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Home My WebLink About96-00298 ~. ~ 00 J 0- ~ I ~ ~ I ...... ~ ..... 0 CQ .... . c 0 .... z '" LLI Oath of Personal Representative Commonwealth of Pennsylvania County The Petit,onerl51 above-named swearl51 and atfirml51 that the slatemonts In the forego,ng Petition are true and correct to the best of the knowledge and belief of Pelltlonerl51 and that. as personal representat,velsl of the Decedent. Petitionerlsl will well and truly administer(lh. e ~state accordin\l to laJV. -' ". ( ". \ Sworn to and affirmed and .sut>~Cllbed"\--'" ,:.-- - . . .~::: --,.. ~ before me this ~,:1" ti;- day of L /) ;tl l i I 9'i .7 J (/)1(1,\, (' .YO'" /, /.11 (, Ii )fL~~ Ii' '1 (j {. ,/id} .T DECREE OF REGISTER Deceased No. 2t-96-298 Social Security No: 160-1 H-HnQn Date of Death: HAY 6. 1997 AND NOW, HAY 29 19.22-. in consideration of the Petotion on the reverse side hereon. satisfactory proof having been presented before me. IT IS DECREED that LetterS 1]1 Testamentary 0 of Administration Estate of PATRICIA S. SHEAFFER also known as PATRICIA SHITH SHEAFFER are hereby granted to . 4 ",, ' ._.....'P ". ......... ........,... ......... .,.......~ THOHAS S. SHEAFFER in the above estate and that the instrument(s), if any, dated FE8RUARY 2, 1993 described in the Petition be admitted to probate and filed of record as the last Will of Decedent. FEES Letters.......................... . $270.00 I J J i/j' : if (.: ,Xi;' j 'r'~ (~, I f' /1 j . Ix." L I,) J L. l', ,tT[ I .,-- rr., R.gllle'....t Willi Short Certificate(s)....~..... $ t5.00 Renunciation.................. $ Affidavit ( )................. Extra Pages (3 )............ Cod'cil.......................... JCP Fee........................ Inventory & Tax Forms... Other............................ $ $ $ $ $ $ 9.0n .::]:;r.-.,!..J-o G~.--, 4'G #11........ 23/~t/ 5.00 Attorney: I.D. No: Address: z ~ .! ~ .,L.) "'_ ,.~., t:::..,L- /~/.....!~../ '~oG' w....:.~~- ~ . . TOTAL................ $ 299.nn HAILEIl LETTERS ANIl ORIlERS TO Telephone: (';..7JL;:~' (.) '.'0 DATE FilED: }IA\' 29, 1997 ATTORNEY HAY 30, 1997 RW-7. '<t " I,'.' ': ~ -;..-:; ... ,_. .. I ''l t~-J ;1~ ci". fh ,i,~ ,:J '_..V c;t ': i . '(3 ~'~ '. , ., , ,.., ('I . ~- ,t' ~? l:r 1-. 1...) " ~ .l :> t'J ,~~ ~, ijU 0:..... ~ I .J . .J ~ III ~ ~ ~ . . C 0 . .( . . e Z . . z . <l: . 0 z -= tIl ~ e W ~ 0 0 Q. = ~ n: u . 0 . Ii l:;l III . g IJ. e w ~ . . > iii t 0 z III . .. Z . x 0 0 ~ l- e U) ....: t. ~ "It '. :, .....,..; .- .~ .,. . .!~ .;.I. , 0(.. tP 0 :I ;1 . I :1 I ., 'I ,I 11 II " ;1 I, . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION IN RE: ESTATE OF PATRICIA SMITH SHEAFFER, an alleged incompetent, : . . NO. ADJUDICATION AND ORDER :1 1\ AND NOW, this day of April, 1996, after hearing on the within Petition, we find and hereby adjudicate patricia smith Sheaffer, as an incapacitated person as defined in the I! " :! Probate, Estates and Fiduciaries Code, 20 Pa. C.S.A. ~5501 et ! seq., and David Jon McKim Sheaffer is hereby appointed guardian of the person and Thomas Scott Sheaffer and/or David Jon McKim Sheaffer are hereby appointed guardians of the estate of patricia Smith Sheaffer, an incapacitated person. BY THE COURT: J. ii . ., ,I i .1 I: :! IN RE: IN THE COURT OF COMMON PLEAS PATRICIA SMITH SHEAFFER, : CUMBERLAND COUNTY, PENNSYLVANIA an alleged incapacitated: person, ORPHAN'S COURT DIVISION ,I 'I 'I I . :1 :1 NO. I PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE AND PERSON IN Ii ACCORDANCE WITH 20 Pa. C.S. &5511 Ii II " I i I I I II I' I TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. Petitioner, Thomas Scott Sheaffer, is the son of patricia smith Sheaffer, the alleged incapacitated person. 2. Patricia Smith Sheaffer, the alleged incapacitated person (hereinafter referred to as "the alleged incapacitated person"), was born on March :n, 1913, and is eighty three (83) years of age, and has resided at 106 Locust Way, Carlisle, Cumberland County, Pennsylvania for. thirty one (31) years. 3. The following persons are, to the best of Petitioner's knowledge, information and belief, the only living next of kin of the alleged incapacitated person: :i 'I :1 " 1 :1 :1 I, :1 ~ I II :1 " , ~ Address RelationshiD to Alleaed IncaDacitated Person James singleton Sheaffer 8036 Pepperwood Drive Grand Blanc, MI 48439 Son Daughter Linda Nutter Lands Gap Road Enola, PA 17025 8807 Hidden Oaks Drive Eden Prairie, MN 55344 500 Mulberry Drive Mechanicsburg, PA 17055 David Jon McKim Sheaffer 106 Locust Way Carlisle, PA 17013 Daughter Mary Downing Thomas Scott Sheaffer Son Son , !I I 4. The name and address of the person providing residential accommodations for the alleged incapacitated person is currently Mary patricia Downing, residing at 8807 Hidden Oaks Drive, Eden Prairie, Minnesota 55344. The alleged incapacitated person has been living with her daughter since March 27, 1996 when daughter transported the alleged incapacitated person without notifying any of the family members in Pennsylvania. 5. To the extent known by petitioner, the assets of the alleged incapacitated person at issue in this Petition are comprised of the following: 2 ., :! , " " 'I :1 'I , :1 \1 '1 II " i' I I a. Bank Accounts: Fulton Bank, Silver springs Commons, Account No. 25192395210313; Commonwealth Bank, checking account #182-812-2232, direct deposit account for social Security checks. b. Real Propertv: Residence at 106 Locust Way, Carlisle, Pennsylvania; rental property i :1 II , " '1 located at 311-309 Carlisle street, Hanover, PA - $733.03 per month rental income. c. Certificates of Deposit: Fulton Bank, No. CD2-71116C in the amount of $20,000.00. d. securities: 150 shares of stock in Nynex, No. NYN187955; 400 shares of stock in PP&L, No. CL232564; 100 shares of stock in AT&T, No. ND72570. e. Pensions: $470.00 per month from pennsylvania state Police. f. social securitv Pavrnents: $500.00 per month. g. various Antiaues: value unknown. 6. Petitioner estimates the alleged incapacitated person's monthly income is One Thousand Seven Hundred Three and 03/100 Dollars ($1,703.03) which represents her monthly 3 , :! :I ;1 I I II Ii social security benefits, rental income and income from her husband's pension from the Pennsylvania state police. ,I 7. The alleged incapacitated person lacks sufficient :i " 'I II i II II I' il capacity to make or communicate reasonable decisions concerning her finances as well as her real and personal property due to memory loss and age related dementia. 8. Because of her mental and/or physical condition, the Ii alleged incapacitated person is totally unable manage her , Ii i Ii " ;1 I' I financial affairs, property and business, and is liable to dissipate her property or become the victim of designing persons and lacks the capacity to make and communicate responsible decisions relating thereto, including the ability to communicate her need for assistance in these areas. 9. The severity of the alleged incapacitated person's mental or physical condition and the lack of viable, less restrictive alternatives, necessitates that a plenary guardian of her estate be appointed to manage' and handle all aspects of the alleged incapacitated person's financial affairs, specificallY including, but not limited to all issues relating to her cash, checks, and any bank or savings accounts held in 4 " 'i I, " her name, stocks and bonds, personal property, real estate, :1 \i I I . life and other insurance of which she is the beneficiary, : entitlement to any government and non-governmental benefit plans, federal, state and local taxes, claims made or to be made on behalf of her or against her, the execution of documents, entry into contracts affecting her, and the payment of reasonable compensation or costs to provide services for ! I !I il . :1 " her. ,I II' , :i 10. Petitioner is aware that the alleged incapacitated person recently executed a new Power of Attorney naming her daughter, Mary patricia Downing, as her Power of Attorney. This new power of Attorney was executed during the course of " i! ;i \' time that Mary patricia Downing, the alleged incapacitated person's daughter, was visiting in Pennsylvania on or about March 26 or March 27, 1996. Shortly after the execution of the power of Attorney in which the alleged incapacitated person named her daughter as Power of Attorney, daughter and II I the alleged incapacitated person proceeded to the Fulton Bank and the commonwealth Bank, where the alleged incapacitated person has her checking and savings accounts. At the special insistence and request of her daughter, the alleged incapacitated person withdrew approximately Eight Thousand and 5 II 'I II Ii i! .: \i 'I 18. No other guardian has been appointed for the estate of the alleged incapacitated person. WHEREFORE, Petitioner respectfully requests that this Honorable Court award a Citation directed to Patricia smith Sheaffer, the alleged incapacitated person, and to such other person's as this Court may direct to show cause why patricia smith Sheaffer should not be adjudged a fully incapacitated person and David Jon McKim Sheaffer be appointed plenary guardian of her person and Thomas Scott Sheaffer and/or David Jon McKim Sheaffer be appointed plenary guardians of her estate. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: AorillL. 1996 BY<O .\>A.M).~~ -l'<'~ Paige Macdonald-Matthes, Esquire 1. D. #66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 2'38-6570 (Attorneys for Petitioner) 8 "[ T "A" E X H I B - " ,I I I' I Ii " , , IN RE: . . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION !I !I 'I ,I 'I :, , . . ESTATE OF PATRICIA SMITH SHEAFFER, an alleged incompetent, . . : : . . NO. . . CONSENT OF PROPOSED GUARDIAN COMMONWEALTH OF PENNSYLVANIA : : ss: II COUNTY OF DAUPHIN : I ;1 'I I :1 !I I, David Jon McKim Sheaffer, of 106 Locust Way, CarliSle, Cumberland County, Pennsylvania, do hereby certify that I am willing to act as the guardian for the person of patricia Smith Sheaffer, an alleged incompetent, if the Court shall so appoint. Furthe:, I do hereby certify that I am not a fiduciary of Estate ~n which the alleged incompetent has an interest, have I any interest adverse to the alleged incompetent. !I I any nor The facts and opinions contained herein are true and correct to the best of my knowledge, information and belief. SWORN and Subscribed to Before me this (fl" day of April, 1996. '-VY)1 ~~I'd 01 )( ~h1; il..iLL.... NOTARY PUBLIC Nolarial Seal Michele S, Miller. Notary Public Middletown 80ro. Dauphin County My Commission E'piros July 6. 1998 tMmoor. p~,,"'.:1r~] I\r1:.::loJ.ton 01 Nounos ,---' , :1 'I :i i :1 I ., , il :i IN RE: PATRICIA SMITH SHEAFFER, : an alleged incapacitated: person, IN THE COURT OF COMMON PLI,A/l CUMBERLAND COUNTV, PENNSVLVAllIA ORPHAN'S COURT DIVISION NO. CITATION , , , I " II 'i Upon consideration of the annexed Petition for Adjudication of Plenary Guardian, a citation is directerl to: Patricia Smith Sheaffer, alleged incapacitated person, to show cause, if any there be, why a plenary guardian should not be appointed over her person and estate. :1 Ii I I, , You are commanded to appear on the day of April, , the time in 1996 at .m. in courtroom No. the Orphan's Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania chosen for a hearing in this matter, at which time this citation is returnable. 11 WITNESS, Mary C. Lewis, Register of Willa nnd Clerk of the orphans' Court Division this day of Aprll, 1996. Mary C. LewilJ, Ilogistor of Wills Clerk of tho Orphnn's court, cumberland county, Ponnsylvania e, tJ- I :! i ,I IN RE: PATRICIA SMITH SHEAFFER, an alleged incapacitated: person, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION " il '[ ., ,I ': I il II ,I II l: " :' NO. ORDER AND NOW, this If/V] day of April, 1996, upon consideration of the annexed petition, it is ORDERED, ADJUDGED and DECREED that a citation be issued, directed to Patricia smith Sheaffer, show cause, if any there may be, why she should not be adjudged an incapacitated person and a temporary guardian of her estate be appointed to specifically deal with the issue of preserving the assets o~ her estate while she is living with her daughter in Eden Prairie, Minnesota. q I I I " 'j I, I' Ii I IT IS FU\~~~1~ ORDERED that ~ hearing sha~l be held on the 3.y( day of . ., 1996 at (/, ,J, (I ..!:,L.m. ~n Courtroom No. , of theV Cumberland county Courthouse, Carlisle, pe nsylvania. Said citation shall be served upon the alleged incapacitated person, Patricia Smith Sheaffer, by an adult individual, not a party to the proceedings who shall execute an Affidavit of Service and the same is to be returnable to the Court on the date and time of said hearing. Notice of the Petition and hearing shall be given to Patricia Smith Sheaffer, the alleged incapacitated person as well as Mary Patricia Downing, the alleged incapacitated person's daughter. BY THE COURT: /?I: , ~\JJna .';1010 J. LE: V d Ol Ud'J 96. C'I". "'1,<1 ' :":3 .1:188 ~o " II 4. The name and address of the person providing residential services for the alleged incapacitated person is Mary Patricia Downing, an adult individual and daughter of the alleged incapacitated person having an address at 8807 Hidden Oaks Drive, Eden Prairie, Minnesota 55344. 5. To the extent known by petitioner, the assets of the alleged incapacitated person at issue in this Petition are as follows: a. Bank Accounts: Fulton Bank, Silver Springs Commons, Account No. 25192395210313; Commonwealth Bank, checking account #182-812-2232, direct deposit account for Social Security checks. b. Real Propertv: Residence at 106 Locust Way, Carl isle, pennsyl vania; rental property located at 311-309 Carlisle Street, Hanover, PA - $733.03 per month rental income. c. certificates of Deposit: Fulton Bank, No. CD2-71116C in the amount of $20,000.00. d. Securities: 150 shares of stock in Nynex, No. NYN187955; 400 shares of stock in PP&L, No. CL232564; 100 shares of stock in AT&T, No. 3 'I II Ii 1\ Ii I; I , , I I I II II II I I financial affairs, property and business, and is liable to dissipate her property or become the victim of designing persons, including, but not limited to, her daughter, Mary patricia Downing, and her daughter's husband, and lacks the capacity to make and communicate responsible decisions relating thereto, including the ability to communicate her need for assistance in these areas. 1\ i II II Ii I I , 9. The alleged incapacitated person, on or about March 26, 1996, upon the special insistence and request of her daughter, Mary patricia Downing, executed a new power of Attorney while her daughter was visiting her in Cumberland County, pennsylvania. After executing a new power of Attorney, on March 27, 1996, the alleged incapacitated person, at the special insistence and request of Mary patricia Downing, went to the Fulton Bank and the Commonwealth Bank accompanied by her daughter, and removed approximately Eight Thousand and 00/100 Dollars ($8,000.00) from her savings I I II I accounts and checking accounts. The same day the alleged incapacitated person withdrew money from her bank accounts at the special insistence and request of Mary patricia Downing, Mary patricia Downing took the alleged incapacitated person back to her residence in Minnesota without notifying any other 5 I 1 II II il d , , ! i I i: ii I' II I' iI I: II I' I 11. As a direct result of the severity of the alleged incapacitated person's mental or physical condition, which renders her totally incapable of managing her financial affairs, it is necessary that a temporary guardian or guardians of her estate be appointed to handle her financial affairs and to manage her real and personal property located in Cumberland County, pennsylvania, to insure that her finances are managed properly for the benefit of the alleged incapacitated person. 12. The failure to make such an appointment of a temporary guardian or guardians empowered to handle the alleged incapacitated person's financial affairs will result in irreparable harm to the alleged incapacitated person and her estate. Petitioner is aware that the alleged incapacitated person executed a Power of Attorney on or about March 26, 1996, however, Petitioner believes, and therefore avers, that the alleged incapacitated person was not competent to execute a Power of Attorney, and that the Power of Attorney I I I Ii I' II Ii II ~ was the result of the special insistence, urging, and coercion of Mary Patricia Downing, the alleged incapacitated person's daughter. 7 16. A petition for Adjudication of Incapacity and Appointment of a Plenary Guardian of the Estate and Person of the Alleged Incapacitated Person in this matter is currently pending before this Court, filed on or about April 9, 1996. 17. No other Court has ever assumed jurisdiction in any proceedings to determine the capacity of the alleged capacitated person. lB. No other guardian has been appointed to the estate of the alleged incapacitated person. WHEREFORE, petitioner respectfullY requests that this Honorable Court appoint Thomas Sheaffer as a temporary guardian of the estate of the alleged incapacitated person, and specificallY to make provisions for the guaranteed preservation of the assets of the alleged incapacitated person's estate so that these assets will not be dissipated by \1 I[ II I' I 9 designing persons who the alleged incapacitated person may fall prey to as a result of her current living accommodations in Eden prairie, Minnesota. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: April If- 1996 ~ 4_' .:\ I' By:,. ^ (l~~t \~rl\:,,,,,t'\('r; Jfon.n1-)- h' 1___ paige Macdonald-Matthes, Esquire I. D. #66266 2320 North Second street P.o. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for petitioner) 10 '.1'., r -- CERTIFICATION OF NOTICE UNDER RULE 5.61al Name of Decedent: PATRICIA S. SHEAFFER Date of Death: Mav 6. 1997 Administration No. 1996 - 00298 To th~ Reryister.: I certify that Notice of Beneficial Interest required by Rule 5.6{a) of the Orphans' Court Rules was served on or mailed to the following beneficiaries of the above captioned Estate on September q) 1997: Thomas s. Sheaffer 500 Mulberry Drive Mechanicsburg, PA 17055 Mary patricia Downing 8807 Hidden Oaks Drive Eden prairie, MN 55344 Linda Elizabeth Nutter 2375 Dusty Lane Enola, PA 17025 James Singleton Sheaffer 8036 pepperwood Drive Grand Blanc, MT 48439 David Jon McKim Sheaffer 100 South Locust Street Apartment 1B Shiremanstown, PA 17011 Notice has now been given to all persons entitled thereto under Rule 5.6(a) except: None. sUbmit'<:<:ld, Date:Seotember 9. 1997 P.C. D. Cunningham, Esquire #23144 23 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 Telephone: (717) 238-6570 (Attorneys for Executor of the Estate of Patricia S. Sheaffer) , r J. James Singktlln Shl'affer. the IIldl'st slln IIf Patricia Sheaffer. uplln Cllnsideratilln IIf his Cllnsent filed wilh till' l'lIurt in this m;llter. shall he guardian of the estate IIf Patricia Smith Sheaffer. As guardian IIf the estate IIf Patricia Smith Sheaffer. James Sheaffer shall have the exclusivc resp"nsihility and Cllntrlll over allllf the assets held hy patricia Sheaffer. wherevcr situate. including hut not limited 10 real. personal and financial property, James Sheaffer shall he plaeed on all of Patricia Sheaffer's hank aeCllunts. wherever situate. as guardian of the estate for the express purpose of managing the financial affairs of Patricia Sheaffer and paying all hills incurred hy Patricia Sheaffer or her estate, James Sheaffer shall not have the authority to sell or otherwise conveyor dissipate any of the assets held hy patricia Sheaffer without ohlaining prior approval hy this court. James Sheaffer shall. on a monthly hasis. forward directly to Patricia Smith Sheaffer from the assets of her estate suflicient funds to provide for her incidental needs. In furtherance of James Sheaffer's I1duciary duties as guardian of the esl:lte of Patricia Smith Sheaffer. it is ordered that he shall undertake a thorough investigation of the estate for the purpose of ascertaining all unknown assets thereof. and any assets thereof which may have neen misappropriated hy any party or which may have neen diverted ny any party for purposes other than those in the direct and nest interests of Patricia Smith Sheaffer, In the event said investigation reveals the existence of any such misappropriations or diversions. James Sheaffer shall take all necessary and appropriate steps. legal. elluitanle or otherwise to recover and assert control over any such unknown assets. or to reeovcr from any misappropriating or diverting party the value of such misappropriated or diverted assets. James Sheaffer shalll1lc with this eourt. within six (6) months of the date of his return from Romania. a report of such investigation detailing the information ohtained therefrom and the steps taken to recover and/or control any unknown. misappropriated or diverted assets of the estate of Patricia Smith Sheaffer. 4. Until such time that James Singleton Sheaffer returns from Romania. the eourt's prior , IN RE: PATRICIA SMITH SHEAFFER, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTy, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-96-298 IN RE: PETITION FOR THE APPOINTMENT OF AN EMERGENCY GUARDIAN OF THE ESTATE OF PATRICIA SMITH SHEAFFER ORDER OF COURT AND NOW, this 15th day of April, 1996, following hearing on the within emergency petition, Thomas Sheaffer is appointed as temporary guardian of the estate of Patricia Smith Sheaffer. His authority to alienate or dissipate assets of the estate is limited to the right of the guardian to pay medical bills and other expenses of the estate. This appointment shall remain in effect for a period of seventy-two hours and shall be subject to renewal for a period of up to twenty days upon petition of the temporary guardian between now and the hearing to be held on May 3, 1996. The proposed guardian of the estate shall re-serve the petition heretofore filed with proposed order upon the alleged incapacitated person in the form and type required by the Probate, Estates and Fiduciaries Code nn c('" ~ ~'::;: if same ~. \Q D"\ :D~ ~~ ".' '-I has not already been accomplished. <6 :0 " By the Court, .. - U1 c. J.- :1,1',: 9~ Paige Macdonald-Matthes, Esquire For the Petitioners .l\",l,'\ c,. r'~ ^-ll~.. Gregory Lensbower, Esquire '1""0[.,,il""_;\'6 ([;...(..J,. 'I II.. 'll, For Patricia Smith Sheaffer .,. ~j o ~8. :bg C2 3 1 MS. MACDONALD-MATTHES: Dr. Sullivan, we're here 2 today to take your deposition because, as I understand, you're 3 going to be going on vacation and would be unavailable to 4 attend the competency hearing which is scheduled for Friday, S May 3rd in front of Judge Hess in the Court of Common Pleas, 6 Cumberland County. In light of the same, it is necessary for 7 us to take your deposition so that we have a record of your 8 thoughts, ideas, and opinions concerning the competency of 9 Patricia Sheaffer, the alleged incompetent in this 10 proceeding. 11 If at any time I ask you a question, you do not 12 understand the question, please ask me to rephrase. If you d 13 not know an answer, simply say I don't know. Please keep you 14 responses to yeses and nos because the stenographer has to 15 record your answers and thus it will be necessary for you to 16 have an affirmative or negative response. 17 18 JOHN M. SULLIVAN, M.D., called as a witness, bein 19 duly sworn, was examined and testified, as follows: 20 21 DIRECT EXAMINATION 22 23 THE DEPONENT: Wasn't this done over the phone 24 already? 25 BY MS. MACDONALD-MATTHES: ~ -1 1 2 3 -1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q It was an emergency hearing that you testified to. A Okay. So we have to do it allover again? Q Yes, unfortunately. Mr. Shultz and I diligently tried to avoid having to depose you today. We're at the door but not through the doorway yet of resolving this matter. Dr. Sullivan, I'd like to begin by going through your curriculum vitae, which you submitted to me earlier this week. Do you have a copy with you? A Yes. Q I'm going to be having this marked. A Can I see what you have so I know we're on the same track? (Reviewing exhibit.) Okay, same one. MS. MACDONALD-MATTHES: I'll have that marked as Petitioner's 1. (Petitioner's Exhibit NO.1 was marked.) BY MS. MACDONALD-MATTHES: Q And Dr. Sullivan, I note here that it says that you did your undergraduate degree at the University of Cincinnati; is that correct? A Correct. Q And that you did your medical studies at the University of Cincinnati Medical School as well? A That's correct, Q And you did a family practice residency in the ~..; 5 1 Harrisburg Hospital? 2 A Yes. 3 Q And that you were the Chief Resident of the 4 Harrisburg Hospital Department of Family Practice between Jul 5 1977 and July 1978? 6 A Correct. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And can you talk a little bit about your employment experience since your completion of residency? A The first year following graduation from residenc I was in a partnership with a Dr, Cincotta and we were employed basically -- well, we were on our own. We had contracts with emergency rooms, with nursing homes while we were establishing our patient flow, We weren't particularly employed by anyone other than ourselves, but we -- we had our own contracts to provide services. Q And after this partnership did it just naturally evolve into something else or did you eventually move onto other A Well, as time went on, it did evolve. And it evolved into -- we had some differences of philosophy that eventually led to me going solo. So I split off from them in 1987 and have been solely here ever since. Q And the nature of your practice is primarily what field? A It's a combination of family practice, 6 1 environmental illnesses, and what would be called some 2 alternative or integrated medicine, 3 Q And are you board certified? 4 A Yes. 5 Q What are you board certified in? 6 A I'm board certified in family practice. 7 Q And family practice encompasses what? 8 A All ages from birth to death. 9 Q And during the course of your practice, have you 10 had the occasion to treat people who are considered to be 11 geriatric patients? 12 A Yes. 13 Q And that would be ages what? What -- at what age 14 does one become qualified as a geriatric patient? 15 A Every -- I .- every year -- I don't know the 16 answer to that. It used to be 65, Now it's -- it's almost 17 70. When I say almost, the label geriatric is -- is a bad 18 label to use in my opinion. And it implies that something's 19 not right with the person, So personally I don't use that 20 label. 21 Q Do you have any other -- I note on your curriculu 22 vitae that you were Chairman of Family practice at the 23 Harrisburg Hospital? 24 A Yes, 25 Q And how long were you the chairman of that 7 1 department? 2 A That was two years, I believe. 3 Q Was that 4 A Maybe - - I'm sorry. 5 Q I'm sorry, Continue. 6 A I think that was a two-year rotation. Yes, that 7 was a two-year thing. 8 Q Now, during the course of your practice, have you 9 had the occasion to meet an individual by the name of patrici 10 Sheaffer? 11 A Yes. 12 Q And how do you know patricia Sheaffer? 13 A She was a patient of mine, 14 Q Do you know when you first saw Patricia Sheaffer? 15 A Um-hum, I first encountered her when I was 16 filling in for Dr, Hobbs. Her first visit to me was in March 17 of 1994. 18 Q And that first visit in March of 1994, did you 19 exclusively see her or was that when you were in practice 20 with I'm sorry, I forgot the name of -- 21 A Dr, Hobbs. 22 Q Dr. Hobbs? 23 A I was -- I believe, was just filling in for him. 24 Mrs. Sheaffer had been a patient of -- wait a minute. Let me 25 look and see here. I'm sorry, I need to give you another 8 1 date. I first saw her in late october -- early October 1993, 2 Q And at that time you were in sole practice? 3 A Yes. 4 Q Okay. 5 A Can -- can I tell you something that might help? 6 Dr, Hobbs worked out of this office. He had his own separate 7 practice, I had my own separate practice, We would, however, 8 fill in for each other during vacations. 9 Q Okay, 10 A Okay, 11 Q And when you saw Miss Sheaffer for the first time, 12 what was it that brought her to your office? 13 A She was having back pain, 14 Q And were you able to treat that? 15 A I gave her some medication. And according to 16 Dr, Hobbs's note, the medication did not seem to make a 17 difference so she came back and started to see Dr, Hobbs as a 18 patient as.- as a physician. 19 Q Do you recall when patricia Sheaffer became your 20 patient exclusively? 21 A Yes, That would have been March of 1994. 22 Q And in March of 1994 what brought her back to you 23 practice? 24 A She had been in Minnesota and was apparently 25 hospitalized, found to have a lot of things ~'rong, and she ~ 9 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 came back into this area following discharge and needed to have subsequent care. Q What type of care did she require at that time when she came back from Minnesota? A I don't understand your question. Q What kind of care? You mentioned that she needed -- A Basic general medical care, She had been found t have a thyroid problem. She had a blood pressure and circulation problem. She had been given several medications, so her problems needed to be monitored, her medications neede to be adjusted. Q At the time that she became your exclusive patient, that was in March of 1993? A '94. Q '94, excuse me. How old was she? A Oh, my, Let me do a calculation here. Q Actually, we can -- I think we can figure out how old she is. Let me move on to other questions for you. In March of 1994 how would you characterize the mental health of patricia Sheaffer when she came to see you? A She showed no evidence of being in any way compromised. She was living independently. She was cooking for herself. She was active. And I -- I have no note at all that raised any question that she was compromised mentally, 10 1 Q Now, how often did you see patricia Sheaffer as a 2 regular patient? 3 A Okay, In March, to get things all under control, 4 I saw her three times, After that - - 5 Q When you say March, March of 1994? 6 A '94. 7 Q Okay, 8 A After that her visits were approximately every tw 9 to three months, depending on what was happening. 10 Q And did she attend her regularly scheduled 11 appointments? Let me rephrase that question. 12 A Yeah, 13 Q She came in to see you every two months? 14 A Approximately, 15 Q Did she bring herself in or was a family member 16 bringing her? 17 A She was accompanied by a family member, 18 Q Do you know who usually brought her in for 19 treatment? 20 A Yes, usually it was Tom, who I believe was the 21 son. And but I also know that there was a daughter. And I 22 don't know how often the daughter came in or not, but I had 23 to -- I had to talk with both of them off and on. But I thin 24 she was usually accompanied by the son. 25 Q And you said that you had to talk with them off 11 -, , .. 1 and on. What would you have to talk with Mrs. Sheaffer's 2 children about? 3 A Tom was always curious about what needed to be 4 done so that he could see that it got done. And Linda had S called on -- on several occasion -- well, at least on one that 6 I have written here, and there may be other times on the call 7 sheets that we keep elsewhere with 8 MR, SHULTZ: Excuse me. Linda being who? 9 THE DEPONENT: There's a Linda Nutter. 10 BY MS. MACDONALD-MATTHES: 11 Q Linda Nutter is a sister -- is another sibling. 12 A Who called with questions about medicine her 13 mother was taking on a regular basis, And those issues were 14 all referred back to Tom who was up-to-date on everything. 15 Q During the course of treatment of Patricia 16 Sheaffer did you see a change in her, either for the better 0 17 for the worse? 18 A Yes. 19 Q Yes, there was a change? 20 A Yes, there was a change, 21 Q What type of change did you note? 22 A Over time I noticed that she would be getting more 23 absentminded, She would become slower in her responses and 24 hesitant in a lot of her answers, Those -- those were the 25 kind of changes that I saw. 12 1 Q Now, when you say that she became absentminded, 2 what type of -- of things did she do that led you to this 3 conclusion that she was becoming absentminded? 4 A On one occasion in late 1994, this would be August 5 of '94, she was here as a routine visit and said that she 6 really didn't know why she was here at all. And yet when I 7 spoke to the son about what was happening, which is -- was a B usual course of events, he implied that she was having a lot 9 more difficulty with her -- let's see -- I think medications 10 had been not taken according to schedule, he was having 11 trouble keeping track of her in terms of her hygiene, But she 12 had no idea why she was here at that point in time, even 13 though it was a regular visit for her. 14 Q Did you note a marked change in her hygiene when 15 she was here in your office? 16 A No, I did not note -- have that as a note, That's 17 hearsay. 1B Q Did you ever discuss with her events that were 19 changing in her life, her -- her home life? Did you ever ask 20 her if she was taking her medicines? 21 A I usually do, I -- and it's so routine that I 22 usually don't write anything down about it unless it flags an 23 abnormal. 24 Q At any time during your discussions with her did 25 you have occasion to note any abnormality in response or have 13 1 a concern as to her responses? 2 A Yes. In -- in March -- I'm sorry. April of '95 3 is when I made the first positive comment that she seems 4 rather confused about those question -. that line of 5 questioning. 6 Q What line of questioning are you -- about what was 7 going on in her life? 8 A Right. 9 Q Okay. 10 A Right. 11 Q At that point in time was there any physical 12 change, dramatic physical change that you noticed about her 13 person? 14 A She .- at that point in time she had demonstrated 15 a weight loss. She was now a hundred and ten pounds, had 16 started off at a hundred fifteen. So there had been a weight 17 loss since August of '94. That would be the most significant 18 physical change. 19 Q Any other physical changes? 20 A The reason for the visit in April was because of a 21 skin rash, which was an acute rash, So it was -- that was 22 also a change, but that's something that she was there for, 23 brought in by the son. And again, she really wasn't sure why 24 she was there that day. And when I quizzed her about the 25 rash, she wasn't sure when it started, .,,/ . ,./ 14 Q Did you ask her if she was eating? Did she know whether she had eaten or not? A No, I -- I don't know if I had asked her about that or not. Q Now, did you ever have occasion to notice any distinct changes in her speech pattern? A Oh, my. I can't say that I have anything in that 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 line. Q Refreshing your recollection back to your testimony at the emergency hearing, you indicated that in you notes for October '95 .- A Okay, Okay, In her -- in her pattern -- yes, in October of '95 she was brought in and she was in a state of significant confusion. She was rambling from one sentence to another and had no pattern at all. Q And what was your impression as to what was causing this rambling speech pattern? Was she on any different kind of medication that would have caused that? A No, she was -. she had no medical reason, no side effects that could have caused that. My impression was it was probably a progression of the senility which we had been seeing, I had a long talk with the family about placement for __ in the near future because I thought she was headed I __ she __ actually, I thought she was beyond the need for it at that point. I thought she needed it. 15 r---) Q When did you have this discussion with her family about the need for long-term care? A 10/12/95. 1 2 3 4 Q And you I believe you stated that she was well S beyond the need for it? 6 A I think -' I think that this is not the first time 7 that I spoke to them about it, but it's the first time that I 8 wrote it down as such. 9 Q And what led you to that conclusion that that's 10 what she needed? 11 A Because she had a history of falling and injuring 12 herself and would, therefore, be a risk to hurting herself 13 even more in __ in an environment where she lived by herself. 14 Q Were you also concerned that she wasn't eating 15 properly and that was the cause of the weight loss, living by 16 herself? 17 A That's all part of my concerns, yes. It's not 18 stated as such, but there's that; there's the risk of causing 19 a fire in an attempt to cook or forgetting to turn the stove 20 off if you are cooking; so just general considerations of all 21 kinds, 22 Q Did you run any type of tests to confirm your 23 suspicion that there was -- and I don't mean to put words in 24 your mouth __ but would you qualify her condition as 25 age-related dementia or what? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 , ._~ 16 A We did not do any tests to confirm that. There is really very few that you can choose from, There is one test, a brain scan, which at that point may have been helpful, but the overall statistics on the return from doing a brain scan is so low that you rarely find what you're not looking for. Q You rarely find what you're not looking for? A Right. Q Is there any A If you -- if you order a brain scan you can make a list of the different possible things that might show up, okay, You can see you can see age-related changes, you could possibly see a brain tumor, you could possibly see a bruise of the brain that's called a subdural hematoma. All of these things are very possible, But all of these things usually have other signs associated with them, other clues, So if you order a brain scan you have an idea in the back of your mind what it's going to show. Q Are there other evaluations that can be done in order to confirm that someone is having psychological difficulties or dementia or experiencing dementia? A If you use the word could, I'm sure that there are. Q Did you do any type of evaluation on patricia Sheaffer? A On 10/12 .- that's '95, We were at 10/12/95. 17 1 Yes, I did blood testing to check her overall health and her 2 medicine. And the overall pattern was acceptable for her age, 3 and her medication was adjusted properly, 4 Q Refreshing your recollection back to the hearing 5 in May of '95, did you do any kind of evaluation? 6 A Okay. May of '95, In May of '95 she was here 7 because of a bruise that was found around her eye with a 8 scab. She did not remember how it got there, Her son felt 9 that it was a fall that had occurred Monday evening. He even 10 dated it to about 7:15 in the evening because of the timing 11 that he had checked on her. He thought she was out getting 12 her newspaper. We did not do any testing other than the 13 physical exam and a a memory test at that point. 14 Q How did she perform on the memory test? 15 A My note here says that her memory is poor. 16 Q Do you remember what type of things you asked her? 17 A I don't know the specifics. 18 Q At this 19 A No, 20 Q What do you normally ask a patient when you're -- 21 A Normally I would ask things like do you know what 22 city this is; do you know who's the president; do you know 23 what year it is; do you know why you're here, questions like 24 that. Do you know who this is (indicating), if they're 25 accompanied by anyone. That's'- that's the kind of memory 1B 1 test that I would do. 2 Q And your notes indicate that she did not perform 3 well 4 A That's correct. 5 Q -- in this? Did you do any other type of 6 evaluation on her at that point? 7 A Define evaluation, 8 Q Any further neurological evaluation? 9 A We did a vision test to see that the nerves of he 10 eyes or that her eyes themselves had suffered, And her visio 11 was okay. Let's see. That's all that I have written down. 12 My overall impression is that it was not a major 13 injury and that it would be just as well to let it heal by 14 itself. 15 Q So the confusion that she was experiencing was not 16 as a result a temporary result of the fall, but -- is that 17 what you're saying? 18 A That .- I think we have -- we have evidence of 19 confusion that predate the fall, 20 Q Okay. 21 A We I have a note in April of '95 that says that 22 we need to pay attention to her state of confusion at this 23 point, which may jeopardize her ability to stay at home 24 alone. That was in April of '95. 25 Q Do you have any other notations in your notes as -~ 19 1 to other dates that she appeared confused while here at your 2 office? 3 A In August of '94 I make a note that she was havin 4 weight loss and increasing difficulty to take care of her. 5 This was according to her son. I did document the weight 6 loss, I could not document the increasing difficulty. 7 Q Did you speak with her? Do you have any 8 indication that you spoke with her about her ability to take 9 care of herself? 10 A I don't think I did. All of that was relayed 11 through the son. 12 Q Based on your evaluation of her or your 13 examination of her, would you perceive her to have difficulty 14 in taking care of herself? 1S A This was -- this would be totally my recollection 16 of the case, Yes, I would see her as having difficulty takin 17 care of herself, 18 Q And why would you state that? 19 A Because I would watch them come from the exam -- 20 from the waiting room back to the exam room, I could see her 21 getting more feeble with time. My recollection of the case 22 was indeed that she was showing signs of increasing 23 forgetfulness and hesitation, inability to make decisions. 24 Simple questions would give her a hard time. She'd have a 25 difficult time coming up with simple questions. So my overall 20 1 evaluation would say yes, I saw her deteriorating. 2 Q What was the last time that you saw Miss Sheaffer? 3 A Her last visit was January '96. 4 Q And was there anything remarkable or noted about 5 her or her condition during that visit? 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Okay. She was here with a vague symptom of abdominal pain for the last several days. The only other source of information came from the grandson who accompanied her, She was apparently still living alone. He did not really know any more details about the nature of her pain. And I have a note that she is extremely confused today. The examination was focused on the complaint of the abdominal pain, The abdominal pain, the examination failed to reveal a specific cause, so I had asked for an increase in bulk in her diet and then call if problems, Q Okay. A At that time her weight was down to a hundred and four pounds, Q The loss in the weight, is that attributable to her not eating well or is that attributable to any kind of medication that she was on? A Well, it ._ I would not account for it being due to the medication because the last time we checked the medication, which was just three months before that, the dose was proper. So I don't think that the dose would have gone 19 20 21 22 23 24 , 25 '0_-" 21 1 2 3 4 5 6 7 8 9 out of line that much. Therefore, that would not be in the list of possible explanations. Q Okay. A There are other things in the list, but not the medication. Yes, poor eating habits would be in there. Coul she be developing other medical problems at the same time? Yes, she could be developing other medical problems, Q Do you think that she was at risk continuing to live by herself? 10 A Yes, 11 Q A substantial harm? 12 A Define substantial. 13 Q Do you think that her physical condition was at 14 jeopardy by continuing to live by herself? 15 16 17 18 A Yes. Q Based on your observations of her mental condition, do you think that she was at risk of potential ha from others around her because of her confusion? A She could have been taken advantage of, If somebody would have said sign here, she would have signed. She -- she offered no evidence that she was competent to make decisions. Q During the course of your practice have you had the opportunity to observe others similarly situated, other other individuals with the same type of symptoms which would 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 17 1B 19 20 21 22 23 24 25 ........ 22 lead you to that conclusion? A Um-hum, yes. Q As a family practitioner, you treat the entire body? A Right, Q As well as the mind? A Yes. Q And in your experience is that a common afflictio of people of Mrs. Sheaffer's age to have the confusion, or does it depend on a case-by-case analysis? A It's a case-by-case analysis. Q Okay, A The adjectives common and whatnot are .- I can't answer with those kind of adjectives. It's a case-by-case issue. Q And in this particular case, this was, in your opinion, a dementia of some form? A Yes, a dementia of some form. Q Which led you to the conclusion, I believe you said, that she's not competent? A Yes. Q Now, did you provide my office with a letter setting forth your opinion as to Mrs, Sheaffer's condition? A I believe that I did. I know I sent someone a letter, ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2S 23 Q Can you identify what I'm going to have marked as Petitioner's 2? A Yes, (Petitioner's Exhibit No.2 was marked.) BY MS. MACDONALD-MATTHES: Q Can you identify this for the record, please? A This is a letter that I sent on April lOth regarding Pat Sheaffer. Q And does this set forth your opinion as to her competency? A Yes, it does. Q And is it your opinion that she can no longer handle routine activities of daily living? A Yes, Q And that she would have difficulty in being responsible for financial transactions? A Yes, it is. Q And these opinions were based on your evaluation of her and examination of her during a course of time from March of '93 until January of '96? A Yes. Q Has there been any other incident which would have changed your opinion from the opinion which is set forth i:l your April 10th, 1996 correspondence? A The only thing -- the only other thing that has " +~/' 24 happened is that she apparently had an appointment for April the 11th and failed to show up for the appointment. One can make an argument as to why, Is that something else that she forgot? Q She's in Minnesota, but that's okay. A Well, I don't know. Q But no one called -- she didn't call your office to cancel? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, she did not call my office to cancel. Q Who usually scheduled her appointments? A Whoever was on the front desk at the time, Q No, for her own appointments? A Tom was usually accompanying her. It would have to be done through Tom. This last time she was accompanied b the grandson. I would assume that it was given to the grandson. Q But she -- was she scheduling her own appointments? A No, no. MS. MACDONALD-MATTHES: Cross. CROSS EXAMINATION BY MR. SHULTZ: Q Thank you, My name is Tom Shultz, Dr. sullivan. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 We were introduced earlier. I am the attorney who represents the alleged incapacitated person, We prefer incapacitated, as does the State of pennsylvania. A Okay, Q Simply for the connotation that incompetent denotes. However'- A I am well aware that terminology gets very mucky. And, you know, the use of adjectives and whatnot, qualifiers, I don't like them. So I know how sticky things can be over one word, Q Yes, In fact, you had said that you don't even use the word geriatric in your practice? A Right. Q We had gone over your curriculum vitae and it appears to me to be suitably impressive. What, if I may ask, is the University of Hawaii certificate that's on your wall? A That's for a course in allergy that I took. Q And you are certified with the Board of Allergies or have you more boards? I have you have American Academy of Allergies -- I can't even pronounce that. A Of Otolaryngic Allergy. I -- I am right now boar eligible for the American Academy of Otolaryngic Allergy. for this group here, the American Academy of Environmental Medicine, AAEM, I will sit for their boards. I will sit for the board of AAOA, hopefully, in the fall of this year, at i-"' '. 26 1 2 3 4 5 6 7 8 9 10 which time I then will be boarded in family practice and AAOA. And eventually I will be boarded in AAEM, Q The environmental part of your practice that you referred to A Urn-hum. Q -- and you just now were talking about, what percent of your practice would you guess that that encompasses? A Right now, if I had to guess, it would be 25 percent. 11 Q And the allergy part, is that part of the 12 integrated? 13 A No. Allergy -- allergy actually is more part of 14 the environmental, 15 Q What is involved with the integrated medicine? 16 You touched on it briefly. 17 A Okay. Again, integrated is the term -- and I 18 don't want to get hung up in terms -- but historically there 19 have been several schools of philosophy that developed over 20 the years. One school of philosophy is homeopathic medicine, 21 Another school of philosophy is naturopathic medicine. 22 Another school of philosophy is allopathic medicine, 23 Another well, those are the main schools of -- of medicine 24 right now. 25 Allopathic medicine seems to control all the 27 1 buttons and chains of insurance companies and policy makers. 2 Until now if you were an allopath you -- you did not use any 3 of the other philosophical techniques. You did not use 4 chiropractics, you did not use osteopaths, you did not use 5 homeopaths. And likewise, if you were a homeopath you did not 6 use any of the allopathic techniques. You did not write 7 prescriptions, you did not write drugs, and you excluded all 8 else from -- from that area, 9 The concept of integrated medicine is that we 10 actually take the best of all the worlds. We use 11 prescriptions when necessary. We use vitamins and herbs when 12 helpful. We use diet whenever possible. I do not do 13 homeopathy, but the term integrated means we are taking the 14 best of all the worlds and combining them. 1S Q Would it be safe to say that in that -- with all 16 that that discipline encompasses and I have no idea what 17 you were saying in terms of some that not being -- basically 18 essentially being a layman -- would it be safe to say that yo 19 look at environment, in terms of well-being of patients, is 20 environment a factor in their well-being as is diet and 21 medication, et cetera? 22 A Yes. Now, environment means not only their livin 23 capacity or their living space, So environment also means the 24 quality of the air that they breathe, the quality of the food 25 that they eat, water that they drink, and other parameters as ......- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 28 well. Q Quality of the social interaction? A That would not necessarily fall into the environmental issue, but it would certainly fall into the -- Q Integrated? A __ psychological issue, which is the family practice, Q Now, you had stated that you first saw Miss Sheaffer in early October of 1993? A Yes. Q You had never met her before then? A That's right, Q And you began to see her on a regular basis in March 1994? A That's correct. Q Why did she come to you? Do you know? A At that point because Dr. Hobbs retired and left office. Q And how long had she been a patient of -- of 20 Dr. Hobbs? 21 A I do not have that information. 22 Q Do you have the records from when she was a 23 patient of Dr, Hobbs? 24 A Wait a second. I could give you a rough idea ) 25 here. There are notes from '91 to ' 93, If if her -- I ...... . - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .' 29 have reason to believe that she became a patient of Dr. Hobbs in 1991, Q And you're basing that on what? A On office notes, old records from Dr. Hobbs. Q All right. The notes from Dr. Hobbs, have you reviewed those recently? A No, Q When did you last review them? A Probably on her first visit, Q Okay. A First visit to me. Q So that the record is clear, could you please just list the dates of every time that you saw her and see that you have the dates? A That I saw her? Q Yes. A I saw her on 10/8/93 and 10/11/93. At that time she was still a patient of Dr. Hobbs. I then started to see her on 3/2/94, 3/9/94, 3/23/94, 6/8/94, 8/16/94, 10/11/94, 4/7/95, 5/10/95, 10/12/95, 1/29/96. Q Now, do you know whether those were regularly scheduled? In other words, do you regularly schedule patients so that when, for example, when she left from one .- from one appointment would she have scheduled another one at that time? A It would have -- yes. 30 ~,.- 1 Q All right. So they were regularly scheduled? 2 A They were regularly scheduled. 3 Q And did not have anything really to do with any 4 problem in particular, other than if it was a nonregularly 5 scheduled appointment? 6 A That's right, Those were routine maintenance 7 checks. S Q When you saw her on those occasions, what would 9 have been the length of the visits? 10 A I don't wear a watch. I use what time I need. I 11 do not have a time schedule, although patients are booked 12 every 15 minutes. There are times when I run behind. There l3 are times when I run ahead. But the patient gets what time 14 they need. 15 Q So you're not in a position to say what length of 16 time she was with you on any of those particular visits? 17 A That's right, I am not in a position to do that. lS Q Were any of those visits specifically set up or 19 scheduled by anyone, Mrs. Sheaffer or her sons or daughter, 20 for these express purposes of determining whether she had 21 sufficient capacity to continue alone? 22 A No. 23 Q Now, you had stated that over time you noticed she 24 was more absentminded, and I think in April of 1995 you made 25 the notation that she seems rather confused, but you had not 31 1 2 3 4 5 other than that made any notations about being absentminded. So my question would be were there any other times that you made those observations and noted them? A No, If -- if that's the only time that it's written down, that's the only time that I noted them. 6 Q Okay. 7 A I - - again, what's your definition of noted? S Q Written in your notes. 9 A Written in my notes, yes, those are the only 10 times. 11 12 13 14 15 16 17 lS 19 20 21 22 23 24 2S Q All right. And you had also said at one point, I believe, that if you had noticed something abnormal you would have noted it in your notes? A For the most part, yes. Q Okay, A It is possible that in the course of discussion with Tom that the topic came up, maybe as a potential or a risk factor, and it was not indicated on the paper. Q It's possible but you don't know? A It's possible but I don't know. Q All right. I believe that you had indicated that between April of 1995 and October of 1995 she had an office visit, and I think you said it was in 6/95, so June; is that correct? A I have 5/10/9S, 32 1 2 3 4 S 6 7 S MS. MACDONALD-MATTHES: It was May '95. BY MR, SHULTZ;, Q I'm sorry, it was May '95? A Yes. Q Was there a visit between April 1995 and October 1995? A Yes, there was May '95, Q What was that visit for? Was that a routine visit 9 also? 10 A No, it was not. It was ahead of her schedule. It 11 was because of a bruise that had appeared to the right side of 12 her head. 13 Q All right. That was not the bruise that Tom had 14 attributed to her falling getting her paper; is that correct? 15 Is that the paper? 16 A Yes, that is the same one. l7 Q All right. In the visit from August of 1994 you lS had stated that she did not know why she was there. Your 19 answer also was that Tom implied she was having trouble? 20 21 22 23 24 25 A Yes. Q Could you tell me what you mean when you use the word implied there? A He said he was having more and more difficulty keeping track of her and her medicines. Q Did he state why he was having that trouble? __,.r'. 33 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 A No, he did not; or if he did I didn't write it down. Q You said that at that time you had no notice that she had any kind of hygiene problems? A Right, Q But he had said that she did? A That's correct. Q And she said that she didn't know why she was here? A That's correct, Q Was it possible there really wasn't a reason for her to be here? A On which visit are you talking about? Q On August 1994, A That would have been her routine check. Q So it was possible that she was simply there 17 well, for the -- it was routine check? lS A That's correct, That's right. 19 Q So that's why she was there? 20 A That was a maintenance check, 21 Q But she had nothing that was wrong with her other 22 than routine things that you could see at that time? You 23 didn't make any notations? 24 A Well, her weight was still falling. This is 25 August. 34 1 Q Right, right. August '94? 2 A You're in August of ' 94 . 3 Q Okay. 4 A Her weight was still falling. S Q What was the recommended course of treatment afte 6 that visit or as a result of that visit? 7 A We drew her blood to check on her medications. We 8 were not going to change anything and we were going to check 9 her again in two months' time, 10 Q As far as the weight loss, is that, I know you ha 11 said that every case is unique and there's no common thread 12 between cases, but do you notice weight loss in older people 13 commonly? 14 A Do I notice weight loss in older people commonly? 15 No. 16 Q All right. So it's not -- weight loss you never 17 attribute to the fact that people are getting older? lS A That's correct. Can I qualify that? 19 Q Sure. 20 A If I see weight loss in a person who is elderly, 21 whatever elderly means, there is always an explanation for 22 it. There are -- there are several things on the list that 23 of explanations, which could include improper medication, new 24 medical problems developing, tumors which are not seen or that 25 are getting started, poor eating habits, or the inability to 35 r' ) '-' provide for oneself, Q In Miss Sheaffer's case what did you ever determine was the cause of the weight loss? A I was able to determine that it was not her medication and that it was not a list of certain medical problems that were popping up, Q All right, So you ruled out certain things? A I ruled out certain things. Q And leaves any reason .- number of reasons for it? A Yeah, there still could have been several other reasons for it. Q And there was never a definite determination? A That's correct. Q In october of 1995 you say you had a long talk with the family about placement in some type of institutional care; is that right? A Yes. Q Do your notes indicate or do you remember who was present at that meeting? A I do not, I do not know specifically, Q Do you __ well, the result of that was as we now 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 lS 19 20 21 22 23 24 25 know A I can __ I have a .. I can .- I have earlier in the note I have that the son brought her in that day. Q Um-hum, but -- \"J 36 1 2 3 4 A That would imply that the son was the one that I was talking to, Q All right, So when you're saying family, you're simply saying Tom or -- I'm sorry -- 5 A Yes. 6 Q - - the son. Now, which son was it? Do you? 7 A I don't know that. S Q All right. All right. 9 A I just say son. If she has more than one son it 10 11 12 13 14 15 16 could have been anybody, Q All right, So as far as you know it was only one son? A Yes, as far as I know it was only one son, Q The result of that, as we now know, was that she was not institutionalized at that time? A That's correct. 17 Q But you don't know whether whoever you talked wit lS took it up with the rest of the family? 19 A That -- I do not know that. 20 Q Did you advocate that position fairly strongly to 21 that person? 22 A Yes. 23 Q Now, you -- you at no time did any test to confi 24 an age-related dementia, I think you had said that? 25 A That's -- that's right. 37 1 2 3 4 S 6 7 8 9 10 11 12 13 14 1S l6 17 Q Did you make a diagnosis at any time of dementia of any type? A She has a diagnosis of confusion written on her problem list. It is -- it is there, It is not termed dementia. Q Right. A We -- we're going to get stuck in terms. But there is a term listed on her problem list. Q There was an observation of confusion? A Yes. Q Was there any determination made as to what was causing that dementia? A In terms of brain scans or .- Q I'm sorry. Causing the confusion, in terms of anything that would have been used to determine an illness or any type of underlying physiological problem causing the confusion? 1B A Okay. The most likely possibilities were tested 19 through the blood 20 Q All right. 21 A - - and were ruled out. 22 Q And those would have been what? 23 A Sugar problems, metabolic problems that would 24 throw the blood count off, or medication imbalances, 25 Q Okay. 1 A 2 Q 3 A 4 Q 5 A 6 Q 7 A 8 word, but, 38 The lesser likely causes were not tested, And those would have been? Brain tumor, strokes, things like that. Physiological type problems? Yes. Okay. Physiolog -- I don't know what you mean by that 9 Q I'm using it in a laymen's context. If you'll 10 educate me I'd appreciate it. 11 A Those are less .- those are significantly less 12 common statistically and so they were not tested for because 13 there were no other evidence making them a suspicion. 14 Q Are there different -- does the medical professio 15 identify different types of dementia? 16 A Does the medical profession define different types 17 of dementia? Yes. 18 Q What is the variation in those types? What -- wh 19 are there different types? 20 A You're asking me to speak for the medical 21 profession or are you asking 22 Q As you understand it. 23 A Are you asking me to -- 24 Q As you understand it. 25 A speak for myself? , w -'.-- .. 39 1 Q As you understand it. 2 A The more I learn there are many, many types. 3 There is probably you have -- there's a dementia of multiple 4 infarcts, multiple stroke dementia, There is this thing 5 called Alzheimers disease which is bandied about incorrectly 6 by most physicians. There is toxic dementia; people are sick 7 from something, it may be medication or it may be other S things. I have seen dementia caused by food allergy, so it 9 could be a food allergy dementia, I have -- I have not found 10 one yet, but I know that there is dementia caused by 11 deficiency of nutrients. 12 Now, the general medical population would not 13 particularly pay attention to those kinds of dementi as , They 14 would just as soon label it as senile dementia and forget the 15 rest because then their hands have been washed of obligation. 16 It's one of my pet peeves with the medical so -- 17 system. But I do have to admit that going through all those lS steps to properly diagnose you're still left with the very 19 limited scope of what you can do about it. So you may have 20 gone through a lot of steps, time, effort, and expense to come 21 to the same end point. 22 Q So because of the fact that you can't really do 23 much about most of these types of dementias you were talking 24 about, you don't necessarily pursue a vigorous diagnosis of 25 the same? 40 1 A That is true. And it is true the older an 2 individual gets. 3 Q Is it possible that dementias are reversible? 4 A I think that some of them can be, especially if 5 they are related to toxic reactions, But if it's a 6 nutritional deficiency or heavy metal -- for example, 7 Alzheimers is thought to be related to aluminum -- or if it's S a dementia caused by multiple tiny mini strokes that add up 9 over time, there's nothing that can be done for those things. 10 Q But with Mrs. Sheaffer's -. and you never made -- 11 I'll clarify this, You never made a diagnosis of dementia, 12 you simply called it confusion? 13 A That's right. It was called confusion. I did not 14 use the term dementia. 15 Q Without knowing really what caused that confusion, 16 are you not in a position at this point to say that it was 17 temporary, it was reversible, it was maybe not a dementia as lS recognized in the Physicians' Desk Reference or whatever othe 19 manuals that are available? 20 A Would you rephrase that? 21 Q Because you really are not in a position to say 22 what was causing the confusion, you're also not in a position 23 to say that it was permanent, that it was irreversible, that 24 it was anything more than temporary in terms of her confusion? 25 A That's right, J ....,..,.~ ~_I 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 lS 19 20 21 22 23 24 25 41 Q In talking about the brain scan, you had made a statement which I'm still not quite sure of. You said you rarely find what you're not looking for. The converse of that would be you usually find what you are looking for? A Yes. Q If you had done a brain scan would you not have known what you were looking for in her case? A If I would have done a brain scan I would have expected to hear the report of dilated ventricles and perhaps several small infarcts, mini strokes, and overall diminished white matter in the brain consistent with aging. Q So that's something that commonly occurs with aging? A Yes. Q A I knew there was something common about that, Yes, that Q I seem to have some of that myself, A Yes. Q Would you refer, please, to your notes of May 1995? And you said she was here because of a bruise. You sa you thought that happened on Monday evening. What day was she in? A Well, I don't know the date, It was the lOth of May, '95, Let me see if I have a calendar, I don't. I don't have a __ I'm not sure if this is a '95 calendar or not. So j ...- 42 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 lS 19 20 if she was in on -- I really shouldn't answer that. Q Well, okay. Let me just answer that. What day was that in May of '95, the day that she was in? A On this calendar? Q No. On your notes? A On my note was 5/10/95, Q And I assume then -- MS. MACDONALD-MATTHES: Off the record. (A discussion was held off the record.) BY MR. SHULTZ;. Q I would assume that the Monday evening then would have been the eighth. Would that be a correct assumption? A Sounds right to me. Q All right, And she appeared with her son. Does your notes indicate that? A Yes. Q Was he the one who found the bruise? Do you have any indication of that? A I do not know when he noticed it. I don't know that. 21 Q And your notes for that meeting say that her 22 memory was poor, but you don't know the specific questions 23 that you asked her or her answers? 24 A That is correct. 25 Q When Attorney MacDonald asked you whether you 43 1 noticed over the course of your treatment from April of 1994 2 until October -- or I'm sorry -- January of 1995, whether you 3 noticed a decrease in her capacity for reasoning, and you had 4 indicated yes -- 5 A Until January of '96. 6 Q I'm sorry, January of '96? 7 A Yes, I do -- in recalling the case, I do see a S progressive deterioration of mental function, 9 Q But, in fact, that did not occur through the 10 entire course of your treatment; in fact, it only began in, I 11 think, May of 1995 is when you had stated that 12 MS. MACDONALD-MATTHES: Objection. I believe it's 13 been asked and answered, but go ahead and answer. 14 THE DEPONENT: My recollection is that that's the 15 first time that it was noted, not necessarily first time it's 16 been observed. 17 BY MR. SHULTZ: lS Q That's sufficient then. Do you believe on the 19 basis of your observations that Ms. Sheaffer would be 20 incapable of voicing preferences, for example, as to where she 21 might want to go on any given day, whether she'd want to go t 22 the store, what she might want to have for breakfast? 23 A I -- I don't have enough evidence to answer that. 24 Q Fair enough. Miss Sheaffer's currently living 25 with her daughter in Minnesota? ~.~ 44 1 A Urn-hum. 2 Q The setting for her residence at this point is 3 obviously in a home with various family members -- 4 A Urn-hum. 5 Q -- living, being there. Given that type of 6 environment, would it be possible that her condition may 7 improve from a setting where there were no family members, S simply visitors? 9 A I can't argue the question. Yes, it is 10 conceivably possible. 11 Q All right. You are -- are you familiar with the 12 living conditions that she had here in Pennsylvania? 13 A Only that she lived alone. 14 Q So that you are stating then that going from 15 living alone to a situation where there are people around for 16 the most part who she would know and would love would -- coul 17 generate an improvement in her confusion condition? lS MS. MACDONALD-MATTHES: Can we qualify the 19 question? Is it would or -- I don't believe he said would. I 20 don't want there to be could we clarify the question? Are 21 you asking could it change or would it change? 22 MR. SHULTZ: Could, could. 23 MS. MACDONALD-MATTHES: And could it change what? 24 Can we be a little bit more -- her physical condition? Mental 2S condition? What are we referring to? 45 ~ 1 MR. SHULTZ: We're referring to the confusion. I 2 don't think we ever really did put a finger on that. but let's 3 refer to the confusion, 4 THE DEPONENT: If you are limiting your criterion 5 of improvement to her confusional state, again, I would have 6 to ask -- answer the question that conceivably possibly yes, 7 it could, Is it likely? No, But that would also impart that S whoever is living with her was doing all the grocery shopping 9 and that she was getting top notch nutrition, 10 BY MR. SHULTZ: 11 Q Okay, 12 A But we're still looking at the statistical 13 probability. 14 Q But then you have no knowledge of what her diet 0 15 nutrition was previously? You simply said she was living 16 alone? 17 A That's right, She was living by herself and her lS meals were her own responsibility. 19 Q I assume, Dr. Sullivan, that you've been involved 20 with other adjudications of this type. Could you tell us 21 briefly just how many? 22 A Actually this is the first time I've ever been 23 caught up in such a dispute over this kind of an issue to the 24 point where I have been deposed. 25 Q So you've never testified on behalf -- or on 46 ~ 1 behalf of any parties in an incapacity hearing? 2 A Not to this extent. I've given -- I've written 3 letters which were then used in the decision-making process. 4 Q All right, So you've never actually testified? 5 A I've never been deposed like this, no, 6 MR. SHULTZ: I have nothing further, 7 S REDIRECT EXAMINATION 9 10 BY MS, MACDONALD-MATTHES: 11 Q Just a few quick questions. I know you're busy, 12 There was some questions during cross examination as to your 13 notes, Is it your habit to write everything down that you 14 observe about a patient or do you sometimes just make your 15 observations and treat the patient? 16 A It is my habit to write down that which I think is 17 of major significance. There are many times that things are lS observed and reacted to which are not written down. 19 Q The fact that they're not written down does not 20 negate the attention that you pay to it at the time? 21 A That's correct, 22 Q So perhaps if you noted that someone was confused, 23 although it wasn't of a severe nature, you would still 24 nonetheless observe that they were confused, is that what 25 you're saying? y 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 lS 19 20 21 22 23 24 2S 47 A Yes, yes. I could -- theoretically I could make an observation, react to it, and not write it down in the notes. Q Would you say that happens frequently, that things do not get written down in the notes? A Oh, yes, That's a time issue, Q And your concern is treating the patient? A That's right. Q Not necessarily quality of the notes? A I'm here for the patient. I'm not here for the notes. I'm here for the patient. Q Now, the question was asked of you concerning whether or not her confusion was temporary or permanent? A That's correct. Q And you were asked whether or not you -- I think it was put to you that you were not able to make that determination because you had not performed certain evaluations? A That's right, Q Your opinion, though, that you have rendered in this case to date A Yes. Q __ __ is based on what? Is it based on your evaluation of Patricia Sheaffer as well as your experience in the field of family practice and treating? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1S 16 17 18 19 20 21 22 23 24 25 ~4 48 A Yes, that's what I'm basing my .- my opinions on, Q And you did perform, for lack of a better word, would you say a field examination? A Yes. Q And based on your continual treatment and this field evaluation that you did perform on Patricia Sheaffer, this is what you've based your opinion on that she is incapacitated? A Yes, Q And during the course of time that you have occasion have had occasion to treat her -- I just wanted t clarify -- did you know her ability to make decisions? Did she __ was she having difficulty making decisions at any time? A The specific tests for making decisions I don't think was done. The overall global assessment was poor, whic would -- which would, if you did then have a poor global assessment and then went to do the specific decision-making testing, you would -- with a poor -- with a poor global assessment, you would find poor decision making. Q And did patricia Sheaffer have a poor global assessment? A Yes, she had a poor global assessment. Q And in light of that poor global assessment, a mere change in environment, that being her living arrangement, would not correct that ability to make decision? J 49 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 lS 19 20 21 22 23 24 2S MR, SHULTZ: I believe he said it was possible but not -- THE DEPONENT: It is possible. MR, SHULTZ: -- likely, THE DEPONENT: If her nutrition is cared for and other things into that factor, it is conceivable. BY MS. MACDONALD-MATTHES: Q But how likely? A Poor. Q And it is your opinion that she needs someone to care for her person? A Yes. Q As well as for her financial situation? A Yes. MS. MACDONALD-MATTHES: I have nothing further. RECROSS EXAMINATION BY MR. SHULTZ;. Q Just one question relating to what counsel asked you. She said, I believe, it's possible that you could make an observation, react to it in treating the patient, and not make a notation in your notes? A That's correct. Q Your answer was yes, that's possible. Can you sa so 1 with any degree of certainty that you did that in this case? 2 A Oh, I knew Pat very well, And yes, I can say wit 3 certainty that I did that in this case. 4 Q So you saw indications of confusion and didn't 5 necessarily note it? 6 A That's correct. 7 Q But you couldn't specify when you saw those? B A That is correct, 9 MR. SHULTZ: All right. Nothing further. 10 (A discussion was held off the record.) 11 THE DEPONENT: The only other thing that I can 12 offer you in helping you to put this together is that when she 13 came with her records from the hospitalization in Minnesota, 14 they were a fair -- they were fairly complete set of notes. 15 And it ._ in those notes, which I believe dated January '93, 16 there is a note that she had reduced recent memory. Now 17 that's all I have. So even at that time in Minnesota she was lS having memory problems. 19 BY MR. SHULTZ: 20 Q Would you provide us with copies of those? 21 A Sure. 22 MR. SHULTZ: Thanks, 23 MS, MACDONALD-MATTHES: Do you want those attache 24 as exhibit or just copies? 25 MR, SHULTZ: Just copies. J ---- 51 ,,--~\ : '.,-.~...' 1 2 4:33 p.m.) 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 lS 19 20 21 22 23 24 25 (Whereupon, the deposition was concluded at ..',--< v :I ~ I '" C'ondenselt atlached III ~n ~ II" ~ Ih ~ r' , '91111 ~toi.~ .\1: .,~ ~ l~ ~ .1\ ~ '- MX/I)4111 airlll n: atlempllll I ~ ~ HU .H ~ .H ~ '931'1 1.1 ~ 1)oi ;. ~ll ;. , .11 ~ .n ;. ~o ;. M')5111 11 } alleged 111 10 atlendl1l ' 2 hreakfastlll .n: '941"1 '1:2 IJ .2 (,Sill h ;. .\1 2'i.~ 1112 hreathe III 27.:! IlU 12:2 1.1:2 Allergies 111 2~ ;. atlentionl'l nc"! 7111 17 ;. hriefly 111 I\J.;. .14:2 .H:1 2~ ;. .N.;. -1h ;. 2ft ;. 70111 h:! '9511>1 1.1:2 14:2 allergy 1"1 2~ ;. atlorney 111 :!'i:! 4~1 14-2 1":2 17:2 XI I M')4III 292 2~ ;. 2~,2 2(,2 4' , hring 11110 ~ 17:2 17:2 )to;:! 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X:2 29:2 29:2 29:2 pcrmancnt 1'1 411:2 X:2 212 25:2 14:" Rcportcr" I 52:2 30:2 50:2 50-:! -1"-" I 26:2 1h:2 2h:2 rarcly III Ih:2 Rcportcr-Notary 111 '. .!};:2 47:1 In:1 41 :2 says III 4:2 17:2 pcrson 111 1:11 1:11 52:2 52:2 IX:" 11:2 13:2 25:1 practitioncr III n2 rash III 13:2 1):1 reprcscnts III 25:2 SCUbll1 17:1 )4:2 36:2 -19:2 predatc "I IX:2 13:2 requirc III 9:2 pcrsonaIlYI" (1:2 prefcrlll rathcr 1'1 1):2 SCanI'I 16:2 Ih:l 25:2 residcncc III 44:" 1/>:2 16:2 41:2 pctlll 39:2 prefcrenccs III 4):2 311:2 residcncy III 41:2 41 :2 REIII 4:2 I'ctitioncrl1l 1:11 prescriptions 1'1 1:11 5:2 5:2 scans III )7" 1:11 52:2 27:2 27:2 react 1'147:2 41):2 Rcsidcnt III 5:2 schcdulc 141 12:2 l'ctitioncr'sI414:1 prescnt III 35:2 reactcd III 46:2 rcsolving III 4" 29:2 30:2 .12:2 4:1 1.1:2 2.1:2 presidcntl'l reactions III 41U schcdulcd 191 17:2 RESI'ONDENT III ]:" philosophical III pressure" I 9:2 rcallYlI1I 12:2 1:11 11I:2 24:2 21):2 27'2 previously III I 13:2 111:2 20:1 29:2 30:2 .10:2 philosophy 1'1 5:2 45:2 311:2 13:'2 J9:'2 responsc 1'1 l' 30:2 .111:1 2h'2 '26:2 ~f1:2 primarilYlI1 5::! 14111 40:2 -12:2 p., schcduling III 2h:~ printoutl" 51:2 4~'~ responscs 1'1 p 24:~ , , J ARCIIlVE REPORTING SERVICE (717) 234-5922 Index "age 5 Condcnsclt '" school - vision school 141 ..:~ significantly 1'1 ..~ ~ lermcdlll n~ treating 1'1 .17 ~ ~l\~ 1h ~ :!h:! JX:! slatemenll'l 4' ~ terminology III~' ~ .17 ~ ."I.! schools PI 1/1:2 signs 1l11h::! I'I:! slalingl'l ..41 lermsl'l I" treatment 1'1 Ill:! 1/1:2 similarlYI'I 21:1 statisticalI'I .,~::! :!h 2 27 :! n:! II 2 .\012 .1.'2 scopc I' I 31):2 simplcPI Itl:2 slatislically I'I )S ~ 172 172 .\72 ".L! 41\-2 second III 2X:2 19:2 402 trial III ~22 simplYI'I slalistics 1'1 Ih-:! test 1'1 Ih.2 172 tried 1'1 4 ~ sec 1"1 4:2 7.2 3:2 7' 1\:2 1):2 2~:2 .H:2 3h:2 slay 1'1 IX::! 17~ IX2 ilL! trouhlc 1'1 122 11I:2 Ill: 2 II :2 411:2 44:2 4~:2 stcnographcr III 111.':! .12.2 322 11:2 12:2 Ih:2 sislcrl'l 11:2 .1:2 testcdpl n:2 trucPI 40:2 411.2 lId Ill:2 Ih:2 sitl21 25:2 2~:2 stcnotypc I' I ~2:2 )s:2 )S,2 tumofl21 Ih:2 IX::! Is:2 19:2 situatcd I' I stcps 121 )'1:2 .'1):2 tcstificd 141 1:' )s:2 19:2 2X:2 21):2 21:2 stickYI'I 25:2 4:2 4~:2 46:2 21}:2 )):2 J4:2 situationI'I ....:2 tumors 1'1 34:2 41:2 43:2 49:2 still 1'1 20:2 :!1J:2 tcslimony 121 14:2 turn III 15:2 sccinglll skinI'I 33:2 34:2 35:2 52:2 14:2 13:2 )9:2 41:2 45:2 tcstingpl 17:2 twol41 7:2 10'2 sccm 121 s:2 41:2 slOwCrl'1 11:2 4h:2 17:2 -lX:2 Ill::! 34:2 ScnilCl'1 W:2 SmailI'I 41:2 STONESIFER III testSI'I 15:2 Ih:2 two-ycar 121 7:2 scnilitYl'1 14:2 SMITJlI'I 1:1I 1:1I -IX::! 7' scntpl 22:2 23:2 social I' I 2K2 storc I' 143:2 Thank 1'1 24:2 typCI'41'1:2 11:2 12:2 15:2 16:2 scntcnce I' I 14:2 solcl'l s" stovc I' 115:2 Thanks 1'1 511:2 17:2 Is:2 21:2 scparatc 121 s" solclYl'1 5:2 Strcctpl 1:1I thcmsclvcs I' I Is:2 35:2 37:2 37:2 It:! solol'l 5:2 52:2 thcorelically I' I 3X:2 44:2 45:2 scrviccs I' I 5:2 somconc 141 Ih:2 strokc 1'1 31):2 47:2 typCSI'1 3s:2 sct 141 23:2 13:2 22:2 46:2 49:2 strokcs 1'1 3s:2 thcrefore 121 15:2 3s:2 3s:2 3s:2 311:2 ~O:2 somcthing's 1111>:2 411:2 41:2 21:2 )9:2 39:2 sclling 111 22:2 somctimcsIII 41>:2 strongly III 3h:2 TIIOMASIII 1:11 Um'huml61 7:2 44:2 44:2 11I:2 111:2 stuck III 37:2 ,thought 1'1 14:2 22:2 2(,:2 35:2 scvcral PI son 11'1 44:2 44:2 9:2 12:2 \3:2 17:2 studics III 4:2 14:2 14:2 17:2 unavailablc III ):2 11:2 20:2 20:2 1'1:2 19:2 35:2 subdural 1'1 Ih:2 411:2 41:2 34:2 35:2 41:2 3h:2 3h:2 3h:2 submillcd III thoughts III 3" undcrl21 111:2 4" scvcre III 46:2 3h:2 3h:2 30:2 thrcad III 34:2 52:2 Shcaffcr 1201 1:1I 31'1:2 42:2 subscribcd III 52:2 thrcc III 11I:2 undcrgraduatc III subscqucnt II I 11I:2 3" 7" 7:2 sons III 311:2 9:2 211:2 4" 7" 7" ~., soon III 3'1:2 substantial 121 21:2 through 1'1 4:2 undcrlying III 37:2 s" 9:2 10:2 21:2 11:2 Ih:2 211:2 sorry 1101 7" 4" 19:2 24:2 undcrstand 1'1 3:2 7:2 7" 7" such 111 15:2 15:2 37:2 3'1:2 )9:2 3" 9:2 3s:2 23:2 2H:2 30:2 \3:2 32:2 3h:2 45:2 43:2 3s:2 39:2 43:2 47:2 4X:2 37:2 43:2 43:1 suffcredlll Is:2 unfortunalcly III 4X:2 throw III 37:2 Shcaffcr's 161 11:2 Sounds III .p.... sufficicntl2l 311:2 thyroid III 9:2 4" 22:2 22:2 35:2 sourcc 1'1 20:2 43:2 timcsPI 11I:2 uniqucIII 34:2 40:2 43:2 SouthI'I 1:11 Sugaflll 37:2 11:2 311:2 311:2 Univcrsity 111 4:2 shccts II I II :2 52:2 suitably III 25:2 31:2 31:2 4h:2 4" 25:2 shopping III 45:2 Southpointl21 1:11 Sullivan 1'1 1:11 timing III 17:2 unlcsslIl 12:2 show 11111>:2 16:2 52:2 2:2 3" 3" tinYIII 411:2 up 1101 Ill:2 11):2 24:2 SpaccIII 27:2 4" 4" 24:2 today PI 3:2 24:2 2h:2 30:2 45:2 52:2 31:2 35:2 )6:2 showcdlll 9:2 spCakl11 Pl:2 Sullivan's III 4" 20:2 411:2 45:2 showing II I 3s:2 3s:2 2:1 togcthcr III 50:2 1'1:2 spccific 141 suspicionI'I 15:2 up-to-datc III 11:2 2(1:2 Tom 1101 Shultz 11'1 1:11 3s:2 11I:2 USCdlll 6:2 37:2 4" 11:2 24:2 42:2 4s:2 4s:2 11:2 11:2 24:2 242 32:2 spccifically 121 311:2 SWornI'I 3:2 24:2 24:2 31:2 4tl:2 ,p."I 43:2 44:2 45:2 35:2 52:2 32:2 p., 36:2 usinglll 3X:2 45:2 46:2 49:2 spccifics III 17:2 symptom III 211:2 tookI'I 25:2 36:2 usuallll 12:2 49:2 49:2 511:2 spccifYIII 50:2 symptoms III 21:2 top III 45:2 usually 1'1 11I'2 50:2 50:2 511:2 spccch 121 14:2 systcml'l .W:2 topiC1l131:2 Ill::! 11I:2 I':'" siblinglll 11:2 taking 1'1 I'" 111:2 24:2 14:2 11:2 tolallYlI1 It):2 24:2 41 :2 sicklll )1):2 splitlll 5:2 12:2 19::! 19:2 touchcd I'I 2h:2 vacation III sidcl2l 14:2 32:2 spokcPI 27:2 52:2 3:2 12:2 toxic 12139:2 40:2 vacations III sign III 212 15:2 11):2 tcchniqucs 121 27:2 S:2 signcd I' I 27:2 track 1114:2 I"." vaguc II I 211:2 21:2 ss III 52:2 P:" significancc I' I startcd 1'1 s." temporary 141 IX:2 transactions III variation III )s:2 40:2 411:2 47:2 various III "0:2 1:\:2 D:2 29:2 2.l2 ....:2 significant 121 D:2 .14:2 Icnlll Il2 transcript III vcntriclcs III 41 :2 52:2 14:2 statcl61 14:2 IX:2 tcnnl41 2(,:2 27:2 vigorous III )9:2 1'):2 25:2 -'2:2 J7:2 "0:2 treat 1'1 6:2 x." vision 121 22:2 4h:2 4S:2 IS:2 ~ ..f ARClIlVE REPORTING SERVICE (717) 234-5922 Index I'age 6 CondenscU '" visit - yet 18:2 visit t1117:2 7" 12:2 12:2 13:2 20:2 20:2 29:2 29:2 31:2 32:2 ~\ 32:2 32:2 32:2 33:2 H:2 34:2 visitors III 44:2 visits 141 1Il:2 30:2 30:2 30:2 vit8C t41 2: I 4" .. 6:2 25:2 vitamins tll 27,2 voieingtll 43:2 wait 111 7:2 2H:2 waiting III 19:2 walltll 25:2 washed III 39:2 watch t'l t9:2 30:2 watcrlll 27:2 wear III 30:2 WCCk1l14:2 weight 1151 13:2 13:2 15:2 19:2 19:2 20:2 20:2 33:2 34:2 34:2 34:2 34:2 34:2 H:2 35:2 well-being 111 27:2 27:2 whatnot tll 22:2 25:2 WHEREOF tll 52:2 whitetll 41:2 within III 52:2 Without III 40:2 witness III 3:2 52:2 52:2 word t6116:2 25:2 25:2 32:2 3H:2 48:2 words 111 15:2 29:2 worked III 8:2 worlds 1'1 27:2 27:2 worse III 11:2 wriletll12:2 27:2 27:2 33:2 46:2 46:2 47:2 written tlOI 11:2 18:2 31:2 31:2 31:2 37:2 46:2 46:2 46:2 47:2 wrong 1'1 H:2 33:2 wroletll 15:2 year 141 5:2 6:2 17:2 25:2 years (1\7:2 26:2 U yeses tll 3:2 yellll 4:2 12:2 39:2 ARCHIVE REPORTING SERVICE (717) 234-5922 I ndex Page 7 IN REI PATRICIA SMITH SHEAFFER, an alleged incapacitated person, :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTy, : PENNSYLVANIA : :ORPHAN'S COURT DIVISION . . :NO. 21-96-298 ORDER / '1"1;' AND NOW, this' day of April, 1996, upon consideration of the annexed Petition, it is ORDERED, ADJUDGED and DECREED that a Citation be issued, directed to patricia Smith Sheaffer, show cause, if any there may be, why she should not be adjudged an incapacitated person and a temporary guardian of her estate be appointed to specifically deal with the issue of preserving the assets of her estate while she is living with her daughter in Eden Prairie, Minnesota. IT IS FURTHER ORDERED .that a hearing shall be , )1/,1<' ")(1 held on the ,-:))/1 day of Apr~l, 1996 at/- .J / '\, .m. in Courtroom No. 'I , of the Cumberland County Courthouse, Carlisle, Pennsylvania. Said Citation shall be served upon the alleged incapacitated person, patricia Smith Sheaffer, by an adult individual, not a party to the proceedings who shall execute an Affidavit of Service and the same is to be returnable to the Court on the date and time of said hearing. Notice of the Petition and hearing shall be given to Patricia Smith Sheaffer, the alleged incapacitated person as well as Mary Patricia Downing, the alleged incapacitated person's daughter. BY THE COURT: /lL J. 2 '- ...... 0 ~~ - rJ 0 .!!l N q -1)~ a.. ( ; {"j ..J-J.:.i. .t.: '..' '...- ,,- ,.... ,. '~ {.; 0 0- r: \~\ ~~ ~ ,}j 0'("; t,:; O\1l i.J.J ~& ~ ..:e Q)8 a: U IN RE: IN THE COURT OF COMMON PLEAS PATRICIA SMITH : CUMBERLAND CTY, PENNSYLVANIA SHEAFFER, an : alleged . . incapacitated . . person, . ORPHAN I S COURT DIVISION . NO. 21-96-298 CITATION Upon consideration of the annexed Petition for Adjudication of Plenary Guardian, a Citation is directed to: patricia Smith Sheaffer, alleged incapacitated person, to show cause, if any there be, why a plenary guardian should not be appointed over her person and estate. You are commanded to appear on the ,5.'i~ day of t>]{l.~_L, ~ 1996 at (I" . .3t) .l.:L.m. in Courtroom No.if , the time in the Orphan's Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania chosen for a hearing in this matter, at which time this Citation is returnable. WITNESS, Mary C. Lewis, Register of Wills and Clerk of the Orphans' Court Division this /yl{ day of April, 1996. '-." (,../" /f!.. ') ~ /'71 (I 0 (b .' ~'L'-t., {l L. t I 'C n.. Mary . Lewis, Register of/Wi~ s Clerk of the Orphan's Court, Cumberland County, Pennsylvania 2 1913, and is eighty three (83) years of age, and has resided at 106 Locust Way, Carlisle, Cumberland County, pennsylvania for thirty one (31) years. 3. The following persons are, to the best of Petitioner's knowledge, information and belief, the only living next of kin of the alleged incapacitated person: Name & Address Relationship to Alleged Incapacitated Person James Singleton Sheaffer 8036 Pepperwood Drive Grand Blanc, MI 48439 Son Linda Nutter Lands Gap Road Enola, PA 17025 Daughter Mary Downing 8807 Hidden Oaks Drive Eden Prairie, MN 55344 Daughter Thomas Scott Sheaffer 500 Mulberry Drive Mechanicsburg, PA 17055 Son 2 c. Certificates of Deposit: Fulton Bank, No. CD2-711J.6C in the amount of $20,000.00. d. Securities: 150 shares of stock in Nynex, No. NYN187955; 400 shares of stock in PP&L, No. CL232564; 100 shares of stock in AT&T, No. ND72570. e. Pensions: $470.00 per month from pennsylvania State police. f. social Security p~ents: $500.00 per month. g. Various Anti~es: value unknown. 5 6. Petitioner estimates the alleged incapacitated person's monthly income is One Thousand Seven Hundred Three and 03/100 Dollars ($1,703.03) which represents her monthly Social Securi ty benefits, rental income and income from her husband's pension from the pennsylvania State police. 7. The alleged incapacitated person lacks sufficient capacity to make or communicate reasonable decisions concerning her finances as well as her real and personal property due to memory loss and age related dementia. 8. Because of her mental and/or physical condition, the alleged incapacitated person is totally unable manage her financial affairs, property 6 .I I I governmental benefit plans, federal, state and local taxes, claims made or to be made on behalf of her or against her, the execution of documents, entry into contracts affecting her, and the payment of reasonable compensation or costs to provide services for her. 10. Petitioner is aware that the alleged incapacitated person recently executed a new Power of Attorney naming her daughter, Mary patricia Downing, as her Power of Attorney. This new Power of Attorney was executed during the course of time that Mary Patricia Downing, the alleged incapacitated person's daughter, was visiting in Pennsylvania on or about March 26 or March 27, 1996. Shortly after the execution of the Power of Attorney in which the alleged incapacitated person named her daughter as 8 power of Attorney, daughter and the alleged incapacitated person proceeded to the Fulton Bank and the COIl1Illonwealth Bank, where the alleged incapacitated person has her checking and savings accounts. At the special insistence and request of her daughter, the alleged incapacitated person withdrew approximately Eight Thousand and 00/100 Dollars ($8,000.00) from the accounts. After the money had been withdrawn, Mary Patricia Downing, the daughter of the alleged incapacitated person, took the alleged incapacitated person to Minnesota without any prior consultation with the Petition, or other members of the Petitioner's family residing in pennsylvania. 9 11. Peti tioner believes, and therefore avers, that Mary patricia Downing, the alleged incapacitated person's daughter's motives are not pure in that Mary Patricia Downing and her husband are currently experiencing financial difficulties, and that Mary patricia Downing did not consult with Petitioner or any other members of peti tioner' s or the alleged incapacitated person's family prior to her actions or about March 26 or March 27, 1996. In addition, over the past two (2) years, Mary Patricia Downing has taken large sums of cash from her mother, the alleged incapacitated person, for her own personal use and has never repaid her mother for the same. Mary Patricia Downing also took possession of the alleged incapacitated person's when the alleged car incapacitated person was visiting her daughter in 10 Minnesota for Christmas, 1994, and requested that her car be driven out to her. 12. The proposed guardian of the person of the alleged incapacitated person is David Jon McKim Sheaffer, the son of the alleged incapacitated person who resides at 106 Locust Way, Carlisle, Cumberland County, pennsylvania. 13. The proposed guardian of the person is forty two (42) years of age. 14. The proposed guardian of the estate of the alleged incapacitated person is Thomas Scott Sheaffer, the son of the alleged incapacitated person or David Jon McKim Sheaffer. 11 15. The proposed guardians have no interest adverse to the alleged incapacitated person. 16. The consent of the proposed guardians are attached hereto and marked as Exhibit "A". 17. No other Court has ever assumed jurisdiction in any proceedings to determine the capacity of the alleged incapacitated person. 18. No other guardian has been appointed for the estate of the alleged incapacitated person. WHEREFORE, Petitioner respectfully requests that this Honorable Court award a Citation directed to patricia Smith Sheaffer, the alleged incapacitated 12 person, and to such other person's as this Court may direct to show cause why Patricia Smith Sheaffer should not be adjudged a fully incapacitated person and David Jon McKim Sheaffer be appointed guardian of her person and Thomas Scott Sheaffer and/or David Jon McKim Sheaffer be appointed guardians of her estate. Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: !\prill!'. 1996 By: .,'" ',""" ,'""" , .'~- r'~ . '.....'.1 , Paige Macdonald-Matthes, Esq. I.D. #66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attorneys for Petitioner) 13 j\l ; " \ ,), I\"\ , " \ IN RE: PATRICIA SMITH SHEAFFER, : an alleged incapacitated: person, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21-96-298 ORDER AND NOW, this 11' day of April, 1996, upon consideration of the annexed Petition, it is hereby ORDERED that the Temporary Order of Court Appointing Thomas Sheaffer Guardian of the Estate of patricia Smith Sheaffer dated April 15, 1996 shall remain in full force and effect until the hearing on the Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and Person scheduled for May 3, 1996 at 9: 30 a.m. in Courtroom No.4. BY THE COURT: . Ad- J. on :D c r.: ~ ::1 :'OlD .:. r. ,\ ...-: q ~~ , ~ " - ,". f' -..I '.: .0 . ". N . .... '.,1 '0;' ~~ N 2. .s:. Ii Ii ,I I Ii 3. On April 10, 1996, the Honorable Kevin A. Hess executed a Temporary Order whereby Thomas Sheaffer was appointed as Temporary Guardian of the Estate of Patricia smith Sheaffer pending hearing on the Emergency petition which was scheduled for Monday, ApriJ. 1S, 1996 at 9:30 a.m. A true and correct copy of the Order of Court is attached hereto and marked as Exhibit "A". 4. On April 10, 1996, an Order was signed by the Honorable Kevin A. Hess directing the a citation be issued and directed to patricia smith Sheaffer, to show cause, if any there may be, why she should not be adjudged an incapacitated person and a temporary guardian of her estate be appointed to specifically deal with the issue of preserving the assets of her estate. The Order further provided that a hearing shall be held on the 3rd day of May, 1996 at 9:30 a.m. to hear evidence on the Petition for Adjudication of Incapacity and Appointment of Plenary Guardian of the Estate and of Person in Accordance with 20 Pa. C.S. ~5S1l. A true and correct copy of the Court I s Order directing that a citation be issued is attached hereto and marked as Exhibit "B". 2 8. As previously set forth herein, a hearing has been scheduled on the adjudication for plenary guardian of the Estate and Person of Patricia Smith Sheaffer for May 3, 1996 at 9:30 a.m. 9. Petitioner believes, and therefore avers, that it is important the Order of Court dated April 15,1996 appointing him Temporary Guardian of the Estate of Patricia smith Sheaffer remain in full force and effect until the May 3, 1996 hearing in order to safeguard the assets of Patricia smith Sheaffer's estate. 10. The alleged incapacitated person, Patricia smith Sheaffer, continues to reside with her daughter, Mary Downing, in Eden Prairie, Minnesota, the same daughter who caused the alleged incapacitated person to execute a new Power of Attorney and shortly thereafter withdrew Eight Thousand and 00/100 Dollars ($B,OOO.OO) in cash from her mother's bank account at the Fulton Bank, before taking the alleged incapacitated person with her to Minnesota. 4 11. petitioner believes, and therefore avers, that unless this court grants his petition to Extend the Order entered on April 15, 1996, that the assets of the Estate of patricia smith sheaffer may be in jeopardy of further dissipation by designing persons, including but not limited to Mary Downing and her husband with whom the alleged incapacitated person currently resides. 12. By virtue of the court's April 15, 1996 Order, the Temporary Guardian of the Estate of Patricia smith Sheaffer has limited authority, in that he is only permitted to utilize the assets of the Estate of patricia Smith Sheaffer to pay her normal living expenses and bills. 13. Unless this Honorable Court grants this Petition to Extend the Temporary Order until the hearing on May 3, 1996, the Temporary Guardian of the Estate will not be able to continue to make payments on behalf of the alleged incapacitated person, patricia Smith Sheaffer, for her daily living expenses and bills. 5 CERTIFICATE OF SERVICE I, Paige Macdonald-Mattes, Esquire, hereby certify that a true and correct copy of the foregoing Petition to Extend Temporary Order was served by first-class, postage prepaid, on April Jll, 1996 on the following: Scott L. Kelley, Esquire stonesifer & Kelley 209 Broadway Hanover, PA 17331 Gregory L. Lensbower, Esquire Stonesifer & Kelley 209 Broadway Hanover, PA 17331 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Date: Aoril 1~, 1996 By: ~'N' \"",,.f)~(\,,"d.- ^"<lltl,.,<" Paige Macdonald-Matthes, Esquire 1. D. #66266 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6S70 7 " I I I il .. :1 " IN RE: : PATRICIA SMITH SHEAFFER, : an alleged incapacitated: person, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. ~J - Cf'I:, -CJ.9? . . ORDER AND NOW, this 10 day of April, 1996, upon consideration of his Petition for the Appointment of Emergency , Guardian for the Estate of patricia Smith Sheaffer, and in 'I consideration of 20 Pa. C.S. ~SS13, it is hereby I, :: ORDERED that Thomas Sheaffer shall be appointed as temporary guardian of the Estate of patricia smith Sheaffer until such time as a hearing can be scheduled to adjudicate the issue of Patricia Smith Sheaffer's incapacity and corresponding need for appointment of plenary guardian of the estate and person in accordance with 20 Pa. C.S. S5511. !: " , i I " I said hearing shall be scheduled \.1'1.: " :Sl1l~"'g-M~' "r-'l..,.... C71 ')'Y)C">'~ ,u.f-~ is,jq%. 01: ..i,... CR d. 1. n~y- ..v this q;..3-:> Am, BY THE COURT: ISI }Gw"'...... IJ, )./J)"~ J. . -,..,.. " , - . ... '.' ,;' ~.;'." ", ." ;~\:: :!.:1.-.:~ '. ,. '", ,,-:':'..i';. -:;:". "" '-- ~f.tt,.., '8' ,~....L i::5iL -r\r~!...~ .9-}-.l!.'7~~'",,-:;-:- Jr\. , ,I... .".r.,,, _,:l~ri - '. ';' .". ....' ~... .....;.. "0 " _ ....... ..IJ"l II '. -i;? II !' IN RE: : PATRICIA SMITH SHEAFFER, : an alleged incapacitated: person, ORPHAN'S COURT DIVISION NO. ,~ \. ~I ~- ~'i.f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA " " I I I I: ORDER AND NOW, this /0 tl day of April, 1996, upon consideration of the annexed Petition, it is ORDERED, ADJUDGED and DECREED that a citation be issued, directed to Patricia Smith Sheaffer, show cause, if any there may be, why she should not be adjudged an incapacitated person and a temporary guardian of her estate be appointed to specifically deal with the issue of preserving the assets of her estate while she is living with her daughter in Eden Prairie, Minnesota. :i " I: ;i Ii " Ii ,I IT IS FURTHER ORDERED that a hearing shall be held on the .'2.~\ day of ~l, 1996 at Q:~.::: -ti....m. in Courtroom No. d. , of the Cumberland County Courthouse, Carlisle, Pennsylvania. Said Citation shall be served upon the alleged incapacitated person, Patricia Smith Sheaffer, by an adult individual, not a party to the proceedings who shall execute an Affidavit of Service and the same is to be returnable to the Court on the date and time of said hearing. Notice of the Petition and hearing shall be given to Patricia Smith Sheaffer, the alleged incapacitated person as well as Mary patricia Downing, the alleged incapacitated person's daughter. ,. !' !l r II ,I II ., BY THE COURT: i. " ;j 'I I, II ,. I' ;1 I' " '/ .I,S/ I.' /,,'. . ~ {'" ".' J: f/. :;,', J. . -....\...... ." ;,:':h~:-": " .... ~.. '."'1 l( . ---- ~/'" .;- 't:. i ._II.L....I.~ :,.'jf,.l',. '\ 0p:...\. ._.9.k_ -, :"I" b".~\;;. '_~lt - '-:,-_ '. .' ,: . . .... ;~, " 'I ii IN RE: PATRI~IA SMITH SHEAFFER, : an alleged incapacitated: person, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO.:~ \-Cllk - J--7!i' , '! Ii " 'I il I I ! I 1 :1 " CITATION Upon consideration of the annexed Petition for Adjudication of Plenary Guardian, a citation is directed to: patricia Smith Sheaffer, alleged incapacitated person, to show '! ,! :i cause, if any there be, why a plenary guardian should not be appointed over her person and estate. You are commanded to appear on the ~.~ day of ~~, 1996 at q: ;;.., ....fL.m. in Courtroom No.4, the time in the orphan's Court Division of the Court of Common Pleas of Cumberland county, Pennsylvania chosen for a hearing in this matter, at which time this citation is returnable. WITNESS, Mary C. Lewis, Register of Wills and Clerk of the Orphans I Court Division this IOtiL day of April, 1996. I)J(l,-,-~ <:. e.w.,-, e 9~...b Mary d Lewis, Reg star of ill~ Clerk of the Orphan'S Court, Cumberland County, Pennsylvania APR-12-1996 09:00 METRO LEGAL SERVICES 612 332 5215 P.02/03 " STATE OF MINNESOTA COUNTY OF HENNEPIN AFFIDAVIT OF SERVICE METRO LEGAL SERVICES, INC. James Feikema, being duly sworn, on oath says: that on the 11 th day of April, 1996, at 8:15 p.m. (s)he served the attached Petition for the Appointment of Emergency Guardian; Petition for Adjudication of Incapacity; and Order Scheduling Hearing upon Patricia Smith Sheaffer therein named, personally at 8807 Hidden Oaks Drive, Eden Prairie, County of Hennepin, State of Minnesota, by handing to and leaving with Patricia Smith Sheaffer, after reading the contents of the pleadings to her and informing her that it was a competency proceeding, a true and correct copy thereof. ~0fLL Subscribed and Sworn to before me his 12th day of April 199 w_."^........,.,""""""'MM'~. ~Q" " .~HRlST:NE A. FORNElll ..~.!\ ~ . '1; 'I~TI.P.1 ?U8L'C.,.'NNESOTA , ~ ~ R.!,.\\savc()UHTY ~; ~~:...,JI r'lc'__'''I",~'''''J:,.31,:0II0 ~ ~..~~. ,. "...........' ~joM ....."'.......~i..,;,.....w~..,.J.~,,~. Charge $ Re: Sh..ff.r CUNNINGHM.1 & CI-IERNICOFF, P.c. AIIOI(NEYSAI LA\\' The Honorable Kevin A. Hess May 10, 1996 Page Two should you have further questions or concerns with regard to this matter, please do not hesitate to contact me. Very truly yours, CUNNINGHAM & CHERNICOFF, P.C. ~~l '-~~ .~'\cd(i,,~ Paige Macdonald-Matthes PMM/msb Enclosure cc: Thomas M. Shultz, Esquire (via fax - 632-8893) Mr. Thomas Sheaffer Mr. James Sheaffer Mr. David McKim Sheaffer '1 r- \ ", jORDhN D, CUNNINGllhM ROUER], E, CIIERNICOFF DEUORhIIl.. I'hCKEl1 I'hlGE MhCDONhlD.MhITIIES MhRC W, WITZIG EDWIN h,D, SCIIWhR]'Z CUNNINGHAM & CHERNICOFF. P.c. ATTORNEYS AT LAW 232ll NORTH SECOND STREET r.o, BOX 60457 HARRISBURG, PENNSYLVANIA 171ll6.ll457 IIEI15HEY IT:l.F.1'1I0NE (717) 534.2833 IRS NO, 2.1.2274135 HI.EI'1I0NE 1717) 2.1H.657tJ I'hX (717) 23H-lHll'J May 10, 1996 VIA TELECOPIER - 240-6462 The Honorable Kevin A. Hess Cumberland county Courthouse 1 Courthouse Square Carlisle, PA 17013 Re: Estate of Patricia Smith Sheaffer No. 21-96-298 Dear Judge Hess: As per your request, I am enclosing herewith a copy of our proposed Order in regard to the above referenced incapacity proceeding. I have corresponded with Thomas Shultz, Esquire, counsel for Patricia Sheaffer, and provided him with a copy of my proposed Order. Mr. Shultz has indicated to me the changes that he wished to see incorporated and with the exception of one, I have duly incorporated Mr. Shultz's changes in this proposed Order. The area that Mr. Shultz and I disagree on is with regard to the appointment of a guardian for the person of Patricia Smith Sheaffer which is set forth in Paragraph 2 of the proposed Order. As I indicated during the course of the hearing, it is our position that Mrs. Sheaffer is in fact in need of a guardian of the person. I believe that the Court itself noted Mrs. Sheaffer's need for a guardian of her person at the conclusion of the hearing. In order to avoid having the parties have to appear before this Court at a later point in time to have a specific person named as the guardian of the person, it is our position that John McKim Sheaffer, Patricia Sheaffer's youngest son, should be appointed as her guardian. Mr. Sheaffer submitted his Consent along with the Petition which we filed ill this matter and which has been made part of the record in this case. It is my understanding that Mr. Shultz will be corresponding with you independently to let you know of his opposition to the appointment of a guardian of Mrs. Sheaffer's person at this time. As stated earlier herein, it is our position that in the best interest of Mrs. Sheaffer, as well as in the interest of jUdicial economy, a guardian of her person should be named at this time. STATE OF MINNESOTA COUNTY OF HENNEPIN AFFIDAVIT OF SERVICE METRO LEGAL SERVICES, INC. Christopher George, being duly sworn, on oath says: that on the 22nd day of April, 1996, at 7:35 p.m. (s)he served the attached Petition for Adjudication of Incapacity, Order granting a Citation, Citation, and Petition to Extend Temporary Order Appointing Thomas Sheaffer as Guardian of the Estate of Patricia Smith Sheaffer upon Patricia Smith Sheaffer therein named, personally at 8807 Hidden Oaks Drive, Eden Prairie, County of Hennepin, State of Minnesota, by handing to and leaving with Patricia Smith Sheaffer, after reading the pleadings to her and informing her that this is a competency hearing, a true and correct copy thj'reof. !) . "<. I r~} rt t )i,l\fiJ"5{ (16, Subscribed and Sworn to before me this 23rd day of April, 1996. ) ( (~)~~i~~~?~b~iC'-- ... "'w..''V'V'V~'''' ..... ...... "'............. ..............". ~ /.:r.L:S.';~~~;F~~.~~~.~~;~nl ~ '\1,'~~d ',crARYPUBlIC.I.IINNESOTA .! ~..'....,,., 'h .,,~. "I~nhDtr!lJln 312000 "~.'^^~""\''''~. Charge $60.00 Re: Sheaffer . . FROM : TR 1 CORP HeLD trIG SRL TG-tlUFES "1""P\-,JLI-L':J':'t'l~."t:t ",\,.111' FHChE 1:0. JO b5 ~6~07b '13\1, 02 1<:<% 02:%FI1 POI 717 238 4a~9 F.C3/0J ' .' IN REI ESTATE or PATRICIA SMITH SHEAFFER, an alleged inoompet61nt, IN ~HE COURT OF coMMON PLEAS cm16ERLAND COUNTY, PENNSVLVANIA ORPHAN'S COURT DIVISION 110. 21-516-298 \ ~NSF.NT OF PROPOS~D GUhRnIAH ,RoUhAlM ~nMf'".'nJ1'.. Tlf ~ 7'/~B(/ UI//UfS COUNTY OF~V,e~,5 sa.: I, JamGs singleton Sheaff~r, of 8036 pepperwood Drive, Grand Blanc, MiChigan, do hereby certify that I am wl11inq to aot as thG guordian for the Estate of patrioia smith SheaffQr, an olleqed incomp61t$nt, it thQ court shall so ap~oint. l'urt:hlllr, I do horoby certify that I am not a Hduoiary of any Estate in whioh the alloged inoompetent h~s an intoreet, nor have I any interest adverse to the alloQed incompQtent. The facts and opinions oontainod herein arG truQ and correot to the bost or my knowled9~, information and belief. I me$ singleton Sheaffer SUORN and SUbec~ed to Be!orQ mg ~~\I of #-,1096. \)t\~ ____ NOTARY PUBLIC H,S &,.wP/lSSV /5 /.A/ SI/O;M~-/I?'~4J #1t;~.Y . duy Ar/'lfs TeD: X 9j;:!~'A__.2. f~L.I..:.~: .-.. WILlIAM s: EL.leN8e.Q..t;8P-. tis CIT/Z~~ llel PI) BoX 207 L-.ee ,Pe~ P/1 / tJ5>:233 ~ PETlnONER'S I EXHIBIT 'J1~"iV1.. tl,....-I:- JOHN M. SULLIVAN. M.D. SoUTJrPODrT P1to........M4L ornca. 1001 BoUT. U ".VRT 8TaAaT )!aCDlAl<lC1lBU1IO. P.... 170511 171'11 11117.(50110 April 10, 1996 RE: Patricia Sheaffer To Whom It May Concern: Patricia Sheaffer is a patient of mine who has consistently appeared in my office in a very confused state for the past two years. In my opinion, as her physician, she is no longer able to handle routine activities of daily living independently, nor be responsible for financial transactions. In addition. I feel she may be at risk in both the areas of personal health and in jeopardy of being taken advantage of financially. Sincerely, ,,- J7 JIolS/srd ;j PETITIONER'S I EJS~IBIT f/l~ i I I \ IN RE: ESTATE OF PATRICIA SMITH SHEAFFER: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 21-96-298 PETITION TO PERM IT THE SAL_I;, AND/OR REDEMPTION OF THE ASSETS OF PATRICIA SMITH SHEAFFER BY JAMES S. SHEAFFER'-.-GUAROIAN OF THE ESTATE OF PATRICIA SMITH SHEAFFER. TO THE HONORABLE JUDGE KEVIN A. HESS: AND NOW, comes the petitioner, James S. Sheaffer, Guardian of the Estate of Patricia Smith Sheaffer, and hereby files his Petition for Permission to sell or redeem the Assets of the Estate of Patricia Smith Sheaffer and in support thereof, avers as follows: 1. On May 14, 1996, Petitioner was appointed Guardian of the Estate of his mother, Patricia Smith Sheaffer, by Order of this Court. 2. On May 14, 1996, the Order appointed my brother, David Jon McKim Sheaffer, Guardian of the Person of Patricia Smith Sheaffer. 3. The Order requires "prior approval" of the Court. before any assets are sold, otherwise conveyed or dissipated. 4. Petitioner resides at 8036 Pepperwood Drive, Grand Blanc, Michigan. 8. Petitioner has endeavored to secure deposit of all income into the Fulton Fund Account for the exclusive benefit of the Estate and Person of Patricia Smith Sheaffer. 9. During the period from approximately, March 27, 1996 to July 5, 1996 funds from the rental property ($733.03), retirement income and Social Security payments were deposited in or cashed in Minnesota. 10. Eight thousand ($8,000.00) was withdrawn from a bank account at Fulton Bank, in form of a Cashier's Check. 11. Petitioners sister, Mary P. Downing, avers these funds were expended on behalf of Patricia Smith Sheaffer, and further that these funds have been depleted. 12. Petitioner has obtained a copy of a document prepared by Stonesifer and Kelley, Attorneys at Law, 209 Broadway, Hanover, PA, which provides an accounting of the proceeds from the Estate of petitioners aunt, Carolyn E. Smith. (Copy attached marked Exhibit # 1). 13. Petitioner avers that to the best of his knowledge the assets shown as being transferred to the Estate of Patricia Smith Sheaffer were in fact transferred as follows: a. Twenty Thousand Eight Hundred ninety-nine ($20,B99.00) Dollars was applied to discharge a mortgage on 106 Locust Way (copy of discharge attached as Exhibit # 2). b. Twenty Thousand ($20,000.00) Dollars was invested in a Certificate of Deposit at Fulton Bank (a copy is attached and marked Exhibit # 3). 14. At the time of said Order, Patricia Smith Sheaffer was residing at 8807 Hidden Oaks Drive, Eden Prairie, Minnesota, at the residence of her daughter, Mary P. Downing. 15. On July 10, 1996, Patricia Smith Sheaffer was returned to Pennsylvania by Mary P. Downing. 16. With the assistance and consent of David Jon Mckim Sheaffer, arrangements have been made for Patricia Smith Sheaffer to become a resident of the Alzheimer's facility at Country Meadows Living Center in Mechanicsburg, PA. 17. I n order to secure accommodations at "Country Meadows", it was necessary to pay certain fees and to lease the unit. 18. Monthy Rent for the desired unit is Two Thousand Two Hundred Twenty-seven ($2,227.00) Dollars. 19. Petitioner estimates the approximate monthly income to the Estate of Patricia Smith Sheaffer is One Thousand Seven Hundred Three ($1,703.00) Dollars. 20. By deposition in the previous hearing before the Honorable Judge, John Sullivan, MD. expressed his expert opinion concerning the physical and mental capacity of Patricia Smith Sheaffer. 21. Petitioner, together with David Jon McKim Sheaffer, Guardian of the Person of Patricia Smith Sheaffer, and Thomas S. Sheaffer, her son, believe that Patricia Smith Sheaffer will continue to require assistance in living and will not return to her home at 106 Locust Way, Carlisle, Pennsylvania. .t.'500fl...,J'HI . .j \,U ' ~~i;~ \~ COMMONW!AUHO' 'fNNUl"A'UA Dl'AIIM(Nf 0' .(,,(NU( Of" 210001 H"'UIUU.~. '''_"111 0601 DfCIDIN" "4A""1 t\A~'. "'~'. ANU /IoIlOOlf 'N,I.A\I ~hC;lffcr, Pilll'icin S. ~OCIA~ UCUII'" NUMIU 0'"] ~ /5, / <J ..., ,- 7 JOR OATIS 01 OIAIH AnlR 12/31/9 I CHICK HIll INHERITANCE TAX RETURN ~tv:;~U::iDI1ISlLAIMIO 0 RESIDENT DECEDENT IILl HUMBU (TO BE FILED IN DUPLICATE 11)9h-002'HI WITH REGISTER OF WILLS) "" No. 219h-02911 NUMBE" _ _ '-OlJ~TY CODE YE'~ " OIClOft~n COM'~lll ACCIlU I bO-llHI090 5-6-97 CATI 0' 11111" 3- 3 I-I 'j lOb I.ocusl \~ay C;lrliHlc, GlImh~rlnnd - z w '" w u w '" DAn 0' out" CO..III AMOUtH IIlCt'~lO I~H IN~I.ucr.ON~1 I" ..'P\<....II 'Ii..,.......vou\l ,"'...... (,..,I 1""...O"'OOtll"''''''11 nla IbO-18-8090 w - ..:5'" ua:" w",u :z:",,,, ua:-' ",.. '" c [X] 1. O,iginal Relu,n o A. limiled Ellole 0 40. Fulure Inler..' Compromil' Ifor dOl" 01 death after 12.12.821 o 6. Oecedenl Died Tellale 0 7. Oec.denl Maintained a Uving Trull (Attoch copy of Will) IAllach copy of T,ull) ALL CORRESPONDENCE AND CONFIDENTIAL TAX INFORMATION SHOULD BE DIRECTED TO. o 2, Supplemental Return 03, 05 Remainder Return (far dot.. of death p,ior 10 12.13.82) Federal E'lale Tax Relurn Required _ 8. Totol Number of Sof. Oepo';1 B0l.81 NAM( Jordan D. Cunningham, Esquire IUl'MONf NUIolUI COU'LETt MAILING ADD IUS 2320 North Second Street lIarrisburg, l'A 17110 I. Real Ellote (Schedule A) 11) 140.000.00 .~~ ~ ... " .' 19,500.00 ("' -, '. 2, Slocks and Bond, (Schedule B) (2) 3, C1018ly Held SfocUPar1n."hip Inlerell (Schodul. C) 13) 4. Mortgages and Naill Roceiyoble (Schedule 01 I AI %,838.87 5, COlh. Bonk Oepolill & Milcellaneous P.nonal Prop.rty (5) 12,077.50 I z (Schedule E) '" 6. Jointly Owned Property (Schedule F) (bl 6.545.97 \ 5 = 7. Trende" (Schedule GI (Schedule l) (7) ... 274,962.34 0: 8. Tolal Gron Auots Itolollin" 1.7) (B I c I U 9. Funeral Ex~.n"I. Administroti.... Com, MiseellaneouI (91 31,338.72 L w ! a: Exp.nlll ( chedul. HI 10. DobIS. Mortgage liabilities, Li.n, (Schedule I) (101 2.51[,52 I I II. TOlol Deduction, (lotollin.l 9 & 10) (111 33,850.24 I 12, Nel Value of ElIote (lin. 8 minuI line 11) (121 241. II? 10 i 13, Charilable and Governmental Bequo," (Schedule Jl (131 -O- J lA, Nel Value Subject 10 Tax (Une 12 minuI Line 131 (141 24[,112/10 [ 15, Spousal Tralnf,,, (for dollS of deolh after 6.30.94) , See In,truc:tions For A~plicable Percentage on Rov."o (151 X._= Side. (Include ..,alu.. rom Sch.dule K or Schedul. M.) lb, Amaunl of line 10S laxabl. at 6% rote (1bl 241,112.10 . ,Db = 14,466.73 (Include volu" from Schedule K or Schedule M.) 17, Amount of line 14 loaobl. 01 15% rol. (17) x .15 r:: z (Include volu" from Schedul. K or Schedule M.) '" ., 18, Principal lox due (Add toxltom Un.. 15. 16 and 17.) (18) c - 19, Cr.diu Spou,ol Poverty Credil Prior Paymentl => OilCount Inlerlll i '" '" + + (191 i co u I )( 20, If lino 19 is greal.r Ihan line 18. .nrer Ih. difference on line 20. This is the OVERPAYMENT. 1201 "" 0- m O...:r:n~l(>Jl..1&.,.l'..U..(o.l.I'I~'II.I.K..lol"'~':(I':'t"'I'I'I..l'I>JI~'llllcl.1 I 21. IF line 18 ilgreater Ihan line 19, .nler Ih. differ.nce an Lin. 21. Thil i,the TAX DUE. (21) 14,466.73 ! 578.64 I A. Enter the inlerett an ,h. balance due on line 21 A. 121A) . B Enter the total af line 21 and 21 A on line 21 B. Thi, il th. BALANCE DUE. (2181 15,045.37 Make Chuk Payable to: Regist., of Willi, Agen' ,</ .!..... S/' /h...;.IC"-' c'" ACC'l5~ ' .;J3:J ~ ,J " ~ o..:;);~,/ /"?;"','.J,,'.."'{' /,:,,,1 ,u~J I 7/....J /' ,.rf.. / 7/-.... IIV.IIOII" 111111 *' COMMONWeAltH O' rrNNSYlYANI4 INHUITAHCI fAll l,rulN IUIOINr OlcrDeNT SCHEDULE A REAL ESTATE L FILE NUMBER 199-i,--iJ029a ~ P^ No. 2196-0298 .STATI OF Patricia S. Sheaffer 'Property fol.tIYoOw..d with RI,hl.f Sv",'vonhlp ..uot bo dllel.ood o. Sch.dul. FI All ,ool.otot. ohould bo ..pott.d .1 fal, ..ori.t v.l.. which It don..d ..th. p,k. at which p..petty would bo ucha"lod botw... a willi., buy., a.d a wllll.,ooll.., ..'th., bo'., c...pellod Ia Of lOll, both havl., ..alO.ablo klMlwlocl,. of th. ,.Iova.t fado. ITEM NUMBER DESCRIPTION VALUE AT DATE OF DEATH 140,000.00 1. 106 Locust Way. Carlisle, Cumberland County, P^ (See attached appraisal) TOTAL (Alio enter on line 1, Recapitulation) (II more .poce il n..d.el. ins.rt additional ShHfs a/som. siu.) s " .. i .'. ~. '.. ... I Eil '- ~ r ~ l!!: B ~ ~ -. -. ".. ~ a I 5 !~ ~ !"-, t:" - ~. ~ - . ~, !,c ~ ::' Ii- :i:-: ~ ~ - ;.' ~ 'l'" ,~ :... '~ltI":l1 U. '~'ttIJ''''''' . "t~ "'ll"U '. 'jaf'll,.lar.,.,.., 'lu..~ j' -;: F - -"."un. UI.~ . ..\t'1 UI\IUJS,;~ .,'At.", .. 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C' 11ll1U&I. ,.:It.lTf IIlr" 1'Il( 1\I111;f 01 f"ft-Al~'" 'I~' 1'1' '&:1 .' 1~I:nn ", hi .,nalll 1"1 ,r I":) 'lr'.~I~rf ~Q. . I b IIIf~O~',I,"""UIII'III.\O'iP""C'lUI,.J1 l"~J.lr.".../~/'J r.J 1I~;.-,.tI- fJ:_ ---...-:::: '-<../ 1-- '-'- Ci}')1 O~l,~IC" ~ ~a_'M' _ :,,'.:!-C'IJ.1'::1.~~PI. ""~A ,,,,,,,~~''''1Ii ~~)~n __h'~"I"'iII"lI""J':T\IIIr..72 1'"'' ...-- "a~~"..:. __~:A...~~lLC...U.=" . tt..... CA. ".". ",..,.. .~'u' ll~."n'I.A. ~ rot, h.','t" ,,,._'......1... ""'",11..,,&,,,111' ~111'~"~tllt . lI'j~AI[J'I''t''; , 0-'--1' Ij~ J__ I~II.W$' ~i::=:"; ; un l~.n ;,'tUh" >>.1).,",.......-...,,' I.:~ ......_,4f..I". ~ Do,IClrD"I.,. ',' "1\1 .~~~;. ,'. ..,,,,t , "'''''''I\b:l t;.'"",u '.u~"t... ....., . c_"..." Y't"'I"':"'~'''' f.V1WI&:..\.~'" _ ti "M"'''-'':'''' '~ c-..IW' t c.,..tt\l........, tN... ~...-...: Ii"... .'IU" ~~~t1~"u... ,~i::?"<-"'. f :"'1111" . ~~r..~'_ I~l ilJ;I'It','1 11~''''''1I f~, 'l....."l''''''...! 4,;..""."11 . "11ot'''~' IIIIIIea,.tl ,~'flt:""" a'I:\Cr~ \ '~':J'.'IILJ.:'~ . ,.,...u.tll." .t ;lr~1 ''''' .c. j .\ "...,...~ 1;,;., .l.4~"uLl...:' ;:: tIWlN'I:& . I;.cU.'....,s. l.m.I. ~..,;,...' f'.1UW.l1.. In,.,.'"'II ... ''''~-I ~Ilt 1 I"~l U'tU .' I."'U II I '''11''''. ,. 1 'I '."'" ~ ~: .... . , ~I'I "O'l" " ~'"":..,.lllIl ~~J ,.t:n ....... fl...J,IOo,".<I.1I11 .C,'!"", ,,~. Summ.sry I,pprtl'"l R.po" UNt~O~\t Rf!JIOENTIAL APPHAI8~L ,U'POAT .IIAII_ .1 ~~L- C"'_" ., hi' ,I",,,,,,, '''''I Ii, u.u tI tU\ -""UI, .c'H....i...O.""uC.IU!It.L ,... n1" ._. l.tfl '111"1111I\ 1",'11 "ole" ," I....... .. J-'~;I'I ...1LAA-" _~ u"'.' ...~ ",",,'..1 111'1 t. .......,. "~&Ll""". 141111 _' ~ ,~J,.\h&JJ.,.1Jl11L!tWt.LQD....Jir-' A.ltAl12J~' 1!l aO:l L.Jlu.1tl!alR~nr1..1 u:.1I' u"aw1..a ,.1Id J'\fl.'~. 1.2.tlJ ...t~~_~PL..ta~LL.aQn.- , ., ~~.Ju. !..t..tl101.u.....J>..al.JlOJG._l.lla.."':'~ ,"l.l. f..t-... 1"_ ,~::~.&.IkK1;n.n'.u.l., ... ., -1J~~!J~~K.-":".' ~ ...-:-" ........ .1 ---ll:..Ja i--ss~-n,.r 1....'..1 ..~~_iI ." "I"IlII" ., ow '~~l .t 14'''''':''~ ..~.lt' ;~,'"U'iJ''''' I t'''''~''Il'C ~ fOll...~I.I.~ , j t01 IO\ltb coUeIJ'ft lIl. !.:., Shll11b.U. c.'U't 14~C Dracnk1..1 ~\SIt. (,..11'lC-.-__~" J.&__ "."",""_-:;J~~~~ _l~P,,, ~' , ----;n,~~ll:iS~,......... ~ !'.. ,~h 'tic 0' ,'. '.' I ' ..~, " I .. :t~~~:'~W.. ,~ tJ:~"!~~" It t--~ ! tMJI.cc.loa .1I!.l.1 Dat.." 'Kl.~ c.u lappul-Ju'. D.tA. I ~---~,t.L..Il&~. I~nr.~\llitlt.".nr-d. C=c,,~-,....4. I ~,,:U':~. I :u,.,.,~ '.1.,.:!!~0i....:.,..~.. ..11........., ;lICI"'C" ,.111......... t~~:..~~:;~\}~Jlone. ~onV' 'I ;l1cn.. Cen... IUo.lIl\. Con... I ty..,.rfot...,....~.. J.,gO ~.J^" IrlCH I!t .;....--- ~~ ., ~--:- -,. ~ Un/,:o&1 {"'..aed ; .1W.~~.----:.An.t~!lri . :oslIf.-1..... ~l......'.. ~~. ~ .rlMl. Il . '~"l& _' LotLA!" .' '. U. Vlt!:!.lll..:""_ i~!I~CMnl'.1 i~.r.-=~.t ~l~~!lf"l . '~_" lllla....h/r.-n!! ~~/llrl..l'.. ,r'....."Id/1l..'~1II -r~~ ..::;;;.. -::' -;-~\-.;;...... ::::ri.:.....at_r-, .- Il~O~.t4- ~~~ Co?<t ; .~ 'OO'.l_rlndlf~"l ,'II ""... .,. "_ I ~.. . .... """ ".. .". ~. h>eo . Ii" )I.. I, 17 I., ,2 '1 ,'1!. _~.OOOt- 3 " :-;--;;;.- ,.:, ~1 lei \1 " --1..= ~~c H '\ .t: HO "H' h f. :lCc.u !rvll 8ac': ' .....lCOltfO':ll! '1f'\l~1 apt. .Fll)J.tll....._.:: ~ao __-~ti.n~'~ v.r._ ;A'I"ltAQ:- _ ,1'M1rJ.9.G ' i........Q. ,. 'A" I K~1:Jr.r..:=1 IQInt'/r'JI. I .... ~'tJ-.l I.,..,....p.,,~ '-;;;'-~~lUDf''''I'!'I!'1- 1~C~ .1 ,1~a'2 C~u.u~' .., 0'10 i Scmo4Pc.rl ! Dcnftll1 latOh; I POI;h/ht,l" .1.0001' Pott..'l./'.....i.lD, '~...\u 1 ft l1..:'J,pp~ ., PIr"1Dl'~ .1I'l..re..1..NI' f~ to _-J!Qr...t . ",.ft.. ...t..-- I __., ' ~~~ ~,:::::ltt;.;t~~ \!,itO~~;fifii-!WU ., . ,.,~. '::~ :lloW'loi!-il' ...~;J..;;.,.~N;I. '" '20 C;"U'u. '''....'P.I ~__ ...~ &,tJ''''' .....:w'l...... "" r'"'C~t.(IW ..... ~~.ta!l'..... ..~ ..tP\.l...r 1..Jl. . ...... v:l~tf.J-o..aI...:auJ~~I." ."11' AM ..~.. ..11ft ,",SU' ~"'-''''!.'I -:~ : ....._J:'!S~~r"t~... A1~!1~tnO.....tJU ..._ ""~J..hM .It. 0:._;,'.1"1"''- r , , .;;1 ., .4.~'lO Qe.r: J-S:..IlH,.,.CI C:","~fl>O' '" :...,It,.&,a.~I""","'1 I. 1.1 "'.'I...~.. 11.....1 II...'" ."... ... .""UH ...1 IIrnr)' 1I11l!, Inc., 11,<.1'.11., 1.... - IUI jSnow aU :men b!, tbese Jtesent~, THAT DANIEl. P. ~IOUI. .1nd 1.0RI A. ~IOUI., hushand and wi fe, of 1,5 Sanely Court, Hanover, Peonsylvanla, party of the first part, _________________________OBLIGORS, held alul finllly bOllnd IIl1to TH~; ESTATE 01' CAROI.YN E. SmTII, "arty of the second part, _________________________________________________________________________OBI.IGEE, in the sum of NINETY-NINE THOUSAND NINE HUNDRED ($99,900.00) DOI.I.ARS _____nu__ u__u_u_u_u______u_u__u_n____u lawfullllOlll!Y of the Vllite,l Slllt'-B of tllIleriell, to be paid to the said o/JIigee its e;teelllor..,lltlmillistrator.. or as..io"s, to wiliehlJnymellt well ami t,'uly to be matle, we ,10 billd oor heirs, aeeutor.. nmllltlmlllis/rators, nlld el'ery 01 lltelll. firmly by theBe IlreBellts. Sect/cd with our seal. Dnted the 15th ,IllY of Decemher ill the yeclr of our I,orcl aile thousancllline humlreel ninety-three (1993). THE CONDIT/ON OF' TH/S OBLlGtlTION /S SVCII. that if th" saiel oblioors, their heirs. executors or administrator.., or any 0; them. shall allel do well ami tncly pay, or cause to be paiel1Cnto the said obligee. its e:reeutors. admiuistrntor.. or nssiOlls the sum of Ninety- Nine Thousand Nine Hundred ($99,900.00) Dollars, payable as follows: Nonthly payments in the amount of Seven Hundred Thirty-Three and Three Hundredths ($733.03) Dollars. which represents principal and interest at the ratc of eight and zero-tenths (8.0%) per centum, per annum. amortized over a period of thirty (30) years. Said principal balaoce. however. shall be due in full five (5) _ ;t, years from the date hereof. Nonthly payments to commence on the ~ Clay of <.70.hUO".." . 1994. If without the written consent of the Obligee. the Obligors convey che premises or any part thereof or if without the written consent of the Obligee title to the premises or any part thereof becomes vested in any manner in any person. corporation or legal entity, other than the Ohligors herein or any of such Obligors. then this Bond and the accompanying Nortgage shall forthwith become due and payable. In the event of late payments, charges may be assessed as follows: Any payments not made within fifteen (15) days of the due date shall have a late charge of five (5%) percent of each such overdue payment added thereto. withollt CIIlY fraud 01' further delnu; clIld also from tio", to ti"",. nllel nt 1111 times ulltilpaymellt of th" Sllid l.rilleip"1 Sll1ll be IlIade. liS Ilforcsaid, keel' tI,,, lmildillO 1/1I'lItiol/ed ill tI", snid Mortyaoe illsureel to/' the bellefit of tlw marty'toee ,in sOllie yooel 1I/1l1 rclillble fire illslIl'llllec cOlllpallY or elllll/'"nics tiecllscel to trllllsaet bnsiness ill the CoIIIIIIUlllt'I'lIl1h oll''''"lsylucl/lia, in the 1l1!Wllllt of at tenst Ninety-Nine Thousand Nine Hundred ($99,900.00) Dollaru ___________u_u___ a/lll tnkc ont no in..nrallec all Slliel blli/dillY without I/WrlOIIO"" Il/' los.. 11l/Y'IMe dllllse fll/' benefit uf ull/iyec ,nllel if the o/Jliyor s IIcylcet 10 II/'0ClII'e Sill'" lire iIlSII/'ll''''''. or IIerlnit 1/", Iwlicy or ,wlidl.':-: ~r'idmlr.iIlY tlw SlIIUe to 1((11:;(: ucruw:c o{ 7WUaJHlymC1lt 01 Juoc'miul1ls or nllwrrvi:w, obliycc lIIall SCClIl'e 0111/ tll/'" 011/ slIclI/i,'e ill,~IIrollcl' ill 11 ti 01l'1I11t1llll' ,II'Il/ /I", 1'1'1:11I ill III /II' 11I'I'IIIi"lIIs lulid IlIl'I'cfor" I'll ollli(/I'I' slIIIlIlI1' II1"II'd 10 ""'/ I,e: 1',,/"'I'II'd liS II /1Il1'/ of /I,e: 7"'illeillll/ SIIIII III", 11I111 ill till' SIIIIII' 1111I11111'1', IIIUd/II'1' I('illl illlel'l's/ /1/1"'1'011 III tI/I' SIIIIII' I'IItl' liS is 1"IYlllile 1111 till' sIIi// I"illcipal SIIIII; /1111/ ol,/iuor 5 fllr/llal'ol'I""11lt 10 /"IU III1I11,I'e:s III"'flllly IIssrssn/ II",/II'l'ier/I'lI ollllprllpl'l' /11:1 II II 1/'0 ,'i/II III111illSt /III' wellliscs r/I'scril,ed ill till' sIIil/ Morllllllle liS Il'clI liS III1/IIIPfll/ nll/nicil"'/ cll/illls illl'l/ll/illll e/,/II'WS, 1I,lIdllcl' III' lIot rcdllced 10 /i"IIS. f/lr IlI/l'ill(l, sidclflol/lS /1111/ rCI",ir.~ /llcrd/l, SI'II'I'rs. ""'/Il'atl'l' rw/s c1l11l'/1ed "11/11111 1II111lil'ipll/i/y IJ/' .IIll1 III111licil)ll/ III1/lIority; onr/ 111"'" dClllallr/ tllI'l'l'flJ/'e: ollli(/or 5 sllIIlI e.'IIi/,it 10 ollli(/ce I,ro/Jcr ree";/lls for slIch laxes 011I1 IIIl1l1ici/",1 claillls. /1111/ /1",1 if obli(lllrs IIClllcct 10 IJII11 ..IIch lares l/IId mlllliciplll claims, obli- IICC mOlllJaY the Sllllle or oilY pllrl thcreof 11I11/ odd /lIc OIl"'"11t III' IIl11mlllts so luliel, or thc 1I(10rc- [latc /llercof, to said /,,'illei/III/ S/lIII ollel eo/"'I'I tile SlIlIIe 1/'illl ill/crest /lII'I'C/l1I ill /III' IIIllIlIIcr IJro. llielcr/ ill /lIis lImll/; IlIell tI/1' 11IIII1'l' llllli(lotillll to I", ll11ir/, III' clsl' to /Ie III1r/ rl'lII.1i1l ill filII force 1111I/ vil'tllc. Aur/ tile III,'llIer efll/l/iliflll of Ihi.. obli(/II/ioll i.. S/lC/I, tlllll if III .lIll1 lillle dc/llllll s/IIII1/,c 11Iolle ill /lIC PIIll'"I'IIt of tllr pl'illl'i/,al dc"l III' .IIIY iIlS/II/lIIII'II/ tlll'l'eof III' ill/acs/. "" lIellli/iollS /hac- to as IIfOl'l'slIid. ill.. Ihe .'//111'1' of 30 days IIfla .IIIU /1111/11I1'11/ I/lcl'c/lf shall filII /llIc. ,,,. if 'I bl'Cflrh /If III1Y II/hc.. /If 1111' flll'I'IIIIilll/l'II/lditiollS "1' 11Ifllk IIY /lIc sIIiel olllillo,'s. their 'lCil'S, ex- eCII/OI'S, IIdlllilliS/I'atll/'.~ 01' IIS.<;II'~" tI/I'" alld ill S",'/I ells,) tile SlIidlJl'illCi/llll SII11I ..111I11, lit the oplillll of tllC saiel IIbli(II'e it 5 crccIIIII/'S, admi/li..tl'lltol'S or IISSi[lIlS. IJecollle IIl1e, 111111 the IWYlllellt (If Ihc SIIIII/!, with illlcr<',~t 1I11r/ eosls (If ill..,/I'IIIle" dll/! tllcreml, till/I lIr/diliollS liS IIforcsaid, IOIII'/lICI' leilh 'Ill III/CII'I"'Y's cnlllllli....iclII nf firc ]/CI' e/!ll/. 011 tile ..lIid 1,rillci/llIl Slim, besirl/!s cnsts (If slIi/. mllY I,e Clllnl'ccd 1/1111 ,'ecnl'c/'cd lit nIlCC, clIlyt/lillll hercoill COII/lIil/cd to tllc COl/tl'lIry /llcrcof in 11Il1l1llisc 1lOtwitl'Stlllldill/l. A lIel fllrt/lCr, tllC obli[lors do Ilcl'/!by /'IIlPOW"1' 1I11Y uttOI'IICY of 1I11Y enlll.t of rccorcl 01 tllC COllllllllllwellW, of Pellllsyl"ollia 10 fllJPtfll' fm' them ItIld with 01' witllollt II elccllll'a/illll filcd ill their 1/IIII,e 5, to cOl/fes.~ II jllr/Olllel,t or jlld[llllellts in fallaI' of Ihe IIbolle-melltiOl/ed obU(Jce, its exccutors, admillistratol's, or assi(Jlls, IlIIrI II{/oill.qt Daniel P. ~Ioul and Lori A. ~loul. for thc ~ SIIIIl of Ninety-Nine Thousand Nine Hundred ($99,900.00) Dollars witll costs of sllit. clllll'lIe.~, IIlIIIII/torlley'.~ COllllllisSilJII flS forcsllill; 011 wl/ich jUr/Olllcllt or jlld/llllellt,~ aile or 1II0rc cxcclltiollS may isslle fortllwitll ul"m flli/lIl'e 10 comlllywi/h 01111 of the tcrllls IInd cOllditiCJIIS of this bOlld or slIid mortOll(/e. Tllc 1/I1dersiOllecl IIcl'eby fm'el'er l('lIi"es IIlId releases III/ errol's ill ,,"id pl'occcdiu/l'~, 1/Iail'es stay IIf c.tCelllion. thc riollt of il/qllisitiOIl 1111</ e.Ttcllsioll of timc of P"l/- IIICllt, agrees /0 COIII/CIIII/II/ioll 01 anl/lJrOpel'll//clliecl 11/lml I.y virtue of III1Y sllch cxccutiOIl, onll waives 1111 cxcllllltiOlI.. from IeI'll IIl1d sole of 1I11l/ PIn thllt is or hcreofter 11I1111 be exelll d h, I.",. """',~ ~:':~.:~..'::.'''' )i'..!L1~ ..... ~ ..,.....'...','.,'....,..',..'..............,...........,...,\...t~~':.Zo.j;(/~." .................................... ~ )"......................................................................m.......~ -+-' C '" '" .... f-o C\\ .... ::: ;J .. \-; V1 \-; '0 " C\\ " '" ~ '0 :z: " :>- " -' '0 .tJ 0 ~ " '" 0 '" " " I:- ..: .<: u C -' C\\ ::> to- o ,.J 0 .... ::> 0 oJ ~ . To ~ 0.. C ..: f-o -' V1 0 '" oJ ~ .... .... CO ~ '" oJ - '" 0 '" .s ... g "': -' f-o 0:: .0 c' ::::: .... Co.. I." .' II;; I (1 (\1<'1. S'.'r of rennBylYnnh I'" J.y,,/~ . /99J . b,/oft m". c....y./ Yurk IC:-L1 Oll,laiJ.,lar ::Jl..A.... a Notary rubllc I ,At ,,,,J,u;<<ratd o/littr, 1''''lJnol" fJ"l'tartJ nanlel I', tloul .lud I.orl A. Hou1, Nutary Public Coun'y 01 Otl,Ai" "" I... J.y "/ . /9 .Iu/orrm" 5,." dl rile ,,"rim/ShIrl oDiert. /,'''0111211, appro wi InOIl''' '0 tn, (or ,o'i,!adorU, "rOlltn) '0 bt ,I., p,IIOtl .,.laOlt namt .ulJ"rib,J '0 ,A, t.ri,lain In",,,m,n,. and dthoM'l,JRtJ ,lad' rsrcu"rI ,am, for ,la, /''''1'0''' ,h",i" conlain,d. /" ..i'tI,1I wlm,o/. I ""'UII'O ", my Iltlnd and official "a/. 00 ;J t...:!. ~l~~ 1;. "-1 ,~~ ~Il f6t<Ml'tt.L-:.....~ tJ- /~ J:j~ /13;} I Ti", ./Olfiw. . R ... .. ... ~ ~ r. "' t:f\ .., c ~ '" ~ .., ~ . ~, c ~ ~ ... C ..,'" ~ r--.,. c ~ ~ ~ Iv .c 1'l1 u t': ... '" ... " = ~5 0 .., 0 '" u. U' ~ .r. !( Po ~.. ..... ,- "' L.O '" '" ...... .r_ ~~ ., "... i'1 COMMONWEALTH OF PENNSYLVANIA. Coun', of \... RECORDED o. ,hiJ Joyo! A. D. 19_. ire ,h, R,co,d"., o/fie, of "Jid CDutUy. in MorlBaBt Doal V.I, . PORt Cil,tn "nd" my hand and ,ht ,,01 of 'At ,aid offirt. ,ht Jo't abol.t lI',ill,n. R,corJ,t. ",-fJ .Jun \2, 1998 HaltO_O. Amort1z.tlon p-O. I CUllllIIIGllAH " CIlERlIlCOfl", r.c. ~e I!J, 199] to .'"n 1~, 2024 PRErARED 1'01' I JOC Rt IShe.re.r rEAM 130.00 f'P,lIICIr1J. 199900.00 rAYHWT 113).03 AAtE 18.00 rAYHWT fREQUtJlCY rHonthly COHPOUtlOED 112 1I1URt!lT fACTOR 11.006666661 PAl HtllT TOTAL IIITtRtST l'fUlIeU'AI. DALNlCt CUH lilT l>IoTt IlUH81:A rAYHtllT PAYHr.llT rAYHWT LOA" ('EM. yr.AR ('f~R DU:H J.n 1'. 1994 133.03 666.00 61.03 99832.')1 666.00 21.90 Fob 1'. 1994 , 133.03 66S.SS 61.49 9916S.49 I))I.~!.> 21.99 ..., ... 1994 ) 11".03 665.10 61.93 99691.5>6 1996.66 21.81 ",'r ". 1994 . 133.03 664.6!.> 68.38 ')9629.18 2661.31 21.BG "'Y ". 1994 , "133.03 664.19 69.94 99S60.3!o JJ2!o.!oO 21.94 Jun I'. 1994 . 133.0) 663.14 69.30 'H491.0~ 3999.24 21.83 Jul I', 1994 , 133.0) 663.2' 69.16 ')9421.30 46S2.!\.1 21.81 Au. 1'. 1994 8 133.03 ti62.81 10.22 99J!\.I.01 !\.3IS.32 21.90 S'P I', 1994 . 133.03 662.34 "10.69 99280.38 S911.66 21.18 Oct 1'. 1994 10 133.0) 661.81 11.16 9n09.22 6639.53 21.11 'lov ". 1994 II "1)).03 661.)9 11.64 991Jl.S8 1300.92 21.1!.> Dee I'. 1994 12 133.03 660.92 12.11 9906S.41 1961.94 21.13 J.n I. 199!.> 8309.58 J.n I'. 199!.> I) lJ3.03 660.44 12.59 99992.89 312.10 21.12 Feb IS, 1995 .. 133.03 659.95 1).08 99919.80 9n.65 21.10 Hat 15, 1995 I' "133.03 659.41 "13.51 99846.23 1632.11 21.69 Io.pr 15, 199!! l' "133.0) 658.91 14.06 98112.19 2291.09 21.61 Hay!!t, 1995 11 lJ).03 6!l8.48 14.S5 98691.63 2949.51 21.6S Jun IS, 199!> lB 133.03 6S'7.98 l!l.OS 98622.58 J601.SS 21.64 Jul IS, 1995 1. 133.03 6S1.48 n.5>5 985>41.03 426~.04 21.62 Aug 15, 1995 '0 133.03 6S6.98 16.0S 98410.98 4922.02 21.60 S~p IS, 199~ '1 "133.03 6~6.41 16.~6 98394.43 5518.49 21.59 Oct. l!o, 1995 2' '733.03 6!1S.96 11.01 98311.36 6234.45 21.51 !lOY l!o, 199~ 2) 1)3.03 6!o!l.45 "".~8 98239.18 6889.90 21.!J!J Dee 15, 1995 24 "133.03 654.93 18.10 98161.68 7544.84 21.54 J.n I, 1996 1889.43 Jan 15, 1996 2' l)3.03 6S4.41 18.62 98083.06 309.82 21.5:! F~b IS, 1996 ,. 133.03 6!J3.89 19.14 98003.91 963."11 21.50 Har 1~, 1996 21 133.03 6!1J.36 1').61 91924.24 1611.01 Z1.49 Apc 1~, 199ti 2B 133.03 6!o2.83 80.20 91844.04 2269.89 21.41 Hay IS, 199ti 20 133.03 6S2.29 80.14 9.,.,ti3.30 2922.U 21.4!1 Jun 1~, 199ti )0 l)3,03 651.'7ti 81.a 916BZ.03 35'JJ.94 21.43 Jul 15, 1996 31 133.03 651.21 81.8;: 91(i00.21 422~.16 21.41 AU1 1~, 1996 )2 133.03 650,61 82.36 9nl"l.8~ 48"15.82 21.40 Sep 15, 1996 JJ 133.03 650.12 82.91 9104.94 ~5;:5.94 21.38 OCt 15, 1996 " 133.03 649.51 83.46 9'7351.41 61"1!l.!I1 21.36 Uov 15, 1996 " 133.03 649.01 84.02 91261.45 6824.52 21.34 [lee 15, 1996 ). 133.03 648.45 84.58 9ll92.81 1412.91 21.32 J.n I, 1991 "I8U.l~ Jan 15, 1991 J7 133.03 64"1.89 85. 1~ 97091.n 306.70 21.31 Feb 1~, 1991 " 133.03 64'7.32 85."1 91012.01 954.02 21.29 Hac 15, 199'7 ,. 133.03 646.n 86.28 96925.13 1600."" 21.21 Apc 15, 199'7 .0 133.03 646.11 86.86 96838.87 2246.94 21.2~ Hay 15, 1991 41 '733.03 645.59 87.44 961~1.43 2892.53 21.23 Jun 15, 1997 42 133.03 645.01 98.02 96663.41 3531.54 21.21 Jul U, 1991 " 133.03 644.42 88.61 96514.80 4191.96 21.19 Aug IS, 1991 .. 133.03 643.83 89.20 96US.60 4825.80 21.1"1 Sep 15, 1991 " '733.03 643.24 89.'79 96395.81 S469.03 21.15 Oct 1S, 1991 .. 133.03 642.64 90.39 96305.42 6111.67 21.13 Noy 15, 1991 " '733.03 642.04 90.99 96214.42 6153.11 21.11 Doe 1~, 1991 .. 133.03 641.43 91.60 96122.82 1395.14 21.09 Jan I. 199B llJ2.63 Jan 15, 1998 .. 133.03 640.92 92.21 96030.61 303.33 21.01 Feb IS, 1998 '0 133.03 640.20 92.83 959)1.18 90.5) 21.0!> Hac 15, 1998 'I 133.03 639.59 93.4S 958U.34 1583.12 21.03 Apr 15, 1998 " 733.03 63B.96 94.01 95150.21 2222.09 21.01 Hay H, 1998 " 133.03 638.34 94.10 956!:lS.5" 2860.42 20.99 Jun I!>, 1998 " 133.03 631.10 95.33 95560.24 3498.12 20.91 Jul15, 1998 " 133.03 63".01 '5.96 9!:l464.28 4135.19 20.95 ^u,", 15, 1998 ,. 133.03 636.43 96.60 9!136"1.68 41lI.ti2 20.93 Sep 1~, 1998 " 133.03 63!:l.18 91.25 95210.43 540"1.40 20.91 Oet 15, 199B " 133.03 635.14 91.89 95112.54 6042.54 20.89 flav 15, 1998 ,. 133.03 634.48 99.55 950lJ.99 6617.02 ;'0.96 Dee 15, 1998 '0 133.03 633.83 99.20 94914.19 1310.85 ~0.B4 J.n I. 1999 16U.34 Jan 15, 1999 61 133.03 633.1l 99.81 94814.92 299.68 20.82 reb 15, 1999 '2 133.0) 632.S0 100.5) 94114.39 9J2.1l 20.80 Har IS, 1999 OJ 133.03 631.83 101.20 946lJ.19 IS64.00 20.19 Apr 15, 1999 .. 133.03 631.15 101.88 94511.31 2195.16 20.16 Hay a, 1999 ., 133.03 630.48 102.56 9446B.16 2825.63 20.13 Jun 15, 1999 .. 133.03 629."19 103.24 'H365.52 )4S!o.4J 20.11 Jul 15, 1999 ., 133.0) 629.10 I03.~) 94261.!l9 4084.!:o3 ~0.69 Aug IS, 1999 .. 133.03 628.41 104.62 9U!l6.91 4112.94 20.61 Sep 15, 1999 .. 1]3.03 621.11 105.n 940!:o1.65 S340.6S 20.64 Oct 15, 1999 '0 '7)3,03 621.01 106.0~ 9J94!:o.63 5961.66 20.62 IIov 15, 1999 7\ 133.03 626.30 106.1) 93838.91 6593.91 20.60 Dee IS, 1999 " 133.03 625.!:o9 101.44 ')3"131.41 "1219.56 20.!>1 J.n I. 2000 "I!l4S.12 Jan 15, 2000 " "133.03 li24.89 108.1!> 93623.31 ~9!:l.12 20.S~ reb 1!1, 2000 " 133.03 624.16 108.88 93514.44 919.0"1 20.!I) Har IS, 2000 " 133.03 623.43 109.60 93404.84 I!:oO.30 20.!:oO Apr 1!1, 2000 16 133.03 622.10 ttO.33 l)3294.!I1 2166.00 20.48 Hay 15, 2000 " 133.03 621.96 ttt.O'7 9319).44 1181.96 20.4!1 Jun 15, 2000 " '733.03 621.22 tlt. 91 93011.63 3409.19 20.43 Jul 15, 2000 ,. '733.03 620.49 tt2.!:o5 92~!:o9.08 4029.61 ~O.40 Aug 15, 2000 80 lJ3.03 619.13 113.30 9284!:o.1l 4649.39 :0.38 ~.A VI;Jc '-~ BRICKERS AUCTION Buy & Sell on Commission - Complete Sale Service 93 Texaco Rd., Mechanicsburg, PA 11055 166-5185 Personal Property of fd.v.n & ...::::f,fQ f k t:.. Address )'J(P J..c.'&C, T h.Jfl. (-')II PL1<5 Sold At Public Sale S:-19 19q 7 Outstanding '" '" 79<1.'::,1...) rc g: <.,V Cash After Payout Expenses Auctioneer & Clerks Adv. Co~t Property Fee Sale Setup or Help Total Expenses L~C.o.O;:' ci'1 o. ().) ~(gO.(..U 9 'SD"cO qrJJk f~ \~. ~ ~ COMMOHwrAUH 0' 'eNNS'f'''''AHIA INHllllAHCr tAlllTUIH .'SIDIHT DI(IOINT SCHEDULE F JOINTLY.OWNED PROPERTY ISTATE O' Patricia S. Sheaffer fiLE NU/lIBU 1996-00298 PA No. 2196-0298 J.ln/ Ionan/(.I. A. NAME Thomas S. Sheaffer lELAnONSHIP TO DECEDINT ADDRESS 500 Nulberry Drive Nechanicsburg, PA 17055 Son II. C. Joln/ly-ownod proporty. ITEM LmlR DATE : DECD'S I DOLLAR VALUE OF FOR TOTAL VALUE NUMBE' JOINT MADE DESCRIPTION OF PROPERTY TENANT JOINT OF ASSET i 'lto INT. i DECEDENT'S INnREST T. A. 2/25/94 Checking Account , 13 .091. 94 ~0'7. I 6,545.97 I I 112519-23952 , I (See attached Fulton Bank 1 , statement) , , I I I ! 1 I , I : , ; I I TOTAL (Also .nter on line 6. Recapirulationl S 6,545.97 (II mort space ;s ""d.d ins.rl additional sh.." 01 lome .iZt) , i . I' " . . f . E. ; E [ ~ ~ . . . . I J . ~ t . ~ F\dtorl Bank 1057 002:i 9685 Y UNCAsn.n. PC "N$nVAUlA UIS04 I,Ir~CtN'DIC STATEMENT OF ACCOUNTS 2519-23952 STATEMENT PERIOD FROM THROUGH 4-28-~7 5-26-97 0 PAGE 1 OF 1 PATRICIA S SHEAFFER THOMAS S SHEAFFER GUARD JAMES S SHEAFFER GUARD 500 MULBERRY DRIVE I1ECHANICSBURG PA 17055-:1174 5 ENCLOSURES o ~GULAR CHECKING ACCOUNT: 2519-23952 ~;;~r",{ffi~~~~~r~';'~:~:ii:;';:~2~~~"(~~;:~\~ " ".,:-: ~p:R~n ;'~.>,...;::'i':; ::{'~'r~~ ;,'~l,,,',~\-:-~,'.'~"\"".;'lj-''''','''',''.I...,:.l-'''''v ....~. . ~.'. . ". ,:....,....~~,. \.:..\...,:t:i~!~:.:~','::~t~"';":.'l')\":;'......l":l""'" :;'~,.' " .... . I::'.:~ '~':~'" .. .....-;:..,.." :".,:.'.','::< ;',' '.fl'I.{'~.1.:~:....;,...~!:.,.~::...~.'..:....;~l~~:..:.:;,~:.....:I"":~~ I,:';''':':... _ .:',:.: ," '.'.':.~ DE'POS1TS/" CHECKS/-....,...... . t:"~ '.<. .TE ACTIVITY DESCRIPTION REFEREYCE CREUITS DEBITS BALANCE ~~~~~~~~~~~O~>:'Ol~~'79ri4;2~(/~ '.-~"" , " ,;~ 14~ ,'~~~ ':''',:,~ ..~..r{::.~;;:H~~;rtl ;..,~~~..';,.~y~~!~~.~F.,.1,?:,:,.".,';,;..".<.~,:<.'::',. "':':":""""".';. .,.,;'...','.,.....,'~.,'~..0.,~5",..:,'~., ,:. :,... :....,. ,,' '.' . .. ..... ;'g&.\'ffiffi{jwR'~",:"",:" ;'548"; .00504405900' " " ,'.. 75.00 : ' :.F';.' .., -30 CHECK 551 00704704940 9.80 ~B'!"WCHEC~,.."':::l:;f.iF'(..'... t.t,~~.~.:,..o!,r~~~1~4793sno..,. ....,' :.: , .;' '......' : .;21 90, ol.'oUo", ..- : ',".',. '.1~'..O'9'l'.9. 4 ~ ',' f18tt''':'.'Il"'!',''~)'''::''.'"'~''''.IJ,,'~0'!'''''''Q4\11,, ......-:..1.. ...., ,'. . f" " 'Ou ,. '-'." . ~2 ;':. ING.'.B"ALAt'l'CE:~~.''':.,..,,''.-'...'':..,. ' ""..:. "'" ",..,.,;. ,..,.. ,'..'....'..',. ,091.94 f>'-~:;f L:~~~;;~.':::~~:l'i~~.:;[~.~.~~!.4'=~};~.:~:::~:~;:::.r>...~;... "":~'.' :~"~:'.~'~.:CH:E~2::S~AaY.',~, ~ "';>:. '., .:....:...; ~~;~..;; ,~:^:.;I.. ....... :~: i:':::: ;'~~~.j:( ~: ",,'~ -' :: . :,'. ,._'j...,..."."'.~,,'.,-,,.,.'.,..- "... "..:'*' 'lNDICATE:S" SKIP"IN'CRECK NUMBERS', .",. ., ,",' ." , , ' .' ,CHE!:;K.. ~.,..,_.....~ ,.... '" ...'...,.. .."....AMOUNT..., ','.c," ,~,CUECK .~o,...,. '....". '... ,.... .".....,...- 'U~~T. ' .. !~~~~':.~.~:.,:~t?;,S :".~;:,;:-:7~::,~~.~,~i!f;.:~i';}~.L:',,~::...'L ,~.: ..~..:~'~'~.( ;";';" . ~.~:;...!~y r'. '.<..;;'.>~, .",,,. '" 'of~' ...;;,',_'1: . ,>: ;.:~.. '~~.. ~;:i. . r ';.. ~~;<. '.". ,..,....."...~... I:' .otL'.....:.s......:..\.. ....... ,~;". ..'J. ..... ...........'.1' ~- ~.'~ .... .:".," .," '. ',' .... 3..... </. -...,o, . . ',' ...\....... ". ,1 0; ....' . .' " ..."....;;1 ~ .......... .'~..'.',,,, "'0"' .... g' r.o.. . R " .. . ." . .. . ...... . . 551 9:110 ' ~NlJlmEll..0.. ,.C1iECK.:>""1 ..,.. ",' ". "..,'.5,. ,';'. '" 'j:or.u..,AMPUNI. OF CHECKS, .', "'.'",,-, ~22..l2 .. . "'}j-;:!'" .A-.... ..""W '0' ~.. !t-.~'t'\1"" ,.,"' t:,.~. ..... ~ ..{"...:....\'~". '.-'\' .'." · - .... '. .~.~. :., ". ..... - .. ...., ,". ....."...~ I. ~ . "",." ".'.-~ ,; ", ..~.,.... .~',. :. ... . 'I\"'~" ,", ......, .' t~'~';:\~l.~~€i'~t~')}}:i.~~i!.{~~~t;:'.;;.r;:."'~~~:: - ;~.i:, :.' -" -: ~<::.:" ~~. :'~~";':" ;:i ':~~. "~'._. ~:: ~ . ~'~~:" .~. ~ :.,' .... .,;. . ~'.. '.:~ . <~ .:~:' :.'. ::"~'''' ~ ;::.'~.::; ~: ..~:.;-: .:..::'.::: '11.: . RVICE FEEBALANCi'i:NFORMATION FROM 4-28-97 THROUGH 5-26-97 ERAGJ::.,k~l!Ell..BALANCE,. '." ,'" "".13..0,92...3.1,. ,.t\VERAGE,.COJ.LECTED.)lALANCE,: ....-, , .,13.092 .3.1 K1.1'ltJKo';:ti~ER.r~4t.ANOE.;"F~>:' : ';"!];.~.Ien.'J4,:,;\'t;Ilf.I:~1'2 "C.QLl:..EC'IED..BA~c:E~:":''':i~:'':!:3, 09:1'.. 9ft ::.;.._,.~...tI';'~,;"~4~%;-""1t'):.:........,._tl':'....:::':....I.~~,:'...".... ....'... .' .'..,.... ..~,.. ........ """. ..... .'........ E.'i::'!k~}['::;i';~\:Q@&i~:K::,~r';;~>;1;,i;~,~.,~::;:..,;:::' ': ':':~:>:~";'..~'~> ~,;. : .,;,;:. ",;>>.' ::-, ,.-;'/: / ;,;;;:,;: ,::.:: ,::A~;;';;'+,':<:,~,>,,::, . ~{;';-;J!~;~~~~;~:!.!>:~;W0!.tA(,:::)'g,~:,:":,!_,:,,,:,::'<;:.\:,;' ;;:.J::''';': ,;,,:. .,:'.:;, .~:: ':~'~i:'/;;;;> :;~::i:;':\',:.:, ,:..,:, :C. ~~\~~~~l';~ft~~};1~i;'~;lJAJ~~~;:~~;2.'~::~~ ~/-:;;. ;::,l.::~.? :l~~.~:': :~::.' :~i:~";~/':" ';.;.' ~: ~ :1 :.~~. :': '.,.'. " '~:r.. :;? I '.~: .:~ /,;.:,.:, >::;.:":~'~':'.'~> /:~ . -~~,i':~ <:,:.:5.i.j.',. "~: ,:~._.:~~.;:: .... :''':', ~~~~t~'~~'~;Ft~~~~i~?l~~.;:{;}tfg: r~t~:::>~?,~ -t-: :~,:,::: ,~;:{:::..~,:';:::':.' /,:' '::";~;',::}:;"~'. : :~' :. (. ~ :\'.' ,,"',:.,', '.~','.' ,..' J' ,1..... 1.1., ~ .. . ;.:~:,.)'.~:':,{.~,j~".~'..:.;::' f';:-r'!;"~- ...,....~.'. ~"~~~~:r.::ft"'i\?~.t~.. ..:.,-.O'H....l.m.. - ~~..ol..;...:..:.,.:~:.,:....:~ "/~\:,:::. :--~::-...'.::.~q t'.;('''::;-':' . ..,~- j'.... :"d:.'-".'~"!~":'.~;':.".~.,..,t". _'..;l~""',:~. '.:' .:,~....:. .~ ".,,"'.' .\t '';:.::i". t r., -::.' ~ "". ,: '.':' ~.: ",'. .....' '," - . '. .... " '. .....:.:. ..~.... ," ;. ' '.:': :. ,..:; '. ~,...",,~ 'R'.t~&>'lI'O':">~'P{)' OX'" 8" '....._...~..., ..', ....'... .. .....,.. .... .',' . . , . .. LANCASTER PA 17604-48117 TELEPHONE: 800-322-2595 .rv.UIO fl. 11.'1] t, ". . STCJ1E~~~\; __l__ __!lJ,ASf ,PRI!.lr_O~ mJ ,_ __ _ _, -flLftfUMIlER ------- --,.'--,------. 1996-00298 PA No. 2196-0298 COMMONWIALTH 01 ptNNS'fLVANIA IMMI.nANeI TAX lININ ""OINT DKlDlNT ESTAR Of Patricia S. Sheaffer lHlSSCHIDULE MUST III COMPLmD AND fiLED IfTHI ANSWER TO ANY Of THI QUISTlONS ON THI RMISE SIDE Of THI COVER SHIET IS YES. II!M DESCRIPTION Of PROPERTY TOTAL VALUE OECO. DOLLAR VALUE EXCLUSION 140 Of OECEOENT'$ NUMlER ,."",do..... 01110. """"-.",.;, toIaftom};p 10 decodenI. date 01 ".../e,. Of ASSET I';y INTEREST None I TOTAL IAlto ~lIr on lin. 7. RKopitvlotion) 5 (If tnOI'W lpo~ iI rtHd.d. inMrl oddttionol Ih.." 01 lome s;u.) -. , I I . r ; i t r r ~ i t f I . . . . . t @t;ty::a~~:::::;;:~:::':~:" "" STATEMENT OF FUNERAL GOODS AND SERVICES SElECTED Cllal.tllIC cnl, fur thl>>( IlemllMI ''''''' \C'ntra er tlul ,.c f~'lIl(d If.c lIt If';W.ud bf LJ.. 01 b1 a Ulflflfl' or (lltnllon lu ~~ In, .1l1lU. npllltlltlWnlln,llClO," 1'leN ..Itcltlll fllncullh~lll'ln tc"l,Ilrc Cl'Ibl1rwrl '..th ,0" 41ct noc 'rp.-Ol(.' p' 1<<lcll U11~m(nl .: lor the hnlu 01 .' OO\'D L. ~1\'ERS. JR..Su,muo, )1[MWISTJUT \ItCHMKSIlI.'IU rt-.>lN1U""NI.A. 1".11' "1'1,,").1\ ."'1111 11"'11\111"1111 m....tIll.luumu I'IIH Iii pn fnr tfJlttlltlllnJ Vuu dOnol h", 10 p., for t1\lIblWlns d,m! crcnuMII C IlTImcll.I\C bll,ial II.rdwJ,cd 101 <<"IlIIm'''I. tot .11ItlJ1~ln "tI, Om 01 Dn l)t, 1 UtlC ltoll I lu>t cuclllld Il'It ,lllIt III 10<.'\llli'lo.l '~lCn ukClflJ Il'Ic"I~d f~n4Ih(m I'~ 'OUt:! jtlJ a:\nr.:.n, I'll~ IUltlttllltfllS I till'( '~l(1I.tiJ Ildnu"ltlltc Cttt1p' 0' I (Or' villi.' WllrMnt "I (IifIWI c.o~ ,114 k'H(tl Sc:lnlt~ I 'rrtrlt"II~IIIIlIIC ,,,IT.(,,.,, l..n4, l'l,htok IOf :lJflllnllI'lIIIlC (J'" rf1U Illlltw c.1'ln& IlWWI.(n-tICt\f( I uw'&nrl~RJ'"r ~lrTMlU:)f I 1011l'lft ~J" I Ju(r Illh ~"IIII, Illd'r-rnn,lLJtllc "'llll",ullCrbt ."lJ '1&:\1 tIC:o" A Iltr chulr 01 1':111 pt, lIlCl'Illl &r:\01I!\l11l11' re' \Car "tll be l~rr.f\J ,.. tl'.r l.Irt'J~N:Ullr t(Jlll'lllll-U.t.1-dn' trum llX 4.I,r 01 1M 411rclTl I .,~ 'lloO ~""e.r+.Jf.(,.fll Olffer.,( JU ICUt :lc (0'" r"-l D' tl'w f.1'\C'nl I)"W'" III \;',llM IIll.llllll.III"r uIlJCf l~' n"f~M TI'IOlf ;:~l' tN\ >0(1,,<< 10m"' frc,,6111l Ct\t! 'lid Ot~ CII\ts .\n, IGdllt<ltUI ~r\lm Of rnCl~!U~a,'c .Itdtrd :'Ir ItquUld Ihe' IIlI: I1Jtt III 11'1' JVUllItll1 .,U bt (~ .Jrft1 Pl. n ,:nUll J\d IN 'O'II~tU~I" ~ w'kurd 00 ,be titlJl t:_1 "' lDl,nl'lrnl t"llf "'- ,. ~ I Iln. tal -..--~L..IH",.n...... ~....J - , 1.Iln:tl.IIW au'SCIQ: ~Jmc ,dC:lut A, C"AII.GI fOI UI\'lcn UllCTlO; I. "OfU\IO~.u n."Ic.U fff St'rol(clofflOOU~OItf(IOr'Suff I ," ' 1mblltlllnc · ~"rtIPU"""o{'1J; . ~L.." , .';.~.:/ ';;;~ . ., ' " SU..TOTA1. Of ,aOIUSlONA.L 5U\'IC15 1 UttUTll\ A~D UR\"ICU U1tu'f1,(lhltU U1d~f,itcll'::f rlC'Ii'lnstV1"tlOOlVViakrl Cu 01 bCllll~ an4 "rrlm /J. J, I for (llfttnJ ctlemon,ST:PfI ~ l:,cofbctliIlUar.dtcl"'lmkJt MemllruISel.,Ct I:==" Lilc 01 eqll,pmtnt Ind~ . / \LlIJ lot s:n,nldt 5(1'\'1( W(.Hf'_J~ OlhctilK ofllnlrllCt Al'_ .~ . feY- '- SUII,TOT,U Of F,\OUTttsllQl'IPMt!\1' ) -'1.;iO"'OTl\'11QLiltlol[~r ,'c1\I(:e In uwft:t rc:rrwl\l 10 fur-cui HOr:le/) / I~~ . ,~ II~"( (CIII;U Couhl 11 II lual J-JS.f- llmoloWnc Loul hmll.,"u 'onl flo.'" UIIl( Ilonl dI1pe,il'0" Loul lU4ufr<lefiYCIt luul, elt lor plllbUltfl LCuJ Oul oJ lo...n lun~f~fllllO" Al1_ '- :-11 ,M .- '- '- ,- S1.'8,TOTAL Of At:TOJ.IOTt\'IIQl"WENT tOTAL or fl\OnSSIOSAl 5l1l.\'ICU. ",caUTlt! .')It .VTOMOTlH /7/ I .)~9S' tQVI'lU~T~cf'Al~' \j:?tv((f (j;TQ"ld B. CIIAllot !~. ~C1I.L'Ollt llLlcno,-> CII...cAl#,..f{lIJ"U~'."t ,~S \Dmnpt,on' 'JAJ "//'1 ~ J J..... ():t'~ nlhtt'mpuclt J_ IDrnnphOnl A)'_ Olllet hnll CO~UlltC _t/( ,.,,,/ J :v IDut9.p"Oftl P~9 'P ~4u~ - S,trlf'~ (?--:,",..JC :i~'i... ,(.,. 1-..,'/ - $-"'I.I"" ( AcltlO..lcdeernenr''urd,. .~ he,llu \>o01l:ul ' , . e, \ltmUf\ 'olam S 'f1"""doll/.;('~"'!J ,-../ TcmP\ln,ysu.{mUl;ct I~ &lIflllclolh1r\l ,_ ..ur.'t.,......'L"ot.- SUIt OltlClclo1hlnl_, '- '- ,- " C,em,lIIon' 11m ~ . '. IDt~npltnnl OTHU . I- I 1.,,7115 Tout M[aCH.\:'\OlSl SlUCnO C, SPECIAL CH.U,GUz fOf.udln~ol rtmJjl\110 '- (""'1,..1 ,f"nCIII "oeMl IICCClUn; olltmaiM hom .- Ihnenl Home) ItM'>tO:llelun.a1 0llCC1 Crcml\lon '- '- '- .C5_ SlTB.TOTA1 OJ 5PtCIAl CMUGU D, CAl" AllVASCU> .A'.. . I ( ",-" Opcn,nJGr~~~CJAfiQ!/ .~ Ctmtltf't'fquip!!lent I~ leI UIC Ottd I SC"'Plpf' ~oll'n-lonl ' .~ ~cwtpailCt ~Ollcu-Ovt-of.to~n ,I ~ N.lAAJWIf TclcrllOnclft1tsnrnl ,- Allluc... . A .. .1- C1nl,,'-llu OllwnrSJ:"./-rs . 1..iJ..s: hll:!curn 1- (rlllfitC Copln lOf 'hc Death I , II (tfllfiClIC I~ ','"llll"",,,, A i" ,I~ flQ_CUf""'<C ~W~'.u-"~' ~"'Ch"l/ 1.l"4f;~."". 'A N.fr S-'1J.L. ,- '- I- I_ 1- SlIB.Tont Of AOHNCn. 'l"c dUISc !011 lei ~ut ICf"Ct1ltl Obnl"lft~. (lPfe1fJc4W.ld'AIItrllbdr4l1 ltu"b.s.IlPJ D ,.Ii!! SliMMARY 01 CHA.lGU A hOrnllolU1 Srr~,ccl_ rac,llllu Jnd Eq'Jlrmrnt at,d \uIUITlU!l'! Et;",plTl,nt 8 Mu\IlJnd,~ t, 5O"'ftul (IUl~t1 o (.;llhACrtfICU TOUl or ALL SttTIO~S P_\IO AT T1~[ or OK 'flIOR TO AlM:"iG(\tE~n /.J ' IlAlA.'"'Cf DCI .,'\1 I ;.... F""",,' I ... .,-~1 SON ~ !~It IN - .O!MS' I~- ::zw .73.)<( ., JZ" I;d- ~ II .In_h" /tItlefl', Of nrml'Of~ rrt;lIlfcmCI\II hl'e ft~\"ICI1 tr.t purchut of lnf uti e iltllU llUtJ ~b<'l.r 11'lC I~" I'll ttq\llrtl'ltrlll' nrl4lntd bll\I" {Z,It'p:ar .7('E~.///~~ /lU'J"""7 ~CM('" ~MI7A/"MIl .........,. 'COMMON'NEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I. J u: Thomas S. SheaCCer according to I.w, dopos.s auys th.t h. 1s the Executor 01 tho Estat. patr1cla S. Sheaffer late 01 __ }Ilddl_c,s~)( _ '1:.ClW!1sh 1 p______ U'h_ _, , Cumb.rl.nd Cou.ty, pa., d.c....d .,d th.t the within Is .n Inv.ntory m.do by _ Thomas S. Sheaffer _ ' tho said Executor 01 the .ntire estato 01 ,.id d.codent. con.isting 01 all tho pe..onlrop.rty and r..1 ..t.t., uc.pt real .stah ouhid. th. Commonwealth 01 Pennsylvani., and th.t tho figur.. opposihch It.m 01 the Inv.ntory r.pr...nt it', I.r v.lu. u oft~a:: ~.~dont" death. ( ()- ~ ' .~ and sub...lb.d bolor. m., '---'\--.:.;--__> ).:.~ y._JJ~ ) ~ 0 Ii .-) 1" Eututor . Adminlttrltor ....' Thomas S. Sheaffer 500 Mulberry Dr1ve being duly sworn Mechan1csburg, PA 17055 Add"u Date 01 O..th 6th Ooy 1997 Y.., MI!L- Month INSTRUCTIONS I. An Inventory must b. fiI.d within three month. .fter .ppointment 01 p...on.1 r.pr..ent.tiv.. 2. A .upplement inventory must bo filed within thirty days 01 Ji.cov.ry 01 .ddition.1 ....h. 3. Addition.1 ,hoots m.y be .tt.ch.d as to p...onalty or ,ealty 4. See Artiel.IV, Fiduclari.. Act 01 1949. \ >- ~I ..,; .. \ ... W I "' ~ ~ '" ... ~I !i .. w ~ .. D.. u I 0 ::::1 0 .. 0 w '" !-o C '" w I- :J: D.. 11 " ~ Z 0- ..J U. " J u. ..J <( 0 en: "', D.. UJ 0 <( w ", .;. > Z '" '1 - ~I c z 0 c "'I ~, ~ '" Z '" ~I 0 0 '" u -\ z I w <( ...., ~I u D.. .... 'tl \ i c I " .. u - -.: \ 1 I '" 0 .. \.,. .. .0 'tl I .. E ~ l. - ~ I .. U u: " -' COMMONW[AlTIl OF p[tmSVlVANIA DtPARTMnH or n[V[flU[ BUREAU OF INDIYIOUAC TAXES OfPT 260601 HARRl5UUUG. PA 11128.0601 PENNSYLVANIA INHERITANCE AND ESTATE TAX OFFICIAL RECEIPT '*'~ , ~ .. . NO. AA 296654 IlEY'1l6m ,,'961 RECEIVED FROM: I ACN ASSESSMENT CONTROL NUMBER AMOUNT I I '1 I CUNNINGHAM JORDAN D 10: 1>3.000.00 , I t I. I t ! I ! I 2320 N SECOND STREET HARRISBURG. PA 17110 fOlOH[R[ fOLD IlERE - " ESTATE INFORMATION: FilE NUMBER _a1-=-1~oaJil8 NAME OF DECEDENT ILAST) ---Sl-lEt\ DATE OF PA.YMENT 5SN 160-18-6090 (FIRST) IMH _9../...1.5.4...998 POSTMARK DATE 0'00/0000 COUNTY TOTAL AMOUNT PAID $3.000.00 -ClJl!lBEnkAND DATE OF DEATH 51< REMARKS JORDAN D CUNNINGHAM RECEIVED BY I:, , , . SEAiCHECKl! 165 MARY C. LEWIS REGiSTER OF WILLS '/,' / rIECi!~-;;TLH (if- /.'ilj.~~ .,--- . _- -p.........J:<I....... 4), '........~:. -, . STONE LAFAVER 1\ STONE (717)774-7435 Please mail II paid receipt tn .Inrelall Cunningham in the cncloHl!d (!Ilvelnpl'. Thank You. Slnc~relYt ';;-/71' / Stone, I...Fu'v'l.:'r II SheklelHkl , ~ ; J . ' -~ - ._. ....~~..JIll.~ .4-7"-" 1:. ,-- .--.....-. -~- .-..- I LAW OFFICES OF STONE LAFAVER & STONE 4,4 BRIDGE STREET POST OFFICE BOX E NEW CUMBERLANO, PA. 17070 -/~"<". (/ ~"I'"" . ... ..1 . I - Ii I, "',' . j , --"."./ .,.......<:~ ..~".....r'i'11'~..: '.1' ..r(~: n~'J l11 ,I'." ,.; REGISTER OF WILLS CUHBERLAND CO COURT HOUSE CARLISLE, PA 17013 ~. " I ::1 -' .... ...__.~ . .....-~ -...-- - .... . -.--' .'~'. ....__u _.0 .___...-_ i1ei=3-'!>'3'12 iS2 1".111.,.111,...,.11"11.,.11...11.1.1,,,.1.111..1,,,1111...1 .....~. .->-......., .-.~. "" .., .-... ---. ..... ---'-" -y'."""'-.--'- '. ......-_.. -,,-- , ,r--- ,.\ , t " ,l . ....J ~", .." t, · ; " w \ , . ' 'a. ~ f .; ~ .1 . t .~.. " I.'.; t' ... . , I " " .;. ."":1 . ,I J ~ . " '. -, ~. i \, ~, :< . .,.f ..---. ---- ..~-! ................. . . t.. - " f::""'"f' y f '. ~:;II. COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE BUREAU DF INDIVIDUAL TAXES IHlI[R!TAHC[ TAX DIVISION U[PT. :80601 IIA5fRlSBURC. PI. 17128'0601 NOTICE OF INHERITANCE TAX APPRAISEHEHT, ALLOWANCE DR DISALLOWANCE OF DEDUCTIONS AND ASSESSHEHT OF TAX // DATE ESTATE OF DATE OF DEATH FILE NUMBER COUNTY ACN 11-16-1998 SHEAFFER 05-06-1997 21 96-0298 CUMBERLAND 101 JORDAN 2320 N HBG D CUNNINGHAM ESQ 2ND ST Amount Remitted PA 17110 *' 'n.I~ll1l" 1""'1 PATRICIA S I') ,- ': ,) (,( ,0( 'J' .. MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE __ RETAIN LOWER PORTION FOR YOUR RECORDS ~ RW=i!;'{'-i-Eif-"iip--filF97Y-iioricniF-YtiHERii'ANcE"i'-"x-iippRAisEHEii'i'-;-,\I.i"OWANCE-oii----------------- DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX PATRICIA S FILE NO. 21 96-0298 ACN 101 If an assessment was issued previously, lines 14, IS and/or 16, 17 and 15 reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Allount of Line 14 at Spousal rat. US) 16. Anount of Line 14 taxable at Line.l/Class A rate (16) 17. Amount of line 14 taxable at CollaterallClass 8 rat. (17) 18. Principal Tax Du. ESTATE OF SHEAFFER TAX RETURN WAS: I I X) CHANGED SEE ) ACCEPTED AS FILED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. R..l Est.t. (Schedule A) 2. Stocks and Bonds ISchodul. B) 3. Closely Held stock/Partnership Interest (Schedule C) 4. Hartg.gas/Notes Receivable (Schedule DJ S. Cash/Bank Deposits/Hisc. Personal Property (Schedule E) 6. Jointly Owned P~ope~ty (Schedule F) 7. T~ansfe~s (Schedule G) 8. Total Assets (1) (2) 131 (4) IS) 161 (7) 140,000,00 19.500,00 ,00 96,838,87 12.077,50 6,545,97 ,00 181 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Fune~.l Expenses/Ada. Costs/Hisc. Expenses (Schedule H) 10. Debts/Ho~tgag. Liabilities/Liens ISchedule X) 11. Total Deductions 12. Het Value of Tax Return 13. Cha~it.ble/Gov.~nnental Bequests; Non-elected 9113 T~usts ISchedule ~) 14. Net V.lue of Est.te Subject to Tax 191 1101 29.505.44 2 .511 ,52 1111 1121 1131 1141 NOTE: .00 X .00. 242.945.38 X.06. .00 X .15. I1B) TAX CREDITS: PAVHEHT DATE 09-15-1998 DISCOUHT I.) INTEREST/PEH PAID 1-) .00 RECEIPT HUHBER AA296654 AHOUHT PAID 3,000,00 INTEREST IS CHARGED THROUGH 12-01-1998 AT THE RATES APPLICABLE AS OUTLINED ON THE REVERSE SIDE OF THIS FORM TOTAL TAX CREDIT BALANCE OF TAX DUE L , INTEREST AND PEN. TOTAL DUE DATE 11-16-1998 ATTACHED NOTICE HOTE: To insu~e prope~ c~.dit to you~ account, subait the upper po~tlon of this form with your tax pay"ent. 274.962.34 37,016 '16 242,945.38 .00 242.945.38 will .00 14,576,72 .00 14.576.72 3,000.00 11.576.72 1. 015 .88 12.592,60 . IF PAID AFTER DATE INDICATED. SEE REVER5E FOR CALCULATION OF ADDITIONAL INTERE5T. I IF TOTAL DUE IS LES5 THAN $1. NO PAYHENT IS REQUIRED, IF TOTAL DUE IS REFLECTED AS A "CREDIT" ICRI, YOU HAY BE DUE A REFUND. SEE REVERSE SIDE or THIS FORM FOP IN$TRUCTICN~. ) IS ". 10[';.. COHHONWEALTH OF PENNSVLVANIA DEPARTHENT OF REVENUE ~ BUREAU OF INDIVIDUAL TAXES lNUlRI1AHCl tAlt DIVISION DlPt. :".80&01 UARRtSa1JRC. flA 171;"6-0(,01 NOTICE or INItERITANCE TAX APPRAISEHENT, ALLOWANCE OR DISALLOWANCE or DEDUCTIONS AND ASSESSH[HT or TAX .., Ihlll'" "'''1 JORDAN D CUNNINGHAH ESQ 2320 N 2ND ST HBG PA;I7110 " DATE ESTATE OF DATE OF DEATH FILE NUHBER COUNTY ACN 11-16-1998 SHEAFFER 05-06-1997 21 96-0298 CUHBERLAND 101 PATRICIA S Allount R...t tied HAKE CHECK PAVABLE AND REHIT PAVHENT TO: REGISTER OF WILLS CUHBERLAND CO COURT HOUSE CARLISLE. PA 17013 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS ~ ifEv:i54i-EX-Aj:p-fiiij:97rNoTicE-Oi=-YNHERirAN'cE-TAx-i\PPRi\iSEHENT-,--ALL'OWAN'CE-OR'----------------- DISALLOWANCE OF DEDUCTIONS AND ASSESSHENT OF TAX PATRICIA S FILE NO. 21 96-0298 ACN 101 ESTATE OF SHEAFFER DATE 11-16-1998 ATTACHED NOTICE TAX RETURN WAS: I ) ACCEPTED AS FILED I X) CItANGED SEE RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) 2. stocks and Bonds (Schedule 0) 3. Closely Held stock/Partnership Interest (Schedule C) 4. HortgagBs/Hotes Receivable (Schedule DJ S. Cash/Bank Deposits/Hise. Personal Property (Schedule E) 6. JointlY Owned Property (Schedule f) 7. Transfers (Schedule G) 8. Total Assets NOTE: To insure proper credit to your account, sub"it the upper portion of this for~ with you~ tax p.y~ent. 140,000,00 19,500,00 ,00 96,838,87 12,071,50 6,545,97 ,00 18) ll) (2) 131 14) 151 161 171 274.962.34 APPROVED DEDUCTIONS AND EXEHPTIONS: 9. Funeral Expenses/Ad~. Costs/Hisc. Expenses (Schedule H) 10. Debts/Hortgage Liabilities/Liens (Schedule X) 11. Total Deductions 12. Net Value of Tax Return 13. Charitable/Govern~ental Bequests; Non-elected 9113 Trusts 14. Net Value of Estate Subject to Tax 29.505.44 2.511,52 Ill) (12) (13) (14) 3?,OH q6 242.945.38 .00 242.945.38 will 19) 1l0) (Schedule J) If an assessment was issued previouslY, lines 14, 15 and/or 16, 17 and 18 reflect figures that include the total of ALL returns assessed to date. ASSESSHENT OF TAX: 15. A~ount of Line 14 at Spousal rate (15) 1&. A~ount of Line 14 taxable at Lineal/Class A rate (16) 17. A~ount of Line 14 taxable at Collatural/Class 8 rate (17J 18. Principal Tax Dua NOTE: .00 X .00= 242.945.38 X .06= .00 X .15= (18) .00 14.576.72 .00 14.576.72 TAX CREDITS: PAYHENT DATE 09-15-1998 DISCOUNT 1+1 INTEREST/PEN PAID 1-) .00 AHOUNT PAID 3.000,00 RECEIPT NUHBER AA296654 INTEREST IS CHARGED THROUGH 12-01-1998 AT THE RATES APPLICABLE AS OUTLINED ON THE REVERSE SIDE OF THIS FORM TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST AND PEN. TOTAL DUE 3.000.00 11,576.72 1,015,88 12.592,60 . IF PAID AFTER DATE INDICATED. SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST. I IF TOTAL DUE IS LESS TitAN $1. NO PAYHENT IS REQUIRED, IF TOTAL DUE IS REFLECTED AS A "CREDIT" ICRI. YOU HAY BE DUE A REFUND. SEE REVERSE SIDE OF TItIS FORH FOR INSTRUCTIONS.) RESERVATION: Estates of decedents dying on or before Dece~er 12, 1982 -- If any future Interest In the e.tete Is trensferred In possession or enJoy.ent to Class B (colleterell beneflclarle. of the dec.dent after the eMPlratlon of any estet. for Ilf. or for years, the Co.eonv.alth her.by eMpres.ly r...rves the right to eppralse and es.ess transfe;- Inherltanc. Ta.es at the lawful Class B Icollaterall rate on any such future Intere.t. PURPOSE Of HOTICE: To fulfill the r.qulr..ent. of SectIon 2140 of the Inheritance and Estate Tax Act, Act 21 of 199~. (72 P.S. Section 9140). PAYMENT: Detach the top portion of this Notlc. and sub.lt with your pay.ent to the R.glstor of VIII. prInted on the r.verse .Ide. --teake check or .oo.y ord.r payable to: REGISTER OF' MILLS" AGENT REFUND (CR): A refund of a tax credIt, which was not requ.sted on the Tax Return, .ay b. requested by ~o.pleting an RAppllcatlon for R.fund of Pennsylvania Inheritance .nd E.t.te T.xR (REY-1313). Applications are .vallable .t the Office of the Reglst.r of Wills, any of the 23 R.v.nue DI.trlct Offices, or by calling the spe~lal 24-hour answ.rlng ..rvlc. nuaber. for for.s ordering: In Penn.ylvanla 1-800-36l-20S0, outside ?nn.ylvanla and within local Harrisburg ar.a (717) 787-8094, TOOl (7171 772-2252 (He.rlng I.palred Only). OBJECTIONS: Any party In Intere.t not satl.fl.d with the .pprals...nt, allowance or dls.llowancq of deductions, or a...ss.ent of tax (Including discount or Intere.tl as shown on this Notice aust Object within sixty (60) days of rec.lpt of thll Notice by: AllIUM ISTRA liVE CORRECTIONS: -.wrltt.n prot.st to the PA Oepart.ent of Revenu., Board of Appeals, Dept. 28102), HarriSburg, PA 17128-1021, OR --el.ctlon to have the .att.r d.ter.ln.d at audit of the account of the personal r.presentatlve, OR .-.pp.al to the Orphan.' Court. Factual error. dlscov.red on this asse.s..nt should b. addressed In writing to: PA Depart.ent of Revenue, Bureau of Individual Tax.s, ATT": Post Ass.ss..nt Review Unit, Oept. 280601, ~rrl'burg, PA 17128-0601 Phone (717) 787-6505. S.. page 5 of the booklet Rlnstructlons for Inh.rltance Tax R.turn for a Re.ld.nt DecedentR (REV-1501) for an .xplanatlon of ad.lnlstratlvelY corr.ctable .rrors. OISCOllfT: If any tax due I. p.ld within thr.. (3) c.l.ndar .onths aft.r the deced.nt's death, . five perc.nt (5~) discount of the tax paid I. .110w.d. PENAL TV: The 15X tax aene.ty non-participation penalty I, co.puted on the tot.1 of the tax .nd Interest .s.....d, end not paid b.fore January 18, 1996, the flr.t day after the .nd of the tax a.nasty p.rlod. This non-participation penalty Is app.alabl. In the .a.. .annor and In the the s... tl.. p.rlOd as you would appeal the tax .nd Int. rest that has be.n assessed as Indicated on this notice. INTEREST: Intere.t I' charg.d beginning with first day of delinquency, or nine (9) .onths and one (I) day fro. the date of d.ath, to the d.te of pay..nt. Taxes whIch b.ca.. delinquent before January I, 1982 bear Interest .t the rat. of .Ix (6Z) p.rc.nt per annue calculated .t a dally r.te of .000164. All toxes which b.ca.e delinquent on and after January 1, 1982 will b.ar Interest at . r.te which will vary fro. calendar year to c.lendar year with that rate announced by the PA Depart..nt of Revenu.. The applicable Interest r.t.s for 1982 through 1998 are: !!!r Int.r..t Rate Dally tnt.rest Factor !!!r Interest Rllte Dlllly lnter.st Fllctor 1982 20Z .OOOSU 1987 .~ .0002~7 198] 16~ .000438 1988-1991 llZ .000301 1984 11~ .000301 199Z .~ .000147 1985 13;( .000356 1993-1994 n ,000191 1986 lOX ,000274 1995-19Q8 .~ ,000247 uInterest I. calculat.d .s follows: INTEREST = BALANCE OF TAX UNPAID X NUnBER DF DAYS DELINQUENT X DAILY INTEREST FACTOR --Any Notice I.sued .fter the tax baco.es delinquent will reflect an Int.r.st calculation to flft.en (IS) days beyond the date of the alles...nt. If pay..nt Is .ade after the Jnt.rest co.putatlon date .hown on the Notice, additional lnt.r.,t aust b. c.lculated. PAYHENT: Detach the top portion of this Notice end .ubIIlt ..lth your pay..,t .ade payable to the Me. and addre.. printed on the rever.e .Ide. If RESlDEHT DECEDENT eaka check or ~y order plly.ble to: REGISTER OF WILLS, AGENT. If NOH-RESIDENT DECEDENT lIIIka check or eoney order payabl. to: COHHONWEAL TH OF PENNSYLVANIA. REF1IID (CR): A nflnt of a tax credit, which .... not request.d on the Tell R.turn, ..y be requelted by coepl.Ung en -Applic.tion for R.fund of Pennsylvania Jnheritanc. end E.t.te T.ll- IREV-1313). Applic.tlon. IIr. .vailable at the Office of the Regl.tar of NIll., eny of the 23 Revenue DI.trlct Offlc.. or 'roe the Depert-.nt'. Z~.hour en.wring .ervlce nueber. for for.. ord.rlng: In Pennlylvanlll 1-800-362-Z050, outsld. penn.ylvanla ~ ..I thin local Harrl.burg are. (717) 787.8094, TOO. 1.800.~~7.30Z0 IS.rvic. for taxp.y.r. ..Ith special hearing end .peaklng need.). REPLV TO: Que.tlon. reg.rdlng errors contained on this notice lhould be addre...d to: PA D.p.rt...,t of R.venue# Bunau of Jndlvldual Tax,l, ATTN: Po.t A.I.....nt R.vl... unit, Dept. 280601, Harrl.burg, PA 17J28.0601, phone (717) 787-6505. DISCOIMT : If eny tax due i. p.ld ..I thin thr.. (3) calend.r .onth. after the d.cedent.. death, a flv. ~rcent 15%) dl.count of the tax paid I. allowed. PENALTY: The 15% tax .--.ty non.partlclp.Uon pen. I ty Is coeput.d an thl total of tIM tax and Int.rut ......ed, and not p.ld before January 18, 1996, the flr.t d.y after the end of the tax lIene.ty period. INTEREST: Intere.t Is charged beginning ..lth flr.t day of dellnquoncy, or nine (9) lanth. end one III day frOll tho date of death, to the date of pav-ont. Tax.. ..hlch bee... delinquent before January 1, 198Z bear Int.r..t .t the rete of .Ix (6%) porcent per annue celculated et . dally rat. of .000164. All t.x.. which b.c... d.llnquent on end aft.r January 1, 198Z will be.r Int.r..t at . r.t. which will vary 'rOll cal.ndar year to calendar y..r ..Ith that rat. ennounced by the PA O.part..nt of R.venue. The appllcable Int.nst tatu for 1982 through 1999 arel V.ar lnt.t..t Rat. Dally Jntore.t Factor V.ar lntornt Rat. Oally lnt.t'lt Factor 1982 2'~ .000548 1988.1991 Uie .000301 1983 16~ .000438 .992 9~ .00D2lt7 1,,64 1I~ .000301 1993.199~ T.< .000192 1965 13~ .00D356 1995.1998 9~ .0002'" 1986 1'~ .000Z74 1999 n .000192 1987 9~ .000Z~7 nJnt.rut I. calculatacf a. follow.: INTEREST = BALANCE OF TAX UNPAID X NUNBER OF DAYS DELINQUENT X DAILY INTEREST FACTOR _.Any Notlc. I..uod aft.t the tax becOle. d.llnquent ..111 r.fl.ct an Int.r..t calcul.tlon to fifteen liS) d.y. beyond the det. of the .....saont. If pay..nt Is .ado aft.r the Int.r..t CDllPUt.Uon det. .hown on tt. Hotlce, eddltl~l Int.re.t .u.t be c.lculated. . ,ct)OC1 0 3 1~91 JRDlJune 30, 19921178~8 lnRe: Estateof Patricia S. Sheaffer Late of Middlesex Township ORPHANS' COURT DIVISION, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY rENNSYL V ANI A Estate No.: 21 - 96 - 298 No, NonCE OF FAILURE TO F1LE CERTIFICATION AND REQUEST TO CONDUer A HEARING pURSUANT TO RULE S.6(e), SUPREME COURT ORPHANS' COURT RULE Personal Representative: Thomas S. Sheaffer Counsel for Personal Representative: Jordan D. Cunningham Date of Grant of Original Letters: May 29, 1 997 Date of Delinquency Notice: September 15, 1997 The undersigned. Mary C, Lewis, Register of Wills, in accordance with Rule 5.6. Supreme Court Orphans' Court Rules. hereby notifies the Orphans' Court Divi~ion. Court of Common Pleas of Cumberland County. that neither the above named personal representative nor the above named counsel for the personal representative have filed with the Register of Wills or Clerk of the Orphans' Court his. her or its certification required by Rule 5,6(d). Supreme Court Orphans' Court Rule and that the requisite notice, pursuant to Rule 5,6(e), Supreme Court Orphans' Court Rules, was given by the Register of Wills on <;ppt 1 ~ , . 1991. and that the ten (10) day notice to file the certification has expired. Accordingly, in accordance with Rule 5.6(e) the Court is hereby notified of such delinquency and the undersigned requests tbat a Court conduct a hearing to determine whether sanctions should be imposed upon the delinquent personal representative or counsel for the ddinquent personal representative, (!. Date: october 2 , 1997 Gttv ~ . Distribution: Personal Representative Counsel for Personal Representative Estate File - .' A HEAR ING I S SET FOR !if: ,'.. IJu v. 'If /91 1. AT 1/; UtJ f-I. I)) . IN COURTROOM NO, 1, / / IF THE CERTIFICATE OF NOTICE IS FILED PRIOR TO THE HEARING DATE, THE HEARING WILL AUTOMATICALLY BE CANCELLED. ~ ,/,'~ f I ~ .~/y{\ f I )1,- HAROLD E SHEELY P J S'l'A'I'I!~JlEPQ.~lT UllDER RUL.~~_"J~ Name of Decedent: I'I\IHIC 1,\ !i. !illll\lTlIl Date of Death: 'J / (,N 7 1'J%-1I02'JII Will No. IIdmin, No. ::t Pursuant to Rule 6.12 of the Supreme Court Orphans' Court Rules, I report the following with respect to completion of the administration o( the above-captioned estate: 1. State whether administration of the estate is complete: Yes No X 2. If the answer is No, state when the personal representative reasonably believes that the administration will be complete: June 50. 1999 3. I( the answer to No. I is Yes, state the following: a. Did the personal representative file a final account with the Court? Yes No . b. The sepal-ale Oq>ho1n5' C"urt No. (if anYI (or the personal representative's account is: c. Did t,he personal l-epl:esentative state an account informally to the parties in interest? Yes No d. Copies of receipts, releases, joinders and approvals of formal or informal accounts be filed with the Cerk of the Orphans' Court and may be al:t hed to th' report. /' /CUN Nr.I". ~ ,NICOrr. P.C. fly. /./__ Date: I'lny 3. 1999 NOTE: I\dminiotrntion or the [slnte hns been delnyed ns the decedenl hnd rni1ed to rile redernl nnd Blnle rlP.r:)(Jnn1 income lnx rcturnn in cnlendnr yearn 1995 [Ind 1996 nnd [Ionels or the e!llule consisled mninly or rcul enlnle. Ihil'h hnd lo be no1d. .101' n D. Cunninqhnm. [oquire Name (Please type or print) 2320 Norlh Second Streel lIul'rinbul'q. 1'1\ 17110 IIddress j 717) 23n-~570 Tel, No, Cilpacity: Personal Representative X Counsel for personal representative (MAH:rmf/AM3)