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Home My WebLink About10-27-11 IN RE: : IN THE COURT OF COMMON PLEAS , :CUMBERLAND COUNTY, P1~J}~1SYLVANIA,_, ~;~; MILDRED M. SITLINGER, An Alleged Incapacitated Person : NO. 11-0976 ` ORPHANS' COURT DIVISION ~~."' PETITION TO PARTIALLY VACATE ORDERS OF _ . ; ; t--.' SEPTEMBER 27, 2011 and OCTOBER 10, 2011 AND TO RELEASE FUNDS OF MILDRED M. SITLINGER FOR HER CARE UNTIL THE SCHEDULED HEARING AN ADJUDICATION OF INCAPACITY AND APPOINTMENT OF GUARDIAN FOR MILDRED M. SITLINGER AND NOW, comes Mary Anthony and Janell House, by and through their attorney, Mark A. Mateya, and respectfully represents: Mildred M. Sitlinger is and adult individual, age 82 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. 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. 3. 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. 4. On September 27, 2011, a hearing was held, the result of which was the temporary freezing of the assets of Mildred M. Sitlinger. See Exhibit 1. 5. On October 10, 2011, after Petitioners herein filed a petition to order a medical examination for Mildred M. Sitlinger, this court ordered Robert Ochs to present Mildred M. Sitlinger on November 22nd at his home address so that Mary Anthony and Janell House could Page 1 of 4 .\ r~', escort her to a physician's examination to determine her competence. See Exhibit 2. 5. On October 14, 2011, while Mildred Sitlinger was still in the custody of Robert Ochs at his Valley View home, Mildred Sitlinger became delusional; Robert Ochs was unable to control or maintain her and called for assistance from the office of aging in Schuylkill County. 6. Mildred M. Sitlinger was admitted to the Schuylkill Medical Center, East, In Pottsville, Pennsylvania, in the lock-down psychiatric ward. 7. After her commitment to the hospital, it was learned that Robert Ochs had changed his mother's medication, discontinuing her blood pressure medicine. 8. On Tuesday, October 18, 2011, Attorney Robert Lipkin of the Office of Aging Services, Schuylkill County, had Mildred Sitlinger temporarily declared incompetent - a 72 hour order. 9. On or before Tuesday, October 18, 2011, Attorney Gino DiNicola of Pottsville was appointed Mildred M. Sitlinger's attorney for the proceedings in Schuylkill County. 10. On Friday, October 21, 201 1, Attorney Robert Lipkin of the Office of Aging, Protective Services, Schuylkill County, had Mildred Sitlinger temporarily declared incompetent - a 3 0 day order. 11. Mildred M. Sitlinger is presently under the protective care and custody of Office of Aging, Protective Services, Schuylkill County. 12. Attorney Mark F. Bayley, Mildred M. Sitlinger's court-appointed attorney in Cumberland County, is aware of the facts herein and is in agreement with the filing of this petition. 13. Schuylkill Medical Center, East, wishes to discharge Mildred M. Sitlinger. 14. A hearing on Mildred M. Sitlinger's competence is scheduled before this Court at 9 AM on Friday, December 2, 2011. It is anticipated that Ms. Sitlinger will be found incapacitated and that a suitable guardian, preferably one of her daughters, will be appointed her guardian. Page Z of 4 15. The Office of Aging, Protective Services, Schuylkill County, is working cooperatively with Attorney Mark F. Bayley and Counsel for Janell House and Mary Anthony, Mateya Law Firm, P.C., to resolve the present matter of discharging Ms. Sitlinger from the hospital. 16. The Office of Aging, Protective Services, Schuylkill County, will have to reach in to the funds of Mildred M. Sitlinger to pay for her care until the time of the Dec 2, 2011 hearing. 17. Mary Anthony and Janell House, Ms. Sitlinger's daughters, have arrangements to move their mother into Country Meadows as soon as they are able to do so. 18. There are initial costs as well as monthly costs for care at Country Meadows. 19. Mildred M. Sitlinger has sufficient funds in her PSECU account to pay for her own care. WHEREFORE, petitioners request this Court release no more than twenty thousand dollars from Mildred Sitlinger'snnw-frozen account in the care of Attorney Mark F. Bayley, to be kept in a separate escrow account and used solely for her care. The Order of September 27, 2011 otherwise is to remain in force. Petitioners further request that the order of October 10th requiring Robert Ochs to present Mildred Sitlinger for an examination on November 22na be vacated. Respectfully submitted, Dated: ~- ~ ~ ~ ~ ~~ 1 ,. ~A Mark A. Mateya, Esq 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 Page 3 of 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NINTH JUDICIAL DISTRICT OF PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: MILDRED M. SITLINGER An alleged incapacitated person No.: 21-11-976 IN RE: EMERGENCY PETITION TO FREEZE ASSETS ORDER OF COURT AND NOW, this 27t" day of September, 2011, upon consideration of the Emergency Petition to Freeze Assets of Mildred M. Sitlinger and after hearing, IT IS HEREBY ORDERED AND DIRECTED that the following financial institutions shall provide to this Court a monthly statement of any account held by Mildred M. Sitlinger, either jointly with another person or solely in her name beginning with any statement issued after July 1, 2011, until further notice of court. PSECU 1 Credit Union Place Harrisburg, PA 17110 Citizens Bank 255 Cumberland Parkway Mechanicsburg, PA 17055 Graystone Bank 3599 Gettysburg Road Camp Hill, PA 17011 PNC 2 North Second Street Harrisburg, PA 17101 Gratz National Bank 1625 West Main Street Valley View, PA 17983 IT IS FURTHER ORDERED AND DIRECTED that Robert Ochs, 118 Gap School Road, Valley View, PA 17983, shall not access, move, withdraw, or distribute, in any manner including but not limited to in person or electronically, any funds from any account at any institution which is wholly or partially owned by Mildred M. Sitlinger pending further Order of Court. Mildred M. Sitlinger's physical presence at any institution with the said Robert Ochs shall not in any way affect this Order of Court. By the Court, ~~ M. L. Ebert, Jr., J• Mark Bayley, Esquire, Court appointed for Mildred M. Sitlinger Mark Mateya, Esquire Attorney for Petitioner PNC Bank 2 North Second Street Harrisburg, PA 17101 Graystone Bank 3599 Gettysburg Road Camp Hill, PA 17011 _~ ~~' a ~-~ rs~1 E •.. `,:~ ~ ~, _ .:~., ~r J -~ -_ Citizens Bank 255 Cumberland Parkway Mechanicsburg, PA 17055 PSECU 1 Credit Union Place Harrisburg, PA 17110 Gratz National Bank 1625 West Main Street Valley View, PA 17983 Robert Ochs 118 Gap School Road Valley View, PA 17983 bas G IN RE: MILDRED M. SITLINGER, An Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 11-0976 ORPHANS' COURT DIVISION ORDER ~~ AND NOW, this ~ ~ day of o ~~ ~b ~ r , 2011, upon the consideration of the foregoing Petition, it is ordered as follows: 1. Mildred M. Sitlinger is directed to participate in an independent medical evaluation. 2. Dr. Christopher Royer shall conduct said evaluation on November 22, 2011, at 2 oclock. 3. Janell House and/or Mary Anthony shall transport Mildred Sitlinger to said evaluation. 4. Robert Ochs is directed to be present at his address at 118 Gap School Road, Valley View, Pennsylvania, on November 22, 2011 at Noon and to relinquish Mildred Sitlinger to Janell House and/or Mary Anthony at said time. 5. Mary Anthony and/or Janell House may share a copy of the within Order with the appropriate law enforcement agencies with a view to making them aware of the transport of Mildred M. Sitlinger, with a view to their taking whatever actions they deem necessary. BY THE COURT: ~,. ~ ~ ~V`~ J. Distribution list: Mark A. Mateya, Esq. Mark Bayley, Esq. Robert Ochs Mildred M. Sitlinger n T ~ 1l ~T, "_r c-~ r.' . , i'- --d -- ~j ~ 4- - _:r-,~- 1. ~ -,- ~ c: _ _ `1J - ~.,~ ~__, _ _ -_= ~ VERIFICATION MARK A. MATEYA, ESQUIRE, verifies that he is the attorney and agent for the Petitioners Janell House and Mary Anthony herein, that the Petitioner's verification cannot be obtained within the time allowed for the filing of this pleading, that as attorney for the Petitioners, he has sufficient knowledge and information concerning the contents of the within document and that the facts set forth in the foregoing are true and correct to the best of` his knowledge, information and belief. He understands that false statements made therein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. MARK A. MATEY ,ESQUIRE ~-> Dated: ~ 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 Robert Ochs 118 Gap School Road Valley View PA 17983 Mark F. Bayley, Esq 17 West South Street Carlisle PA 17013 Gino DiNicola, Pfeiffer Brown DiDicola & Frantz 1800 West End Avenue Pottsville, PA 17901 Robert Lipkin, Esq. 104 N Centre St Pottsville Pa 17901 Solicitor for Schuylkill County Office of Aging, Protective Services ~_ __ - ~~ ~.,,., Mark A. Mateya, Es re 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: i ~~ ! ~