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HomeMy WebLinkAbout03-23-12IN RE: ESTATE OF DAVID B. WEAVER,: iN THE COURT OF COMMON PLEAS OF AN ALLEGED INCAPACITATED: CUMBERLAND COUNTY, $~NNSYL~`ANIA ~~ PERSON :ORPHANS' COURT DIVISI '" = T T' _~m n~ ~ ~- ! c i r--~ ...,. PETITION UNDER SECTION 5511 OF TITLE 20, DECEDENTS, EST~'AN)F3: ~__ = . ~~ _ r~-, FIDUCIARIES CODE TO APPOINT A PERMANENT GUARDIAN~F ; '-` `' THE PERSON AND ESTATE OF DAVID B. WEAVER •- {_~-. `" ~-=-= ~- ' AND NOW, your Petitioner, Pauline E. Myers, by and through her attorney, Hannah Herman-Snyder, Esquire, respectfully avers as follows: 1. The alleged incapacitated person, David B. Weaver, hereinafter "Mr. Weaver,'' is forty-two (42) years of age, having been born September 7, 1969, and residing at 365 East Baltimore Street, Carlisle, Cumberland County, Pennsylvania, since October 4, 2011. 2. Petitioner, Pauline E. Myers, Mr. Weaver's maternal aunt, resides at 365 East Baltimore Street, Carlisle, Cumberland County, Pennsylvania. 3. Mr. Weaver is single. 4. To the extent known by the Petitioner, Mr. Weaver's income, assets, and debts are as follows: a. Mr. Weaver's income consists of Social Security, in the amount of $1,186.00 per month. b. Mr. Weaver is to have a Trust set up in his name, from proceeds from his mother's Estate; however, his mother passed away three (3) years ago, and Petitioner is not aware that any such Trust has vet been established. c. Mr. Weaver has no debt for which he is responsible. 5. The next of kin of Mr. Weaver are a brother, Brian Weaver, 4355 South National Avenue, Apartment 2506, Springfield, Missouri, 65810, and a sister, Vickie Merovich, 591-3 Geneva Drive, Mechanicsburg, Pennsylvania, 17055. 6. Petitioner proposes herself as the permanent guardian of the person and estate of Mr. Weaver. Petitioner is currently serving as the representative payee for Mr. Weaver in regards to his Social Security income. 7. Petitioner has no interest adverse to that of Mr. Weaver. 8. Mr. Weaver began residing with Petitioner on October 4, 201 1, at which time his grandmother, with whom he had resided for years, passed away. 9. Mr. Weaver is currently under the care of David A. Dell, M.D., and Mr. Weaver has been diagnosed with Down's Syndrome, hypothyroidism, and type 2 diabetes, with a recent hospitalization and surgery for colitis. 10. Permanent guardianship of the person and estate is sought for Mr. Weaver for the reason that his ability to receive and evaluate information is impaired to such an extent that he is totally unable to manage his financial affairs and property and meet essential requirements for his physical health and safety, and he is unable to make and communicate responsible decisions relating thereto, including the ability to communicate his need for assistance in these areas. 11. There are no less restrictive alternatives to the appointment of a guardian of Mr. Weaver as he has never had the capacity to sign a Power of Attorney, Advanced Healthcare Directive, or any other estate related documents. 12. No other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Mr. Weaver. 13. The consent of the proposed guardian to serve is attached as Exhibit "A". WHEREFORE, your Petitioner prays that a Citation be issued upon the alleged incapacitated person to show cause why he should. not be adjudicated an alleged incapacitated person and that Pauline E. Myers should not be appointed as guardian of his person and estate in compliance with Section 5501, et seq. of the Probate. Estates and Fiduciary Code; and further order that a hearing be held to consider evidence in support or contravention of David B. Weaver's capacity and appointment of Pauline E. Myers as the permanent guardian of the person and estate of David B. Weaver, with an attorney being appointed for David B. Weaver; and further order medical testimony may be provided at the hearing via telephone speakerphone, provided counsel for David B. Weaver does not object. Respectfully submitted, Hannah Herman-Snyder, Esq ire Attorney for Petitioner Supreme Court ID#91537 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DATE: ~ ~C% /,~ '~ a ~- ~ ~ , `~ , PAULINE E. M ERS `~ CONSENT OF PROPOSED GUARDIAN TO SERVE I, Pauline E. Myers, hereby consent, to being appointed as guardian of the person and estate of David B. Weaver. If appointed, I, Pauline E. Myers, promise to serve faithfully and to the best of my ability. PAULINE E. MYERS J Q (W~ J F Fa- J J Q