted,
Date
M'arielle ~:~ [Ia~en, E'~q.'--
PA I.D. No. 68003
2000 Linglestown Road
Suite 303
Harrisburg, PA 17110
(717) 540-4332
IN RE: BESSIE M. : IN THE COURT OF COMMON PLEAS OF
WILKERSON : CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-04-974
IN RE: PETITION FOR APPOINTMENT OF GUARDIAN
OF THE PERSON AND ESTATE OF AN
ALLEGED INCAPACITATED PERSON
AND NOW, this 16th day of December, 2004, upon agreement of counsel, the
continuation of the hearing in the above matter is rescheduled from December 16, 2004,
to Thursday, February 3, 2005, at 2:30 p.m., in Courtroom No. 1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
Mari~elle P. Hazen, Esq.
2000 Linglestown Road
/Suite 303 ·
/ Harrisburg, PA 17110
Attorney for Petitioner
Michael Traxler, Esq.
36 South Hanover Street
Carlisle, PA 17013
Attorney for Bessie M. Wilkerson
:rc
BY THE COURT,
Wesley Ordr?Jr., ~j.c/·
IN RE: BESSIE M.
WILKERSON
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-04-974
IN RE: PETITION FOR APPOINTMENT OF GUARDIAN
OF THE PERSON AND ESTATE OF AN
ALLEGED INCAPACITATED PERSON
AND NOW, this 16th day of December, 2004, upon agreement of counsel, the
continuation of the hearing in the above matter is rescheduled from December 16, 2004,
to Thursday, February 3, 2005, at 2:30 p.m., in Courtroom No. 1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
¢iTesley O[er.,hJr., tj.6~ '
Marielle P. Hazen, Esq. ",
2000 Linglestown Road
Suite 303
Harrisburg, PA 17110
Attorney for Petitioner
Michael Traxler, Esq.
36 South Hanover Street
Carlisle, PA 17013
Attorney for Bessie M. Wilkerson
:rc ~
IN RE: BESSIE M. WILKERSON
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-04974
An alleged incapacitated person
PETITION TO WITHDRAW THE PETITION FOR APPOINTMENT OF GUARDIAN
OF THE PERSON AND ESTATE OF AN ALLEGED INCAPACITATED PERSON
TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT:
AND NOW COMES, Petitioner, Shirley M. Carter, by and through her attorney, Marielle F.
Hazen, Esquire, and files the within Petition to Withdraw the Petition for the Appointment of
Guardian of the Person and Estate of an Alleged Incapacitated Person, and in support hereof, avers as
follows:
I. Petitioner, Shirley M. Carter, of 208 Senate Avenue, Apartment 316, Camp HilI,
Pennsylvania 170 I I, filed a Petition for the Appointment of Guardian of the Person and Estate of An
Alleged Incapacitated Person on October 27, 2004, alleging that her mother BESSIE M.
WILKERSON was a totally incapacitated person.
2. A hearing was held before this Honorable Court on December 6,2004, at wmch
:.~::;o ';".'l
~'. ~::J
evidence was presented regarding BESSIE M. WILKERSON'S incapacity and \h~b~Qd fci1'lhe
. I
r,,)
appointment of a Guardian of the Person and Estate.
(",::C-";
I'. -
A second hearing was scheduled for February 3, 2005, for additional~mony1cl be
c. 0
ill
presented by Petitioner regarding the disposition of BESSIE M. WILKERSON'S missing pension
-u
3.
checks and her plans for the financial management of BESSIE M. WILKERSON'S financial
resources.
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)
~
4. Since the first hearing, BESSIE M. WILKERSON'S physical and mental condition
have deteriorated to such a significant extent that she is now a resident of Cumberland Crossings, a
long term care facility located at I Longsdorf Way, Carlisle, Pennsylvania 17013.
4. Petitioner believes and therefore avers that BESSIE M. WILKERSON will require
nursing home level care for the remainder of her life.
5. Medicare is currently paying for BESSIE M. WILKERSON'S care; however, she will
assume private pay status shortly and will be required to pay approximately Six Thousand Five
Hundred Dollars ($6,500.00) per month. Petitioner believes BESSIE M. WILKERSON'S funds will
be depleted in less than a year. When her funds are depleted, she will need to apply for Medical
Assistance.
6. Since the first hearing, Petitioner was able to obtain a response from the
Commonwealth of Pennsylvania regarding the missing pension checks. The missing checks have
been received and the monthly payments have resumed. All of BESSIE M. WILKERSON'S income
will need to be applied toward her cost of care.
7. Petitioner used the Power of Attorney dated August 12,2004, and attached to the
original Petition in this matter, to admit BESSIE M. WILKERSON into the nursing home and to
oversee her care. Petitioner will also use the Power of Attorney to make payment of the monthly
bills for care after BESSIE M. WILKERSON assumes private pay status.
8. Petitioner's concerns regarding other family members taking advantage of BESSIE
M. WILKERSON have been eliminated by her admission into the care facility.
9. Because of the significant change in circumstances, Petitioner no longer believes there
is a need for the appointment ofa Guardian of the Person or Estate of BESSIE M. WILKERSON.
WHEREFORE, Petitioner respectfully requests to withdraw the Petition previously filed and
for this Honorable Court to discontinue the hearing scheduled for February 3, 2005, at 2:00 p.m.
Respectfully submitted,
Date: C) -d.--ll::)
arielle F. azen, Es uire, Attorney for Petitioner
Attorney ID No. 68003
2000 Linglestown Road, Suite 303
Harrisburg, Pennsylvania 17110
(717)540-4332
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
On this, the;!. day of Hkllr r ,2005, before me, the undersigned officer,
personally appeared SHIRLEY M. CARTER who, being duly sworn according to law, does depose
and say that the facts set forth in the foregoing Petition are true and correct to the best of her
knowledge, information and belief.
IN WITNESS WHEREOF, I hereunder set my hand and official seal.
cx~~' ~
SHIRLE . CARTER
SWORN to and subscribed before me this j!.., ftj;
day of ,j~v-I)
(j
,2005.
KlmM.=:'''''
...~ ~ ~PubIIc
My ~""':"j' ~o;:. ftI:a
VERIFICATION
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 P A.C.S. ~ 4904, relating to unsworn
falsification to authorities.
~Jt6dv
SHIRL M. CARTER
IN RE: BESSIE M. WILKERSON
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
An alleged incapacitated person
: NO. 21-04-974
On the Petition of Shirley M. Carter
CERTIFICATE OF SERVICE
I, Marielle F. Hazen, Esquire, certify that on H.h'I.JC'j ;;;Z, 2005, I served a
true and correct copy of the within Petition to Withdraw the Petition for Guardian of the
Person and Estate of an Alleged Incapacitated Person on the parties below, by depositing
same in the United States mail, regular mail, postage prepaid as follows:
Michael Traxler, Esquire
Attorney for Bessie M. Wilkerson
36 South Hanover Street
Carlisle, P A 17013
Respectfully Submitted,
;)_(}-,-()S
A~!!!Jif-)
, arle Ie F. azen, Esq.
PA J.D. No. 68003
2000 Linglestown Road
Suite 303
Harrisburg, PA 17110
(717) 540-4332
Date
An alleged incapacitated person
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-04974
IN RE: BESSIE M. WILKERSON
PROPOSED STIPULATION IN LIEU OF HEARING
TO BE HELD FEBRUARY 3. 2005
In lieu of the hearing, Petitioner, by and through her counsel, Marielle F. Hazen, Esquire,
presents the within Proposed Stipulation in Lieu of Hearing in the above-captioned matter and in
support hereof Petitioner avers as follows:
1. Petitioner, Shirley M. Carter, of 208 Senate Avenue, Apartment 316, Camp Hill,
Pennsylvania 170 II, filed a Petition for the Appointment of Guardian ofthe Person and Estate of An
Alleged Incapacitated Person on October 27, 2004.
2. A hearing was held before this Honorable Court on December 6, 2004, at which
evidence was presented regarding Bessie M. Wilkerson's incapacity and the need for the
appointment of a Guardian of the Person and Estate.
3. A second hearing was scheduled for February 3, 2005, for additional testimony to be
presented by Petitioner regarding the disposition of Bessie M. Wilkerson's missfng pensiorfc)Iecks
i'l
,.C-)
,
and her plans for the financial management of Bessie M. Wilkerson's financial resQ~es. L,
[','I I
w
Since the first hearing, Bessie M. Wilkerson's physical and mental'cJjJ.'idition have
. ,'~' i ~C'j ,
4.
deteriorated to such a significant extent that she is now a resident of Cumberland Ct~sings,'ll.'long~:. 0
.t,:- ~Cn
Ul
term care facility located at I Longsdorf Way, Carlisle, Pennsylvania 17013.
5. Petitioner believes and therefore avers that Bessie M. Wilkerson will require nursing
home level care for the remainder of her life.
6. Medicare is currently paying for Bessie M. Wilkerson's care; however, she will
assume private pay status shortly and will be required to pay approximately Six Thousand Five
Hundred Dollars ($6,500.00) per month plus extra charges for prescriptions and personal care needs.
Petitioner believes Bessie M. Wilkerson's funds will be depleted in less than a year. When her
funds are depleted, she will need to apply for Medical Assistance.
7. Since the first hearing, Petitioner was able to obtain a response from the
Commonwealth of Pennsylvania regarding the missing pension checks. The missing checks have
been received and the monthly payments have resumed. All of Bessie M. Wilkerson's income will
need to be applied toward her cost of care.
8. Petitioner has used the Power of Attorney dated August 12,2004, and attached to the
original Petition in this matter, to admit Bessie M. Wilkerson into the nursing home and to oversee
her care. Petitioner will also use the Power of Attorney to make payment of the monthly bills for
care after Bessie M. Wilkerson assumes private pay status.
9. Petitioner's concerns regarding other family members taking advantage of Bessie M.
Wilkerson have been eliminated by her admission into the care facility.
10. Because of the significant change in circumstances, Petitioner no longer believes there
is a need for the appointment of a Guardian of the Person or Estate of Bessie M. Wilkerson.
II. Counsel for Bessie M. Wilkerson, Michael Traxler, Esquire, does not object to the
withdrawal of the Petition for Guardianship, but requests that the Order of Court dismissing this
action include a direction to Petitioner that, in her capacity as Agent for Bessie M. Wilkerson, she
restrict the use of principal and income to the medical and personal care needs of Bessie M.
Wilkerson.
::;
,;f'
12. Petitioner agrees and shall comply with any orders of the Court directing Petitioner, in
her capacity as Agent for Bessie M. Wilkerson, to restrict the use of principal and income to medical
and personal care needs of Bessie M. Wilkerson.
WHEREFORE, Petitioner respectfully requests to withdraw the Petition previously filed and
for this Honorable Court to discontinue the hearing scheduled for February 3, 2005, at 2:00 p.m.
Respectfully submitted,
Date: 2 - ? - () '5
, .
/
Marielle azen, Esquire, Attorney for Petitioner
Attorney 10 No. 68003
2000 Linglestown Road, Suite 303
Harrisburg, Pennsylvania 17110
(717)540-4332
Agreed to by:
. ~r-
'-1i./A/~ ~ d~
Michael Traxler
Court Appointed Attorney
for Bessie M. Wilkerson
'>-
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,'; ~ '.InrUi':'Jo '
, ~-' - -! ,) A
,,'
IN RE: BESSIE M. WILKERSON
An alleged incapacitated person
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYL VANIA
: ORPHANS' COURT DIVISION
: NO. 2]-04974
ORDER ALLOWING WITHDRAWAL OF COUNSEL
AND NOW, this "2" cL day of
rf,L
, 2005, upon consideration of the
Petition to Withdraw the Petition for the Appointment of Guardian of the Person and Estate of an
Alleged Incapacitated Person in the above-captioned matter, it is hereby ORDERED and DECREED
that said Petition is GRANTED and that Petitioner, Shirley M. Carter, by and through her attorney,
Marielle F. Hazen, Esquire, be permitted to withdraw the Petition for the Appointment of Guardian
of the Person and Estate of an Alleged Incapacitated Person in the above-captioned matter and the
Guardianship Hearing set for February 3, 2005 at 2:00 p.m. is hereby discontinued.
BY THE COURT,
!
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1.
Marielle F. Hazen, Esq.
2000 Linglestown Road
Suite 303
Harrisburg, P A 1711 0
Attorney for Petitioner
f
If\cultCl ~ II. 05
t~ f'r~'lh-A-tLuJ) t,(2!_ll
Michael Traxler, Esq. C UH '-- II dlLctAJ), f /) .
36 South Hanover Street I Il[~[.L
Carlisle, PA 17013 " U l.r', _ U4'~L I' ,
[;~r · !, _ L~/l'
v~
'Y
FIR [) 4 2DOs:!
An alleged incapacitated person
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-04974
IN RE: BESSIE M. WILKERSON
ORDER OF COURT
NOW, this ~ day of -Fd..
,2005, upon consideration of the Proposed
Stipulation In Lieu of Hearing to be held February 3, 2005, and upon concurrence of all parties with
the terms of this order,
IT IS HEREBY ORDERED AND DIRECTED that the Petition seeking to have a guardian
appointed for Bessie M. Wilkerson shall be dismissed and the Guardianship Hearing set for February
3,2005 at 2:00 p.m. is hereby discontinued.
IT IS HEREBY FURTHER ORDERED AND DIRECTED that Shirley Carter, in her present
capacity as Agent for Bessie M. Wilkerson, be authorized to use Bessie M. Wilkerson's income and
principal only for payment of medications, medical expenses, care expenses, living expenses and
personal needs of Bessie M. Wilkerson.
BY THE COURT,
Michael Traxler, Esq.
36 South Hanover Street
Carlisle, PA 17013
Attorney for Bessie M. Wilkerson
1.
Marielle F. Hazen, Esq.
2000 Linglestown Road
Suite 303
Harrisburg, P A 17110
Attorney for Petitioner
(\~llE:/) ~q 05
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