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HomeMy WebLinkAbout11-09-11IN RE: Travis E. Fahnestock, IN THE COURT OF COMMON PLEAS An Alleged Incapacitated Person :CUMBERLAND COUNTY, PEYLVA[~EIA _., _1; -zJ ~,~: :=~ ORPHANS' COURT DIVISION ;'- ,-~ --~ -- --- PETITION TO ADJUDICATE AN INCAPACITATED PERSON AND ~O ~' APPOINT A PLENARY GUARDIAN OF HIS PERSON AND ESTATE AND NOW, comes the Petitioner, Dennis Fahnestock, by and through his counsel, Jane Adams, Esquire, and respectfully petitions this Honorable Court pursuant to 20 Pa. C.S.A. §5511 for an Order adjudicating Travis E. Fahnestock, to be an incapacitated person and appointing a guardian over his person and estate and in support thereof states as follows: 1. Petitioner, Dennis Fahnestock, (hereinafter "Petitioner"), is a competent adult individual who lives at 1580 Ritner Highway, Carlisle, Cumberland County, Pennysylvania, 17013. 2. Petitioner's date of birth is December 20, 1963. He is forty-seven (47). He lives with his Wife, Donna Fahnestock. 3. The Alleged Incapacitated Person is Travis E. Fahnestock, who is the natural son of Dennis Fahnestock, the Petitioner, and he also lives at 1580 Ritner Highway, Carlisle, Pennsylvania. 4. Travis E. Fahnestock was born on December 15, 1988. He is twenty-two (22) years old. 5. Travis E. Fahnestock has the following diagnoses: ADHD, ODD, phonological disorder (sound disorder), seizure disorder, hyperactivity, and mild mental retardation. 6. Dr. Eliseo Rosario, Jr., MD, a physician who has been involved in regular treatment of Travis E. Fahnestock, believes that he is incapable of making any decisions regarding his medical treatment or financial affairs and that his Father, Dennis Fahnestock would be best suited to be his guardian at this time. (See Exhibit A). 7. Travis E. Fahnestock is unable to manage or take care of matters pertaining to his own health, medications, and well-being without the existence of another individual who will act as guardian of his person. ~~ 8. Travis E. Fahnestock is unable to manage or take care of his financial affairs. He is unable to resist fraud or undue influence without the assistance of a guardian. 9. Travis E. Fahnestock has no valid living will, advance directive for health care, power of attorney, or other document regarding his wishes pertaining to his personal affairs. 10. Travis E. Fahnestock has no children Norma Jean Gaunts, natural mother P.O. Box 115 335 N. Hanover St. Carlisle, Pa. 17013 His other family members include: Ruth Ann Fahnestock, paternal grandmother, former caregiver 438 E. King St. Shippensburg, Pa. 17257 11. Travis E. Fahnestock was never a member of the United States Armed Forces. 12. No other guardians of the person or estate of Travis E. Fahnestock have been appointed, and no other court has assumed jurisdiction in any proceedings to determine the capacity of Travis E. Fahnestock, the alleged incapacitated person. 13. Petitioner seeks the appointment of a guardian of the person and estate of Travis E. Fahnestock, because, in the opinion of the doctor, Travis E. Fahnestock is mentally incapacitated and unable to make decisions regarding his personal affairs, including financial and medical decisions. His condition is such that he would not be unable to resist fraud or undue influence without the assistance of another competent individual to act as his guardian. 14. Petitioner believes that there are no less restrictive appropriate alternatives to seeking a guardianship, over the person and estate of Travis E. Fahnestock. 15. Dennis Fahnestock, the Petitioner and proposed guardian is the alleged incapacitated person's natural father. He has no interest adverse to the alleged incapacitated person, Travis E. Fahnestock. 16. Travis E. Fahnestock's assets and income consist of the following: a check from Social Security Disability in the amount of $697.10 per month, and a few personal items and clothing. 17. Petitioner, Dennis Fahnestock, requests to be appointed plenary guardian of his son, Travis E. Fahnestock. WHEREFORE, Petitioner respectfully requests that this Honorable court issue a Citation directed to Travis E. Fahnestock, the alleged incapacitated person, with notice to such persons at this court may direct, to show cause why he should not be adjudged a totally incapacitated person, and why Dennis Fahnestock should not be appointed guardian over his person and estate. Respectfully submitted: Date: ~, ~ ~ --" ( l J e Adams, Esquire . No. 79465 7 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER Carlisle Pediatric Associates, 804 Belvedere Street, Carlisle, PA 17013 717-243-1943 Eliseo Rosario. Jr MD CONFIDENTIAL INFORMATION Re: TRAVIS E. FAHNESTOCK Date of birth: 12/15/1988 Sex: M Home phone: 717-701-5006 Day/Work phone: 717-532-8241 Insurance: GATEWAY HEALTH PLAN ID: 22274955 Diagnosis code(s): Reason for referral: This correspondence is at the request of Travis' biological father. He is the primary care taker for Travis who has a rather complex medical history. Travis has seizures and is mentally challenged and is not able to take his medications in a reliable fashion. It is my opinion that Travis is best served by being in Fathers care, as he is most familiar with Travis's medical conditions and has been involved in his care the last several years. Start date: October 18, 2011 Sinc ely, ~~ Eliseo Rosario, Jr MD -~kp_ Printed: 10/18/2011 09:53 AM Page ' of 1 VERIFICATION AND CONSENT OF PROPOSED GUARDIAN I, Dennis Fahnestock, hereby consent to act as Plenary Permanent Guardian of the Person and Estate of my son, Travis E. Fahnestock, an alleged incapacitated person. I am a competent adult individual, and I have no interests, financial or otherwise, adverse to those of Travis E. Fahnestock. 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. Date: ~ ~ b ~ (1 Dennis Fahnestock 1580 Ritner Highway Carlisle, Pa. 17013