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HomeMy WebLinkAbout11-07-11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA1vIA ORPHANS COURT DIVISION In Re: JONATHAN KINZLER, An alleged incapacitated person ~.~ .__ __~ . ~ _- ~„ ~, . -~.l _9 I> ~~J °ri PETITION FOR ADJUDICATION OF INCAPACITY PURSUANT 20 Pa.C.S. §5511 and FOR THE APPOINTMENT OF A PLENARY GUARDIAN OF JONATHAN KINZLER Petitioners, David R. Kinzler and Kay D. Kinzler, by and through their attorney, Paul D. Daggs, Esquire, respectfully states the following: 1. Petitioners currently reside at 707 Doubling Gap Road, Newville, PA (17241) in Cumberland County, Commonwealth of Pennsylvania. 2. Petitioners are the parents of the alleged incapacitated person and have an interest in the alleged incapacitated person's welfare. 3. The alleged incapacitated person is Jonathan D. Kinzler, age 20. The alleged incapacitated person currently resides with the Petitioners. 4. Vital information relating to the alleged incapacitated person are: Date of birth: Social Security No.: Sex: Height: Weight: Hair color: Eye color: Marital status: November 24, 1990 183-72-5087 male 5'4" 111 lbs. black brown unmarried '~, ~~ 5. The respondent was never a member of the United States armed services. 6. The names and addresses of all persons who are sui juris and who would be entitled to share in the estate of the alleged incapacitated person if that person died intestate are as follows: Father: David R. Kinzler 707 Doubling Gap Road Newville, PA 17241 Mother: Kay D. Kinzler 707 Doubling Gap Road Newville, PA 17241 Sister: Maria L. Kinzler 707 Doubling Gap Road Newville, PA 17241 7. Petitioners are the primary providers of support services for the alleged incapacitated individual, including all residential services. 8. The primary attending physicians of the alleged incapacitated person are: Dr. J. Lynn Hoffman (Pediatrician) Carlisle Pediatric Associates 804 Belvedere Street Carlisle, PA 17013 Dr. Steven Gottlieb (Neurologist) Pediatric Neurology Associates 2108 Harrisburg Pike Lancaster, PA 17601 9. No other court has ever assumed jurisdiction in any proceeding to determine the competency or capacity of the respondent and no guardian of the person or the estate has ever been appointed. 10. Petitioners aver that the alleged incapacitated person primarily suffers from the following: (a) Static encephalopathy -unchanging, or permanent, brain damage; (b) Pneumococcal meningitis - an infection that causes swelling and irritation (inflammation) of the membranes covering the brain and spinal cord (meninges); (c) Cerebral palsy - an umbrella term encompassing a group of non-progressive, non-contagious motor conditions that cause physical disability in human development, chiefly in the various areas of body movement; and (d) Uncontrolled seizure disorder. 11. The alleged incapacitated person has suffered the aforesaid incapacities since infancy. 12. The alleged incapacitated person is impaired to such a significant extent that he is unable to manage his financial resources and to meet essential requirements for his physical health and safety. A statement by J. Lynn Hoffman M.D., to this effect is attached hereto, made a part hereof, and marked as Exhibit «A „ 13. It is not anticipated that the alleged incapacitated person's incapacities will significantly lessen or change. 14. Guardianship is sought primarily to give Petitioners the legal right to make financial, medical, and other decisions for the alleged incapacitated person. 15. Petitioners are currently providing services to meet essential requirements for the alleged incapacitated person's physical health and safety needs. 16. Petitioners are the alleged incapacitated individual's parents and have been his primary caretakers for all of his life. Petitioners are intimately aware of the alleged incapacitated person's medical needs and uniquely qualified to serve as plenary guardians of the person and the estate of Jonathan D. Kinzler. Verification We, David R. Kinzler and Kay D. Kinzler, hereby acknowledge that we have read the foregoing petition and verify that the facts stated therein are true and correct to the best of our knowledge, information, and belief. We understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. ~~ ~~~ David R. Kinzler, Petitioner v ~~~ Kay D. Kinzler Date: / / -- -s = 1, Date: i/ -~5-// EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION In Re: No. JONATHAN KINZLER, An alleged incapacitated person AFFIDAVIT OF DR. J. LYNN HOFFMAN IN SUPPORT OF PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF JONATHAN KINZLER 1. My name is Dr. J. Lynn Hoffman. 2. I am a physician at Carlisle Pediatric Associates. 3. My business address is 804 Belvedere Street, Carlisle, PA 17013. 4. My educational background is as follows: a. MedicaU Graduate School Temple University School of Medicine; Completed pediatric residency at Strong Memorial Hospital in Rochester, NY. b. Undergraduate School Messiah College 5. I am licensed as a physician (M.D.) by the Commonwealth of Pennsylvania. 6. I specialize in Pediatrics and am Board Certified. 7. I first met with Jonathan Kinzler on ~ ~;,,,, -~ ~ i ~ ~ ~ 8. I last met with Jonathan Kinzler on ~Uou•M- ~.- 3 3 ~-v ~ u 9. I last reviewed Jonathan Kinzler's chart on C.~~~.- ~d ~o ~ ~ 10. 11. 15 16 17. 18 Jonathan Kinzler's pertinent diagnoses are: . ~ 5+~. ~; ~ s ~~~ ,,~..., t~ ~~;.c, ~ z ~z t,,c w~y c ~ w~i.., H~ f . i ! ~ c...~t'r..e b . ~ ~~ a ti S) k Tr u ~I.r / S z a zt ,.~ ,I a r ..( h) Ost~c-~o~c.~ s) L.~~'t ~'•P alys~ ~aa~a Jonathan Kinzler currently takes the medications on the list attached to this Affidavit. Jonathan Kinzler's prognosis is: _ good fair / poor The extent of Jonathan's ability to communicate is as follows: a. Verbally good fair oor' b. In Writing good fair poor „"-<~t ~-~ c. Other Means good fair poor ~~; v µ _ ~ ~ } ~ ~ ~ The extent of Jonathan Kinzler's ability to receive information is as follows: a. Reading: good fair poor r ~ K - ~ . 5 +a~~ b. Hearing: good fair oor Jonathan Kinzler is capable of independently performing ONLY the following activities of daily living. (Circle all applicable) a. Eating b. Grooming c. Toileting d. Transferring e. Taking medications f. None of the a`6ov~ 19. Jonathan Kinzler has emotional limitations in the form of: 1 v, c, b 1, ~ .~ ~'~ v ~ S Gl; r`~ v.t ~ .1 ~c.') U» c( ~ ~L l l Hc.~T~ ."" 20. Jonathan Kinzler is /UNABLE ABLE to interact socially on any meaningful level. If ABLE, then please describe: 21. Jonathan Kinzler does not generally comprehend his surroundings to such an extent that he requires consistent supervision in his activities of daily living. As a result of his condition, he requires specific one-on-one assistance with taking medications. He absolutely could not manage any of his own activities of daily living without supervision or assistance. ~/ True False 22. Jonathan Kinzler IS NOT capable of handling his personal affairs, however minor. He requires total assistance in these areas. True False 23. Jonathan Kinzler, if called upon to grant informed consent to any medical procedure, however minor or straightforward, would be unable to grant it because of his inability to comprehend the nature of the procedure. True False 24. Jonathan Kinzler absolutely cannot actively and effectively participate in monitoring and managing his own medical care and medication. He requires supervision in this area. True False 25. Jonathan Kinzler's limitations relevant to this guardianship proceeding are not likely to improve neither in the immediate future nor over time. To the extent relevant change is likely, it will be, in my opinion, expressed with reasonable medical certainty, to be a nominal change, or even, a change for the worse. ~~ True False 26. I hereby acknowledge that I have been made aware that the Pennsylvania statutory definition of "incapacitated person" means that an individual's "ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he is partially or totally unable to manage his financial resources or to meet essential requirements for his physical health and safety." True False 27. My opinion, based on my examinations of Jonathan Kinzler and my review of his medical records, expressed with reasonable medical certainty, is that Jonathan Kinzler is totally incapacitated. True False 28. Based on the opinions that I have expressed, my opinion, expressed with reasonable medical certainty, is that Jonathan Kinzler requires the appointment of a plenary guardian. ~ True False 29. My opinion is that Jonathan Kinzler could possibly be harmed if he were required to attend his guardianship hearing, however, I feel this point is moot because Jonathan Kinzler would not be able to contribute in any way to the hearing. True False 30. My opinion is that Jonathan Kinzler would not understand nor benefit from participation in a court hearing regarding a determination of his capacity to handle his own personal and financial affairs. ;~ True False I, Dr. J. Lynn Hoffman, being duly sworn according to law deposes and says that I make this Affidavit on behalf of Jonathan Kinzler, and that the facts set forth in the foregoing Affidavit are true and correct to the best of my knowledge, information, and belief. I verify that the statements in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification t~ a,~t~,~,-;r;o~ Date: ~p~ Sworn to and subscribed before me this i~ day of ~~~ 2011 . NOTARIAL SEAL Notary Public SHARON A SHEAFFER Notary Pubiic HAMPDEN TWP, CUMBERLAND COUNTY My Commission Expires Feb 15, 2012 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION In Re: No. JONATHAN KINZLER, An alleged incapacitated person LIST OF MEDICATIONS REFERENCED IN PARAGRAPH 8 OF THE FOREGOING AFFIDAVIT OF DR. J. LYNN HOFFMAN SUPPORTING THE PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF JONATHAN KINZLER 1. cir.21[)1 ~~~°^i Gt l / r 3©~~~` ~1 (^ ~`~da~ ~ ~ ~ i 3. `T ~~~ , ~ ., ~c 6.4'~~ 5 ~ ~i~ s ,~l 4. ,(f~r}.~~4-.~ G,:.a~l .1u~~ '~- e~.m- a, w~o~°4-~ °.vc~,l.. ~ ~Sl~ S. ~ ~/ i ~~_ I ~ 6. +M/ c/L-L(^-F, I~ Cl L+ /= JL~/Y.Y~. 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