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HomeMy WebLinkAbout01-27-15 IN RE: REBECCA M. MAURER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION an alleged incapacitated person : NO. of H 5 % 2 On the Petition of Maria S. Maurer and Randall C. Maurer PETITION FOR APPOINTMENT OF CO-GUARDIANS OF THE PERSON AND ESTATE OF AN ALLEGED INCAPACITATED PERSON TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT: NOW COME, Petitioners, Maria S. Maurer and Randall C. Maurer, by and through their attorney, Jacqueline A. Kelly, Esquire and file the within Petition for the Appointment of Co- Guardians of the Person and Estate of an Alleged Incapacitated Person, and in support hereof, avers as follows: 1. Rebecca M. Maurer, the alleged incapacitated person, currently resides at home with the Petitioners at 1025 Highfield Court, Mechanicsburg, PA 17055. She is 37 years old„her M date of birth being May 22, 1977. 3: CD M -X c a 2. Rebecca M. Maurer is unmarried. -' x> M r"� _ m 3. Rebecca M. Maurer is not a patient in a mental hospital. 3 Y �n 4. The Petitioners are Maria S. Maurer and Randall C. Maurer of 102.5-Highfie'I� o c Court, Mechanicsburg, Pennsylvania 17055, and they are the parents of Rebecca M. Maurer. Rebecca M. Maurer has no children and is not married. 5. The names and addresses of those persons who would be the intestate heirs (or next of kin) of Rebecca M. Maurer are as follows: Maria S. Maurer and Randall C. Maurer(parents) 1025 Highfield Court, Mechanicsburg, PA 17055 6. The names and addresses of the persons providing residential services to Rebecca M. Maurer are as follows: Maria S. Maurer and Randall C. Maurer(parents) 1025 Highfield Court Mechanicsburg, PA 17055 7. The names and addresses of other service providers are as follows: None. Her primary physician is: Dr. Brian M. Uniacke, M.D. Silver Spring Family Practice 21 Waterford Drive Mechanicsburg, PA 17050 (717) 591-3630 8. Rebecca M. Maurer was not a member of the Armed Services of the United States. 9. The Petitioners asks that they, Maria S. Maurer and Randall C. Maurer, and Jessica C. Maurer, be appointed as Co-Guardians of the person and estate of Rebecca M. Maurer. The proposed co-guardians are the parents and sister of Rebecca M. Maurer. 10. The proposed co-guardians have no interests which are adverse to the interests of Rebecca M. Maurer. 11. Petitioners believe, and therefore aver,that no Court has ever assumed jurisdiction in a proceeding to determine whether Rebecca M. Maurer is incapacitated. 12. Petitioners believe, and therefore aver, that Rebecca M. Maurer has not previously had a guardian appointed, nor is a guardianship hearing pending in any other jurisdiction. 13. The reasons why this guardianship are being sought are as follows: Rebecca M. Maurer is unable to manage her financial affairs or to make decisions regarding health care/medical decisions, due to having Downs Syndrome. 14. The functional limitations and physical mental condition of Rebecca M. Maurer are: Rebecca M. Maurer is not able to manage her financial affairs, nor is she able to make competent decisions as far as her welfare is concerned. 15. The following steps have been taken, in order to find less restrictive alternative to the appointment of a guardian: Rebecca M. Maurer is not competent to execute a power of attorney. No less restrictive alternatives are available to adequately provide for the physical and financial care of Rebecca M. Maurer. 16. The Petitioners request that the co-guardians be granted powers to act for Rebecca M. Maurer in the following specific areas: financial management and medical and health care affairs including care and placement decisions, access to all medical records and power to make all decisions regarding medical treatment and life support. 17. The proposed co-guardians have the following qualifications: The proposed co- guardians are the parents and sister of Rebecca M. Maurer. The proposed co-guardians love and care for their daughter and sister. 18. The gross value of the Estate of Rebecca M. Maurer is approximately Nine Hundred Dollars ($900.00). Rebecca M. Maurer's net income from all sources totals approximately Five Hundred Five Dollars ($505.00)per month. ($480 from SSI and $25 from SSP Commonwealth of Pennsylvania). Petitioners respectfully request that the Court, under Section 5511 of the Probate, Estates and Fiduciaries Code, issue a Citation to Rebecca M. Maurer, Rebecca M. Maurer's next of kin, and to such other persons as the Court directs, to show cause why Rebecca M. Maurer should not be adjudged to be an incapacitated person and plenary co-guardians of her person and estate be appointed. Respectfully submitted, JAN L. BROWN & ASSOCIATES Date: tva� y Jac eline A. Kelly, Esquilk torney for Petitioners Attorney ID No. 91973 845 Sir Thomas Court, Suite 12 Harrisburg, Pennsylvania 17109 (717)541-5550 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this, the day of c . , 2015, before me, the undersigned officer, personally appeared Maria S. Maurer and Rand 1 C. Maurer 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 their knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. Ma T14- Randall if. Maurer SWORN to and subscribed before me this 0c0 day of ( /'t Vt , 2015. t�ry blic 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. Section 4904, relating to unsworn falsification to authorities. Maria S. Maurer 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. Section 4904, relating to unsworn falsification to authorities. Ra dall C. Maurer IN RE: REBECCA M. MAURER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION an alleged incapacitated person : NO. CONSENT TO APPOINTMENT AS GUARDIAN 1. The names of the proposed co-guardians of the person of Rebecca M. Maurer are Maria S. Maurer, Randall C. Maurer and Jessica C. Maurer. 2. The name of the proposed co-guardians of the estate of Rebecca M. Maurer are Maria S. Maurer, Randall C. Maurer and Jessica C. Maurer. 3. The proposed co-guardians speak, read and write the English language. 4. The proposed co-guardians do not have an interest adverse to the alleged incapacitated person. 5. The proposed co-guardians are not a fiduciary, or officer or employee of a corporate fiduciary of an estate in which the alleged incapacitated person has an interest; and are not the surety, or officer or employee of a corporate surety of such fiduciary. Dated: / —Q6 15 ' Maria S. Maurer IN RE: REBECCA M. MAURER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION an alleged incapacitated person : NO. CONSENT TO APPOINTMENT AS GUARDIAN 1. The names of the proposed co-guardians of the person of Rebecca M. Maurer are Maria S. Maurer, Randall C. Maurer and Jessica C. Maurer. 2. The name of the proposed co-guardians of the estate of Rebecca M. Maurer are Maria S. Maurer, Randall C. Maurer and Jessica C. Maurer. 3. The proposed co-guardians speak, read and write the English language. 4. The proposed co-guardians do not have an interest adverse to the alleged incapacitated person. 5. The proposed co-guardians are not a fiduciary, or officer or employee of a corporate fiduciary of an estate in which the alleged incapacitated person has an interest; and are not the surety, or officer or employee of a corporate surety o fiduciary. Dated: 1 ,,2 U Randall &AlaurV IN RE: REBECCA M. MAURER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION an alleged incapacitated person : NO. CONSENT TO APPOINTMENT AS GUARDIAN 1. The names of the proposed co-guardians of the person of Rebecca M. Maurer are Maria S. Maurer,Randall.C. Maurer and Jessica C. Maurer. 2. The name of the proposed co-guardians of the estate of Rebecca M.Maurer are Maria S. Maurer, Randall C. Maurer and Jessica C. Maurer. 3. The proposed co-guardians speak, read and write the English language. 4. The proposed co-guardians do.not:have an interest adverse to the alleged incapacitated person. 5. The proposed co-guardians are not a fiduciary, or officer or employee of a corporate fiduciary of an estate in which the alleged incapacitated person has an interest; and are not the surety, or officer or employee of a corporate surety of su fiducial Dated: - 0V ` 011-01L J ssica C. Maurer IN RE: REBECCA M. MAURER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA ORPHANS' COURT DIVISION NO. an incapacitated person STATEMENT OF RIGHTS UPON APPOINTMENT OF CO-GUARDIANS AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE OF THE COURT'S ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE EXCEPTIONS. IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR CAPACITY OR IF YOUR CO-GUARDIANS FAIL TO PERFORM THEIR DUTIES IN ACCORDANCE WITH THE COURT'S ORDER. IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU MAY BE PROVIDED AT NO COST TO YOU. Exhibit A