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Home My WebLink About10-01-08Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717)243-7135 Attorney for Diane M. Shunk, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: MARLIN CALAMAN An Incapacitated Person NO. o~? I --p~- 0~$0 ~..> JT~ c'j ~ a --a r-- ^,. ~ t ~J r ~- PACITY AND APPOINT'-' ` ~' c~(fi O PLENARY GUARDIAN OF THE ESTATE AND PERSON ~' + ~:~ y ~~ TO THE HONORABLE, THE JUDGES OF THE SAID COURT: w 1. Petitioner, Diane M. Shunk, is the neice of Marlin Calaman, the alleged incapacitated person. 2. The alleged incapacited person was born on April 14, 1928, is 80 years of age and single, and resides at 6 Westminster Court, Carlisle, Pennsylvania, whose post office address is P.O. Box 263, Carlisle, Pennsylvania 17013. 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: a. Vernon Calaman (Son) 931 West Locust Street York, PA 17401 b. Nancy Calaman(Daughter) 625 N. Pitt Street Carlisle, PA 17013 J'v 4. The name and address of the institution currently providing medical services is Hershey Medical Center, 500 University Drive, Hershey, PA 17033. 5. To the extent known to Petitioner, the assets of the alleged incapacitated person are valued at approximately $15,000.00, comprising the following: a. $1,666.16 at F&M Trust; b. $6,224.27 at M&T Bank; c. A mobile home at 6 Westminster Court, Carlisle, PA, valued at approximately $1,000.00; d. An automobile valued at $ 5,655.00. 6. Petitioner estimates the alleged incapacitated person's annual income to be $ 16,919, including current monthly Social Security benefits of $1,017. 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 a. Possible brain damage due to blood on the brain; b. A broken sternum; c. A broken pelvis; d. Severe damage to left foot requiring the removal of the heel and toes; e. Severe damage to left arm; f. The need for a tracheotomy; g. The need for a feeding tube. 9. Because of his mental and physical condition, the alleged incapacitated person is totally unable to manage 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. 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 speak or in any other way communicate; is unable to keep himself properly nourished and hydrated; is unable to make his own living arrangements; and is unable to seek needed medical services. 11. The following alternative to the appointment of a guardian of the estate have been considered: Power of Attorney, but this alternative is ineffective because the alleged incapacitated person is unable to execute the Power of Attorney. 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 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 property; his real estate; his life and other insurance of which he is a beneficiary; his entitlement to any governmental and non-governmental benefit plans; federal, state and local taxes; claims made or to be made on 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. 13. The following alternative to the appointment of a guardian of the person have been considered: Power of Attorney, but this alternative is ineffective because the alleged incapacitated person is unable to execute the Power of Attorney. 14. The severity of the alleged incapacitated person's mental and/or 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 is not aware that the alleged incapacitated person signed any powers of attorney or advance health 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 person and estate of the alleged incapacitated person is Diane M. Shunk, a neice of the alleged incapacitated person, who resides at 808 Huckleberry Road, New Bloomfield, Pennsylvania. 17. The proposed plenary guardian of the person and estate is sixty-six (66) years of age and is retired. 18. The proposed plenary guardian has no interest adverse to the alleged incapacitated person. 19. The consent of the proposed plenary guardian is attached hereto as Exhibit A. 20. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 21. No other guardian has been appointed for the estate or person of the alleged incapacitated person. WHEREFORE, Petitioner respectfully requests that this Court award a citation directed to Marlin Calaman, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why Marlin Calaman should not be adjudged a fully incapacitated person, and Diane M. Shunk appointed plenary guardian of his person and his estate. Date: ~ ~ - ~~ Respectfully submitted, By: ~~-- u-----~ Andrew H. Shaw, Esquire Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Petitioner, Diane M. Shunk VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~ 1.C.~'I~C.Q ~~~~ Diane M. Shunk Andrew H. Shaw, Esquire I.D. No: 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717)243-7135 Attorney for Irene Grivas, Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: MARLIN CALAMAN An Incapacitated Person NO. CONSENT OF GUARDIAN OF THE ESTATE AND PERSON I, Diane M. Shunk, hereby consent to act as the Guardian of the Estate and Person of Marlin Calaman. I reside at 808 Huckleberry Road, New Bloomfield, Pennsylvania 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 Marlin Calaman, the alleged incapacitated person. Date: ~ ~~ ~ ~ - ~~ ~ By: ~. 1 _ Diane M. Shunk Proposed Guardian EXHIBIT