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Home My WebLink About09-04-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN THE INTEREST OF: No. ~ ~ - ~ ~ - UCI t5~ ~~ `= : ~ o ~ ~1 _° ~ ., !/7 -' r EMILY JANE MILLER ~ { ' ~ ~' ' ~-' An Alleged Incapacitated Person : ~~~ ~ ~ , ./ C..l .: 0~~~ ~ ~ - :. ~Tr . ~j ( ~~ ~~ ~~ PETITION FOR ADJUDICATION OF INCAPACITY AND ~ `~ FOR THE APPOINTMENT OF A PLENARY GUARDIAN OF THE PERSON AND ESTATE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, this 1 '~ day of ~2,~'emb~~ , 2012, comes the Petitioners, Christine M. Miller and, Wendy Sue Basehore, by and through their counsel, Keystone Elder Law P.C. and files the following in support of this Petition for Adjudication of Incapacity and for the Appointment of A Plenary Guardian of the Person and Estate. 1. Petitioners, Christine M. Miller, is the daughter-in-law of the alleged incapacitated person, currently residing at 9 Blue Spruce Drive, Enola, Pennsylvania, 17025, and Wendy Sue Basehore is the daughter of the alleged incapacitated person, currently residing at 477 E. Main Street Middletown, Pennsylvania, 17022; Wendy Sue Basehore is one of the current Agents under a power of attorney for the alleged incapacitated person. 2. The alleged incapacitated person, Emily Jane Miller, is an adult individual seventy six (76) years of age, having been born on December 12, 1935; she is divorced and currently resides at 9 Blue Spruce Drive Enola, Pennsylvania, 17025; she is not a patient of a mental hospital. 3. The following individuals are the alleged incapacitated person's next of kin: Jeffrey Lee Miller Wendy Sue Basehore Lori Miller Christine M. Miller 477 E. Main Street PO Box 2 9 Blue Spruce Drive Middletown, PA Elizabethtown, PA Enola, PA 17025 17022 17022-0002 (son & daughter-in-law) (daughter) (daughter) 4. To the best knowledge, information and belief of Petitioner, the Estate of the alleged incapacitated person consists of: a. Real estate in Lancaster County with a fair market value of $101,092 (tax assessed value of $79.600 X CLR 1.27) b. Susquehanna Bank Checking Account $1,197.88 c. Susquehanna Bank Savings Account $5,964.94 d. Susquehanna All Purpose Club Account $300.00 e. Member's First Checking $484.05 f. Member's First Savings $5.00 g. Member's First CD (6 months) $10,157.11 h. Member's First CD (7 months) $13,163.61 i. Member's First CD (7 months) $8 073.71 j. ING Annuity Premium Plus $67,779.19 k. Member's First AD&D Aff~nion Group $1,000.00 1. Savings Bonds- Series EE $2,850.00 5. The total of the foregoing non-real estate assets are one hundred ten thousand nine hundred seventy five dollars and forty nine cents ($110,975.49). 6. To the best knowledge, information and belief of Petitioners, the income from all sources of the alleged incapacitated person is: a. Social Security $1,071.00 b. ING Annuity Income $600.00 Her total monthly income is believed to be approximately one thousand six hundred and seventy one dollars ($1,671.00). 7. The alleged incapacitated person was never a member of the Armed Services of the United States and is not receiving benefits from the United States Veterans Administration. 8. The appointment of a guardian is sought because the alleged incapacitated person's ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that she is totally unable to manage her care and affairs. In addition, the three Power of Attorney Agents that the alleged incapacitated person has appointed are unable to agree on decisions regarding her estate and person. 9. The alleged incapacitated person suffers from cognitive/psychological infirmities. 10. The name and address of the proposed guardian of the person is Christine M. Miller, daughter-in-law of the alleged incapacitated person, residing at 9 Blue Spruce Drive Enola, Pennsylvania, 17025. 11. The name and address of the proposed guardian of the estate is Wendy Sue Basehore, daughter and Power of Attorney Agent of the alleged incapacitated person, residing at 477 E. Main Street Middletown, Pennsylvania, 17022. 12. The proposed guardians have no interest adverse to that of the alleged incapacitated person. 13. No court has ever assumed jurisdiction in any proceeding to determine the competency of the alleged incapacitated person. 14. The alleged incapacitated person does not already have a guardian appointed. 15. The following steps have been taken to find a less restrictive alternative than the appointment of a guardian: She is unable to grant a new power of attorney and a representative payee could not manage her care or medical decisions. Her current power of attorney agents are unable to agree. Mediation was proposed and rejected by one of the power of attorney agents. A care plan was proposed by two of the power of attorney agents, but was not enacted because of a geriatric psychologist's evaluation, initiated by the Petitioners, that exposed the alleged incapacitated person's issues with competency. 16. A Guardian is sought over the following specific areas of incapacity: Plenary Guardian of the Person and Estate. 17. The alleged incapacitated person does not have a relationship with an attorney at law who is expected to represent her in this matter, and given her confusion, is unlikely to be able to engage an attorney on her own. WHEREFORE, Petitioner prays this Honorable Court issue a Citation directed to the alleged incapacitated person, with notice to her next of kin and to such other persons as the court may direct, to show cause why she should not be adjudged an incapacitated person and a Plenary Guardian for her Person and Estate appointed. Res Ily subbed, David D. Nesbit, Esquire Keystone Elder Law PC Id # 77411 555 Gettysburg Pike Suite C-100 Mechanicsburg, PA 17055 (717) 697-3223 VERIFICATION The undersigned hereby certifies, subject to the penalties of 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities, that I am the daughter and current Power of Attorney Agent of the alleged incapacitated person, and that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. Date: Q' ~ ! ~- gy, ~~ ~ Wendy ~e Basehore CONSENT OF PROPOSED GUARDIAN OF THE PERSON The undersigned hereby consents to her appointment as Guardian for the alleged incapacitated person, Emily Jane Miller. The address of the undersigned is: 9 Blue Spruce Drive, Enola, PA 17025 The occupation of the undersigned is: ~~~ ~~~~~.~ ~ The undersigned speaks, reads and writes the English language. The undersigned does not have any interest adverse to the alleged incapacitated person. The undersigned is not a fiduciary, or an officer or employee of a corporate fiduciary, of an estate in which the alleged incapacitated person has an interest; and is not the surety, or an officer or employee of a corporate surety of such a fiduciary. Date: ~ ~-~~, Christine M. Miller CONSENT OF PROPOSED GUARDIAN OF THE ESTATE The undersigned hereby consents to her appointment as Guardian for the alleged incapacitated person, Emily Jane Miller. The address of the undersigned is: 477 E. Main Street Middletown, PA 17022 The occupation of the undersigned is: Yu..piL `_ ~/~/r~0 ~,. The undersigned speaks, reads and writes the English language. The undersigned does not have any interest adverse to the alleged incapacitated person. The undersigned is not a fiduciary, or an officer or employee of a co orate fiduci an estate in which the alleged incapacitated person has an interest; and is notrpthe surety, or ~~ of officer or employee of a corporate surety of such a fiduciary. Date: ~~~~~ BY• Wendy e Basehore