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HomeMy WebLinkAbout01-30-15 REGORPi:FD O,F' CE OF REGIS TER GF WILLS, ?015J:19N33 PM1.Z57 CLERX OF 0RPHtA NS t ,t dl r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION O.C. NO. � — ESTATE OF STEVE E. KINTZ, AN ALLEGED INCAPACITATED PERSON s PETITION UNDER§5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDGE STEVE E. KINTZ TO BE TOTALLY INCAPACITATED AND TO APPOINT A GUARDIAN FOR HIS ESTATE AND HIS PERSON TO THE HONORABLE.JUDGES OF SAID COURT: ManorCare Health Services—Carlisle ("Petitioner") respectfully represents that: 1. Petitioner is a skilled nursing facility wherein resides Steve E. Kintz("Mr. Kintz"), an alleged incapacitated person. 2. Mr. Kintz was born on November 30, 1952 and is currently 62 years of age. 3. Mr. Kintz resides in a private nursing facility in Cumberland County, whose address is: ManorCare Health Services—Carlisle 940 Walnut Bottom Road Carlisle, PA 17015 4. Because Mr. Kintz resides in Cumberland County, this Court has jurisdiction pursuant to § 711 (10) of the Probate, Estates and Fiduciary Code and § 5512(a). 5. To the extent of Petitioner',s knowledge, Mr. Kintz has the following living relatives: Name: Address: Relationship: Ted Kintz 505 Skyport Road Brother Mechanicsburg, PA 17050 Jeff Kintz Unknown Brother 6. To Petitioner's knowledge, Mr. Kintz does not own any assets of significant value. 7. To Petitioner's knowledge, Mr. Kintz does not receive any monthly income. 8. To Petitioner's knowledge, Mr. Kintz was not a member of the Armed Services of the United States and therefore is not receiving any benefits from the United States Veterans' Administration. 9. Mr. Kintz receives Medical Assistance benefits to help pay for the cost of his care at ManorCare. 10. To Petitioner's knowledge, Mr. Kintz has not appointed an agent to act on his behalf under power of attorney, nor has a guardian previously been appointed for him. 11. Mr. Kintz's treating physician is: Dr. Darryl Guistwite, D.O. 56 Ashton Street Carlisle, PA 17015 (717) 609-2052 12. Dr. Guistwite diagnosed Mr. Kintz as suffering from cerebrovascular disease and dementia, conditions which cause incapacity and require that he receive 24-hour-a-day care. 13. Because of the lack of a representative willing to act on Mr. Kintz's behalf, and due to the onset of Mr. Kintz's cerebrovascular disease and dementia,there may be no less restrictive alternatives to the appointment of a Guardian of the estate and person of Mr. Kintz. 14. Because of Mr. Kintz's cerebrovascular disease and dementia, he is totally unable to manage or even appreciate the significance of his financial affairs,property and business and to make and communicate any decisions relating thereto, including the ability to communicate his need for assistance in these areas. 15. Because of Mr. Kintz's cerebrovascular disease and dementia, he lacks the capacity to make or communicate any responsible decisions concerning his person and is unable to attend to his personal hygiene or to keep himself properly nourished and hydrated or communicate to others his need for assistance in these areas. 16. Because of the severity of Mr. Kintz's cerebrovascular disease and dementia, the assistance of other persons or services would not enable Mr. Kintz to participate in the making of any decisions concerning his estate or person. 17. The severity of Mr. Kintz's cerebrovascular disease and dementia requires that a plenary guardian be appointed to manage his estate. Said guardian should be appointed to manage and handle all aspects of his estate, specifically including, but not limited to: all issues relating to his cash, checks in any bank or savings account held in his name, his stocks and bonds, his personal property,his real estate, his life and other insurance of which he is a beneficiary,his entitlement to any government or non-government benefit plans, federal, state, local taxes, trust accounts of which he is the beneficiary, claims made or to be made on his behalf or against him,the execution of documents,the entry into contracts affecting him and the payment of reasonable compensation or costs to provide services for him. F_ 18. The severity of Mr. Kiritz's cerebrovascular disease and dementia mandates that a plenary guardian of his person be appointed to handle all issues relating to the person of Mr. Kintz, specifically including but not limited to: his living arrangements, his medical and psychiatric care, the administration of medication to him and the employment and discharge of physicians,psychiatrists,dentists, nurses,therapists, and other professionals for his physical and mental treatment and care. 19. The proposed guardian of the person and estate of Mr. Kintz is: Good News Consulting, Inc. 140 Roosevelt Avenue York, PA 17401 (717) 843-1504 20. The proposed guardian, Good News Consulting, Inc., does not have any adverse interests to the person or estate of Mr. Kintz, and an acceptance to serve as guardian of the person and estate is attached hereto as Exhibit A. 21. Good News Consulting, Inc. has been suggested as guardian of the person and estate of Mr. Kintz because they have extensive experience in handling such matters. 22. Petitioner is without knowledge of whether Mr. Kintz executed an advance directive for healthcare decisions. 23. To Petitioner's knowledge, no other Court has ever assumed jurisdiction in any proceeding to determine the capacity of Mr. Kintz. 24. Due to the limited resources of Mr. Kintz,Petitioner requests the fees of court- appointed counsel for Mr. Kintz be paid by Cumberland County. WHEREFORE, Petitioner prays that a Citation be issued directed to Steve E. Kintz to show cause why he should not be judged a totally incapacitated person and Good News Consulting, Inc. be appointed permanent plenary guardian of his person and his estate, with notice by personal service to Steve E. Kintz. Respectfully Submitted, Date: By: enjami, . Glatfelte Esquire Atto y LD.No.: 3935 KENNEDY,PC LA OFFICES P.O. Box 5100 Harrisburg, PA 17110-0100 (717) 233-7100 Attorneys for ManorCare Health Services—Carlisle 5423-14 VERIFICATION The undersigned hereby verifies the statements of fact in the foregoing document are true and correct to the best of his or her knowledge, information and belief. He or she understands any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 4904, relating to unsworn falsification to authorities. Dated: Signature Printed Name: Cecil— {{�� Printed Job Title: 5e(lil Y?ln�ks ManorCare Health Services—Carlisle I B I T A -I 5423-14 CONSENT OF PROPOSED GUARDIAN Good News Consulting, Inc. does hereby certify they are willing to act as permanent plenary guardian of the person and estate of Steve E. Kintz, an alleged incapacitated person, if the Court shall so appoint. Further, Good News Consulting, Inc. hereby certifies they are not a fiduciary of any estate in which Steve E. Kintz has an interest nor do they have any other interests currently adverse to Steve E. Kintz's person or estate. Dated: �c7 �—/ . B"s Ch7f" NCS Signature Printed Name: --71rT� Printed Job Title: Pre Sl de i f- Good News Consulting, Inc.