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HomeMy WebLinkAbout09-03-09IN RE: MARGARET CHAPMAN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION An alleged incapacitated person : NO o~ 1 -~ 1 ' O~J? ~ c7 ~ . _ z~ ~ cn F=;.~ rn s:~ ~ ~ ~~~ On the Petition of FRANK A. PARROTT ~ _ ~~ ~ r c ', , '_ , ` , . , . _ ,; ~~ ~~ ~~ -., - ~ -, -~ ~-- .r ~• PETITION FOR APPOINTMENT OF GUARDIAN OF THE .; o PERSON AND ESTATE OF AN ALLEGED INCAPACITATED PERSON TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT: NOW COMES, Petitioner, FRANK A. PARROTT, of 7747 Porters Hill Lane, Lorton, Virginia 22079, by and through his attorney, Marci S. Miller, Esquire, and files the within Petition for the Appointment of Guardian of the Person and Estate of an Alleged Incapacitated Person, and in support hereof, avers as follows: 1. MARGARET CHAPMAN, the alleged incapacitated person, currently resides at 107 October Drive, Apartment 103, Camp Hill, Pennsylvania 17011. She is ninety (90) years old, her date of birth being March 13, 1919. 2. MARGARET CHAPMAN is a widow and does not have children. 3. MARGARET CHAPMAN is not a patient in a mental hospital. 4. The Petitioner is MARGARET CHAPMAN's nephew, FRANK A. PARROTT, of 7747 Porters Hill Lane, Lorton, Virginia 22079. 5. The names and addresses of those known persons who would be the intestate heirs (or next of kin) of MARGARET CHAPMAN are: Rachel Parrott (sister) of 2 Duffy Street, Shinnston, WV 26431; Joseph Pillo (brother) of 2132 S. Hawkins Avenue, Akron, OH 44314; Chester Pillo (brother) of 5410 Westlake Drive, Parma, OH 44129; Betty Audia (niece), of 231 Church Street, Clarksburg, WV 26301; Lucy Castranova (niece) of 510 Duff Avenue, Clarksburg, WV 26301; Antionette Traugh (niece) of 110 3rd Street, Shinnston, WV 26431; Anthony Castranova, Jr. (nephew) of 827 Johnson Street, New Martinsville, WV 26155; Lucy Talericao (niece) of 126 Grafton Road, Fairmont, WV 26554; David Wright (nephew) of 629 Buckingham Drive, Greensburg, PA 15601; Gary Wright (nephew) of 197 Forsythia Avenue, Davisville, WV 26142; Tina Veltri (niece) of Rt 1 Box 29A, Bridgeport, WV 26330; Joseph Blatter (nephew) of 2525 Youngs Drive, Haymarket, VA 20169; Christopher Blatter (nephew) of 32914 SW Acacia Ct., Cornelius, OR 97113; Michael Blatter (nephew) of 1054 Redtail Ct., Walterboro, SC 29488; Richard Blatter (nephew) of 33 Elliott Ct., Walterboro, SC 29488; Anthony Carl Pillo (nephew) of 718 Fitzhugh Street, Ravenswood, WV 26164; John H. Pillo (nephew) of 15 Pearl Ct., Gulfport, MS 39503; Anthony Pillo (nephew) of 410 Howard St., Shinnston, WV 26431; James A. Pillo (nephew) of 355 RR 2, Shinnston, WV 26431; Paul Pillo (nephew) of 408 Howard St., Shinnston, WV 26431; Debra Fluharty (niece) of 181 Kimberly Circle, Fairmont, WV 26554; Sylvia Shockey (niece) of 7301 Kell CT NE, Tuscaloosa, AL 35406; Judy Salentro (niece) of 14 Columbia Road, Shinnston, WV 26431; David M. Cicco (great-nephew) of 421 66th St., Niagara Falls, NY 14301-3217, Thomas N. Cicco (great-nephew) of 655 71St St., Niagara Falls, NY 14304-2221; and Patricia L. Piwowarczyk (great-niece) of 4825 Hermitage Rd., Niagara Falls, NY 14305-1494. Attached hereto as Exhibit "A" is a reference chart identifying MARGARET CHAPMAN's living and deceased siblings, her living and deceased nieces/nephews, and the known children of any deceased niece/nephew. 6. MARGARET CHAPMAN's living sister, Rachel Parrott, joins in this Petition; her Joinder is attached hereto as Exhibit "B." MARGARET CHAPMAN's two (2) living brothers, Chester Pillo and Joseph Pillo, have indicated that they also join in this Petition. Once Chester Pillo and Joseph Pillo sign the Joinders, they will be filed with the Court. 7. Petitioner believes there may be additional persons who would be the intestate heirs of MARGARET CHAPMAN; if those persons exist, they would be great niece(s) and/or nephew(s) of MARGARET CHAPMAN. Petitioner believes that a professional heir search would be required to ascertain whether there are additional intestate heirs of MARGARET CHAPMAN. 8. Petitioner believes that MARGARET CHAPMAN has a Last Will and Testament, and that the original copy is located in MARGARET CHAPMAN's safe deposit box. 9. The name and address of the person or institution providing residential services to MARGARET CHAPMAN are as follows: None. 10. The names and addresses of other service providers are as follows: None. 11. MARGARET CHAPMAN's primary physician is: Kenneth B. Conner, M.D., Conner-Rich Associates, 207 House Avenue, Suite 101, Camp Hill, Pennsylvania 1701 l; (717) 761- 8331. 12. MARGARET CHAPMAN was not a member of the Armed Services of the United States nor is she receiving benefits from the United States Veterans Administration. 13. Petitioner asks that he be appointed as Guardian of the person and estate of MARGARET CHAPMAN. The proposed guardian is the nephew of MARGARET CHAPMAN. 14. The proposed guardian has no interests that are adverse to the interests of MARGARET CHAPMAN. 15. Petitioner believes, and therefore avers, that no Court has ever assumed jurisdiction in a proceeding to determine whether MARGARET CHAPMAN is incapacitated. 16. Petitioner believes, and therefore avers, that MARGARET CHAPMAN has not previously had a guardian appointed, nor is a guardianship hearing pending in any other jurisdiction. 17. The reasons why this guardianship is being sought are as follows: MARGARET CHAPMAN is unable to manage her financial affairs or to make decisions regarding health care/medical decisions, due to Senile Dementia of the Alzheimer's type, moderate. 18. The functional limitations and physical and mental condition of MARGARET CHAPMAN are: MARGARET CHAPMAN is not able to manage her financial affairs, nor is she able to make competent decisions concerning her welfare. MARGARET CHAPMAN requires some level of assistance with all of her activities of daily living. 19. The following steps have been taken in order to find less restrictive alternatives to the appointment of a guardian: MARGARET CHAPMAN is not competent to execute a power of attorney and Petitioner believes that MARGARET CHAPMAN does not have a current power of attorney in effect. No less restrictive alternatives are available to adequately provide for the physical and financial care of MARGARET CHAPMAN. 20. If Petitioner is appointed plenary Guardian of the person and estate of MARGARET CHAPMAN, he requests that he be granted powers to act for MARGARET CHAPMAN in the following specific areas: financial management, and medical and health care affairs including care and placement decisions, access to all medical records, including psychiatric records, and the power to make all decisions regarding medical treatment and life support. 21. If Petitioner is appointed plenary Guardian of the person and estate of MARGARET CHAPMAN, he also requests to be granted the power and authority to serve as personal representative for MARGARET CHAPMAN for all purposes of the Health Insurance Portability and Accountability Act of 1996, (Pub.L.104-191), 45 CFR Sections 160 through 164, including but not limited to full authority to review her medical records and to execute releases of confidential information from medical providers and insurers or other third party payors. 22. The proposed guardian has the following qualifications: The proposed guardian is the nephew of MARGARET CHAPMAN and is one of the few persons upon whom she relies to assist her with matters concerning her general welfare. The proposed guardian loves and cares for MARGARET CHAPMAN, and keeps in regular contact with her. 23. MARGARET CHAPMAN's assets total approximately Five Hundred Thousand Dollars ($500,000.00). 24. MARGARET CHAPMAN's net income from all sources totals approximately Four Thousand Dollars ($4,000.00) per month, which is comprised of federal pension, Social Security and stock dividends. Petitioner respectfully requests that the Court, under Section 5511 ofthe Probate, Estates and Fiduciaries Code, issue a Citation to MARGARET CHAPMAN, MARGARET CHAPMAN's next of kin, and to such other persons as the Court directs, to show cause why MARGARET CHAPMAN should not be adjudged to be an incapacitated person and a plenary guardian of her person and estate be appointed. Date: Respectfully submitted, HAZEN ELDER LAW By: Marci S. Miller, Esquire Attorney for Petitioner Attorney ID No. 204083 2000 Linglestown Road, Suite 202 Harrisburg, Pennsylvania 17110 (717) 540-4332 IN RE: MARGARET CHAPMAN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION An alleged incapacitated person : NO. On the Petition of FRANK A. PARROTT VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. § 4904, relating to unsworn falsification to authorities. K A. PARROTT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this, the ~ ~~ day of ~U~ U S T , 2009 before me the undersi e gn d officer, personally appeared FRANK A. PARROTT who, being duly sworn according to law, does depose and say that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. IN WITNESS WHEREOF, I hereunder set my hand and official seal. NK A. PARRO T SWORN to and subscribed before me this ~ ~ ~' day of /4(-~~c~-s / , 2009. ~- ` ~u . Notary Public MAAONINEALT~i OF PENNSYLVANIA Notarial Seal Melissa M. Kain, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Aug.11,2010 IN RE: MARGARET CHAPMAN : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION An alleged incapacitated person : NO. On the Petition of FRANK A. PARROTT CONSENT TO APPOINTMENT AS GUARDIAN 1. The name of the proposed guardian of the person of MARGARET CHAPMAN is FRANK A. PARROTT. 2. The name of the proposed guardian of the estate of MARGARET CHAPMAN is FRANK A. PARROTT. 3. The proposed guardian speaks, reads and writes the English language. 4. The proposed guardian does not have an interest adverse to the alleged incapacitated person. 5. The proposed guardian is employed by the U.S. Govt. Dept. of Homeland Security, Office of Inspector General as an Audit Supervisor. 6. The proposed guardian is not a fiduciary, or 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. Dated: ?i Q FLANK A. PARR TT Family of Margaret P. Chapman lac of Anonct 1.11(141 Brothers/Sisters Nieces/Nephews Children of Deceased Nieces/Ne hews Mary Castranova (D) Betty Audia (A) 231 Church St. Clarksbur , WV 26301 Lucy Castranova (A) 510 Duff Ave. Clarksbur , WV 26301 Antionette Traugh (A) 1103rd St. Shinnston, WV 26431 Anthony Castranova, Jr.(A) 827 Johnson St. New Martinsville, WV 26155 John Castranova (D Unknown Elizabeth Zecco (D) Roseann Chico (D) David M. Cicco (A) 421 66th St. Nia ara Falls, NY 14304-3217 Thomas N. Cicco (A) 655 71St St. • Nia ara Falls, NY 14304-3217 Patricia L. Piwowarczyk (A) 4825 Hermitage Rd. Nia ara Falls, NY 14305-1494 Sarah Giese (D) Unknown Jane Starn (D Unknown Lucy Talerico (A) 126 Grafton Rd. Fairmont, WV 26554 Amaline Wright (D) David Wright (A) 629 Buckingham Dr. Greensbur , PA 15601 Gary Wright (A) 197 Forsythia Ave. Davisville, WV 26142 Tina Veltri (A) Rt 1 Box 29A Brid e ort, WV 26330 Rachel Parrott (A) Frank Parrott (A) 2 Duffy St. 7747 Porters Hill Ln. Shinnston, WV 26431 Lorton, VA 22079 Brothers/Sisters Nieces/Nephews Children of Deceased Nieces/Ne hews Anne Melenick (D) Anna Marie Stoika (D Unknown Eulanda Blatter (D) Joseph Blatter (A) 2525 Youngs Dr. Ha arket, VA 20169 Christopher Blatter (A) 32914 SW Acacia Ct Cornelius, OR 97113 Michael Blatter (A) 1054 Redtail Ct. Walterboro, SC 29488-9394 Richard Blatter (A) 3 3 Elliott Ct. Walterboro, SC 29488-8396 Anthony Pillo (D) Anthony Carl Pillo (A) 718 Fitzhugh St. Ravenswood, WV 26164 Joseph Pillo (A) Joann Borden (A) 2132 S. Hawkins Ave. 2116 S. Hawkins Ave. Akron, OH 44314-2532 Akron, OH 44314-2532 Jay Pillo (A) 280 Ripley Ave. Akron, OH 44312 Bardine Pillo (D) John H. Pillo (A) 15 Pearl Ct. Gul ort, MS 39503 Anthony Pillo (A) 410 Howard St. Shinnston, WV 26431 James A. Pillo (A) 355 RR 2 Shinnston, WV 26431 Paul Pillo (A) 408 Howard St. Shinnston, WV 26431 Debra Fluharty (A) 181 Kimberly Circe Fairmont, WV 26554-7999 Paul Pillo (D) S lvia Shocke (A) Brothers/Sisters Nieces/Nephews Children of Deceased Nieces/Ne hews 7301 Keel CT NE Tuscaloosa, AL 35406 Judy Salentro (A) 14 Columbia Rd. Shinnston, WV 26431 Chester Pillo (A) 5410 Westlake Dr. Parma, OH 44129 (A) =Heir is Alive (D) =Heir is Deceased IN RE: MARGARET CHAPMAN An alleged incapacitated person On the Petition of FRANK A. PARROTT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. JOINDER I, Rachel Parrott, in my capacity as the sister and an intestate heir of Margaret Chapman, join in this Petition for the appointment of Frank A. Parrott as plenary Guardian of the person and estate of Margaret Chapman. Witness STATE OF WEST VIRGINIA COUNTY OF ~~Q,J a Rac el Parro 0~1 T-I-IIS, the a 7 day o~ ~1.~~ l,~sT' 2-00, be€ore me a Notary P-ub-lie-, personally appeared Rachel Parrott, known to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ~, ss aw~v~-~ie DEBORAH A. MALONE Rf.1, Banc 371 • • Sf~nslon, WV 28431 `~ •••~ fay Commission Juy 21,1017 ~-~- ` J3L,`~ Notary Public IN RE: MARGARET CHAPMAN An alleged incapacitated person On the Petition of FRANK A. PARROTT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CERTIFICATE OF SERVICE I, Marci S. Miller, Esquire, certify that on J ~ ~ol~, 2009, I served a true and correct copy of the within Petition for Appointment of Guardian of the Person and Estate of an Alleged Incapacitated Person on the parties named on page attached hereto as Exhibit "A", by depositing same in the United States mail, certified mail, postage prepaid. Respectfully Submitted, HAZEN ELDER LAW q- ~ -- U~ Date •.._. Marci S. Miller, Esquire Attorney I.D. No. 204083 2000 Linglestown Road, Suite 202 Harrisburg, PA 17110 (717) 540-4332 Rachel Parrott (sister) Michael Blatter (nephew) 2 Duffy Street 1054 Redtail Ct. Shinnston, WV 26431 Walterboro, SC 29488 Joseph Pillo (brother) Richard Blatter (nephew) 2132 S. Hawkins Avenue 33 Elliott Ct. Akron, OH 44314 Walterboro, SC 29488 Chester Pillo (brother) Anthony Carl Pillo (nephew) 5410 Westlake Drive 718 Fitzhugh Street Parma, OH 44129 Ravenswood, WV 26164 Betty Audia (niece) John H. Pillo (nephew) 231 Church Street 15 Pearl Ct. Clarksburg, WV 26301 Gulfport, MS 39503 Lucy Castranova (niece) Anthony Pillo (nephew) 510 Duff Avenue 410 Howard St. Clarksburg, WV 26301 Shinnston, WV 26431 Antionette Traugh (niece) James A. Pillo (nephew) 110 3rd Street 355 RR 2 Shinnston, WV 26431 Shinnston, WV 26431 Anthony Castranova, Jr. (nephew Paul Pillo (nephew) 827 Johnson Street 408 Howard St. New Martinsville, WV 26155 Shinnston, WV 26431 Lucy Talericao (niece) Debra Fluharty (niece) 126 Grafton Road 181 Kimberly Circle Fairmont, WV 26554 Fairmont, WV 26554 David Wright (nephew) Sylvia Shockey (niece) 629 Buckingham Drive 7301 Kell CT NE Greensburg, PA 15601 Tuscaloosa, AL 35406 Gary Wright (nephew) Judy Salentro (niece) 197 Forsythia Avenue 14 Columbia Road Davisville, WV 26142 Shinnston, WV 26431 Tina Veltri (niece) Thomas N. Cicco (great-nephew) Rt 1 Box 29A 655 71st Street Bridgeport, WV 26330 Niagra Falls, NY 14304-2221 Joseph Blatter (nephew) 2525 Youngs Drive David M. Cicco (great-nephew) t' Haymarket, VA 20169 421 66 ' Street Niagra Falls, NY 14304-3217 Christopher Blatter (nephew) 32914 SW Acacia Ct Patricia L. Piwowarczyk (great-niece) . Cornelius, OR 97113 4825 Hermitage Road Niagra Falls, NY 14305-1494 EXHIBIT "A"