HomeMy WebLinkAbout10-05-09Law Offices of William M. Shreve
Supreme Court ID# 82337
3618 North Sixth Street
P.O. Box 5292
Harrisburg, PA 17110
(717)234-6001
IN RE
LISA MARIE DEPIETRO,
an alleged incapacitated person
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: a2~ - ~9 - 93s
ORPHANS COURT DIVISION
TO THE HONORABLE JUDGES OF SAID COURT:
PETITION FOR THE APPOINTMENT OF GUARDIAN OF
THE ESTATE AND PERSON IN ACCORDANCE WITH 20 P S G 5511
AND NOW, comes the Petitioner, Caroline Northup, by and through her
attorney, William M. Shreve, and respectfully states the following in support of her request
for the appointment of guardian pursuant to 20 P.S. § 5511:
1. Lisa Marie Depietro is currently residing at the Motel 6, 1153 Harrisburg Pike,
Carlisle, PA.
2. Petitioner, Caroline Northup, is the biological sister of Lisa Marie Depietro, residing
at RD #2, Box 50, Dalton, PA, 18414.
11 L J .__~ L
3. Lisa Marie Depietro has been involuntarily committed previously regarding mental
health concerns pursuant to the Mental Health and Procedures Act.
4. Petitioner respectfully requests to be appointed Guardian of the Estate and Person
of Lisa Marie Depietro; specifically, petitioner requests she be appointed guardian
of the estate of Lisa Marie Depietro and Lisa Marie Depietro be ordered to attend
the Helen-Stevens Health Center as well as access the Cumberland County Mental
Health Services.
5. The proposed guardian has no interest which is adverse to the interest of Lisa
Marie Depietro.
6. Petitioner believes, and therefore avers no Court has ever received jurisdiction in a
proceeding to determine whether Lisa Marie Depietro is incapacitated with the
exception of the prior involuntary commitments pursuant to the Mental Health and
Procedures Act.
7. Petitioner believes, and therefore avers that Lisa Marie Depietro does not already
have a guardian.
8. Petitioner asserts that Lisa Marie Depietro is incapacitated as defined by chapter 55
of the Probate Estates and Fiduciaries Code.
9. Because of her impaired mental condition, Lisa Marie Depietro lacks the capacity to
provide for her own general care, maintenance and custody; specifically, Lisa Marie
Depietro does not have:
A. Safe, stable, and appropriate housing;
B. Sufficient means to adequately care for herself;
C. Ongoing mental health services to monitor her prior diagnosis of schizo-
affective disorder-bipolar and Attention Deficit Disorder; and
D. does not currently maintain appropriate medications to monitor and
control symptoms of her diagnoses.
10. Because of her impaired mental condition, Lisa Marie Depietro is totally unable to
manage her financial affairs, property and business and to make and communicate
responsible decisions relating thereto; specifically, Lisa Marie Depietro has not:
A. Followed up with her application for Social Security-Disability that would
provide the means to assure for safe, stable, and appropriate housing as
well as sustenance;
B. Maintained any legal source of income to meet her day to day needs;
C. Applied for cash or medical assistance to which she could be eligible; or
D. Developed a plan to assure for her basic needs.
11. A power of attorney would be a less restrictive alternative than guardianship,
however, Lisa Marie Depietro currently does not have an attorney in fact and she
also lacks the capacity at present to appoint one.
12.The proposed guardian, Caroline Northup, is qualified to serve as a guardian for her
sister. By signing hereto, Caroline Northup certifies her consent to act as appointed
guardian of the person and guardian of the estate of Lisa Marie Depietro on a
permanent basis. Caroline Northup further represents by her signature she does
not have any interest adverse to Lisa Marie Depietro and she will carry out her duty
as guardian of the person and the estate in a competent manner.
13. Lisa Marie Depietro does not own any real estate. She does not have any income
of any kind.
WHEREFORE, the Petitioner respectfully requests the Court appoint Caroline
Northup permanent guardian of the person and estate of Lisa Marie Depietro in this
matter.
Respectfully submitted,
William M. Shreve
Supreme Court ID # 82337
(717)234-6001
3618 North Sixth Street
P.O. Box 5292
Harrisburg, PA 17110
IN RE
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
LISA MARIE DEPIETRO,
an alleged incapacitated person NO.:
ORPHANS COURT DMSION
VERIFICATION
I verify that the statements made in this Petition for Guardianship of the
Estate and Person are true and correct with averments numbered 1 through 13. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A.
§ 4904, relating to unswom falsification to authorities.
Date: ~