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HomeMy WebLinkAbout05-16-08 In Re: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION ~ NO. 08- o5Y-1, Ci-;il TeaR RICHARD L. PIPER, an Alleged Incapacitated Person Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person in Accordance with 20 Pa. Cons. Stat. ~ 5511 (") f:;;~ m~(") ::~2 ~ r- 'L;gj 0"1 (I);/:::: _.~ 8,0 -0 1. Petitioners are Edgar L. Piper and Nancy L. Piper, the parents of Richar(t~1]3er. :J: : ~ N 2. Richard L. Piper was born on June 26, 1967, is 41 years of age, unmarrie1l, and +"" \D resides at 22 Schoolhouse Road, Newville, Cumberland County Pennsylvania, which is also his. TO THE HONORABLE, THE JUDGES OF THE SAID COURT: mailing address. 3. The following persons are the alleged incapacitated person's only living next-of-kin: NAME ADDRESS RELATIONSHIP Edgar L. Piper Nancy L. Piper Michael L. Piper 22 Schoolhouse Road, Newville, PA 22 Schoolhouse Road, Newville, P A 184 Kerrsville Road, Carlisle, P A Brother Father Mother 4. To the extent known by petitioners, the assets of the alleged incapacitated person are valued at approximately $1,050.00, comprising the following: $1,000.00 at National Bank of Newville, and a U.S. savings bond of $50.00. 5. Petitioner estimates the alleged incapacitated person's annual income to be $9,408.00, Farmers including Social Security Benefits of $784.00 monthly. 6. 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 Veteran's Administration. 7. The alleged incapacitated person suffers from cerebral palsy resulting in significant mental retardation. 8. Because of his mental condition, the alleged incapacitated person is totally unable to manage or even appreciate the significance of his financial affairs, property and business and to make and communicate any decisions relating thereto, including the ability to communicate his ~ = <=:I = :x > -< j need for assistance in these areas. 9. Because of his impaired mental condition, the alleged incapacitated person lacks the capacity to make or communicate any responsible decisions concerning his person and is unable to even attend to his personal hygiene or to keep himself properly nourished and hydrated or communicate to others his need for assistance in these areas. 10. Because of the severity of his mental impairment, the assistance of other persons or services would not enable the alleged incapacitated person to even participate in the making of any decisions concerning his estate or person. 11. The severity of the alleged incapacitated person's mental condition mandates that a plenary guardian of his estate be appointed to manage and handle all aspects of the alleged incapacitated person's estate, specifically including, but not limited to: all issues relating to his cash, checks, and any bank or savings accounts held in his name, his stocks and bonds, his personal personal property, his real estate, any insurance of any kind, of which he is a beneficiary, any governmental and non-governmental benefit plans to which he is entitled, federal, state and local taxes, any claims made or to be made on behalf of him or against him, and the execution of documents, entry into contracts and payment of reasonable compensation or costs to provide services for him. 12. The severity of the alleged incapacitated person's mental condition mandates 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 care. 13. Petitioner is not aware that the alleged incapacitated person signed any powers 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. 14. The proposed plenary guardians of the person and estate of the alleged incapacitated person are Edgar L. Piper and Nancy L. Piper, the parents of the alleged incapacitated person, who resides at 22 Schoolhouse Road, Newville, Pennsylvania, whose consent to serve as plenary guardian of the person is attached hereto. 15. The occupation of the proposed guardians of the person is that of semiretired, working part time cleaning offices. Both Petitioners graduated from Big Spring High School, Cumberland County, Pennsylvania. 16. The proposed guardians have no interest adverse to the alleged incapacitated person. 17. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 18. No other guardian has been appointed for the estate or person of the alleged incapacitated person. WHEREFORE, Petitioners respectfully request that this court award a citation directed to Richard L. Piper, the alleged incapacitated person, with notice thereof to be given to the alleged incapacitated person in conformity with 20 Pa. Cons. Stat. S 5511, and to his next of kin, to show cause why he should not be adjudged a totally incapacitated person, and Edgar L. Piper and Nancy L. Piper be appointed plenary guardians of his person estate. Respectfully submitted, Frey & Tiley, Attorneys for ~e~r ) ~~, By: Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 I verify that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A. S 4904 relating to unsworn falsification to authorities. Dated: 5/6/08 ~ oL Q^fl-A/ Edgar L. iper ~~. - . .. ~ . J ;{;)ffnyj' --- m/i/ y L. PIpe .. CONSENT OF GUARDIAN OF THE ESTATE AND PERSON I, Edgar L. Piper, hereby consent to act as the Guardian of the Estate and Person of Richard L. Piper. I reside at 22 Schoolhouse Road, and am retired. 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 Richard L. Piper, the alleged incapacitated person. ~~cf-~~ Edgar L. p. er CONSENT OF GUARDIAN OF THE ESTATE AND PERSON I, Nancy L. Piper, hereby consent to act as the Guardian of the Estate and Person of Richard L. Piper. I reside at 22 Schoolhouse Road, and am retired. 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 Richard L. Piper, the alleged incapacitated person. /-, X..) . '~/l Ja/JZC:jJ . t~ y.ffi)iy L. Pipe ( , l/