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Home My WebLink About09-15-14 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION �„ -� c� � IN THE INTEREST OF: • NO. . y��' �' � �° ::r� r`' � ; Z j-�� ' f/ 7� �'` �' `-'-' `� Q !-� � � --� �.� � MARY C. PELAIA : �J� '' � }—�` �� `� ' . �. r.�, � r-r-� r�t . ,`;j; �3 t� • ."; ° � 5:;� � . 'r . -t7 An Alleged Incapacitated Person : V�' � � =' ,.., ,� -- r� •-� � m -- o rn � -a � 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�_day of �P D}�,m ,�' , 2014, comes the Petitioner, Donald P. Pelaia, by and through his counsel, David D. Nesbit of 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. Petitioner, Donald P. Pelaia, is the son of Mary C. Pelaia, the alleged incapacitated person, currently residing at 116 Littleton Drive, Hanover, Pennsylvania, 17331. 2. The alleged incapacitated person, Mary C. Pelaia, is an adult individual Eighty- three (83) years of age, having been born on June 24, 1931. 3. The alleged incapacitated person is a resident of Cumberland County, Pennsylvania, who has been living at Emeritus at Creekview, 1100 Grandon Way, Mechanicsburg, Pennsylvania, 17050, for 2.5 years. She is not a patient of a mental hospital. She is a widow. 4. The following individuals are the alleged incapacitated person's next of kin: Donald P. Pelaia(son) Mark E. Pelaia(son) 116 Littleton Drive 116 Littleton Drive Hanover, Pennsylvania, 17331 Hanover, Pennsylvania, 17331 \� � Thomas J. Pelaia(son) Cathy R. Smith(daughter) 1 Baker Road 5535 Blakeslee Avenue Livingston,New Jersey, 07039 Harrisburg, Pennsylvania, 17111 Paul G. Pelaia (son) Marian J. Meola(daughter) 513 Monacacy Trail 12 Cavaillon Street Spring Grove, Pennsylvania, 17362 Newport Coast, California, 92657 5. The name and address of the individual or entity providing residential services to the alleged incapacitated person is as follows: Emeritus at Creekview, 1100 Grandon Way, Mechanicsburg, Pennsylvania, 17050. 6. The following entities or individuals are also presently providing services to the alleged incapacitated person: none. 7. To the best knowledge, information and belief of Petitioner, the Estate of the alleged incapacitated person consists of: a. Real Estate in York County with a fair market value of $180,000.00 b. PNC Primary checking account$14,900.00 c. Susquehanna Bank Checking Account $1,500.00 d. Members First Savings Account $46,373.00 8. The total of the foregoing non-real estate assets are sixty two thousand seven hundred and seventy three dollars ($62,773.00). 9. To the best knowledge, information and belief of Petitioner, the income from all sources of the alleged incapacitated person is: a. Social Security income $1,330.00 b. Survivor's Pension benefit $601.00 Her total monthly income,not including unknown interest income, is believed to be approximately$1,931.00. 10. The alleged incapacitated person was never a member of the Armed Services of the United States and is not currently receiving benefits from the United States Veterans Administration; however, she has submitted an application for Survivors Pension. 11. 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 financial resources or to meet essential requirements for her physical health and safety. 12. The name and address of the proposed guardian of the person and estate is as follows: Donald P. Pelaia, 116 Littleton Drive, Hanover, Pennsylvania, 17331. 13. The proposed guardian has no interest adverse to that of the alleged incapacitated person. 14. The physical condition and limitations of the alleged incapacitated person are as follows: suffers from Alzheimer's disease. 15. The alleged incapacitated person suffers from the following cognitive/psychological infirmities: Alzheimer's Disease 16. The following steps have been taken to find a less restrictive alternative than the appointment of a guardian: She is unable to grant a durable financial power of attorney and a representative payee could not manage her care or medical decisions or other assets. She does have a durable health care power of attorney and living will that were executed June 3, 2013. 17. A Guardian is sought over the following specific areas of incapacity: Plenary Guardian of the Person and Estate. 18. 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 placement in a Personal Care Home Memory Care Unity and confusion, is unlikely to be able to engage an attorney on her own. 19. The alleged incapacitated person has not granted a durable financial power of attorney to any person or entity and has no guardian previously appointed. However,the alleged incapacitated person has executed a durable health care power of attorney and living will, naming the proposed guardian as her Agent. This document is still valid and may still be used, but this document is not appropriate to assist with the management of the alleged incapacitated person's estate. 20. No court has ever assumed jurisdiction in any proceeding to determine the competency of the alleged incapacitated person. WHEREFORE, Petitioner prays this Honorable Court to issue a Citation direction 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. . Respectfully submitted, , ;�' GP_�_. David D. Nesbit, Esquire Pennsylvania Supreme Court ID No. 77411 Keystone Elder Law P.C. 555 Gettysburg Pike, Suite C-100 Mechanicsburg, PA 17055 (717)697-3223 Dave a,keystoneelderlaw.com 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 son 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: �o� /v r�D� BY: � ! � �� Donald P. Pelaia CONSENT OF PROPOSED GUARDIAN The undersigned hereby consents to his appointment as Guardian for the alleged incapacitated person, Mary C. Pelaia. The address of the undersigned is: 116 Littleton Drive, Hanover, Pennsylvania, 17331 The occupation of the undersigned is: ��1�C� �'e�i95��-��'�T'Tiru�: The undersigned speaks, reads and wntes 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: �F�T/o �/�/ BY: �� Donald P. Pelaia