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Home My WebLink About03-09-06 ~ - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: APPOINTMENT OF A GUARDIAN OF THE ESTATE AND PERSON OF ROBERT SHUMAN, A/KIA ROBERT M. SHUMAN an alleged incapacitated person No. <-).., \ - \:J ~ - 'J J.. \. '\ . . . . . } ! './:) -;":",.. ( ".] PETITION FOR APPOINTMENT OF CO - GUARDIAN OF THE ESTATE AND THE PERSON IN ACCORDANCE WITH 20 PA CSA SEC. 5511 i.";' TO THE HONORABLE JUDGES OF SAID COURT: 1. The Petitioners are Daniel Shuman, James Shuman, and Wanda Perri who are all of the children of Robert Shuman a/k/a Robert M. Shuman, the alleged incapacitated person. The Petitioners reside as follows: Daniel Shuman resides at 700 S. Mountain Rd., Dillsburg, PA 17019; James Shuman resides at 1 069A Allendale Road, Mechanicsburg, PA 1 7055. Wanda Perri resides at 3084 Tippery Road, Alexandria, PA 16611 2. The alleged incapacitated person has no power of attorney and there have been no previous Petitions for appointment of a Guardian of the person or Guardian of the Estate. 3. The alleged incapacitated person is age 82 years, having a date of birth of April 24, 1923 and the aledged incapacitated person social security number is 191-18-4568, currently residing at Health South, 175 Lancaster Blvd. Mechanicsburg, PA 17055, having a last address as 411 Gettysburg Pike, Mechanicsburg, PA 17055. Rt - - 4. The following persons are the alleging incapacitated persons only living next of kin: A. Daniel Shuman, an adult individual, a son, whose address is, 700 Mountain Rd., Dillsburg, PA 17019,one of the Petitioners herein B. James A. Shuman, an adult individual, a son, whose address is, 1669 A Allendale Way, Mechanicsburg PA, 17055, one of the Petitioners herein C. Wanda Perri, an adult individual, a daughter, whose address is, 3084 Tippery Rd. Alexandria, PA 16611, one of the Petitioners herein 5. The assets of the alleged incapacitated person are as follows at estimated approximately $160,000.00 plus real estate which is assessed at $154,950.00 in addition the alleged incapacitated person owns two vehiclels: pickup truck with an estimated value of $2,000.00 and a vehicle with an estimated value of $5,000.00. A copy of the real estate taxes and the county assessment are attached hereto as Exhibit IIAII and incorporated herein. 6. The alleged incapacitated persons monthly income is social security which is estimated to be somewhere around $900.00 per month and any small amount of interest that the alleged incapacitated person receives per year. 7. The alleged incapacitated person is suHering from the consequences and symptoms of dementia which is presently described as mild dementia by his family physician Dr. Delafuenta and disables him mentally from functioning in a cognitive way. A copy of the doctorls report is attached hereto as Exhibit IIBII. 8. He can not make intelligent decisions and lacks the ability to fully understand the consequences of his actions or decisions, 9. Furthermore, he suHers from paranoia such that he fears that anything he signs might cause him to loose everything he owns, 10. Furthermore, he appears to the family to be subiect to the risk of being taken advantage of by reason of his above described condition, 2 - - 11. The proposed guardians of the Estate and Person of the alleged incapacitated person are your Petitioners, Daniel Shuman, James Shuman, and Wanda Perri who are all of the alleged incapacitated person's children. 12. Attached hereto as Exhibit "(" and incorporated herein by reference is a copy of the Last Will and Testament for the alleged incapacitated person which leaves everything to all of his children. The prior Will also left everything to all of his children but only had one Executor which was the oldest son Daniel Shuman and a recent change in January made all of the children the Executors of his Estate. 13. Your Petitioners have no personal adverse interest to the alleged incapacitated person. 14. Your Petitioners have assisted the alleged incapacitated person in obtaining the appropriate medical and health care for him, when their father allows them to do so. 15. Your Petitioners will continue to cooperate to provide the full and adequate measures for the care and needs and protection of their father the alleged incapacitated person, when their father allows them to do so. 16. Attached hereto and incorporated herein by reference is the family Physician's report which described the condition of Robert Shuman a/k/a Robert M. Shuman, the alleged incapacitated person. 17. By reason of the current diagnosis and prognosis that his condition of dementia is likely a permanent and worsening condition for Robert Shuman, the alleged incapacitated person, it appears that the Petitioners will have to assist their father in obtaining the appropriate level of living care, which level is not known at this point as their father Robert Shuman is recovering from knee replacement surgery in Health South. 18. Your Petitioners will continue to provide what ever measures are for the benefit care and protection of their father, Robert Shuman, the alleged incapacitated person who is disabled as follows: A. The alleged incapacitated person has suHered disability to his memory and his ability to process information and therefore cannot assist himself in his own care and medication. 3 B. The alleged incapacitated person by reason of his mental disability, cannot take care of his proper nutritional nor hygiene needs. C. The alleged incapacitated person by reason of his mental disability cannot drive whatsoever and all items necessary for his care and nutrition must be obtained for him. D. The alleged incapacitated person does not nor cannot recognize his OWn needs. E. The alleged Incapacitated person is unable to read his mail nor any other papers or documents as he cannot process nor comprehend what is written. F. The alleged incapacitated person is currently in Health South with full caretakers until he can recover physically from his knee replacement surgery and then he will need some level of care upon release, which is to be determined. 19. The family physician Dr. Delafuenta for Robert Shuman, the alleged incapacitated person, has already written ta Penndot to recommend the removal of the alleged incapacitated person's driving priVileges a copy of said notice from Penndot is attached hereto and incorporated herein by reference; as exhibit "0". 20. The family physician Dr. Delafuenta for Robert Shuman the alleged Incapacitated person recommends that a Guardian be sought to take care of Robert Shuman with resped to his adivities of daily living and manage his financial assets or aHairs. 21. No other Court has ever assumed lurisdicflon In any proceeding to determine the capacity of the alleged incapacitated person. 22. The consents of Daniel Shuman, James Shuman, and Wanda Perri to act as Co - Guardians of the Estate and the person of Robert Shuman are attached hereto as Exhibit "E'I and incorporated herein by reference. 4 23. The alleged incapacitated person has no surviving parents nor wife, nor any other children. 24. Failure to appoint a Guardian to the Estate and the person of Robert Shuman, the alleged incapacitated person, will result in a irreparable harm to his person and his aHairs. 25. Your Petitioners seek Guardian of the Estate and Person for their fother the alleged incapacitated person, In order to be able to fully provide for his care, protection, and needs. Consents of each Petitioner is attached hereto and incorporated herein by reference. WHEREFORE, your Petitioners respectfully request this Honorable Court to award a citation directed to Robert Shuman, the alleged Incapacitated person, to show cause why Robert Shuman should not be iudged an incapacitated person and your Petitioners Daniel Shuman, James Shuman, and Wanda Perri the appointed Co - Guardians of his Estate and person. Respectfully Submitted, By: Richard C. Rupp, Esq. Sup. Court I.D. No. 34832 355 N. 21st St., Suite 201 Camp Hill, PA 17011 (717) 761-3459 Attorneys for Petitioners 5 ~ , - , , EXHIBIT IIA" . - Page 1 of 1 . Detailed Results for Parcel 42-29-2456-004. in the 2004 Tax Assessment Database DistrictNo 42 Parcel_ID 42-29-2456-004. MapSuffix HouseNo 411 Direction Street GETTYSBURG PIKE Owner! SHUMAN, ROBERT M C/O Prop Type R PropDesc Liv Area 2160 CurLandVal 36090 CurImpVal 118860 CurTotVal 154950 CurPrefVal Acreage 1.01 CIGrnStat TaxEx 1 SaleAmt SaleMo SaleDa SaleCe SaleYr DeedBkPage YearBlt 1940 HF _File_Date HF _Approval_Status http://taxdb .ccpa.net/ details.asp ?id=4 2- 29- 24 5 6-004 .&dbselect= 1 3/3/2006 , ".'.,~. f"'..'~"'if-! 2005-66 REAL ESTATE TAX NOTICE ~* SCHobL ** JULY 1 2005 .I~CHANICSBURG SCH DIST-U.A. TWP ,::;/.L_, .-.~ MARLIN A. YOHN, SR., TREASURER 6 HICKORY LN MECHANICSBURG PA 17055 PHONE 766-4238 * OFFICE AT U.A.TWP. MUNICIPAL BLDG, 100 GETTYSBURG PIKE SCHOOL ,RIE '1,Q:],2.830 1,948.25 1,988.01 2,:I.8fj.81 ACCT NO 42-29-2456-004 SHUMAN, ROBERT M 411 GETTYSBURG PIKE MECHANICSBURG PA 17055 IF , THIS BILL TO YOUR MORTGAGE COMPANY fAX '{FMI 1 54 " 9 5 0 '4656 WED & THURS 10 AM TO 2 PM ALSO WED 6-9 PM KEEP #1 COPY-RETURN #: COpy WITH PAYMENT. FOR RECEIPT RETURN BOTH WITH STAMPED ENVELOPE. '\?;,P DISCOUNT !FACE J?~~AJ:.T.Y 1,948.25 1,988.01 2 ,.lJ~6! 8J 411 GETTYSBURG PIKE LAND ReSidential BUilding IF UNPAID BY 12/15/05 TAXES WILL BE TURNED OVER TO CUMBERLAND CO. TAX CLAIM BUREAU. $1.00 FEE FOR ADD'L RECEIPTS REQUESTED 2005-06 REAL ESTATE TAX NOTICE ** SCHOOL ** ~'A;{~c;!!GlliiA~Att~MICSBURG SCH DIST-U .A. TWP MARLIN A. YOHN, SR., TREASURER 6 HICKORY LN MECHANICSBURG PA 17055 PHONE 766-4238 * OFFICE AT U.A.TWP. MUNICIPAL BLDG, 100 GETTYSBURG PIKE (.iciiiliii.'==RLK r !..lo."':11 2..-8 :io.'AL i 1, 948. 251 1,988.011 2 , J.8,.6 . BJ,i ACCT NO 42-29-2456-004 ";[. '.f> SHUMAN, ROBERT M 411 GETTYSBURG PIKE MECHANICSBURG PA 17055 _ml~~~lIJ'~_~~ IF TAXES ARE IN ESCROW, FORWARD THIS BILL TO YOUR MORTGAGE COMPANY DATE JULY 1 2005 '\:;$f,m;~~H,IT all.!, NO C; I,,',':,' WED & THURS 10 AM TO 2 PM ALSO WED 6-9 PM KEEP #1 COPY-RETURN #2 COpy WITH PAYMENT. FOR RECEIPT RETURN BOTH WITH STAMPED ENVELOPE. 154,950 4656 'y,,1" =.~r~'~~~';~:~~~:'~~~=:~~I' p~lill;~Gn!j~;~E!lII)O.. ; I I ' /DISCOUNT JULY-AUGUS~ FACE ISEPT-OCT: ..iEEllALTY....iNOV-DEe ; 1,948.25 1,988.01 ,2,1.B6.8L <1P'e'l,!TEll "l!I>VC\IR CO~V.NIENC. P.W THIS AM()UNT - '_H_._ __. ._.._n "_"~"'.~_.__'____~ ..._.__ 411 GETTYSBURG PIKE LAND ReSidential BUilding IF UNPAID BY 12/15/05 TAXES WILL BE TURNED OVER TO CUMBERLAND CO. TAX CLAIM BUREAU. $1.00 FEE FOR ADD'L RECEIPTS REQUESTED . . . . - EXHIBIT lIB" - FAMILY / INTERNAL MEDICINE ASSOCIATES, P.e. 6MARKETPLAZA WAY MECHANICSBURG, PA 17055 Phone: (717) 766-0228 Fax: (717)766-8122 Carlos F. Delafuente, MD. David S.Zimmerman, MD" February 21,2006 To Whom It May Concern: RE: Robert M. Shuman DaB: 4/24/1923 I have been Mr. Robert Shuman's physician for the past nine years. Mr. Shuman has shown signs of dementia that gradually have become worse. Mr. Shuman's dementia has now progressed to a state that interferes with his process of understanding and decision making. This condition makes Robert susceptible to being taken advantage of, especially financially. It had been reported to me that recently while driving, Robert became disoriented and lost in an area where he grew up. On 2/7/2006 I recommended to Pa DOT that Robert's license be revoked as he poses a hazard to himself and others on the road. Sincerely, ~ ~?:-./~ . ./ Carlos F. Delafuente, M.D. . . . . -- EXHIBIT lIe" - LAST WILL AND TESTAMENT OF ROBERT M. SHUMAN 1, ROBERT M. SHUMAN, of the Township of Upper Allen, County of Cumberland and State of Pennsylvania, being of sound and disposing mind, memory and understanding, do make, publisll1Ud declare this my Last Will and Testament, hereby revoking and making void any and all Fonner Wills by me at any time heretofore made. 1. I direc1 the payment of all my just debts and funeral expenses as soon after my decease as the same can be conveniently done. 2. [give, devise and bequeath all the rest, residue and renainder of my estate, real, personal alld mixed, whatsoever and wheresoever the same may be situate, to my three (3) children, to wit, my son, JAMES M. SHUMAN, my daughter, WANDA J. PERRI and my son, DANIEI.R. SHUMAN, share and share alike, per stirpes. For the purpose of facilitating the settlement and distribution of my estate, I authorize, empower and direct my Executors hereinafter named, to sell any and all real estate which I may OWn at the time of my decease, as well as my personal properly, at either public or private sale or sales. - 1 - ~1 U - 3. LASTL Y, I nominate, constitute and appoint my three (3) children, to wit, my son, JAMES M. SHUMAN, my son, DANIEL R. SHUMAN and my daughter, WANDA J. PERRI, Co-Executors of this my Last Will and Testament and direct that they be excused from posting bOll: ar other security for the faithful performance of their duties, in any jurisdiction. IN WITNESS WHEREOF, I have hereunto set my hand and seal this :< -J day of January, A. D. 2006. ,j ;~~f-~11 , ~/~-t--t,-1/lr~';:(SEAL) Robert M. Shuman ~ 1. COMMONWEALTH OF PENNSYLVANIA) : SS COUN1Y OF CUMBERLAND) I, ROBERT M. SHUMAN, the testator, whose name is signed to the attached or foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the same instrument as my Last Will and Testament; that I signed it willingly, and that I signed it as my free and voluntary act and deed, for the purposes therein expressed. Sworn and subscribed to before me this 741- day of January, 2006. ~. #! '11~ Notary Public ~ /~ :!=~/. /I?;J)'~L) / Robert M. Shuman NOTARIAl SEAL HEIDI M. NElSON, Notary Public Mechanlcsburg Bora, Cumber1ar~(f co. My Commission Expires June 27, 2007 COMMONWEAL TH OF PENNSYL VANIA) : SS COUNTY OF CUMrnERLAND) We, the undersigned, J. ROBERT STAUFFER and JOHN M. EAKIN, the witnesses whose names are signed to the attaciled or foregoing instrwnent, bei!1g duly qualified according to law, depose and say that we were present and saw the testator, ROBERT M. SHUMAN, sign and execute the instrument as his Last Will and Testament; that the said testator executed it as his free and voluntary act for the pUrposes therein expressed; that each of us, in the hearing and sight oflhe testator, signed the Will as witnesses; and that, to the best of our knowledge, the testator was, at the time, eighteen (I 8) or more years of age, of sound mind, and under no constraint, duress or undue influence. Sworn and subscribed to before me this 3f.eC day of January, 2006. ~-~~ Notary Public . NOTARIAL SEAL M~~fc;;.~~, ~~~ My CommiSSion Expires June 27, 2007 - 3 - , , - , . EXHIBIT lID" - Pll3 (4.93) In, ~ DEPARTMENT OF TRMJSPORTATlON BUREAU OF DRIVER LICENSING ran BURFAU USE ONLY INITIAL REPORTING FORM (Print or Type nequested Inform Rtlonj Dale Rrceivcd --------~- Driver # - .'- --.. ~---'-'--- Reference DEAR PROVIDER: Although the Departme'lt seeks YOllr judgement ab0ut your patient's medical fitn"os 10 safell' opera!" a motor vehicle, the decision about your palienl's driver's license is a responsibili" of the [I parlmenf's Bureau of Driver Lirrmsing which must also take into 'lCcounl other consideralions. Plr'lse compl! .e Sections A, B, C, and D. --- -.--------- _. ---.----- -..- --- ---.--... --- 'PATIENT INFORMATION LAST NAME '\kvnf51/ if I r FIRST NAME DME OF BlnTH --.--...- - - ~-T-~- ."'DD~,^"'__"~:''" l~~~t Cell '( J ~v'\ G: r L, 0 \7C-l\ '\ ADDRESS fl-( I ,-. -f. r f\ u (., 1 '\) IJ {t (. \",1, /71.J )' DATE ~F EX^MINATION: "ZF-{O C; DIAGNOSIS OF DISORDER OR DIS^BIl/TY: Please Check (v) appropriate items o loss", Impai,men' 01 a Fool, leg, Finge" Th"mh,,", Hand.. Condilion'___ . '.__. _ _ _ _ ___ ,,_._ o Unstable Diabetes o Cerebral Vascular Disease o Cardiovascular Disease o Loss of Consciousness - Cause: o Neurological Disorder I o Mental Deficiency or Marked Menfal Retardation o Mental or Emotional Disorder o Alcohol Abuse o Drug or Controlled Substance MJuse o Vision Deficiency ~O'he' Medical Condilion which would Inl,,'e,e wilh 'he pali'nl" abilil, 10 d,i"e. . "'rlain, ,-1>. 'to ':ti:aLs! A .--.-------- ~_._.,-----.._~- o Commenls: ----- --Z~:-- ---- "'i '..- Do these conditions affectlhe patient's ability, from a medical stctndpoint only, fo ~ 'feil operat!' a m(}fflr-" vehicle?>.(YES 0 NO .------ -- ~---- .~----.----.- ----..----- Seizure Disorder: 0 YES 0 NO Date of Last Seizure:____ Does the patient meet any of the Department's waiver requirements? 0 YES 0 NO If yes, please explain '.M -_._-~_.. "----- ~_Y:':':"c"'.'.'C' 'llINFOR~_~IION IS CONFIOENTlAI.}AS rnOVIDED '::"::~~Hr~lE ~~ ~ECTION 1~ ~ '" c) 12- j) G LA Tv t ~.jC: t"l)) _ X ~ -Z ::-. =~ ~ PLEASE PRINT _ u.. S'GN^ lURE OF PROVIDER 'ICATlON OR SPECIALITY ~n S ADDRESS ~"/'~L ~SJ(C-..Ilvlc' _L 0' f 7^f,~<E\ fL/Y2-1\ LV~"\, \ hSc.t1.&rv,'CJpv.'1 '~:~ h'V - O'7Gn .- L-- ~:.~~: (7 I 7 ) 7C~ L; i:.'2.SI1~~~,,] '. 'm la,' 07 .. DRIVER LICENSING. DRIVER QUALIFICATIONS SECTION. P.O. BOX 68682 . HARRISBURG, PA 17106-8611;> , . - , . EXHIBIT lIE" GUARDIAN'S CONSENT I, Daniel Shuman, consent to be a Co - Guardian of the Estate and a Co - Guardian of the Person for Robert Shuman, my father, the alleged incapacitated person. Date: :) - LL - 6 b t)\~I2~ Daniel Shuman - GUARDIANIS CONSENT I, Wanda Perri, consent to be a Co - Guardian of the Estate and a Co - Guardian of the Person for Robert Shuman, my father, the alleged incapacitated person. Date: .J k ~ ~ '2. " Wanda Perri - GUARDIANIS CONSENT I, James Shuman, consent to be a Co - Guardian of the Estate and a Co - Guardian of the Person for Robert Shuman, my father, the alleged incapacitated person. Date: ]- t.-/ -- () (p ~A!eA'~~ . Umes Shuman .. - VERIFICATION I, Daniel Shuman, verify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. The undersigned understands that false statements herein are made subiect to the penalties of 18 Pa. C.S.A 4904 relating to unsworn falsification to authorities. Date: 3-Lj-OG fJ~;<~ Daniel Shuman VERIFICATION I, Wanda Perri, verify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. The undersigned understands that false statements herein are made subiect to the penalties of 18 Pa. C.S.A 4904 relating to unsworn falsification to authorities. Date: .J k ~ ~J fJ2A Wanda Perri VERIFICATION I, James Shuman, verify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. The undersigned understands that false statements herein are made subiect to the penalties of 18 Pa. C.S.A 4904 relating to unsworn falsification to authorities. Date: s - 1- () (p ~~, James Shuman