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HomeMy WebLinkAbout08-24-06 c RICHARD F. MAFFETT, ..JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (71 7) 233-41 60 for Petitioners IN RE: JAMES N. VOLTZ, JR., Respondent, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION AN ALLEGED INCAPACITATED PERSON NO. 06 ORPHAN'S COURT ~ -~.,.... TO THE HONORABLE JUDGES OF SAID COURT: PETITION TO ADJUDICATE INCAPACITY PURSUANT TO 20 P.S. 5511 AND FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON AND THE ESTATE - -\ {-..) AND NOW, this )..1ffhday of 1l'J u if ,2006, comes Petitioners, KATHRYN A. VOL TZ and JAMES N. VOLTZ, SR., parents of JAMES N. VOLTZ, JR., Respondent, by Richard F. Maffett, Jr., Esquire, and submit this Petition To Adjudicate Incapacity and For The Appointment ofa Guardian of The Person And The Estate, pursuant to 20 P.S. 5511; and, in support thereof, aver the following: 1. Petitioners Kathryn A. Voltz and James N. Voltz, Sf. are adult individuals who reside at 900 Hertzler Road, Mechanicsburg, Cumberland County, P A. 2. Petitioners are the natural parents of Respondent, James N. Voltz, Jr. 3. Respondent, James N. Voltz, is an adult individual, age nineteen (19), having been born August 27, 1986, who resides at 900 Hertzler Road, Mechanicsburg, PA. 4. Respondent lives with his parents, Kathryn A. Voltz and James N. Voltz, Sf., Petitioners. 5. Petitioners, Kathryn A. Voltz and James N. Voltz, Sr., are all of the persons who are entitled to share in the estate of Respondent, James N. Voltz, Jr., ifhe died intestate. 6. Lyle Jobe, M.D., has been Respondent.'s treating psychiatrist since February 13,2004, continuing to the present. 7. Respondent has not been a member of the United States Armed Services, nor is he receiving any benefits from the United States Veterans Administration. 8. No court has ever assumed jurisdiction in any proceeding to determine the competency or capacity of Respondent; and, no guardian of Respondent's person and/or estate has ever been appointed or requested. 9. Respondent James N. Voltz, Jr. has significant permanent cognitive and behavioral impairments, difficulties with information processing; and, language impairments. (See the medical report of Lyle Jobe, MooD., dated August 4,2006, attached as "Exhibit A") 10. Respondent James N. Voltz, Jr., is unable to independently manage his funds, make bank deposits and/or withdrawals, and/or pay his bills. (See Exhibit A attached.) 11. Respondent James N. Voltz, Jr.'s ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that he is totally unable to manage financial resources or to meet the essential requirements for physical health and safety. (See Exhibit A attached) 12. James N. Voltz, Jr., Respondent, has resided since birth with his parents, Kathryn A. Voltz and James N. Voltz, Sr., Petitioners herein. 13. Petitioner, Kathryn A. Voltz, mother of Respondent, is age fifty-one (51), having a date of birth of June 16, 1955; and, is a college graduate. 2 14. Since Respondent's birth, Petitioner Kathryn A. Voltz has forsworn formal employment to care for Respondent. 15. Petitioner, James N. Voltz, Sr., father of Respondent, James N. Voltz, is forty-nine (49) years old, having a date of birth of December 9, 1956, and is a college graduate. 16. Petitioner, James N. Voltz, Sr., has been employed as Managing Director with Marsh, USA, Inc., in Harrisburg, P A. for six (6) years. 17. Petitioners, Kathryn A. Voltz and James N. Voltz, Sr., have been married for twenty- four (24) years. 18. Mr. and Mrs. Voltz have owned their home at 900 Hertzler Road, Mechanicsburg, P A, since 1997. 19. Since Respondent's birth, his parents, Kathryn A. Voltz and James N. Voltz, Sr., Petitioners herein, have provided him with the necessary daily assistance for all activities of daily living. 20. From the time of Respondent's birth through the present, Petitioners have managed Respondent's financial affairs, including: purchase of necessary items; application for benefits; banking; filing tax returns; investment; and, accounting. 21. Kathryn A. Voltz and James N. Voltz, Sr., parents of Respondent, remain willing and able to assist him with his activities of daily living and to manage his financial resources; and, to be Guardians over both his person and his estate. 22. Respondent James N. Voltz, Jr., desires that his parents continue to care for him and manage his financial affairs. 3 23. Petitioners Kathryn A. Voltz and James N. Voltz, Sr., have no interest adverse to that of Respondent James N. Voltz, Jr. 24. Petitioners allow Respondent James N. Voltz, Jr., to participate in his care and financial affairs to the extent of his ability~ and, provide assistance to Respondent only when necessary . 25. Petitioners seek to be appointed guardians of Respondent so they have legal authority to manage the financial and personal affairs of James N. Voltz, Jr., Respondent. 26. Appointing Petitioners Kathryn A. Voltz and James N. Voltz, Sr., custodial parents of Respondent, as his guardians is the least restrictive alternative for his care that is appropriate. 27. Respondent has no income, but participates in internships with: the Mechanicsburg School District~ Wingate Hotels~ and, The John Gross Company. WHEREFORE~ Petitioners KATHRYN A. VOLTZ and JAMES N. VOLTZ, SR., respectfully request that Your Honorable Court declare Respondent JAMES N. VOLTZ, JR. to be an Incapacitated Person and appoint Petitioners KATHRYN A. VOLTZ and JAMES N. VOL TZ as guardians of both the person and estate of JAMES N. VOLTZ, JR. Respectfully submitted, Dated: X llt/ot- 4 UPWARD BOUND Psychiatry and Psychotherapy Services, Inc. August 4, 2006 Richard Maffett, Jr., Attorney at Law 2201 North Second Street Harrisburg, PA 17110 Re: James N. Voltz Jr., DOB 8-27-86 Dear Mr. Maffett: I have been involved in the treatment of James Voltz Jr. since February 13,2004, with the most recent appointment on June 27,2006. He has been diagnosed with Autism and Bipolar Disorder. In addition an IQ test obtained in 1996 revealed a full scale IQ of 68. I am in full support of James parents obtaining guardianship, since I believe James to be an incapacitated person in need of a guardian who is unable to manage his own financial resources. Sincerely, ~().p Lyle L. Jobe, M.D., M.S. Child and Adolescent Psychiatrist LLJ/ask EXHIBIT A RECEIVED AUG 0 8 200S 4800 Linglestown Road. Suite 303. Harrisburg, PA 17112. (717) 545-1427. Fax: (717) 545-1428 RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (717) 233-4160 Attorney for Petitioners IN RE: JAMES N. VOLTZ, JR., Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA AN ALLEGED INCAPACITATED PERSON ORPHAN'S COURT DIVISION NO. 06 ORPHAN'S COURT CONSENT AND STATEMENT OF PROPOSED GUARDIAN. KATHRYN A. VOLTZ AND NOW, this L/ day of S /./16 ,2006, comes KATHRYN A. VOLTZ, and in regard to the Petition To Adjudicate Incapacity Pursuant To 20 P.S. 5511 And For The Appointment of a Guardian of the Person and the Estate, avers the following: 1. The undersigned is the natural mother of James N. Voltz, Jr., alleged incapacitated person; 2. The undersigned is a citizen of the United States of America; and, is able to speak, read, and write the English language; 3. The undersigned resides in the same household as James N. Voltz, Jr., alleged incapacitated person; 4. James N. Voltz, Jr., the alleged incapacitated person, is not a minor, having a date of birth of August 27, 1986; 5. It is not the intention of the undersigned to apply for an allowance for the support or education of James N. Voltz, Jr., the alleged incapacitated person; 6. The undersigned is not the fiduciary or an officer or employee of a corporate fiduciary of an estate in which the minor has an interest nor the surety or an officer or an employee of the corporate surety of such a fiduciary; and, the undersigned has no interest adverse to James N. Voltz, Jr., the alleged incapacitated person; 7. The undersigned remains willing and able to assist James N. Voltz, Jr., the alleged incapacitated person, with his activities of daily living and to manage his financial resources; 8. The undersigned hereby consents to appointment as the permanent guardian of the PERSON of James N . Voltz, Jr., alleged incapacitated person; 9. The undersigned hereby consents to appointment as the permanent guardian of the EST A TE of James N. Voltz, Jr, alleged incapacitated person.; 10. The undersigned hereby also consents to appointment of her husband, James N. Voltz, Sr. as a guardian of the PERSON of James N. Voltz, Jr, alleged incapacitated person.; and, 11. The undersigned hereby also consents to appointment of her husband, James N. Voltz, Sr., as a guardian of the ESTATE of James N. Voltz, Jr, alleged incapacitated person. Respectfully submitted, RICHARD F. MAFFETT, JR., ESQUIRE PA35539 2201 North Second Street Harrisburg, PA 17110 (71 7) 233-41 60 Attorney for Petitioners IN RE: JAMES N. VOLTZ, JR., Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA AN ALLEGED INCAPACITATED PERSON ORPHAN'S COURT DIVISION NO. 06 ORPHAN'S COURT CONSENT AND STATEMENT OF PROPOSED GUARDIAN, JAMES N. VOLTZ, SR. AND NOW, this!i day of 51-\1 r' 2006, comes JAMES N. VOLTZ, SR., and in regard to the Petition To Adjudicate Incapacity Pursuant To 20 P.S. 5511 And For The Appointment of a Guardian of the Person and the Estate, avers the following: 1. The undersigned is the natural father of James N. Voltz, Jr., alleged incapacitated person; 2. The undersigned is a citizen of the United States of America; and, is able to speak, read, and write the English language; 3. The undersigned resides in the same household as James N. Voltz, Jr., alleged incapacitated person; 4. James N. Voltz, Jr., the alleged incapacitated person, is not a minor, having a date of birth of August 27, 1986; 5. It is not the intention of the undersigned to apply for an allowance for the support or education of James N. Voltz, Jr., the alleged incapacitated person; 6. The undersigned is not the fiduciary or an officer or employee of a corporate fiduciary of an estate in which the minor has an interest nor the surety or an officer or an employee of the corporate surety of such a fiduciary; and, the undersigned has no interest adverse to James N. Voltz, Jr., the alleged incapacitated person; 7. The undersigned remains willing and able to assist James N. Voltz, Jr. the alleged incapacitated person, with his activities of daily living and to manage his financial resources; 8. The undersigned hereby consents to appointment as the permanent guardian of the PERSON of James N. Voltz, Jr., alleged incapacitated person; 9. The undersigned hereby consents to appointment as the permanent guardian of the ESTATE of James N. Voltz, Jr, alleged incapacitated person.; 10. The undersigned hereby also consents to appointment of his wife, Kathryn A. Voltz, as a guardian of the PERSON of James N. Voltz, Jr, alleged incapacitated person.; and, 11. The undersigned hereby also consents to appointment of his wife, Kathryn A. Voltz, as a guardian of the ESTATE of James N. Voltz, Jr, alleged incapacitated person. Respectfully submitted, VERIFICATION I, JAMES N. VOLTZ, SR., have read the foregoing Petition To Adjudicate Incapacity Pursuant To 20 Ps. 5511 For The Appointment Of A Guardian of The Person and of The Estate and hereby affirm that it is true and correct to the best of my knowledge, or information and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. ~4904. Dated: / 11 /o~ VERIFICATION I, KATHRYN A. VOLTZ, have read the foregoing Petition To Adjudicate Incapacity Pursuant To 20 Ps. 5511 And For The Appointment of a Guardian of The Person and Of The Estate and hereby affirm that it is true and correct to the best of my knowledge, or infonnation and belief. This verification and statement is made subject to the penalties of 18 Pa. C.S.A. S4904 relating to unsworn falsification to authorities; I verify that all statements made in the foregoing are true and correct and that false statements may subject me to the penalties of 18 Pa. C.S.A. S4904. Dated: DIf/6b CERTIFICATE OF SERVICE The undersigned hereby certifies that he served a true and correct copy of the foregoing PETITION TO ADJUDICATE INCAPACITY PURSUANT TO 20 P.S. 5511 AND FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON AND THE ESTA TE by personal service upon James N. Voltz, Jr., at 900 Hertzler Road, Mechanicsburg, PA, 17055. Dated: 9JJ-~/a6 j;~ Richard F. Maffett, ire