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HomeMy WebLinkAbout04-25-11IN RE: ANDREW M. STERN An alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA n ,-- ~ ORPHANS' COURT DIVISION ~~= n ' ~9 f . ~~ -=-, -J ~ ~ On the Petition of PAULA A. STERN and JOHN K. STERN PETITION FOR APPOINTMENT OF CO-GUARDIANS OF THE PERSON AND ESTATE OF AN ALLEGED INCAPACITATED PERSON TO THE HONORABLE PRESIDING JUDGE OF SAID COURT: .- , <~ r~,~ c~• .J C',~-, -a,-, x-~ ~.- ,~..7 '~ --r, NOW COME, Petitioners, PAULA A. STERN and JOHN K. STERN, both of 984 Mt. Rock Road, Carlisle, Pennsylvania 17015, by and through their attorney, Nicole M. Weigel, Esquire, and file the within Petition for the Appointment of Co-Guardians of the Person and Estate of an Alleged Incapacitated Person, and in support hereof, aver as follows: 1. ANDREW M. STERN, the alleged incapacitated person, currently resides at Petitioners' residence, 984 Mt. Rock Road, Carlisle, Pennsylvania 17015. He is twenty-three (23) years old, his date of birth being November 8, 1987. 2. ANDREW M. STERN has no children. 3. ANDREW M. STERN is not a patient in a mental hospital. 4. The Petitioners are ANDREW M. STERN's mother, PAULA A. STERN, and his father, JOHN K. STERN, of 984 Mt. Rock Road, Carlisle, Pennsylvania 17015. 5. The names and addresses of those persons who would be the intestate heirs (or next of kin) of ANDREW M. STERN are as follows: ~~ PAULA A. STERN (Petitioner/Mother) 984 Mt. Rock Road Carlisle, Pennsylvania 17015 JOHN K. STERN (Petitioner/Father) 984 Mt. Rock Road Carlisle, Pennsylvania 17015 6. The name and address of the person or institution providing residential services to ANDREW M. STERN are: his parents, PAULA A. STERN and JOHN K. STERN, 984 Mt. Rock Road, Carlisle, Pennsylvania 17015 7. The names and addresses of other service providers are as follows: None. 8. ANDREW M. STERN's primary physician is: Dr. Joseph A. Pion, D.O., 100 South High Street, Newville, Pennsylvania 17241, (717) 776-3114. 9. ANDREW M. STERN was not a member of the Armed Services of the United States nor is he receiving benefits from the United States Veterans Administration. 10. The Petitioners ask that they, PAULA A. STERN and JOHN K. STERN, be appointed as co-guardians, acting jointly and/or individually for the person and estate of ANDREW M. STERN. The proposed guardians are the parents of ANDREW M. STERN. 11. The proposed co-guardians have no interests that are adverse to the interests of ANDREW M. STERN. 12. Petitioners believe, and therefore aver, that no Court has ever assumed jurisdiction in a proceeding to determine whether ANDREW M. STERN is incapacitated. 13. Petitioners believe, and therefore aver, that ANDREW M. STERN has not previously had a guardian appointed, nor is a guardianship hearing pending in any other jurisdiction. 14. The reasons why this guardianship is being sought are as follows: ANDREW M. STERN is unable to manage his financial affairs or to make decisions regarding health care/medical decisions, due to autism and moderate mental retardation. 15. The functional limitations and physical and mental condition of ANDREW M. STERN are: ANDREW M. STERN is not able to manage his financial affairs, nor is he able to make competent decisions as far as his welfare is concerned. ANDREW M. STERN requires some level of assistance with all of his activities of daily living. 16. The following steps have been taken, in order to find less restrictive alternative to the appointment of a guardian: ANDREW M. STERN is not competent to execute a power of attorney. No less restrictive alternatives are available to adequately provide for the physical and financial care of ANDREW M. STERN. 17. The Petitioners request that the co-guardians be granted powers to act for ANDREW M. STERN in the following specific areas: financial management, and medical and health care affairs including care and placement decisions, access to all medical records, including psychiatric records, and the power to make all decisions regarding medical treatment. 18. Petitioners also request that they, in their capacity as plenary co-guardians (jointly and/or individually) of the person and estate of ANDREW M. STERN, have the power and authority to serve as personal representatives (jointly and/or individually) for ANDREW M. STERN for all purposes of the Health Insurance Portability and Accountability Act of 1996, (Pub.L.104-191), 45 CFR Sections 160 through 164, including but not limited to full authority to review his medical records and to execute releases of confidential information from medical providers and insurers or other third party payors. 19. The proposed co-guardians have the following qualifications: The proposed co- guardians are the parents of ANDREW M. STERN. The proposed co-guardians love and care for ANDREW M. STERN. 20. ANDREW M. STERN's assets total approximately Seven Hundred Dollars ($700.00). 21. ANDREW M. STERN's net income from all sources totals approximately Five Hundred and Seventy Dollars ($570.00) per month. Petitioners respectfully request that the Court, under Section 5511 of the Probate, Estates and Fiduciaries Code, issue a Citation to ANDREW M. STERN, ANDREW M. STERN's next of kin, and to such other persons as the Court directs, to show cause why ANDREW M. STERN should not be adjudged to be an incapacitated person and plenary co-guardians of his person and estate be appointed. Date: ~"~ ~ < Respectfully submitted, HAZEN ELDER LAW CCU ~~ e~ Nicole M. Weigel, Esq. PA I.D. No. 206827 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 (717) 540-4332 -Phone (717) 540-4313 -Fax nweigel@hazenelderlaw. com IN RE: ANDREW M. STERN An alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. On the Petition of PAULA A. STERN and JOHN K. STERN VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. § 4904, relating to unsworn falsification to authorities. PAULA A. STERN VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. § 4904, relating to unsworn falsification to authorities.. IN RE: ANDREW M. STERN An alleged incapacitated person : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION . NO. On the Petition of PAULA A. STERN and JOHN K. STERN CONSENT TO APPOINTMENT AS GUARDIAN 1. The name of the proposed co-guardian of the person of ANDREW M. STERN is PAULA A. STERN. 2. The name of the proposed co-guardian of the estate of ANDREW M. STERN is PAULA A. STERN. 3. The proposed co-guardian speaks, reads and writes the English language. 4. The proposed co-guardian does not have an interest adverse to the alleged incapacitated person. 5. The proposed co-guardian is employed at Cumberland Crossings Skilled Nursing Facility as a Registered Nurse. 6. The proposed co-guardian is not a fiduciary, or officer or employee of a corporate fiduciary of an estate in which the alleged incapacitated person has an interest; and is not the surety, or officer or employee of a corporate surety of such fiduciary. Dated: ~ ~ J ~ ~ ~ AULA A. STERN IN RE: ANDREW M. STERN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DNISION An alleged incapacitated person : NO. On the Petition of PAULA A. STERN and JOHN K. STERN CONSENT TO APPOINTMENT AS GUARDIAN 1. The name of the proposed co-guardian of the person of ANDREW M. STERN is JOHN K. STERN. 2. The name of the proposed co-guardian of the estate of ANDREW M. STERN is JOHN K. STERN. 3. The proposed co-guardian speaks, reads and writes the English language. 4. The proposed co-guardian does not have an interest adverse to the alleged incapacitated person. 5. The proposed co-guardian is employed at Herre Brothers, Inc. as a Heating, Ventilation and Air-Conditioning Technician. 6. The proposed co-guardian is not a fiduciary, or officer or employee of a corporate fiduciary of an estate in which the alleged incapacitated person has an interest; and is not the surety, or officer or employee of a corporate surety of such fiduciary. f~ Dated: ~_~ j ~~ Z ~ ~~ JO K.