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Home My WebLink About10-07-11IN RE: MILDRED M. SITLINGER, An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-0976 ' O~'HANS' COURT DIVISION INDEPENDENT ME1DICAL F VALUATOION AND NOW comes Jarrell House and Mary Anthony, b A. Mateya, Esquire, in the best interests of Mildred Y and hough their counsel, Mark M. Sitlinger and m support thereof, aver the following: 1 • On September 14, 2011 a petition was filed to freeze the assets of Mildred M, Sitlinger. See Exhibit A. 2• On September 26, 2011 a petition for adjudication of incapacity and appointment of a Guardian was file regarding Mildred M. Sitlinger. See Exhibit B. 3• On September 27, 2011, a hearin g was held on the merits of the freezing the assets of Mildred M. Sitlinger. Two Orders followed that hearin out of the accounts of Mildred g~ one freezing Mr, Robert Ochs M. Sitlinger in any manner whatsoever, and another a Attorney Mark Bayley as her counselor and Attorney, ppointing 4• 20 Pa. C.S. § 5511 gives this court authorit y to order an independent evaluation of the alleged incapacitated person, Mildred M. Sitlinger as cause has been shown in the hearing of September 27th. see §5511(4), 5' Dr. Christopher Royer of Cam p Hill has agreed to meet with Mildred M. Sitlinger in order to evaluate her condition with regard to her ca acit p y. o ~ ~_t 6• Mildred M. '' -°' --~ Sitlinger has been sta in -~~`~' Y gat the home of Mr. ' `~~ `~ ' School Road, Valley View, PA Robert O~~~'` t 11.$'~a 17983. p ~. ~ , . ;~o`~ --, .,. _,. ,- __, _.~ ;.; A _ ~~ ~. Mrs. Ochs has not responded to Attorne~ y .Y Mark Ba ley s repeated attempts to contact him by letter and telephone. 8• Mr. Ochs has permitted only minimal contact between Mil anyone, other than himself, since August 1, 2011. dyed M. Sitlinger and 9• It is believed and therefore averred that M'r. Ochs will not tr ansport Mrs. Sitlinger to her physician's appointment with Dr. Royer. It is also believed an Ochs will not permit anyone access to his ro ert d therefore averred that Mr. p p y at at 118 Gap School Road, Valley View, PA for the purpose of accompanying her to her appointment with Dr. Royer. 10. Janell House and Mary Anthony are willing and able to acco to her doctor's appointment with Dr. Royer. mpany Mrs. Sitlinger 11. Robert Ochs has not voluntarily allowed either Ma come on to his property at 118 Gap School Road V ~ Anthony or Janell House to alley View, PA, except for the briefest of visits, for any reason. 12. Robert Ochs has shown overt hostility toward those who ha Sitlin er from his roe ve tried to take Mrs. g p p rtY• Furthermore, Robert Ochs is a hunter, in legal osses rifles. p sion of hunting 13. Mildred M. Sitlinger's Court a ppointed attorney Mark B 1 with the filing of this petition. ~ ay ey' Esq•, concurs WHEREFORE, upon consideration of the foregoing, it is hereb r that this Honorable Court issue an Order directing Janell Hou y espectfully requested se and Mary Anthony be permitted to enter the property of Robert Ochs at 118 Gap School R;oad, Valle V' take Mildred M. Sitlinger to the a y iew, PA 17983, and to ppointment with Dr. Christopher Royer. Date: ~ u 7 ~~ Respf;ctfully submitted, G~.t ~ ~,7 M~'k A. Mateya, squire Attorney ID No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3 099 Fax Counsel for Mary Anthony &Janell House VERIFICATION MARK A. MATEYA, ESQUIRE, verifies that he is the attorney and a ent Petitioners Jarrell House and M g for the ary Anthony herein, that the Petitioner's verification cannot be obtained within the time allowed for the filing of this pleading, that as attorne fo he has sufficient knowledge and information concernin the y r the Petitioners, g contents of the within document and that the facts set forth in the foregoing are true and correct to the best of information and belief. He understands that false stateme his knowledge, nts made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. !' 9 MARK A. MATE A, ESQUIRE Dated: l ~'/ l l ~" IN RE: MILDRED M. SITLINGER, An Alleged Incapacitated Person AND NOW, this day of the Emergency Petition of Mary Anthony and Janell House to f eel ~ upon the consideration of Sitlinger, the following institutions are ordered to freeze the assets inclu assets of Mildred M. accounts owned solely by her, and any accounts held jointly b Mildreddmg any and all another which were opened on or after August 1, 2011, until further orderMf Sithnger and this Court: a• PSECU 1 Credit Union Place Harrisburg, PA 17110 b• Citizens Bank 255 Cumberland Parkway 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 IS HERI;BY ORDERED that a hearing is scheduled on at _______ _,m., in Courtroom ,Cumberland County Courthouse, Carlisle, Pennsylvania, on the merits of the Emergency Petition. BY THE COURT: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. l1:-0976 : ORPHANS' COURT DIVISION ORDER 2011, EXHIBIT J. IN RE: IN THE COURT OF COMMON PLEAS MILDRED M. SITLINGER, ~ CUMBERLAND COUNTY, PENNSYLVANIA 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, Mechanicsbur , g 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, 1\7aryland 21804. 4• Mildred M. Sitlinger is the mother of four (4) children: a• Kenneth Ochs 198 Texaco Road Mechanicsburg PA 17055 - , b• Janell House ,; ~ ` = c;~ ~ = -a? 413 Park View Drive _ ~ ~ ~ ~ Harrisburg PA 17110 _ r > ~ " ~ T-+ -- c• Mary Anthony -'='_'>:~ ~- 30601 Dagsboro Road _ _f ~ ~` ~ •" ' -~ ~; , Salisbury MD 21804 ~~ ~ -~~ ' -i ~ ~ ~..._ T i ~.;~ 'T~ d• Robert Ochs 118 Gap School Road Valley View, PA 17983 S• 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, Rober-[ 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 medr.cations. 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, includin g 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 Parkway 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 unaware of at this time. PIaintiff 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 m.ay 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 are 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 care, 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 guardian 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, Marl; A. Mateya, squire Attorney ID No. 78931 SS W'. Church Avenue Carlisle, PA 1701.3 (717) 241-6500 (717) 241-3099 Fax Counsel for Mary Anthony & Jane11 House Date: ~y ~~ 1 Mrs. Sitlinger also receives approximately.$1;155.00 monthly from Social Security. VERIFICATION I, Jarrell House, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information, and belief. ]: understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: ~-~Y- ~?or r C .~ Jarrell 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: ~ ~ ~ ~{ ~~~.~a Mark A. Mateya;L-~s~uire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax IN RE: IN TH:E COURT OF COMMON PLEAS MILDRED M. SITLINGER, ~ CUMBERLAND COUNTY, PENNSYLVANIA An Alleged Incapacitated Person . NO. ORPHANS' COURT DIVISION ORDER SCHEDULING HEARING ON PETITION FOR ADJUDICATING INCAPACITY AND APPOINTMENT O:F GUARDIAN AND NOW, this ___ day of 2011, upon the consideration of the Petition of Mary Anthony and Janell House for the Adjudication of Inca acit p Y and appointment of a Guardian for Mildred M. Sitlinger, IT IS HEREBY ORDERED that a hearing is scheduled on 2011, at .m., in Courtroom _, Cumberland County Courthouse, Carlisle, Pennsylvania. BY 1,HE COURT: J. EXHIBIT . .L~ Page 6 of 6 IN RE: MILDRED M. SITLINGER, An Alleged Inca ac't t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA p i a ed Person : NO. 11-0976 : ORPHANS' COURT DIVISION ~~~ -tTT; AMENDED -'~ ~.~ ' PETITION FOR ADJUDICATION OF - _ , ,,~., _. INCAPACITY AND APPOINTMENT OF GUARDIAN ~ ~ \ ~C~`'~-; -.-, ~ ,_: ~~ AND NOW, comes M ;'' ~ ~. ary Anthony and Janell Douse, by and through their attorney, Mark A. Mateya, and amended the previously filed Petition for Adudication of Incapacity and Appointment of Guardian which inadvertently omitted Petitioner's Consent to Serve as Guardian and respectfully represents: 1 • Mildred M. Sitlinger is and adult individual, age 81 years (Mrs. Sitlinger's date of birth is l 0/8/1929), and has a primary residence at 912 Sheff eld 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 i:t 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. -~-, _~ , r~ ;.._-- ;-r-e ~•~ '~a Page 1 of 6 6• 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 c• Mary Anthony 30601 Dagsboro Road Salisbury MD 21804 d• Robert Ochs 118 Gap School Road Valley View, PA 17983 7• Mary Anthony and Jarrell House consent to serve as Guardian for Mildred M. Sitlinger as she is more conveniently located in order to :handle the affairs of Mildred M. Sitlinger. Mary Anthony and Jarrell House consent to Jarrell House; serving as Guardian 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 Jarrell House have no interests which would adversely affect the guardianship of Mildred M. Sitlinger. ~• 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 Jarrell 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 revolved Robert Ochs' power of attorney sometime before August of 2011; there are presently no other persons presently appointed to act Page 2 of 6 on her behalf. 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 i:n 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 Page 3 of 6 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 erson P 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. Page 4 of 6 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. 29. Mary Anthony and Janell House requests that this Honorable Court appoint a Guardian to handle the day to day decisions concernin€; 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, Dated: ~~ ~- ~' )( ~,~ ~ ~~~ Mark A. Mateya, E ire Attorney ID No. 78931 55 `JJ. Church Avenue Carlisle PA 17013 (71'x) 241-6500 (71;x) 241-3099 -Fax Attorney for Mary Anthony and Janell House Page 5 of 6 ~ ~~ : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA MILDRED M. SITLINGER, An Alleged Incapacitated Person : NO.11-0976 ORPHANS' COURT DIVISION PETITIONER'S CONSENT TO SERVE AS GUARDIAN AND NOW, comes Jane11 House, by and through their attorney, Mark A. Mateya, and respectfully represents that she consents to serve as the Guardian of Mildred M. Sitlinger. CERTIFICATE OF SF,RVICE I, Mark A. Mateya, Esquire, hereby certify that 1 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 chass, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Mildred Sitlinger 912 Sheffield Ave Mechanicsburg PA 17055 Mildred. Sitlinger c/o Robert Ochs 1 18 Gap School Road Valley View PA 17983 Robert Ochs 1 l 8 Gap School. Road. Valley View PA 17983 Mark Bayley Esq 17 West South Street Carlisle PA 17013 ~~^ ~ ~r~ Mark A. Mateya, l~s uire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-600 (717) 241-3099 Fax ~~ ~ ~ ~, ~ Dated: ~