HomeMy WebLinkAbout05-06-05
IN RE:
DANIEL W.PROSSER,
an alleged incapacitated person
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
DOCKET NO. ~ '\ - ~ S - ~ ~
,
PETITION TO ADJUDICATE AN INCAPACITATED PERSON AND
TO APPOINT PLENARY GUARDIAN OF HIS ESTATE AND PERSON
AND NOW, comes David A. Prosser (hereinafter "Petitioner"), by and through his counsel,
Gates, Halbruner & Hatch, P.C., and makes the following petition:
1. Petitioner is an adult individual who resides at 3611 Horsham Drive, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
2. Petitioner is the natural father of the alleged incapacitated person, Daniel W. Prosser.
3. Petitioner is employed as a freight conductor with Norfolk Southern, and he is on
disability leave pending his formal retirement..
4. Daniel W. Prosser was born on March 4, 1970, and is now 35 years of age.
5. Daniel W. Prosser has never been married and has no children or other issue.
6. Daniel W. Prosser's natural mother, Georgeene S. Prosser, is deceased.
7. Petitioner is the only living presumptive heir of Daniel W. Prosser.
8. Until the onset of the medical condition described below, Daniel W. Prosser was
domiciled with Petitioner in Cumberland County, Pennsylvania.
, --
9. Daniel W. Prosser currently resides at York County Nursing Home,E~ Plea~t
Acres Road, York, York County, Pennsylvania 17402.
\
C'"
-...<
~.."'._,
en
~ ")
s'<-
~
10. On July 14, 2003, Daniel W. Prosser collapsed with a seizure and was in cardiac
arrest when emergency medical technicians arrived.
11. Daniel W. Prosser was resuscitated but suffered brain damage which left him in a
persistent vegetative state.
12. Daniel W. Prosser is maintained by ventilator and PEG tube nutrition.
13. Daniel W. Prosser (a) requires assistance with all activities of daily living, (b) is
unable to receive and evaluate information effectively and communicate meaningful decisions, (c)
is unable to manage his financial resources and (d) is unable to meet essential requirements for his
physical health and safety.
14. Daniel W. Prosser has not signed a power of attorney or trust , and therefore, he does
not have an agent or trustee with the legal authority to make decisions on his behalf.
15. To the extent known by Petitioner, Daniel W. Prosser's assets consist solely of his
clothing and personal effects.
16. Daniel W. Prosser has no income, except for potential Social Security benefits which
Petitioner intends to apply for following his appointment as guardian.
17. The foregoing statements of assets and income are approximations. A formal
Inventory will be filed with this Court within three months of the date of the appointment of a
guardian, in accordance with 20 Pa.C.S. ~5142 and ~5521(b).
18. Petitioner is the proposed guardian of the estate and person of Daniel W. Prosser.
Petitioner's consent to serve is attached hereto as Exhibit "A" and incorporated herein by reference.
19. Petitioner has no interest adverse to the interests of Daniel W. Prosser.
2
20. No other court has assumed jurisdiction in any proceeding to determine the incapacity
of Daniel W. Prosser.
WHEREFORE, Petitioner respectfully requests that the Court enter an order awarding a
citation directed to Daniel W. Prosser, the alleged incapacitated person, with notice thereof to be
given to such other persons as the Court may direct, to show cause why he should not be adjudged
an incapacitated person and why Petitioner should not be appointed plenary guardian of his estate
and person.
GATES, HALBRUNER & HATCH, P.C.
BY: ~4~'~.
Mark E. Halbruner, Esquire
Supreme Court J.D. No. 66737
1013 Mumma Road, Suite 100
Lemoyne, P A 17043
(717) 731-9600
(Attorneys for Petitioner)
Date: S- -'2>- O~
3
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
DA VID A. PROSSER, being duly sworn according to law, deposes and says that the facts
set forth in the foregoing petition are true and correct to the best of his knowledge, information and
belief. Q~ ~
' . 't1 ~
DAVID . PROSSER
Sworn to and substbed
before me thisJ!': day
of ;lIat ~005.
uau'rl#:-/UVrc
Notary PublIc
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Traci L. Sepkovic. Notary Public
LeMoyne Boro, Cumberland County
My Commission Expires Mar, 18, 2008
Member, Pennsylvania Association of Notaries
,II-
',~ , ,-. ...f", ..~"- /~,~ /_
(., , ''''', I"..,
V ' .',
l(- ,,' . \ ( II '(' '>
;..,,: .' , ~ ')
.
;~,
. . (j .
, "
/. r . ..-,\';
,: Ii' '( r Ij v
IN RE:
DANIEL W.PROSSER,
an alleged incapacitated person
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
DOCKET NO.
CONSENT TO SERVE AS PLENARY GUARDIAN
I. I, DAVID A. PROSSER, hereby consent to act as plenary guardian ofthe estate and
person of my son, Daniel W. Prosser.
2. I now reside at 3611 Horsham Drive, Mechanicsburg, Cumberland County,
Pennsylvania 17050.
3. I am employed as a freight conductor with Norfolk Southern, and I am on disability
leave pending my formal retirement.
4. I am a citizen of the United States of America, and I can speak, read and write the
English language.
5. I have no interest adverse to my son, Daniel W. Prosser, the alleged incapacitated
person.
Q~.~4IU-
DAVID ~. PROSSER
Date: .s 1lt....
/