Loading...
HomeMy WebLinkAbout04-12-11 (4) Douglas R. Roeder, Esquire PA Supreme Court ID No: 80016 ~ ~= ~, _ - ~ .~.. . _ lder Protection. Clinic _.... ' Yom/ ~ Y+ .~_/ ~ ..6..r.4 _~ ~ ,.~,p , T ...9„J ~ '~ ~ ~ , ,~, _. _, 45 North Pitt Street ~~ ~ ~' ~~~ ' ~ - :' Carlisle, PA 17013 ~ i-~, . =~ y ~ ~ ~=? r. (717) 240-5152 ` ~. =',~~ U '~-j _ `~ 4~_ ~-, _ In the Matter of: ) IN THE COURT OF COMMON PLAS `~~ ~:~ OF CUMBERLAND COUNTY, DECOKES THUMMA l PENNSYLVANIA An incapacitated person NO. f~ ~ ~ ~ ~ - ~~~~~ ORPHANS COURT _ GUARDIANSHIP PETITION FOR APPOINTMENT OF AN EMERGENCY GUARDIAN OF THE ESTATE AND THE PERSON AND NOW, comes Douglas R. Roeder, Esq., for the Elder Protection Clinic, .and makes the following PETITION FOR APPOINTMENT OF AN EMERGENCY GUARI)I.AN OF THE ESTATE AND PERSON for Delores Thumma, and in support thereof avers as~ follows: 1. Petitioner is the Elder Protection Clinic at The Pennsylvania State University -- L)ickinson School of Law, an interested third party in this matter. 2. The alleged incapacitated person is Delores Thumma, born on February 17, 1933, 78 years of age, widowed, and currently residing at 1 Wertz Run Road, Carlisle, Pennsylvania 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 st;atE;. Petitioner brings this petition after making efforts to verify the condition of they alleged incapacitated person. ,..';v ~, 4. To the Petitioner's knowledge, the alleged incapacitated person's next of kin area as follows: 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 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 t~ Yvonne Eaton 13 84 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 avers that the alleged incapacitated person suffers from the advanced and progressive dementia, evidenced by lack of memory, inability to respond to simple questions or perform simple tasks, and lack of ability to communicate with others. She also suffered a stroke several months ago, leaving her physically incapacitated which requires full assistance with regards to her mobility. 6. Because of her condition, the alleged incapacitated person cannot handle her o~wri finances, take care of herself in day-to-day matters, or communicate her desires to others. • ', ~~ 7. Petitioner avers that the alleged incapacitated person is totally impaired, and. not appointing an emergency guardian will result in irreparable harm to her. 8. The alleged incapacitated person has been evaluated by Dr. David A. Dell, M.D.., a family practitioner in Mount Holly Springs, Pennsylvania. Dr. Dell has indicated that the alleged incapacitated person has a complete lack of capacity, is unable to handlle her own affairs, and not appointing an emergency guardian will result in irreparable ha:rm~ to her. Dr. Dell's sworn affidavit is attached hereto as Exhibit "A". 9. The alleged incapacitated person has bills that need to be paid, and other financial responsibilities, but due to her lack of capacity, she is incapable of paying these lbills herself or handling her financial affairs. She also needs someone to handle making health and safety decisions for her. 10. Petitioner avers that appointing an emergency guardian of the person and estate would be in the best interests of the alleged incapacitated person, as it would allow the proposed guardian to use the alleged incapacitated person's resources to take care of the financial responsibilities, until a full guardianship proceeding can be initiated. 11. The proposed emergency guardian of the person and estate is Troy Thumma, the alleged incapacitated person's son, who resides with her at 1 Wertz Run Road, Carlisle, Pennsylvania 17013. 12. The proposed emergency 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., 13. The proposed emergency guardian of the person and estate and his wife have been taking care of the alleged incapacitated person for over 6 years prior to this emergency petition being filed. ~~ i :. 14. The proposed emergency guardian of the person and estate has no interest adverse to the alleged incapacitated person. 15. The executed consent of the proposed emergency guardian of the person and estate is attached as Exhibit "B". 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 Troy Thumma should not be appointed emergency guardian of the person and estate of Delores Thumma. DAIE'. ~ II "~(lI Douglas R. Roeder, Esquire PA Supreme Court ID No: 8001 fi 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 Il~1T 2010 Elder Protection Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 1 i~ 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, belie~vf;s 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. B ' ~/ r Y ~~.. Douglas R. Roeder, Esquire PA Supreme Court ID No: 8001 t~ Elder Protection Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152 ~~ r In the Matter of, ) IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY., DECOKES THUMMA ) PENNSYLVANIA An incapacitated person ) NO. ORPHANS COURT -GUARDIANSHIP AFFIDAVIT AND NOW, comes Dr. David A. Dell, MD, as the affiant, and does hereby swear and affirm that all of the following is true and correct to the best of his beliefs: 1. My name is Dr. David A. Dell, MD, and my office address is 303 North Baltimore Avenue, Mount Holly Springs, Pennsylvania 17065. 2. For my undergraduate studies, I graduated from Waynesburg College with a Bachelor's of Science degree in Chemistry. For medical school, I graduated from the Milton S. Hershey Medical Center of The Pennsylvania State University in 1984. I performed a family practice residency at DeWitt Army Community Hospital from 1984 through 1987. 3. I am currently in private practice as a family practitioner at Three Springs Family Practice, at the office address listed above. 4. I have been practicing medicine for 27 years. I am licensed by all of the proper professional licensing organizations in the Commonwealth of Pennsylvania, and I am also Board Certified by the American Board of Family Physicians. 5. I have known Delores Thumma for approximately 10 years, as I have been her primary care physician at our practice for that period of time. I have seen her approximately every six months over that time, or as necessary. 1 ~~ 6. Delores Thumma has a severe condition of vascular dementia, which causes progressive deterioration of her cognitive functions. This condition is now to the point where she requires total assistance with all of her personal care needs, and every aspect of daily living and functioning in society. 7, Delores Thumma's condition was first diagnosed in the early 2000's. The condition was evidenced by progressive memory impairment, with severe fluctuation in moods and emotions. This finding was then objectified by brain imaging studies, which fouind noticeable brain atrophy, related to progressive vascular disease and degenerat:ion. 8. Delores Thumma was last in our office in September of 2010. At that point in time, she was wheelchair bound, unable to stand or move on her own, unable to speak iri words or sentences, and had a noticeable inability to interact or maintain eye contact with those speaking to her. Overall, she required complete physical assistance, and required her caregiver to make the health care decision to bring her into the office. 9. Delores "Thumma is completely unable to receive and comprehend written or spoken commands or directions. She is also unable to interact in a typical social setting :and unable to answer simple questions due to her progressive dementia. 10. Delores Thumma is completely unable to communicate any of her wishes to anyone in any sort. of interactive setting, whether it is social, medical, or financial. 11. Delores Thumma is completely unable to handle her financial affairs because oaf t:he advanced stages of her dementia. She cannot comprehend what is said to her in written or spoken interactions, nor make her wishes known to others, thus leaving her completely unable to understand or manage her financial affairs. 4 12. Delores Thumma requires full time care and assistance, including assistance with all activities required for daily living, such as hygiene, feeding, and basic mobility. She is fully dependent on the care of others. 13. Delores Thumma's condition has no hope of ever improving, as her dementia will remain and will get progressively worse as time goes on. 14. Delores Thumma will never regain the ability to handle her finances, provide for her health and safety, or communicate her desires to others. 15. Delores Thumma requires full and total assistance handling her finances and help providing for her health and safety. 16. If an emergency guardian is not appointed to handle Delores Thumma's current affairs, financial and medical, her person or estate could suffer irreparable damage. She needs her financial affairs to be put in order, and has no ability to do it herself, and also needs someone to make health decisions on her behalf. WHEREFORE, I do hereby solemnly swear that the statements made in this ;afi=idavit DATE: `~ ~ i' ~ ~ Z ~~i l G~~ y __ Dr. David A. Dell, MD Three Springs Family Practice 303 North Baltimore Avenue Mount Holly Sprnngs, PA 17065 (717) 486-8550 3 are true to the best of my knowledge and beliefs. 1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~_~ ~~~ ~ ~~~~~ SS On the /~ ~~day of ~--~~~ , 2011, before me, a Notary Public, personally appeared DR. DAVID A. DELL known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument, and acknowledged that: s]Ze executed it for the purposes therein contained, WITNESS my hand and notarial seal. Notary Public LINDA M. CARVER NOTARY PUBLIC My Commission e pires$TATE OF PENNSYLVANIA MY CO~SSIOH EXPIRES 1?12212014 4 J, J, In the Matter of: ~ DECOKES THUMMA ) An incapacitated person ) IN THE COURT OF COMMON >/'LEAS OF CUMBERLAND COUNTY,, PENNSYLVANIA NO. ORPHANS COURT - GUARDIA:[~SHIP CONSENT OF PROPOSED EMERGENCY GUARDIAN I, Troy Thumma, as proposed emergency guardian of the estate and of the per;so:n of Delores Thumma, hereby consent to being named emergency guardian of the estate and of the person and certify that the following items are true and correct: 1. I currently reside at 1 Wertz Run Road, Carlisle, PA 17013; 2. I am currently employed, and my wife and I are the current caregivers for ~De~lores Thumma, the alleged incapacitated person; 3. I speak, read, and write the English language; 4. I do not have any interest adverse to Delores Thumma, the alleged incapacitated person; 5. I am not a fiduciary, or an officer or employee of a corporate fiduciary, or an estate in which Delores Thumma, the alleged incapacitated person, has an interest. :Fu.rther, I am not the surety, or an officer, or employee of a corporate surety of such a~ fi_duciary. &:t. ry... ,y ~<~~ .. _. "~'$F ~~ ... ': .. _, , ...,. :~,: cs. ~. ~, 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. 4-~-i~ Date Tro ~piurfima Proposed Guardian In the Matter of, DECOKES THUMMA An incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ORPHANS COURT - GUARDIA]vSHIP Certificate of Service I, Chad Zimmermann, Certified Legal Intern of the Elder Protection Clinic at the 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 :pre-paid to: Troy Thumma, Sr. 1 Wertz Run Road Carlisleq 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 lj` Y f ' 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 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 ~~ By: DATE: "I' I ~~ Z~~ ~~ YA Supreme Court 1D No: 745 lN'T 2010 Elder Protection Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 240-5152