HomeMy WebLinkAbout09-05-13 (2) IN RE: ESTATE OF AUSTIN MICHAEL STONE: 1N THE COURT OF COMMON PLEAS OF
AN ALLEGED INCAPACITATED : CUMBERLAND COUNTY, PENNSYLVANIA
PERSON :
: NO. � �� ����
: ORPHANS' COURT DIVISION
PETITION UNDER SECTION 5511 OF TITLE 20, DECEDENTS. ESTATES AND
FIDUCIARIES CODE TO APPOINT A PERMANENT GUARDIAN OF
THE PERSON AND ESTATE OF AUSTIN MICHAEL STONE
AND NOW, your Petitioner, Diane J. Stone, by and through her attorney, Hannah
Herman-Snyder, Esquire, respectfully aver as follows:
l. The alleged incapacitated person, Austin Michael Stone, hereinafter "Austin," is
seventeen (17) years of age, having been born April 10, 1996, and he has resided with
Petitioner, his mother, since birth.
2. Petitioner, Diane J. Stone, resides at 1201 Claremont Road,�arlisle, �G�imberl�rnd
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3. Austin is single. -' �- =_; i
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4. To the extent known by the Petitioner, Austin's income, assets, an.� debts ar�s fo�lows:
None
5. The next of kin of Austin are his mother, Diane J. Stone, residing as aforesaid, and his
father, Roger L. Stone, residing at 6174 Traywood Lane, Manassas, Prince William
County, Virginia. Diane J. Stone and Roger L. Stone are divorced.
6. Petitioner proposes herself as the permanent guardian of the person and estate of Austin.
7. Petitioner has no interest adverse to that of Austin.
8. Austin is currently under the care of Holly Hoffman, M.D., as his primary care
physician, and Austin has been diagnosed with Down Syndrome.
9. Permanent guardianship of the person and estate is sought for Austin for the reason that
his ability to receive and evaluate information is impaired to such an extent that he is
totally unable to manage his financial affairs and property and meet essential
requirements for his physical health and safety, and he is unable to make and
communicate responsible decisions relating thereto, including the ability to
communicate his need for assistance in these areas.
10. While Austin has always been in the care and custody of his mother, he is now reaching
the age of majority and guardianship is necessary to allow his mother to provide for his
needs.
11. There are no less restrictive alternatives to the appointment of guardian of Austin as he
has never had the capacity to sign a Power of Attorney, Advanced Healthcare Directive,
or any other estate related document.
12. No other Court has ever assumed jurisdiction in any proceeding to determine the
capacity of Austin.
13. The consent of the proposed guardian to serve is attached as Exhibit"A."
14. Petitioner wishes to have a back up guardian appointed so that if and when she is unable
to serve as guardian, Austin is properly provided for and the consent of the back up
guardian is attached as Exhibit"B."
15. The back up guardian, Tyler A. Stone, is Austin's brother, who resides at 1201
Claremont Road, Carlisle, Cumberland County, Pennsylvania Pennsylvania, and he has
no interest adverse to Austin.
WHEREFORE, your Petitioner prays that a Citation be issued upon the alleged
incapacitated person to show cause why he should not be adjudicated an alleged incapacitated
person and that Diane J. Stone should not be appointed as guardian of his person and estate in
compliance with Section 5501, et seq. of the Probate, Estates and Fiduciary Code, with Tyler A.
Stone being appointed as back up guardian; and further order that a hearing be held to consider
evidence in support or contravention of Austin Michael Stone's capacity and appointment of
Diane J. Stone as the permanent guardian of the person and estate of Austin Michael Stone, with
Tyler A. Stone being appointed as back up guardian; with an attorney, to be paid for by the
County, appointed in regards to representing Austin Michael Stone, and further order medical
testimony may be provided at the hearing via telephone speakerphone, provided counsel for
Austin Michael Stone does not object, with such testimony to be arranged with the Court by
counsel for the Petitioner.
Respectfully submitted,
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Hannah Herman-Snyder, Esq 're
Attorney for Petitioner
Supreme Court ID#91537
GRIFFIE & ASSOCIATES, P.C.
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
VERIFICATION
I verify that the statements made in the foregoing document are true and conect. I
understand that false statements herein are made subject to the penalties of 18 Pa.GS. Section
4904, relating to unsworn falsification to autharities.
DATE: �" Z-�' 1'-� ��lJl �-..
DIANE J. STON
CONSENT OF PROPOSED GUARDIAN TO SERVE
I, Diane J. Stone, hereby consent, to being appointed as guardian of the person and estate
of Austin Michael Stone. If appointed, I, Diane J. Stone, promise to serve faithfully and to the
best of my ability.
DIANE J. STO
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CONSENT OF PROPOSED GUARDIAN TO SERVE
I, Tyler A. Stone, hereby consent, to being appointed as back up guardian of the person
and estate of Austin Michael Stone. If appointed, I, Tyler A. Stone, promise to serve faithfully
and to the best of my ability if and when Diane J. Stone is unable to serve in her role as guardian.
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TYL A. STONE
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