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Home My WebLink About10-16-07 o IN RE: APPOINTMENT OF PLEAS PLENARY GUARDIANS FOR LONIE RAY WITMER :IN THE COURT OF COMMON :CUMBERLAND COUNTY, :PENNSYL VANIA :ORPHAN'S COURT DIVISION :NO. d I - 07 - oq 3 7 ( () ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE r-...,) c. TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioners are the parents of Lonie Ray Witmer (the "alleged incapacitated person"). 2. The alleged incapacitated person was born on December 27, 1955, is 51 years of age, single, and resides at Cumberland Vista, a behavioral care home. Cumberland Vista is a residential facility located in Cumberland County, Pennsylvania. Lonie Ray Witmer has been residing at the residential facility since September 2006. Prior to his placement in the facility, he resided with the Petitioners in Franklin County, Pennsylvania. 3. The Following persons are to the best of Petitioner's knowledge, information and belief the only living next-of-kin of the alleged incapacitated person: Clarence Victor Witmer, father, 364 Nova Drive, Greencastle, P A 17225 Betty Jane Witmer, mother, 364 Nova Drive, Greencast1e, P A 17225 Siblings: Sylvia A. Clement 237 South Washington Street, Greencastle, PA 17225 Christine M. Henry 13902 Sunrise Drive, Hagerstown, MD 21740 Marjorie S. Lehman 2751 Marietta Avenue, Lancaster, PA 17601 Vicki J. Crider 2065 Frank Road, Chambersburg, PA 17201 4. The name and address of the institution providing residential services and medical services are: Cumberland Vista, 1073 York Road, Dillsburg, PA 17019; and Med at Home, 2405 Park Drive, Suite 200, Harrisburg, P A 17110 WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 ~ 5. To the extent known by Petitioners, the alleged incapacitated person does not have any assets of value. 6. Petitioner estimates the alleged incapacitated person's monthly income is through Social Security and Supplement Security income (SSI) which total approximately $1082.30. 7. The alleged incapacitated person was not a member of the armed services of the United States and is not receiving benefits from the United States Veterans' Administration. 8. The alleged incapacitated person suffers from brain damage resulting in reduced mental functioning. 9. Because of his mental and physical condition, the alleged incapacitated person is totally unable to managed his financial affairs, property and business and to make and communicate responsible decisions relating thereto, including the ability to communicate his need for assistance in these areas: a. All areas concerning financial matters, property matter and business. The alleged incapacitated person is unable to read or write. 10. Because of his impaired mental and physical condition, the alleged incapacitated person lacks the capacity to make or communicate responsible decisions concerning his person and is unable to: a. Properly care for himself without assistance with personal hygiene such as bathing, bathroom needs, personal grooming. 11. No alternatives to the appointment of a guardian of the estate have been considered. 12. The severity of the alleged incapacitated person's mental and physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of his estate be appointed to manage and handle all aspects of the alleged incapacitated person's estate, specifically induding, but not limited to: all issues relating to his cash, checks and any bank or saving accounts held in his name, his stocks and bonds, his personal property, his real estate, his life or other insurance of which he is the beneficiary, his entitlement of any governmental and nongovernmental benefit plans, federal, state, and local taxes, claims made or to be made on his behalf of him or against him, the execution of documents, entry into contracts affecting him and the payment of reasonable compensation or costs to provide services for him. WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURC3, PA 17257-1397 13. Less restrictive alternatives to the appointment of a guardian of the person are ineffective because he has the mental capacity of a two-three year old child. 14. The severity of the alleged incapacitated person's mental and physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of his person be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: his living arrangements, his medical and psychiatric care, the administration of medication to him, and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for his physical and mental treatment and care. 15. Petitioner are not aware that the alleged incapacitated person signed any power of attorney or advance health care directives or in any other way designated anyone to serve as his agent over any of his personal or financial affairs or as his surrogate over his medical care, or that he designated in writing his wishes with regard to health care, including the use or refusal of life-sustaining treatment. 16. the proposed plenary guardian of the alleged incapacitated person is Clarence Victor Witmer, father of the alleged incapacitate person who resides at 364 Nova Drive, Greencastle, Antrim Township, Franklin County, Pennsylvania. 17. The above-referenced proposed plenary guardian of the person is 72 years old and is retired. 18. The proposed plenary guardian of the alleged incapacitated person is Betty Jane Witmer, mother of the alleged incapacitated person who resides at 364 Nova Drive, Greencastle, Antrim Township, Franklin County, Pennsylvania. 19. The above-referenced proposed plenary guardian of the person is 70 years old and is retired. 20. The proposed plenary guardians have no interest adverse to the alleged incapacitated person. 21. The consents of the proposed plenary guardians are attached as Exhibit "A". 22. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURC" PA 17257-1397 WHEREFORE, the Petitioners respectfully request that this Court award a citation directed to Lonie Ray Witmer, the incapacitated person, and to such other persons as this Court may direct, to show cause why Lome Ray Witmer should not be adjudged a fully incapacitated person, and Clarence Victor Witmer and Betty Jane Witmer appointed plenary guardians of his person and plenary guardians of his estate. Dated: 10 Ie; / 07 ~ t!~ ft~ CLARENCE VICTOR WITMER Petitioner Dated: /O/9/d7 ~. ~ -1Y~~ BET JAf,tE WITMER Petitioner WEIGLE & ASSOCIATES, P.C. eigle, Esquire ttorney r Petitioners Attorney ID #01624 126 East King Street Shippensburg, P A 17257 717-532-7388 WEIGLE & ASSOCIATES. Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 VERIFICATION We, Clarence Victor Witmer and Betty Jane Witmer hereby verify that they are the Petitioners herein and as such verify that the information contained in the within petition is true and correct to the best of their knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. 4904, relating to lIDswom falsification to authorities. Dated: Ie) -,-07 ~ u~ '1/~~ Clarence Victor Witmer Dated: IO-CJ~O/ & ~~/ Betty J:Z wJ:;;- WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 IN RE: APPOINTMENT OF PLEAS PLENARY GUARDIANS FOR LONIE RAY WITMER :IN THE COURT OF COMMON :CUMBERLAND COUNTY, :PENNSYL VANIA :ORPHAN'S COURT DIVISION :NO. CONSENT OF PROPOSED GUARDIAN, CLARENCE VICTOR WITMER TO APPOINTMENT I, CLARENCE VICTOR WITMER, hereby consent to act as the Guardian of the Estate and person of LONIE RAY WITMER. I reside at 364 Nova Drive, Greencastle, P A 17225 and am a retired person in good health. I am a citizen of the United States of America and can speak, read and write the English Language. I have no interest adverse to LONIE RAY WITMER, the alleged incapacitated person. /iYz Uk:-' 'I f , i~. 9-'L ;/-};;u'/L.. CLARENCE VICTOR WITMER WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBUR<3, PA 17257-1397 . 1 . . IN RE: APPOINTMENT OF PLENARY GUARDIANS FOR LONIE RAY WITMER :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, :PENNSYL VANIA :ORPHAN'S COURT DIVISION :NO. CONSENT OF PROPOSED GUARDIAN, BETTY JANE WITMER TO APPOINTMENT I, BETTY JANE WITMER, hereby consent to act as the Guardian of the Estate and person of LONIE RAY WITMER. I reside at 364 Nova Drive, Greencastle, P A 17225 and am a retired person in good health. I am a citizen of the United States of America and can speak, read and write the English Language. I have no interest adverse to LONIE RAY WITMER, the alleged incapacitated person. /3$,.. :rfi~ V~ BETTY J E WITMER WEIGLE & ASSOCIATES, Pc. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397