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Home My WebLink About01-21-11LL ~~ ~ ~ ~ ;`~ N RE: ~~~, , ~ e-; ~? 1 ~ ,~~ }~ : ;"' IN THE COURT OF COMMON PLEAS THOMAS R ICARSTETTER OF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~R,, ~~- :ORPHANS' COURT DIVISION 4N ALLEGED ~;?P}-!,~~,?;' t,:~;~1~i- INCAPACITAT~,r~P!~?S~I'~:~C , ~ ,~• ~ NO. ~~ " ~ ~ ^ ~%~ ~~ PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE OF THOMAS R. KARSTETTER IN ACCORDANCE WITH 20 PA. C.S.A. 6 5511 AND NOW comes Petitioner, Bonnie Karstetter, by her attorneys, Turo Robinson, and presents this petition for appointment of plenary guardian of the estate of Thomas R. Karstetter, an alleged incapacitated person, and in support thereof avers the following: 1. Petitioner is Bonnie Karstetter, an adult individual and wife of the alleged incapacitated person, residing at 155 West Middlesex Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The alleged incapacitated person, Thomas R. Karstetter, is an adult individual, is 72 years of age, was born on July 23, 1938, is domiciled in Pennsylvania, whose permanent residence is the same as petitioner, and who currently resides at Fox Subacute, 124 South Filbert Street, Cumberland County, Pennsylvania 17055. 3. The following persons, all over 18 years of age, are the only known living next-of-kin of the alleged incapacitated person: A. Bonnie Karstetter (wife), 155 Middlesex Rd., Carlisle, PA 17013 B. Randall C. Karstetter (son), 201 Southside Dr., Newville, PA 17241 C. Julie A. Peterson (daughter), 33 Smith Rd., Gardners, PA 17324 4. The alleged incapacitated person was not a member of the armed services of the United States and is not receiving any monthly benefits from the United States Veterans' Administration. 5. To the extent known by Petitioner, the assets of the alleged incapacitated person are estimated as follows: A. Personal property - i. Banking - M&T Bank Checking Account #1080903 -balance of $8,163.43 ii. Securities - M&T Bank Account #W0021512503 -contract value of $69,076.22 iii. Securities - M&T Bank Account #W0020696604 -contract value of $13,492.62 iv. 2002 Chrysler Town & Country v. 2005 Buick Terazza B. Real property - i. 155 West Middlesex Drive, Carlisle, PA 17013, located in Middlesex Twp., Cumberland County. 6. Petitioner estimates the alleged incapacitated person's annual income to be $1,622.79, consisting of $1,417.00 per month in Social Security benefits and $205.79 per month in dividends from Western Southern Financial Group 7. The alleged incapacitated person presently suffers from the effects of severe brain trauma as the result of a fall. 8. Because of his age and poor health, the alleged incapacitated person's condition is not expected to improve. 9. Due to his medical condition, the alleged incapacitated person is totally unable to manage his financial affairs and is unable to make and communicate responsible decisions relating thereto. 10. By letter dated December 7, 2010, Richard Paczynski, M.D., who treated the alleged incapacitated person since May 2010, has concluded that, because of his permanently impaired mental condition, the alleged incapacitated person is unable to manage his own financial resources and unable to meet essential requirements for his own physical health and safety. (Exhibit "A", the letter from Richard Paczynski, M.D., is attached hereto and incorporated herein as if fully set forth.) 11. There is no viable, less restrictive alternative to the appointment of a plenary guardian of the estate of the alleged incapacitated person. 12. The severity alleged incapacitated person's condition necessitates that a plenary guardian of his estate be appointed to handle all issues relating to the finances of the alleged incapacitated person, specifically including, but not limited to: his cash, checks and any bank accounts; payment of medical and other bills incurred to provide him with proper medical care, insurance and maintenance of her lifestyle; handling claims made on behalf or against him; execution of documents and entering into contracts; social security benefits and any other governmental or non-governmental benefits; and applying for insurance and/or Medicare or Medicaid benefits. 13. The alleged incapacitated person signed a Living Will on May 22, 2000, naming Petitioner as surrogate to make medical treatment decisions. 14. Petitioner is not aware that the alleged incapacitated person signed any powers of attorney or advanced health care directive, or in any other way designated anyone to serve as her agent over any of his personal affairs or as his surrogate over his medical care, or that he designated in writing his wishes with regard to health care, including the use or refusal oflife-sustaining treatment, other than that mentioned in paragraph 13. 15. The proposed plenary guardian has no interest averse to the alleged incapacitated person. 16. Petitioner's affidavit of consent to serve as guardian is attached hereto as Exhibit "B" and incorporated herein as if fully set forth. 17. No other court has ever assumed jurisdiction in any proceeding to determine the capacity of the alleged incapacitated person. 18. No other guardian has been appointed for the estate or person of the alleged incapacitated person. WHEREFORE, Petitioner respectfully requests that this Honorable Court award a citation directed to Thomas R. Karstetter, the alleged incapacitated person, and to such other persons as this Honorable Court may direct, to show cause why Thomas R. Karstetter should not be adjudged a fully incapacitated person, and Bonnie Karstetter be appointed plenary guardian of his estate. Respectfully Submitted, TURO ROB~,P~ISON r~ i a1 l l Date Lorin An w Snyde ID No. 3199 129 uth Pitt Street Carl sle, PA 17013 717- -9688~.~.-- Attorney for Petitioner Rehab~'itation H ofMechanicsbu-~ ~P~'~ To: Lorin Andrew Snyder, Esq. From: Richard P Pacrynski, MD RE: Thomas R Karstetter & Bonnie Karstetter Dear Mr. Snyder, 7Dec2010 As you know, Mr. Karstetter is no longer at the HealthSouth Regional Specialty Hospital, but I am very familiar with his case and do not suspect that he has changed much since leaving HSRSH. Therefore, I believe that I can address your earlier questions with reasonable medical certainty. In brief, Mr. Karstetter suffered a severe head trauma in May, 2010 that resulted in extensive damage to the left side of his brain. He had a neurosurgical procedure to prevent further damage (decompressive hemicraniectomy), but unfortunately he never recovered enough brain function to communicate or even to sustain awareness of his surroundings on a consistent basis. The right side of his body is paralyzed. He became ventilator-dependent because he also has a disease called inclusion body myositis that, when combined with the deconditioning caused by the brain trauma, makes his chest too weak to sustain effective respiratory function. It is a truly a tragic situation. I believe that Mr. Karstetter is incapable of handling his own affairs and, because of his severe aphasia (language-dysfunction), he is notable to understand complex speech or written material. His ability to evaluate information and communicate effectively is impaired to a very significant extent. He is totally unable to manage his financial resources. He is totally unable to meet essential requirements for maintaining his own health and safety and is very unlikely to recover enough from this incapacitating condition for any of these serious limitations to change favorably in the foreseeable future. He will likely require life-long assistance. Having met Mrs. Karstetter and having been familiar with his case since late May, 2010, I do believe that this gentleman would benefit from her or someone that she trusts becoming his guardian. If you need confirmatory testimony in the future, I can be reached at the contacts listed below. Sincerely, • ~~ `l> Ric rd Paul Paczynski, MD Clinical Program Director HealthSouth Regional Specialty Hospital 4950 Wilson Lane, Mechanicsburg PA, 17055-4442 Tel:' 717- 773 -1510 paczyderm@yahoo.com 175 Lancaster Boulevard • Mechanicsburg, PA 17055. 717 691-3700.800 933-3831 • Fax 717 697-6524 IN RE: IN THE COURT OF COMMON PLEAS THOMAS R. KARSTETTER OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION AN ALLEGED ~ I U t~ INCAPACITATED PERSON NO. ~ 1 ~- ~ ~ ~ L CONSENT OF GUARDIAN OF ESTATE AND PERSON I, Bonnie Karstetter, hereby certify that I am the wife of the alleged incapacitated person and that I consent to act as plenary guardian of the estate of Thomas R. Karstetter, if the Court shall so appoint me. I reside at 155 Middlesex Road, Carlisle, PA 17013 and am fully qualified to serve in said capacity. I am a citizen of the United States of America and can speak, read and write the English language. I have no interest adverse to that of Thomas R. Karstetter, the alleged incapacitated person. Date Bonnie Karstetter Exhibit "B" VERIFICATION Bonnie Karstetter, verify that the statements made in the foregoing Petition are true and correct to the best of my personal knowledge and belief. I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date Bonnie Karstetter Petitioner