HomeMy WebLinkAbout02-12-15 Adam R. Deluca, Gsquire
Allied Attomeys of Central Pennsylvania, LLC
PA Supremc Courl ID # 311738 �
61 West Lo�ther Street �' � '� m
Cadisle, PA 170li � � �._^, �'�� o
(717) 249-1177 ��' �— � � ' �'i
(717)249-4514 (faa) �v � _;
adeluea�alliedattornevslLc com � _ �
Attome}� for the Petitioners � ._ —�
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IN THE COURT OF COb1MON PLEAS OF ' �,, c� l
CUMBERLAND COUNTY, PENNSYLVANIA � �"
IN THE MA"I'TER OF . ORPHANS' COURT DNIS[ON
MICHAELANN G. 6YRVE .
M Alleged Incapacitated Pe�son . No. �,� ��� � � ��C"�j
PF,TITION FOR ADJUDiCATIOn OF INCAYACITY
AND APPOINTMENT OF A GUARDiAN
AND NOW, come Petitioners, Gregory A. Byrne and Sherry L. Byrne, by and through
their attomeys, Allied Attomcys of Central Pennsyh�anil, L.L.C..by Adam R. Deluca, Esquire.
and hereby petitions for a� adjudieation of incapacity and appointment of guardia�s under 20
PaC.S. § SS] L, and in support thereof rep�esents as follows:
I. �fhe oame of the alle�,ed incapacitated person is MiehaelAnn E. Byme, hereinafter
mferred [o es Ms. Byrne.
2. Petitioners arc Grcgory A. Byme, father oC Ms. Byme,and Sherry L. Byrne,
mother of Ms. Byrne, residing at 4 Everb�een Lane, Mechanicsburg, Pennsylvania 17050.
3. Ms. Byme is single, I S years old, (DOB: December 12, 1996), and residing with
Petitioners at 4 Evergrecn Lane, Mechanicsburg, Peimsyh�ania 17050.
4. To the best of Petitioners' knowledge, i�formation and belief, Petitioners, who are
sui juris adults, are the only pe�sons who would be entitled to the alleged incapacitated persoti s
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estate if she died intestate at this time; the Petitioners' namc, address and relatio�ship to the
allcaed incapacitatcd person arc as follows:
Gregory A. Byme F'ather
4 Gvergreen Lane
Mcchanicsburg, PA 17050 '
Sherry L. Ryrne Mother
4 6vecgrecn La�e
Mechanicsburg, PA 17050
5. The name and address of Ms. Byrne's primazy physician is as follows:
Holly Hoffman, M.D.
CarLisle Pcdiatric Associates
804 Belvedere Street
Carlisle, PA 17013
6. The names and addresses of the persons/institutions who prov�ide caregiver
scrvices for Ms. Byrne at her�esidence a�e as follows:
Bayada I Iome HealUi Ca�e
Courtney Keller
Stacey Stockron
5001 Louise llrive, Suite 203
Mechauicsburg PA 17055
7. Gre�ory A. Bymc aod Sherry L. Byme are the proposed Guacdians of Ms. Byrne;
they eurrentfy reside at 4 Evergrec� Lane, Mechanicsborg, Pe�nsyfvania 17050.
8. Upon information and belief, Ms. Byrne has no assets, and the valoe of her estatc
is $0.
9. Cpo� information and belief, Ms. Byrne has a Third-Party Special Needs Trust
creatcd for her benefit with a current baLance of$2,I 53.57.
]0. Upon information and belief, Ms. Byme currently receivcs a Social SecuriTy
Uisability check in the amount of approximately $571.00 per month.
11. Sherzy L. Byrne serves as rcpresentetive payee foc Ms. Byrnes's Social Securit}�
beneFits.
12. Sherry L. Bpr��e uses the monthly Social Securiry check to provide clothing food,
care, items for pe�so�al nceds, recreational activities, and other essentials for Ms. Byme.
13. The alleged incapaci�ated person was never z member of the Armed Scrvices of
the United Statcs and has never received any benefits from the linitcd States Veterans
Administration or its successor.
14. Ms. Byme suffers from Reta-Propcllec Protein-Associated Ncurodeeeneration
(BPAN) and seizures.
I5. Due to Ms. Bymc suffering from BPAN and seizures, she is no[ capnble of
maki�o medical or fi�ancia] decisions.
16. 'Phe attending physiciun named above will be availablc to provide testimony via
telephone as to Ms. Byrnes's iocapacity.
17. Due to her condition, Ms. Byme is:
a. Unable to manaee her financial affairs;
b. Unable to mnke and communicatc responsible decisions relatin�, to her financial
affairs;
c. U�able to make responsible decisions concerning hec person, health, w°elfare, and
safety;
d. Unablc to communicate her needs conceming her health, welFare, and safety;
e. Unable to reside alone;
f. Cnablc to p�ovidc fo�her personal saFery;
o Giable to keep herself properly nou�ished and hydrated;
h. Gnable to tend m her persooal hygiene;
i. Onsble to medicatc herself;
j. UnabLe to make responsible decisions with regard to her medical care, ineluding
but not limited tq obtaining heaLth care serciees and eotering herself into a
hospital, wmalescent home, skilled care facility, residentinl care facility, or
similar i�stitution.
18. This proposed guardianship is in the best interest of Ms. Bcrne fo� the purpose of
medieal decisiotis and managentent of her financizl resourees.
19. Due to Ms Bymes's medical condi[ion, no less res[rictive alternative to a
guardianship is feasiblc.
20. The proposed �uardinns, Gregory A. Byrnc and Sherry L. Byrne, have no interest
adverse to Ms. Bvrne.
2L No court has ecer assumedjurisdiction in any proceeding to de[ermine
competency oY'the alleged incapacitated person.
22. No court has previously appointed a guardian for Ms. Byme.
23. 'Ihe type of guardianship soibht is plenary of Ms. Byrne's person and csta�e.
WHEREFORI�; [he Petitione�s, Grceory A. [3yrne and Shcrry L. Byme,pray the Court
to direct the attached citation to the alleged incapacitated person, with notice thereoCto her next
of kin and[o such other persons as the Court map direct, to show cause why slie shoidd not be
adjudicated an incapzcitated person and Grevoq� A. Byrne and Sherry L. Byme not be appointed
gnardia�s, cither bein�, able to act individually, of her person and cstate.
RespcetfuLLy Submitted,
�6�1 S
Date Adam R. Deluca, Esquire
Allied Attomeys of Central Pennsylvania, LLC
PA Supreme Court [D# 311738
61 West Louther Street
Cadisle.PA 17013
(7L7)249-1177
(717)249-4514 (fax)
adeluca«alliedattomevsllc com
Altomey for thc Peti[ioners
VI;RIFICATION
I. UREGORY A. [3YRNE AND SHERRY L. I3YRNE, hercby acl�nowledge that we have read
the foregoing petitio� and verify that the facts stated therein are true and correct to the best of mp
knowledge, information and belie£ I understand that false statcments made herei� are subject m
�he peoalties of l8 Pa. C.S. §4904, relating to unswom falsification to au[horities.
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Date Gr or � A yrne
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Date She , y e
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE MA"ITER OP' . ORPHANS' COURT DNISION
MICHAELANN E. BYRNE .
An ALleged Incapacitated Persoo . No,
CO�SENT OF PROYOSEU GUARDIAN
Gregory A. 6yrne and Sherry L. Byrne do hereby certify ihat they are willing to act as guardians
of the person and guardians of the estate of MichaelMn F.. Byrne, an alleged incapacitated
person, if the Court shall so appoint.
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Date: U/�� ._ By: ✓°. ✓'!�' _
Ur � o � A yme
Date: �—�P -�
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