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HomeMy WebLinkAbout01-20-12IN RE: IN THE COURT OF COMMON PLEAS ` :CUMBERLAND CO., PENNSYLVANIA ANN B. STUM, an Alleged :ORPHAN'S COURT DIVISION Incapacitated Person ,-:: PETITION TO ADJUDGE ANN B. STUM AN INCAPACITATED PERSON AND TO APPOINT A PLENARY GUARDIAN FOR HER ESTATE AND PERSON AND NOW, comes the Petitioner, Lisa Bradley, through her attorneys, Purcell, Krug & Haller and files the following Petition to Adjudge Ann B. Stum an Incapacitated Person and to Appoint a Plenary Guardian for her Estate and Person, and avers the following: 1. Petitioner is Lisa Bradley, an adult individual, with a current address of 73946 Cedar Grove Drive, Clatskanie, Oregon 97016. 2. The alleged incapacitated person is Ann B. Stum ("Mrs. Stum"), a widow, 74 years of age, born on August 25, 1937, with a current address of 300 Longmeadow Street, Mechanicsburg, PA 17055. 3. Mrs. Stum is not and has never been a patient in a mental hospital. 4. Petitioner is Mrs. Stum's youngest of four children. 5. Mrs. Stum's husband, Arthur Stum died July 1, 2005. 6. Mrs. Stum's next-of-kin are her four children. Following are their names and last known addresses: a) Petitioner, Lisa Bradley, 73946 Cedar Grove Drive, Clatskanie, OR 97016. b) Derek Stum. Address unknown. Petitioner has spoken to Derek Stum by cell phone and he refuses to provide Petitioner or Mrs. Stum with his current address. Prior to July, 2011, Derek Stum was living with his wife, Valerie and their two children at 31 Summer Lane, Mechanicsburg, PA 17050. Derek Stum and his wife are separated and Valerie Stum currently resides in North Carolina. It is believed that Petitioner is employed by Old Dominion Freight Line, Inc., 300 Carolina Way, Carlisle, PA 17015. c) Deborah Dunn. Lycoming County Pre-Release Center, 546 County Farm Road, Montoursville, PA 17754. d) Diane Hall. Address unknown. Petitioner and Mrs. Stum did not have any communications with Diane Hall for approximately thirteen years since Mrs. Stum's Mother's funeral in Alabama. Prior to filing this Petition, Petitioner tracked down Diane Hall through family connections and spoke with Diane, who refused to provide her address but did state she wanted nothing to do with Mrs. Stum or the incapacitation proceedings. 7. Mrs. Stum's gross Estate consists of the following known assets: a) 300 Longmeadow Street, Mechanicsburg, PA 17055 with a tax assessed value of $167,500.00 b) Members 1st Federal Credit Union Checking Account $ 657.63 c) Members 1st Federal Credit Union Savings Account $ 4,173.62 d) Members 1st Federal Credit Union 24 month CD $ 53,140.05 e) 128 common shares of Frontier Communication stock $ 651.52 f) 120 shares of Coca-Cola Company stock $ 8,038.80 g) 279 shares of Comcast stock $ 7,114.50 h) Unknown quantity of Verizon stock i) 1,278 shares of AT8~T f/k/a Bell South stock $ 38,429.46 j) 380 shares of Vodafone stock $ 10,567.00 k) 96 shares of Alcatel-Lucent American Depository stock $ 174.32 2 I) Numerous uncashed dividend checks from various stock holdings that will need to be reissued and negotiated ~ m) Unclaimed property both in Pennsylvania and Florida identified under Mrs. Stum's name and Arthur Stum's name ~ n) 2002 Mazda 63000 pickup truck $ 3,000.00 o) 1996 Chevrolet Caprice $ 3,000.00 8. Mrs. Stum's net monthly income from all sources is as follows: a) Social Security (Directly deposited into Mrs. Stum's Savings Account). $ 892.00 b) Annuity income from Fidelity & Guaranty Life Insurance Company, Policy No. LF009255. (Petitioner found 1099-R forms for 2006, 2009 and 2010 indicating Mrs. Stum received annual gross distributions of $7,170.36 for each year. Mrs. Stum receives a monthly annuity check for $597.53). $ 597.53 c) Undetermined amount of dividend income. (It appears each of the stocks owned by Mrs. Stum issue quarterly or annual dividends. It could not be determined where the dividend income was being deposited. It appears from written documentation that there are thousands of dollars in uncashed dividend checks that will need to be reissued). d) Petitioner found paperwork from the United States Office of Personnel Management from 2006 indicating they were stopping the distribution of Arthur Stum's monthly pension benefits to Mrs. Stum as Arthur Stum's surviving spouse because paperwork had not been completed and returned. Petitioner believes that the pension benefits of approximately $500.00 per month can be reinstated retroactively to Mrs. Stum. 9. Mrs. Stum was never a member of the Armed Services of the United States, nor is she receiving any benefits from the United States Veterans Administration. 10. Mrs. Stum's ability to receive and evaluate information effectively and to communicate decisions in any way is impaired to such a significant extent that she is totally 3 unable to manage her financial resources or to meet essential requirements for her physical health and safety. 11. Mrs. Stum still believes her husband Arthur is living and that her parents, who died years ago, are also still alive. 12. Mrs. Stum is often confused as to what state she currently resides in and sometimes thinks she is in Alabama or Florida. 13. Prior to Arthur Stum's 2005 death, Mrs. Stum had been diagnosed as suffering from dementia. 14. When Mrs. Stum's husband was alive, Arthur Stum handled all of the financial responsibilities of their household and also provided for the daily needs of Mrs. Stum. 15. Following Arthur Stum's death, Mrs. Stum's daughter, Deborah Dunn moved into her Mother's home, but has failed to maintain the premises or provide a healthy, safe living environment for Mrs. Stum. 16. Deborah Dunn is currently incarcerated in Lycoming County and immediately prior to her incarceration, contacted Petitioner in December of 2011 and requested Petitioner to travel from Oregon to Pennsylvania to care for Mrs. Stum during Deborah's incarceration. 17. Upon arriving at Mrs. Stum's house on December 30, 2011, Petitioner found out that Mrs. Stum has been sleeping on a living room sofa for years because she could not access or utilize her bedroom owing to the clutter and that Mrs. Stum's house was roach and rodent infested. 18. Mrs. Stum signed a Durable Power of Attorney and a Durable Health Care Power of Attorney/Living Will on April 13, 2009, appointing Derek Stum as her Agent and Derek's now estranged wife, Valerie as the alternate Agent. (To Petitioner's knowledge, Valerie Stum never acted as Mrs. Stum's Agent under the Durable Power of Attomey or Durable Health Care Power of Attorney.) 4 19. Between Arthur Stum's death in July of 2005 and until Petitioner's arrival in 2012, neither Deborah Dunn or Derek Stum took Mrs. Stum to a doctor for any physical or psychological ailment. 20. On January 11, 2012, Petitioner took Mrs. Stum to her family doctor, Dr. Jeffrey James at Bowmansdale Clinic, who diagnosed Mrs. Stum with moderate dementia and prescribed two medications for Mrs. Stum's dementia and agitation. At the January 11, 2012 doctor's visit, Mrs. Stum refused to fully cooperate with Dr. James regarding some of the tests he attempted to perform to assess the degree of her dementia. 21. Mrs. Stum's driver's license was medically suspended in January of 2010 when she became confused and got lost driving between a restaurant on Carlisle Pike and her home in Mechanicsburg and was eventually stopped about one hour away driving on the wrong side of the road on Interstate 83. Although it is believed she has not driven since January of 2010, Mrs. Stum failed to surrender her Pennsylvania driver's license until January 12, 2012 when Petitioner took Mrs. Stum to the Pennsylvania State Police to report the misuse of her funds. 22. Petitioner believes and avers that since Arthur Stum's death, Derek Stum and Deborah Dunn have misused Mrs. Stum's assets for their own personal benefit; have failed to properly manage Mrs. Stum's assets and income; and have failed to adequately care for Mrs. Stum's physical and mental needs. 23. Petitioner has found documentation indicating Derek Stum owes between $10,000.00 and $12,000.00 in unpaid services and personal property he purchased using Mrs. Stum's name and credit. 24. Petitioner and Mrs. Stum have reported the misuse of Mrs. Stum's assets to the Pennsylvania State Police and the State Police have contacted the Cumberland County District Attorney's Office which intends to launch an investigation into the matter. 5 25. Petitioner proposes to serve as the Plenary Guardian of the Person and Estate for Mrs. Stum and has consented to serve in that capacity. Attached hereto and marked Exhibit "A" is a Consent signed by Petitioner. 26. The proposed Guardian has no interest adverse to Mrs. Stum. 27. No other Court has ever assumed jurisdiction in any proceeding to determine the capacity or competency of Mrs. Stum. 28. Mrs. Stum currently has no Guardian of the Person or Guardian of the Estate appointed. WHEREFORE, Petitioner respectfully requests this Honorable Court to enter a Citation with Notice directed to the alleged incapacitated person, Ann B. Stum and to Derek Stum and Deborah Hall and to such other persons as the Court may direct, to show cause why Ann B. Stum should not be judged an incapacitated person and her daughter, Lisa Bradley be appointed as Plenary Guardian of her Estate and Person. Respectfully submitted, rn. Date: ~ ~ ~ C(1 ~ ~- Jil . Wineka, Esquire I 58802 Purcell, Krug 8~ Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 6 IN RE: IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA ANN B. STUM, an Alleged :ORPHAN'S COURT DIVISION Incapacitated Person NO. CONSENT TO SERVE AS PLENARY GUARDIAN OF THEI .ESTATE AND PERSON FOR ANN B. STUM 1. My name is Lisa Bradley and I am an adult individual residing at 73946 Cedar Grove Drive, Clatskanie, Oregon 97016. 2. My date of birth is November 7, 1972 and I am the youngest of four children of Ann B. Stum. 3. I am a citizens of the United States of America and I am able to speak, read and write the English language. 4. I am not a fiduciary, an officer or employee of a corporate fiduciary of an Estate in which Ann B. Stum has an interest, nor am I the surety or officer or an employee of the corporate surety of such a Fiduciary. 5. I have no interest adverse to Ann B. Stum. 6. I consent to serve as a Plenary Guardian of the Estate and Person of Ann B. Stum. Date: /~' % ~ isa radley EXHIBIT "A" Re: In Re: Estate of Ann B. Stum, an Alleged Incapacitated Person Orphans' Court Division -Cumberland County, PA VERIFICATION I verify that the statements made in the foregoing Petition to Adjudge Ann B. Stum an Incapacitated Person and to Appoint a Plenary Guardian for her Estate and Person are true and correct upon my personal knowledge and upon information and belief. understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ~.~' Lis radley Date: i`~~f /~.