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HomeMy WebLinkAbout09-14-07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. 2.1 01 -D~Y2 ORPHANS' COURT ESTATE OF RICHARD C. DIETZ PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE RICHARD C. DIETZ TO BE INCAPACITATED AND TO APPOINT A GUARDIAN FOR HIS PERSON AND HIS ESTATE .,' ,1 (,' .) TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petition of David C. Dietz respectfully represents that: 1-'\ 1. Your Petitioner, David C. Dietz, is an adult individual residing at 3914 Brookridge Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Your Petitioner is the only child of the alleged incapacitated person, Richard C. Dietz. 2. Richard C. Dietz is a 56-year old incapacitated male, born on July 23, 1951. He is not married and has only one child, Your Petitioner. His current resident address is 408 Brandy Lane, Apartment 2, Mechanicsburg, Cumberland County, Pennsylvania 17055, where he resided alone. He is presently a patient in the Behavioral Health Unit, Holy Spirit Hospital. 3. Richard C. Dietz was admitted to Holy Spirit Hospital, Camp Hill, Pennsylvania on August 6, 2007 after being involved in a car accident in which he was not seriously hurt and was found to be suffering from a respiratory infection. On August 10, 2007, he was transferred to the Behavioral Health Unit at Holy Spirit Hospital. 4. Richard C. Dietz has a history of psychiatric disorders and prior admissions to the Behavioral Health Unit. He has been diagnosed with a bipolar disorder and has been on psychiatric medications. At the time of his admission to the Behavioral Health Unit he admitted that he had stopped taking his psychiatric medications about a week prior, had suffered from insomnia, had suicidal thoughts, and was depressed. He also has a history of substance abuse and a history of non-compliance with outpatient follow-up from his mental health discharges. 5. While at Holy Spirit Hospital, the patient was diagnosed by his treating physician with bipolar disorder (recurrent and severe) alcohol abuse, and chronic mental illness. He has also been diagnosed with alcohol induced dementia and deliria. Richard C. Dietz' current treating physician, Dr. Pamela P. Rollings- Mazza has provided an opinion that he lacks capacity to make medical and financial decisions for himself and is in need of a Guardian. Dr. Rollings-Mazza has recommended that he be placed in a twenty-four (24) hour supervised setting in that he cannot live alone, and will need assistance in handling his daily affairs. 6. In order to provide Richard C. Dietz with access to twenty-four (24) hour care and to help meet his needs of daily living, a responsible person must be appointed as his guardian by the Court. 7. Richard C. Dietz is an incapacitated adult person who needs a court appointed guardian for his person and his property. 8. On or about January 20, 2003, Richard C. Dietz executed a Will whereby he gave all his assets to his son, David C. Dietz, Your Petitioner, and directed that he be appointed Executor of his estate. Your Petitioner is unaware of any appointment of a Power of Attorney by his father. 9. It is believed that Richard C. Dietz's monthly income consists of a $1,677.40 per month from disability insurance resulting from his former employment with the United States Postal Service. Richard C. Dietz retired on disability from this employment approximately five (5) years ago. It is believed that he has no significant assets. Richard C. Dietz has two (2) living sisters, Karen Parks, located at 22 Maple Avenue, Camp Hill, Pennsylvania, and Sandra Kindness, located at 915 Greenbrier Drive, Mechanicsburg, Pennsylvania. His mother, Helena Dietz, presently resides in Bethany Village, Mechanicsburg, Pennsylvania, and suffers from dementia. 10. The alleged incapacitated person, Richard C. Dietz, needs a court appointed guardian in order to assure that he is provided with twenty-four (24) hour supervised care, the least restrictive environment to provide for his needs for daily living. In addition, no nursing home or living facility will accept Richard C. Dietz without a Guardian or agent under a Power of Attorney in place. WHEREFORE, your Petitioner prays that a Citation be issued upon Richard C. Dietz to show cause why he should not be adjudged to be incapacitated and a plenary guardian for his estate and person be appointed, and that the Court schedule a hearing on this Petition. Date 5fI' III Z.OO7 :309396 VERIFICA TION I, David C. Dietz, 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. M f. Jt; David C. Dietz Dated: q ,-/!- J-Oo 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF RICHARD C. DIETZ PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE RICHARD C. DIETZ TO BE INCAPACITATED AND TO APPOINT A GUARDIAN FOR HIS PERSON AND HIS ESTATE ACCEPTANCE BY PROPOSED GUARDIAN David C. Dietz, 3914 Brookridge Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, hereby agrees to accept the appointment of plenary guardian of the person and estate of Richard C. Dietz, if he is adjudged to be an incapacitated person by the Cumberland County Orphans' Court. D~ (! JJ1 Dated: 9 ~ / I., ;200 7