HomeMy WebLinkAbout11-13-08IN RE: MARGARET E. deSILVESTRI, IN THE COURT OF COMMON PLEAS OF
An Alleged :CUMBERLAND COUNTY, PENNSYLVANIA
Incapacitated Person :ORPHANS' COURT DIVISION
NO. 21-08-0924
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RESPONSE TO PETITIONER'S EXCEPTIONS ? ~~' ~
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AND NOW, comes Margaret E. deSilvestri, by her attorney, James L. ~'~~1 Es~}ire, < ~ - _
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and answers Petitioner's Exceptions as follows: ':~-~ -i
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1. Admitted
2. Admitted
3. It is admitted that Margaret E. deSilvestri did not file an answer to the Petition,
however, Mrs, deSilvestri did appear in Court at the time of the hearing to object to the proposed
appointment of Mrs. Anna K. Bailey as her guardian and to the Petition to adjudge her as
incompetent.
4. Admitted
5. It is admitted that Dr. Hume performed a "truncated evaluation" of Mrs.
deSilvestri.
6. It is admitted that Dr. Hume opined the information in Petitioner's Exception #6.
By way of further answer, it is averred that Dr. Hume received most of the information he used
in preparing his medical report from Anna K. Bailey, Petitioner herein.
7. It is admitted that Dr. Hume opined that Mrs. deSilvestri needed a guardian. By
way of further answer, it is averred Dr. Hume's opinion was based on his "face to face"
examination of Mrs. deSilvestri which, according to billing records of Petitioner's attorney,
amounted to no more than one-half hour.
8. Admitted
9. Denied. It is admitted that counsel for Mrs. deSilvestri were exploring the cost
factor involved in retaining a trustee to oversee Mrs. deSilvestri's portfolio, subject to Mrs.
deSilvestri's approval.
10. Admitted
11. (a) Denied. Respondent is without sufficient knowledge or information to
farm a belief as to the truth of the matter averred in this paragraph and proof thereof is
demanded.
(i) Admitted. By way of further answer, the Respondent's answer to
Paragraph 6 is hereby incorporated herein as if it were fully set forth.
(ii) It is denied that no party in interest objected to Mrs. Anna K.
Bailey's appointment. Mrs. deSilvestri appeared in Court and objected to Mrs. Bailey's
proposed appointment as guardian and adjudication as an incompetent.
(iii) Denied. Respondent is without sufficient knowledge or
information to form a belief as to the truth of the matter averred in this paragraph and proof
thereof is demanded.
(iv) Denied. Respondent is without sufficient knowledge or
information to form a belief as to the truth of the matter averred in this paragraph and proof
thereof is demanded.
(b) Denied. Respondent is without sufficient knowledge or information to
form a belief as to the truth of the matter averred in this paragraph and proof thereof is
demanded.
(c) Denied. Respondent is without sufficient knowledge or information to
form a belief as to the truth of the matter averred in this paragraph and proof thereof is
demanded. By way of further answer, it is averred that Mrs. Bailey is prohibited from serving as
guardian to Respondent because she provided residential services to Respondent for a fee
contrary to 20 Pa. C.S. §5511(f).
(d) Denied. Respondent is without sufficient knowledge or information to
form a belief as to the truth of the matter averred in this paragraph and proof thereof is
demanded. By way of further answer, it is averred that Mrs. Bailey is prohibited from serving as
;guardian to Respondent because she provided residential services to Respondent for a fee
contrary to 20 Pa. C.S. §SSll(f).
(e) Denied. Respondent is without sufficient knowledge or information to
form a belief as to the truth of the matter averred in this paragraph and proof thereof is
demanded.
(f) Denied. Respondent is without sufficient knowledge or information to
form a belief as to the truth of the matter averred in this paragraph and proof thereof is
demanded.
(g) It is denied that it is in the best interest of Mrs. deSilvestri to undergo any
further evaluation.
(h) Denied. Respondent is without sufficient knowledge or information to
form a belief as to the truth of the matter averred in this paragraph and proof thereof is
demanded.
12. This paragraph constitutes a request by the court and no response is required,
except to say that Respondent opposes such request.
13. Respondent would agree that transcription of the testimony from the October 20,
208 hearing is currently unnecessary, but should be transcribed rp for to any additional hearing,
if one is so ordered.
WHEREFORE, Respondent, Margaret E. deSilvestri, respectfully requests the Court to
dismiss Petitioner's Exceptions.
Respectfully submitted,
J s L. Walsh, Esquire
ty. ID No. 16676
2215 Forest Hills Drive, Suite 37
Harrisburg, PA 17112-1099
(717)787-5220
VERIFICATION
I, James L. Walsh, Esquire, verify and state the following:
I am counsel for the Respondent, Margaret E. deSilvestri, in the foregoing matter
and I am signing this Verification in accordance with Pa. R.C.P. No. 1024(c).
2. The statements made in foregoing Response to Petitioner's Exceptions are true
and correct to the best of my knowledge.
3. I understand that false statements herein are made subject to the penalties of 18
l?a. C.S. §4904, relating to unsworn falsification to authorities.
Dated: ~~~' ~~ ~ ~~
IN RE: MARGARET E. deSILVESTRI, IN THE COURT OF COMMON PLEAS OF
An Alleged :CUMBERLAND COUNTY, PENNSYLVANIA
Incapacitated Person :ORPHANS' COURT DIVISION
NO.21-08-0924
CERTIFICATE OF SERVICE
I, James L. Walsh, Esquire, do hereby certify that on this ~~~~' day of November,
2008, I served a true and correct copy of the foregoing Response to Petitioner's Exceptions by
sending the same by first class U.S. mail, postage prepaid, addressed to the party or attorney of
record, as follows:
Bradford Dorrance, Esquire
Keefer Wood Allen & Rahal, LLP
201 Walnut Street
PO Box 11963
Harrisburg, PA 17108-1963
Roger J. Pleva
c/o Marlin R. McCaleb, Esquire
PO Box 230
Mechanicsburg, PA 17055-0230
BNY Mellon
c/o Robert P. Grubb, Esquire
Metzger Wickersham
PO Box 5300
Harrisburg, PA 17110-0300
dame L. Walsh, Esquire
A . ID No. 16676
215 Forest Hills Drive, Suite 37
Harrisburg, PA 17112-1099
(717)787-5220