HomeMy WebLinkAbout10-25-111N RE: : IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY, PENNSYLVANIA
GLEN H. STONER, ~~ __
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An Alleged Incapacitated Person : NO. ,~ (- ~ ~ - ~ ~ ,~~,, , - ~ -~
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:ORPHANS' COURT DIVISION ~ ~ ~-
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PETITION FOR ADJ[JDICATION OF ' •:~ ~--~
INCAPACITY AND APPOINTMENT OF GUARDIAN ~'-t
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AND NOW comes Ronnie Stoner, Wayne Stoner, and Kirby Hockensmith by aad ~ (~
through their attorney, Mark F. Bayley, and in support of the within petition aver as
follows:
1. The alleged incapacitated person is Glen H. Stoner, born on September 6,
1922 (age 89), who resides primarily at 11 Whitmer Road, Shippensburg, Cumberland
County, Pennsylvania, 17257.
2. Petitioner Ronnie Stoner is a nephew of Glen H. Stoner, is age 52, and
resides primarily at 24 Bedros Street, Windham, New Hampshire, 03087.
3. Petitioner Wayne Stoner is a nephew of Glen H. Stoner, is age 47, and
resides primarily at 506 David Drive, Mechanicsburg, Pennsylvania, 17055.
4. Petitioner Kirby Hockensmith is a nephew of Glen H. Stoner, is age 45,
and resides primarily at 2185 Hartzok Road, Chambersburg, 17202.
5. Glen H. Stoner has two children as follows: Janet Swope, approximately
age 63, who resides in Arlington, Texas and Glen Stoner, Jr., who resides somewhere in
Illinois; Glen Stoner, Jr., has been estranged from his father since approximately 1999.
6. Glen H. Stoner's one surviving sibling (out of five siblings) is Betty
Hockensmith, approximately age 85, who resides primarily at 3086 New Franklin Road,
Chambersburg, Pennsylvania.
7. Glen H. Stoner's spouse, Ella Stoner, died in 1999.
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8. Glen H. Stoner's presumptive heirs according to his last known Will and
Testament executed in 2009 as well as trust documents executed between 2004 and 2006
are Ronnie Stoner (nephew), Kenneth Stoner, Jr. (nephew), Bonnie Hockley (niece),
Wayne Stoner (nephew), and Janet Swope (daughter).
9. Glen H. Stoner resided in Illinois until he moved to his present address in
September of 2005; he relocated because he was living alone at the time which was
complicated by his various physical conditions and he was in need of some day to day
assistance with regard to finances, bills, taxes, etc.
10. Glen H. Stoner's home in Illinois was sold around the same time and
proceeds totaling approximately $800,000 were placed in an irrevocable trust that had
been formed in 2004; Ronnie Stoner and Wayne Stoner are currently appointed Trustees.
Glen H. Stoner's current assets include:
Asset
Trust (formed in 2004)
Cash assets
Mercury Sable (2008)
Miscellaneous personal property
,A~proximate Value
$710,000
(approximately $200,000 was
used to pay taxes in relation
to the sale of Glenn H.
Stoner's residence)
$92,000
$22,000
$12,000
11. Glen H. Stoner's income consists of the following:
Union pension: $1,400-1,500 per month
Social Security: $1,100 (approx.) per month
Interest: $500 (approx.) per month
12. Glen H. Stoner was not formerly a member of the armed services or any of
its allies and does not receive any benefits from the U.S. Veterans Administration or its
successor.
13. Glen H. Stoner's mental competence took a substantial downturn in
January 2011; a neuropsychological evaluation was performed by Dr. Christopher Royer
on October 11, 2011 who diagnosed Mr. Stoner with "mixed dementia" finding that he
has impairments in memory, attention, orientation, reasoning, and judgment; Dr. Royer
additionally concluded that Mr. Stoner is not "capable of making decisions in his own
best interest as defined by Pennsylvania State Statute."
14. Glen H. Stoner has a variety of physical ailments including, but not
limited to, multiple cardiac issues, Renal Insufficiency, Spinal Stenosis, Hypertension,
and an eye condition that requires daily attention; he regularly consults with various local
doctors and Shippensburg Civic Nurse Dee Parsons visits him weekly for prescription
and monitoring purposes.
15. Up until approximately a month ago, Glen H. Stoner had been residing
with his sister-in-law, Rosey Stoner (approximately age 81), until she injured herself and
went to a rehabilitation facility.
16. Rosey Stoner had been assisting Glen H. Stoner with many of his day to
day needs.
17. The other individuals that have taken the majority of the responsibility for
Glen H. Stoner's day to day needs to date have been Wayne Stoner (nephew/Petitioner),
Kenneth Stoner, Jr. (nephew), and Bonnie Hockley (niece) along with help from a few
neighbors.
18. Glen H. Stoner's daughter, Janet Swope, and her husband, Robert Swope,
have recently appeared in the area and are attempting to coerce Glen H. Stoner into
relocating to their residence in Texas; Janet Swope had been estranged from her father for
years up until 2005.
19. Glen H. Stoner has no other family members residing in Texas; such a
relocation is ill-conceived and would remove him from his established support system
which includes various family members and doctors; travel in relation to such a
relocation presents a significant challenge to Mr. Stoner in relation to his physical
ailments.
20. The Petitioners believe that Janet Swope's motives relating to her efforts to
coerce her father into moving to Texas are not in line with her father's best interests and
further believe that, in the process, Janet Swope has been attempting to alienate her father
from local family members.
21. The Petitioners propose for Glen H. Stoner to move into the home
belonging to his sister (Betty Hockensmith -approximately age 85) in New Franklin,
Franklin County.
22. Petitioners and other family members have arranged for in-home services,
paid for mainly by the county, whereby caretakers will spend eight hours every Monday
through Friday at said residence for the benefit of Glen H. Stoner and his sister;
Petitioners plan to augment this care by acquiring private care services for weekends.
23. Betty Hockensmith's granddaughter, Kelly Hockensmith (age 23), is
residing at said residence and will be able to provide assistance to Glen H. Stoner and his
sister.
24. Glen H. Stoner's nephew, Kirby Hockensmith (Petitioner), plans to spend
substantial time at the residence on a daily basis for the purpose of providing assistance
to Glen H. Stoner and his sister.
25. The Petitioners have no interests adverse to those of Glen H. Stoner.
26. Guardianship is sought by Petitioners for the purposes of protecting Glen
H. Stoner's best interests.
27. Glen H. Stoner's ability to receive and evaluate information effectively
and communicate decisions in any way is impaired to such a significant extent that he is
totally unable to manage his financial resources or to meet essential requirements for his
physical health and safety.
28. Petitioners propose to continue to seek the least restrictive methods to
assure that Glen H. Stoner's financial and physical needs are met.
29. Glen H. Stoner presently has no guardian appointed to handle his affairs.
30. Petitioners seek to be appointed plenary guardians.
31. Attorney J. Edward Beck has indicated that he will be representing Glen
H. Stoner privately with regard to the within matter.
Respectfully submitted,
BAYLEY & GAN
ark F. Bayley, E uire
17 West South Street
Carlisle, PA 17013
(717) 241-2446
Supreme Court LD.#87663
VERIFICATION
I verify that the statements made in the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. Cons.
Stat. § 4904 relating to unsworn falsification to authorities.
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