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Home My WebLink About11-06-09P:\FILPS\Climb\13086 Wdlowm\13084.3.pttl.wpd/ CrcetW: 980/04 0:06PM Revvcd: 11/N09 11:41AM MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Cazlisle, PA 17013 (717) 243-3341 Attorneys for Petitioners 0 FALLER !~; ~ O o m ' , ['~ ~-~~ '= . C ~ : +~ r ,~z~ „E ~ ~'? ~c; r:' c~ a c)~ y ~ .. x= ^rp . IN ~~ : IN THE ROBERT C. WALLOWER, , an alleged incapacitated person NO: ~ - ORPHAN'S AND NOW, come BETTY L. WALLOWER, WEIHBRECHT, by and through their attorneys, GILORY & FALLER, and move as follows: 1. Petitioner Betty L. Wallower is an adult Crossing, Enola, Pennsylvania 17025, and is the mother of 2. Petitioner Lori L. Wallower and David We individuals with an address of 12 Natures Crossing, Enola, and brother-in-law of Respondent Robert C. Wallower. 3. Respondent, Robert C. Wallower, is an adult ii T OF COMMON PLEAS OF ~ COUNTY, PENNSYLVANIA ~9 -~oy~ T DIVISION I. WALLOWER, and DAVID DEARDORFF WILLIAMS OTTO with an address of 12 Natures Robert C. Wallower. wife and husband, are adult 17025, and aze the sister d residing at 1239 Timber View Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17 50, (herein, "Respondent"). 4. Respondent is unmarried and does not have any children. Respondent's only surviving parent is his mother, Petitioner Betty L. Wallower. 5. Respondent's date of birth is October 19, 1957,1 and he is currently 52 years of age. 6. Respondent is an incapacitated person as that term is defined under Chapter 55 ofthe Pennsylvania Decedent's Estates and Fiduciaries Code, 20 P .C.S.A. § 5501 et seq. 7. Respondent is an adult whose ability to receiv and evaluate information effectively, and communicate decisions in any way, is impaired to such significant extent that he is partially or totally unable to manage his financial resources and meet es~ential requirements for his health and safety. 8. Respondent's immediate family consists of the following: a. Petitioner Betty L. Wallower, mother; ~ b. Petitioner Lori I. Wallower, sister; an~ c. Scott R. Wallower, brother. I 9. Petitioners are unaware of a written Will of R spondent. 10. Petitioners seek to have plenary guardians of a estate and of the person appointed by this Court. 11. Respondent is in immediate need of guazdi~nship. He is acknowledged to be incapacitated by the Petitioners based upon certain acts and om~ssions ofRespondent concerning his health and safety, and by John M. Hume, M.D., J.D., after ~ recent evaluation. See letter dated October 3Q 2009, signed by Dr. John M. Hume and attached ereto as Exhibit "A." 12. Consequently, the failure to make such appoin ent of the guazdians would result in irreparable harm to Respondent and to his estate. Petitioners be ieve, and therefore aver, that without plenary guardians of the estate and of the person, Respondent Twill be taken advantage of, depleted of his assets and, most importantly, may cause harm to himself. 13. Upon information and belief, there is clear and cpnvincing evidence that Respondent lacks the ability and mental capacity to manage his finances ~nd his person, and make decisions concerning the same. 14. Petitioners aze requesting that plenary guazdian~be appointed. The specific azeas of incapacity over which Petitioners have requested the guazdi s be assigned powers are for the personal and financial affairs ofRespondent with emphasis on liis health care and maintenance, and use of funds. 15. This Court has jurisdiction over the alleged incapacitated person pursuant to 20 Pa. C.S.A. 712(4) and 20 Pa. C.S.A. 5511 et seq. 16. Respondent's net worth, to the best ofPetitiongrs' knowledge, is $55,000.00, and his income, if any, is unknown. 17. Respondent recently quit his job and does nat have health insurance. Respondent refuses to obtain Cobra even though Petitioner Betty Without health insurance, Respondent maybe denied ~ 18. Because of the alleged incapacitated impairments, he lacks the capacity to make or communicate financial affairs and daily life including the ability to necessary decisions about his health and safety. 19. It is believed that the severity of conditions necessitates that a plenary guardian of his estate financial aspects of his life. More importantly, the incapa manipulation by third parties and Petitioners believe he cot 20. It is believed that the severity of conditions necessitates that a plenary guazdian of his person aspects of his life, including basic Gaze and maintenance. person has made recent decisions that caused harm to himse: Hospital and the filing of this Petition. 2L No other court has ever assumed jurisdiction capacity of the alleged incapacitated person. 22. No other guazdian has been appointed for the 23. Petitioners believe, and therefore aver, that an necessary under these set of circumstances. 24. Petitioners request that if the Court evaluation, it will exercise its discretion pursuant to 20 independent medical examination of Respondent. 25. Petitioners recommend that Petitioners Lori I. has agreed to pay for the same. medical services. mental, physical, and psychiatric decisions or to manage his need for assistance and make 's mental, physical, and psychiatric appointed to manage and handle all tated person is subject to abuse and be a victim of designing persons. 's mental, physical, and psychiatric appointed to manage and handle all vlore importantly, the incapacitated esulting in admittance to Holy Spirit any proceeding to determine the or estate of the Respondent. dent medical evaluation is not a need for an independent medical § 5511(d) and order an and David Weihbrecht, be appointed as plenary guardians of the person and of the estate to act jointly and severally as the proposed guardians do not have any interest adverse to the Respondent. By: to execute a Durable Power of t will not agree to the same. the following relief: Ebert C. Wallower, the alleged as this Court may direct, to show an incapacitated person and plenary ~ointed;and and David Weihbrecht as plenary C. Wallower; and and proper. OFFICES i! 26. Petitioners have attempted to convince Attorney naming one of the Petitioners as agent, but Resp WHEREFORE, Petitioners request that this Court a. Issue a citation directed to Respondent, incapacitated person, and to such other pers cause why Respondent should not be adjudgf guazdians of the person and of the estate be a b. This Court appoint Petitioners Lori I. Wallo guazdians of the Person and of the Estate of ] c. Order any other relief this Court deems nece, MARTSON Dated: //-lx^O~ Christopher .Rice, Esquire LD. No. 90 16 Ten East H'gh Street Cazlisle, P 17013 (717)243-3 41 Attorneys fob Petitioners i .30HN B3. ~i1QL, B43D., J3-. ', ....BSS 9aA~ Street ', -ii9~r~ar~ ~A 1709 /a -- 30 - c ~~ ,~ ~ ~ ~ ~~~~ ~. ~~ ~~ ~~~~~~~ ham,. U~~l~.~ ,~ ~~~ ~ ~~~~'~~~ ~~ ~~ ~~ ~~~ dud ~ :~~ ,~~D v~.ztl~re~ ox The foregoittgPetition forAdjuflication is based upon informmation which has been ~athcred by my coca The language of the document is that of counsel and not my oa the extent that it is based upon information rshich I have givep to the best of mykaowledge, information and belief. To the ext. is that of counsel, I have relied upon counsel in making this va Phis statement and verificatior are made subject to the p relating to unswom falsification to authorities, which provid averments, I may be, sub}xt to crirnina] penalties. ofplenaryGuardians f in the preparation of the lawsuit. I have read the document and to zny counsel, it Is true aad correct that the content of the document atiaa of IS Pa. C.S. Scctioa 4904 that if T make knowingly false 'VERIFICATION The foregoing petition forA.dj udication is based upon information which has been gathered 6y my tour The language of the document is that of covtuol and not my ov the extent that it is based upon iaf'oaaatioa which I have gives to the beat of my knowledge, information, and, bolief. To the ext is that of covnso[, I have relied upon counsel in making this vo This statemem and veniflc~atioa are made subject to the p relating to mtsworn falsification to authorities, which provid averments, I may be snbj ect to criminal penalties. :?t ~'~ in the preparation of the lawsuit. I have read the document and to my counsel, it is true and correct that the content of the document ilties of 18 Pa. C.S. Section 4904 that if I make knowingly false Loti L.Wallower