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Home My WebLink About11-16-07 IN THE MATTER OF: ..... ~~::o -0 : IN THE COURT OF COMMON PLE}~ -tiF ::x : CUMBERLAND COUNTY, PENN$tVAN1~ .>> : ORPHANS COURT DIVISION ~ : NO. 21-07-0854 : GUARDIANSHIP-INCAPACITATED PERSON o S=O ,..,~::o , .:_1-0 'IO '1,,-r- ~~ ~ <::;:) = --' 2': o .....-: :::0 III ::J ('J "J ~,~ (~-:J (..':.') "Tl -'-1 ("'5 ,'n :- C') --r1 O"l BETTY M. PETTY, an alleged incapacitated person PETITION TO INTERVENE AND NOW comes the petitioner, Joslyn Brock, by and through her counsel, Nathan C. Wolf, Esquire and presents the following petition to intelVene and in support thereof, avers the following: (1) Petitioner is Joslyn Brock, an adult individual residing at 136 B Street, Carlisle, Gnnberland County, Pennsylvania. (2) The alleged incapacitated person is Betty M Petty, who resides with the petitioner and who is the maternal grandmother of Petitioner. (3) The alleged incapacitated person has resided with the petitioner for approximately four years. (4) The original petitioners in this matter are Lisa Christopher and Charles Y. Petty, Jr., who are the daughter and son of the alleged incapacitated person. (5) Petitioner has provided for the financial needs of the alleged incapacitated person, in conjunction with the efforts of her mother, Charlotte Brock, who also resides in the household with Petitioner and the alleged incapacitated person. (6) Petitioner has ensured that the day-to-dayneeds of the alleged incapacitated person have been met and has attempted to protect her grandmother's best interests throughout the time that they have resided together. (7) Furthermore, it was Petitioner and her mother who have discovered that significant funds have been removed without authorization from the bank account of the alleged incapacitated person. (8) Based upon information and belief, the funds were withdrawn by Jameson Christopher, who is the son of Lisa Christopher, one of the original petitioners in this matter. (9) Petitioner and her mother brought the question of Mr. Christopher's handling of the alleged incapacitated person's funds to the attention of Lisa Christopher and Charles Y. Petty, Jr. (10) Petitioner has learned that well in excess of $20,000.00 has been withdrawn from her grandmother's bank accounts without an accurate accounting for said withdrawals. (11 ) To the best of her information and belief, Lisa Christopher and Charles Y. Petty, Jr. have taken no action to investigate the propriety of Jameson Christopher's handling of the alleged incapacitated person's finances since being made aware of the concerns in that regard. (12) Petitioner took the initiative, for the last three years, of ensuring that the real estate taxes due on the alleged incapacitated person's residence were paid before the propertywas sold at tax sale. (13) In 2007, Petitioner ensured that said tax payments were made to the Borough of Carlisle before the taxes were delinquent. (14) Upon discovering the withdrawals from her grandmother's bank account, Petitioner ensured that access to the accounts by Jameson Christopher was no longer available. (15) Petitioner believes that if this Court finds that Betty M Petty is in need of the services of a guardian, that she would be the best person to be appointed guardian. (16) Petitioner avers that she is the granddaughter of the alleged incapacitated person and that she is willing to act as guardian of her person and her estate, if the Omrt shall so appoint her. (17) Moreover, Petitioner avers that she is not a fiduciary of any estate in which the alleged incapacitated person has an interest and that she has no interest adverse to the alleged incapacitated person. (18) A hearing in this matter has been scheduled before the Honorable J. WesleyOler, for November 19, 2007, at 3:15 p.rn. (19) Concurrence in the foregoing petition was sought from counsel for the alleged incapacitated person, Lorin A. Snyder, Esquire and such concurrence was given. (20) Concurrence in the foregoing petition was sought from Harold S. Irwin, III, Esquire, counsel for Lisa Christopher and Charles Y. Petty, Jr., and concurrence was not given. (21) Petitioner believes that the Court has the authority to grant such relief and that permitting intervention would be in the best interests of the alleged incapacitated person. WHEREFORE, the petitioner Joslyn Brock, respectfully prays that this Honorable Court issue an Order granting the relief requested and issuing an Order granting the proposed intervention, along with any additional relief that the Court may deem appropriate and just. Dated: November -/1(2007 Respectfully submitted, WOLF & WOLF, Attomeys at Law / /';::;:~4 By: . ./',~ /-Nath~'C..W~lf, Esquire 10 West~gh Street Carlisle, P A 17013 Supreme Court LD. No. 87380 (717) 241-4436 11/16/2007 FRI 13:04 FAX 717 245 7890 VERIFICATION I do hereby verify that tht: facts set forth in mil.' petition arc trUc and correct to the best of my infonnation, .knowlcdge and belief. I 1.mderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating t(l unsworn falsification w authorities. ~overnber~,Z007 ~ 001/001 IN THE MATTER OF: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 21-07-0854 : GUARDIANSHIP-INCAPACITATED PERSON BETTY M. PETTY, an alleged incapacitated person CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, attorney for petitioner, do hereby certify that I have served the foregoing Petition to Intervene upon the following individual by hand delivery, addressed as follows: Harold S. Irwin, III, Esquire 64 South Pitt Street Carlisle, P A 17013 Lorin A. Snyder, Esquire 28 South Pitt Street Carlisle, P A 17013 Date: November -&' 2007 By: Respectfully submitted, WOLF &.W?~.~~....,. .' ..../~ j //.- .l-:?' /.., Nathan-e: Wolf, Esquire / 10 W~~~High Street Carlisle, P A 17013 (717) 241-4436 Supreme Court ID # 87380