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Home My WebLink About02-20-14 IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA BLANCHE L. RISSER, ORPHANS' COURT DIVISION an alleged incapacitated individual : NO. a j - I y - 0167 PETITION TO ADJUDICATE A PERSON INCAPACITATED AND TO APPOINT GUARDIAN 1. The Petitioner is Stephen L. Risser, II, an adult individual currently residing at 2237 Concord Circle, Harrisburg, Dauphin County, Pennsylvania, 17110. 2. The Respondent is Blanche L. Risser,hereafter referred as"alleged incapacitated person", is an adult individual currently residing at Messiah Village, 100 Mt. Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The alleged incapacitated person was born on October 31, 1908. 4. The alleged incapacitated person is widowed. 5. The alleged incapacitated person was never a patient in a mental hospital. 6. The relationship of the alleged incapacitated person to Petitioner Stephen L. Risser, II is that of paternal grandmother. tr 4 7. The names and addresses of the next of kin of the alleged incapacitated person are as follows: NAME ADDRESS RELATIONSHIP Paul Light 4186 Depot Road Nephew Erie, PA 16510 Virginia Morrow 7640 Breakeman Road Niece Painesville, OH 44077 Helen Wardeh 4214 Snowdon Street Niece Clermont, FL 34711 Martha Shay RD 7 Box 3046 Niece Altoona, PA 16601 Mary McMinn 111 Ewe Road Niece Mechanicsburg, PA 17055 Jean Creighton 4103 Third Avenue Niece Altoona, PA 16602 James Hallman 2237 Concord Circle Step-grandson Harrisburg, PA 17110 Deborah Eisenacher 1144 Highland Street Step-granddaughter Harrisburg, PA 17113 Dale Hallman 6130 Springford Drive, Apt. D-7 Step-grandson Harrisburg, PA 17111 Rose Given 189 Joya Circle Granddaughter Harrisburg, PA 17112 Carol Risser 801 Chambers Street Granddaughter Harrisburg, PA 17113 Paula Stuller 1210 Griffin Street Granddaughter Harrisburg, PA 17112 Paul Risser 2237 Concord Circle Grandson Harrisburg, PA 17110 Stephen Risser, II 2237 Concord Circle Grandson Harrisburg, PA 17110 8. The alleged incapacitated person executed a Power of Attorney appointing Irvin E. Risser,her husband, and Stephen L. Risser, Sr.,her son,as her Attorneys-In-Fact on September 20, 1994. A copy of which is attached hereto and marked Exhibit"A". 9. Irvin E. Risser,her husband, as well as Stephen L. Risser, Sr., her son, failed to survive the alleged incapacitated person. Therefore,the alleged incapacitated person has no person to act as her agent. 10. The alleged incapacitated person is currently 105 years old. As a result of I her advanced age,the alleged incapacitated person developed health issues that prevent her from executing an updated Power of Attorney. Furthermore,these health issues prevent the alleged incapacitated person from taking care of herself, as well as placing her in need of constant care. Indeed, Blanche L. Risser lacks the capacity to provide for her own general care, maintenance, and custody. 11. Because of her impaired mental and physical condition,Blanche L.Risser is unable to manage her financial affairs,property and business, and to make and communicate responsible decisions relating thereto. 12. Petitioner Stephen L.Risser,II is extremely concerned that the alleged incapacitated person,his paternal grandmother,does not have an agent to make medical or financial decisions on her behalf 13. The gross value of the alleged incapacitated person's estate is $474,144.00,and she receives a net annual income of$16,473.91,from Social Security and Retirement. 14. The alleged incapacitated person has not served in the U.S. Military Services and is not receiving benefits from the United States Veterans Administration. 15. Petitioner asks that he, Stephen L. Risser, II, be appointed plenary guardian of the person and plenary guardian of the estate of Blanche L. Risser. 16. Petitioner,the proposed guardian,has no interest adverse to the alleged incapacitated person. 17. Petitioner believes, and therefore avers that no other Court has ever assumed jurisdiction in any proceeding to determine whether Blanche L. Risser is incapacitated. 18. The previous guardian was Stephen L.Risser, Sr., the father of Petitioner Stephen L. Risser, 1I. Mr.Risser, Sr. served in the role of guardian to the alleged incapacitated person, his mother, for a period in excessive of ten years. However, sadly Mr. Risser, Sr. passed away on November 22, 2013. Based on this,there is a need for a guardian, and it is the consensus of the family members that Stephen L. Risser, II is best suited to serve in that role. 19. Petitioner believes,and therefore avers that Stephen L. Risser, Sr.,his father,previously served in the role of guardian for the estate of the alleged incapacitated person. 20. Petitioner believes, and therefore avers that Stephen L. Risser, Sr., his father, previously served in the role of guardian for the person of the alleged incapacitated person. 21. Petitioner asserts that Blanche L. Risser is incapacitated as defined in Chapter 55 of the Probate Estates and Fiduciaries Code. 22. The proposed guardian, Stephen L. Risser, II, is qualified to serve as guardian. 23. A copy of the Consent of Stephen L. Risser, II, is attached hereto and marked Exhibit"A". WHEREFORE, Petitioner Stephen L. Risser, II respectfully requests this Honorable Court appoint Petitioner Stephen L. Risser, II plenary guardian of Blanche L. Risser's person and plenary guardian of Blanche L. Risser's estate. Date: Respectfully Submitted, ,/Y�,�CY, THE LAW OFFICES OF SILLIKER& REINH. Mark T. Silliker, Esquire • 5922 Linglestown Road Harrisburg, PA 17112 I.D.No. 33671 (717) 671-1500 Attorney for Petitioner Stephen L. Risser, II AFFIDAVIT I, Stephen L. Risser, II, hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unworn falsifications to authorities. I Dated: 1 2-1 26kq MI S ephen L. Risser, II IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA BLANCHE L. RISSER, : ORPHANS' COURT DIVISION an alleged incapacitated individual NO. CONSENT OF PROPOSED GUARDIAN Stephen L. Risser, II, of 2237 Concord Circle,Harrisburg,Dauphin County, Pennsylvania, agrees to act as Guardian of the Estate and Person of Blanche L. Risser,an alleged incapacitated individual,if appointed by the Court. He speaks, reads, and writes the English language. He does not have any interest adverse to the alleged incapacitated individual, and he is not a fiduciary, or an officer or employee of a corporate fiduciary, of an estate, in which the alleged incapacitated individual has an interest; nor the surety,or an officer or employee of a corporate surety of such a fiduciary. Dated: ?17-7) Zo t!j _ / Stephen L. tisse , II EXHIBIT