HomeMy WebLinkAbout01-03-11~T
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTX
NO. Z1' i1-a°61 ORPHANS' COURT
ESTATE OF LEWIE B. ANDERSON
PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, EST~A~TES
AND FIDUCIARIES CODE TO ADJUDICATE LEWiE B. ANDERSON TO BE INCAPACITATED
AND TO APPOINT A PLENARY GUARDIAN FOR HIS PERSON AND HI~ ESTATE
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TO THE HONORABLE, THE JUDGES OF SAID COURT: r-.
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The Petition of Daren D. Anderson respectfully represents that: ~ ~,., ~= ;
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1. Your Petitioner, Daren D. Anderson, is an adult individual who res~id~~ at 691 Sout h 82nd
Street, Harrisburg, Dauphin County, Pennsylvania 17111.
2. Lewie B. Anderson is the father of your Petitioner, and presently resjides at Golden Living
Center, 770 Poplar Church Road, Camp Hill, Pennsylvania.
3. Lewie B. Anderson is an 81 year old incapacitated male, bom on M~~ch 11, 1929. He is
married to Violet M. Anderson and the father of five (5) children: Dwayne D. Anderscp~, Diane D. Coombe,
Deborah D. Nissley, Damond D. Anderson and your Petitioner, Daren D. Anderson.
4. Lewie B. Anderson and Violet M. Anderson are the owners of real pro~rty at 32 Southmont
Drive, Enola, fast Pennsboro Township, Cumberland County, Pennsylvania. They pir~chased this property
in September, 2002. ~'
5. In April, 2008, Lewie B. Anderson was admitted to the skilled nursing',, nit at Golden Living
Center, Camp Hill, Pennsylvania and has resided there continually since that time. tfhis is a secured unit.
Lewie B. Anderson suffered a stroke to the left side of his brain in 2008, has lost short~t~rm memory and has
been diagnosed with a type of Alzheimer's disease. He requires 24 hour skilled nursing (care.
6. Violet M. Anderson became a resident of Country Meadows Retirement Communities,
4837 East Trindle Road, Mechanicsburg, Pennsylvania 17050-3680, on or about Marrclh 28, 2010 following
her discharge from Holy Spirit Hospital. She now resides in a secured unit and hay' been diagnosed as
suffering from dementia, Parkinson's disease and bipolar disorder.
7. Lewie B. Anderson executed a general Power of Attomey on May 7, 2007 appointing his wife,
Violet M. Anderson as his general Power of Attomey. No altemate was named.
8. Violet M. Anderson on or about March 29, 2010 executed a gener~M Power of Attomey
appointing your Petitioner, Darer D. Anderson as her general Power of Attomey.
9. Lewie B. Anderson and Violet M. Anderson executed similar Wills brh October 13, 2005
naming each other as primary beneficiary and three (3) of their children (Dwayne D~!, IAnderson, Darer D.
Anderson and Deborah D. Nissley) as their alternate residuary beneficiaries. Nominal consideration of One
($1.00) Dollar was granted in these Wills to their children, Diane D. Coombe and Damc}r~d D. Anderson.
10. It is believed that Lewie B. Anderson does not own any significant ~~sets other than the
marital home co-owned with Violet M. Anderson in Enola, Pennsylvania. Lewie B. ~-riderson has monthly
Social Security income of $1,099.00, a monthly Army pension of $1,230.00, and a ~n'onthly VA benefit of
$1,552.00. All of Lewie B. Anderson's income is being utilized for his and his wife's ca~-el.
11. Your Petitioner, Darer D. Anderson ,has been assisting his parents in jp~aying the household
bills and maintaining the house in Enola since April, 2008, and solely since March, X10. Your Petitioner
i ted his arents in arran in for their nursin and residential care and t~ it health care needs
has also ass s p g g g ~
over the last couple years.
12. The alleged incapacitated has five (5) children.
13. Dwayne D. Anderson resides at 8422 Timber Crest, San Antonia,,, ',Texas 78250-4406;
Diane D. Coombe resides at 744 Trebor Drive, Garner, North Carolina 27529; Deborah D. Nissley resides at
59 East Main Street, Mechanicsburg, Pennsylvania 17055; and Damond D. Ander$dn has given a most
recent addressed to Cumberland County Adult Probation in July 2010 of 370 Creek ~Ikoad, Shermansdale,
PA 17090-8914.
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14. Your Petitioner requests that he be appointed plenary guardian of Lewis B. Anderson's
person and estate so that he can continue handling all of his financial affairs and those of his parents as a
result of being appointed the general .Power of Attomey by his mother, Violet M. Andensmn, and can consent
to medical treatment and admit him to appropriate facilities for his care and treatment.
WHEREFORE, your Petitioner prays that a Citation be issued to Lewie B. An~elrson to show cause
why he should not be adjudged to be incapacitated and a plenary guardian for his ~~tate and person be
appointed, and that the Court schedule a hearing on this Petition.
Date: v ! V
JOH N, DUF IE ~TEV1V & WEIDNER
B
vid W. Luce
Attomey I.D. #41687
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0 a9
Telephone (717) 761-4 0
Attorneys for Petitioner,'.. aren D. Anderson
:424557
VERIFICATION
I, Daren D. Anderson, verify that the statements made in the foregoing Petitilo~ are true and correct
to the best of my knowledge, information and belief. I understand that false staterlnjents herein are made
subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to autMortit~es.
Daren D. Anderson
Dated: I'~'Zo~~~
I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COlI1~TY
NO. ORPHANS' COURT
ESTATE OF LEWIE B. ANDERSON
ACCFPTAIrICE BY PROPOSED GUARD/AI'N
Daren D. Anderson hereby agrees to accept the appointment of plenary guajrc~ian of the person and
estate of Lewie B. Anderson if he is adjudged to be an incapacitated person by the Cumberland County
Orphans' Court.
I presently reside at 691 South 82nd Street, Harrisburg, Pennsylvania 1711',1; I read and write the
English language. I do not have any interest adverse to the alleged incapacitate person. I am not a
fiduciary, or an officer or an employee of a corporate fiduciary, nor am I a surety or aa~ pfficer or an employee
of a corporate surety of a corporate fiduciary.
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Daren D. Anderson
Dated: /2~28~l0