HomeMy WebLinkAbout12-13-12IN RE:
RENA G. BURK
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PETITION FOR DETERMINATION OF INCAPACITY
AND APPOINTMENT OF GUARDIAN
AND NOW COME, Petitioners, Barbara B. Schorr and Kathy L. Hughes, by the
undersigned counsel, petitioning this Court for determination of incapacity and appointment of
guardian as follows:
1. The alleged incapacitated person is Rena G. Burk ("incapacitated person"), age 83
years, born September 23, 1929 with a personal residence at 2704 Lisburn Road, Camp Hill,
Cumberland County, Pennsylvania 17011.
2. The alleged incapacitated person is currently residing at Country Meadows, Room
224, 4837 East Trindle Road, Mechanicsburg, Pennsylvania 17055.
3. The alleged incapacitated person, whose parents have predeceased her, is a
widower with no children and her presumptive adult heirs are:
(a) Barbara B. Schorr (sister) of 110 Hampden Avenue, Camp Hill,
Pennsylvania 17011;
(b) Owen Bowman (brother) of 3258 Peters Mountain Road, Halifax,
Pennsylvania 17032;
(c) Randy Bowman (brother) of 3218 West Hood Avenue, Santa Anna,
California 92704;
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(d) Joan Enders (sister) of Box 439, Matamoras Road, Halifax, Pennsylvania
17032; and
(e) Lucille Havens (sister) of 1515 Ocean Drive, Vero Beach, Florida 32963.
4. Your Petitioners are seeking to have themselves appointed both co-guardians of
the person and estate of the alleged incapacitated person and would accept such appointment.
5. Your Petitioners and proposed co-guardians have no interest adverse to the
alleged incapacitated person.
6. On or about August 4, 2000, the alleged incapacitated person granted Power of
Attorney to Barbara B. Schorr (Petitioner) and Larry Schorr, husband and wife.
7. In February, 2011, Ernest E. Bolton, a nephew of the alleged incapacitated
person's late second husband moved in with Rena G. Burk and received Power of Attorney over
the alleged incapacitated person for convenience purposes.
8. Ernest E. Bolton is an adult individual with a current residence at 40 North Enola
Drive, Enola, Pennsylvania 17025.
9. It is believed and averred that Ernest E. Bolton has neglected his fiduciary duties
as Power of Attorney and has failed to pay property taxes for 2012 and five (5) months of
nursing home bills from Country Meadows Nursing Home owed by the alleged incapacitated
person.
10. In addition, Ernest E. Bolton has refused to speak with the alleged incapacitated
person's family about financial matters and Petitioners believe Ernest E. Bolton may have
mismanaged and/or misappropriated funds from the alleged incapacitated person since her bills
remain unpaid.
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11. Your Petitioners seek co-guardianship because the alleged incapacitated person is
physically and mentally unable to understand what her current Attorney-in-Fact is doing with her
money. The alleged incapacitated person is no longer able to make decisions related to her
personal or financial care. Additionally, the incapacitated person, while conscious, is suffering
from dementia, cannot communicate effectively and is susceptible to undue influence and
disposition of her estate.
12. Your Petitioners seek plenary co-guardianship of the alleged incapacitated
person's estate and limited power over the person, to wit: Powers of general care, maintenance
and custody, power to designate the place for the incapacitated to reside, power to provide
required consents or approvals on behalf of the incapacitated person and the power to assure
proper medical and psychological services.
13. Your Petitioner Barbara B. Schorr, as proposed co-guardian, states as her
qualifications: she is the sister of the alleged incapacitated person; provides care to the alleged
incapacitated person; transports her to doctor appointments, and has knowledge as to the alleged
incapacitated person's affairs and estate.
14. Your Petitioner Kathy L. Hughes, as proposed co-guardian, states as her
qualifications: she is the niece of the alleged incapacitated person; provides care to the alleged
incapacitated person; and has knowledge as to the alleged incapacitated person's affairs and
estate.
15. The gross value of the alleged incapacitated estate is believed to be less than
$200,000.00 and consists of the primary residence and personal property. Net income for the
alleged incapacitated person is believed to be less than $40,000.00 per year.
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WHEREFORE, Petitioners respectfully request that this Honorable Court determine that
Rena G. Burk is incapacitated and appoint Barbara B. Schorr and Kathy L. Hughes as co-
guardians.
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date: By: ~ ~ ,
Craig A iehl, Esquire
Attorney I.D. No. 52801
3464 Trindle Road
Camp Hill, PA 17011
Tel: (717) 763-7613
Fax: (717) 763-8293
Attorney for Petitioners
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VERIFICATION
We, Barbara B. Schorr and Kathy L. Hughes, Petitioners above-named, being duly sworn
according to law, depose that the facts set forth in the foregoing Petition for Determination of
Incapacity and Appointment of Guardian are true and correct to the best of our knowledge,
information, and belief. The undersigneds understand that the statements made therein are made
subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities.
Date: ~.r',.,7 _ 6 _._ /~
Date: ~~ ~ --~
Barbara B. Schorr
Kathy L. Hu es