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Home My WebLink About04-12-11 (2) Douglas R. Roeder, Esquire PA Supreme Court ID No: 80016 Elder Protection Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 240-51.52 In the Matter of: _._ -; =~ DECOKES THUMMA An incapacitated person ,--- ... . c_,~ _ ;~; `.. , ..; J tea,, 4..;, ~;, .; , -~~ __, -,:a .:~ IN THE COURT OF COMMON PLEAS' OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~.1 - 1 1 - G ~- ~~, ORPHANS COURT -GUARDIANSHIP PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTME',NT OF PLENARY GUARDIAN PURSUANT TO Pa.C.S. § 5513 AND NOW, comes Douglas R. Roeder, Esq., for the Elder Law and Consumer Protection Clinic, and makes the following PETITION FOR APPOINTMENT OF A PLENARY GUARDIAN of Delores Thumma, and in support thereof avers as follov~s: 1. Petitioner is the Elder Protection Clinic at The Pennsylvania. State University --Dickinson School of Law, an interested third party in this matter. 2. The alleged incapacitated person is Delores Thumma, born on February 17, 1 S~33, 78 years of age, widowed, and currently residing at 1 Wertz Run Road, Carlisle, I'A. 17013, with her son and daughter-in-law. 3. Petitioner became an interested third party when it was contacted by the alleged incapacitated person's daughter-in-law and made aware of her incapacitated state. After a due diligence effort to verify the condition, Petitioner now brings this petition. 4. To the Petitioner's knowledge, the alleged incapacitated person's next of kin are as follows: '~,~' CHILDREN Troy Thumma, Sr. 1 Wertz Run Road Carlisle, PA 1701.3 Albert D. Crisamore, III 217 Leaksville Court Luray, VA 22835 Timothy A. Crisamore 485 Lincolnway Drive York, PA 17408 Deidre Shortlide 200 North Duke Street Apt. 501 York, PA 17401 Karla Foose 4140 West Market Street York, PA 17408 Debra Grice 651 North Franklin Street Apt. 1 Chambersburg, PA 17201 GRANDCHILDREN Troy Thumma, Jr. 1 Wertz Run Road Carlisle, PA 17013 Tony Thumma 1 Wertz Run Road Carlisle, PA 17013 Albert D, Crisamore, IV 5406 West Canal Road East Berlin, PA 17316 Yvonne Eaton 1384 Sunnyside Road Spring Grove, PA 17362 Tara Miller 217 Leaksville Court Luray, VA 22835 Michael Shortlide 127 Liberty Woods Drive Fort Stewart, GA 31315 Timothy Shortlide C/O Thomas Shortlide 1215 West Poplar Street York, PA 17403 Christina Byers 343 South Elm Street Apt. A Dallastown, PA 17313 Jessica Allen 4140 West Market Street York, PA 17408 Jacintha Allen 4140 West Market Street York, PA 17408 Paul Grice (Inmate #BI9390) 1600 Walter Mills Road Somerset, PA 15510 5. Petitioner estimates the alleged incapacitated person's annual income to be approximately $9000, made up of Social Security benefits. 6. To the best of Petitioner's knowledge, the alleged incapacitated person has very few individual assets, other than clothing and small personal items. 7. The alleged incapacitated person suffers from the advanced and progressive dementia, evidenced by lack of memory, inability to respond to simple questions or perforrri simple tasks, and lack of ability to communicate with others. She also suffered a stroke several months ago, leaving her physically incapacitated. 8. Because of her condition, the alleged incapacitated person cannot handle her own finances, take care of herself in day-to-day matters, or communicate her desi;re:; to others. She has neither the mental nor physical capacity to provide for herself. 9, A power of attorney has been considered as a less restrictive measure, however, due to the complete and total lack of mental capacity, the alleged incapacitated person is legally unable to effectively sign a legal document delegating power and authority to~ act. 10. Because of her lack of mental capacity, the alleged incapacitated person is unable to communicate her wishes on her daily care to others, and so her son and daughter-in-law have been taking care of her in their home for the past 6 years, including bathing, feeding, seeking medical services, and other such responsibilities. 11. The severity of the alleged incapacitated person's mental anal physical condition and the lack of viable, less restrictive alternatives necessitate that a guardian of her person and estate be appointed to manage and handle aspects of the alleged incapacitated pE~rson's estate, specifically including: her cash, checks, and any bank or savings account held in her name, her ability to manage, purchase, sell and convey her interests in real. property, her life and other insurance of which she is a beneficiary, her entitlement to any governmental and non-governmental benefit plans, federal, state, and local taxes, claims made or to be made on behalf of her or against her, the execution of documents, entry into contracts affecting her and the payment of reasonable compensation of costs to provide services for her. 12. Petitioner is not aware that the alleged incapacitated person signed any Power of Attorney or in any other way designated anyone to serve as her agent over any of~ her personal or financial affairs. 13. The proposed Guardian is Troy Thumma, the alleged incapacitated person's son, who resides with her at 1 Wertz Run Road, Carlisle, PA 17013. 14. The proposed guardian of the person and estate is 45 years of age, is gainfully employed, and is physically and mentally able to handle the affairs of his mother. 15. The proposed guardian and his wife have been taking care of the alleged incapacitated person for over 6 years prior to this petition being filed. 16. The proposed guardian of the person and estate has no interest adverse to the alleged incapacitated person. 17. The executed consent of the proposed guardian of the person and estate is attached as Exhibit "A". 18. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 19. No other guardian has been appointed for the person and estate of the alleged incapacitated person. WHEREFORE, Petitioner respectfully requests that this court issue the attached citation directed to Delores Thumma, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why Delores Thumma should not be adjudged an incapacitated person and Troy Thumma appointed guardian of her estate. DAIF ~_~ 1 By ~_ Douglas R. Roeder, Esquire PA Supreme Court ID No: 8001 ~6 Elder Protection Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 Chad W. Zimmermann Certified Legal Intern PA Supreme Court ID No: 745 L[VT 2010 Elder Protection Clinic 45 North Pitt Street Carlisle, PA 17013 (71.7) 240-5152 _ __ _ _ _ ~ _ __ VERIFICATION The undersigned hereby verifies that he is an attorney for the Elder Protection Clinic at The Pennsylvania State University -Dickinson School of Law and that the facts set out in the foregoing Petition for Adjudication which are within the personal knowledge of the Petitioner are true, and as to facts based on the information of others, after diligent inquiry, believes them to be true. Any false statements herein are made subject to penalties of 18 PA.C.S. § 4904, relating to sworn falsification to authorities. By ~~ ~ ~ _ ~~. Douglas R. Roeder, Esquire PA Supreme Court ID No: 80016 Elder Protection Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 In the Matter of: DECOKES THUMMA An incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ORPHANS COURT - GUARDL~NSHIP CONSENT OF PROPOSED GUARDIAN I, Troy Thumma, as proposed guardian of the estate and of the person of Delores Thumma, hereby consent to being named guardian of the estate and of the person and certify that the following items are true and correct: 1. I currently reside at 1 Wertz Run Road, Carlisle, PA 17013; 2. I am currently employed, and my wife and I are the current caregivers for Delores Thumma, the alleged incapacitated person; 3. I speak, read, and write the English language; 4. I do not have any interest adverse to Delores Thumma, the alleged incapacitated person; 5. I am not a fiduciary, or an officer or employee of a corporate fiduciary, or an estate in which Delores Thumma, the alleged incapacitated person, has an interest; riot: the surety, or an officer or employee of a corporate surety of such a fiduciary. VERIFICATION I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~ ._ Date ...----~'~ 'N7 ~__ ,., .~''~' ~' ,-~ oy um Proposed Guardian In the Matter of: DECOKES THUMMA An incapacitated. person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ORPHANS COURT -GUARDIANSHIP Certificate of Service I, Chad Zimmermann, Certified Legal Intern of the Elder Protection Clinic at they Dickinson School of Law of Penn State University, certify that a true and correct copy of the foregoing Petition has been served via 1St class U.S. Mail on April 12, 2011, postage I>re~-paid to: Troy Thumma, Sr. 1 Wertz Run Road Carlisle, PA 17013 Albert D. Crisamore, III 217 Leaksville Court Luray, VA 22835 Timothy A. Crisamore 485 Lincolnway Drive York, PA 17408 Deidre Shortlide 200 North Duke Street Apt. 501 York, PA 17401 Karla Foose 4140 West Market Street York, PA 17408 Debra Grice 651 North Franklin Street Apt. 1 Chambersburg, PA 17201 Troy Thumma, Jr. 1 Wertz Run Road Carlisle, PA 17013 Tony Thumma 1 Wertz Run Road Carlisle, PA 17013 Albert D. Crisamore, IV 5406 West Canal Road East Berlin, PA 17316 Yvonne Eaton 13 84 Sunnyside Road Spring Grove, PA 173 62 Tara Miller 217 Leaksville Court Luray, VA 22835 Michael Shortlide 127 Liberty Woods Drive Fort Stewart, GA 31315 Timothy Shortlide C/O Thomas Shortlide 1215 West Poplar Street York, PA 1.7403 Christina Byers 343 South Elm Street Apt, A Dallastown, PA 17313 Jessica Allen 4140 West Market Street York, PA 17408 Jacintha Allen 4140 West Market Street York, PA 17408 Paul Grice (Inmate #BI9390) 1600 Walter Mills Road Somerset, PA 15510 ~5 DATE: v I ' I ~ ~U ~/ B, Chad W. Z' e ann Certified Le ntern PA Supreme Court ID No: Elder Protection Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 745 I7~T 2010