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HomeMy WebLinkAbout01-28-09J. Ronaldo Legaspi, Esquire I.D. # 200240 320 Market Street, P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 ~ r~~ ~ , ~ Attorneys for Petitioners ~ ~ '~= ~ -----; c-,.. _, - __,~ K ~, .~ ,- . IN RE: _... -r., ~--~ ~ ~ IN THE COURT OF COMMON PLEA-~" ..J .. ....1 ~' OF CUMBERLAND COUNTY -= ' ' =~ - ' , PENNSYLVANIA -? ~~ ~~' PATRICK R. SHUMATE, ORPHANS' COURT DIVISION ~ c ~~ ` ` ~~_ an Alleged Incapacitated Person . ~, . No. ~ \ G C\ L~L~~~ PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND ESTATE AND NOW, come Thomas K. Shumate and Susanne M. Shumate, petitioners, by and through their attorney, J. Ronaldo Legaspi, Esquire, of Goldberg Katzman, P.C., who bring this Petition for the determination of the incapacity of Patrick R. Shumate and for the appointment of a plenary guardian of the estate and of the person of the alleged incapacitated individual, alleging in support thereof the following: The Petitioners are Thomas K. Shumate and Susanne M. Shumate, who reside at 406 Spring House Road, Camp Hill, PA, the adoptive parents of the Alleged Incapacitated Person. 2. The alleged incapacitated individual is Patrick R. Shumate, who is twenty-one (21) years of age and who resides with Petitioners. 3. The alleged incapacitated person is single, has never been married, and does not have any natural or adopted children. 4. The presumptive adult heirs of the alleged incapacitated person are his adoptive parents, Thomas K. Shumate and Susanne M. Shumate. 5. The Petitioners are also the adoptive parents of Laura Elizabeth Shumate, aged 20, who also resides with the Petitioners. 6. The proposed plenary co-guardians of the person and the estate are Thomas K. Shumate and Susanne M. Shumate. 7. The proposed guardians have no interest adverse to the alleged incapacitated person. 8. The alleged incapacitated person has no guardian already appointed. 9. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 10. The alleged incapacitated person has not executed a durable power of attorney. 11. The alleged incapacitated person has not executed a will. 12. The alleged incapacitated person has not executed a living will, advance health care directive, or similar document. 13. The reasons that guardianship is sought relate to the mental and physical conditions of the alleged incapacitated individual and the resultant limitations on his abilities to conduct his own affairs and make decisions about his medical care. 14. The alleged incapacitated individual does not have the ability to receive and evaluate information effectively and communicate decisions about his financial affairs in a meaningful way. Medically, he has been diagnosed with severe autism and mental retardation by his treating physician, Dr. Paul Conti. He is also given to occasional seizures and frequent outbursts and aggressive behavior. As a consequence of the aforesaid medical condition, the alleged incapacitated individual requires extensive assistance in his activities of daily living. He is the subject of case supervision by the Cumberland County Mental Health/Mental Retardation Program Office. 15. The Petitioners believe there are no less restrictive alternatives than the appointment of a plenary guardian of the person and the estate. 16. The proposed co-guardian, Thomas K. Shumate, is employed full- time as a computer programmer with Electronic Data Systems in Camp Hill, PA. 17. The proposed co-guardian, Susanne M. Shumate, is a home-maker and provides most of the personal care of the alleged incapacitated individual. 18. The gross value of the estate of the alleged incapacitated person, insofar as it is known to the petitioner is approximately $800, which consists of funds being held in an account at Citizens Bank. 19. The net monthly income from all sources payable to the alleged incapacitated person is $664.40, which consists solely of Supplemental Security Income and the state supplemental benefits. 20. Petitioner Susanne M. Shumate is currently serving as the representative-payee for the alleged incapacitated person's Social Security benefits. 21. Due to the limited assets and income of the alleged incapacitated individual and the strong familial ties between Petitioners and the alleged incapacitated individual, it is not anticipated that the posting of bond will be required. 22. The alleged incapacitated has never been a member of the Armed Services of the United States and is not receiving benefits from the U.S. Veterans Administration. 23. The consents of the proposed guardians are attached hereto and made a part hereof 24. The alleged incapacitated is not represented by counsel, and the Petitioners believe that appointment of counsel by the court is not necessary. WHEREFORE, the Petitioners respectfully request that the Court, under Section 5511 of the Probate, Estates, and Fiduciaries Code, issue a citation to the Alleged Incapacitated Individual, Patrick R. Shumate, and to such other persons as the Court shall direct, to show cause why the Alleged Incapacitated Person should not be adjudged to be an incapacitated person and the proposed plenary guardians of his estate and of his person be appointed. Respectfully submitted, GOLDBERG KATZMAN, P.C. By: J.,r 1 0 aspi, Esquire P I.D. No. 200240 320 Market Street Date: January 27, 2009 Harrisburg, PA 17101 (717) 234-4161 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. VERIFICATION I verify that the statements made in this Petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ~- l THOMAS K. SHUMATE Date: ~ - .2 $ _. ~ Y COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. VERIFICATION I verify that the statements made in this Petition are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ~ ~ SUSANNE M. SHUMATE Date: { ~~ IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION PATRICK R. SHUMATE, an Incapacitated Person CONSENT TO APPOINTMENT AS GUARDIAN OF THE ESTATE 1. The name of the proposed guardians of the Person and Estate of the Alleged Incapacitated Person in the above-captioned matter are Thomas K. Shumate and Susanne M. Shumate (the "Proposed Guardians"). The Proposed Guardians are the adoptive parents of the Alleged Incapacitated Person. 2. The Proposed Guardians maintain a mailing address at 406 Spring House Road, Camp Hill, PA, 17011. 3. The Proposed Guardians have no interest which is adverse to the interests of the Alleged Incapacitated Person. 4. The Proposed Guardians consent to act as guardian for the Estate and Person of Patrick R. Shumate, an incapacitated person, if so appointed by the Orphans' Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. Dated: j - ~ ~'_ r Thomas K. Shumate Dated: ~ ~~ ~~ ~' ' ~ ~~~.~ Susanne M. Shumate IN RE: PATRICK R. SHUMATE, an Incapacitated Person TO: PATRICK R. SHUMATE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with this Court to have you declared an Incapacitated Person. If the Court finds you to be an Incapacitated Person, your rights will be affected, including your right to manage money and property and to make decisions. A copy of the petition which has been filed by Thomas and Susanne Shumate is attached. You are hereby ordered to appear at a hearing to be held in Courtroom No. ,Cumberland County Courthouse, Carlisle, Pennsylvania, on at M. to tell the court why it should not find you to be an Incapacitated Person and appoint a Guardian to act on your behalf. To be an Incapacitated Person means that you are not able to receive and effectively evaluate information and communicate decisions and that you are unable to manage your money and/or other property, or to make necessary decision about where you will live, what medical care you will get, or how your money will be spent. At the hearing, you have the right to appear, to be represented by an attorney, and to request a jury trial. If you do not have an attorney, you have the right to request the Court to appoint an attorney to represent you and to have the attorney's fees paid for you if you cannot afford to pay them yourself. You also have the right to request that the Court order that an independent evaluation be conducted as to your alleged incapacity. If the Court decides that you are an Incapacitated Person, the Court may appoint a Guardian for you, based on the nature of any condition or disability and your capacity to make and communicate decisions. The Guardian will be of your person and/or your money and other property and will have either limited or full powers to act for you. If the Court finds you are totally incapacitated, your rights will be affected and you will not be able to make a contract or gift of your money or other property. If the Court finds that you are partially incapacitated, your legal rights will also be limited as directed by the Court. If you do not appear at the hearing (either in person or by an attorney representing you) the Court will still hold the hearing in your absence and may appoint the Guardian requested. By: Clerk, Orphans' Court IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION PATRICK R. SHUMATE, . an Incapacitated Person , . No. STATEMENT OF RIGHTS UPON APPOINTMENT OF A GUARDIAN AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE OF THE COURT'S ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE EXCEPTIONS. IN ADDITION, YOU MAY PETITION THE COURT AT ANY Ft1TURE TIME TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HIS/HER DUTIES IN ACCORDANCE WITH THE COURT'S ORDER. IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU MAY BE PROVIDED AT NO COST TO YOU. 168691.1