Loading...
HomeMy WebLinkAbout09-01-09 (2)0 IN RE: ADAMS, JENNIFER IN THE COURT OF COMMON PLEAS Alleged Incapacitated Person :CUMBERLAND COUNTY, PENNSYLVANIA ~, :CIVIL DOCKET NO.: ~I -U9 -oT~3o ~-~, ~b ~- ,ra, -, ORPHANS' COURT DIVISION ~= O cn i ' :' ' ~ '' <~ ~ ~. ~-- _..~. m . , PETITION FOR APPOINTMENT OF PLENARY GUARDIAN, c~c-~ .,~ `-~~;~~ `~._'~ C?~~~ ~ - , _ ._~ ~,-.; . -: AND NOW, comes the Petitioner, Elane Johnson, by and through her att~'ney, Johl~. Abom, Esquire of ABOM & KUTULAKIS, L.L.P., and files this Petition pursuant to 20 Pa.C.S.A. § 551 1, and in support thereof avers the following: 1. The alleged incapacitated person is Jennifer R. Adams (hereinafter "Ms. Adams"), date of birth February 28, 1976, with a former address of 141 Meadow Drive, Shippensburg, Cumberland County, Pennsylvania. 2. Ms. Adams is completely incapacitated due to anall-terrain vehicle accident on June 28, 2008. After spending three (3) months at Hershey Medical Center immediately following the accident, Ms. Adams was admitted to Manorcare Health Services, 940 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 3. Ms. Adams has resided at Manorcare since September 2008. Ms. Adams is currently in rehab after undergoing surgery on her legs in August 2009, but she will return to Manorcare in the near future. 4. Ms. Adams's physician at Manorcare, Dr. Darryl Guistwite, describes Ms. Adams as remaining in a "persistent vegetative state" and requiring "total care", with no meaningful way to communicate. See letter from Dr. Guistwite, attached as Exhibit "A". 5. Dr. Guistwite stated that Ms. Adams is unable to manage her own medical care or financial affairs and "it is unlikely she will regain capacity to manage these types of issues." See Exhibit "A". . ~ ~ ~ , 6. Ms. Adams lacks sufficient understanding or capacity to make or communicate decisions to meet the essential requirements for her health or safety or to manage her estate. 7. Petitioner is the biological sister of Ms. Adams, Elane Johnson (hereinafter "Petitioner"), of 308 Shepherd Lane, Shippensburg, Cumberland County, Pennsylvania. 8. Petitioner seeks a Plenary Guardianship over the Person and Estate because Ms. Adams is completely incapacitated and will remain incapacitated indefinitely. 9. Petitioner is legally qualified and suitable to be Guardian of the Person and Estate of Ms. Adams. 10. Petitioner has no interest adverse to Ms. Adams. 11. Petitioner has been informally making medical decisions for Ms. Adams and handling Ms. Adams's personal and financial affairs in a limited fashion since her incapacitation. 12. Ms. Adams is unable to collect Social Security disability payments, provide monetary support to her children or handle other financial affairs because she has no Guardian over her Estate to act on her behalf in these affairs. 13. Ms. Adams has no one to make official medical decisions on her behalf because she has no Guardian over her Person. 14. Petitioner seeks a Plenary Guardianship so she may manage Ms. Adams's affairs and act as Ms. Adams's representative before any authority, including Social Security, Manorcare Health Services and other medical and financial institutions. 15. Insofar as Petitioner is able to ascertain, Ms. Adams has no income and limited financial assets, which include a car and personal possessions. 16. There is presently no Guardian of the Person or Estate for Ms. Adams. 17. There is presently no known Power of Attorney for Ms. Adams. 18. Ms. Adams is married to Shawn Adams of 104 Clarkton Court, Lemoyne, Cumberland County, Pennsylvania. Ms. Adams separated from her husband in spring 2006, two (2) years prior to her incapacitation. 19. Ms. Adams's husband has been, and continues to be, completely uninvolved with Ms. Adams's affairs since their separation in 2006. 20. Ms. Adams has four (4) children, ranging in ages from one (1) year old to nine (9) years old. 21. Ms. Adams's oldest child is the child of her previous marriage to Richard Radle and currently resides with him in Elliottsburg, Pennsylvania. 22. Ms. Adams's two (2) middle children are children of her marriage to Shawn Adams and currently reside with him in Lemoyne, Pennsylvania. 23. Ms. Adams's youngest child resides with her father, Steve Carroll, in Shippensburg, Pennsylvania. 24. Petitioner's mother, Anna Lytle, resides at 129 Cottage Road, Shippensburg, Cumberland County, Pennsylvania. 25. Petitioner's father, Harold E. Lytle, Jr., resides at 865 Doggett Road, Forrest City, North Carolina. 26. Insofar as Petitioner is able to ascertain, the persons who are heirs under the intestacy statute in Pennsylvania are: Name Address Shawn Adams, Husband 104 Clarkton Court Lemoyne, Pennsylvania 17043 Dakota Radle, 9-year-old 2250 Mainnsville Road Daughter Elliottsburg, Pennsylvania 17024 Connor Adams, 4-year-old 104 Clarkton Court Son Lemoyne, Pennsylvania, 17043 Cayden Adams, 3-year-old 104 Clarkton Court Son Lemoyne, Pennsylvania, 17043 Destini Carroll, 1-year-old 11880 Mongul Hill Road Daughter Shippensburg, Pennsylvania 17257 27. Each of the above listed heirs will be notified of these proceedings. 28. Petitioner has notified Ms. Adams's parents, siblings, ex-husband and husband that she is seeking Guardianship over the Person and Estate and it is believed that none of these relatives has an objection. 29. The following named agency from which Ms. Adams is receiving care will be notified of these proceedings: Manorcare Health Services, 940 Walnut Bottom Road, Carlisle, Pennsylvania. WHEREFORE, in order to prevent irreparable harm to the estate and health of the alleged incapacitated person, Petitioner respectfully requests that she be appointed the Plenary Guardian over the Person and Estate of Ms. Adams in order to handle the personal and financial affairs on behalf of Ms. Adams and to make important medical and general health decisions for Ms. Adams. Date: ! ~ ~ Respectfully Submitted, ~- ABOI~I'& KUTU .L.P. John A. Abom, quire Attorney for Pe tioner Attorney I.D. 0.77961 2 West High Street Carlisle, PA 17013 (717) 249-0900 (717) 249-3344 Fax VERIFICATION I hereby verify that the statements contained in this Petitioner are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. 1. ~ ~. Date Elane Johnson, Petition r ,, , Ruh 26 2009 8: 59RM MbnorCare H ~>40 ~~'ainu= B~ Carlisle, P.~l 1' ?.'-X49-008 C11 JCXV1Ce5 om Road CRRLiS~ MH1n ham it may concern: r i r~~uub~ r p. Y Man~rCare Health Services ~ Jennifer Adams. arrived here in a persistent vegetative state, shoVVing ie awakening but not able to manage her issues medically, neither ision making or financial affairs. She is certainly not able to imunicate in meaningful ways enough to manage those issues. This is all ~ndary to an ATV accident. Also noted is a pulmonary nodule on her left K, which the family decided not to pursue any further workup. She has a ory of hypertension, respiratory failure with a trachostomy which has .e then been removed since admission here. Other diagnosis consistent of iety, depression and dysmenorrhea, also of concern is some vaginal ;ding which is also not being worked up by the family. Her .functional limitations involve total care for alI of her activities of y living, transferring, toileting, nutrition and dressing. Her present sisal and mental condition involves total care. She is unable to direct body else in management of her medical condition or her financial irs. Her long terra prognosis is still unknown at this time; it is unlikely will regain capacity to manage these types of issues. She is showing ~s of awakening more so then when she was admitted here, but she is still dominantly non verbal, Her response to painful and tactile stimulation as ~ as verbal stimulation includes opening her eyes amd trying to speak on ision, but for the roost part is unable to interact anymore then that. erely, Darryl Guistwite D.O. EXHIBIT 7'L CERTIFICATE OF SERVICE AND NOW, this ~ day of September, 2009, I, Melissa P. Tanguay, of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Petition for Plenary Guardianship upon the following: Via Personal Service: Jennifer R. Adams Manorcare Health Services 940 Walnut Bottom Road Carlisle, PA 17013 Executive Director Manorcare Health Services 940 Walnut Bottom Road Carlisle, PA 17013 Via United States Mail (Certified, Return Receipt Requested): Shawn, Connor and Cayden Adams 104 Clarkton Court Lemoyne, PA 17043 Dakota Radle 2250 Mainnsville Road Elliottsburg, PA 17024 Destini Carroll 11880 Mongul Hill Road Shippensburg, PA 17257 ~- Melissa P. Tanguay ABOM &KUTULAKIS, .L P. 2 West High Street Carlisle, PA 17013