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HomeMy WebLinkAbout03-04-14 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA IN THE MATTER OF ORPHANS' COURT DIVISION MARYLN HARTSOCK An Alleged Incapacitated Person No. 2 '� ' Q�� ARP MOTION TO REMOVE/CANCEL GUARDIANSHIP HEARING AND NOW COMES Robert Hartsock, by and through his attorney and hereby moves to cancel/remove the Guardianship Hearing previously scheduled for March 4, 2014, in this.case and represents as follows: 1. Robert Hartsock previously filed an Emergency Petition in this case asking this Honorable Court to appoint him as guardian over his incapacitated wife. 2. After filing the petition requesting appointment as guardian in this case Robert was informed by the medical professionals caring for his wife that she had regained sufficient cognitive ability to make a decision regarding a Power of Attorney and has since appointed her husband as Power of Attorney, thus alleviating the need for a guardianship. 3. Attached hereto as Exhibit "A" is a note from Maryln's doctor as well as a copy of the lawfully executed POA. 4. Therefore, Mr. Hartsock requests that the hearing scheduled on the petition for guardianship be cancelled and requests to remove and withdraw his petition for guardianship at this time. O to':'o zX r �. 2a .L"J rJ- OO xi.. $gyp n- W . . T WHEREFORE, Robert Hartsock requests that the hearing scheduled in this matter be canceled and that the previously filed petition for guardianship be removed and withdrawn. Respectfully submitted, Stone, Duncan, & Linsenbach, P.C. Dated: / / By: Ja on B. Duncan, Esq. Attorney No. 87946 8 N. Baltimore Street Dillsburg, PA 17109 (717) 432-2089 Attorneys for Plaintiffs 2 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA IN THE MATTER OF ORPHANS' COURT DIVISION MARYLN HARTSOCK An Alleged Incapacitated Person No. Z - 01 L4 - 01(0-0 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this day I have served a true and correct copy of the foregoing Petition upon the following persons by first-class mail: Marlyn Hartsock Health South Rehabilitation Center 175 Lancaster Blvd. Mechanicsburg, PA 17055 Dated: ! I l 0/�_� Jason B. Duncan, Esquire Attorney for Petitioner Pf ds4 January 28, 2014 Physicians of Rehabilitation, Industrial&Spine Medicine,P.C. Patient: MARYLN L. HARTSOCK To: Jason Duncan A Spectrum.nf Medical Services to Restom the Quality of LUfe: •ray6al Me Id.. .. Dear Mr. Duncan: ReMNEtBM1°n •Elswd.g.w s I am writing this letter on behalf of Mrs. Maryln L. Hartsock to verify that she has been a patient at HealthSouth Rehabilitation Hospital of Mechanicsburg since February 8,2014,under my care. Her case manager is Janice Quigley(phone �r 691-4921). Mrs.Hartsock is actively participating in physical therapy, occupational therapy and speech therapy five to six days per week. Michael R Lupigacci,MD It is my belief, as well as that of the therapy staff and our neuropsychologist,Dr. William A.Rblle;Jr.,MD Lisa Eaton,that Mrs. Hartsock is, at this point in time,competent to make decisions and understands the meaning and intent of a power-of-attorney. Attached is a copy of the power-of-attorney that was executed during her stay at Jennifer L.Tanner,PA-C this hospital as well as a copy of the neuropsychologist's note deeming Mrs. Rebecca H Lingenfelter,PA-C Kelley Simpson,PA-C Hartsock competent. Michelle Kaufman,PA-C Please contact my office if you have further questions. Sincerely, 175 Lancaster Boulevard P.O.Box 2028 Michael F. macci, MD Mechanicsburg PA1!7055 Medical Director,HealthSouth Rehabilitation Hospital of Mechanicsburg r Phone 717 691.3755.`,"x' Fax 717 691.3834 Bloom Bldg.,Suite 106 4310 Londonderry Rd. Harrisburg,PA 17109 Phone 717 561.4242 Fax 717 561.4903 www.prisnidrs.com HARTSOCK MARYLN LYswm DOB:O1II9/IB55(q Oq:LUPINACCI MQ MICHAEL tmHasdtalofMec�IBnbsbu�g i AGE:69Y AOM1T:07J08/14 INTERDISCIPLINARY PRO ! ACT:763196 MRAI:230971 SSNQTE. IN®9h7L�goffigg IACTI D TE TIME I - . . ._ Pi}OGRE.9S NOTE /cl S J(J � op �..p hI ! a J L-8 -P 2 4.6 I�i vrvl ti{y�✓1.��j r w h l e-0'i O2 P 1 11-4 br4J >- L.S ej c. d f 1 Q. fir%L hFC f C�11�7rr � £sU to LP Sv) cv _ vd- < a /-z. a "J It-e 4 doh r'Lr 02010 Hee.'IhSouVi Corporelbn REORDERtl=I : 38/B , 1 • • 1 • 1 - t- t i- • t Isk a� • - �®rte, . . ����.�� . .• POWER OPA7TORNEY 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 POWERS 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 ANY 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 ITTO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. (Principal) Date) POMMR OFATTORNEY I, Marvin L. Hartsock of Cumberland County, Pennsylvania, do hereby appoint Robert D. Hartsock of Cumberland County. Pennsylvania as my true and lawful Attorney-in-Fact with full, durable power to transact anyand all business in my name as though I myself were acting. THIS POWER includes, but is not limited to, the following: 1. To write checks, and to execute and deliver payment and withdrawal orders on any accounts that I may have with any bank or other similar institution, and to deliver the checks of money paid or withdrawn to any person, group of persons, or associations; and to endorse check or other instruments for deposit or collection; 2. To take all lawful steps to recover, collect, and receive any amounts of money now or hereafter owing or payable to me; and to compromise and execute releases or other sufficient discharges for them; 3. To withdraw and receive the income or corpus ofany trust over which I may have a right of Withdrawal, and to request and receive the income or corpus of any trust with respect to which the trustee thereof has the discretionary power to make distributions to or on my behalf, and to execute a receipt and release or such similar document for the property so received; 4. To sue and settb suits of any kind in my name or for my benefit; 5. To buy, sell, mortgage, hypothecate or grant security interests in any kind of tangible or intangible personal property, 6. To sign, assign, or endorse any security issued by any corporation, bank, or other organization, and to exercise any rights with respect thereto that I rray have; 7. To lease, sell, release, convey, extinguish, or mortgage any interest in real property on such terms as may be deemed advisable; and to manage, repair, improve, maintain, restore, buid, or develop such property, 8. To purchase or otherwise acquire any interest in, and acquire possession of real property, and to accept al deeds and other assurances n the law for such property, 9. To execute, deliver, and acknowledge deeds, deeds of trust, covenants, indentures, agreements, mortgages, hypothecation, bills of lading, bills, bonds, notes, receipts; evidences or debts, releases,and satisfactions of mortgages,judgment, ground rents, and other debts; 10. To enter my safe deposit boxes and to open newsafe deposit boxes, and to add to, and to remove any of the contents of any such safe deposit boxes; and to close out any of the boxes; 11. To borrow money for my account of whatever terms and conditions may be deemed advisable, including the right to borrow money on any insurance policies issued on my fife for anypurpose and to pbdge, assign, and delver the policy or policies as security. 12. To purchase United States Treasury"flower" bonds on my behalf, and to borrow money specifically to enable the purchase ofthese bonds; 13. To prepare, execute, and file all tax returns required to be made by me, to pay the taxes due, to collect any refunds, to sign waivers extending the period for the assessment of such taxes of deficiencies in them, to sign consents to the Immediate assessment of deficiencies and acceptance of proposed over assessments, to execute closing agreements, to engage and appoint attomeys to represent me in connection with any matters arWng before anyfederal, state, or bcal taxing agency; 14. To disclaim any interest in property, to exercise my right to claim an elective share of the estate of my spouse, and to take all actions that my attorney-in-fact deems appropriate to effectuate that ebction; 15. To renounce any fiduciary positions to which I have been or may be appointed, including, but not limited to, personal representative, trustee, guardian, attorney-in-fact, and officer or director of a corporation; to resign such positions in which capacity I am presently serving, and to file an accounting with a Court of competent jurisdiction, or settle on a receipt and release or other informal method as my attorneyin-fact deems advisable; 16. To arrange for my entrance to, and care at, any hospital, nursing home, health center, convalescent home, retirement home, or similar institution, and to authorize, arrange for, and to consent to any and all medical and surgical procedures on my behalf, and to payall bills for my care; 17. To execute a revocable agreement of trust with such trustees as my attomeyin-fact selects and which provides that all income and principal shall be paid to me or the guardian of my estate, or applied for my benefit in such amounts as I, or my attorney-in- fact, shall request or as the trustee or trustees shall determine, and that on my death any remaining income and principal shall be paid to my personal representative, and that the trust may be revoked or amended by me or my attomeyin-fact at any time and from time to time, provided, however; that any amendment by my attorney-in-fact must be such that it could have, by law, delivered and conveyed any or all of my assets to the trustee or trustees, and to add any or all of my assets to such a trust already in existence at the time of the creation of this Power. And I do hereby ratify and confirm all that my attorney-in-fact shall lawfully do, or cause to be done, by virtue of this Power of Attorney. This Power of Attorney shall not be affected by my disability or incapacity or by uncertainty as to whether I am dead or alive, and it may be accepted and relied upon by anyone to whom it is presented until such person either(1) receives written notice of revocation by me or a guardian (or similar fiduciary) of my estate, or (2) has actual knowledge of my death. My attorney-In-fact shall be entitled to reasonable compensation for services performed hereunder. IN WITNESS WHEREOF, and intending to be legally bound hereby, I have signed this Power of Attorney this "*'F day of_3�i�r �y . 2014. Witness: / COM ONWEA( TH OF PENNY VANIA COUNTY OF SS. On this, the --4f day Of 2014,before me, a Notary Public, in and oorr�said�Commonwealth and County, the undersigned officer, personally appeared known to me, ' �^ 1"4rlrolr satisfactorgy proven) to be the person whose name is subscribed to the Within Power of Attorney, and acknowledged that he executed the same for the purposes thereh contained. IN WITNESS WHEREOF, I hake hereunto set my hand and Notarbl Seal. COMMONWEALTH OF PFIVNSYLVAN7A Notelial Seal G Maria L,Stroh Notary Public Lower Allen Twp.,CumbeNaM County Notary Public My Comma FxWm Dec,3,2019 MEMBER,P.N TLVMM ASSOCIATION OF NOTARIES THIS DOCUMENT IS PROVIDED AS A MATTER OF COURTESY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. YOU ARE ENCOURAGEDTO SEEK LEGAL COUNSEL TO ANSWER YOUR QUESTIONS, EITHER THROUGH A PRIVATE ATTORNEY,OR CONTACT WITH LEGAL SERVICES AT(717)766-8475. ACKNOWLEDGMENT I, Robert D. Hartsock, have read the attached power of attorney and am the person Identified as the agent for the principal. 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. i shall keep the assets of the principal separate fromny 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. (Agent) (Date) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the g�f day of ua u _,2014, before me, a Notary Public, in and or �sJaid Commonwealth and County, the undersgned officer, personaly appeared known to me, rSolarr� �• �z+fs�s1 (or, satisfactorily proven) to be the person whose name is subscribed to the within Power of Attorney, and acknowledged that he executed the same for the purposes thereh contained. IN WITNESS WHEREOF, I have hereunto,set my hand and Notarial Seal. . CbMNtONwEA PENNSYLVANIA Notarial Seal Maria L.S"h,Notary Public kANer mien Two CumbeAand County Notary Public Co nm1wor, Dec.s,201.4 MEM8UEPkV WLVANU ASSIMA111 of NMMIE. THIS DOCUMENT IS PROVIDED AS A MATER OF COURTESY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. YOU ARE ENCOURAGEDTO SEEK LEGAL COUNSEL TO ANSWER YOUR QUESTIONS,EITHER THROUGH A PRIVATE ATTORNEY,OR CONTACT WITH LEGAL SERVICES AT(717)766$476.