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HomeMy WebLinkAbout11-10-05 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ~I - oC;--OCf'7~ ORPHANS' COURT ESTATE OF MEGAN B. GOLDEN PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE MEGAN B. GOLDEN TO BE INCAPACITATED i AND TO APPOINT JOSEPH H. BONARRIGO AND THELMA L. BONARRIGO AS GUARDIANS FOR HER PERSON AND HER ESTATE _: (-) ~ :E ./.- P -Yl ,~-; :i~~ ~._. (3 1-- 1-.--1 _.1.. f_.::J c:) i ---1'1 -Ii . ~=l~~ ,..--) 1\ TO THE HONORABLE, THE JUDGES OF SAID COURT: r-n +--.- f.-"';-.- i~3 , ... The Petition of Joseph H. Bonarrigo and Thelma L. Bonarrigo respectfully represents th~t" len 1. Your Petitioners, Joseph H. Bonarrigo and Thelma L. Bonarrigo, reside at 6091Hilltop Drive, New Cumberland, Pennsylvania 17070. i 2. The alleged incapacitated person is Megan B. Golden, a divorced woman, age 44, who resides at 454 Arlington Road, Camp Hill, Pennsylvania 17011. 3. Megan is a high school graduate and attended college at Indiana University of Pennsylvania but did not receive a degree. 4. Megan was divorced in 2004 in Montgomery County, Pennsylvania. Herl ex-husband continues to reside in the Philadelphia area. 5. Megan's relatives include her two (2) sons, Dillon Golden, age 15, and Jack GOilden, age 18, I and her parents, your Petitioners, Joseph H. Bonarrigo and Thelma L. Bonarrigo, and he~ sister Linda Plevelich who resides in Hershey, Pennsylvania. 6. Megan has primary custody of Jack and Dillon through a Court Order. However, due to the fact that the alleged incapacitated person could not attend to her own or to her children's daily heeds, Jack, age 18, has been residing with your Petitioners for the past eighteen (18) months and Dillon, age 15, has been residing with your Petitioners for approximately the past month. 7. Megan currently resides at 454 Arlington Road in Camp Hill. That home was given to her by your Petitioners. Megan has lived at that residence since 2000. 8. The house at 454 Arlington Road is currently in a state of neglect. In August of 2005, 16,000 gallons of water leaked from the bathroom resulting in approximately $6,000.00 worth of dam6ge. Megan i never reported the water to anyone nor did she attempt to make repairs or mitigate tHe damages. Consequently, your Petitioners upon discovery of the water leak made the necessary repairs. 9. Although your Petitioners had hired a maid to clean the house once a week, every time your Petitioners visit the residence they find the home in a severe state of neglect, with food and trabh strewn on the floors in every room. Recent pictures of the condition of the home are attached as Exhibit "k" 10. Megan developed a habit of tampering with the electrical wiring in the home. Tl'Ilis tampering includes unplugging all appliances, dismantling the wiring to the furnace which had to be repa red three (3) times, dismantling the stove, and frequently turning off all circuit breakers. 11. Due to the consistent dismantling of the furnace, there is currently no heat in the ,home except a fireplace. The alleged incapacitated person has dismantled the screen that covers the fire dlace and has taken to sleeping in front of the fireplace without benefit of a screen. This results in ash com'ng out of the fireplace onto the alleged incapacitated person while she sleeps. 12. To compound the danger of this fire hazard, Megan has refused to sign documerlts necessary for your Petitioners to secure homeowner's insurance on the residence, as it is now uninsured.! 13. Megan continually fails to open her mail, and when the Petitioners visit the residence, they find numerous past due bills strewn about the house. 14. Over the last five years, the Petitioners have supported the alleged incapacitated person, paid her bills when she failed to do so, and have been keeping her necessary utilities current. 15. Megan not only has failed to maintain and make repairs in the residence, but she has also neglected to take care of herself. In the last year, she has been admitted to the Harrisburg Hospital, Holy Spirit Hospital, and Hershey Medical Center due to her abnormal behavior and her personal neglect. There has also been numerous police calls to her residence for her unusual behavior. I 16. Your Petitioners believe that the Megan's behavior is due to a drug dependency Icoupled with psychological disorders. 17. In late October of 2005, when confronted by your Petitioners, Megan drove her cbr across the I country to Colorado to visit a friend. Once she arrived however, her friend called your Petiti~ner, Joseph Bonarrigo, to come and pick up Megan. As such, your Petitioner had to fly to Colorado and drjve back with i Megan in her car. During this trip when Megan would drive, she would continually drive in ~xcess of 95 MPH on the highways. I 18. Besides the incident in Colorado, your Petitioners have received numerou~ calls from unknown third parties to rescue Megan from harming herself. 19. Megan has frequently lost the keys to the vehicle that was given to her by her parents. I ! 20. Megan has worked only one year since 2000, but otherwise is unable to hold em~loyment. 21. Megan has incurred large phone bills and in one month had made outgoing ~lIular phone calls 3,168 times. 22. Megan, for reasons unknown, did not file a tax return for the year of 2004. 23. Megan has removed funds from her sons' UTMA accounts for which she is the trustee/custodian, and used the money for personal use. A legal action is now pending in Montgomery County in which her ex-husband is seeking an order for her to replenish these accounts. 24. Megan B. Golden is an incapacitated adult person who needs a court appointed guardian for her person and her estate. 25. It is believed and therefore averred that Megan B. Golden does not have a Power of Attorney. It is believed and therefore averred that Megan B. Golden does not have a Will. 26. A guardian is necessary to facilitate Megan B. Golden's much needed medical care and intervention, and to handle her personal and financial affairs in a responsible fashion. I 27. Your Petitioners believe and therefore aver that Megan B. Golden does not have! the capacity I to care for her affairs of daily living and needs a guardian appointed to handle her person and h~r property. 28. Your Petitioners believe that less restricted alternatives are not suitable due to Mrs. Golden's medical and psychological condition. 29. Your Petitioners, Joseph H. Bonarrigo and Thelma L. Bonarrigo, are willing th accept the I appointment of guardian of the property and person of their daughter, Megan B. Golden. Attac~ed hereto as Exhibit "B" is an Acceptance by the Proposed Guardians. I 30. It is believed and therefore averred that no other court has ever assumed jurisdiction in any proceedings to determine the capacity of Megan B. Golden. I WHEREFORE, your Petitioners pray that a Citation be issued to Megan B. Golden tol show cause why she should not be adjudged to be incapacitated, and your Petitioners, Joseph H. BOnarrigd and Thelma L. Bonarrigo, should be appointed as plenary guardians for the person and estate of Megan B.I Golden, and I I that the Court schedule a hearing on this Petition. ' Date: November 10, 2005 David W. eLuc Attorney I.D. #41687 Elizabeth D. Snover Attorney I.D. #200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioners, Joseph H. Bonarrigo and Thelma L. Bonarrigo :262698 VERIFICA TION We, Joseph H. Bonarrigo and Thelma L. Bonarrigo, verify that the statements made in the foregoing I Petition are true and correct to the best of our knowledge, information and belief. We underst~nd that false statements herein are made subject to the penalties of 18 Pa. C. S. 94904 relating to unsworn f~lsification to authorities. ~ J / ,_ " ;'L ~ f.- he / ", ,;," :I'~-lL L. L.-'i'.c' f-- Thelma L. Bonarrigo _ / Dated: 11- /0- ~ '5 EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS'COURT ESTATE OF MEGAN B. GOLDEN PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES I AND FIDUCIARY CODE TO ADJUDICATE MEGAN B. GOLDEN TO BE INCAPACITATED AND TO APPOINT JOSEPH H. BONARRIGO AND THELMA L. BONARRIGO AS GUARDIANS FOR HER PERSON AND HER ESTATE ACCEPTANCE BY PROPOSED GUARDIANS Joseph H. Bonarrigo and Thelma L. Bonarrigo, 1309 Bridge Street, New Cumberland, Pennsylvania , 17070, hereby agree to accept the appointment of plenary guardians of the person and estatel of Megan B. I Golden, if she is adjudged to be an incapacitated person by the Cumberland County Orphans' dourt. Dated: / l- I () - C j // .../j ~ ,.. , k-C ,10- ,c,,__ ," ',c.:, .,:' >. '" ~, I: "-1;'; I Thelma L. Bonarrigo IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO.oll-C.s--C91s-0RPHANS' COURT ESTATE OF MEGAN B. GOLDEN MOTION TO CONDUCT AN INDEPENDENT MEDICAL EVALUATION ON THE ALLE ED INCAPACITATED PERSON, MEGAN B. GOLDEN - -) (-) TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petitioners, Joseph H. Bonarrigo and Thelma L. Bonarrigo, respectfully represent th :> 'I -r-, i-::i:l :.;~~ TI , 1,~J ,"'("'; -'--' C..J ; .--~ (~~ - .-'1 ('--j r'f~l .~.~~.: ('-) 1. Simultaneously with the filing of this Motion, your Petitioners filed a Petition pur uant to the Pennsylvania Guardian Act (20 Pa.C.S.A. 95501 et seq.) to adjudicate Megan B. Golden to be i capacitated and for them to be appointed plenary guardians of her person and her estate. Attached hereto a Exhibit "A" and incorporated herein is a true copy of said Petition. 2. Based upon the allegations of the Petition, it is clear that Megan B. Golden shoul receive an independent medical and psychological evaluation to establish the causes of her behavior. 3. An independent medical evaluation would also aid the Court in determining wh ther Megan B. Golden is an incapacitated person and whether a guardian for her person and her estat should be appointed. 4. It is believed by your Petitioners that an examination of the alleged incapacitat d person by an Impartial Medical Expert will be of material assistance in the determination of this case. 5. Your Petitioners recommend that a physician or physicians at Holy Spirit Hospital, Camp Hill, Pennsylvania perform the independent evaluation. WHEREFORE, Your Petitioners, pray that this Honorable Court issue a Rule to Show Cause why an independent medical evaluation should not be performed on Megan B. Golden to determine wh ther she is an incapacitated person and whether a guardian should be appointed for her person and her est te. Date: November 10, 2005 avid W. eLu e Attorney I.D. #41687 Elizabeth D. Snover Attorney I.D. #200997 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Telephone (717) 761-4540 Attorneys for Petitioners, Joseph H. Bonarrigo and Thelma L. onarrigo :262716 VERIFICA TION We, Joseph H. Bonarrigo and Thelma L. Bonarrigo, verify that the statements made in t e foregoing Motion are true and correct to the best of our knowledge, information and belief. We understa d that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn fa sification to authorities. l /1- i \ I .) fl.-II (1...\..'''' ph H. Bonarrigo 1." L/l'H"'i- ~ -" l L'"( " Thelma L. Bonarrigo Dated: 11-10- OS EXHIBIT "A"