HomeMy WebLinkAbout06-01-07
IN RE: ROBERT C. LAUGHMAN,
An Alleged Incapacitated Person
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: 5YO
: CIVIL DOCKET No.~I- Dl-~
: ORPHANS' COURT DIVI~lON
PETITION TO ADJUDICATE AN INCAPACITATED PERSON AND TO APPOINT A
PLENARY GUARDIAN OF HIS PERSON AND ESTATE
AND NOW, comes the petitioner, T.J. Cover, by and through Jane Adams, Esquire, and
files this Petition pursuant to Title 20 Pa.C.S.A. g5511 and in support thereof avers the
following:
1. The Alleged Incapacitated Person is Robert C. Laughman, (hereinafter "Mr.
Laughman").
2. Mr. Laughman currently resides at 255 Walnut Dale Road, Shippensburg,
Cumberland County, Pennsylvania, 17257. He is eighty-one (81) years old.
3. Mr. Laughman was predeceased by his wife, Bertie L. Laughman, May 21,2005.
4. As far as the Petitioner has been able to ascertain, the persons who are heirs under the
intestacy statute in Pennsylvania are:
T.J. Cover, (daughter, petitioner), 4987 Guitner Road, Chambersburg,
Pennsylvania, 17201.
Donna Laughman, (daughter), 82 Federal St., Chambersburg, Pa. 17201.
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Sarah Laughman, (daughter), Shippensburg, Health Center, Walnu~~om R5aa,
Shippensburg, Pa. 17257. ; j~ C) ?
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Barbara Swartz, (daughter), 10 Run Road, Carlisle, Pa. 17013. /'.
Charles Laughman, (son), 20 West Orange St., Shippensburg, Pa.17~7.
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Kathryn E. Hartman, (daughter), 2768 Keller Road, St. Thomas, Pa., 17252. w
Harry Laughman, (son), P.O. Box 413, New Kingston, Pa., 17072.
Matthew Laughman, (son) 21 Symac Lane, Shippensburg, Pa., 17257.
Each of the above will be notified of these proceedings.
5. Petitioner is T.J. Cover, of 4987 Guitner Road, Chambersburg, Pennsylvania, 17201.
Petitioner is the daughter of Mr. Laughman.
6. Petitioner has no interest adverse to the alleged incapacitated person, Mr. Laughman.
7. Petitioner is Mr. Laughman's daughter and she is legally qualified and suitable to be
the Guardian of the Person and Estate of Mr. Laughman.
8. Guardianship is sought to protect Mr. Laughman's health and property.
9. Mr. Laughman has been diagnosed with Diabetes and Dementia.
10. There is presently a Power of Attorney in place; however, it is believed that Mr.
Laughman may not have had the mental capacity to consent to a Power of Attorney; Petitioner is
concerned that Mr. Laughman may attempt to revoke the current Power of Attorney and appoint
an unscrupulous or designing person that may attempt to take advantage of Mr. Laughman.
11. An appointment of a guardian is the only remaining option to protect Mr.
Laughman's health and property.
12. Mr. Laughman is unable to make informed decisions regarding healthcare including
decisions regarding medical procedures and prescription medications; therefore an appointment
of a plenary guardian over his person is required.
13. The guardianship is sought to protect Mr. Laughman from unscrupulous or designing
persons that may take advantage of Mr. Laughman.
14. Mr. Laughman is unable to handle his financial affairs; therefore an appointment ofa
plenary guardian over his estate is requested.
15. Petitioner is unable to access all of Mr. Laughman's personal accounts or
information, which is needed to manage Mr. Laughman's income flow and property.
16. It is believed and averred that damage or loss of Mr. Laughman's property may occur
if a guardian is not appointed to handle his financial affairs.
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17. Insofar as Petitioner can ascertain, Mr. Laughman's assets and income consist ofthe
following:
A. A checking account with M& T Bank, personal vehicle, furniture and personal
posseSSIOns.
B. A home and adjacent parcel containing approximately 8 acres located at 255
Walnut Dale Road, South Hampton Township, Shippensburg, Cumberland
County, Pennsylvania, 17257.
C. Mr. Laughmans' income in the form of Social Security Benefits.
WHEREFORE, in order to prevent irreparable harm to the estate and health of the alleged
incapacitated person, Petitioner respectfully requests this Honorable Court appoint her to be the
plenary guardian of the estate and person for Robert C. Laughman.
Respectfully submitted:
Date: C · I . 7
e Adams, Esquire
.D. No. 79465
64 S. Pitt Street
Carlisle, Pa. 17013
(717) 245-8508
ATTORNEY FOR PETITIONER
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 unsworn
falsification to authorities.
Date: ~ - J - "{)1
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T. J. Cover, Petitioner