HomeMy WebLinkAbout04-11-06
IN RE:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CANDY DISILVERIO, an alleged
incapacitated person
: ORPHANS COURT DIVISION
: NO. J.. \ - ~ ~ - ~ 1 1. '\
: GUARDIANSHIP-INCAPACITATED PERSON
PETITION FOR ApPOINTMENT OF GUARDIAN
NOW comes petitioner, Monica DiSilverio, by her attorney, Mark F. Bayley,
Esquire, and presents this petition for appointment of guardian over Candy DiSilverio,
an alleged incapacitated person, representing as follows:
1 . Petitioner is Monica DiSilverio, an adult individual and daughter of the
alleged incapacitated person, residing at 7 Birch Street, Mechanicsburg, Pennsylvania,
17050.
-. ,
)
2. The alleged incapacitated person is Candy DiSilverio, born June 1, 195:7
(age 48), whose permanent residence address is with Petitioner at 7 Birch Str~t, "
Mechanicsburg, Pennsylvania, 17050.
3. The alleged incapacitated person became incapacitated after
complications relating to gall bladder surgery underwent in 1997; brain damage
occurred after oxygen loss to her brain and the alleged incapacitated person has since
had no long term memory.
.-,.-
(...-)
4. The alleged incapacitated person has been unable to handle her own
financial and healthcare issues since her surgery in 1997.
5. At the time of her surgery the alleged incapacitated person was married to
James DiSilverio; Mr. DiSilverio left the alleged incapacitated person in 2003 after
approximately twenty seven (27) years of marriage and a divorce decree was entered
on June 24, 2003.
~
6. Since her husband left, the alleged incapacitated person has been cared
for in the marital residence solely by her daughter, Petitioner.
7. Despite having had a well paying job as a postal worker for years, James
DiSilverio has provided little to no financial support since leaving; he had the alleged
incapacitated person sign an affidavit of consent and waiver regarding his divorce
complaint in spite of her condition without addressing any property issues; he has
charged Petitioner $900 per month since January of 2004 as rent to stay in the marital
residence with the alleged incapacitated person; and, he has recently attempted to gain
the signature of the alleged incapacitated person on a deed transfer to sell her home
out from under her.
8. The sole income of the alleged incapacitated person is Social Security
payments of approximately $428 per month; all other financial support has come from
Petitioner since Mr. DiSilverio left.
9. The alleged incapacitated person has three children including the
Petitioner; the whereabouts of her other two children, Michael DiSilverio (approximately
age 25) and James DiSilverio (approximately age 26) are unknown 1 and both have
never come to their mother's aid in any way.
10. The alleged incapacitated person has two (2) siblings who have never
given aid and whose whereabouts are unknown.
11. Other than her now deceased mother, the only person who has cared for
the alleged incapacitated person has been Petitioner.
12. Petitioner has no knowledge of any other Court within this Commonwealth
which has appointed a guardian for the alleged incapacitated person.
1 [N]otice of the petition and hearing shall be given in such manner as the court shall direct to all persons.
. . entitled to share in the estate of the alleged incapacitated person if he died intestate. . . .20 Pa.C.SA
9 5511 .
13. Petitioner intends to present appropriate medical/psychological testimony
at a hearing regarding the alleged incapacitated person's inability to handle her
financial, healthcare and other general affairs.
14. Petitioner, having no interest adverse to the alleged incapacitated person,
has agreed to act as guardian if this Honorable Court shall so appoint.
15. Other than co-owning the house mentioned above, which is presumably a
marital asset, the alleged incapacitated person owns no assets in her own name.
16. Petitioner believes that a guardianship is necessary to ensure that proper
healthcare, financial and other general decisions are made on behalf of the alleged
incompetent person and to immediately protect any marital rights she may still possess.
17. Petitioner believes that she is qualified to act as guardian because she
has cared for the alleged incapacitated person with regard to most aspects of her life for
the past several years.
18. Petitioner believes that there is no other less restrictive alternative than
the within request.
WHEREFORE, Petitioner respectfully requests this Honorable Court to adjudge
Candy DiSilverio as an incompetent person and to appoint Monica DiSilverio as plenary
guardian.
IRWIN & BAYLEY
DATE:
-Io-o~
~!116SqUire
64 South Pitt Street
Carlisle, PA 17013
(717) 243-6090
Supreme Court 1.0.#87663
VERIFICA TION
I, Monica DiSilverio, Petitioner in this matter, do hereby depose and state that the
facts contained in the foregoing petition are true and correct to the best of my
knowledge, information and belief. I understand that false statements made herein are
subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to
authorities.
DATE: 11 7/ov;
1f~l~J~
Petitioner