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HomeMy WebLinkAbout07-21-14 IN RE: Jo Ann Seker IN THE COURT OF COMMON PLEAS An Alleged Incapacitated Person : CUMBERLAND COUNTY, PENNSYLVANIA DOB: 6/20/31. : NO. LA — (`Ki ORPHANS' COURT DIVISION PETITION TO ADJUDICATE AN INCAPACITATED PERSON AND TO APPOINT A PLENARY GUARDIAN OF HER PERSON AND ESTATE AND NOW, comes the Petitioner, Gregory W. Seker, by and through his Attorney, Jane Adams, Esquire, and files this Petition pursuant to Title 20 Pa.C.S.A. §5511 and in support thereof avers the following: 1. The Alleged Incapacitated Person is Jo Ann Seker. She was born on June 20, 1931 and is eighty-three (83)years old. 2. Petitioner is Gregory W. Seker, (Hereinafter"Petitioner"); he is the son of the Alleged Incapacitated Person, Jo Ann Seker. His address is 10206 Maple Glen Court, Ellicott City, Maryland, 21042. 3. The Alleged Incapacitated Person, Jo Ann Seker, lives at 47 Southwest Avenue, Shiremanstown, Cumberland County, Pennsylvania, 17011. In 1987 she purchased the property with another individual, Susan Staub, and they own the property as joint tenants with right of survivorship. 4. Jo Ann Seker lives at the above-listed address with two individuals, namely, Susan Staub and Dierdre Lindenmuth. 5. Jo Ann Seker's spouse is deceased. 6. In addition to Petitioner, Jo Ann Seker has two other living children, who would be her only heirs, namely: Mark Seker 0626B SW Nevada St. Portland OR 97219 Chris Seker vim' ;; x ? r 927 Poeyfarre Street, Apt. 512 New Orleans, LA 70130 G �h C5 7. During the past two years, Petitioner has observed the following: (a) In August 2012, Jo Ann Seker fell down the stairs in her home and fractured her rib and scapula, which required a hospital stay. Petitioner went to the hospital and assisted with her recovery at her home for multiple days. (b) In October 2012, Petitioner attempted to help Jo Ann Seker move into a home she owns in Maryland, closer to his residence, which would have been more suitable for her physical needs. He helped her move most of her items and would have been available to help her at the Maryland residence. After initially indicating that she would move, she failed to do so. No explanation has been given. (c)In January 2014, Jo Ann Seker stayed in Petitioner's home. Mark Seker also came to visit from Oregon. After the visit, Petitioner offered to be of assistance with Jo Ann Seker's affairs. (d) On several occasions after the January 2014 visit, Petitioner noticed various bruises on Jo Ann Seker, causing Petitioner concern about her physical health and mobility. (e)During the last six months, Petitioner noticed that Jo Ann Seker had last her hearing aids. After inquiring of about their whereabouts, he assisted her in the cost of replacing them. (e)Over the past six months, during his personal contact with her, Petitioner has observed Jo Ann Seker's loss of short term memory and capacity to make decisions regarding her finances and health. 8. It is believed that Jo Ann Seker has a diagnosis of dementia. 7. Petitioner is seeking a plenary guardianship of Jo Ann Seker because he believes that she is no longer able to make informed decisions regarding her medical or financial affairs. He also believes that her safety is at risk in her current situation. 8. Petitioner is Jo Ann Seker's son. He has no adverse interests to the Alleged Incapacitated Person. He is fifty-five (55) years old and is in good health. He is well suited to be her plenary guardian and his other siblings are in support of this request. 9. It is unknown if Jo Ann Seker has executed a valid Power of Attorney. Susan Staub indicated in the presence of Petitioner that she was the Power of Attorney, however Petitioner has never seen a copy of this document. As she may be an interested party, Susan Staub will be served a copy of this petition and the hearing date. 10. Petitioner has ongoing concerns regarding Jo Ann Seker's current care and situation because: (a)The persons living with Jo Ann Seker, namely, Susan Staub and Dierdre Lindenmuth, have been making it gradually more difficult for Petitioner to stay in contact and visit her. Jo Ann Seker indicated she "lost her laptop" and has ceased all electronic communication. She has also ceased communicating with extended family, such as her other children and grandchildren. (b) Petitioner has observed recent various physical improvements to Jo Ann Seker's home, however, said improvements appear to be related to re-opening the pool and to accommodate the other residents in the home. In the meantime, it appears to Petitioner that basic medical needs, such as hearing aids, are not being provided. (c) Petitioner believes that Jo Ann Seker has failed to pay bills and lost her insurance temporarily due to not making the payment. (d)Petitioner is extremely concerned about Jo Ann Seker's safety in the home, namely because, there are five (5) dogs in the home, four levels of stairs, the home is not maintained, and the other residents smoke inside the home. Petitioner was also told there was a microwave fire in the home. (e)On July 10, 2014, Petitioner tried to visit his Mother, Jo Ann Seker, in her home. The other two women in the home called the police. After Jo Ann Seker identified Petitioner, the police left and no charges were filed. Petitioner is very concerned that he will have little to no access to the home or communication with Jo Ann Seker from this point forward. (f)Petitioner has personally observed things which cause him concern about Jo Ann Seker's health, safety, and well being, including bruising on her shins, cuts on backs of her hands, loss of personal hygiene, and her increasing loss of short term memory and capacity to make decisions. 11. The income of Jo Ann Seker is believed to consist of social security and retirements, in the amount of about $20,000.00 per year. 12. The gross value of Jo Ann Seker's estate is unknown. She owns two houses as a joint tenant with right of survivorship, with Susan Staub, one in Maryland and the other home in which she lives, in Shiremanstown, Pennsylvania. To determine the value of her estate, these properties would have to be appraised. It is not know if she owns any other significant assets. 13. Petitioner is extremely concerned about Jo Ann Seker's health, safety, and well-being due the reasons stated in this petition and he feels that the appointment of him, Gregory W. Seker as plenary guardian is the only option to protect Jo Ann Seker's health and property. 14. The guardianship would protect Jo Ann Seker from unscrupulous or designing persons that may take advantage of her. 15. Petitioner requests to be appointed plenary guardian. WHEREFORE, in order to prevent irreparable harm to the estate and health of the alleged incapacitated person, Petitioner respectfully requests this Honorable Court appoint him to be the plenary guardian of the estate and person for Jo Ann Seker. Respectfully submitted: Date: I ?. No. 794665 Adams Esquire st South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: -7/✓7/�l Greg . S er, Petitioner