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HomeMy WebLinkAbout11-18-08IN THE MATTER OF RICHARD C. DUBLE, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA r.~ ORPHANS COURT DIVISION n ~.O NO. 21 - 08- 114~~ -L; -~ :GUARDIANSHIP-INCAPACITAT~,~~ERS~1 ~_~ ~ c~ PETITION FOR APPOINTMENT OF GUARDIAN ~ ~ ~' ~~ N NOW comes petitioner, Linda K. Halteman, by her attorney, Harold S. Irwin, III, Esquire, ark presents this petition for appointment of guardian over Richard C. Duble:, an alleged incapacitated person, representing as follows: Petitioner is Linda K. Halteman, an adult individual, residing at 15587 West Creek Road, Newburg, Cumberland County, Pennsylvania 17240. 2. The alleged incompetent is Richard C. Duble, born December 27, 1922 (age 85 years), whose permanent residence address 1162 Dublin Gap Road, Newville, Cumberland County, Pennsylvania 17241, but who is currently at Hollidaysburg State Veterans' Home. 3. The alleged incapacitated person became incapacitated and has been unable to handle his own affairs for about the last one and one-half (1 'h) years. His spouse, Carol A. Duble, whose consent is attached hereto as Exhibit."A", is not able to provide tFie level of care and attention necessary and desires that petitioner be appointed guardian for the alleged incapacitated person. 4. The following person is the alleged incapacitated person's next-of-kin: Carol A. Duble (spouse of the alleged incapacitated person), who resides at Green Ridge Village, Nursing Home, Newville, Cumberland County, Pennsylvania 17241, and his children, Deborah Rogers, of 12501 Dixie Drive, Bishopville, Maryland 21813, Denise Duble, of Lists De Correo, Todos Santos BCS, Mexico 23305 and Dana Cook, of 1502 Tarbox Street, San Diego, California 92114. -;, -,., - ~ i"T <-. .7 r--, : -, --, T~ ,, ~- 5. Petitioner has no knowledge of any other Court within this Comironwealth, which has appointed a guardian for the alleged incapacitated person. 6. The alleged incapacitated person has no income except social security and retirement, virtually all of which is paid directly to the nursing home in which he resides. 7. The alleged incapacitated person is incapable of handling his financial affairs for the reasons to be identified by his treating physician, who will be available to testify by telephone at the time of the hearing as directed by the Court, but who will not providE; a competency affidavit in advance, absent an Order of Court due to privacy issues. 8. Petitioner, having no interest adverse to the alleged incapacitated person, has agreed to act as guardian if this Honorable Court shall so appoint. The consent off the proposed guardian is incorporated herein by reference and attached hereto as Exhibit "B". 9. The alleged incapacitated person does own real estate jointly with his wife, but that real state is about to be sold at auction and the proceeds will be divided jointly with his wife. Those proceeds to be distributed to the alleged incapacitated person will be placed in an account in his name at the nursing home to pay the expenses for his care. WHEREFORE, petitioner respectfully requests this Honorable Court issi.~e a rule upon Richard C. Duble, 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 Ise should not be adjudged an incapacitated person and petitioner be appointed guardian of his person and estate. November 11, 2008 ~ HAROLD S. IRWI ,III Attorney for petitione ~/ERIFICATION Linda K. Halteman, 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. September 19, 2008 DA K. HAL EMAN IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA RICHARD C. DUBLE, an alleged :ORPHANS COURT DIVISION incapacitated person : NO. 21 - 08- GUARDIANSHIP-INCAPACITATED PERSON CONSENT OF NEXT-OF-KIN I, Carol A. Duble, spouse of Richard C. Duble, do hereby certify that I agree that he is not able to care for himself or his affairs and that it is necessary for a guardian to be appointed to care for and make important decisions for him. I therefore give my consent and agreement that Linda K. Halteman, be appointed as his guardian. 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 him. The facts and opinions contained herein are true and correct to the best of my knowledge, information and belief. ~G CAROL A. DUBLE Sworn to and subscribed before me this ~C f~^ day o September, 2008. Notary Public COMMONWEALTH OF PENiJs r i~VANIA NOTARIAL SEAL Harold S. Irwin Iii; Esq, Notary Public Carlisle, Cumberland County My commission expires Febnatry 06, ZOl 1 EXIi161T "A" IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA RICHARD C. DUBLE, an alleged :ORPHANS COURT DIVISION incapacitated person : NO. 27 - 08- GUARDIANSHIP-INCAPACITATED PERSON CONSENT OF PROPOSED GUARDIAN I, Linda K. Halteman, do hereby certify that I am the petitioner in this matter and that I am willing to act as the guardian of the person and estate of Richard C. Duble, if the Court shall so appoint me. Further, I do hereby certify that I am not a fiduciary of an 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 my knowledge information and belief. .. DA K. HALTEMAN Sworn to and subscribed before me this ~_ day of eptember, 2008. Notary Public ~OMIvIONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Harold S. Irwin lii, Esq, Notary Public Carlisle, Cumberland County . 14y commission expires Febn~ty 06, 2011 EXHIBIT ~"