HomeMy WebLinkAbout10-08-80 (2)
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IN RE: JACOB H. MILLER SR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
/;).(
198 1<;'
AND NOW,
1t(6"()
, ~, upon consideration
of the annexed petition and after a hearing held following due notice, it is ordered
and decreed that:
1. Jacob H. Miller Sr. is adjudged an incompetent.
2. Commonwealth National Bank is appointed guardian of the estate of
Jacob H. Miller Sr.
3. Jeanette Vonhauser is appointed guardian of the person of Jacob H. Miller,Sr.
The guardian of the estate is directed to file an inventory in accordance
with the provisions of section 402 of the Incompetents' Estates Act of 1955, since
amended to 20 Pa. C.S. Section 5501.
I
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BY THE COURT,
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BOOK 1ll? ~"Gl' 4
II
IN RE: JACOB HENRY MILLER, SR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
1;;( I
7/J
19_
AND NOW, the
11-.
,6 - day of
1980, upon consideration of the
annexed petition, it is ordered and decreed that a citation issue, directed to Jacob H.
Miller Sr. to show cause why he should not be adjudged an incompetent and a guardian be
appointed of his estate and person; the time and place of hearing are
Room No. /
I Court House, Carlisle, pennsylvania, on
, the
fixed,for
#.
~ -day
Court
I
of I
dPPUIHLc~
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l'l Izl'4. 1980, at ;3 : c II
o'clock. f'l'll
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D.:>'-:1., 1::::.
~counsel to assist'. Ja............L l'It:::lU. y Millsr Sr_--
At least
A
days written notice of the hearing shall be given to Jacob Henry
Miller Sr., the alleged incompetent, by serving Hacob Henry Miller Sr. personally with
a citation and a copy of the foregoing petition and this order of court; and at least
~. days written notice of the petition and hearing shall also be given to the next
.of kin and other parties in interest named in the petition, either personally or by
registered or certified mail.
BY THE COURT,
__/~/1
J.
BOOK 107 ii-.Gt. ,("::4
11
IN RE: JACOB HENRY MILLER SR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. J.CJ. J
ORPHANS' COURT DIVISION
'/8
ORPHANS' 19!d3
PETITION FOR ADJUDICATION OF INCOMPETENCY
AND THE APPOINTMENT OF A GUARDIAN OF THE ESTATE AND PERSON
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of Joan Patterson, respectfully represents:
1. Petitioner Joan Patterson is an adult individual residing at 120 West Willow
Street, Carlisle, Cumberland County, Penna~ and serving as Administrator of the Church
of God Home, 801 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania.
2. Jacob Henry Miller Sr., the alleged incompetent herein, was born on September
20, 1892 and is presently 88 years of age.
3. The present residence of Jacob Henry Miller Sr. is the Church of God Horne,
Inc., 801 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania. Mr. Miller is
receiving nursing home care at the Church of God Home following treatment at Holy
i
Spirit Hospital from 6/2/80 to 7/24/80. Upon release from Holy Spirit he was returned tal
his home at R. D. #4, Glen Dale Drive, Mechanicsburg, PA 17055. On 8/4/80 Mr. Miller
was admitted to the Church of God Home by his former housekeeper Ms. Jennie Toland,
a/k/a Jennie Peters of R. D. #3, Duncannon, PA. Mr. Miller's admission was required
due to his deteriorating physical and mental conditions.
4. Jacob Henry Miller Sr. was never a member of the Armed Services nor is he
receiving any benefits fram the u.s. Veterans Administration.
5. The nature and extent of the alleged incompetent's estate is as follows:
a. Monthly Social Security benefit
$240.80
BOOK 107 fl,GE 718
II
b. Commonwealth National Bank checking account
4,500.00
c. Mechanicsburg First National Bank - bonds interest
income (account balance is unknown)
2,800.00 (yearly)
d. Proceeds under installment sale contract
re: real estate (balance due is unknown)
58,000.00 (yearly)
6. Jacob Henry Miller Sr. is unable to manage
his property and is liable to I
persons because of mental infirmitiesl
dissipate it; and to become the victim of designing
caused by age and illness.
7. Jacob H. Miller Sr. since the date of his admission to the Church of God Horne
has been disoriented as to time and place, combative and resistive to treatment. His
physical condition is complicated by poor circulation in his legs. Petitioner has been
advised by Mr. Miller's physician, Kenneth Guistwite, M.D., that possible hospitalization
including the possible amputation of Mr. Miller's left foot is indicated. Mr. Miller
also needs constant supervision to insure his safety and physical well being~
8. Jacob H. Miller Sr. due to his mental and physical infirmities, is unable
without the continued care and assistance of others, to properly care for his needs
or nourishment, personal or medical care, shelter and self-protection and safety.
9. Jacob H. Miller Sr. 's next of kin, who would be entitled to share in his
estate should he die intestate, are his sons:
a. Jacob H. Miller Jr., 49 Springers Lane, New Cumberland, PA
b. Harold A. Miller, R. D. #1, Landisburg, PA
10. The name and address of a proposed guardian of the estate is Commonwealth
National Bank, 1 N. Hanover Street, Carlisle, PA, a consent to serve as guardian is
attached hereto.
DO OK 107 fliCt (1.9
\I
11. The name and address of a porposed guardian of the person is Jeanette Van
Houser, 841 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, a consent
to serve as guardian is attached hereto.
12. Your Court had assumed jurisdiction in a proceeding to adjudicate the
incompetency of Jacob H. Miller Sr., which action was docketed to No. 121 Orphans' 1978.
A true and correct copy of the Petition, Citation and Order is attached hereto.
13. The alleged incompetent has no guardian heretofore appointed but has executed
a power of attorney to Ms. Jennie Toland a/kja Ms. Jennie Peters, R. D. #3, Duncannon,
Pennsylvania.
WHEREFORE, your Petitioner prays that a citation be issued directed to Jacob Henry
'Miller Sr., the alleged incompetent, to show cause why he should not be adjudged an
incompetent and a guardian appointed for his estate and for his person.
Respectfully submitted,
FISHMAN & HESS (\\
BY '~~i~\:~(:~t~
Steven J. Fishman
Attorney for Petitioner
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{o n Patterson, Petitioner
BOOK 107 pm '('<;0
\I
COMMONWEALTH OF PENNSYLVANIA:
:55.
COUNTY OF CUMBERLAND
Joan Patterson, being duly sworn according to law, deposes and states that the
facts set forth in the foregoing Petition are true and correct to the best of her
knowledge, information and belief.
.'t-.':I
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!,:.ji;;;;;"rl':t<;il~ij(j.. subscribed before me
, '7;\ \ t'" . "i,"rJ_ '.~
'T~l~f~'SJt.'~~:"N l?!(,t{Lde~ , 1980
,d; ~;Ar) ;...~!~i p. c/"')'Z 07.'C. /'
'- 1 , . 1/0;.,a.,,,i6"t'4' ..a d-. c~'_ /j
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"'~~ r,1 ;iC:~~~AC~;~~~~~f1~~;~:~6 ~~~l~~y
'. ',MY<:t;'''./:\j!,;::i',";;".1 r'(i-!r;f<~ UEe 31. 1983
Mcmb"r, h.;i"~:J~'/;'f1:j Assx:Jtwn of Nciarres
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....._~~'.....~~'J.v'
J0' Patterson
BOOK 107 ilM '1,,1
II
IN RE: JACOB H. MILLER, SR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
1:;'/
19. 7?
ACCEPTANCE OF PROPOSED GUARDIAN
Jeanette Vonhauser, the Guardian proposed in the attached Petition for the
appointment of a guardian of the person of Jacob H. Miller, Sr., an alleged
incompetent, agrees to accept the appointment and avers that
1. Her residence is 841 Hummel Ave. Lemoyne, Cumberland County, Pennsylvania.
2. The proposed guardian has no interest adverse to Jacob H. Miller, Sr.
2,,~uh'/ '( '/"'hnJ/Do,'-'
anette Vonhauser
BOOK 107 11M. '( ,,2
II
IN RE: JACOB H. MILLER SR.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
I;J. /
19_ 7[1'
ACCEPTANCE OF PROPOSED GUARDIAN
Commonwealth National Bank, the guardian proposed in the attached Petition for
the appointment of a guardian of the estate of Jacob Henry Miller Sr., an alleged
incompetent, agrees to accept the appointment and avers that:
1. The office of Commonwealth National Bank is located at 1 North Hanover Street,
Carlisle, Pennsylvania.
2. The proposed guardian has no interest adverse to Jacob H. Miller Sr.
mUST OFFICER
DOOK 107 ii,Gl: ,,0;;3
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