HomeMy WebLinkAbout02-17-06
NATHAN C. WOLF, ESQUIRE
AlTORNEY ID NO. 87380
37 SOUTH HANOVER STREET
SUITE 201
CARLISLE PA 17013
(717) 241-4436
AlTORNEY FOR PETITIONER
In re:
DAVID F. HECKENDORN
an alleged incapacitated person
: IN THE COURT OF COMMON PLEAS OF,
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
: NO. 2006-
: GUARDIANSHIP-INCAPACITATED PE"I~.SON
PETITION FOR APPOINTMENT OF EMERGENCY
GUARDIAN OF ESTATE
AND GUARDIAN OF PERSON AND PETITION FOR
PERMANENT GUARDIANSHIP
NOW comes the petitioner, Mary Anne Heckendorn, by her attorney, Nathan C. Wolf,
Esquire, and files this petition for both the emergency appointment of guardian of the person and of
the estate of David F. Heckendorn and for the permanent guardianship of the same, representing as
follows:
1. The petitioner is Mary Anne Heckendorn an adult individual, residing at 944
Grahams Woods Road, Upper Frankford Township, Onnberland County, Pennsylvania, with a
mailing address of 944 Grahams Woods Road, Newville, Pennsylvania, 17241.
2. The alleged incapacitated person is David F. Heckendorn, (hereinafter
"Heckendorn") an adult individual, aged 34 years, who currently resides at the Cumberland County
Prison, 1101 Claremont Road, Middlesex Township, Cumberland County, Pennsylvania.
3. Petitioner is the mother of David F. Heckendorn.
4. Heckendorn has been incarcerated in the Cumberland County Prison (hereinafter
"Prison") since January 24, 2006.
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5. The only heirs, other than petitioner, of Heckendorn are Fred M Heckendorn,
Heckendorn's father, who resides with Petitioner at 944 Grahams Woods Road, Upper Frankford
Township, Cumberland County, Pennsylvania and Darin G. Heckendorn, Heckendorn's brother,
who resides at 8682 Claussville Road, Weisenberg Township, Lehigh County, Pennsylvania, with a
mailing address of 8682 daussville Road, Fogelsville, Pennsylvania, 18051.
6. Petitioner has no knowledge of any other Court within this Commonwealth which
has appointed a guardian for this alleged incapacitated person.
7. Petitioner has no interest adverse to the alleged incapacitated person and has agreed
to act as guardian of his person and of his estate if this Honorable Court shall so appoint.
8. To Petitioner's knowledge, Heckendorn has not appointed any individual as power
of attorney for Heckendorn as of the date of the filing of this action.
9. On or about December 14, 2004, Heckendorn was terminated from his employment
with the Pennsylvania Department of Health after more than twelve (12) years with the Department,
where he had worked in an information technology position as a supervisor.
10. At one time during his employment, Heckendorn had been at the highest levels of
the information technology department at the Department of Health and was the network
administrator for that agency.
11. Heckendorn suffered from several incidents at work stemming from instability in his
mental health that were later diagnosed as paranoid delusional episodes.
12. As a result of those incidents, Heckendorn lost his supervisory authority and his pay
grade was reduced.
13. Ultimately, as a result of his mental condition, Heckendorn was terminated from his
employment.
14. Since his termination, Heckendorn has been unemployed and has been exhausting all
of his available cash assets for living expenses.
15. Likewise, since his termination, Heckendorn has, from time to time, resided with
Petitioner, for approximately six (6) months of the last twelve (12) months.
16. Otherwise, Heckendorn resided in hotels and motels during the other times when he
was not residing with Petitioner.
17. In December of 2005, Heckendorn was arrested for refusing to leave his parents'
residence after he had become destructive to his parents' personal property in their residence.
18. On or about January 24, 2006, Heckendorn was arrested by the Pennsylvania State
Police for refusing to leave the Stardust Motel in South Middleton Township, Cumberland County,
Pennsylvania.
19. Heckendorn has been in Cumberland County Prison since January 24, 2006.
20. Upon infonnation and belief of Petitioner, prison officials have had Heckendorn
evaluated by a psychiatrist and that the recommendation was to have Heckendorn transferred to the
Mayview State Hospital in Bridgeville, Pennsylvania.
21. Further, Petitioner believes that the transfer to Mayview Hospital may take in excess
of six (6) weeks.
22. Heckendorn suffers from other serious medical conditions including, primary
sclerosing cholangitis (Psq which is a serious medical condition which affects his liver function and
ulcerative colitis which affects the digestive tract, particularly in the area of the large intestine and
colon.
23. Since late 2001, Heckendorn has been treating with psychiatrists and psychologists
for paranoid delusions and other unspecified mental health conditions.
24. Sometime during the month of January, 2006, Petitioner was contacted by an
individual who was familiar with Heckendorn and Petitioner's family, who told her that Heckendorn
had elected to withdraw his contributions from his state retirement account.
25. At some point following his termination from his employment with the state, it was
suggested to Heckendorn that he could qualify for disability retirement which would provide him
with medical care for the rest his life and with at least $1,500.00 per month in retirement income,
while also being eligible to receive disability benefits through the Social Security Administration.
26. Despite this advice, Heckendorn's decision to withdraw his contributions from his
state retirement would yield no medical benefits, and would only result in him receiving
approximately $325.00 per month in income.
27. If Heckendorn's decision is not reversed by either Heckendorn or a guardian, if so
appointed by the Court, Heckendorn will be forever barred from applying for state disability
retirement benefits in the future, which would leave Heckendorn unable to afford the basic
necessities of life, let alone to afford the significant medical expenses he is likely to incur, and which
he currently incurs, as a result of his prescription medication costs.
28. Upon information and belief, immediate action is necessary to prevent Heckendorn's
request to withdraw his retirement contributions from being completely processed by the State
Retirement Board.
29. Heckendorn is likely to need a livertransplant within the next seven (7) years as a
result of the P.S.c. disease from which he suffers.
30. Heckendorn refused to apply for the disability retirement program stating that he did
not want to be labeled as "sick"
31. Petitioner is concerned that Heckendorn's assets will be depleted completely and that
he will be unable to afford his expensive medical care unless the O:mrt grants guardianship to
Petitioner who would ensure that Heckendorn receives every available resource to provide for his
medical health and financial status.
32. Petitioner is requesting to have a physician evaluate Heckendorn to determine if
Heckendorn has the capacity to make informed financial decisions.
33. The extent of all Heckendorn's assets currently known to Petitioner totals
approximately $2,800.00, plus personal property which Petitioner estimates a value of approximate
$32,000.00.
34. Petitioner fears irreparable harm will result if the Court does not grant the emergency
order requested herein.
35. It is likely that Heckendorn will take action before a hearing on this petition and
therefore petitioner requests that the Court enter an emergency temporary order of guardianship
pending a final hearing in this matter.
WHEREFORE, petitioner respectfully requests this Honorable Court set a hearing at
which the averments of this petition may be documented and the appointment of the petitioner as
guardian for the estate and of the person of the alleged incapacitated person may be considered,
with notice thereof to be given to such persons as this (})urt may direct. Petitioner further requests
that a guardian ad litem be appointed to act for the alleged incapacitated person regarding any
necessary hearings. Finally, due to the emergency and immediate threat of irreparable harm to the
estate and of the person, notably the potential disposition of the alleged incapacitated person's
retirement assets and medical benefits, Petitioner requests that she be appointed as the temporary
guardian of the Estate of David F. Heckendorn for the purposes of maintaining the assets and
providing for the application for appropriate retirement benefits and to appoint the petitioner as the
Guardian of the Person of David F. Heckendorn to authorize for the arrangement for the medical
care of the alleged incapacitated person pending a final hearing on this matter, along with any
additional relief as the Court may deem appropriate and just in this matter.
Februa~7, 2006