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HomeMy WebLinkAbout05-08-08IN RE: IN THE COURT OF COMMON PLEAS OF PAUL SHEARER KONHAUS, III :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO: ~~I - ~~~ C~.~~1`~ PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN ACCORDANCE WITH 20 PA. CONS. STAT. & 5511 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: 1. Petitioners are Paul S. Konhaus, Jr., and Melissa J. Konhaus, parents of Paul Shearer Konhaus, III, the "alleged incapacitated person". 2. Paul Shearer Konhaus, III, the alleged incapacitated person, was born on October 6, 1981, is presently 26 years of age, unmarried and resides at 612 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The following persons are to the best of Petitioners' knowledge, information and belief the only living next-of--kin and presumptive adult heirs of the alleged incapacitated person: Paul S. Konhaus, Jr. (Father) 612 South Broad Street Mechanicsburg, Pennsylvania 17055 (717) 766-1195 LAW OFFICES SNELBAKER 8C BRENNEMAN. P.C. Melissa J. Konhaus (Mother) 612 South Broad Street Mechanicsburg, Pennsylvania 17055 (717) 766-1195 Kelly S. Fickett (Sister) 2731 South Rosegarden Boulevard Mechanicsburg, Pennsylvania 17055 (717) 766-0186. n r-F ~ -. ? 1;7 ~,. ,, ('-" _ -- rr i = E - -- - 1. .'. CIS ~ ~ ~t _... , ;'7 ~~-_ ,_ ~ ;- '? ~ _ r_, w _ 4. The name and address of the institution providing residential rehabilitation services for the alleged incapacitated person is HEALTHSOUTH Regional Specialty Hospital at 4950 Wilson Lane, Mechanicsburg, Pennsylvania 17055. 5. To the extent known by Petitioners, the sole tangible assets of the alleged incapacitated person is a ten-year old Nissan Maxima automobile having a value of approximately $2,500 and his personal clothing and effects. 6. Petitioners estimate the alleged incapacitated person's annual earning ability to be $50,000.00 as wages when employed. He has no income presently. 7. The alleged incapacitated person was not a member of the armed services of the United States. 8. The alleged incapacitated person suffers from, an anoxic brain injury as more fully described in a copy of the physician's diagnostic report attached hereto marked "Exhibit A" and incorporated herein by reference thereto. 9. Because of his mental and/or physical condition, the alleged incapacitated person is totally unable to manage his financial affairs, property and business, and is unable to make and communicate responsible decisions relating thereto, including the ability to communicate his need for assistance in these areas. 10. Because of his impaired mental and/or physical condition, the alleged incapacitated person lacks the capacity to make or communicate responsible decisions concerning his person and is unable to make decisions in his own best interest. 11. Petitioners have not considered alternatives to the appointment of a guardian of LAW OFFICES SNELBAKER SC BRENNEMAN, F.C. the estate inasmuch as there are no other legally constituted facilities available for management of the alleged incapacitated person's property and personal affairs. 2 12. The severity of the alleged incapacitated person's mental and/or physical condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of his estate be appointed to manage and handle all aspects of the alleged incapacitated person's estate, specifically including, but not limited to: all issues relating to money matters, his personal property, his entitlement to any governmental and non-governmental disability benefit plans, the execution of documents, entry into contracts affecting him and the payment of reasonable compensation or costs to provide services for him. 13. Petitioners have not considered alternatives to the appointment of a guardian of the person since none exist. 14. The severity of the alleged incapacitated person's mental and/or physical 'condition and the lack of viable less restrictive alternatives, necessitate that a plenary guardian of his person be appointed to handle all issues relating to the person of the alleged incapacitated person, specifically including, but not limited to: his living arrangements, his medical care, the administration of medication to him and the employment and discharge of physicians, dentists, (nurses, therapists and other professionals for his physical and mental treatment and care. 15. The proposed plenary guardian of the person and estate of the alleged incapacitated person is Paul S. Konhaus, Jr., father, of the alleged incapacitated person, who firesides at 612 South Broad Street, Mechanicsburg, Pennsylvania 17055. 16. The proposed guardian of the estate is 53 years of age and is a business person engaged as a manager of Konhaus Marketing and Communications, LLC, at 3544 Old Gettysburg Road, Camp Hill, Pennsylvania 17011. LAW OFFICES SNELBAKER & 17. The proposed plenary guardian has no interest adverse to the alleged incapacitated BRENNEMAN, P.C. 18. The consent of the proposed plenary guardian is attached hereto as Exhibit "B". 19. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 20. No other guardian has been appointed for the estate or person of the alleged incapacitated person. WHEREFORE, Petitioners respectfully request this Court to award a citation directed to Paul Shearer Konhaus, III, the alleged incapacitated person, and to such other persons as this Court may direct, to show cause why he should not be adjudged a fully incapacitated person, and that Paul S. Konhaus, Jr., be appointed plenary guardian of his estate and his person. ~a~s ~,~~.. !~ Paul S. Konhaus, Jr. (Petitioner) `~'~ ~ ~ ~_ ~Gi M issa J. Ko s (Peti~ner) SNELBAK & BRENNEMAN, P.C. By G~~t-- Richar C. Snelbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorney for Petitioners LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. 4 VERIFICATION We, Paul S. Konhaus, Jr., and Melissa J. Konhaus, the Petitioners, in the within action, ;reby verify and certify that the facts set forth in the foregoing Petition for Adjudication of .capacity and Appointment of Plenary Guardian of the Estate and Person in Accordance with PA. Cons. Stat. Ann ~' 5511 are true and correct to the best of our knowledge, information and ;lief. We understand that any false statements made herein are subject to the penalties of 18 Pa. .S. § 4904 relating to unsworn falsification to authorities. Paul S. Konhaus, Jr. ssa J. Ko us May g" , 2008 LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. 5 H~c~,rsov~r Regional Specialty Hospital May 2, 2008 To Whom It May Concern: Paul Konhaus III has been a Patient at Health South Regional Specialty Hospital since April 16, 2008. He was transferred here from Harrisburg Hospital after suffering an anoxic brain injury. Paul is currently on ventilator support. He has had and continues to have many medical issues. He remains totally dependent for his self care. He is unable to move to roll or sit up by himself, and is not standing. Paul at this time is alert, but his comprehension is severely impaired. He is able to follow simple one step commands inconsistently. His attention span is very limited. He is receiving physical, occupational, and speech therapy on a daily basis. Due to Paul's cognition level at this time he is unable to make medical or financial decisions for himself. He needs someone to make everyday decisions for him and to handle his financial affairs. It has been suggested to his Parents that they obtain legal guardianship to assist with dealing with Insurance companies and handling Paul's finances. Sincerely, Lawrence Zimmerman MD 4950 Wilson Lane • Mechanicsburg, PA 17055 • 717 697-7706 • Fax 717 790-8635 EXHIBIT A ~ ~; IN THE COURT OF COMMON PLEAS OF PAUL SHEARER KONHAUS, III :CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No: ~ ~ - C~~ - v5 ~~ EXHIBIT B CONSENT OF PROPOSED GUARDIAN I, PAUL S. KONHAUS, JR., do hereby consent to serve as plenary guardian of the Estate and Person of Paul Shearer Konhaus, III. . ~,~- ~ ~~ Paul S. Konhaus, Jr. . Dated: M Z`( S` , 2008 LAW OFFICES SNELBAKER EC BRENNEMAN, P.C.