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Home My WebLink About08-25-10IN RE: : IN THE COURT OF COMMON PLEAS OF AN ALLEGED INCAPACITATED :CUMBERLAND COUNTY, PENN5Y~.VANIA PERSON, DUSTIN S. HOCKENSMITH ORPHAN'S COURT DIVISION NO. ~J-l 0-(~ X77 a 0 G N CJ1 ~,, ~,,. The petitioner, PATTY J. DARON, by and through her attorney, Salzmann Hughes, PC, respectfully represents the following: I, 1. Petitioner, PATTY J. DARON, is an adult individual whose principal, re~idence is 3166 Rimer Highway, Newville, Cumberland County, Pennsylvania. ', 2. Petitioner is the mother of DUSTIN S. HOCKENSMITH (hereinafter r~ferred to as "Dustin")• ', -r.~ r+ ~~~ . _~~ C~ a C. ^^a ._ ~'~ C 1 3. Dustin was born on April 26, 1982, is 28 years of age, unmazried, axed currently resides with his mother, Petitioner Patty J. Dazon, at her residence located at 31 ~6 Rimer Highway, Newville, Cumberland County, Pennsylvania. 4. Dustin was injured in a motor vehicle accident in 2000. 5. To the best of Petitioner's knowledge, information and belief, th~ alleged incapacitated person is not survived by a spouse or children. 6. To the best of Petitioner's knowledge, information and belief, thd, oily living next-of--kin of the alleged incapacitated person are: Patty Daron (PetitionerlMother) 3166 Ritner Highway Newville, PA 17241 Wayne Hockensmith (Father) 24 Barn Drive New Bloomfield, PA, 17068 7. The only agency currently providing services for Dustin is UCP of!,Ce~ntral PA, located at 925 Linda Lane, Camp Hill, Pennsylvania 17011. 8. To the best of Petitioner's knowledge, information and belief, Dus,'tinl does not have any cash savings or any other assets. 9. Petitioner estimates Dustin's monthly income to be $640.00 per month from Social Security and $260.00 per month in child support from his father. 10. Dustin presently suffers from quadriparesis with contraction defonnitie~ and is in an unresponsive state resulting from the injuries he sustained in the motor vehicle ~cctdent. A true and correct copy of a letter from Dustin's treating physician, Roger A. Heim, L1.0~, of Penn State Hershey Medical Group is attached hereto and incorporated herein as Exhibit " ~A.'~ 11. As stated by Dr. Heim in Exhibit "A", because of his impaired physical and mental condition, Dustin lacks the ability to care for himself, to effectively receive ~nc~ evaluate information. As such, he lacks the ability to make responsible decisions concerning hi$ care and meet essential requirements for his physical health and safety. 12. As stated by Dr. Heim, in Exhibit "A," Dustin is totally dependent upon other caregivers, and completely unable to care for himself with regard to his activities of c~ai~y living. 13. Dr. Heim also stated in Exhibit "A" that he does not expect Dustin's' condition to change in the near future. 14. Because he is unresponsive, Dustin is totally unable to manage ~is'I financial affairs and resources, and is totally unable to make and communicate responsible I decisions relating thereto. 15. The severity of Dustin's physical condition necessitates that a plenary gy~ardian of his person be appointed to handle all issues relating to him, specifically including, bdt blot limited to: his living arrangements, his medical care, the administration of medication to hits, and the employment and discharge of physicians, dentists, nurses, therapists and other profless~onals for his physical and mental treahnent and care. 16. The severity of Dustin's physical condition necessitates that a plenlaryj guardian of his estate be appointed to handle all aspects of his estate, specifically includin~, but not limited to: all issues relating to his cash, checks, and any bank or savings accountis held in his name, his personal property, his entitlement to any governmental and nongovetntr~lentlalal benefit plans, federal, state, and local taxes, claims made or to be made on behalf of him orl against him, the execution of any documents necessary and related to the above, and the entryttitoj contracts affecting him as well as the payment of reasonable compensation or costs to provide services to him. 17. The proposed plenary guardian of the person and of the estate of the a~le~ed incapacitated person is Petitioner, PATTY J. DARON, whose principal residence is 3 X66 Ritner Highway, Newville, Pennsylvania. 18. Petitioner, the proposed plenary guardian of the person and of the estate of the alleged incapacitated person is Dustin's mother who has cared for him since the date of the accident and has no interest adverse to the alleged incapacitated person. 19. The consent of Petitioner as the proposed plenary guardian is attached hereto and incorporated herein as Exhibit "B: ' 20. No other court has ever assumed jurisdiction in any proceeding to determine Dustin's caP~rt3'- WHEREFORE, Petitioner respectfully requests that this Court award a cita~io~ directed to DUSTIN S. HOCKENSMITH, the alleged incapacitated person and to such other persons as this Court may direct, to show cause why DUSTIN S. HOCKENSMITH should not be'~ adjudged a fully incapacitated person, and Petitioner appointed plenary guardian of both his person and his estate. Respectfully Submitted, SALZMANN HUGHES PC ~~,~.~.. Susann B. M rriso Esquire Supreme Court LD. # 77041 354 Alexander Spring Road, Suite !1 Carlisle, PA 17015 (717) 249-6333 Attorney for Petitioner Dated: 0 VERIFICATION The foregoing document is based upon information that has been gathered by, m~ counsel and myself in the preparation of this action. I have read the statements made in this ~oqument and they are true and correct to the best of my knowledge, information and belief. I ~nc~erstand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. § 4904,', re~ating to unsworn falsification to authorities. PATTY`j,~ ~RON Date: ~' aL1.- c~~1 l7 T_r PENNSTATE HERSHEY Medical Group Fishburn Dr. Roger Heim 845 Fishburn Road Hershey, PA 17033 June 16, 2010 Salzmann Hughes, P.C. Attorneys at Law 105 N Front Street Harrisburg PA 17101 Dear Sirs: This is in response to a letter I received from you asking for some information cont$er~ling my patient, Dustin Hockensmith. Your first question is the nature and extent of Dustir's jdisability. He did sustain a severe, closed head injury in April of 2000. He has quadriparesis vNitth contraction deformities. Your second question is Dustin's mental, emotional, and ~h~sicai condition. Well, it is difficult to assess his mental condition. He evidently can res on~l to his mother, to some degree, by smiling, but that is his extent of that. Emotionally an~ pf~ysically, he is evidently easy to get along with. His physical condition is again the quadripafies~s, which has essentially totally disabled him. Your third question is Dustin's adaptive behavjiorl and social skills. I would say my response to that question is nonexistent. The level of assist~nc~e Dustin needs is constant care, at the level of at least what his mother is giving. Your last question is what is the probability that Dustin's disability may lessen or change. I do not anticipate any change, at least not to the better, possibly worsening of his mental and physical condition as time progresses. I hope these answers are sufficient. If you have any questions, feel free to contact me at the ofl'tee. Sincerely, Roger A Heim, DO Penn State Milton S. Hersluy Medical Center • Penn State Cow of Medicine • Penn State Hershey Medical G~onp~-Fishburn Family and Community Medicine, Mail Code HPOI, 845 Fishburn Road, Hershey, PA 17033-2015 Tel: 717-531-8181 • Fax: 717-531-3509 '~"` Aa Equal Opportunity University EXHIBIT A IN RE: : IN THE COURT OF COMMON PILES OF AN ALLEGED INCAPACITATED :CUMBERLAND COUNTY, PENN$Y~,VANIA PERSON, DUSTIN S. HOCKENSMITH ORPHAN'S COURT DIVISION ~', NO. 2 ~ /D~0~77 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this ~~day of.,~~ 2010, ~ copy of Petitioner's Petition for Adjudication of Incapacity and Appointment to Plenary Gua~di~n of the Estate and Person was served by First Class Mail upon the following: !, Wayne Hockensmith 24 Barn Drive New Bloomfield, PA 17068 Susann B. Morrison, squire ', Salzmann Hughes, P.C. Supreme Court LD. # 77041 354 Alexander Spring Road, Su~te ~ Carlisle, PA 17015 (?17) 249-6333 Attorney for Petitioner Date: 2 S~_ I CONSENT OF GUARDIAN TO APPOINTMENT I, PATTY J. DARON, hereby consent to act as the Guardian of the Estate and (Person of DUSTIN S. HOCKENSMITH. I reside at 3166 Rimer Highway, Newville, Cumberland County, Pennsylv~ni~, and am the mother of DUSTIN S. HOCKENSMITH. I am a citizen of the United States of 1An~erica and can speak, read and write the English language. I have no interest adverse to DUSTIN S. HOCKENSMITH, the alleged ~nc~pacitated person. PATTY J. N Date: ~ ' 01~ EXHIBIT B ~.