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Home My WebLink About03-21-05 INRE: AN ALLEGED INCAPACITATED: PERSON,DANIELJ. WHARE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO.;l1.05 -:A~ 3 PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE WITH 20 PA.C.S.A.!i 5511 ,,-..... I',) -> r) NOW comes petitioner, Amy L. Heller, by her attorneys, Rominger Bayley & Whare, Co; and presents this petition for appointment of guardian ofthe person and estate of Daniel J. Whare, an alleged incompetent, representing as follows: I. Petitioner is Amy L. Heller, an adult individual residing at 65 May Drive, Dillsburg, York County, Pennsylvania 17019. 2. The alleged incapacitated person is Daniel 1. Whare, born April 13, 1952 (age 52 years), residing at 130 West Ridge Street, Apartment #2, Carlisle, Cumberland County, Pennsylvania 17013. 3. The alleged incapacitated person has been mentally incapacitated since Wednesday, March 16, 2005 and had only lived at that address for a brief period before this illness occurred. According to his physician, Daniel's prognosis is guarded and he is suffering from unconsciousness secondary to respiratory arrest. He is incapable of caring for his own basic needs, both in his personal finances and physical needs, and is unable to properly follow the directions of his physicians for his own health care. He presently has a serious medical condition requiring serious medical attention for the foreseeable future. This condition renders the alleged incapacitated person incapable of executing a power of attorney, authorizing his daughter to conduct business on his behalf and to manage the household finances and manage the debts of the alleged incapacitated person. (See letter from Robert L. Vender, M.D., attached hereto as Exhibit "A"). 4. The following persons are the alleged incapacitated person's next-of-kin: Amy L. Heller (of Dillsburg, Pennsylvania - petitioner and daughter of the alleged incapacitated person), Michael J. Whare (of Carlisle, Pennsylvania - son of the alleged incapacitated person), John E. Whare, Jr. (of Carnegie, Pennsylvania - father of the alleged incapacitated person), Jean Wagner (of Carlisle, Pennsylvania - mother of the alleged incapacitated person), David Whare (of Portsmouth, Rhode Island - brother of the alleged incapacitated person), Donna Mahanes (of Carlisle, Pennsylvania - sister of the alleged incapacitated person), and Deborah Smith (of Carlisle, Pennsylvania - sister of the alleged incapacitated person). 5. The consent of the petitioner as his next-of-kin is incorporated herein and attached hereto as Exhibit "B". 6. Petitioner has no knowledge of any other Court within this Commonwealth which has appointed a guardian for the alleged incapacitated person. 7. The petitioner is unaware of the extent of the assets of the alleged incapacitated person. 8. The severity of the alleged incapacitated person's physical condition necessitates that a plenary guardian of his person be appointed to handle all issues relating to the alleged incapacitated person, specifically including, but not limited to: his living arrangements, his medical care, the administration of medication to him, and the employment and discharge of physicians, dentists, nurses, therapists and other professionals for his physical and mental treatment and care. 9. The severity of the alleged incapacitated person's physical condition necessitates that a plenary guardian of his estate be appointed to handle all aspects of the alleged incapacitated person's estate, specifically including, but not limited to: all issues relating to his cash, checks, and any bank or savings accounts held in his name, his personal property, his entitlement to any governmental and nongovernmental benefit plans, federal, state and local taxes, claims made or to be made on behalf of him or against him, the execution of any documents necessary and related to the above, and the entry into contracts affecting him as well as the payment of reasonable compensation or costs to provide services to him. 10. Petitioner has no interest adverse to the alleged incapacitated person and has agreed to act as guardian if this Honorable Court shall so appoint. WHEREFORE, petitioner respectfully requests this Honorable Court set a hearing at which the averments of this petition may be documented and the appointment of petitioner as guardian for the alleged incapacitated person may be considered, with notice thereof to be given to such persons as this Court may direct. Petitioner further requests that, if the Court deems it appropriate, that a guardian ad litem be appointed to act for the alleged incapacitated person regarding any necessary hearings. Finally, due to the emergency and immediate needs of the alleged incapacitated person, notably the need for immediate surgery as documented by Dr. Robert 1. Vender, Petitioner requests that she be appointed temporary guardian for the purposes of providing consent and other assistance regarding medical needs pending a final hearing on this matter. Respectfully submitted, ROMINGER, BAYLEY & WHARE Date: ? -0.>/-0S- M~~~:-;t 155 S. Hanover Street Carlisle, P A 17013 (717) 241-6070 Supreme Court I.D. # 89028 Attorney for Petitioner 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 unsworn falsification to authorities. Date: ') _ ('8'- D<j ~ .~tl&&Jv ~y L. HELLER INRE: AN ALLEGED INCAPACITATED: PERSON, DANIEL J. WHARE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 05- CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Petitioner do hereby certify that I this day served a copy of the within Petition upon the following by hand delivery, personal service or by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: John E. Whare, Jr. 619 Westchester Ct. Carnegie, PAl 5106 Dated: 5 -;lJ- 05- IV! --M /f k./L Michael J. Whar!, Esquire Attorney for Petitioner INRE: AN ALLEGED INCAPACITATED: PERSON, DANIEL J. WHARE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 05- CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Petitioner do hereby certifY that I this day served a copy of the within Petition upon the following by hand delivery, personal service or by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jean Wagner 915 Forge Road Carlisle, P A 17013 Dated: $-';;11_0)' fr1 ~A.J IJ t...A Michael J. Whare, Esqulfe Attorney for Petitioner INRE: AN ALLEGED INCAP ACIT A TED : PERSON, DANIEL J. WHARE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 05- CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Petitioner do hereby certify that I this day served a copy of the within Petition upon the following by hand delivery, personal service or by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: David Whare 2 Second Street Portsmouth, Rhode Island 02871 Dated: ?- ;U-o~ /'1 --dLf ~tvA Michael J. Whare, Esq6ire Attorney for Petitioner INRE: AN ALLEGED INCAPACITATED: PERSON, DANIEL J. WHARE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA ORPHAN'S COURT DIVISION NO. 05- CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Petitioner do hereby certify that I this day served a copy of the within Petition upon the following by hand delivery, personal service or by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Donna Mahanes 80 Buckhorn Drive Carlisle, PA 17013 Dated: ?- ")/- or /1/l.-ofi j ~~A Michael J. Whare, Esq lfe Attorney for Petitioner INRE: AN ALLEGED INCAPACITATED: PERSON, DANIEL J. WHARE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA ORPHAN'S COURT DIVISION NO. 05- CERTIFICATE OF SERVICE I, Michael J. Whare, Esquire, attorney for Petitioner do hereby certify that I this day served a copy of the within Petition upon the following by hand delivery, personal service or by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Deborah Smith 580 Hillcrest Drive Carlisle, PA 17013 Dated: ~ -") 1- "CJ-r- IV7 -cA .I ~ LA Michael J. Whare, EsqUIre Attorney for Petitioner INRE: AN ALLEGED INCAPACITATED PERSON, DANIEL J. WHARE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 05- COMPETENCY A FFIDA VIT I, R'b<~t V "nJa r ,M.D., being duly sworn according to law, depose and say that I am a licensed physician in the Commonwealth of Pennsylvania employed by M.S. Hershey Hospital. I have examined the alleged incapacitated person, Daniel J. Whare, with care and diligence. Based upon said examination and observation, I am of the opinion that he is currently incompetent to manage his own affairs and that there is no expectation of his immediate recovery within a reasonable degree of medical certainty. In addition, it is my opinion that no useful purpose would be served by Mr. Whare's appearance at a hearing to adjudicate his competency and. in fact, attendance at such a hearing could well be adverse to his well-being. 11 66d 7/-I~ ,M.D. Sworn to and sulls~~ before me this / (j v day ofm~IA:~, 2005. ~ L" j. i1~~~ Notary Public No1ariaI Seal Susan W. Deaven, NoIary Public Deny Twp., D8lJltIin 0WIly My Commission E>cpireS Oct 22.l!lO5 fo.~' P~l'...\I\\..p.\i"" ~qsocia1ion Of Notaries EXHIBIT "A" CONSENT OF GUARDIAN TO APPOINTMENT I, AMY 1. HELLER, hereby consent to act as the Guardian of the Estate and Person of DANIEL J. WHARE. I reside at 65 May Drive, Dillsburg, Pennsylvania 17019, and am the daughter of DANIEL J. WHARE. I am a citizen of the United State of America and can speak, read and write the English language. I have no interest adverse to DANIEL J. WHARE, the alleged incapacitated person. ~~110QW AMY. HELLER Date: ~()S- COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this, the /g'I'{ day of /)JI//{' 1..- ,2005, before me a notary public, the undersigned officer, personally appeared Amy L. Heller, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seal. / 0~/ - . ~?U.'t/L (~. l Notary Public ; Qz.v7)1;;<2L~_- (/ . NoloroOl Seal Unda J. JlJrnp;lf, Notuy P\tJIic Carlisle &ro. Cu-nberlard eo..'lly My~ E>qJires Juiy 23. 2006 --, ~AssociaIion()f t:)lh,1,+ -\8/1 v\ INRE: AN ALLEGED INCAP ACIT A TED PERSON, DANIEL J. WHARE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO.JI05 -~t.o3 PRELIMINARY ORDER , NOW, this ;) rift: day of )Jill ~4-, 2005, upon motion of Michael J. Whare, Esquire, and upon consideration of the attached petition, a rule is issued upon Daniel J. Whare to show cause why a guardian of his person should not be appointed. A hearing on this matter shall be held in Courtroom No.!L of the Cumberland County Courthouse, on ")J'ltL1J,!J Q Y , 2005, at I { : 07;' o'clock QI.,..m. Petitioner Amy 1. Heller is appointed temporary guardian of the person of Daniel J. Whare pending a final ruling by the Court following the hearing. At least 5' days notice of the hearing shall be given to the next-of-kin listed in the petition by personal service or by regular and certified mail. By the Court, J.