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Home My WebLink About11-27-06 (2) 11/06/2006 13:24 FAX JDS&W I4J 010/016 .. j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY :, NO. ORPHANS' COURT ESTATE OF MARK MOWER " PEnnON PURSUANT TO SECTION 5511 OF THE PROBATE. ESTATE. AND FiDuciARY CODE TO ADJUDICATE MARK MOWER TO BE INCAPACltAdD " 0 '~ AND TO APPOINT A GUARDIAN FOR HIS PERSON ~g . 5 .,,;~~o; .c::. ~~~hij I -:~~ - -",- (f) ~ CJ C)~ -0 C")Q''',l ~ 'J ~. t':'? TO THE HONORABLE, THE JUDGE~ OF SAID COURT: -~ ~ . ~ :0 -:om r.n8 Q:Q (.f') ,......, . :- ~ ':.;:!. 1:EG ~~ .- :!! :::~-,O ;-::;- r-n r-' (,/"} ~ The Petition 'of Holy Spirit Hospital respectfully represents that: , , 1. Your Petitioner, Holy Spirit Hospital, is an acute care hospital that induhs a Behavioral Health Unit that provides long-term and short-term PSychiatric services to in-patients. 2. Peter D. Mowe~ is an adult i~dividual residing at 514 Mark Drive, Eliz~htown, Lebanon County, Pennsylvania 17022. Peter D. Mower is also the brother Of the alleged incapacmled person, Mark Mower. 3. The alleged incapacitated person is Mark Mower, a divorced man, age 47,uwho last resided with his elder1y parents in Chambersburg, Pennsylvania. 4. Since June 12, 2006, he' has been a patient in the extended care u.it at Holy Spirit . , Hospital's Behavioral Health Center. Prior to said admission, he was admitted to the *ychiatric un,t at Chambers burg Hospital on May 15,' 2006 and discharged to Holy Spirit Hospital's extertied care unit on June 12, 2006. Subsequent to his admission to Holy Spirit Hospital, 'his father,llwho resided in . . Cl:\8mbersburg, Pennsylvania, passed away. His mother, Alice Mower, is 81 years old Elhd lives alone in Chambersburg, Pennsytvania. 5. The known relatives of the alleged incapacitated person are: 11/06/2006 13:24 FAX JDS&W I4J 011/016 A. Pet.r D. Mower, his brother, who resides at 514 Mart< Drive, Elizltbethtown, Pennsylvania. B. Alice Mower, his mother, who resides at 325 East Que~ Street, Chambersburg, PeMsylvania 17201. , . ; C. Marla Mower, his daughter, is 20 years of .age and is believed-to reside'in Norfolk, Virginia. D. Michael D. Mower, his brother, who resides at 263 Dill Avenue, IFrederick, Maryl~nd 21701. 6. Since his admission to the extended care unit (EAC) at Holy Spirit Ho~p~I's Behavioral Health Center, Mark Mower has been uncooperative, has refused both medical treatment ~nd mental health treatment, and will ,not take certain prescribed medicines, submit to certain diagnostic t~ing and at times has refused to communicate with physicians, nurses and staff who have been unable to acldress his medical and psychiatric r:'Ieeds. 7. Mark Mower has had many admissions to Chambersburg Hospital's pstchiatric unit. In addition to his recent admission on May 15, 2006, his last admission prior to that was fronM April 17 , 2006 to April 28, 2006. 8. Mark Mower's current diagnosis is: Axis t: Schizophrenia, chronic paranoid type Axis III: Traumatic brain injury by history, status post self-inflicted abdomilal stab wound. injuring left lobe of liver, self-reported weakness of upper extillemities, particUlarly the right side, self-reported neck and upper back pain, ~ate in coordination by history. Axis IV; Chronic mental illness, limited pSYChosocial support network, no. contact with his daughter who is approximately 20 years old. 9. On admission to the EAC unit, Mark Mowers height was 68 % inches, 129 ~unds, and ~ was reported th~ he had lost 71 pounds in the last year due, in part, to his refusal to eat .nd accept other nourishment. After 'repeated attempts, the patient has refused any medical diagnostic teeing for treatment for his physical problems. 11/06/2006 13:24 FAX JDS&W I4J 012/016 . . '} , - 10. Mark Mower is an incapacitated adult person who needs a ~urt appointel guardian for his person. 11. It is believed and therefore averred that Mark Mower does not have a Pow. of Attorney. ~i~ income at this time is undetermined but it is know that he is on Social Security disabiUty~nd has lived for some time with his elderly parents prior to his recent admissions. 12. A guardian is necessary to facilitate Mar1< Mower's needed medical care anditreatment. 13. Petitioner believes and therefore avers that Mark Mowers does not h,ave thl capacity to care , for his affairs of daily living and needs a guardian appointed to handle his person. 14. It is believed .that no other court has assumed jurisdiction in any proceeding. to determine the capacity of Mark Mower, except that the Franklin County Mental Health Hearing Officer .ntered a Section 304(c) Involuntary Commitment Order for'gO days beginning on June 12.2006. 15. Peter D. Mower, the alleged incapacitated person's brother. is willin. to accept the appointment of guardian of the person of Mark Mower. WHEREFORE, your Petitioner prays that a Citation be issued to Mark Mower to s~w cause why he should not be adjudged to be incapacitated and a plenary guardian for his person be appoltlted, and that the Court schedule a hearing on this Petition. JOHNSON, DUF'FIE, STEWART & ~~ER Date: November 1, 2006 . By: Oavi Attorn 1.0. #41687 Kelly L. Bonanno Attorney 1.0. #200811 301 Market Street P.O. Box 109 Lemoyne, PA' 17043-0109 Telephone (717) 761-4540 : Attomeys for Petitioner, Holy S~rit Hospital :285927 11/06/2006 13:24 FAX JDS&W _~O~1/2D06/WED 10:10 AM HOLY SPIRIT HOSPITAL FAX No. 717 763 2272 . 1aI 013/016 P.012/013 ~ 10fSi-ttOO8 l~iliJ PAJ: .....JDSP- IID.llLD.12 VERlFICA nON " Frank MiriID. c:Iinic* OperwIions COordIMtor, Holy Sp1rII H08PftaI, verify that the....m.nts made In the faregoIng PetItion lire true and correct to 1M best of my ~ inf~ and ~.' I ~ th8t .. 6bDmena herein .... made aubjeGt to 1M peneIIeI of 18 Pa.c.s.lsh04 hdllling to unawarn ~ to..uIhorttieS. . DIlled: //-I.-~C . ~~d-S : ~k MIIIIo, OperMiol. eoonIiI.tor oly SpkI Hospital' . . . ; , ' JERRY R. DUffIE RICHARD W. STEWART C. ROY WEIDNER. JR. EDMUND G. MYERS DAVID W DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN RALPH H. WRIGHT. JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL 1. CASSIDY MELISSA PEEL GREEVY ROBERT M. WALKER \VADE D. MANLEY EUZABETH D. SNOVER KELLY L. BO'JANNO OF COUNSEL HORACE A. JOHNSON LAW OFFICES JOHNSON DUFFIE F. LEE SHIPMAN (1965- 2006) \VPlTLP'S E',']\ll. November 21, 2006 The Honorable M.L. Ebert, Jr. Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Estate of Mark Mower Orphans' Court No. 21-06-0972 Dear Judge Ebert: This letter is to advise you that after making a good faith effort, we have been unable to locate Mark Mower's daughter, Maria Mower, to notify her of the November 27, 2007 hearing before you as requested in the November 8, 2006 Preliminary Order of Court. Please also be advised that Maria Mower has not had contact with her family for some time. In addition, a white pages search of the area where she was last known to reside produced no results. Very truly yours, FFIE, STEWART & WEIDNER ~ mhs:287226 c: Mark Bayley, Esquire 301 MARKET STREET PO. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWWJDSWCOM 717.761.4540 FAX: 717.761.3015 MAIL@JDSWCOM JOHNSON, DUFFIE, STEWART & WEIDNER, p.e. , l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT OF PENNSYLVANIA ORPHANS'S COURT DIVISION In Re: Mark Mower An alleged incapacitated person On the Petition of Holy Spirit Hospital No.: 21-06-0972 PRELIMINARY ORDER OF COURT AND NOW, this 8th day of November, 2006, upon consideration of the Petition to Adjudicate Mark Mower to be an Incapacitated Person, and on motion of David DeLuce, Esquire, Counsel for the Petitioner, IT IS ORDERED AND DIRECTED that a Citation be awarded, directed to MARK MOWER to show cause why he should not be adjudged an incapacitated person and plenary guardian of his estate and person be appointed. The time and place of hearing on the petition for appointment of guardian of the estate and person of the alleged incapacitated person is fixed for Monday, November 27,2007, at 8:45 a.m., in Courtroom No.5 of the Cumberland County Courthouse, Carlisle, Pennsylvania. The (20) days written notice requirement of the hearing has been waived by Mark Bayley, Esquire, court-appointed counsel for Mark Mower, the alleged incapacitated person. Counsel for the Petitioner shall serve him personally and serve his Court Appointed Counsel, Mark Bayley, Esquire with the Citation and this Order of Court and a copy of the foregoing petitton together with an explanation of the content and terms of the petition; and at least 10 days written notice of the petition and hearing shall also be given to the next of kin and to the following Parties of Interest: Peter A. Mower, his brother, 514 Mark Drive, Elizabethtown, PA; Alice Mower, his mother, 325 East Queen Street, Chambersburg, PA; . . ~ Maria Mower, his daughter, who is believed to reside in Norfolk, Virginia; and Michael D. Mower, his brother, 263 DiI1 Avenue, Frederick, Maryland either personally or by registered or certified mail. David DeLuce, Esquire Attomeys for Petitioner Mark Bayley, Esquire Court Appointed Counsel for Mark Mower bas By the Court, "'-l M. L. Ebert, Jr., J. 11/06/2006 13:25 FAX JDS&W RECEIPT FOR PAYMENT =================== GLENDA FARNER STRASBAUGH Cumberland County - Orphans Court One Courthouse Square Carlisle, PA 17013-33a7 Rece.:j.pt Date: Rece~pt Time: Receipt No.: MOWER' MARl{ File Number: Paid By Remarks: 2006-00972 JOHNSON ET AL JA Fee/Tax Description PETN ADJUD INCAP PETN ADJUD INCAP CITATION CITATION JCP FEE AUTOMATION FEE Check# 2376 Total Received......... laJ 015/016 1.1101/2006 15:~0:10 1031833 Receipt Distribution --------------~--------- Payment Amount Payee Name 15.00 CUMBERLAND COUNTY g" RAL FUN' 15. 00 CUMBERLAND COUNTY RAL FUN '20 . 00 . CUMBERLAND COUNTY G ERAL FUN 20 . 00 CUMBERLAND COUNTY G FUN 10.00 BUREAU OF RECEIPTS CNTR M.D 5 . 00 CUMBERLAND COUNTY G NERAL FUN ---------------- $85.00 $85.00 11/06/2006 13:24 FAX JDS&W laJ 014/016 RECEIPT FOR PAYMENT ========:========== ;, r: GLENDA FARNER STRASBAUGH Cumberland County - Orphans Court One Courthouse'Square Carlisle, PA 17a13-3387 Receipt Date: Receipt Time: Receipt No.: ~1/03/2006 l: 11: 34: 14 ~ 1031853 ,. MOWER MARK File Number: Paid By Remarks: 2006-00972 JOHNSON DUFFIE ET AL MW ,: Fee/Tax Description CERTIFIED COPI!S Check# 2377 Total Received...... ... Receipt Distribution --------------~--------- Payment Amount Payee Name 5 . 00 CUMBERLAND COUNTY GtNERAL 1?UN ---------------- $5.00 $5.00 ,. :. :j ~~ 11/06/2006 13:25 FAX JDS&W I f4I 016/016 , , - ,I Marjorie A. Wevodau First Deputy One Courthouse Square Carlislet PA l'it>13 Phone: (717) 24~6345 Fax:(717)2~1797 Glenda Farner Strubaugh Register of Wills & Olerk of Orphans' Court Kirk S. Sobonage, Esq. Solicitor OFFICES OF Register of Wills and Clerk of the Orphans' Court County of Cumberland . NOTICE Cwnberland County Orphans Court Local Rule Orphans' 3.2.-1 states that the pleading and practice'on petition and answer shall be in accordance with C.C.R.P. Note: See PEF Code ~761t 'and C.C.R.P. 206-1 to 209-2, inclusive. C.CoRP .Rule 206-6. Where notice of entry of any judgment, decree or order is r~quiItd under Pa. R.C.P. 236(a), the petitioner or moving party shall include in the proposed order, judgment or decree, the name of the persons andjor attorney who are required to be notified and shall provide duplicttte copies of the proPosed order and stamped envelopes addressed to the sail persons and/or attorneys.. Please note: This notification is not a substitute for servic~ of process as required by P.i:. RC.P. 400 et.seq. -.... I. t"\ 1\R 'h \V\~E. 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