The URL can be used to link to this page

Home My WebLink About01-30-15 ,�� C v'� �7 � -.�.. � L� r..E"� C� i:;...�.� `f:t _^:� � C,7 r: "'v� r°,') :�J _� i r...y IN RE: Jo Ann Seker : IN THE COURT OF COMMOhI,PLEA� ' tr; An Alleged Incapacitated Person : CUMBERLAND COUNTY, PENNSYLVANiq ,:-w, DOB: 6/20/31 : ' �' � -'' �� -=� ��r : NO. 21 - 14 - 0681 ' - � �� s � � r°n a.... ' � un <"� : ORPHANS' COURT DIVISION � `�1 MOTION TO RESCHEDULE HEARING AND NOW, comes the Petitioner, Gregory W. Seker, by and through his Attorney, Jane Adams, Esquire, and files this Motion pursuant to Title 20 Pa.C.S.A. §5511 and in support thereof avers the following: 1. The Alleged Incapacitated Person is Jo Ann Seker. She was born on June 20, 1931 and is eighty-three (83) years old. She is living in an assisted living facility in the memory care unit. It is believed that Jo Ann Seker has a diagnosis of dementia. 2. Petitioner is Gregory W. Seker, (Hereinafter "Petitioner"); he is the son of the Alleged Incapacitated Person, Jo Ann Seker. His address is 34090 Beech Drive, Lewes, Delware, 19958. 3. On July 22, 2014, Petitioner filed a petition to adjudicate an incapacitated person and to appoint a plenary guardian of her person and estate. Petitioner is asking to be appointed guardian. 4. After the petition was filed, it was disclosed that the alleged incapacitated person, Jo Ann Seker, had executed a Power of Attorney, appointing Susan Staub as her Agent, on June 19, 2001. However, for reasons contained herein, Petitioner believes Susan Staub is incapable of fulfilling her duties as an agent, and that he should be appointed guardian. 4. On November 19, 2014, a hearing was scheduled regarding the above- captioned matter. A citation and order were issued, which were properly served. 5. Although Susan Staub, the alleged incapacitated person's Agent was properly served notice the alleged incapacitated person was not brought to court. � ��\ 6. On November 19, 2014, after a conference with counsel in chambers, this Honorable Court issued an Order, attached hereto as Exhibit A, directing that the parties would share information about Jo Ann Seker. 7. In December 2014, Petitioner's attorney sent interrogatories to Thomas Weber, attorney for Susan Staub, inquiring as to information regarding her medical provider, doctor, and other health information. 8. As of this date, no response was received to the interrogatories. 9. On or about January 5, 2015, Petitioner went to visit his Mother, Jo Ann Seker, the alleged incapacitated person. She had a severe black eye. A picture of her on that day is attached as Exhibit B. 10. Petitioner inquired as to the nature and cause of the incident, but the facility would not provide any information. Petitioner was seriously concerned she might have a concussion and believes her safety is at risk in her current living situation. 11. As of January 12, 2015, Petitioner still had not received any information about the nature, cause, or further treatment of his mother's head injury. He has no evidence that Susan Staub, the Power of Attorney has taken any steps to address this issue. 12. Petitioner does not believe that Susan Staub is suited to take care of the alleged incapacitated person's best interests because: (a) Susan Staub is in very poor health. She is not able to walk without assistance and cannot visit the alleged incapacitated person or do the types of things that she would need to do to manage Jo Ann Seker's affairs. (b)Petitioner does not believe that Susan Staub has addressed the most recent incident with facility staff which caused serious injury to Jo Ann Seker. (c) During the time the alleged incapacitated person lived at home, Petitioner observed recent various physical improvements to her home, however, said improvements appeared to be related to re-opening the pool and to accommodate the other residents in the home. In the meantime, it appeared to Petitioner that basic medical needs, such as hearing aids, were not provided by the Agent. (f)During the time the alleged incapacitated person was living at home, Petitioner personally observed things which caused him concern about Jo Ann Seker's health, safety, and well being, including bruising on her shins, cuts on backs of her hands, loss of personal hygiene, and her increasing loss of short term memory and capacity to make decisions. Said situation has not improved or been addressed by the Agent now that the incapacitated person is in assisted living. 13. Petitioner is seeking a plenary guardianship of Jo Ann Seker because he believes that she is no longer able to make informed decisions regarding her medical or financial affairs, and he believes that the Agent, Susan Staub is also not able to physically and adequately represent her best interests. 14. Petitioner is Jo Ann Seker's son. He has no adverse interests to the Alleged Incapacitated Person. He is fifty-six (56) years old and is in good health. He is well suited to be her plenary guardian and his other siblings are in support of this request. 15. Petitioner would protect Jo Ann Seker from unscrupulous or designing persons that may take advantage of her and is mentally and physically able to handle her affairs and actively advocate for her health care needs. 16. Petitioner requests to be appointed plenary guardian, and pursuant thereto, requests the following: (a) A court order rescheduling the hearing which was set in this matter, for the earliest possible date, due to the danger to the alleged incapacitated person of further serious harm. (b)A court order directing Susan Staub, as Agent to ensure that Jo Ann Seker will be present at the hearing, or to provide answers to any interrogatories that Petitioner forwards, which would indicate why it would not be safe for her to attend the hearing, so that the hearing can proceed without her present. (c)A court order which would direct the Agent to provide relevant information, as requested in the Interrogatories, regarding Jo Ann Seker's medical providers, care, treatment, and diagnosis. 17. Petitioner has contacted the other counsel in this case and they do not agree to the relief requested. 18. This matter is assigned to Judge Placey. WHEREFORE, in order to prevent irreparable harm to the estate and health of the alleged incapacitated person, Petitioner respectfully requests this Honorable Court schedule a hearing on this matter as soon as possible. Respectfully submitted: Date: 1 �� `� J e Adams, Esquire I . No. 79465 West South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER IN RE : JO ANN SEKER . IN THE COURT OF COMMON PLEAS OF An Alleged Incapacitated . CUMBERLAND COUNTY, PENNSYLVANIA Person . THE NINTH JUDICIAL DISTRICT . ORPHANS ' COURT DIVISION . N0. 21-14-0681 IN RE: HEARING CONTINUED ORDER OF COURT AND NOW, this 19th day of November, 2014 , the hearing scheduled on the Petition for Guardianship having been reviewed, and the alleged incapacitated person not being present in court, the matter is not ripe for resolution. Therefore, the Court sua sponte continues the hearing to the call of any party upon developing the necessary record for a guardianship hearing. In the interim time it is requested of all persons present moving forward that they share information about Jo Ann Seker and move forward with her best interests in mind given her current capacities . By the Co Thomas A. Placey C. P.J. �a e Adams, Esquire 17 West South Street Carlisle, PA 17013 `_> �.,� c� '-� _"� rn Andrew Sheely, Esquire c: o �-= � � _-� ._ 127 S . Market Street ;''; _:i� ^.� c > `�-� P .O. Box 9 5 : r._ r�� " i�i Mechanicsburg, PA 17050 � ' cF� -� � % . � Thomas Weber, Esquire = � ' �� r� `_" 4250 Crums Mill Road = � � = _=� Suite 6991 ATAtlE COPY FR��A RECORD �- . � ` !�`�' Harrisburg, PA 17112 �r.,��rgf,1 h�reunio � �� `'�' �i NI tt'�ji tllufii lttfld tft�8'�8li :ma e k ��{+�DI�!�It�bi,9�,i�k 4 �I ( �� - �� :�ri� 'e�� ,h�<<.�� ', '`it r n,li' €T � � .;�, ��,�, �� - �.� 5 �f� �, ��,��«� `# � �„ "4f`� ; �Y �L;� ' � ��- G ��I �� a � � _�.� � +� : �� '� � � ��. ��' �� ° � �. � ��, � � � �„ �� ; � � ry �� -x: � � *sx` -�`%;" � �. �t� a, �. Gy . �,,, ;�*'•^ �°" � �'�o-by?" .�53�. It N�m I ��'{i ;�' b�� ,-,/,�� sl �� -�� F a�". x�. " �� I'� � � �,F �4 ';�. ��bb..�,� �.. '('. _ . ;g� . S=�e:& .,�b /.g� �y! fIl �x � i'li a�� E I � : � � g �' '"� 1 a x� �:'� �., ��i . ;�� ,� � - �.'�� '��I >-s•d � �.s .� � v: . . a� , �'� ='r �� ': ,,y , -,'.^.sz. ,�� , �, �'p� v i � � �� Pti� �� n � ,.�. � � y ��' � ' " � ; P .,tl ��... �,, , , , ; .�,., - �'" . „< w ir � � � �� . �.� , � ��.` ::,�� {t ^'n„d � ��.� � . �'of.' "'2' �L .. . .,. � ...r� �. . ,s "; � � . V' m,.�.: . . .. . �'� � �� e .. . �l . � �� „>'1.,. y1;i,. . . �`*�.� � �`s"�� ' �. y �f�y^ {. �� S. � �'« y �` ,.�. � � . .X� �Y '�' ��,e., .y,.,, � '�S �� i.. 6 . . . ,;� � � � . Z�� i d. � � �� _ �� . � „�; � .�"".. b� ~ s �` . � �+ �� s �r' .�r . . . ��„�"A7t€��'�`f '�a'�N t . .c�: �"x`F`��%� f � C �� ' . . . � ��' �.� . ��r''s��r%;. ��.��^� ,; s �,' � � vs "��'`� �� .�' S� r ° � ��r�, �r � ��r *� . � ��a.,� � �� i . . . � :�� t �� . s �� s �� I � ,� �'�' � a R 3 . . . �h il�,Ka � . . . . � . � .. �� ,.. .. . s. .. 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 unswom falsification to authorities. ( Date: ��a 7 � � Grega ke etitioner , IN RE: Jo Ann Seker : IN THE COURT OF COMMON PLEAS An Alleged Incapacitated Person : CUMBERLAND COUNTY, PENNSYLVANIA DOB: 6/20/31 � : NO. 21 - 14 - 0681 : ORPHANS' COURT DIVISION CERTIFICATE OF SERVICE AND NOW, this Janua � , 2015, I, Jane Adams, Esquire, hereby certify a copy of this MOTION is being sent to the following parties contemporaneously with filing, at the following addresses, by place such in the custody of the U.S. postal service, first class mail, postage pre-paid. Andrew Sheely, Esquire 127 S. Market St. P.O. Box 95 Mechanicsburg Pa. 17050 Attorney for Jo Ann Seker Thomas Weber, Esquire 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, Pa 17112 Attorney for Susan Straub Gretchen S. Wisehart, Esquire, Chief Counsel Pennysylvania Dept. of Revenue 10th Floor, Strawberry Square - Harrisburg, Pa. 17120 Attorney for Commonwealth spectfully Su itted: Ja Adams, squi I. . 0. 79465 1 , . South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER GREGORY W. SEKER