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Home My WebLink About02-01-120 IN RE: : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA MILDRED M. SITLINGER, An Alleged Incapacitated Person : NO.11-0976 ORPHANS' COURT DIVISION 4 PETITION FOR SPECIAL RELIEF Q, ~ ~., ~~~ ~ ~c ~~ is ° ~~ AND NOW, comes Janell House, by and through her attorney, Mateya ...y N ~ Mazk A. Mateya, Esq., and respectfully represents: ~''~' rya 1. Janell House is the daughter and court appointed guardian of Mildred M. Sitlinger. Janell House is an adult individual, presently residing at 413 Pazk View Drive, Harrisburg, Dauphin County, Pennsylvania 17110. 2. Mildred M. Sitlinger is an adult individual, who is 82 yeazs old, and who now has a primary residence at Country Meadows Retirement Home, 4905 East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Court of Common Pleas of Cumberland County entered a Final Decree on December 2, 2011, following a hearing on the matter, declaring Mildred M. Sitlinger to be a totally incapacitated person in need of a permanent Plenary Guardian of her person and of her estate. See Order attached to this petition as Exhibit A. 4. Robert Ochs is an adult individual, and son of Mildred Sitlinger, residing at 118 Gap School Road, Valley View, Schuylkill County, Pennsylvania 17983. 5. Prior to Mildred M. Sitlinger being declazed incompetent, Robert Ochs was taking advantage of his mother's weakened mental state and utilizing her money and her assets for his own use without his mother's full comprehension of her own actions, including a. Having his mother execute a document which granted Robert Ochs a life estate in Page 1 of 6 his mother's residence at 912 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania (see Exhibit B); b. Adding his own name to his mother's motor vehicle (see Exhibit C); a Transferring and/or withdrawing his mother's funds for his own use. 6. On September 27, 2011, the Court of Common Pleas of Cumberland County held a hearing and after hearing testimony forbade Robert Ochs from accessing the funds of Mildred M. Sitlinger. See Order attached to this Motion as Exhibit D. 7. Petitioner believes and therefore avers that Robert Ochs unduly influenced his mother Mildred M. Sitlinger in making each of the decisions, and taking all of the actions related to those issues outlined in pazagraph five, above. 8. Petitioner believes and therefore avers that Mildred M. Sitlinger suffered from a weakened intellect at the time that she took each of the actions outlined in paragraph five, above. 9. Each of the actions outlined in pazagraph five, above, result in a direct benefit to Robert Ochs. WHEREFORE, Petitioner requests this Court enter an Order requiring Robert Ochs to cooperate with Janell House, by and through her counsel Mateya Law Firm, P.C., as follows: a) sign the appropriate documents to remove his name and ownership from any and all real or personal property, including but not limited to motor vehicles, owned by Mildred M. Sitlinger; b) sign the appropriate documents to remove the life estate which he possesses in his mother's residence at 912 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania; Page 2 of 6 c) Pay to Mateya Law Firm, P.C., an amount equal to the amount expended in the filing of this motion, not to exceed two thousand dollazs; and d) Such other relief as this Court deems appropriate. Respectfully submitted, Mark A. Mateya, quire Attorney ID No. 78931 55 W. Church Avenue Cazlisle PA 17013 (717) 241-6500 (717) 241-3099 -Fax Attorney for Mary Anthony and Jarrell House Dated: 2- ~ ~' ~ 2- Page 3 of 6 VERIFICATION I, Janell House, verify that the facts set forth in the foregoing document aze 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: / ' -~ - ~/-2- Janell IN RE: : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVAlYIA MILDRED M. SITLINGER, An Alleged Incapacitated Person : NO.11-0976 ORPHANS' COURT DIVISION g. ~~~.,, :APPOINTMENT OF GUARDIAN ~~~~~~ ~~? ~~ ®iunsel of Record: Mark A. Mateya, Esquire for Petitioners ~, Mark F. Bayley, Esquire for Mildred M. Sitlinge~~ =- c~ ~~ 7 ® ~ ~ °' ®y ~ ~~ ~ FINAL DECREE ~ ~ ~ °~' r ~' ~ y ~D Gi t9s ~ ~~b ~ r i°i '~ aide M.L. Ebert Jr. `~~ Q ~-- AND NOW, this 2 day of December, 2011, at a.m., upon consideration of the accompanying petition, and after hearing held with Counsel Mark F. Bayley for Mildred M. Sitlinger present in the courtroom, and upon testimony of Dr. Gary Champlin, the Court finds and concludes that we have proper jurisdiction of this matter; and that proper notice was provided to all parties entitled thereto. The Court fiuther finds and concludes by clear and convincing evidence that Mildred M. Sitlinger who resides at 912 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania, and more recently has been at Rest Haven Nursing Home, Schuylkill County, skilled care nursing facility, suffers from dementia, a condition which significantly impairs her capacity to receive and evaluate information effectively and which renders her totally unable to act for herself or to make and communicate decisions concerning her management of financial affairs or to meet essential requirements for her physical health and safety. That said condition is permanent, will likely progress and worsen, and there is little probability that her incapacity will lessen. The Court also finds and concludes that no trust, advanced health caze directive, durable power of attorney, or other less which would alleviate the need for Guazdianhip services and we hereby adjudge Mildred M. Sitlinger to be a totally incapacitated person and to be in need of a permanent. Plenary Guazdian of her person and of her estate. The Court further finds and concludes that Janell House of 413 Park View Drive, Harrisburg, Dauphin County, Pennsylvania, has no interest adverse to that of Mildred M. Sitlinger and is qualified to manage Mildred M. Sitlinger's financial affairs. IT IS ORDRED AND DECREED THAT Janell House is hereby appointed permanent Plenary Guardian of the Estate of Mildred M. Sitlinger. As Guazdian of the estate of Mildred M. Sitlinger, Janell House shall be granted the powers and subject to the duties and liabilities provided by 20 Pa. C.S.A. §5501 et seq. The Court further finds and concludes that Janell House has no interest adverse to that of Mildred M. Sitlinger and is qualified to make and communicate decisions regazding her mother's health and safety needs and other personal affairs. IT IS ORDERED AND DECREED THAT Janell House is hereby appointed permanent Plenary Guazdian of the Person of Mildred M. Sitlinger. As Guazdian of the Person of Mildred M. Sitlinger, Janell House shall be granted the powers and subject to the duties and liabilities provided by 20 Pa. C.S. A. §SSOI et seq. Pursuant to 20 Pa. C.S.A. §5536(a) thereof, Janell House shall manage Mildred M. Sitlinger's estate primarily for her benefit and secondarily for the benefit of her legal dependents. Accordingly, the Guardian of the estate is authorized to expend the estate income for said purposes without written Court approval. As Guardian of the Estate, Janell House shall not be required to post a bond. The Guardian shall file her respective Reports with the Clerk of the Orphans' Court on the financial management, social, medical and other relevant conditions of Mildred M. Sitlinger 2 within the first twelve months of the appointment and annually thereafter pursuant to 20 Pa. C.S.A.§5521. The Guazdian of the estate .shall take control of the incapacitated person's property and assure that it is adequately protected against loss; shall invest said property. in investments suitable to the incapacitated person's circumstances; shall pursue the incapacitated person's outstanding claims; shall, if necessary, seek an accounting from such one or more persons as have controlled the incapacitated person's property; shall establish a budget and shall file a report with the Clerk of the Court about assets, investments, receipts and disbursements, as required by 20 Pa. C.S.A. §5521(c), within twelve months of this Decree and annually thereafter. The Guazdian of the estate shall file an inventory with the Clerk of the Orphans' Court within three (3) months from the date hereof in accordance with the provisions of the Probate, Estates and Fiduciaries Code, 20 Pa. C.S.A. §5521(b), 20 PaC.S.A. §5142. Any existing general power of attorney, limited power of attorney and/or health Gaze power of attorney executed by the said MILDRED M. SITLINGER is hereby specifically revoked and rendered null and void. The said MILDRED M. SITLINGER has the right to appeal this Decree to the Superior Court of Pennsylvania within thirty (30) days of this Decree. BY THE COURT, `~ 3 x - I, MII.DRED M. SITLINGER, hereby give permission to my son, ROBERT C. OCHS, who is currently suffering from advanced stages of cancer, to reside in my home at 912 Sheffield Avenue, Mechanicsburg, Pennsylvania 17055, for as long as he desires to do so. Any and all third persons may rely on this agreement as my consent to my son, ROBERT` C. OOHS; being on my property at any time. Date: September 8, 2011 EAL) DRED M. SITLINGER Sworn to and subscribed before me this 8th day of September, 2011. Notary Public coMMOnrvuea.TM of ~nisnva~t Noari~ soy Beatrice Marie Kerv~in, Notary PuWk WashirrgGOn Twp., DaupMn County My Oannl~on Sires hdy 25, 2014 Mertiber. PennsManW Assodation of Notaries GREGORY M. KERWIN TERRENCE J. KERWIN JOSEPH D. KERWIN HOLLY MCCLURE KERWIN ATTORNEYS AT LAW Mildred M. Sitlinga.wpd 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 27~" 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 , 9 7011 Gratz National Bank 1625 West Main Street Valley View, PA 17983 PNC 2 North Second Street Harrisburg, PA 17101 IT IS FURTHER ORDERED AND DIRECTED that Robert Ochs, 118 Gap School Road, Valley View, PA 17983, shah not access, move, withdraw, or distribute, in any manner including but not limited to in person or electronically, any funds from any account at wholly or partially owned ~' .. ~ ~ .- by Mildred M. Sitiinger 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 Mario Mateya, Esquire Attorney for Petitioner ~ ~., ~ x., o ~~~ PNC Bank ~~' ~~ ~' ` F 2 North Second Street ~~~ ~ - ~r; Harrisburg, PA 17101 ~~~ ~ ~ =~~ Graystone Bank -~,--a '' ~'.' r 3599 Gettysburg Road rr''~..' `" ~ Camp Hill, PA 17011 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 CERTIFICATE OF SERVICE I, Mazk 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 Cazlisle, Cumberland County, Pennsylvania addressed to: Robert Ochs 118 Gap School Road Valley View PA 17983 ~_ Mazk A. Mateya, E 55 W. Church Avenue Cazlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: ~ r 12