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HomeMy WebLinkAbout05-18-06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ~, -("to' 41..f 0 ORPHANS' COURT ESTATE OF JOHN NYE, III PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE JOHN NYE, III TO BE INCAPACITATED AND TO APPOINT SARA JANE NYE AND LORRAINE ANN HUMER AS CO-GUARDIANS FOR HIS PERSON AND HIS ESTATE TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of Sara Jane Nye and Lorraine Ann Humer respectfully represents that: 1. Your Petitioner, SARA JANE NYE, is an adult individual (78 years of age) ~ho resides at 1441 Hillcrest Court, Apartment 208, Camp Hill, Cumberland County, Pennsylvania. 17011. 2. Your Petitioner, LORRAINE ANN HUMER, is an adult individual (57 years of age) who resides at 5 Humer Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The alleged incapacitated person is John "Jackie" Nye, III, who resides 1441 Hillcrest Court, Apartment 208, Camp Hill, Cumberland County, Pennsylvania 17011. 4. The Petitioner, Sara Jane Nye, is Jackie's mother and caretaker. 5. The Petitioner, Lorraine Ann Humer, is Jackie's sister. 6. Your Petitioners are Jackie's closest known relatives. John Nye, Jr., Jackie's father, is deceased. 7. Jackie has been diagnosed with severe mental retardation since his birth on September 15, 1955. Attached to this Petition as Exhibit "A" is a letter from Dr. Elmer H. Miller, Jackie's doctor at birth and v during childhood, in which he opines that Jackie is mentally retarded and unable to care for himself and is in constant need of attention and guidance. 8. During weekdays, Mrs. Nye is able to send Jackie to the sheltered workshop at the Center for Industrial Training. Attached as Exhibit "B" is a letter from the Center for Industrial Training addressed to Mrs. Nye concerning Jackie's progress at the workshop. 9. Mrs. Nye petitions this Court to be named as Co-Guardian with her daughter and Jackie's sister, Lorraine Ann Humer, so that they can continue to take care of Jackie's legal, financial, and medical affairs. 10. Your Petitioners wish to be named Co-Guardians so that the alleged incapacitated would be taken care of well into the future. 11. The Petitioners believe and therefore aver that John "Jackie" Nye, III does not have the capacity to care for his affairs of daily living and needs a Guardian to be appointed to handle his person and his property. 12. It is believed that no other court has assumed jurisdiction in any proceedings to determine the capacity of John "Jackie" Nye, III. 13. Your Petitioners, Sara Jane Nye and Lorraine Ann Humer, are willing to accept the appointment as Co-Guardians of the property and person of John "Jackie" Nye, III. Attached is an Acceptance signed by the proposed Co-Guardians. 14. Currently, Jackie has income derived from two (2) sources. 15. Jackie receives $61.00 per month from the Department of Veterans' Affairs. Attached as Exhibit "C" is a letter referencing Jackie's eligibility for these benefits and references Mrs. Sara Jane Nye as custodian for Jackie. 17. Jackie also receives income from Social Security. Currently, this monthly benefit amounts to $519.00. Attached as Exhibit "0" is a statement from the Social Security Administration detailing Jackie's monthly benefit. WHEREFORE, your Petitioners pray that a Citation be issued to John "Jackie" Nye, III to show cause why he should not be adjudged to be incapacitated and the Petitioners should not be appointed as plenary Co-Guardians for his estate and person. Additionally, your Petitioners request that the Court schedule a hearing on this Petition. Date: :273810 1& (dp David . Deluce Attorney I. D. #41687 Elizabeth D. Snover Attorney I. D. #200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioners, Sara Jane Nye and Lorraine Ann Humer VERIFICA TION We, SARA JANE NYE and LORRAINE ANN HUMER, verify that the statements made in the foregoing Petition are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. sd:::J~2- ~(~~ LORRAINE ANN HUMER Dated: (i1~c s- ~()O (0 / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF JOHN NYE, III PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE JOHN NYE, III TO BE INCAPACITATED AND TO APPOINT SARA JANE NYE AND LORRAINE ANN HUMER AS CO-GUARDIANS FOR HIS PERSON AND HIS ESTATE ACCEPTANCE BY PROPOSED CO-GUARDIAN Lorraine Ann Humer, 5 Humer Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, hereby agrees to accept the appointment of plenary Co-Guardian of the person and estate of John Nye, III, if he is adjudged to be an incapacitated person by the Cumberland County Orphans' Court. t~~~ 0/VVn/ Ai ~ LORRAINE ANN HUMER Dated: rY)o.;j .:{'? GO &, I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF JOHN NYE, III PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE JOHN NYE, III TO BE INCAPACITATED AND TO APPOINT SARA JANE NYE AND LORRAINE ANN HUMER AS CO-GUARDIANS FOR HIS PERSON AND HIS ESTATE ACCEPTANCE BY PROPOSED CO-GUARDIAN Sara Jane Nye, 1441 Hillcrest Court, Apartment 208, Camp Hill, Cumberland County, Pennsylvania. 17011, hereby agrees to accept the appointment of plenary Co-Guardian of the person and estate of John Nye, III, if he is adjudged to be an incapacitated person by the Cumberland County Orphans' Court. ~~y- v Dated: S/r::/t?6