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IN RE: MARGARET E. deSILVESTRI, IN THE COURT OF COMMON PLEAS OF
An Alleged CUMBERLAND COUNTY, PENNSYLVANIA
Incapacitated Person ORPHANS' COURT DIVISION
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On the Petition of
Anna K. Bailey, Friend of Alleged Incapacitated Person
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PETITION UNDER SECTION 5511 OF THE ~ ~? -'~ 3
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PROBATE, ESTATES AND FIDUCIARIES CODE _ .,-~ tv ~~'~=?
TO ADJUDICATE MARGARET E . deSILVESTRI _-. ~-~: ~, .-t~
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INCAPACITATED AND TO APPOINT A - ' ~ '' -``~ ~-
GUARDIAN OF HER PERSON AND ESTATE
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TO THE HONORABLE ORPHANS' COURT JUDGE:
1. Petitioner, Anna K. Bailey ("Mrs. Bailey"), is an
adult individual residing at 18 Central View Road, Dillsburg,
Pennsylvania 17019-9739.
2. Margaret E. deSilvestri ("Mrs. deSilvestri"), the
alleged incapacitated person, is an 86-year-old widow and United
States citizen who lives at 22 Country Club West, Camp Hill,
Pennsylvania 17011.
3. Mrs. deSilvestri has no living spouse or issue,
her only son having died without issue several years ago.
Additionally, all of Mrs. deSilvestri's siblings are deceased,
and her closest living relative (and only intestate heir) is her
nephew, Roger J. Pleva.
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4. To the best of petitioner's information and
belief, Mrs. deSilvestri has the following next of kin and/or
interested parties entitled to notice of this proceeding:
Mrs. Anna K. Bailey (petitioner and friend)
18 Central View Road
Dillsburg, PA 17019-9739
Mr. Roger J. Pleva (nephew)
c/o Marlin R. McCaleb, Esquire
P.O. Box 230
Mechanicsburg, PA 17055
BNY Mellon (Trustee f/b/o
Margaret E. deSilvestri Under Will
of Mable R. Reigle, Deceased)
c/o Robert P. Grubb, Esquire
METZGER WICKERSHAM
P.O. Box 5300
Harrisburg, PA 17110-0300
5. Petitioner is qualified to file this petition in
that:
(a) she is interested in the welfare of her long-
time friend, Mrs. deSilvestri;
(b) she has personally helped Mrs. deSilvestri
with managing her finances and her activities of daily living;
and
(c) she is named as executor and sole residuary
legatee in Mrs. deSilvestri's current Will dated September 25,
2005. (Attached as Exhibit "A" is an unsigned copy of the Will.
On information and belief, the original, signed Will is in the
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possession of Mrs. deSilvestri's attorney, Steve C. Nicholas,
who has declined to provide a signed copy citing his client's
right to confidentiality.)
6. The name and address of the person or institution
most recently providing residential services to Mrs. deSilvestri
are as follows: None.
7. The name and address of other service providers
are as follows: None.
8. On information and belief, Mrs. deSilvestri was
not a member of the United States Armed Services and has not been
a resident in a Veterans Administration Hospital (or in any
mental health hospital). On information and belief, Mrs.
deSilvestri does not receive any benefits from the United States
Veterans Administration.
9. Petitioner requests that she be appointed guardian
of Mrs. deSilvestri's person and estate. The proposed guardian's
consent is attached to this petition as Exhibit "B."
10. This Court has jurisdiction and venue under 20 Pa.
C.S. §711(10), 721(2), 5512(a), because Mrs. deSilvestri, the
alleged incapacitated person, maintains her sole residence and
domicile in Cumberland County, Pennsylvania.
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11. On information and belief, no court has ever
assumed jurisdiction in any proceeding to appoint a guardian or
to determine whether Mrs. deSilvestri is incapacitated.
12. On information and belief, Mrs. deSilvestri does
not have a guardian, trustee, or power of attorney.
13. The appointment of a personal guardian is
necessary and appropriate in that:
(a) Mrs. deSilvestri needs a personal guardian to
authorize or withhold any medical treatment or surgery; and
(b) Mrs. deSilvestri is partially or totally
incapacitated as alleged below.
14. The functional limitations and the physical and
mental condition of Mrs. deSilvestri are as follows:
(a) during the past two years, Mrs. deSilvestri
has received sporadic medical and dental treatment and has showed
signs of dementia and paranoia to those who have been in regular
contact with her;
(b) on August 13, 2008, John M. Hume, M.D., J.D.
met with Mrs. deSilvestri and evaluated her mental capacities;
(c) according to Dr. Hume, Mrs. deSilvestri
suffers from irreversible conditions which impair her capacity to
receive and evaluate information effectively, and which impair
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her ability to meet essential requirements for her physical
health and safety;
(d) according to Dr. Hume, Mrs. deSilvestri is
incapacitated and is unable to handle her financial and medical
affairs. Attached as Exhibit "C" is a copy of Dr. Hume's August
14, 2008 evaluation.
15. The following steps have been taken to determine
whether there are less restrictive alternatives to the
appointment of a guardian:
(a) an investigation as to whether Mrs.
deSilvestri has signed a durable power of attorney, and whether
anyone is authorized to consent to medical treatment; and
(b) medical confirmation that Mrs. deSilvestri is
incapacitated and is therefore incapable of signing a power of
attorney.
16. If the Court determines that Mrs. deSilvestri is
partially incapacitated and is in need of limited guardianship
services of the person, petitioner requests that she, as proposed
guardian, be granted powers to act for Mrs. deSilvestri in the
following specific areas:
(a) authorizing Mrs. deSilvestri's continued stay
at home or admission to a medically appropriate health care
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facility or otherwise designating an appropriate residence for
Mrs. deSilvestri;
(b) assuring that Mrs. deSilvestri receives such
training, education, medical, and psychological services and
social and vocational opportunities as are appropriate;
(c) assisting Mrs. deSilvestri in the development
of maximum self-reliance and independence;
(d) providing all required consents and approvals
on behalf of Mrs. deSilvestri, including consents to treatment
and surgery and authorizing the Social Security Administration to
forward any social security checks to the appropriate health care
facility; and
(e) acting with such other powers as are
incidental to or related to the foregoing.
17. Alternatively, if the Court finds that Mrs.
deSilvestri is totally incapacitated and in need of plenary
guardianship services of the person, petitioner requests that
she, as proposed guardian, be granted powers to act in the
following areas:
(a) all the specific powers enumerated in
paragraph 16 above; and
(b) such other powers as the Court may deem
necessary or appropriate.
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18. A limited or plenary guardian of the estate of
Mrs. deSilvestri is also necessary and appropriate in that:
(a) on information and belief, Mrs. deSilvestri's
only source of income is her monthly social security check of
approximately $275;
(b) with the exception of her 1990 Buick Riviera
automobile and her checking account at Members' 1st Federal
Credit Union (with a current balance of roughly $70,000), Mrs.
deSilvestri's only asset is her 50 percent distributive share of
that certain testamentary trust established under the Will of her
late mother, Mabel R. Reigle, who died in 1966 (probated and
entered to Cumberland Co. O.C.D. No. 2871 of 1966);
{c) the trustee of this trust is BNY Mellon,
which is proposing to distribute roughly $500,000 each to Mrs.
deSilvestri and to her nephew, Roger J. Pleva, in termination of
the trust;
(d) it is necessary that a guardian be appointed
to sign the trust termination documents on behalf of Mrs.
deSilvestri and to receive and manage the funds for her benefit;
and
(e) Mrs. deSilvestri's current liabilities are
less than $10,000 and, upon termination of the trust, her gross
estate will be in the vicinity of $500,000 to $600,000.
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19. Petitioner, the proposed personal and financial
guardian, has the following qualifications:
(a) Mrs. Bailey is familiar with Mrs.
deSilvestri's finances and her medical condition and has no
interest which is adverse to her;
(b) Mrs. deSilvestri has no other friends or next
of kin who are willing and able to serve as her personal or
financial guardian;
(c) the next of kin and interested parties are
set forth in paragraph 4 above (and are all represented by
counsel); and
(d) all parties in interest consent to Mrs.
Bailey's being appointed personal and financial guardian for Mrs.
deSilvestri.
WHEREFORE, pursuant to Section 5511 of the Probate,
Estates, and Fiduciaries Code, petitioner respectfully requests
that this Honorable Court issue a preliminary decree in
substantially the form accompanying this petition, directing that
all parties in interest show cause why Margaret E. deSilvestri
should not be adjudged a partially or totally incapacitated
person and why Anna K. Bailey should not be appointed a limited
or plenary guardian of her person and estate. Petitioner
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requests such other relief as the Court may deem necessary or
appropriate.
Respectfully submitted,
KEEFER WOOD ALLEN & RAHAL, LLP
Dated: ~ll~ (p~ By:
Bradford Dorrance
I.D. No. 32147
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
(717) 255-8014
(Attorneys for Petitioner)
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DeSilvestri Peggy Will scn/will
LAST WILL AND TESTAMENT
OF
MARGARET E. DeSILVESTRI
I, MARGARET E. DeSILVESTRI of 22 Country Club Place West,
Camp Hi 11, Cumberland County, Pennsylvania 17011, declare this to
be my Last Will and revoke any Will or Codicil previously made by
me.
ITEM I: I direct that all expenses of my last illness and
funeral shall be paid from my residuary estate as soon as
practicable after my decease as a part of the expense of the
administration of my estate.
ITEM II: I direct that all taxes that may be assessed in
consequence of my death, of whatever nature and by whatever
jurisdiction imposed, shall be paid from my residuary estate as a
part of the expense of the administration of my estate, without
apportionment.
ITEM III: I give, devise and bequeath the sum of Five
Thousand and 00/100 ($5,000.00) Dollars to my daughter-in-law,
CYNTHIA D. DeSILVESTRI of 1115 Green Street, Harrisburg,
Pennsylvania providing that she shall survive me by thirty (30)
days.
ITEM IV: I give, devise and bequeath all the rest, residue
and remainder of my estate of every. nature and wherever situate,
to my friend, ANNA K. BAILEY of 18 Central View Road, Dillsburg,
Pennsylvania 17019, providing that she shall survive me by thirty
(30) days.
ITEM V: I hereby authorize and empower my Executrix
hereinafter named to sell all of the real property and any or all
of the personal property not specifically bequeathed herein,
which I may own or to which I am entitled at the time of my
death, in the sole discretion of my Executrix at private or
public sale, without an Order of Court, at such time or times and
upon such terms as the said Executrix shall deem proper for the
best i nterests of my estate or of my beneficiaries, thereby
converting the same into cash. I further authorize and empower my
said Executrix to execute, acknowledge and deliver all proper
writings and deeds of conveyance and transfer thereof.
Exhibit "A"
ITEM VI: The principal and income of any bequests created
hereunder shall be free from anticipation, assignment, pledge or
obligation of any beneficiaries and shall not be subject to an
execution or attachment or to voluntary or involuntary
alienation.
ITEM VII: I appoint my friend, ANNA K. BAILEY, Executrix of
this m Will. Should ANNA K. BAILEY be unable to serve as
Executrix for any reason, I then appoint my attorney, STEVE C.
NICHOLAS, Esquire, Executor of this my Last Will.
ITEM VIII: I direct that my Executrix or her successors
shall not be required to give bond far the faithful performance
of their duties in any jurisdiction.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
this day of 2005.
MARGARET E. DeSILVESTRI
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The preceding instrument, consisting of this and two (2)
other typewritten pages, identified by the signature of the
Testatrix, MARGARET E. DeSILVESTRI, was on the day and date
thereof signed, published and declared by MARGARET E.
DeSILVESTRI, the Testatrix therein named, as and for her Last
Will, in the presence of us, who, at her request and in her
presence and in the presence of each other, have subscribed our
names as witnesses hereto.
Of
of
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ACKNOWLEDGMENT
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN
I, MARGARET E. DeSILVESTRI, the Testatrix whose name is
signed to the attached or foregoing instrument, having been duly
qualified according to law, do hereby aclcnowledge that I signed
and executed the instrument as my Last Will; and that I signed it
willingly and as my free and voluntary act for the purposes
therein expressed.
Sworn to or affirmed and acknowledged before me by MARGARET
E. DeSILVESTRI, Testatrix, this day of 2005.
MARGARET E. DeSILVESTRI
Notary Public
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COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF DAUPHIN '
witnesses whose names are signed to the
WE, the undersigned,
ualified according
oin instrument, being duly q
attached or foreg g resent and saw the
to law, do depose and say that we were p
Testatrix, sign and execute the instrument as her thate each
voluntary act for the purposes th andns eht ofethe Testiatrix
witness in the hearing g
subscribing of our
and that to the best
signed the Will as a witness; ears of
knowledge, the Testatrix was at that time 18 or more Y
age, of sound mind and under no constraint or undue influence.
Sworn to or affirmed and subscribed before me by the
da of 2005.
undersigned witnesses, this - y
Witness
Witness
Notary Public
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IN RE: MARGARET E. deSILVESTRI, IN THE COURT OF COMMON PLEAS OF
An Alleged CUMBERLAND COUNTY, PENNSYLVANIA
Incapacitated Person ORPHANS' COURT DIVISION
. N0.
CONSENT TO APPOINTMENT AS PERSONAL AND FINANCIAL GUARDIANS
1. The name of the proposed guardian: Anna K. Bailey.
2. The proposed guardian's principal address is:
Mrs. Anna K. Bailey, 18 Central View Road, Dillsburg, PA 17019-
9739.
3. The proposed guardian is a friend of Margaret E.
deSilvestri, the alleged incapacitated person.
4. The proposed guardian speaks, reads, and writes
the English language, and is a citizen of the United States.
5. The proposed guardian does not have an interest
adverse to the alleged incapacitated person.
6. The proposed guardian is not an officer or
employee of a corporate fiduciary of an estate in
which the alleged incapacitated person has an interest; and is
not the surety, or officer or employee of a corporate surety of
such fiduciary.
7. The proposed guardian consents to act as guardian
of the person and estate of her friend, Margaret E. deSilvestri.
Dated: ~' ~-' ~~
na K. Bailey
Exhibit "B"
John M. Hume, M.D., J.D.
875 Valley Street
Marysville, PA 17053-9792
717-957-2401
August 14, 2008
Robert Church, Esq.
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
RE: In the Interest of Margaret DeSilvestri
Dear Mr. Church:
I saw Mrs. DeSilvestri for competency to manage her financial, personal, and health needs on
08/13/08 at her residence of 22 Country Club Place West in Camp Hill. As you are aware from
your presence during the evaluation, Mrs. DeSilvestri was, for the most part, extremely
uncooperative. It is my opinion with a reasonable degree of medical certainty that the behavior
arose from two factors; clear evidence of dementia and paranoid misperceptions reaching a
psychotic level.
She accused me of parking in front of her house for the last hour and rhetorically asked, "What
are the neighbors going to think of me?" The actual time I had parked was less than ten minutes,
awaiting your arrival. Before you came in she said she was firing her present attorney, but could
not provide his name. Later in the interview, after hearing your name several times, she could
remember it. She could not remember mine, despite my having told her three different times.
As you know, she described your outstanding bill as $14.00 rather than the $14,000.00 it actually
was. When she finally seemed to understand the amount, she could give no explanation why it
had not been paid. She insisted she had paid money due to Anna Bailey, who advanced her
money for living expenses after she had a delay in the trust settlement and then misplaced a
$100,000.00 check. She was not able or willing to discuss any of the details necessary to move
forward in settling the trust. Mrs. Bailey indicated while we were there that the only way she
had gotten any money for the expenses she had advanced was to bribe Mrs. DeSilvestri by
saying there would be no more groceries or food unless she paid up. Mrs. DeSilvestri gave false
information regarding her awareness and planning for the evaluation, insisting she had never
been told of the appointment, though Anna Bailey clearly confirmed that she had been told and
the issue arose because of Mrs. DeSilvestri's severely impaired memory. When asked who Mrs.
Bailey was, her caregiver was described as a friend who comes around once or twice a week,
when in actuality Mrs. Bailey comes every day and has made it possible for Mrs. DeSilvestri to
remain in her current domicile.
On entering the apartment, Mrs. DeSilvestri appeared disheveled, and there was a foul, sour odor
of sweat. Mrs. Bailey, in a subsequent communication related that the alleged incompetent had
Exhibit "C"
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Page 2
Margaret DeSilvestri
08/14/08
worn the same dress every day for the past four months and refused to allow it to be washed or
cleaned. In terms of orientation, Mrs. DeSilvestri would only say this was her house and she
could say whom she wanted in and who wasn't welcome. As you are aware, she stated you were
not her lawyer and she didn't trust you, but when pressed could give no rational explanation for
her feelings. She declined to answer any further questions regarding her finances or source of
income. (All financial issues had to be handled by Mrs. Bailey, who quit a Commonwealth job
to stay with Mrs. DeSilvestri, with the understanding she would be paid the same wages she
earned working for the Commonwealth).
In summary, it is my opinion that Mrs. DeSilvestri suffers from dementia, probably of the
Alzheimer's type, moderately advanced, and an untreated paranoid disorder of psychotic
proportions. She is unable to describe or understand her financial affairs, which have had to be
handled by her caregiver. Her memory for recent events is severely compromised, and she
demonstrates an inability to manage activities of daily living without extensive assistance. It is
my opinion, with a reasonable degree of medical certainty that Mrs. DeSilvestri is not capable of
managing her financial, personal, and health needs, and requires daily assistance from her
caregiver, Anna Bailey, to survive. It is my opinion that Mrs. DeSilvestri meets the statutory
description of an individual who is incompetent to manage their finances or their own affairs.
Thank you for the opportunity to evaluate this troubled woman. If you have any questions,
please do not hesitate to be in touch with me.
Very Truly Yours,
John M. Hume, M.D., J.D.
JMH/DS-kts
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VERIFICATION
I, Anna K. Bailey, verify and state that:
1. I am a friend of Margaret K. deSilvestri and the
petitioner in the foregoing action.
2. The facts set forth in the foregoing petition are
true and correct to the best of my knowledge, information, and
belief.
3. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. §4904, relating to
unsworn falsification to authorities.
Dated: 7
nna K. Bailey ~
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CERTIFICATE OF SERVICE
I hereby certify that I have this day served a copy of
the foregoing document upon the person(s) and in the manner
indicated below:
First-Class Mail, Postage Prepaid
Addressed as Follows:
Mrs. Anna K. Bailey
18 Central View Road
Dillsburg, PA 17019-9739
Mr. Roger J. Pleva
c/o Marlin R. McCaleb, Esquire
P.O. Box 230
Mechanicsburg, PA 17055
BNY Mellon
c/o Robert P. Grubb, Esquire
METZGER WICKERSHAM
P.O. Box 5300
Harrisburg, PA 17110-0300
Dated: il~~ld~
Bradford Dorrance