HomeMy WebLinkAbout11-05-09
IN RE: MARGARET CHAPMAN,
An alleged incapacitated
Person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-09-0835
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings held before the HONORABLE J.
Wesley Oler, Jr., J., Cumberland County Courthouse,
Carlisle, Pennsylvania, on October 28, 2009, in
Courtroom Number One.
APPEARANCES:
Marci S. Miller, Esquire
2000 Linglestown Road, Suite 202
Harrisburg, PA 17110
For Petitioner
Margaret Chapman
107 October Drive
Apartment 103
Camp Hill, PA 17011
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THE COURT: Please be seated. The
2 allegedly-incapacitated person, is she present?
3 MS. MILLER: Yes, she is.
4 THE COURT: All right. Why don't we have her
5 come forward? This is the time and place for a hearing on a
6 Petition for Appointment of Guardian of the Person and
7 Estate of an Alleged-Incapacitated Person. We will let the
8 record indicate that the Petitioner, Frank A. Parrot
9 (phonetic), is present in court with his counsel, Marci S.
10 Miller, Esquire, and the allegedly-incapacitated person,
11 Margaret Chapman, is also present. Ms. Miller.
12 MS. MILLER: Good morning, Your Honor. I
13 wanted to bring to the Court's attention that it is my
14 understanding that Margaret Chapman is unrepresented today.
15 MS. CHAPMAN: Is what?
16 MS. MILLER: Unrepresented. That you do not
17 have an attorney.
18 MS. CHAPMAN: I didn't know I needed one.
19 THE COURT: Did you want to have an attorney?
20 MS. CHAPMAN: Beg your pardon?
21 THE COURT: Do you want to have an attorney
22 represent you?
23 MS. CHAPMAN: Yes, I would.
24 THE COURT: You would?
25 MS. CHAPMAN: Yes.
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THE
MS.
one. I don't know
THE
guardian appointed
MS.
guardian?
COURT: Have you tried to get one?
CHAPMAN: No, I didn't think I needed
what this is all about.
COURT: Well, it is a petition to have a
for you.
CHAPMAN: For what? Why do I need a
THE COURT: Well, I don't know. That is the
question that we are trying to decide. It is alleged that
you have Alzheimer's Disease.
MS. CHAPMAN: Who said that? I have a good
doctor. I don't know that he said it.
THE COURT: Well, I don't know either. You
seem to be conversant so if you want me to appoint -- if you
want to get an attorney, I will certainly let you do that.
If you are opposing this petition, you certainly don't want
to come into court without counsel.
MS. CHAPMAN: What is it all about?
THE COURT: Let me take a brief recess and I
will let the two of you talk for a moment, and if you want a
continuance to get an attorney I will let you do that,
although I know Mr. Parrot came up from Norton for the
hearing, and I know he's been inconvenienced, but if you
want a continuance I would give you one. We will take a
short recess.
3
(A recess was taken at 11:09 a.m. and court
2 resumed at 11:15).
3 AFTER RECESS
4 THE COURT: Court is in session. Please be
5 seated. Okay. Ms. Miller, have you had a chance to confer
6 with Ms. Chapman?
7 MR. MILLER: Yes, I have, Your Honor. I
8 wanted to let Your Honor know that we are prepared to
9 proceed today. We have medical testimony from not only
10 Ms. Chapman's primary treating physician, but also a
11 licensed neuropsychologist who had the opportunity to
12 evaluate Ms. Chapman clinically in May of 2009.
13 With that said, Ms. Chapman is not
14 understanding what the matter of the proceeding is today,
15 and so maybe the Court might find that an appointment of
16 counsel might be appropriate in this situation.
17 THE COURT: Well, I don't know about the
18 appointment of counsel. Ms. Chapman, do you live alone?
19 MS. CHAPMAN: Yes.
20 THE COURT: And where do you live?
21 MS. CHAPMAN: Camp Hill. Camp Hill,
22 Pennsylvania.
23 THE COURT: And this particular proceeding is
24 a -- it is an action to have you declared incompetent.
25 MS. CHAPMAN: Who did this?
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THE COURT: Well, the Petitioner is Mr.
2 Parrot, who I am sure --
3 MS. CHAPMAN: He thinks I'm incompetent?
4 THE COURT: Yes, and I'm sure he feels he's
5 acting in your best interests, but you also have a right to
6 an attorney if you want to fight it.
7 MS. CHAPMAN: I will take an attorney. I
8 will take an attorney. There is nothing wrong with me.
9 THE COURT: Well, you may be right. I don't
10 know. I don't know you.
11 MS. CHAPMAN: I have a good doctor. I have
12 Doctor Connor.
13 THE COURT: It is indicated in the petition
14 that you have about a half million dollars in the bank or in
15 assets at least.
16 MS. CHAPMAN: Maybe that is why they are
17 interested.
18 THE COURT: Well, I doubt that, but i~ any
19 event, it seems to me you could afford your own attorney.
20 MS. CHAPMAN: Why do I need an attorney, sir?
21 THE COURT: Well, if you want to proceed
22 without an attorney, that is all right.
23 MS. CHAPMAN: Well, who is -- I'm living very
24 well. I'm taking care of myself.
25 THE COURT: Well, I'll be glad to hear all of
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the evidence on it if you want to proceed without counsel,
2 but I think it would be a terrible idea if you feel that you
3 are competent to proceed in a case of this magnitude of
4 importance in your life without an attorney, and it seems to
5 me you could afford your own attorney if you wanted to hire
6 one.
7 MS. CHAPMAN: I will have to get an attorney,
8 I think.
9 THE COURT: I would agree.
10 MS. CHAPMAN: Somebody. I don't know what
11 this is all about.
12 THE COURT: Well, have you not seen a copy of
13 the petition?
14 MS. CHAPMAN: Well, what is the petition?
15 THE COURT: It's a petition for the
16 appointment of a guardian o f the person and estate of you.
17 MS. CHAPMAN: To be a guardian and what?
18 THE COURT: Of your person and your estate.
19 MS. CHAPMAN: And can I pick out who I want
20 it to be?
21 THE COURT: Not if it is left up to the
22 Court, no. It wouldn't be your choice.
23 MS. CHAPMAN: Can I drop everything and start
24 all over again, please?
25 THE COURT: You haven't started anything.
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They have started it.
2 MS. CHAPMAN: Who?
3 THE COURT: So --
4 MS. CHAPMAN: Frank, you started it, didn't
5 you? Can you stop it?
6 MS. MILLER: No.
7 MS. CHAPMAN: Well, you damn better because
8 if you have the money to have it, then you go ahead and pay
9 for it.
10 THE COURT: Now, Ms. Chapman, do you want to
11 hire your own attorney or do you want to proceed without an
12 attorney?
13 MS. CHAPMAN: I would like to drop this, and
14 then I would like to think about getting an attorney.
15 THE COURT: Okay. Well, it is not up to you
16 to drop it. You didn't start it, you can't drop it.
17 MS. CHAPMAN: Well, then whoever started it,
18 just go right ahead and take care of it, whatever he's
19 doing, but leave me out of it.
20 THE COURT: Well, the problem is you are in
21 it.
22 MS. CHAPMAN: He never came and told me he
23 was going to do this.
24 THE COURT: Ms. Chapman.
25 MS. CHAPMAN: I didn't agree with it.
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THE COURT: Ms. Chapman, listen to me. This
2 is a very serious matter. If you want to get an attorney to
3 represent you, and you should, then I will continue the
4 case. If you don't want to do that, I will go ahead with
5 the case, and there is a real possibility that you will be
6 found incompetent. Ms. Chapman, what do you want to do?
7 MS. CHAPMAN: I would just like to drop
8 everything right now because I'm not ready.
9 THE COURT: All right. I'm going to go ahead
10 with the hearing because you are not giving me an answer.
11 MS. CHAPMAN: Well, what is it that I'm
12 supposed to do?
13 THE COURT: If you want to hire an attorney,
14 I will give you a continuance to do that. If you tell me
15 you don't know whether you want that or not, then I will go
16 ahead with the hearing.
17 MS. CHAPMAN: Well, what is the hearing
18 about, sir?
19 THE COURT: I have gone over this several
20 times. The hearing is about your alleged incompetency.
21 MS. CHAPMAN: Well, then they didn't get a
22 note from my doctor, did they?
23 THE COURT: I think they do probably have
24 evidence from a doctor. I don't know whether it is your
25 personal doctor or not.
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MS. CHAPMAN: I'd like to talk to my doctor
2 to give you a note.
3 THE COURT: I'll tell you what, we'll take a
4 recess.
5 (A recess was taken at 11:20 a.m.)
6 AFTER RECESS:
7 THE COURT: We will enter this order:
8 AND NOW, this 28th day of October, 2009, upon
9 consideration of the Petition for Appointment of Guardian of
10 the Person and Estate of an Alleged Incapacitated Person at
11 No. 21-09-0835 Orphans' Court, and the
12 allegedly-incapacitated person, Margaret Chapman, having
13 appeared for the hearing in this matter, and having
14 indicated her strong desire to oppose the petition, and
15 being either unwilling or unable to indicate to the Court
16 whether she will secure the services of a private attorney,
17 the hearing in this matter is continued until Wednesday,
18 December 9, 2009, at 1:30 p.m., in Courtroom Number 5,
19 Cumberland County Courthouse, Carlisle, Pennsylvania, before
20 the Honorable Merle L. Ebert, and Melissa Miller, Esquire,
21 950 Walnut Bottom Road, Carlisle, Pennsylvania, 17015
22 (telephone number 609-4930) is appointed to represent the
23 allegedly-incapacitated person.
24 (End of order.)
25 THE COURT: Ms. Chapman, what is your
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telephone number?
MS. CHAPMAN: 763-9701.
THE COURT: Okay. We will give that to
MS. Miller and she will contact you, and she will be your
attorney in this case.
MS. CHAPMAN: Who is my attorney?
THE COURT: Her name is Melissa Miller.
MS. CHAPMAN: Why do I have an attorney, sir?
THE COURT: Because --
MS. CHAPMAN: I don't know what this is all
about.
THE COURT: Well, it is better that you find
out with an attorney than you find out alone.
MS. CHAPMAN: Well, what have I done? what
is this all about?
THE COURT: It is alleged that you are
incompetent.
MS. CHAPMAN: That I'm what?
THE COURT: It is alleged that you are
incompetent.
MS. CHAPMAN: Did anybody talk to my doctor?
THE COURT: You can talk to anybody you want.
Court is adjourned.
(The proceedings concluded at 11:36 a.m.?
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ERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause, and that this is a correct transcript of
same.
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Michele A. Eline
Official Court Reporter
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
/ V ,'~ V, c~ ~ Z o D q
Date
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J., esley Ole Jr., J.
N~ th Judicial District
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