HomeMy WebLinkAbout12-20-13 IN RE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
RAYMOND S. WITT, : ORPHANS' COURT DIVISION
An alleged incapacitated person
NO. 21-13- 1333
PETITION FOR APPOINTMENT OF PERMANENT PLENARY
GUARDIANS OF THE PERSON AND ESTATE
AND NOW COMES THE PETITIONER, Gordon Witt,who,pursuant to 20 PA.
C.S.A. 5513,prays this Court to grant the Petition and appoint the Petitioner and
Rosalind C. Jones as Permanent Plenary Guardians of the person and estate of the alleged
incompetent, Raymond S. Witt, for the following reasons:
I.
The Petitioner is Gordon Witt, age 77, who resides at 16 Devonshire Square,
Mechanicsburg, Cumberland County, Pennsylvania, and is the father of Raymond S.
Witt.
2.
The alleged incapacitated person is Raymond S. Witt, age 46, who resides at 315
West Main Street, Mechanicsburg, Cumberland County, Pennsylvania in a building
owned by his father.
3.
The known heirs and relatives of Raymond S. Witt are: C) w n
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A. Gordon Witt—Father m
16 Devonshire Square m ^' i� r
Mechanicsburg, Pennsylvania 17050 o Q
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B. Rosalind C. Jones—sister
5 Emlyn Lane
Mechanicsburg, PA 17055 a coo
C. Anthony Leo - Son
206 South 3rd Street—Apt. 3F
Philadelphia, PA 19106
4.
On or about March 23, 2003, Raymond S. Witt, while driving a motorcycle,
suffered a traumatic brain injury as the result of an accident with a pick up truck.
5.
Mr. Witt, who was wearing a helmet, was found unconscious at the scene and
taken to Hershey Medical Center where it was determined that he had a closed head
injury with left acute subdural hematoma which resulted in him undergoing a left
craniotomy with evacuation of hematoma.
6.
Other injuries from the accident included left scapular fracture, C1 fracture with
cervical collar, and NG tube placed.
7.
Upon his release from Hershey Medical Center, Mr. Witt was transported to
Health South in Mechanicsburg on April 9, 2003 for comprehensive rehabilitation
therapy.
8.
While a patient at Health South from April 9, 2003 to approximately June 5,
2003, he underwent several neuropsychological evaluations, the last of which stated that
he was showing continued severe cognitive impairments in a number of areas and that,
due to his continued decreased safety awareness,he was thought to require twenty-four
(24)hour supervision.
9.
Subsequent to his release from Health South, the Petitioner has made every effort
to place his son in programs that would help him but none have helped,
10.
The Petitioner, a single man, is the owner of property at 315 West Main Street,
Mechanicsburg, Pennsylvania and has allowed his son to live there.
11.
From the time he moved into 315 West Main Street in Mechanicsburg,
Pennsylvania to the present,there have been serious ongoing issues with Raymond S.
Witt such as:
A. The Mechanicsburg Police being contacted approximately 150 times from
2009 to 2013;
B. A number of admissions over the years to the Behavioral Health Unit at Holy
Spirit Hospital where he currently is a patient and has been a patient since
September 26, 2013; and
C. Has been admitted to the Behavioral Health Unit at Holy Spirit Hospital 5
times in 2013 and 3 times in 2012.
12.
During his current stay at Holy Spirit Behavioral Health Unit,Mr. Witt has been
evaluated by Gregory Sullivan, M.D., Adult Psychiatrist who states the following in a
letter dated November 20, 2013;enclosed herein and marked as Exhibit "A".
A. His most recent discharge diagnoses were Behavioral Disorder, Delusional
Disorder, and Mental Retardation secondary to Traumatic Brain Injury, along
with alcohol and cannabis abuse; and
B. That his cognitive disability has been extensively documented.
A copy of said letter is attached hereto,marked as Exhibit"A" and
incorporated herein by reference.
13.
Raymond S. Witt has, for at least the last three (3) months,been incapable of
managing and caring for himself and his financial affairs.
14.
Raymond S. Witt exhibits symptoms of mental incapacity.
15.
Raymond S. Witt's mental incapacity prevents him from managing and caring for
the affairs of his person and estate
16.
The alleged incapacitated person, Raymond S. Witt,has threatened to kill his
father on numerous occasions and Petitioner believes and,therefore, avers that his life is
at risk upon his son's discharge from the Behavioral Health Unit at Holy Spirit Hospital.
17.
Holy Spirit Hospital may soon not be able to justify keeping him there.
18.
The Petitioner believes and, therefore, avers that Raymond S. Witt's income consists
of Social Security Disability in the monthly amount of$1,340.00 and Disability Income
from UNUM Provident in the monthly amount of$1,839.00.
19.
Raymond S. Witt has executed a power of attorney appointing the Petitioner as
his attomey-in-fact.
20.
The interest of Petitioner is that of an elderly parent who loves his son.
21.
The Petitioner has no interest adverse to the alleged incompetent.
22.
Raymond S. Witt has never had a Guardian appointed of his person or estate.
23.
No previous application has been made for the Order herein asked for or for a
similar Order.
24.
No other court has ever assumed jurisdiction in any proceeding to determine the
competency of the alleged incapacitated person.
25.
Raymond S. Witt has refused offers of assistance from the Petitioner.
26
Petitioner asserts that Raymond S. Witt is'incapacitated as defined in Chapter 55 of
the Probate Estates and Fiduciaries Code.
27.
Because of his impaired mental and physical condition,Raymond S. Witt lacks the
capacity to provide for his own personal care and maintenance.
28.
Because of his impaired mental and physical condition, Raymond S. Witt is unable to
manage his financial affairs, property and business and is unable to make and
communicate responsible decisions relating thereto.
29.
Petitioner believes and, therefore, avers that a Permanent Plenary Guardianship is
necessary because it appears that a failure to make such an appointment will result in
irreparable harm to the person or estate of the alleged incompetent.
30.
The failure to appoint Petitioner as Permanent Plenary Guardian of the Person of
Raymond S. Witt exposes the Petitioner to great risk for his own personal safety.
31.
Petitioner and Rosalind C. Jones, sister of Raymond S. Witt, seek the appointment
of Permanent Plenary Guardians of the Person and Estate of Raymond S. Witt.
WHEREFORE,the Petitioner respectfully requests that:
The Court appoint Gordon Witt and Rosalind C. Jones as Permanent Plenary Guardians
of the Person and Estate of Raymond S. Witt; and for such other and further relief as the
Court may deem just and proper.
Respectfully Submitted,
er � �
Anthony L. Aluca, Esquire
P. O. Box 358
Boiling Springs, PA 17007
Phone: (717) 258-6844
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
Appointment of Permanent Plenary Guardians of the Person and Estate are true and
correct to the best of my knowledge, information, and belief. I understand that any false
statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904,
relating to unsworn falsification to authorities.
r
Dated: 2 \2-.
ON WITT
T �T
HOLY
SP WT
SPITAL
The Spirit of Caring
November 20, 2013
In order to assist Mr.Gordon Witt's efforts on his son's behalf, I have been requested to provide a letter
as to Mr. Raymond Witt's psychiatric condition. He has had numerous recent inpatient psychiatric
hospitalizations at our facility, and has been in ongoing outpatient treatment with me since 2006.
His most recent discharge diagnoses were Behavioral Disorder, Delusional Disorder,and Mental
Retardation secondary to Traumatic Brain Injury,along with alcohol and cannabis abuse.
Mr.Witt has been seriously impaired since sustaining a brain injury in a motor vehicle accident in March
of 2003. He was treated at Hershey Medical Center for closed head injury with subdural hematoma,
then transferred to Mechanicsburg Health South Rehabilitation Hospital with subsequent therapies at
Acorn Health Association and the Living Unlimited Program. He has been unable to sustain
employment, and resides in an apartment owned by his father,who as POA supervises Ray's finances,
but this has been a source of conflict, resulting in repeated police and emergency room contacts when
Raymond threatens his father. During his September 26 to October 10,2013 hospitalization, he refused
to consider having a guardian appointed,citing the fee imposed.
Mr.Witt's cognitive disability has been extensively documented during an extended rehabilitation
program he attended at Acordia Community Integrated Neuro Rehabilitation's Residential Facility in
Lancaster, PA from October 2006 through June 2007. The discharge summary states that his "memory
continues to be tested at severely impaired range",and that his deficits remained essentially static:(He)
"made minimal functional gains other than some slight improvement in social interaction with some of
the other clients". It was noted that Ray's lack of insight into his condition hampers him: "due to Ray's
impaired self-awareness, he was unwilling to learn functional compensatory strategies to work on
memory and attention skills"."He refused to do voluntary work;only interested in jobs beyond his
cognitive abilities"
Rays difficulties in both short and long term memory,as well as decision-making and judgment, are
consistently seen in outpatient appointments,where he will repeat the same question throughout the
twenty minute session,for example,frequently asking if he will continue to receive his disability check.
He cycles through an appreciation for father's efforts on his behalf and resentment on any limits on his
spending behavior. He is most always unable to account for any of the spending he has recently done.
EXHIBIT"A"
A Service of Holy Spint Health System
503 North 21st Street • Camp Hill, PA 17011.2288
(717) 763.2100