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HomeMy WebLinkAbout03-04-09IN THE MATTER OF THE PERSON :1N THE COURT OF COMMON PLEAS OF AND ESTATE OF: :CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE J. RICCI-FIBER AN ALLEGED INCAPACITATED :ORPHANS' COURT DIVISION PERSON NO. ~ ~ ~ (, ~ - Q ,~~ (~ ~O C7 PETITION FOR THE APPOINTMENT OF m t EMERGENCY PLENARY GUARDIANS OF THE PERSON AND ESTA *~~ NC;1~; wrrH "lU Y.S. '5513 ANll FUK PERMANENT PLEN . ~ ~ GUARDIANS OF THE PERSON AND ESTATE ~ w PURSUANT TO 20 P.S. §5511 ~'"{ ~ AND NOW COME THE PETITIONERS, Danny R. Fiber and John P. E~icci, by and through their attorney, Lindsay D. Baird, Esquire, who represent and aver as follows: 1. The Petitioners are Danny R. Fiber, Husband to Ms. Ricci-Fiber, an adult residing at 242 Stonehenge Lane, Mechanicsburg, PA 17055, and John P. Ricci, Father to Ms. Ricci-Fiber, an adult residing at 2234 Cypress Cross Loop, Lakeland, Florida 33810. 2. The alleged incapacitated person is Christine J. Ricci-Fiber, age 35, who currently is hospitalized at the Holy Spirit Hospital, Surgical Intensive Care Unit, Cumberland County, Pennsylvania. The alleged incapacitated person resides at 2936 Columbia Avenue, Camp Hill, PA 17011, the marital residence jointly owned with Mr. Fiber. 3. The only known relatives of the alleged incapacitated person are: A. Danny R. Fiber, husband 242 Stonehenge Lane Mechanicsburg, PA 17055 ~~: _-"~ ~;?~7 ~=s ~ ~`~ r,-rt -T-~ ::.; _~ ~;M c.:~} ~-~ ';~ ~Y..l .:~~ ~,~i ~-- ~. -q B. John P. Ricci -Father 2234 Cypress Cross Loop Lakeland, FL 33810 C. Margaret M. Lavelle -Mother 107 Ridgewood Terrace Albany, NY 12203 D. Royce P. Fiber -Son, age 2 242 Stonehenge Lane Mechanicsburg, PA 17055 E. Marisa J. Quinn -Sister 168 Quay Road Delanson, NY 12053 F. Pamela J. DiMezza -Sister 115 Kings Road Schenectady, NY 12304 4. Christine J. Ricci-Fiber, since January 27, 2009, has been in a coma due to complications from a subtotal colectomy, including being ventilator dependent, having sepsis, hepatic failure and multi-system organ failure, and has been incapable of managing and caring for herself or her .financial affairs. 5. Christine J. Ricci-Fiber is needing to be transferred to Johns Hopkins. 6. Petitioners believe and, therefore, aver that Christine J. Ricci-Fiber has need of the appointment of Emergency Plenary Guardian of her Person and Estate until such time as she is able to regain her ability to manage herself and her affairs. 7. Petitioners requests that they be appointed Emergency Plenary Guardians of the Person and Estate of Christine J. Ricci-Fiber. 8. The proposed Guardians have no interest which is adverse to the interest of Christine J. Ricci-Fiber. 9. Petitioners believe and, therefore, aver that Christine J. Ricci-Fiber does not already have a Guardian. 10. Petitioners assert that Christine J. Ricci-Fiber is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 11. Because of her impaired condition, Christine J. Ricci-Fiber lacks the capacity to provide for her own personal care and maintenance. 12. Petitioners believe and, therefore, aver that Christine Ricci-Fiber's only known source of income is from an individual renting a room in her home for $400.00 each month. 13. Because of her impaired condition, Christine J. Ricci-Fiber is unable to manage her financial affairs, property and business and to make and communicate responsible decisions relating thereto. 14. A power of attorney would be a less restrictive alternative than Guardianship but none exists to the knowledge of Petitioners. 15. To Petitioners' knowledge, no previous application has been made for the order herein requested or for a similar order. 16. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Christine J. Ricci-Fiber. 17. The failure to appoint Petitioners as Emergency Plenary Guardian of the Person and Estate of Christine J. Ricci-Fiber and later as Permanent Plenary Guardians of her Person and Estate would result in irreparable harm to the person and estate of Christine J. Ricci-Fiber. WHEREFORE, the Petitioners respectfully request that: The Court appoint Danny R. Fiber and John P. Ricci as Emergency Plenary Guardians of the Person and Estate of Christine J. Ricci-Fiber pending a final hearing on this Petition with such Emergency Guardians having full power to provide fully for her medical care, and decisions thereto, and such other powers and restrictions the Court deems proper; 2. Pursuant to 20 P.S. §5513, the Court finds that the emergency necessitating the filing of this Petition will continue beyond seventy-two (72) hours from the date of any Emergency Order; Pursuant to 20 P.S. §5513, the Court schedule a final hearing on or within 23 days from the date of any Emergency Order; and 4. The Court also appoint Danny R. Fiber and John P. Ricci as Permanent Plenary Guardians of the Person and Estate of Christine J. Ricci-Fiber. Respectfully Submitted, ~~ indsay D. Bair ,Esquire 37 South Hanover Street Carlisle, PA 17013 (717)243-573:? VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Emergency Plenary Guardian of the Person and Estate in accordance with 20 P.S. §5513 and for Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. §5511 of Christine J. Ricci-Fiber are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the :penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. c.J ' Dated: ~~c~ ~ 0 cJ ~ ~~ ~~ Danny R. Fiber I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Emergency Plenary Guardian of the Person and Estate in accordance with 20 P.S. §5513 and for Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. §5511 of Christine J. Ricci-Fiber are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~ rah 3 , ~ o f' .----- ~~- John P. Ricci