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Home My WebLink About12-16-09~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW JAMES DELUCA, :ORPHANS' COURT DIVISION An alleged incapacitated person N0.21-06-0579 Civil Term PETITION FOR THE APPOINTMENT OF PERMANENT PLENARY GUARDIANS OF THE ESTATE PURSUANT TO 20 P.S. §5511 AND NOW COME THE PETITIONERS, Anthony L. DeLuca and Marjorie A. DeLuca, by their attorney, Anthony L. DeLuca, Esquire, who represents and avers as follows: 1. The Petitioners are Anthony L. DeLuca and Marjorie A. DeLuca, natural parents and guardians of Matthew James DeLuca, who reside at 12 Ridge Drive, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is Matthew James DeLuca, an adult, age 21, who currently resides with the Petitioners in their home which is located at 12 Ridge Drive, Carlisle, Cumberland County, Pennsylvania and has resided with them at this residence since August, 2007. 3. The known relatives of Matthew James DeLuca are: rte ~ ~-.~: w - - ~~"' : ; , a. Anthony L. DeLuca -- Father ~ ~ ~ ~ n ..._. ,- 12 Ridge Drive = - ~ 3 h .. °~' ~ ~~ - Carlisle, PA 17015 , ~~~ =~,~ ~ ~ ,. _ •• ~^ fr i b. Marjorie A. DeLuca -Mother 12 Ridge Drive Carlisle, PA 17015 c. Theresa A. Chipley -Sister 47 Saw Mill Road Hedgesville, West Virginia 25427 d. Anthony F. DeLuca -Brother C/O 12 Ridge Drive Carlisle, PA 17015 4. The Petitioners, being the father and mother, are related to Matthew James DeLuca. 5. The Petitioners interest is that of being his natural parents and guardians. 6. Matthew James DeLuca has been incapable of managing and caring for himself since birth and is incapable in managing and caring for his financial affairs. 7. Matthew James DeLuca exhibits symptoms of mental incapacity, including but not limited to mental retardation. 8. Matthew James DeLuca's mental incapacity prevents him from managing and caring for the affairs of his person and estate. 9. At the time of birth or shortly thereafter, Matthew James DeLuca suffered a bleeding on the brain which resulted in him being placed in the neonatal intensive care unit for approximately thirty-eight (38) days. 10. Since his discharge from the hospital at birth, Matthew James DeLuca has been diagnosed with the following conditions: a. Neurological and Seizure Disorders; b. Hearing impairment; and c. Crohn's disease; 11. As a result of the injury sustained. at birth, Matthew James DeLuca is developmentally delayed and is unable to speak in a normal manner. 12. As a result of the injury sustained at birth, he was unable to walk until he was approximately 4 '/2 years of age and has had a number of surgeries on his feet and legs which now allow him to walk but he falls easily. 13. As a result of the injury sustained at birth, Matthew has a seizure disorder that is controlled by medication. 14. Matthew has received speech, physical, and occupational therapies throughout the time he attended school. 15. Matthew has also received private speech, physical, occupational, and aquatic therapies several times a week during the first thirteen (13) years of his life and also received additional physical therapy through the assistance of a personal trainer for approximately two (2) years... 16. Matthew has behavior issues that have required the services of a psychologist and psychiatrist over a number of years and has resulted in him receiving on going behavior therapy. 17. The following is a list of medications taken by Matthew each day: a. Trileptal b. Sulfsalazine c. 6MP d. Risperdal e. Concerta 18. Matthew graduated in June, 2009 from the Capital Area Intermediate Unit and currently is enrolled in a day program in Mechanicsburg. 19. Matthew, since graduation, is the full time responsibility of Petitioners except for the time that he attends the day program in Mechanicsburg. 20. Petitioners willingly and lovingly will accept all future responsibility for the care of their beloved son and wish to be able to continue care at home. 21. Petitioners assert that Matthew James DeLuca is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 22. Because of his impaired mental and physical conditions, Matthew James DeLuca lacks the capacity to manage his financial affairs, property and business and to make and communicate responsible decisions relating thereto. 23. Petitioners request that they be appointed Permanent Plenary Guardians of the Estate of Matthew James DeLuca. 24. The proposed Guardians have no interests which are adverse to the interest of Matthew James DeLuca. 25. Petitioners believe, and therefore, aver that Matthew James DeLuca does not already have a Guardian except for them. 26. A power of attorney would be a less restrictive alternative than Guardianship but there is no existing Power of Attorney and Matthew James DeLuca would not be capable of understanding the concept of a Power of Attorney. 27. To Petitioners' knowledge, no previous application has been made for the Order herein requested or for a similar Order 28. This Court assumed jurisdiction in a prior proceeding involving Matthew James DeLuca, which proceeding was filed to this number on June 30, 2006 for the purpose of determining the capacity of Matthew James DeLuca and, after a hearing on July 17, 2006, the Petitioners herein were appointed Permanent Plenary Guardians of his Person. 29. The failure to appoint Petitioners as Permanent Plenary Guardians of the Estate of Matthew James DeLuca would result in irreparable harm to the estate of Matthew James DeLuca. 30. Matthew James DeLuca receives a monthly check arising out of an annuity from a prior settlement, the significance of which he is not able to comprehend. 31. Jane Adams, Esquire was appointed to represent Matthew James DeLuca in the prior hearing and was present when all of the testimony, including psychological testimony, was given. 32. Jane Adams, Esquire has had an opportunity to talk to Matthew James DeLuca since the prior hearing and concurs that his mental condition has not changed and, therefore, waives the requirement that twenty (20) days written notice of the hearing on appointment of Permanent Plenary Guardians of the Estate shall be given to Matthew James DeLuca, the alleged incapacitated person, by serving him personally with the Citation and this Preliminary Decree and a copy of the foregoing Petition together with an explanation of the content and terms of the Petition. 33. The Petitioners believe and, therefore, aver that their other children, Theresa A. Chipley and Anthony F. DeLuca are aware of the filing of this Petition and the Hearing thereon and do not object to the appointment of Petitioners as Permanent Plenary Guardians of the Estate of Matthew James DeLuca. WHEREFORE, the Petitioners respectfully request that: 1. A Citation be awarded, directed to Matthew James DeLuca to show cause why he should not be adjudged an incapacitated person and Permanent Plenary Guardians of his Estate should not be appointed; and 2. The Court appoint his parents, Anthony L. DeLuca and Marjorie A. DeLuca as Permanent Plenary Guardians of the Estate of Matthew James DeLuca. Respectfully Submitted, Anthony L. D uca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 Attorney ID #18067 VERIFICATION We hereby verify that the facts and information set forth in the foregoing Petition for the Appointment of Permanent Plenary Guardians of the Estate of Matthew James DeLuca pursuant to 20 P.S. §5511 are true and correct to the best of our knowledge, information, and belief. We 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. r` Dated: „~ - ~~-l~~d d ~' ~~ ,~ Anthony eLuca t ~~C ~ , M rie A. DeLuca