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Home My WebLink About05-23-11r.a IN RE: : IN THE COURT OF COMMON AS ~ ~~ AN INCAPACITATED :CUMBERLAND COUNTY, PE ~ VAIA ~' PERSON, DERICK W. BOBB . . m c"` ~ ~ ~; ORPHAN'S COURT DIVISION.-~c~ix W `- ~ ' cv - , C7 ~ l _T) -`~ - t j f _"" PETITION FOR APPOINTMENT OF ~ ~ ~ ~~ GUARDIANS OF THE ESTATE AND PERSON IN A CCORDANCE WITH 20 Pa. C S A ~ 5513 The petitioners, DAVID W. BOBB and TAMMY J. BOBB, by and through their attorneys, Irwin & McKnight, P.C., respectfully represents the following: 1. Petitioners, David W. Bobb and Tammy J. Bobb, are adult individuals whose principal residence is 10 Big Spring Terrace, Newville, Pennsylvania 17241. 2. Petitioners are the parents of Derick W. Bobb (hereinafter the "alleged incapacitated person") 3. The alleged incapacitated person was born on October 10, 1992, is 1 ~ years of age and currently resides with the Petitioners at 10 Big Spring Terrace, Newville. Pennsylvania 17241. 4. The alleged incapacitated person suffered a brain injury in infancy as a result of a motor vehicle accident. 5. As a direct result of the brain injuries suffered in infancy, the alleged incapacitated person continues to suffer significant mental impairment. A true and correct copy j9 ,~, of a letter dated December 28, 2010 from the alleged incapacitated person's family doctor. Jeanette C. Ramer, M.D., is attached hereto and incorporated herein as Exhibit "A." 6. As stated by the alleged incapacitated person's physician in Exhibit "A," because of his impaired mental condition the alleged incapacitated person lacks the ability to effectively make decisions regarding his health care, finances, and daily living situations. 7. As stated by his family doctor in Exhibit "A," the alleged incapacitated person has poor understanding of day-to-day tasks, safety awareness, and managing his own personal and financial affairs. 8. The alleged incapacitated person is unable to keep himself properly nourished and hydrated, maintain adequate personal hygiene, make his own living arrangements, or seek needed medical services. 9. Because of the severity of his mental condition, the alleged incapacitated person lacks the capacity to make or communicate any responsible decisions concerning his person or estate. 10. The severity of the alleged incapacitated person's mental condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of his person be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: his living arrangements, his medical and psychiatric care, the administration of medication to him, his education and schooling, and the employment and discharge of physicians, psychiatrists, dentists, nurses, therapists and other professionals for his physical and mental treatment and care. 2 1 1. The proposed plenary guardians of the person of the alleged incapacitated person are the Petitioners, the natural parents of the alleged incapacitated person. 12. The proposed plenary guardians of the person of the alleged incapacitated person have no interest adverse to the alleged incapacitated person. 13. The Petitioners are not aware that the alleged incapacitated person has signed any powers of attorney or 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. 14. As a result of the motor vehicle accident that injured the alleged incapacitated person, a lawsuit was commenced and subsequent financial settlement approved as more fully set forth in that prior action filed in the Orphans' Court of Cumberland County. Pennsylvania. and docketed at #21 - 95 - 0814. 15. Manufacturers and Traders Trust Company was most recently appointed Guardian of the minor's estate in that prior action, which Guardian filed a First and Final Account current through October 10, 2010. 16. At the effective date of the filed First and Final Account approved by this Court. Manufacturers and Traders Trust Company reported a combined balance on hand of X4,944,553.20 in the trust. 17. During the financial guardianship of the minor by Manufacturers and Traders "Trust Company, the trust account was primarily managed by David C. Gority. 3 1 g. Mr. Gority has recently changed employment, and is currently a Vice President of Investment and Trust Services with F&M Trust Company, 19. Mr. Gority has previously met with and is familiar with the alleged incapacitated person, and it is the desire of the Petitioners that F&M Trust Company be appointed guardian of the estate of their son. 20. The severity of the alleged incapacitated person's mental 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 the alleged incapacitated person's estate, specifically including, but not limited to: all issues relating to the trust established on his behalf: the annuity contract currently held by Symetra Financial, his stocks and bonds, his real estate, his life and other insurance of which he is the beneficiary, his entitlement to any governmental and nongovernmental benefit plans, federal, state, and local taxes and the associated tax returns and related filings, claims made or to be made on behalf of him or against him, and the payment of reasonable compensation or costs to provide services for him. 21. Petitioners would further request, given the recent accounting provided by Manufacturers and Traders Trust Company, that no further accounting be required to be provided, but that the assets currently managed for the alleged incapacitated person be transferred to F&M Trust Company upon appointment and approval by the Court in this matter. 22. The proposed plenary guardian of the estate of the alleged incapacitated person has no interest adverse to the alleged incapacitated person. 4 23. Petitioners would further request that an attorney be appointed to represent the interests of the alleged incapacitated person, and would respectfully request the appointment of Jacqueline M. Verney, Esquire because of her prior experience as a guardian ad litem, with her costs to be paid from the trust of the alleged incapacitated person, 24. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 25. Other than those identified herein, no other guardian or guardians have been appointed for the estate or person of the alleged incapacitated person, WHEREFORE, Petitioners respectfully request that this Court award a citation directed to Derick W. Bobb, the alleged incapacitated person, and the Petitioners, with at least twenty (20) days notice and service thereof to be given to them, to show cause why Derick W. Bobb should not be adjusted a fully incapacitated person, why Petitioners should not be appointed guardian of Derick W. Bobb's person, and why F & M Trust Company should not be appointed guardian of the estate of Derick W. Bobb, and that a trust be established and continued to care for his future needs and estate. Respectfully Submitted, IRWIN & McKNIGHT, P.C. Douglas .Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: May 19, 2011 Attorney for Petitioners 5 VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 1$ Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. l VID W. BOBB I~YI /71l ~ , ~~ ~.~;, TAMMY J. B BB Dates May 19. , 2011 IN RE: : IN THE COURT OF COMMON PLEAS OF AN INCAPACITATED :CUMBERLAND COUNTY, PENNSYLVANIA PERSON, DERICK W. BOBB . : ORPHAN'S COURT DIVISION . NO. CONSENT OF GUARDIAN F ~ M Trust Company hereby consents to serve as guardian of the Estate of Derick W. Bobb. F & M Trust Company has no interest adverse to Derick W. Bobb or to any estate in which he is interested. F & M TRUST COMPANY '~ ,. Dated: May 19, 2011 Da id C. Gority, V~e Pr ident and Trust Officer PEN N STATE ~, Children's Hospital Roger L. Ladda, NID Department of Pediatrics Penn State Children's Hospital Tel: (7171 531-8414 David S and Am) S Goldbere Division of Human Genetics. Penn State Mil[on S. Hershey Medical Center Fax; (717) X31-0276 Professor of Genetics Growth & Development Department of Pediatrics. H085 and Pediatrics 500 Universit Drive. P.O. Box 850 `~~`r~~-'~''~~ ~ ~`,~;'~ )' Chief. Division of Human Hershey, PA 17033-0850 Genetics, Grov~4n and December 2 8 , 2 010 Development :. - gg Ede Patricia L. Gordon, A1D Mr . and Mrs . David Bobb Assistant Professor 333 Oak Flat Road iKi"Jil''~:ltli(;{i111iG~'? of Pediatrics Newvi l 1 e , PA 17 2 41 r",5' f}` ri%`~`` .Icanette C. Ramer, NID Professor of Pediatrics RE: BOBB Derick W. MSHMC #589757 ~ Director. Medical Pediatric Rehabilitation Birthdate - 10 /10 / 92 Developmental Pediatrician Cheryl D. Tierney, MD, MPH TO Whom It May Concern Assistant Professor of Pediatrics Developmental Pediatrician I have been asked to write a letter regarding Derick Bobb' s Nlarl;Dontoto,MGd current judgment, cognitive skills and ability to manage Developmental Specialist his own interests as well as his day to day care. 717 531 7776 Tel Susan L.SeII,n1S,CGC Derick is an 18-year-old young man who sustained a very Certified Genetic Counselor severe brain injury in infancy as the result of a motor vehicle accident. I have been treating him for the last ten years in follow-up of this injury. His last visit to me was on October 25, 2010. In addition, I have had the opportunity to review his school records, including cognitive evaluations along with information front his family over the years to better understand his skill development. Unfortunately, Derick's brain injury has severely impaired his learning potential, social skills and judgment. He functions in the moderately cognitively impaired range and attends a life skills classroom placement. They are struggling to teach him daily living skills. He has problems with memory dysfunction, very poor time sense, and does not know what step comes next even in simplF> tasks. Hygiene remains of concern as well. He frequently fails to wash his hair and is oblivious to the effect of poor hygiene on others. The greatest functional deficit remains in language skills. He takes a very long time to retrieve essential information, including his own phone number and address. He becomes frustrated when he cannot express himself. Derick has very limited understanding of money; he may count it accurately, but is unaware of how much items cost or what he would need to buy to sustain himself. Safety awareness is at about a 5-6 year level, requiring that he be supervised at all times outside the home and at home An f-.goal Oppurwnig~ Uni~~crsilV RE: BOBB, Derick Page Two December 28, 2010 when he is preparing food or, at times, during showering and self care. Overall, although Derick is a pleasant young man who wants to please, his overall skills currently approximate early first grade for academics and perhaps age 8-9 years for social skills. Therefore, he has very poor understanding of even day-to-day tasks, safety awareness and, certainly, managing his own affairs. He would not be competent to make decisions regarding health care, finances ar:d daily living situations. I am available for further discussion (717 531-8414) if greater detail is needed. Sincerely, ~'~Jeanette C. Ramer, M.D. Developmental Pediatrician