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HomeMy WebLinkAbout05-13-09IN THE COURT OF COMMON PL S OF CUMBERLAND COUNTY NO.'?-~ O~~ORPHANS' COURT U~ ESTATE OF THELMA L. BONARRIGO PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARIES CODE TO ADJUDICATE THELMA L. BONARRIGO TO BE INCAPACITATED AND TO APPOINT A PLENARY GUARDIAN FOR HER PERSON AND HER ESTATE r=i -i~7 L.~~`f7 _` _ 3 t TO THE HONORABLE, THE JUDGES OF SAID COURT: -~ ~ %~~ - ~~ ._, ; , , The Petition of Joseph H. Bonarrigo respectfully represents that: --~}--~' ~~ ,,_.~ , ~_ 1. Your Petitioner, Joseph H. Bonarrigo, is an adult individual who resides at 609 Hilltop Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Thelma L. Bonarrigo is the wife of your Petitioner, and also resides at 609 Hilltop Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Thelma L. Bonarrigo is an 81 year old incapacitated female, born on December 13, 1927. She is married to Joseph H. Bonarrigo and the mother of four (4) children: Patrick Moran, Thomas Moran, Linda Plevelich and Megan Guion. 4. Your Petitioner and Thelma Bonarrigo were married on July 29, 1959 and have two (2) children, Megan Guion and Linda Plevelich. Thomas Moran and Michael Moran are Thelma L. Bonarrigo's sons from a prior marriage. 5. On or about March 9, 2009, Thelma L. Bonarrigo underwent a surgical procedure at Hershey Medical Center to raise her bladder. She returned home on March 10, 2009. 6. On March 15, 2009, Thelma L. Bonarrigo suffered a stroke and was taken to Hershey Medical Center where she remained as a patient until March 29, 2009. She was then moved to Select Care Hospital at the Polyclinic Campus in Harrisburg, Pennsylvania where she remained as a patient for two (2) weeks. Subsequently, she was transferred back to Hershey Medical Center for the insertion of a pacemaker and then transferred from Hershey Rehab at Polyclinic on April 29, 2009 to Homeland Nursing Home in Harrisburg, Pennsylvania where she has continuously resided receiving skilled nursing care. 7. According to Dr. Albert J. Zanetti who is treating Thelma L. Bonarrigo at the Nursing Home, her diagnosis includes, but is not limited to sick sinus syndrome/atria) fibrillation with pacemaker implantation, hypertension, elevated blood lipids, hypothyroidism, generalized physical debility, cognitive impairment/dementia -probably of the mixed Alzheimer's/ischemic type. Her dementia is complicated by agitated and psychotic features. Attached hereto at Exhibit "A" is a letter from Dr. Zanetti summarizing her present medical condition. 8. According to Dr. Zanetti, Thelma L. Bonarrigo is not capable of understanding her rights or medical condition nor is she capable of managing her financial affairs. 9. Thelma L. Bonarrigo is an incapacitated adult person who needs acourt-appointed plenary guardian for her person and her estate. Presently she is on a twenty-four (24) hour watch due to her physical outbursts and has had to be restrained. 10. At the time of her recent illness, your Petitioner was not aware Thelma L. Bonarrigo may have executed a Power of Attorney or Living Will and has not been able to locate such documents. However, her son, Patrick Moran advised their daughter, Linda Plevelich in mid April that Thelma L. Bonarrigo had executed a Living Will but he has not presented such a document to any of her health care providers nor to your Petitioner. 11. The undersigned, as counsel for your Petitioner, spoke to Attorney Diane Radcliff's office in late April, 2009 and was advised that in February of 2008 Attorney Radcliff's office prepared a Living Will, Power of Attorney and Will for Thelma L. Bonarrigo. Attorney Radcliff's office is not in possession of any of the original documents nor have they been located by your Petitioner. 12. Your Petitioner and Thelma L. Bonarrigo each executed similar Wills in May 1993 whereby they devised and bequeathed all of their estate to each other, and should their spouse predecease them, the estate was distributed to their children, Megan Guion and Linda Plevelich. 13. Attorney Radcliff's office did advise the undersigned that a Kathleen DeLumba, of Apollo, Pennsylvania, the niece of Thelma L. Bonarrigo was appointed her agent by Power of Attorney, but Attorney Radcliff did not possess the original document and did not know where it was located. Kathleen DeLumba has not contacted your Petitioner regarding his wife's condition, has not taken any action to arrange for her care and treatment, nor to your Petitioner's knowledge has she contacted her medical providers. 14. Joseph H. Bonarrigo and Thelma L. Bonarrigo are the joint owners of their residence at 609 Hilltop Drive, New Cumberland, Pennsylvania, a commercial building in New Cumberland and a farm in York County. They have other investments of which are jointly titled. 15. Joseph H. Bonarrigo is a professional engineer working as a full-time employee of East Pennsboro Township, Cumberland County, Pennsylvania in the engineering department and has worked full time throughout their marriage. During their marriage he has managed their finances including their real estate holdings and investments. 16. Thelma L. Bonarrigo's only income is a monthly Social Security check in the amount of Seven Hundred Eighty-Seven Dollars and Seventeen Cents ($787.17) which is deposited directly into an account in her name only at Integrity Bank. Your Petitioner is unaware of the current balance and cannot access these funds. To date, your Petition has paid all of her out of pocket medical and nursing home expenses and will continue to do so for as long as necessary. In addition to the nursing home's standard rates, your Petitioner has also been paying $500.00 per day for atwenty-four (24) hour care person to protect her from her violent outbursts. 17. Your Petitioner has supported the alleged incapacitated person throughout their marriage, has taken her to her medical appointments, made arrangements for her medical care including those of her recent illness and has consented to her medical treatment and admission to medical and nursing facilities and has communicated regularly with her treating physicians and the staff at the nursing home. 18. Your Petitioner requests that he be appointed plenary guardian of Thelma L. Bonarrigo's person and estate so that he can continue handling all of her financial affairs and can consent to medical treatment and admit her to appropriate facilities for her care and treatment. WHEREFORE, your Petitioner prays that a Citation be issued to Thelma L. Bonarrigo to show cause why she should not be adjudged to be incapacitated and a plenary guardian for her estate and person be appointed, and that the Court schedule a hearing on this Petition. .~~ ~~~~~ Date. JOH N, D FFI TE ART & WEIDNER B. avid W. eLu e Attorney I.D. #41687 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioner, Joseph H. Bonarrigo 365834 VERIFICATION I, Joseph H. Bonarrigo, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. J eph .Bonarrigo Dated °, ~ - ~ `7 - ~ `~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF THELMA L. BONARRIGO ACCEPTANCE BY PROPOSED GUARDIAN Joseph H. Bonarrigo hereby agrees to accept the appointment of plenary guardian of the person and estate of Thelma L. Bonarrigo if she is adjudged to be an incapacitated person by the Cumberland County Orphans' Court. I presently reside at 609 Hilltop Drive, New Cumberland, Pennsylvania 17070. I read and write the English language. I do not have any interest adverse to the alleged incapacitated person. I am not a fiduciary, or an officer or an employee of a corporate fiduciary, nor am I a surety or an officer or an employee of a corporate surety of a corporate fiduciary. ph .Bonarrigo Dated: ~-'~-~~G 05/06/2009 07:46 7175649302 DR ZANETTI PAGE 01/01 ;FAMILY PRACTICE C~EIYTEI~, P. C. May 4, 2009 Johnson Duffle Stewart & Weidner Attn; Atty. David peLuth 307 Market Street Lemoyne, Pennsylvania Re: Thelma Bonarrigo DOB: 12l9 3!1 S27 Dear Mr, DeLuth; 1 am writing this letter at the request of John Bonarrigv on the behalf df his wife, Thelma Bonarrigo who is currently under my care. I have had the opportunity to examine her and review the transfer records that were seat to Homeland Nursing Home recently. Her admission diagnoses include a multitude of cvmorbidities Including, but no# limited to, sick sinus syndromelatrial fibrillation with pacemaker implantation, hypertension, elevated blood lipids, hypothyroidism, generalized physical debility, cognitive impairmentldementia~-probably of the mixed Alaheimer'slischemic type. Her previous treating physician rated her dementia as being moderate to severe and my examination today is consistent with the same. Her dementia is complicated by agitated and psychotic features. Thelma is not capable of understanding her rights or medical condition rtor is she capable of managing her financial affairs currently. i do believe w® may see some subtle improvement as i correct her thyroid replacement and psychiatry gets involved. However, I do not believe her ability to manage her medical and financial affairs will substantially improve to the point where she can perform them herself, Her diseases tend to be of a Chronic and progressive nature. If I can be of any further assistance, please let me know. AJZIjmI DictatedlNot Read Sincerely, AI ert J, a ., CHID 591 North 6fi'~ Stxeet, T~arrisburg, PA 1'7111 Phone (71?~5b4-2439 • Fax (?17564-9342