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HomeMy WebLinkAbout09-14-11 (2)IN RE: : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA MILDRED M. SITLINGER, An Alleged Incapacitated Person : NO.11-0976 ORPHANS' COURT DIVISION EMERGENCY PETITION TO FREEZE ASSETS OF MILDRED M. SITLINGER AND NOW comes Janell House and Mary Anthony, by and through their counsel, Mark A. Mateya, Esquire and in support aver the following: 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. Janell House is the natural daughter of Mildred M. Sitlinger and is an adult individual who presently resides at 413 park View Drive, Harrisburg, Dauphin County, Pennsylvania. 3. 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. 4. Mildred M. Sitlinger is the mother of four (4) children: a. Kenneth Ochs 198 Texaco Road Mechanicsburg, PA 17055 b. Janell House 413 Park View Drive Harrisburg PA 17110 a Mary Anthony 30601 Dagsboro Road Salisbury MD 21804 n ~~ ~1=~ f r'- ~== cn ~ ''%C7~ jQ ~c-i ,.~~ -.;:, -.= cn -zw t c.,a c.% G`~ -~.~ _,., ;-~ t:T ± ,_ ; ~; ;J `~>~ ~~=, "C i ~. __ ~, `~.n O d. Robert Ochs 118 Gap School Road Valley View, PA 17983 5. 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. 6. 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. 7. Mildred M. Sitlinger is unable to handle decisions concerning her financial estate. 8. Mildred M. Sitlinger's net worth is between $400,000 and $500,000. 9. Mildred M. Sitlinger travelled from her home in Mechanicsburg in early August 2011, to visit her son, Robert Ochs who resides in Valley View, Pennsylvania. 10. 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 has not had any of her personal belongings including her own clothing or her current medications. She has been seen at Robert's house wearing the clothing of Robert Ochs. 11. Mildred M. Sitlinger has been the owner of several bank accounts, including checking, savings, IRA accounts, Certificates of Deposit, and money market accounts at the following banking institutions: a. PSECU 1 Credit Union Place Harrisburg, PA 17110 b. Citizens Bank 255 Cumberland Pazkway Mechanicsburg, PA 17055 c. Graystone Bank 3599 Gettysburg Road Camp Hill, PA 17011 d. Gratz National Bank 1625 West Main Street Valley View, PA 17983 It may be that there are additional bank accounts or investment accounts which plaintiffs are unawaze of at this time. Plaintiff hereby incorporates such other accounts as may exist at this time and shall, upon verified information, provide that information to this Court to be included in the order. 13. Robert Ochs has taken Mildred M. Sitlinger into at least one of her banking facilities, PSECU, and changed the password on 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. It is believed that Robert Ochs may have taken similar actions with other assets belonging to his mother. 14. It is believed that Robert Ochs has recently taken Mildred M. Sitlinger into her banking institutions in order to move her money into new accounts either owned solely by Robert Ochs or jointly by both Robert Ochs and Mildred M. Sitlinger. 15. It is believed and averred that Robert Ochs is coercing Mildred M. Sitlinger to move her bank accounts into new accounts for his own personal use. Mr. Ochs is not employed, though he is able to work. 16. Mildred M Sitlinger owns her own home in Mechanicsburg. The bank accounts which she owns and which aze at issue here are her only means of financial support.l 17. If Mildred M. Sitlinger's bank accounts are not frozen but are allowed to be transferred into the control of Robert Ochs, and Robert Ochs uses these funds for anything other than the caze, welfare and maintenance of Mrs. Sitlinger, she may suffer irreparable harm, as she has no way to make up for or otherwise earn the amount of these lost funds. 18. Proceedings have been initiated in Cumberland County Orphans' Court to have Mildred M. Sitlinger declared incompetent and to have Janell House and Mary Anthony appointed the guazdian of Mildred M. Sitlinger. See Exhibit A. WHEREFORE, upon consideration of the foregoing, it is hereby respectfully requested that this Honorable Court issue an Order directing that all of the aforementioned banking facilities where Mildred M. Sitlinger holds accounts to freeze any and all assets until such time as the Petition for Adjudication of Incapacity and Appointment of Guardian on behalf of Mildred M. Sitlinger is resolved by the Orphans' Court of Cumberland County or until a Guardian Ad Litem has been appointed to handle Mrs. Sitlinger's financial affairs. Respectfully submitted, ~~- Mark A. Mateya, squire Attorney ID No. 78931 55 W. Church Avenue Cazlisle, PA 17013 (717)241-6500 (717) 241-3099 Fax Counsel for Mary Anthony &Janell House Date: ~~ ~~ 'Mrs. Sitlinger also receives approximately $1;155.00 monthly from Social Security. 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: 9'/~{- $oi I Janell H CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Mildred Sitlinger 912 Sheffield Ave Mechanicsburg PA 17055 Mildred Sitlinger c/o Robert Ochs 118 Gap School Road Valley View PA 17983 Robert Ochs 118 Gap School Road Valley View PA 17983 Dated: ~ ~ ~ ~'~ ~. Mark A. Mateya, uire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax