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HomeMy WebLinkAbout03-04-091N RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH C. PUTT, : An alleged incapacitated person :ORPHANS' COURT DIVISION PETITION FOR THE APPOINTMENT OF PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. §5511 AND NOW COMES THE PETITIONER, Keni E. Melphis, by and through her attorney, Anthony L. DeLuca, Esquire, who represents and avers as follows: 1. The Petitioner is Keni E. Melphis, an adult individual, who resides at 430 Diehl Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Ruth C. Putt, born on March 20, 1933, age 75 years, who currently resides at Church of God Home, Carlisle, Cumberland County, Pennsylvania since July 3, 2008. 3. The known relatives of the alleged incapacitated person are: A. Kenneth E. Putt -Husband 427 Diehl Road Mechanicsburg, PA 17055 ~ ~ ~' B. Keni E. Melphis - Daughter ^- © ~` . 430 Diehl Road r ~~ .~-,~.~ te ~'~' ~' Mechanicsburg, PA 17055 ~ n` ~ ~' ~ ; ~.,_ ` ~ ~T~i ~ _ . ~j_F '~_~ C. Kimberly A. Pensinger -Daughter ~`- ~ ~j~ ~=' ' 415 South High Street ~ _:t ~...r~ " tir ._., Mechanicsburg, PA 17055 co l~y~ 1 D. Kirby E. Putt -Son 1001 East Devon Drive Gilbert, AZ 85296 4. The Petitioner is the daughter of Ruth C. Putt. 5. Ruth C. Putt has been under Hospice care since August, 2008. She requires 24 hours skilled nursing care, cannot communicate, needs assistance for all bodily functions and, while capable of sitting in a wheelchair if secured in place, spends most of the time in bed. 6. Ruth C. Putt exhibits symptoms of mental incapacity and has been diagnosed with senile dementia. 7. Ruth C. Putt's mental incapacity prevents her from managing and caring for the affairs of her person and estate. 8. Kenneth E. Putt, husband of Ruth C. Putt, born on December 30, 1929, age 78 years, currently resides at 427 Diehl Road, Mechanicsburg, PA since July 2, 2008. 9. Mr. Putt has been diagnosed with a brain tumor, bladder cancer, prostate cancer, blood clots in his leg, and is physically unable to care for the person and estate of his wife, Ruth C. Putt. 2 10. Kenneth E. Putt has appointed his daughter, the Petitioner, Keni E. Melphis, as his Power of Attorney and Health Care Agent but no such Power of Attorney exists for Ruth C. Putt. 11. Petitioner, Keni E. Melphis, avers that Ruth C. Putt is an incapacitated person who requires a Permanent Plenary Guardian for her person and estate. 12. Petitioner requests that she be appointed Permanent Plenary Guardian of the person and estate of Ruth C. Putt. 13. The proposed Guardian has no interest which is adverse to Ruth C. Putt. 14. Petitioner believes and, therefore avers that the income of the alleged incapacitated person consists of $526.00 per month from social security, $187.68 a month from Pepsico, and a checking account of approximately $15,000.00. 15. Petitioner believes and, therefore, avers that Ruth C. Putt does not already have a Guardian. To Petitioner's knowledge, no previous application has been made for the order herein requested or for a similar order. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Ruth C. Putt. 3 16. Petitioner asserts that Ruth C. Putt is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 17. Because of her impaired mental condition, Ruth C. Putt lacks the capacity to provide for her own personal care and maintenance. 18. Because of her impaired mental condition, Ruth C. Putt is unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto. 19. The failure to appoint Petitioner as Permanent Plenary Guardian of the person and Estate of Ruth C. Putt will result in irreparable harm to the person and estate of Ruth C. Putt. WHEREFORE, the Petitioner respectfully requests that: Pursuant to 20 Pa.C.S.A. §5511, the Court schedules a hearing on the Petition for Appointment of Permanent Plenary Guardian of the person and estate of the alleged incapacitated person; and 4 Appoint the Petitioner, Keni E. Melphis as Permanent Plenary Guardian of the person and estate of Ruth C. Putt. Respectfully submitted, fC~j ~' ~~ Anthony L. D uca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 ID #18067 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Permanent Plenary Guardian of the Person and Estate of Ruth C. Putt pursuant to 20 P.S. §5511 are true and correct to the best of my knowledge, information, and belief. 1 understand that any false statements contained herein are subject to the penalties of 1 ~ Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: `' (.F' `~ ~~~~' ~~ r ---~-, Keni E. Melphis