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HomeMy WebLinkAbout07-04-06 Elizabeth A. Hoffman, Esquire 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 IN RE: NICOLE M. HLAVAC, An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS '~::~ CUMBERLAND COUNTY, PENNSYl-VANI~~: NO. ().1-D(;'~DlvDf ORPHANS' COURT DIVISION t '<-.'-~ -'"J PETITION FOR APPOINTMENT OF PLENARY GUARDIANSHIP OF PERSON AND ESTATE ,7 . J o AND NOW comes Rose Hlavac and Dana P. Hlavac ("Petitioners" or "Proposed Legal Guardians"), by and through their attorney, Elizabeth A. Hoffman, to request that this Honorable Court schedule a hearing to adjudicate Nicole Mari Hlavac ("Nicole") as an incapacitated person, and to appoint Petitioners as the plenary legal guardians of her person and estate, and in support thereof respectfully avers the following: 1. Petitioners are the natural parents of Nicole. 2. Nicole was born on June 28, 1988 and has resided at the Melmark home, 2600 Wayland Road, Berwyn, Pennsylvania 19312, since December 2005. 3. Petitioner Rose Hlavac, age 46 years, resides at 9 Oak Ridge Road, Carlisle, Pennsylvania 17013. 4. Petitioner Dana P. Hlavac, age 46 years, resides at 2015 North Yavapai Drive, Kingman, Arizona 86401. 5. The following persons are lineal relatives of Nicole: Petitioners, Matthew S. Hlavac, brother, age 20 years, who resides in a group home in Phoenix, Arizona; Kelsey Hlavac, sister, age 13 years, 9 Oak Ridge Road, Carlisle, Pennsylvania 17013; maternal grandparents, Mary Ann Panfil, 103 Fetrow Lane, New Cumberland, PA 17070 and Richard Swinnich, address unknown; paternal grandmother, Violet Hlavac, 128 Lorraine Circle, West [ Sayville, NY 11796. 6. Petitioners have a guardianship over the person and estate of Nicole's brother, Matthew S. Hlavac, as he has a disorder similar to Nicole's. 7. Nicole has no assets. 8. Petitioner Rose Hlavac is in the process of applying for SSI benefits for Nicole. 9. Nicole has a genetic or chronosomal disorder which has caused her intellect to be severely impaired; she is nonverbal and functions at the level of a small child. The disorder has also resulted in her having cerebral palsy, autism, and ADD. 10. Nicole's impairments have left her without the mental capacity to make decisions about her financial affairs and her health and physical well-being. 11. A less restrictive alternative to a plenary guardianship would be infeasible because of the severity of Nicole's intellectual impairment. 12. The proposed plenary guardians have no interests which would be adverse to Nicole's interests. 13. Petitioner's qualifications to serve as Nicole's plenary guardians include the fact that they both have college degrees, and Petitioner Rose Hlavac is employed as a Quality Assurance Manager at BVI in Harrisburg, Pennsylvania, while Petitioner Dana P. Hlavac is an attorney who practices in Arizona. 14. The consents of Petitioners to serve as plenary legal guardians are attached as Exhibit "A." 2 WHEREFORE Petitioners respectfully request that this Honorable Court issue a Citation directed to Nicole M. Hlavac, or the Melmark institution where she resides, and to such other persons as the Court deems necessary, to show cause why Nicole M. Hlavac should not be adjudged to be an incapacitated person and why plenary guardians of her person and estate should not be appointed. Respectfully submitted, Date: 7 L1 !Pb { ( 3 IN RE: NICOLE M. HLAVAC, An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ORPHANS' COURT DIVISION CONSENT TO APPOINTMENT AS PLENARY GUARDIANS 1. The names of the proposed plenary guardians are Rose Hlavac and Dana P. Hlavac. 2. The proposed guardian Rose Hlavac lives 9 Oak Ridge Road, Carlisle, Pennsylvania 17013, and her occupation is Quality Assurance Manager. 3. The proposed guardian Dana P. Hlavac lives at 2015 North Yavapai Drive, Kingman, Arizona 86401, and he is an attorney. 4. The proposed guardians speak, read and write in the English language. 5. The proposed guardians do not have an interest adverse to the alleged incapacitated person. 6. The proposed guardians are not fiduciaries, or officers or employees of a corporate fiduciary, of an estate in which the alleged incapacitated person has an interest; and are not the sureties or officers or employees of a corporate surety of such fiduciary. 7. The proposed guardians consent to act as guardians for Nicole M. Hlavac. Date:q~ :=161 :26lJ(, Date: ~A-~)'Pb ~ .)j~/WV~ ,-. -~ ~ P. Hlavac ExHIBIT Ii- VERIFICATION I verify that the information provided in the attached document is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. ~4904, relating to unsworn falsification to authorities. Date: ~ 136 /6~ I I ~ziPtW~ Rose Hlava -. - VERIFICATION I verify that the information provided in the attached document is true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. Date:L)~ ~6 (J ~ . . CERTIFICATE OF SERVICE I, Elizabeth A. Hoffman, Esquire, do hereby certify that a true and correct copy of the attached petition was sent by U.S. mail to the following person: Nicole M. Hlavac via Superintendent Melmark Home 2600 Wayland Road Berwyn, PA 19312 Date: Elizabeth A. Hoffman, Esquire 106 Walnut Street Harrisburg, PA 17101 (717) 236-2956 10 #71000