HomeMy WebLinkAbout12-13-06
IN THE MATTER OF THE PERSON
AND ESTATE OF:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NANCY STUCK,
AN ALLEGED INCAPACITATED
PERSON
ORPHANS' COURT DIVISION
NO. 21-06-
PETITION FOR THE APPOINTMENT OF
EMERGENCY PLENARY GUARDIANS OF THE PERSON AND EST ATE
IN ACCORDANCE WITH 20 P.S. ~5513 AND FOR PERMANENT PLENARY
GUARDIANS OF THE PERSON AND ESTATE
PURSUANT TO 20 P.S. ~5511
AND NOW COMES THE PETITIONER, the Area Agency on Aging, in and for
Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who
represents and avers as follows:
1.
The Petitioner is the Area Agency on Aging, in and for Cumberland County, with
its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania.
2.
The alleged incapacitated person is Nancy Stuck, age 81, who curre~ly is
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residing at Colonial Pines Golden Age Home in Harrisburg, Dauphin co1~p ~
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The alleged incapacitated person is the owner, with her son, Donald, of real e~te
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located at 213 South Enola Drive, Enola, Cumberland County, Pennsylvania and she
resided there with him until she was hospitalized in July, 2006.
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4.
Nancy Stuck is also the owner of real estate at 211 South Enola Drive, Enola,
Cumberland County, Pennsylvania which contains a house and which has been
unoccupied for at least two (2) years, is in disrepair and continues to incur on going bills,
including but not limited to taxes and utilities.
5.
The only known relatives of the alleged incapacitated person are:
A. Donald Stuck- Son
213 South Enola Drive
Enola, PA.
B. George Stuck, Sr. - Son
203 Reed Drive
Marysville, PA 17053
6.
Nancy Stuck, has, for at least three (3) months, been incapable of managing and
caring for herself and her financial affairs.
7.
Nancy Stuck exhibits symptoms of mental incapacity, including but not limited to
dementia Alzheimer's type.
8.
Nancy Stuck's mental incapacity prevents her from managing and caring for the
affairs of her person and estate.
9.
On or about July 25, 2006, Nancy Stuck was hospitalized at Holy Spirit Hospital
after tests revealed that she was suffering from severe dehydration, malnutrition and
acute renal failure causing her physician to believe that her condition was life threatening.
10.
Investigation by Petitioner has determined that, prior to Nancy Stuck being
admitted to Holy Spirit Hospital, she had been left alone by her son, Donald Stuck,
between 3:30 A.M. when he left for work until approximately 5:30 P.M. when he
returned from work.
11.
Nancy Stuck was later transferred from Holy Spirit Hospital to HealthSouth on
August 1, 2006 where she received occupational and physical therapy.
12.
From HealthSouth, Nancy Stuck was admitted to Colonial Pines Golden Age
Home, a personal care home, which is located in Harrisburg, Dauphin County, P A.
13.
While at Colonial Pines Golden Age Home, her son, Donald, has taken her to
their home on numerous occasions.
14.
The Protective Services Worker for Petitioner visited Nancy Stuck on October 14,
2006 at her home and observed that the temperature in the house was cold, that she was
wearing a knit hat, that she was dressed in a sweatshirt and had a blanket wrapped around
her legs and she appeared to be cold.
15.
The Protective Services Worker for Petitioner has also determined that the
refrigerator at the home of Nancy Stuck had outdated food, moldy bread and soured milk
which she was eating.
16.
Petitioner also believes and, therefore, avers that there are serious concerns of
possible financial exploitation which may involve her son, Donald Stuck, who has
refused to produce requested financial records.
17.
The check book belonging to Nancy Stuck has, except for a short period of time
when it was under the control of her other son, George Stuck, been in the exclusive
control of Donald Stuck.
18.
Petitioner has determined that the house where she and Donald reside ran out of
oil several times during the past year.
19.
Petitioner avers that piles of unpaid bills have been found at both houses and that
one checking account which had an overdraft provision was so overdrawn that the
overdraft funds were used up.
20.
Nancy Stuck has the following financial accounts:
a. M&T checking account that has her son, Dop.ald Stuck's, name on it and
in which her state pension of approximately $700.00 per month is direct
deposited;
b. Commerce Bank checking account that is titled in her name and Donald
Stuck;
c. . Sovereign Bank check account in the name of Nancy Stuck and in which
her social security check of approximately $900.00 per month is direct
deposited; and
d. PSECU check and savings account in the name of Nancy Stuck and in
which an annuity check of approximately $69.00 a month is direct
deposited.
21.
Petitioner believes and, therefore, avers that Donald Stuck drives the automobile
owned by Nancy Stuck and for which she pays the car insurance.
22.
Nancy Stuck received a psychological evaluation from Amy Kucirka, Psy. D. and
the following diagnostic impressions were noted:
a. Pattern of neuro-cognitive deficits consistent with primary dementia;
b. Some decline in her basic orientation and short term memory skills;
c. Slight decrease in executive functioning with decreased verbal abstraction
skills and judgment; and
d. Presents with paranoia and delusions.
23.
The neuro-psychologist concluded that, given the level of neuro-cognitive
deficits, Nancy Stuck is not at this time competent to make decisions regarding her own
care and that she continues to have paranoia and impaired judgment.
24.
Petitioner believes and, therefore, avers, that Donald Stuck is planning on
removing his mother from Colonial Pines Golden Age Home and taking her to the state
of California.
25.
Petitioner believes and, therefore, avers that Nancy Stuck will be at risk of death
or irreparable harm if she is removed from Colonial Pines Golden Age Home without the
appointment of Emergency Plenary Guardian of her Person and Estate.
26.
Petitioner requests that it be appointed Emergency Plenary Guardian ofthe Person
and Estate of Nancy Stuck.
27.
The proposed Guardian has no interest which is adverse to the interest of Nancy
Stuck.
28.
Petitioner believes and, therefore, avers that Nancy Stuck does not already have a
Guardian.
29.
Petitioner asserts that Nancy Stuck is incapacitated as defined in Chapter 55 of the
Probate Estates and Fiduciaries Code.
30.
Because of her impaired mental condition, Nancy Stuck lacks the capacity to
provide for her own personal care and maintenance.
31.
Petitioner believes and, therefore, avers that Nancy Stuck only known source of
income is as stated hereinabove which totals approximately $1,669.00 a month.
32.
Because of her impaired mental condition, Nancy Stuck is unable to manage her
financial affairs, property and business and to make and communicate responsible
decisions relating thereto.
33.
A power of attorney would be a less restrictive alternative than Guardianship but
none exists to the knowledge of the Petitioner.
34.
No member of Nancy Stuck's family is in a position to assume responsibility as
Guardian of her Person and Estate.
35.
To Petitioner's knowledge, no previous application has been made for the order
herein requested or for a similar order.
36.
No other Court has ever assumed jurisdiction in any proceeding to determine the
incapacity of Nancy Stuck.
37.
Nancy Stuck, if discharged from Colonial Pines Golden Age Home without a
Guardian of her Person and Estate, would be unable to function on her own and Petitioner
believes and, therefore, avers that Nancy Stuck would be at imminent risk of serious
bodily harm because she is unable to live on her own without appropriate 24 hour care.
38.
The failure to appoint Petitioner as Emergency Plenary Guardian of the Person
and Estate of Nancy Stuck and later appoint Petitioner as Permanent Plenary Guardian of
her Person and Keystone Guardianship Services of 129 Market Street, Millersburg, PA.
as Permanent Plenary Guardian of her Estate would result in irreparable harm to the
person and estate of Nancy Stuck.
39.
To eliminate the imminent risk of harm to Nancy Stuck, Petitioner, if appointed as
the proposed Emergency Plenary Guardian of the Person and Estate of Nancy Stuck and
Petitioner, if appointed as Permanent Plenary Guardian of her Person and Keystone
Guardianship Services, if appointed as Permanent Plenary Guardian of her Estate, will
seek to place her in a nursing home or other appropriate facility because that is the least
restrictive alternative available for her.
WHEREFORE, the Petitioner respectfully requests that:
1. The Court appoint the Area Agency on Aging, in and for Cumberland
County, Pennsylvania as Emergency Plenary Guardians of the Person and Estate of
Nancy Stuck pending a final hearing on this Petition with such Emergency Guardians
having full power to place her in a nursing home or other appropriate facility and such
other powers and restrictions the Court deems proper;
2. Pursuant to 20 Pa.C.S.A. ~5513, the Court find that the emergency
necessitating the filing of this Petition will continue beyond seventy-two (72) hours from
the date of any Emergency Order;
3. Pursuant to 20 Pa.C.S.A. ~5513, the Court schedule a final hearing on or
within 23 days from the date of any Emergency Order; and
4. The Court appoint the Area Agency on Aging, in and for Cumberland
County, Pennsylvania as Permanent Plenary Guardian of the Person and Keystone
Guardianship Services as Permanent Plenary Guardian of the Estate of Nancy Stuck.
Respectfully Submitted,
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Antony L. D uca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, Pennsylvania 17007
(717) 258-6844
VERIFICA nON
I hereby verify that the facts and information set forth in the foregoing Petition for
the appointment of Emergency Plenary Guardian of the Person and Estate in accordance
with 20 P.S. ~5513 and for Permanent Plenary Guardian of the Person and Estate
pursuant to 20 P.S. ~5511 of Nancy Stuck are true and correct to the best of my
knowledge, information, and belief. I understand that any false statements contained
herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn
falsification to authorities.
Dated: l)ec@V..At,~...- 17 2A1ob
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Janet Paull