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HomeMy WebLinkAbout01-30-08~ i .. ~~. i ?~i~l~ l~~ ~~~~lt IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF CLEFtC 1 :CUMBERLAND COUNTY, PENNSYLVANIA O~F;~~.f~!`S C'OUFT MARTHA G. MILLE~l~1~`i~af~g~d(.'r`„ ^', : NO. ~~ _ ~~V~ - I I ~ incapacitated person GUARDIANSHIP-INCAPACITATED PERSON PETITION FOR APPOINTMENT OF GUARDIAN NOW come petitioner, JACOB C. SWOPE, by his attorney, Harold S. Irwin, III, Esquire, and present this petition for appointment of guardian over Martha G. Miller, an alleged incapacitated person, representing as follows: 1. Petitioner is JACOB C. SWOPE, an adult individual and son of the alleged incapacitated person, residing at 403 West Pine Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065. Petitioner's consent to this guardianship is attached to this petition as Exhibit "A". 2. The alleged incompetent is MARTHA G. MILLER, born February 22, 1936 (age 71 years), whose permanent residence address is Shippensburg Health Care, 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The alleged incapacitated person became incapacitated and has been unable to handle her own affairs since at least 2003 or before. 4. The alleged incapacitated person has a spouse, Harry L. Miller, and four children who are her next-of-kin. The children are Jacob C. Swope (the petitioners), Faye M. Ruiz, Carla J. Cohenour, and Ronald E. Swope. 5. Petitioners have no knowledge of any other Court within this Commonwealth, which has appointed a guardian for the alleged incapacitated person. 6. Prior to the onset of the alleged incapacity, the alleged incapacitated person had no income except social security. 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, Dr. Balhara, M.D., attached to this petition as Exhibit "B". 8. Petitioner has no interest adverse to the alleged incapacitated person and has 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 fora 1974 Chevrolet Impala motor vehicle. WHEREFORE, petitioners respectfully request this Honorable Court issue a rule upon Martha G. Miller, 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 petitioner be appointed guardian of her person and estate. January 25, 2008 / ~'~~(~ F7AROLD S. IRWI~ Attorney for Petiti ,~ r ; ' ~ _~____-; II er ~/ERIFICATION I, Jacob C. Swope, petitioner 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. I 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. January 25, 2008 JA OB C. SWOPE, Pe itioner IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA MARTHA G. MILLER, an alleged : NO. incapacitated person : GUARDIANSHIP-INCAPACITATED PERSON CONSENT OF PROPOSED GUARDIAN I, Jacob C. Swope, 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. Further, I do hereby certify that I am 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. Jaco .Swope Sworn to and subscribed before me this ~ ~ day of Janu~ry, 2008. ry Public COI~A40NWFALTH OF PBivNS f L dANIA NOTARIAL SEAL Harold S. Irwin Iii; Esq, Notary Public . Carlisle, Cumberland County M commission expires Feb 06, 2011 EXHIBIT ~A" IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA MARTHA G. MILLER, an alleged : NO. incapacitated person GUARDIANSHIP-INCAPACITATED PERSON COMPETENCY AFFIDAVIT I, Dr. Balharra, 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, Martha G. Miller, 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. 3a ~~' ~ Sworn to and subscribed before me this day of tlanuary, 2008. otary Public ,TH OF Hazold S. Irwin Iii; Esq, Notary Public Carlisle, Cumberland Caunry My commission expires Febmary 06, 2011 EXHIBIT ~B"