The URL can be used to link to this page

Home My WebLink About02-24-06 IN RE: PATRICIA A. EICHELBERGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION an incapacitated person NO. ,g"J 0 1&- 0 ill CONSENT TO APPOINTMENT AS GUARDIAN 1. The name of the proposed guardian of the person of Patricia A. Eichelberger is Robert D. Eichelberger. 2 . The name of the proposed guardian of the estate of Patricia A. Eichelberger is Robert D. Eichelberger. 3. The proposed guardian speaks, reads and writes the English language. 4. The proposed guardian is retired. 5. The proposed guardian does not have an interest adverse to the alleged incapacitated person. 6. The proposed guardian is not a fiduciary, or officer or employee of a corporate fiduciary of an estate in which the alleged incapacitated person has an interest; and is not the surety, or officer or employee of a corporate surety of such fiduciary. Dated: February (6, 2006 /7v~ - R6bert D. l -, erger .~.. .", .; ." -~ '.; . . /) 'c'C\~ IN RE: PATRICIA A. EICHELBERGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION an incapacitated person NO. l\-()\-f-OlTl On the Petition of Robert D. Eichelberger PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND ESTATE OF AN ALLEGED INCAPACITATED PERSON TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT: NOW COMES, Petitioner, Robert D. Eichelberger, by and through his attorneys, Jennifer B. Hipp, Esquire, and James D. Bogar, Esquire, and files the within Petition for Appointment of Guardian of the Person and Estate of an Alleged Incapacitated Person, and in support thereof, avers as follows: 1. Patricia A. Eichelberger, the alleged incapacitated person, currently resides at the Church of God Home, 801 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. She is forty-seven (47) years old, her date of birth being September 28, 1958. 2. Patricia A. Eichelberger is a single individual, never having been married. 3. Patricia A. Eichelberger is not a patient in a mental hospital. 4. The Petitioner is Robert D. Eichelberger, of 182 Chain Saw Road, Dillsburg, Pennsylvania 17019, and he is the brotn.~:r:~of , Patricia A. Eichelberger. Patricia A. Eichelberger has no children. r. . , ;.1 .: , .' -~,:,; ') I",_~ 5. The names and addresses of those persons who would be the intestate heirs (or next of kin) of Patricia A. Eichelberger are as follows: Evelyn G. Eichelberger (mother), of the Church of God Horne, 801 N. Hanover Street, Carlisle, Pennsylvania 17013; Deanna E. Miller (sister), of 3037 Appledale Road, Audobon, Pennsylvania 19401; Charles H. Eichelberger (brother), of 140 State Road, Mechanicsburg, Pennsylvania 17050; Robert D. Eichelberger (brother), of 182 Chain Saw Road, Dillsburg, Pennsylvania 17019; Susan Cournoyer (sister), of 2634 Quincy Adams Drive, Herndon, Virginia 20171; Gary L. Eichelberger (brother), of 606 S. Arch Street, Mechanicsburg, Pennsylvania 17055; and David M. Eichelberger (brother), of 455 Lake Meade Drive, East Berlin, Pennsylvania 17316. 6. The names and addressees of the person or institutions providing residential services to Patricia A. Eichelberger are as follows: Church of God Horne, 801 North Hanover Street, Carlisle, Pennsylvania 17013. 7. The names and addresses of other service providers are as follows: None. 8. Her primary physician is: Dr. Darryl K. Guistwite, D.O. Guistwite Family Practice 522 S. Pitt Street Carlisle, PA 17013 9. Patricia A. Eichelberger is not, nor has she ever been, a member of the Armed Services of the United States and is not 2 receiving benefits from the United States Veterans Administration. 10. The Petitioner asks that he, Robert D. Eichelberger, be appointed as Guardian of the person and estate of Patricia A. Eichelberger. The proposed guardian is the brother of Patricia A. Eichelberger. 11. The proposed guardian has no interests which are adverse to the interests of Patricia A. Eichelberger. 12. Petitioner believes, and therefore avers, that no Court has ever assumed jurisdiction in a proceeding to determine whether Patricia A. Eichelberger is incapacitated. 13. Petitioner believes, and therefore avers, that Patricia A. Eichelberger has not previously had a guardian appointed, nor is a guardianship hearing pending in any other jurisdiction. 14. The reasons why this guardianship is being sought are as follows: Patricia A. Eichelberger is not able to manage her financial affairs or to make decisions regarding her health care/medical decisions, due to Down's Syndrome. 15. The functional limitations and physical mental condition of Patricia A. Eichelberger are: Patricia A. Eichelberger is not able to manage her financial affairs, nor is she able to make competent decisions as far as her welfare is concerned. Patricia A. Eichelberger is not able to communicate 3 very well, nor is she able to perform any of her activities of daily living without total assistance. 16. The following steps have been taken, in order to find a less restrictive alternative to the appointment of a guardian: Patricia A. Eichelberger is not competent to execute a Power of Attorney. Patricia A. Eichelberger's mother, Evelyn G. Eichelberger, has been assuming care for Patricia A. Eichelberger, but given her age, 83, this is becoming an increasingly difficult responsibility for her. No less restrictive alternatives are available to adequately provide for the physical and financial care of Patricia A. Eichelberger. 17. The Petitioner requests that the guardian be granted powers to act for Patricia A. Eichelberger 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. 18. The proposed guardian has the following qualifications: The proposed guardian is the brother of Patricia A. Eichelberger. The proposed guardian loves and cares for his sister. 19. The gross value of the Estate of Patricia A. Eichelberger is approximately Ninety-Seven Thousand Dollars ($97,000.00) . Patricia A. Eichelberger's net income from all 4 sources totals approximately Eight Hundred Eighty-One Dollars ($881.00) per month. Petitioner respectfully requests that the Court, under Section 5511 of the Probate, Estates and Fiduciaries Code, issue a Citation to Patricia A. Eichelberger, Patricia A. Eichelberger's next of kin, Church of God Horne, and to such other persons as the Court directs, to show cause why Patricia A. Eichelberger should not be adjudged to be an incapacitated person and plenary guardian of her person and estate be appointed. Respectfully submitted, LAW OFFICES OF JAMES D. BOGAR Date: ~ l ). '"\ to f.c, ~~~iPP' Esquire Pa. 1.0. No. 86556 One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Date: ~l)4(O' Ja Pa. One West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorneys for Petitioner 5 COMMONWEALTH OF PENNSYLVANIA: S8. COUNTY OF CUMBERLAND ,- On this, the ;,f tI- day of J-/~ ' 2006, before Notary Public, personally appeared ROBE~D. EICHELBERGER, me, a 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. /}, d I t~cd'{ !/~ttro~ Notary Publlc ' My Commission Expires: NOTARIAL SEAL s~~~i~~~rci:~~~~o~,OJn~YB~~~WD CO MMISSION EXPIRES NOV. 13, 2007 . 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. Date: February 16, 2006 ~ R06er; D. 'he ger JAMES D. BOGAR ATTORNEY AT LAW ONE WEST MAIN STREET SHIREMANSTOWN , PENNSYLVANIA 1701 I e-mail mail@bogarlaw.com TELEPHONE (717) 737-8761 FACSIMILE (717) 737-2086 JAMES D. BOGAR JENNIFER B. HIPP' .Also admitted to New Jersey Bar Direct e-mail jhipp@bogarlaw.com February 27, 2006 VIA E-MAIL (cmyers@ccpa.net) and FIRST CLASS MAIL Colleen Myers Cumberland County Register of Wills One Courthouse Square Carlisle, PA 17013 RE: In re: patricia A. Eichelberger - Petition of Robert D. Eichelberger for Appointment of Guardian of the Person and Estate of an Alleged Incapacitated Person Dear Ms. Myers: We are forwarding an Order of Court for scheduling a hearing and a final Decree and Order of Court, both relative to the above- captioned matter. We filed the Petition of Robert D. Eichelberger for Appointment of Guardian of the Person and Estate of an Alleged Incapacitated Person with your office on Friday, February 24, 2006. We also filed our check made payable to the Register of Wills in the amount of $50.00. Mr. Eichelberger is seeking to become appointed as the guardian of the person and estate of his sister, Patricia A. Eichelberger. We are also forwarding these documents to you via first class mail and enclosing two (2) addressed and stamped envelopes for your convenience. We understand that the Register of Wills will issue a citation, which we will, in turn, personally serve upon Patricia A. Eichelberger and by certified mail on all other parties of interest. Again, thank you for your assistance in this matter. Please contact us if we can provide you with additional information. vJtafery truly yours, \rr JE IFER B. HIPP Enclosures