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Home My WebLink About12-08-06 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 010- \ al'6<1 ORPHANS' COURT ESTATE OF ANTHONY KLlENSTUBER PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE ANTHONY KLlENSTUBER TO BE INCAPACITATED AND TO APPOINT THE PENNSYLVANIA GUARDIANSHIP ASSOCIATION, INC. AS GUARDIAN OF HIS PERSON AND HIS ESTATE C) '='c'"") .~~ :.I.J "J ......., (::;:.:) (==> 0'" ,,-3 1 j C") C.:> -.,) 1- .,'} i'"--' '.~7 TO THE HONORABLE, THE JUDGES OF SAID COURT: c:, rTl ,) I co -0 ., The Petition of Golden Living Center-West Shore respectfully represents ~t~ c:::> o ..~-" 1. Your Petitioner, Golden Living Center-West Shore, is an assisted living facility located at 770 Poplar Church Road, Camp Hill, Camp Hill, Cumberland County, PA 17011. 2. The alleged incapacitated person is Anthony Klienstuber, a single man, age 69, who resides at The Golden Living Center-West Shore, 770 Poplar Church Road, Camp Hill, Cumberland County, PA 17011, which is a specialized residence community that provides personal care. 3. Anthony was admitted to the Golden Living Center on June 8, 2006 and has been diagnosed with Alzheimer's disease, Chronic Obstructive Pulmonary Disease, and as being legally blind. 3. The alleged incapacitated has only one known next of kin, a nephew, George Klienstuber who resides at 3412 S1. David's Road, Newtown Square, PA 17073. 4. The alleged incapacitated person had granted a power of attorney to George Moyer, however, Mr. Moyer has passed away leaving the alleged incapacitated without someone to manage his estate and make medical decisions. 5. Golden Living Center -West Shore and George Klienstuber have contacted the Pennsylvania Guardianship Association, Inc., a Pennsylvania corporation, which routinely provides guardianship services, including to citizens of Cumberland County, and it has agreed to act as guardian over the person and property of Anthony Klienstuber. Attached hereto is an Acceptance by the Proposed Guardian. 6. Anthony's income consists of approximately $997.00 a month from social security and approximately $169.00 per month from a Federal Pension. 7. Anthony also has bank accounts with Sovereign Bank and Commerce Bank which are believed to contain approximately $16,000.00. However, a guardian is needed in order to access those accounts. 8. It is believed that Anthony does not own any real property, and before his admission to The Golden Living Center-West Shore lived in an apartment in Harrisburg at 120 Willow Road. 9. Dr. Anita Rastogi is Anthony's treating physician and is prepared to give her medical opinion as to Anthony's incapacity as defined by 20 Pa. C.S.A. S 5501. 10. Anthony Klienstuber is an incapacitated adult person who needs a court appointed guardian for his person and his estate. 11. It is believed and therefore averred that Anthony Klienstuber does not have a current Power of Attorney. 12. A guardian is necessary to facilitate Anthony Klienstuber's much needed medical care and intervention, and to handle his personal and financial affairs in a responsible fashion. 13. Your Petitioner believes and therefore avers that Anthony Klienstuber does not have the capacity to care for his affairs of daily living and needs a guardian appointed to handle his person and his property. 14. Your Petitioner believes that less restricted alternatives are not suitable due to Mr. Klienstuber's medical condition. 15. It is believed and therefore averred that no other court has ever assumed jurisdiction in any proceedings to determine the capacity of Anthony Klienstuber. WHEREFORE, your Petitioner prays that a Citation be issued to Anthony Klienstuber to show cause why he should not be adjudged to be incapacitated and The Pennsylvania Guardianship Association, Inc., should be appointed as plenary guardian for the person and estate of Anthony Klienstuber, and that the Court schedule a hearing on this Petition. JOHNSON, DUFFIE, STEWART & WEIDNER Date: December 7,2006 By: ~&~ Elizabe.. D. Snover Attorney I.D. #200997 David W. Deluce Attorney I.D. #41687 301 Market Street P.O. Box 109 lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioner, Golden Living Center-West Shore VERIFICA TION \, Jason Reever, Administrator for The Golden Living Center- West Shore., verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. / --....." as n Ree er, Administrator Golden Living Center- West Shore Dated: ~(i? 12/04/2006 08:50 FAX JDS&W [4J 002/006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS'COURT ESTATE OF ANTHONY KLlENSTUBER PEnnON PURSUANT TO secnoN 5511 OF THE PROBATE, ESTATSB AND FIDUCIARY CODe TO ADJUDICATE ANTHONY KLlENSTUBER TO BE INCAPACrrATED AND TO APPOiNT THE PENNSYLVANIA GUARDIANSHIP ASSOCIATION, INC. AS GUARDIAN FOR HER PERSON AND HER ESTATE ACCEPTANCE BY PROPOSED GUARDIAN The Pennsylvania Guardianship Association, Inc. of 1253 Wabank Road, Lancaster, Pennsylvania 17603 hereby agrees to accept the appointment as plenary guardian of the person and laState of Anthony Klienstuber, if she is adjudged to be an incapacitated person by the Cumberland County Otphans' Court. ~/J-&4 Brian Brooks, 'President The Pennsylvania Guardianship AssO<Jiation, Inc. Dated: / ;;-IL~ c;.