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HomeMy WebLinkAbout09-14-110 IN RE: : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA MILDRED M. SITLINGER, /7 ~ ~ / / ~ v~~~ An Alleged Incapacitated Person : NO. ~"f _-a ORPHANS' COURT DIVISIOl~ ~.~ _ ~ ~; p i. ~ ~, m r? r-'t ~,; ~ ~ 'ts ~ r PETITION FOR ADJUDICATION OF `.~~~ .~- `~~ ~-' INCAPACITY AND APPOINTMENT OF GUARDIAN -~ o~ .. ~ ~ ~_ -= AND NOW, comes Mary Anthony and Janell House, by and through thet~'attorney,',lt!7ark ~"'' A. Mateya, and respectfully represents: 1. Mildred M. Sitlinger is and adult individual, age 81 years (Mrs. Sitlinger's date of birth is 10/8/1929), and has a primary residence at 912 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania. 2. Mrs. Sitlinger and her late husband built the house at 912 Sheffield Avenue, Mechanicsburg, PA. Mrs. Sitlinger has lived there since it was built in 1970. 3. Mildred M. Sitlinger is presently being kept at the home of her son, Robert Ochs with a primary residence at 118 Gap School Road, Valley View, PA 17983. 4. Mary Anthony, is the daughter of Mildred M. Sitlinger and is an adult individual, age 59, and is presently residing at 30601 Dagsboro Road, Salisbury, Maryland 21804. 5. Janell House, is the daughter of Mildred M. Sitlinger and is an adult individual, age 62, and is presently residing at 413 Park View Drive, Harrisburg, Dauphin County, Pennsylvania 17110. 6. Mildred M. Sitlinger is the mother of four (4) children: a. Kenneth Ochs 198 Texaco Road Mechanicsburg, PA 17055 Page 1 of 6 ~~ b. Janell House 413 Park View Drive Harrisburg PA 17110 c. Mary Anthony 30601 Dagsboro Road Salisbury MD 21804 d. Robert Ochs 118 Gap School Road Valley View, PA 17983 7. Mary Anthony and Janell House consent to serve as Guazdian for Mildred M. Sitlinger as she is more conveniently located in order to handle the affairs of Mildred M. Sitlinger. Mary Anthony and Janell House consent to Janell House serving as Guazdian for Mildred M. Sitlinger, as she is more conveniently located to Mildred M. Sitlinger and is able to handle her affairs. 8. Mary Anthony and Janell House have no interests which would adversely affect the guardianship of Mildred M. Sitlinger. 9. Mildred M. Sitlinger was not formerly a member of the armed services or any of its allies. 10. Mildred M. Sitlinger does not presently receive any benefits from the U.S. Veterans Administration or its successor. 11. Mildred M. Sitlinger has, at prior times, had her son Ken and her daughter Janell as her attorney in fact. It is believed that her son Robert Ochs influenced his mother to have himself appointed as her sole attorney in fact. Mrs. Sitlinger revoked Robert Ochs' power of attorney sometime before August of 2011; there are presently no other persons presently appointed to act on her behalf. Page 2 of 6 12. Mildred M. Sitlinger has been diagnosed with mild Alzheimer's type dementia; for that reason, she is unable to make decisions concerning her care and welfare. 13. Mildred M. Sitlinger recently underwent a Neurological examination by Dr. Gills of Hershey Medical Center, Hershey, PA, which concluded that Mildred M. Sitlinger has Alzheimer's type dementia. A follow-up appointment is scheduled for November of 2011. 14. Mildred M. Sitlinger is unable to handle decisions concerning her financial estate. 15. Mildred M. Sitlinger's net worth is between $400,000 and $500,000. 16. It is believed that the income of Mildred M. Sitlinger is approximately $1,155.00 per month; Mildred M. Sitlinger receives monthly distributions from Social Security in this amount. She has no other income. 17. Mildred M. Sitlinger travelled from her home in Cumberland County in early August 2011, to visit her son, Robert Ochs who resides in Schuylkill County, Pennsylvania. 18. It is believed and therefore averred that Mildred M. Sitlinger is being coerced into staying at the home of Robert Ochs, against her own wishes; She did not take any of her personal belongings including her clothing or medications. She has been seen at Robert's house wearing the clothing of Robert Ochs on a routine basis. 19. Robert Ochs has taken Mildred M. Sitlinger into her banking facility, PSECU, and changed the password or her accounts as well as the mailing address of her accounts; it is believed and therefore averred that the address for Mildred Sitlinger's PSECU statements has been changed to Robert Ochs' mailing address at 118 Gap School Road, Valley View, Schuylkill County, Pennsylvania as those statements no longer arrive at the home address of Mildred M. Sitlinger. 20. Mildred M. Sitlinger speaks with her daughters Mary Anthony and Janell House on the telephone and advises them that she wishes to return to her home in Mechanicsburg, Cumberland County, Pennsylvania. She has made these statements to Mary Anthony in person Page 3 of 6 when Mary Anthony has visited her mother. Further, Ms. Sitlinger has called each daughter and referred to her son Robert as her husband Alton who passed away in 1993, she mistakes Robert's home for her own home, and generally relays tales which suggest that she is no longer firmly in touch with reality. She is not the stable, self-sufficient, small business owner or mother she was in prior years. 21. It is believed that Robert Ochs is unduly influencing his mother, cajoling her to stay at his home with manipulative stories of his need for her help, in order to control her finances for his own self-interest and not for his mother's best interest. 22. Robert Ochs home in Valley View Pennsylvania has not had central heating for several years. 23. Since early August, 2011, one particular incident that happened was that Mrs. Sitlinger walked away from the residence of Robert Ochs and was found by Hegins Township Police some distance from the home, in a confused state of mind and not sure why she was there or where she was going; paramedics were called to the scene to stabilize Mrs. Sitlinger. 24. The Hegins Township Police Officer on the scene spoke with Janell House approximately 2 - 3 hours after the time of the aforesaid incident and expressed concern over Mildred M. Sitlinger returning to the home of Robert Ochs. 25. It is in the best interest of Mildred M. Sitlinger to have this Honorable Court appoint a Guardian for her. 26. There have been no other legal proceedings brought in this or any other court concerning the competency of Mildred M. Sitlinger. 27. Mildred M. Sitlinger presently has no guardian appointed to handle her affairs. 28. Mary Anthony and Janell House are willing to have Janell House or another suitable person appointed the guardian of her mother's financial affairs. Page 4 of 6 29. Mary Anthony and Janell House requests that this Honorable Court appoint a Guardian to handle the day to day decisions concerning Mildred M. Sitlinger's financial well being as well as her personal day to day living decisions. WHEREFORE, Mary Anthony and Janell House respectfully requests that this Honorable Court issue a Rule to Show Cause why Mildred M. Sitlinger should not be adjudged an incompetent and a guardian appointed to act on her behalf. Respectfully submitted, ~IV~ Mark A. Mateya, E uire Attorney ID No. 78931 55 W. Church Avenue Carlisle PA 17013 (717) 241-6500 (717) 241-3099 -Fax Attorney for Mary Anthony and Janell House a (u f Dated: Page 5 of 6 .. VERIFICATION I, Janell House, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: r -~~ aoii Janell Hou