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HomeMy WebLinkAbout09-17-10IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION In Re: Steven Joshua Bergey, Alleged Incapacitated Person No. 21-10- (~~~ n C 0 ~~ `~~m ~ ~ .~ vi c ~ Cv ~S- c~ ~_ ~~ z:. ADJUDICATION OF INCAPACITY PETITION FOR AJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON To The Honorable, the Judges of said Court AND NOW TO WIT, this ~~day of September, 2010, comes the Petitioner, Jessica N 'd V -v ~..J -t7 .t- Bergey, by and through her attorneys, Menges, McLaughlin, and Kalasnik, PC, and Matthew D. Menges, Esquire, and files the within Petition, of which the following is a statement: The Petitioner is Jessica E. Bergey (hereinafter "Petitioner"), an adult individual residing at 182 Lebanon Village, Lebanon, PA 17046, who is the mother of the alleged incapacitated person. 2. The alleged incapacitated person is Steven Joshua Bergey (hereinafter "Josh"), who was born September 1, 1991 and is 19 years of age and currently residing at HealthSouth Rehabilitation Hospital of Mechanicsburg, located at 175 Lancaster Boulevard, Cumberland County, Pennsylvania 17055. 3. The next of kin of the alleged incapacitated person include his mother (Petitioner), his father, Steven G. Bergey of 40 Bennett Street, Bethel, PA 19507, and Josh's siblings, Swynnton T7 ~T} 5: ..~ ~.~~ J r:_° ='i ~ f__, r--. ~.:~ -- ;:-~ ~'~ C.~ -T J. Bergey, Stephanie J. Bergey, and Jeremiah I. Bergey, all of whom reside with Petitioner. 4. Josh has been a resident of Health South Rehabilitation Hospital since July 23, 2010. 5. On Apri125, 2010, while a pedestrian, Josh was struck by a motor vehicle on State Route 501 in Bethel Township, Berks County, Pennsylvania, breaking both of Josh's legs and causing serious traumatic injury to Josh's brain. 6. Petitioner believes, and therefore avers, that Josh has no Power of Attorney outstanding at the present time. 7. Josh has minimal assets, consisting primarily of his personal property. 8. Josh currently has no source of income. Josh's medical expenses are currently being paid through medical assistance administering through the Pennsylvania Department of Public Welfare. 9. Petitioner, on Josh's behalf, has made claims against the third party responsible for Josh's injuries and against a first party policy for underinsured motorists' benefits. 10. Josh was not a member of the armed services of the United States and is not receiving benefits from the United States Veterans Administration. 11. Because of his impaired physical condition, Josh lacks the capacity to make or communicate responsible decisions concerning his person and is unable to live on his own, and further, requires continued skilled nursing and rehabilitation care. 12. There are no alternatives to the appointment of a guardian of the estate given Josh's inability to execute a Power of Attorney. 13. The severity of Josh's physical condition and the lack of viable less restrictive alternatives necessitate that a plenary guardian of his estate be appointed to manage and handle all aspects of Josh's estate, specifically including, but not limited to all issues relating to his cash, checks and any bank accounts held in his name, his personal property, his life insurance and other insurance of which he is beneficiary, his entitlement to any governmental and non governmental benefit plans, federal, state and local taxes, claims made or to be made on behalf of him or against him, the execution of documents, entry into contracts affecting him and the payment of reasonable compensation or costs to be provided to him. 14. The severity of Josh's physical condition and the lack of viable less restrictive alternatives necessitate that plenary guardian of his person be appointed to handle all issues relating Josh's person, specifically and including, but not limited to his living arrangements, his medical and psychiatric care, the administering of his medication, and the employment and discharge of physicians for his physical treatment and care. 15. Petitioner is not aware that Josh signed any Health Care Power of Attorney or advance health care directives or in any other way designated anyone to serve as his agent over any of his personal or financial affairs or as his surrogate over his medical care. 16. The proposed plenary guardian of the person and estate of Josh is Petitioner, Jessica E. Bergey, mother of the alleged incapacitated person. 17. The proposed plenary guardian has no interest adverse to the alleged incapacitated person. 18. The consent of the proposed plenary guardian is attached as Exhibit "A". 19. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 20. No other guardian had been appointed to the estate or person of the alleged incapacitated person. WHEREFORE, Petitioner respectfully requests that this Court issue a Citation directed to Steven Joshua Bergey, the alleged incapacitated person, and to such other persons as this Court may deem proper, to show cause why he should not be adjudged a fully incapacitated person and Jessica E. Bergey be appointed plenary guardian of his person and his estate. Respectfully Submitted, Matthew D. Menges, Esquire Attorney ID No. 208132 145 East Market Street York PA 17401 Tel: (717) 843-8046 Fax: (717) 854-4362 mmen~es(cr~~yourlawfirmforlife com Attorney for Petitioner IN THE COURT OF COMMON PLEAS QF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION Steven Joshua Bergey Alleged Incapacitated Person CONSENT OF GUARDIAN OF THE ESTATE AND PERSON 1. I, Jessica E. Bergey, hereby consent to act as the Guardian of the Estate and Person of Steven Joshua Bergey. 2. My current address is 182 Lebanon Village, Lebanon, PA 17046 3. I am a citizen of the United States of America and can speak, read, and write the English language. 4. I am currently a student in cosmetology school. 5. I have no interest adverse to Steven Joshua Bergey, the alleged incapacitated person. 6. I am not a fiduciary, or an officer or employer of a corporation, or a fiduciary of an estate in which the alleged incapacitated person has an interest; I am not the surety, or an officer or employee of a corporate surety, or such a fiduciary. y Jess' a E. Bergey VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ._.,~ Z ssica E. Bergey Dated: ~ ~ ~~