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HomeMy WebLinkAbout01-12-12IN RE: : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA PAUL W. KUNKLE, :ORPHANS' COURT DIVISION An alleged incapacitated person N0.21-12- ~ Q~(~ PETITION FOR THE APPOINTME 77N`"'T OF PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. &5511 AND NOW COMES THE PETITIONER, KIM E. RUTZ, by her attorney, Anthony L. DeLuca, Esquire, who represents and avers as follows: 1. ' The Petitioner is Kim E. Rutz, an adult individual, who resides at 430 Hillcrest Drive, Cazlisle, Cumberland County, Pennsylvania and is the niece of Paul W. Kunkle. 2. The alleged incapacitated person is Paul W. Kunkle, age 81, who currently resides at Forest Pazk Health Center, 700 Walnut Bottom Road, Cazlisle, Cumberland County, Pennsylvania. 3. The known relatives of the alleged incapacitated person are: a. Arlene M. Group -sister 118 West Willow Street Cazlisle, Pennsylvania 17013 b. Kim E. Rutz -niece 430 Hillcreast Drive Cazlisle, Pennsylvania 17015 4. The Petitioner is related to Paul W. Kunkle. 5. The Petitioner's interest is that of a family member concerned with his welfare and is familiar with his case. 6. Paul W. Kunkle, has, for at least three (3) months, been incapable of managing and caring for himself and his financial affairs. 7. On or about October 28, 2011, Paul W. Kunkle was found soaking wet by North Middleton Township Police near the War College while his car was found abandoned in Nell's parking lot on Spring Road. 8 Mr. Kunkle was thereafter admitted to Forest Park Health Center and placed in Room 62 of the Alzheimer's Unit where he has remained up to and including the date of the filing of this Petition. 9. Petitioner has determined that her uncle, Paul W. Kunkle, had not been paying his bills and that one of the properties he owned went to Sheriff `s Sale in September, 2011. 10. Petitioner also determined that his house is extremely cluttered and that there is no water service there. 11. A number of traffic citations have been issued to Mr.Kunkle and a hearing on one of them is scheduled before Magisterial Distrist Judge Susan K. Day on January 23, 2012. 12. Petitioner believes and, therefore, avers that her uncle may possess significant assets which would be needed to pay for his care at the nursing home. 13. On December 17, 2011, John M. Hume, M.D., J.D. conducted a psychiatric evaluation of Mr. Kuhnkle's competency to manage his personal and financial affairs and determined that his judgment is impaired based upon the following: a. That he is unaware of his medical circumstances, the medications he takes and the reasons for them; b. That he needs assistance with personal hygiene; c. That he can not explain the amount or the source of fmancial support available to him; and d. That he does not acknowledge multiple motor vehcile tickets from the past. 14. The diagnostic impression of Dr. Hume is that Mr. Kunkle is in the middle stage of Alzheimer's diease and his opinion is that Mr. Kunkle is not competent to manage his personal or financial affairs. A copy of Dr. Hume's report is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 15. Paul W. Kunkle's mental incapacity prevents him from managing and caring for the affairs of his person and estate. 16. The Petitioner believes and, therefore, avers that she does not know the monthly income of Paul W. Kunkle but is aware that he has bank accounts and at least one brokerage account together with ownership of real estate. 17. Petitioner requests that she be appointed Permanent Plenary Guardian of the Person and Estate of Paul W. Kunkle. 18. The proposed Guardian has no interest except being one of two known living relatives, her nmother being the other, which is adverse to the interest of Paul W. Kunkle. 19. Petitioner believes, and therefore avers, that Paul W. Kunkle does not already have a Guardian. 20. Petitioner asserts that Paul W. Kunkle is incapacitated as defended in Chapter 55 of the Probate Estates and Fiduciaries Code. 21. Because of his unpaired mental and physical condition, Paul W. Kunkle lacks the capacity to provide for his own personal care and maintenance. 22.. Because of his mental and physical condition, Paul W. Kunkle is unable to mange his financial affairs, property and business and is unable to make and communicate decisions relating thereon. 23. Paul W. Kunkle does not have an existing power of attorney which would be a less restrictive alternative than Guardianship. 24. The failure to appoint Kim E. Rutz, as Permanent Plenary Guardian of his Person and Estate will result in irreparable harm to the person and estate of Paul W. Kunkle. 25. To Petitioner's knowledge, no previous application has been made for the Order herein requested or for a similar order. 26. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of Paul W. Kunkle. 27. Petitioner believes and, therefore, avers that Paul W. Kunkle may have sufficient assets to pay for the services of a Guardian and requests that the Guardian be reasonably compensated for services rendered. 28. Petitioner proposes that she be compensated at the rate of $150.00 per month for the usual and ordinary services required by that position and an additional $50.00 per hour in the event she is required to provide any services outside the scope of routine guardianship caze. WHEREFORE, the Petitioner respectfully requests that: 1 . The Court appoint Petitioner as Permanent Plenary Guazdian of the Person and Estate of Paul W. Kunkle; 2. The Court authorize Petitioner to chazge a guardianship fee for services rendered as setforth in pazagraph 28.; and 3. The Petitioner file annual guazdianship reports as guazdian of the person and estate. Respectfully Submitted, An ony L. D uca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 ID #18067 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Perdrnanent Plenary Guardian of the Person and Estate of Paul W. Kunkle pursuant to 20 P.S. §5511 are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ® !~~ . ~ 2 ~')~~ /'~ Kim E. Rutz ~~~ ., John M. Hume, M,D., J.D. 875 Valley Road Marysville, PA 17053-9792 717-957-2401 December 19, 2011 Anthony Deluca, Esq. 113 Front Street Boiling Springs, PA 17007 RE: Paul Kunkel Dear Mr. Deluca: I saw Paul Kunkel for a psychiatric evaluation of competency to manage his personal and financial affairs on 12/17/11. He was seen at Forest Park Rehabilitation Nursing Facility in Room 62 on the Alzheimer's unit. I explained the purpose of my visit and Mr. Kunkel was willing to pmceed with that understanding. When asked how long he had been in his current placement he remarked,. "It's been a while. I don't know how long. The police brought me. I was in a walking mode. I live in Boiling Springs." When asked if he was having any particular problems or concerns he continued, "My folks are all gone, though I do have a sister." When - asked if he had a residence he continued, "A lady is supposed to take care of it." When asked if he had any recollection of how much his taxes were he said he had no idea regarding that. When asked if he had any visitors he stated his sister comes and "She has a million dollar car. I don't know what she does for a living. She has boys in school. One is involved with body parts. They're both pretty smart. I was never married myself." When asked if his sister had a daughter, he said, "I'm not sure." When asked if he had recollection of having received any motor vehicular tickets he indica#ed he had no awareness of this but staled, "They put my car in a garage in Carlisle somewhere. I don't know what the street is." When asked the current date, the. best he r~td do was, "It's near Christmas. I don't know who's paying the light bill on that little Christmas tree, but they treat me pretty well in here. My most trouble is how my bowels work (there was a strong smell of feces and he was in bed wearing Depends and a t-shirt). When asked if he was taking any medication, he indicated, "I'm taking pills, but I don't know what they are or what they're for. I've been fortunate. My uncle had a hernia injected and I did • too, but it didn't work, so I had surgery. I don't recall how long ago that was." When asked regarding past work he stated his fattier ran an auto repair. shop in Boiling Springs and he helped him. "Then I went to a school in the Midwest, where I learned refrigeration (he , EXHIBIT "A" _~: Page 2 ItE: Paul Kunkel could not describe the name of the town). I had a shop of my own in Newville and I can't remember the last time I was there. It's been a while. I always looked young for my age." When asked what his birthdate was, he replied, "It's the 18~ day, 1930, I guess. I repaired automobiles. I must have taken the test for inspection because I was sent to meetings. I've been into electronics a good bit." When asked specifically what electronics, and how he was involved, he answered, "That's a good question. I'm pretty handy with what I was doing. In one school I had to build a radio. That was quite a ways back. I always look for something to do, not be in trouble. I'd even go to church. I never smoked or drank. It's a waste of money. It's not smart to drink. I didn't run around with wild, wild women." When asked how his current caze was being paid for, he stated, "I don't know how it's being paid for. I never got any Social Security checks." He could give no other specific information regarding his resources except to say, "I took some woman in and they got the checks." He could not identify what the checks were. He then spontaneously talked about Doris Whitcomb, who taught children piano and music, and he would go to church with her when she would go around to different churches playing music. "Then she got cancer and died. It's temble. They never know when you'll get infected. I don't know who He {God) has his finger pointed at. Maybe it's Satan. I didn't cazouse. I didn't speed on the road because they'd stop you. I don't think I ever got a speeding ticket. I know how to fix cars, but not drive fast. I didn't want to hurt anyone. My grandfather was blind and I'd walk with him. He used to work on the trolley back years ago .when there was one." He then reminisced about past experiences, but none of recent origin and commented about one man who drank a lot and was out of it until he got recovered. "I~e would have-died if people didn't care." He repeated again his negative comments about cigarettes. When asked if he felt he needed any help with finances he replied, "Someone can help me with that. I have a car. I don't know how much it cost. I'm not sure how much is American made, but it could almost drive itself. It was a beauty (all of this was referring to the car that his sister has rather than his own, which he clarified by commenting again). She (his sister) has some money. Her sons are in school. One deals with body parts and it has to be expensive." When asked what he might have for three wishes, he listed them as (1) good health, (2) good eyesight, (3) hearing and good teeth. He described no problems walking, but said, "They won't let me walk on the highway. The policeman was a real nice guy. He just picked me up and brought me here. He asked a couple of questions and just brought me here. Most people know me. I was born near there (meaning Boiling Springs). I think it was 1930, but people move around a lot these days and I don't even know the neighbors there." He then continued spontaneously, "I can't change much. As long as I have my health and people treat me right that's all I want. A lot of people can't walk and their brain doesn't work right in this place. I know mine's not the best, but I try to keep my brain up there. I think I still belong to the human race." ge 3 RE: Paul Kunkel On mental status exam Mr. Kunkel appeared as an elderly male lying in bed wearing Depends and only a t-shirt. He was only approximately oriented for time and after a 30 second delay was able to indicate Forest Park as the name of his current residence. He was generally pleasant and friendly and somewhat loquacious. He was quite repetitive with information which he provided. Mood and affect were pleasant and appropriate generally to thought content. There were no overt. signs of psychotic distortions aside from obvious errors in information related to impaired memory, both recent and remote. He could not describe the source or amount of any income which he has, nor could he give accurate information regarding the circumstances of his house, which at one point was up for sheriff s sale, nor a number of tickets related. to his automobile. He does not know the names of the medications which he is taking, nor the reason for taking them. On three item recall after five minutes he got none of the three items. Judgment is impaired. Insight is partial. DIAGNOSTIC 1MPRESSION: Axis I Alzheimer's Disease, middle stage. Axis II No diagnosis. Axis III Fecal incontinence. Axis IV Degree of stress moderate as he is in a safe environment. Axis V Current GAF = 35. COMMENTS: It is my opinion with reasonable medical certainty that Mr. Kunkel is not competent to manage his personal or financial affairs. He is unaware of his medical circumstances, the medications he takes and the reasons for taking them. He needs assistance with personal hygiene. He cannot explain the amount or the source of financial support available to him, nor does he acknowledge multiple motor vehicle tickets from the past or the.. fact that. his. home..was put up for sheriff s sale. It is also clear that he could easily become the victim of designing persons. Thank you for the opportunity to evaluate this troubled. individual. If you have any questions, please do not hesitate to be in touch with me. Very Truly Yours, ohn M. Hume, M.D., J.D. JMH/DS-kts