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HomeMy WebLinkAbout09-19-07 BETTY ... PETTY, an alleg_ incapacitated person . = IN THE COURT OF CO....ON PLEAS OF = CU"BERLAND COUNTY, PENNSYLVANIA : NO. 1-'-01- o~5L{ IN THE MATTER OF = GUARDIANSHIP-INCAPACITATED PERSON PETITION FOR ApPOINTMENT OF ~UARDIAIf NOW comes petitioner, Stephen E. Miller, by their attorney, Harold S. Irwin, III, Esquire, and presents this petition for appointment of guardian over Rose Marie Miller, an alleged incapacitated person, representing as follows: 1. Petitioners are CHARLES Y. PETTY, JR., an adult individual and son of the alleged incapacitated person, residing at 209 West north Street, Carlisle, PA 17013, and LISA M. CHRISTOPHER, an adult individual and daughter pf the alleged incapacitated person residing at 430 South Pitt Street, Carlisle, PA 17013. Petitioners' ~sent to !ijis -::::=0 -.. guardianship is attached at Exhibit "A". ..'!;g ~ . 5f6 -u ~ (- /; =:~I.::.:: \.0 2. The alleged incompetent is BETTY M. PETTY, born May 26, 1926 (~~~1 ~ years), whose permanent residence address is 136 "B" Street, Carlisle, P4)~013. ~ _;:":.::0. 0 U1 -) 3. The alleged incapacitated person became incapacitated and has been unable to handle her own affairs since at least 2005. 4. The alleged incapacitated person has five children who are her next-of-kin. Those individuals are Charlotte Brock, Charles Y. Petty, Jr. (one of the petitioners), Ernest L. Petty, Lisa M. Christopher (one of the petitioners), Judith A. Smallwood. 5. Petitioners have no knowledge of any other Court within this Commonwealth, which has appointed a guardian for the alleged incapacitated person. Cj 6. Prior to the onset of the alleged incapacity, the alleged incapacitated person had . no income except social security and pension funds from her late husband. 7. The alleged incapacitated person is incapable of handling her financial affairs for the reasons set forth in a competency affidavit, prepared by her treating physician, Darryl Guiswite, M.D., which statement is incorporated herein by reference and attached hereto as Exhibit "B". 8. Petitioners, having no interest adverse to the alleged incapacitated person, have agreed to act as guardian if this Honorable Court shall so appoint. 9. The alleged incapacitated person owns no assets in her own name except her home. WHEREFORE, petitioners respectfully request this Honorable Court issue a rule upon Betty M. Petty, the alleged incapacitated person, with notice thereof to be given to her next-of-kin, and to such other persons as this Court may direct, to show cause why she should not be adjudged an incapacitated person and petitioners be appointed guardian of her person and estate. September I g , 2007 HAROLD S. IRWI Attorney for Petiti VERIFICATION I, Charles Y. Petty, Jr. and I, Lisa M. Christopher, petitioners in this matter, do hereby depose and state that the facts contained in the foregoing petition are true and correct to the best of my knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. September 14.;--2007 September 14; 2007 IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : ADAMS COUNTY, PENNSYLVANIA : BETTY M. PETTY, an alleg_ incapacitated person : NO. . . : GUARDIANSHIP.INCAPACITATED PERSON CONSENT OF PROPOSED GUARDIANS I, Charles Y. Petty, Jr., hereby certify that I am the son of the alleged incapacitated person and that I am willing to act as guardian of her person, if the Court shall so appoint me. I, Lisa M. Christopher, hereby certify that I am the daughter of the alleged incapacitated person and that I am willing to act as guardian of her person, if the Court shall so appoint me. Further, we do hereby certify that we are not a fiduciary of any estate in which the alleged incapacitated person has an interest nor have I any interest adverse to the alleged incapacitated person. The facts and opinions contained herein are true and correct to the best of our knowledge information and belief. Sworn to and subscribed before me this /47L-dayof 7l ,2007. EXHIBIT MArl COMMONWEALTH OF PENNSY . NIA NOT ARlAL SEAL P hlie Haro\d S.lrwin Iii, Esq, Notary U Carlis\e, cum?crland CaU: 20\ 1 My commission ex Ires February , IN THE MATTER OF = IN THE COURT OF COMMON PLEAS OF = ADAMS COUNTY, PENNSYLVANIA . . BETTY M. PETTY, .n .11..... incapacitated person = NO. = GUARDIANSHIP-INCAPACITATED PERSON .COMPETENCY AFF'DAVlr I, DARRYL K. GUISTWITE, being duly sworn according to law, depose and say that I am a licensed physician in the Commonwealth of Pennsylvania. I have examined the alleged incapacitated person, Betty M. Petty, with care and diligence. Based upon said examination and observation, I am of the opinion that she is incompetent to manage her own affairs and that there is no expectation of her recovery within a reasonable medical certainty. In addition, it is my opinion that no useful purpose would be served by her appearance at a hearing to adjudicate her competency and, in fact, attendance at such a hearing could well be adverse to her well being. {)-o- Sworn to and subscribed before me this ~ day of September, 2007. COMMONWEALTH OF PENNSYL V A NOTARIAL SEAL Harold S. Irwin Iii, Esq, Notary Public Carlisle, Cumberland County My commission expires February 06, 2011 EXHIBIT ..