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LAW 01f'lcts
KILLIAN a GEPHART
HARRI&DURG. PI..
PRESBYTERIAl' HOHES, HIC.,
Petitioner
IN THE COURT OF COl~ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. .j-f< {,. t)-ff~",: 19 8 0
vs.
HAROLD S. FAUST,
Respondent
ORDER
AND NOI'I, this 3 ~
d.YOf~ '
the foregoing Pe tion and upon
1980, upon consideration of
Motion of Joseph A. Layman, Jr., Killian and Gephart, it is
hereby ordered and decreed that a Rule be entered against
Respondent to show cause why he should not be adjudged an
incompetent and why commonwealth National Bank should not be
appointed
guardian of his es~tate.
Returnable on ~_ _
~ 1J BY TH: COURT ·
r
Rule
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u..w OP'P'ICU
KILLIAN a OEPHART
HARfll..UJlO, ,A.
PRESBYTERIAN HOImS, INC.,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
OPPHJl..llS' COURT DIVISION
NO. 1980
vs.
HAROLD S. FAUST,
Respondent
PETITION TO ADJUDICATE A PERSON INCOMPETENT AND FOR APPOINTMENT
A GUARDIAN OF THE ESTATE PURSUANT TO 85511 OF THE
PENNSYLVANIA DECEDENTS, ESTATES AND FIDUCIARIES CODE
AND NON cOIms the Petitioner, Presbyterian Homes, Inc.,
by and through its attorneys, Joseph A. Layman, Jr., Killian
and Gephart, and avers as follows:
1. Petitioner, Presbyterian Homes, Inc., is a Pennsylvania
non-profit corporation with its registered office and principal
place of business at Dillsburg, Pennsylvania, 17019.
2. Respondent, Harold S. Faust, is an adult individual
residing at Forest Park Nursing Horne, 700 Walnut Bottom Road,
Carlisle, Pennsylvania, 17013.
3. Petitioner owns and operates Forest Park Nursing Horne
at 700 \~alnut Bottom Road, Carlisle, Pennsylvania, 17013, in
which Respondent is provided nursing care services.
4. Petitioner instituted a Complaint in Assumpsit in the
Court of Common Pleas of Cumberland County, Pennsylvania, docketed
at Number 3873 Civil 1979 naming Respondent and his wife,
Jeanette E. Faust, as Defendants.
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LAW 0".11:11
KILLIAN 6 GEPHART
HAJlRlnUIlO, PIw
5. Respondent has not answered the Complaint or obtained
the services of legal counsel, however, his wife is represented
by \~ayne F. Shade, Esquire, 5 South Hanover Street, Carlisle,
pennsylvania, 17013.
6. In an Answer with New Matter filed in response to the
Complaint in Assumpsit, Defendant Jeanette E. Faust avers in
Paragraph 14 that Harold S. Faust "is unabJ.e to manage his
property and lacks sufficient capacity to make or communicate
responsible decisions concerning his personal property."
7. If Petitioner's litigation against Respondent is success
ful, the decision could be overturned if Respondent was determine
to be incompetent.
8. Prior to initiating the abovementioned Complaint in
Assumpsit, Plaintiff r.eceived payments for the care of Respondent
from Jeanette E. Faust. The agreement to pay for the care
provided to Respondent became the subject of a dispute resulting
in the Complaint in Assumpsit. Since september, 1979, Jeanette E.
Faust has failed to and continues to refuse to pay any of the
expenses incurred by Respondent for car.e provided to him by
Petitioner. Petitioner understands that Respondent has assets,
including pension benefits, which could be utilized for providing
this care. The cost of care per month is approximately $1200.00.
9. Petitioner is a charitable organization and is inter-
ested in the welfare of the Respondent. Petitioner has not been
-2-
~Ct\~ 1e7 ~~;5S
LAW O".ICEI
KILLIAN a GEPHART
HAARI..URO, rA.
able to qualify Respondent for any governmental subsidies and
Jeanette E. Faust refuses to voluntarily remove Respondent from
Forest Park Nursing Horne and the care of presbyterian Homes, Inc.
10. Respondent was born December 28, 1904. lie is married
to Jeanette E. Faust and is domiciled in Cumberland County,
Pennsylvania. He is not a patient in a mental hospital or a
veteran's Administration hospital.
11. The only next of kin known to petitioner is Jeanette E.
Faust who resides at 512 West South Street, Carlisle, pennsy-
lvania, 17013. petitioner has no knowledge of the gross value
of Respondent's estate or his net income but Petitioner did
receive $540 per month prior to initiating the abovementioned
Complaint in Assumpsit. Petitioner has no knowledge whether the
Respondent was ever a member of the armed services of the United
States or if he is receiving any benefits from the United States
Veteran's Administration.
12. Petitioner avers that Respondent is a person who,
because of infirmities of old age is unable to manage his
property and lacks sufficient capacity to make or communicate
responsible decisions concerning his person.
13. Petitioner proposes that a corporate fiduciary be named
as guardian because of the failure of Jeanette E. Faust to provid
for any of the expenses of Respondent's care or to act responsi-
bly on his behalf. Furthermore, Jeanette E. Faust is a relative
-3-
~:'~ 10-; :..:GG
of Respondent.
14. Petitioner proposes that Commonwealth National Bank be
named guardian. Commonwealth National Bank has its principal
office at 10 South Market Square, Harrisburg, Penn~ylvania and
a local office at 1 North Hanover Street, Carlisle, Pennsylvania.
The proposed guardian has no relationship of any kind with the
alleged incompetent or any interest adverse to the alleged
incompetent.
15. No other court has ever assumed jurisdiction in any
proceeding to determine the incompetency of the alleged incornpe-
tent. The alleged incompetent has no guardian already appointed.
WHEREFORE, Petitioner prays that this Honorable Court issue
a citation directed to the alleged incompetent with notice thereo
to Jeanette E. Faust and to such other persons as the Court may
direct, to show cause why Harold S. Faust should not be adjudged
an incompetent and why Commonwealth National Bank should not be
appointed guardian of his estate.
Respectfully submitted,
KILLIAN & GEPHART
--, " / 'll'~vo
Dated: '>/J7-r,--<-. / 1"'-
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poseph A. Layman, Jr. (/
218 pine Street i/
Box 886
Harrisburg, Pennsylvania 17108
(717) 232-1851
LAW Of'P'ICII
KILLIAN 8: GEPHART
HARRI..u"a, PA.
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LAW OFP'ICE8
KILLIAN a GEPHART
HARR1"uJla. PA.
ACCEPTANCE BY CORPORATE GUARDIAN
commonwealth National Bank agrees to accept the appoint-
ment as guardian of the Estate of Harold S. Faust and certifies
that it is not the fiduciary of an estate in which the incompe-
tent has an interest nor the surety of such a fiduciary, and that
it has no interest adverse to the incompetent.
By:
Commonwealth National Bank I
, O/~l~l'//K;);/'
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Robert K. Reitzel, .
Trust Officer
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LAW OFFICES
KILLIAN a GEPHART
HARRISBURG. PA.
COVJ40NWEALTH OF PENNSYLVANIA
COUNTY OF lie' J:-
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, being duly sworn according to law,
deposes and says that he is
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of Presby-
terian Homes, Inc., that he is authorized to make this Affidavit,
that he has read the foregoing Petition, and that the facts
contained therein are true and correct to the best of his know-
ledge, information and belief.
Cl~0- /i<:-~~
Sworn to and subscribed
before? me this Ja' day
of/~"JUJ ' 1980.
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PRESBYTERIAN HmlES, INC.,
petitioner
v.
HAROLD S. FAUST,
Respondent
~~. -.~-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 566 1980
AFFIDAVIT OF SERVICE
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Joseph A. Layman, Jr., Esquire, being duly sworn according
to law, deposes and says that on the 15th day of September,
1980 at about
-1.'/'7- o'clock L.M., he served the Petition
in the above captioned matter on the next of kin of the
Respondent, namely, Jeanette E. Faust, by handing to and
leaving with her Attorney of record, Wayne F. Shade, personally,
at his office in Carlisle, Pennsylvania, a true and correct
copy of said Petition.
LAW OFFICE.
KILLIAN a GEPHART
S~lorn and subscr~l?51d to
beforel.me this ~ day
<0
OfCY.'"(!.,fJ-t.,,7' ' 1981.
fjp J/1<MA'1J(~.:/~
Notary Pubhc
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C._ . J:k;t!l~ JJ~ ~J'-'l''Y-&~ Q
10se'ph A. Layman/ Jr., ES,quire
Attorney for petitioner i/
"
KILLIAN & GEPHART
218 pine Street
P.O. Box 886
Harrisburg, Pennsylvania 17108
(717) 232-1851
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PRESBYTI:RIAN HO~lES, INC.,
peti tioner
IN THE COURT OP cO/mON PLEAS OF
CUMBERLAND COmITY, PENNSYLVANIl\
ORPHANS' COURT DIVISION
v.
No. 566 1980
HAROLD S. FAUST,
Respondent
ORDER
AND NOW, this
1'$ k day
of
, 1981, upon
consideration of the foregoing Motion,
n ~lotion of
Joseph A. Layman, Jr., Esquire, Attorney for the Petitioner, it
is hereby ordered and
decreed that a hearing
/310 day of
3
to determine
/Jt.ru&-J
, 1981
competency be held on the
at
(:3() f-t1., in Courtroom No.
, Cumberland County
Courthouse, Carlisle, Pennsylvania, .e<:.fe.a..... L1l~ llloJuv.LuLk
...J1:lIi96.
It is furthered ordered that the Respondent be examined
by 1J~..d ~'n
forth above; costs of such
, H.D., prior to the date set
examination to be borne by
Petitioner.
By the Court,
J.
LAW C,."CU
KILLIAN" GEPHART
MARRlsaURCI, P'"
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PRESBYTERIAN HOMES, INC.,
petitioner
IN THE COURT OF CO~~ON PLBAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
v.
HAROLD S. FAUST,
Respondent
NO. 566 1980
MOTION TO ~mKB RULE ABSOLUTE
AND NOW comes Petitioner, by its Attorney, Joseph A.
Layman, Jr., Esquire, and in support of its llotion respectfully
represents as follows:
1. That on September 3, 1980, the Petitioner filed a
Petition to Adjudicate a Person Incompetent and for Appointment
of a Guardian, to the above term and number.
2. Attached to said Petition was a Rule to ShOl'i Cause
why Respondent should not be adjudged incompetent and why
Commonwealth National Bank should not be appointed guardian.
3. That on September 15, 1980, a copy of said Petition
was served upon the Respondent and also upon his next of kin.
Affidavits of such service are attached hereto, made a part
hereof, and are marked Exhibit A and B, respectively.
4. That the Respondent or someone on his behalf was
to have responded to the Rule by October 5, 1980.
5. That as of the date of this Motion, Respondent has
failed to respond to the Rule or to otherwise make any attempts
LAW OI'1"ICIES
KILLIAN A GEPHART
HARRI..U"O. PI..
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LAW omcr;.
KILL.IAN a GEPHART
HAARllluRa. PA.
:
to cornnlunicate such response.
6. That as of the date of this Motion, no one acting
on Respondent's behalf has made a response to the Rule.
7. 'l'hat due to the seriousness and severity of the
Petition, Petitioner believes that a hearing must be held,
and evidence presented as to Respondent's incompetence, before
the Rule can be made absolute.
8. That due to Respondent's physical condition, Respondent
will be unable to personally attend such a hearing.
such a hearing
9. That in order to ensure an adequate and fair record
a Court-appointed physician be ordered to examine Respondent
and to testify to his findings at the above-requested hearing.
WllEImFORE, Petitioner prays this Honorable Court set a
time and place for a hearing in the above matter in order to
make the rule absolute and also that this Honorable Court
appoint a physician to examine Respondent prior to the time of
Respectfully submitted,
Dated: /~P_"._.
) -' ,//'--'
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-"-'/-( ,( ~.d<"?-,:,/_" '--:~,
,Joseph A. Layrnan,?r., Esquire
KILLIAN & GEPHART ~
218 Pine Street
P.O. Box 11116
Harrisburg, Pennsylvania 17108
(717) 232-1851
.:; ('; ~ /
Attorneys for Petitioner
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PRESBYTERIAl~ HmmS, INC.,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
v.
NO. 566 1980
HAROLD S. FAUST,
Respondent
AFFIDAVIT OF SERVICE
Joseph A. Layman, Jr., Esquire, being duly sworn according
to law, deposes and says that on the 15th day of September,
1980 at about
1/' -
-: . /'-;,
o'clock j/ .M., he served the Petition
in the above captioned matter on the next of kin of the
Respondent, namely, Jeanette E. Faust, by handing to and
leaving with her Attorney of record, Wayne F. Shade, personally,
at his office in Carlisle, Pennsylvania, a true and correct
copy of said Petition.
c. I:J/y.' /: JI. l'U7-'/'7/ZL<-'1- Q ..
Joseph A. Layman.( ~r ., Es,~i're
Attorney for Pet1t10ner tI
KILLIAN & GEPHART
218 Pine Street
P.O. Box 886
Harrisburg, Pennsylvania 17108
(717) 232-1851
Sl'lOrn and subscrib9d to
II bcf~5e/me this yT.L day
- . Of'0<~,IJ"al7' fll~81. ,
,/)/,,) . ':1l ....., ".1 _, I.. I
.!..-I:';;;L-L1~( (UJ..f:..';'cd27-?a:e{
.. Notary Public
LAW O"'CCI
. ; KILLIAN a GEPHART
HAJUU"U"lJ. PA.
7Y /1/./.5 /7
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LAW Ol'1'ICla
KILLIAN 6 GEPHART
HAARI..UPla, PA.
--
PRESDy'rERIAN HmIES, IllC.,
IN TilE COURT OF COl1f.ION PLeAS OF
cmlBERLAND COUN'J.'Y r PENNSYLVANIA
ORPIlANS' COURT DIVISION
Plaintiff
v.
No. 566 1930
HAROLD S. FAUST,
Defendant :
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the
foregoing Reply to New Matter of Defendant Jeanette E. Faust
was forwarded by Certified Mail, Return Receipt Requested,
on the 19th day of February, 1901 to the following person:
llrs. Jeanette E. Faust
512 West South Street
Carlisle, PA 17013
The original Return Receipt, number P23 0186389, is
attached hereto and made a part hereof.
Dated: ~ 2.5, /'18(
ose h A. Layrna
KILLIAN & GEPHART
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108
(717) 232-1851
Attorneys for Plaintiff
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BELVEDERE MEDICAL CENTER
850 W:~LNUT BOTTOM ROAD
CARLISLE. PENNSYLVANIA 17013
FAMILY PRACTICE
72
PHONE :!43oUUIS
ROBERT A. HOLLEN. M. D.
HAROLD G. KRETZING. M. D.
March 10, 1981
Re: Harold S. Faust
Forest Park Nursing Horne
Cumberland County Courthouse
Carlisle,
Penna. 17013
Attention: George E. Hoffer
Dear Honorable Hoffer:
This letter is written in response to your request
that I examine H~rold S. Faust, a patient at the Forest
Park Nursing Horne, to determine mental cornpentancy.
I examined Harold Faust on March 3, 1981 and my
examination concluded the following:
The patient just sits in a chair constantly chewing
with his tongue protruded. He moves his arms aimlessly
around and does not respond to a spoken word. The patient
was given a pen and asked to write his name. There was no
response and he held the pen in an awkward manner making no
attempt to get a correct position of his hand. He then let
the pen drop to the floor.
This patient appears mentally incompetent.
I will be examining the patient again before the
hearing scheduled for ~larch 13, 1981.
sJr~rej' J/.___..
t:::ft G: 1<~"~~\'rng,
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crny
cc: Joseph A. Layman, Jr.
Wayne F. Shade
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.
PRESBYTERIAN HmlES, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUHBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
vs,
HAROLD S. FAUST,
Defendant
NO. 566 ORPHANS 1980
AND NOl~.
ORDER OF ~ ~
this .J.lt day of (J~' 6/ , 1983, upon
of the within Petition and upon motion of Wayne F.
consideration
Shade, Esquire. Attorney for Petitioner Faust. it is hereby ordere
and decreed that a hearing upon said Petition be held on
the .)/t. day of tilT"",r ,1933. at '1:3) ftM., in
Court Room No. ~ . Cumberland County Court House. Carlisle,
Pennsylvania.
It is further ordered that notice of the hearing be given
in accordance with the requirements of Local Orphans' Court Rule
51.2(a).
By the Court.
J.
....~ vI,
J..~.G .~;~~i U;:9
PRESBYTERIAN HOMES, INC"
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PE~INSYLVANIA
ORPHANS' COURT DIVISION
vs.
HAROLD S. FAUST,
Defendant
NO. 566 ORPHANS 1980
PETITION FOR COURT APPROVAL
IN INCOMPETENT'S ESTATE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
1.
Petitioner TliE COMMONVIEALTI-J NATIONAL BANK with offices in
Carlisle, Cumberland County, Pennsylvania, is the Guardian of
Harold S. Faust who was adjudicated incompetent by Order of Court
herein dated April 9, 1981, a copy of which is attached hereto as
Exhibit "A" and made a part hereof as though fully set forth.
2.
Petitioner JEANETTE E. FAUST, an adult individual and the
wife of the said Harold S, Faust, resides at 512 West South Street,
Carlisle, Cumberland County, Pennsylvania 17013,
3.
Petitioner PRESBYTERIAN HOMES, INC., is a nonprofit corpora-
tion organized and existing under the laws of the Commonwealth of
Pennsylvania with its registered office at Dillsburg, York County,
Pennsylvania 17019.
t, .
WAY". F.5H.\OE
Attona.,. at La...
I loath RaII09ultnet
;Carllll., Pllu,.,.lvaala 17013
Petitioner JEANETTE E. FAUST was born February 9, 1911, and
is in good health; and Harold S. Faust \~as born Decew.ber 28, 1904,
and is in serious ill health although not in evident danger of
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WAY1Q F.SfUOf:
AttOnI~ at lAw
I a-th Huor..ltnct
CarUal.. PIHUIl7....ta 17013
(a) Petitioner Presbyterian Homes, Inc., will provide
lifetime care for Harold S. Faust, a copy of an agreement for
lifetime care being attached hereto as Exhibit "B" and being made
a part hereof as though fully set forth:
(b) Petitioner Jeanette E. Faust will within ten (10)
days from the date of approval of this compromise settlement join
with Petitioner The Commonwealth National Bank as Guardian of
Harold S. Faust in the private sale by general warranty deed of
the fee simple interest in the real estate and the improvements
thereon erected owned by Petitioner Jeanette E. Faust and Harold
S. Faust as tenants by the entireties, said real estate being
located at 512 West South Street, Carlisle, Cumberland County,
Pennsylvania, and being more particularly bounded and described
in Cumberland County Deed Book "C", Volume 21, Page 662, dated
and recorded February 15, 1964, as follows:
ALL that certain messuage and lot of ground
situated in the Borough of Carlisle, County of Cumberland
and State of Pennsylvania, bounded as follows:
On the North by West South Street: on the East
by land formerly of Maye C. Brougher, now M. C. Stayer;
on the South by an alley: and on the Hest by an Alley.
CONTAINING forty (40) feet in front on West
South Street, and extending in depth one hundred sixty (160)
feet to said alley on the South.
HAVING THEREON ERECTED a 3-story brick dwelling
house known as No. 512 West South Street, and other
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improvements.
BEING the same premises which George A. Ironside
and Mabel G. Ironside, his wife, by their deed dated
October 2, 1944, and recorded in the Recorder's Office at
Carlisle, PA, in Deed Book "X", Vol. 12, Page 80, granted
and conveyed to Nora M. Goodyear, the Grantor herein.
.'
(c) Petitioner Presbyterian Homes, Inc., will execute
a lifetime lease to Petitioner Jeanette E. Faust under which the
tenant will have the responsibility for the real estate taxes,
snow removal, lawn care and any maintenance which she deems
necessary but will not have the responsibility for any insurance
Coverage, a copy of said lifetime lease being attached hereto as
Exhibit "c" and being made a part hereof as though fully set forth
(d) Petitioner Jeanette E. Faust will pay to Petitioner
Presbyterian Homes, Inc., on the ninth day of the first month afte
approval of this compromise settlement, a lump sum to be computed
at the rate of $540.00 per month from September 10, 1979, through
the date of payment of said lump sum together with interest upon
each said monthly payment fron the due date thereof to the date of
payment of said lump sum at the rate of ten (10%) percent simple
per annum;
(e) Petitioner The Commonwealt~ National Bank will pay
to Petitioner Presbyterian Homes, Inc., the sum of $540.00 per
month beginning on the tenth day of the first month after. approval
of this c.ompromise settlement and continuing for the balance of
W'T~IF.SH'Dt: the natural life of the said Harold S. Faust;
Attoraerat Lnr
'Iocru. Haaonr'tr.1t
C.rll.,., Poo'''''14'' 17013 _ 4 _
........,"
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(f) Petitioner Jeanette E. Faust may retain the
accumulations of the income of Harold S. Faust through the date
of Court approval of this compro~ise settlement; and
(g) Petitioner The Commonwealth National Bank may pay
to Petitioner Jeanette E. Faust for her separate maintenance all
monthly income of the said Harold S. Faust in excess of the
$540.00 per month payable to Petitioner Presbyterian Homes, Inc.,
any additional expenditures for the care and maintenance of the
said Harold S. Faust and reasonable guardianship compensation of
Petitioner The Commonwealth National Bank.
10.
Petitioner Jeanette E. Faust and the said Harold S. Faust
have no children.
11.
Petitioner Jeanette E. Faust is the sole legatee under the
Last Will and Testament of the said Harold S. Faust.
12.
Affidavits of Gary L. Shulenberger and Robert A. Suloman
regarding the value of the said real estate are attached hereto
as Exhibits "D" and "E" and made a part hereof as though fully
set forth.
13.
The physical and mental condition of the said Harold S.
Faust has not improved from that described by Har.old G. Kretzing,
M.D., in his report of March 10, 1981, which was offered at the
Wn...F. SH.... incompetency hearing herein and a copy of which is attached hereto
Attomer at lAw
i Iot:dI KhO'tlr'Str.et
Carllal., Peana,lvula 17013 - 5 -
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WAYI'rS F. SnAPE
Attor:a.,.tLaw
. I..th HlDO'Ilf' .treet
ClrUII.< PMu,tvaala 17013
as Exhibit "F" and made a part hereof as though fully set forth.
It..
Petitioners believe and therefore aver that the differentials
between the actual monthly expenses for the care of the said
Harold S. Faust and the a~ounts paid and to be paid are such that
the proposed private sale of said real estate woul.d be for the
benefit of the said Harold S. Faust.
order, as follows:
\o1HEREFORE, Petitioners request that your Honorable Court
(a) That the said compromise of the action pending in
this Court at No. 3873 Civil 1979 be approved under the authority
of 20 Pa. C.S.A. ~552l(l6);
(b) That payment by Petitioner The Commonwealth
National Bank, of the monthly income of the said Harold S, Faust
in excess of the $540.00 per month payable to Petitioner
Presbyterian Homes, Inc., any additional exnenditures for the care
and maintenance of the said Harold S. Faust and reasonable
guardianship compensation of Petitioner The Commonwealth National.
Bank, to Petitioner Jeanette E. Faust, be approved for her
separate maintenc.nce under the authority of 20 Pa. C.S.A, ~5536;
and
(c) That the proposed private sale be approved under
the authority of 20 Pa. C.S.A. ~552l(23) upon notice as provided
under Local Orphans' Court Rule 51.2(a).
Respectfully submitted,
.........1.
-,,-~.0 ;';ll(ll
'];2j
t{/~~~
Hayne . Sha e
Attorney for Petitioner Faust
- 6 -
COHNONHEALTIl OF PENNSYLVANIA)
SS.
COUNTY OF
)
On this, the ~1~day of June, 1983, before me, a Notary
Public in and for the Commonwealth of Pennsylvania, personally
appeared ~BEE.:rK J?CtT;;~€L , \AilE ~E-':', ~ T~-:r J-,1A/JA<1C1!of the
Commonwealth National Bank, who, after being duly sworn according
to law, deposes and says that he has read the foregoin~ Petition
and that the facts contained therein are true and correct to the
best of his knowledge. information and belief.
Sworn to and subscribed
before me this ?-7i~ day
of :fUt-Je:
. 1983.
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\: ,\:.... .. i)), )~t4' I rw. ; Yl1.!> /
"'" ..t... --
..:/;~i>;" '- '8~ijB~ f,llm KRAMEU. NOTARY ualle
.; : 'lj.'e':: "." :t!W~_f,BORO. CUMBERLAND C1lUNTY
_: ;:. '(. :1i::;~(OitM;SSiOH EXPIRES IIAT 19,1986
. " '. ,.,., ' ',"','i1lirr ,Bea",I"nl' Association oIllolOfM
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WATJfK F. SH.'DF.
Attorn., at La",
.. Iwtts Huonr Street
CuU.lo, PlMul.7'Iv~la 17013
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Agrecmcnt for the care of Harold S. Faust
by Presbytcr ian Homes, Inc.
WHEREAS, certain disagreements arose between Presby-
terian Homes, Inc., and Jeanette E. Faust, the responsible
party for Harold S. Faust, for payment of the cost of care
provided to Mr. Faust as a patient in the Forest Park
Nursing Horne, a facility owned by Presbyterian Homes, Inc.;
and
WHEREAS, Presbyterian Homes, Inc. filed a Complaint in
Assumpsit on August 28, 1979 in the Court of Common Pleas of
Cumberland County, docketed to No. 3873 Civil 1979, in-
cluding a claim of $10,368.43 and alleging a breach of
agreement for the cost of said care; and
WHEREAS, the parties desire to compromise and settle
the issues in question, to provide for reimbursement to
Presbyterian Homes, Inc. for part of the cost of care pro-
vided to Harold S. Faust, and to assure the provision of
care to Harold S. Faust for the remainder of his natural
life; and
WHEREAS, Harold S. Faust was adjudicated incompetent by
Order of the Court of Common Pleas of Cumberland County,
Pennsylvania, Orphans' Court Division, on April 9, 1981,
at which time Commonwealth National Bank, with offices in
Carlisle, Pennsylvania, was appointed his Guardian;
NOW, THEREFORE, the parties hereto, being Presbyterian
Homes, Inc., Jeanette E. Faust, and Commonwealth National
EXHIBIT "B-1"
- .
Bank, Guardian of Harold S. Faust, intending to be legally
bound hereby, agree as follows:
I. Harold S. Faust is presently a patient at the
Forest Park Nursing Home, a facility owned and operated by
Presbyterian Homes, Inc., in Carlisle, Pennsylvania. Pres-
byterian Homes, Inc. will provide care for Mr. Faust for the
remainder of his natural life as long as it is practical and
medically proper to provide the level of care allowed by
this facility or any other comparable facility owned and
operated by Presbyterian Homes, Inc.
2. In consideration of providing such lifetime care
to Mr. Faust, Commonwealth National Bank agrees to pay the
sum of $540.00 per month from the assets it manages on
behalf of Mr. Faust.
3. The balance of the cost of care for Mr. Faust
shall be subsidized by Presbyterian Homes, Inc. in con-
sideration of receiving a fee simple interest by a general
warranty deed in the real estate and improvements thereon
owned by Jeanette E. Faust and Harold S. Faust as tenants by
the entireties, located at 512 West South Street, Carlisle,
Cumberland County, Pennsylvania, subject to a lifetime lease
to Jeanette E. Faust, together with a lump sum payment by
Jeanette E. Faust to be computed at the rate of $540.00 per
month from September 10, 1979, to the date of payment of
said lump sum, together with interest upon each said monthly
payment from the due date thereof to the date of payment of
-2-
EXHIBIT "B-2"
said lump sum computed at the rate of 10% simple interest
per annum.
4. The agreements and obligations undertaken by the
parties hereto shall become effective for Presbyterian
Homes, Inc. and Jeanette E. Faust on the 9th day of the
first month after approval of a compromise settlement of the
above referenced lawsuit by the Orphans' Court Division of
the Court of Common Pleas of Cumberland County and for
Commonwealth National Bank as Guardian on the 10th day of
the first month after said approval. The obligations of
Presbyterian Homes, Inc. and Commonwealth National Bank
shall continue for the balance of the natural life of
Harold S. Faust, except as may otherwise be deemed in the
best interest of Mr. Faust by order of court.
5. The cost of care provided to Harold S. Faust is
defined as the total cost of his room and board, medications
prescribed by physicians, and the items and services re-
qui red to provide for his personal health care, including
such services as a podiatrist and barber, and such personal
care products as are generally required by persons in his
physical condition.
IN WITNESS WHEREOF the parties hereto, individually and
by their duly appointed corporate officers, execute this
Agreement and apply their respective seals this
day
of
, 1983.
ATTEST:
PRESBYTERIAN HOMES, INC.
By:
EXHIBIT "B_3"
-3-
(SEAL)
ATTEST:
COMMONWEALTH NATIONAL BANK,
Guardian for Harold S. Faust
By:
(SEAL)
WITNESS:
(SEAL)
Jeanette E. Faust
-4-
EXHIBIT "B-4"
LEI\SE
This agreement made this day of
1983, between Presbyterian Homes, Inc. (hereinafter Lessor) ,
and Jeanette E. Faust (hereinafter Lessee),
WITNESSETH, that the said Lessor, in consideration of
the terms and covenants hereafter mentioned, does lease unto
Lessee to be used as a single family dwelling, the premises
situate in the Borough of Carlisle, County of Cumberland and
Commonwealth of Pennsylvania, described as follows: A three
story brick dwelling house known as 512 West South Street,
Carlisle, Pennsylvania.
To have and to hold unto the Lessee, subject to the
conditions of this agreement, for the term beginning on the
9th day of the first month after approval by the Court of
Common Pleas of Cumberland County, Pennsylvania, of a com-
promise settlement of litigation initiated by Presbyterian
Homes, Inc. against Harold S. Faust and Jeanette E. Faust on
August 28, 1979, which date of court approval and compromise
shall be entered hereof for the record in the space provided
immediately hereafter,
and ending on the date of death of Jeanette E. Faust or on
the date she disclaims her right to live in the premises or
on the date she, or a duly appointed guardian, removes
herself from the premises with the intention of not returning,
such intention to be in writing and presented to the Lessor,
whichever date shall first occur.
EXHIBIT "C-l"
, .., ."
In consideration of the compromise settlement of the
above-referenced litigation, Jeanette E. Faust will pay to
Lessor on the 9th day of the first month after approval of
said compromise, a lump sum to be computed at the rate of
$540.00 per month from September 10, 1979, through the date
of payment of said sum together with interest upon each said
monthly payment from the due date thereof to the date of
payment of said lump sum, computed at the rate of ten (10%)
percent simple interest per annum.
As a further consideration for the use and occupancy of
said premises Lessee hereby agrees to faithfully keep and be
bound by the following covenants, conditions and agreements:
I. Said premises are to be kept and maintained in as
good repair and condition as at present, including the re-
sponsibility for snow removal, lawn care and any other main-
tenance which Lessee deems necessary.
2. The premises are to be kept in a clean and sani-
tary condition and all ashes or other garbage which may
accumulate thereon during the time of this Lease are to be
removed, and in case of failure to remove the same, the
Lessor may collect as rent due and in arrears double the
cost of removal. The water, lighting and other services for
the use of the Lessee of the said premises furnished by any
public service company during the said term shall be paid
for by the Lessee.
EXHIBIT "C_2"
-2-
,
r
3. Nothing shall be done upon said premises contrary
to the conditions of the policies of insurance upon the
building thereon whereby the hazard may be increased or the
insurance invalidated. Lessor may provide such insurance
coverage as is necessary to protect its insurable interests.
Neither the whole nor any portion of the said premises shall
be sublet, nor shall this Lease or any interest therein be
assigned, nor shall the Lessee indulge in or permit any
nuisance or unlawful acts of business to be carried on upon
the premises at any time.
4. Lessor expressly reserves the right to enter upon
the premises at reasonable times for the purpose of making
necessary inspections or repairs. Lessee is required to pay
the real estate taxes assessed annually against the property
upon presentment by Lessor of the tax notices received.
Upon presentment of such notices payment shall be remitted
to Lessor within thirty (30) days in order to make timely
payment of such taxes by Lessor.
5. upon the breach of any of the covenants or agree-
ments of this Lease or upon its termination by forfeiture,
disclaimer or written notice as provided herein, the parties
may amicably terminate the lease agreement, or, adjudicate
their legal rights at law or equity as is appropriate.
6. It is further agreed that the terms and conditions
of this agreement and Lease shall in no way be changed or
-3-
EXHIBIT "C-3"
..
altered except by a writing signed by all the parties here-
to, and this agreement shall be interpreted according to the
laws of the Commonwealth of Pennsylvania.
7. The conditions of this agreement shall extend to
the heirs, executors, administrators, successors and assigns
of all the parties hereto.
B. This document shall not be recorded in any office
of public record.
IN WITNESS WHEREOF, the parties aforesaid have hereunto
set their respective hands and seals the day and year first
above written.
WITNESS:
PRESBYTERIAN HOMES, INC.
By:
WITNESS:
Jeanette E. Faust
-4-
EXHIBIT "C-4"
Office 243.6195
GEORGE L. EBENER
AND ASSOCIATES
REALTORS
APPRAISER - SALES - PROPERTY MANAGEMENT
139 WEST HIGH STREET
CARLISLE, PA. 17013
June 7. 1983
hlayne F. Shade
5 South Hanover St.
Carlisle. PaD
Dear Mr. Shade:
I'am a licensed Real Estate Broker. Licensed by the Commonwealth
of Pennsylvania. and have been actively engaged in the real estate
business for the past nine years in the Cumberland County area. I'am
thoroughly familiar with real estate values in this area.
On Friday. May 27th 1983. I inspected the property located in the
Third Ward of the Borough of Carlisle. Cumberland County. pa.. more co-
mmonly known as No. 512 West South Street. Carlisle. Pa.. to determine
my opinion of its fair market value as of the date of my inspection.
This property is located in an area zoned R-2 medium density res-
idential dastrict. It was acquired by Harold S. Faust and Jeanette E.
Faust. his wife on 15th of February 1964. as recorded in the office of
the Recorder of Deeds for Cumberland County in Deed Book "CR. Vol. 21.
Page 662. It is assessed at $4270.00 for the building and $1190.00
for the land. making a total assessment of $5460.00 for tax purposes.
LAND & PROPERTY DATA
The lot fronts 40 ft. on the souths ide of West South Street and
the eastside of a public alley and extends 160 ft. in depth to public
alley. West South Street is a typical street havi;lg macadam cartway
lined with curbs and sidewalks. The two public alleys are also mac-
adam. Utilities to the property include public water. sewer. gas.
electric and telephone. Other land and property improvements include
concrete walkway leading from West South Street to the front concrete
porch {Approx. 8'x25'}. The lawn is well established with shrubs and
trees which compliment the property.
EXHIBIT "D-2"
Page 2.
Re: 572 West South Street
BUILDING DATA
The above described lot is improved with a two and one half
story dwelling house, measuring approx. 3D ft. by 3D ft. The exter-
ior of the house is brick with wood soffitts and galvanized gutters
and downspouts. There are triple track storm units and screens on
the windows on the 1st and 2nd floor only and storm doors on the ex-
terior doors. The dwelling has asphalt shingle roof, with tin roof,
on the front and rear porches. Entrance to the house is from the
front porch which opens to a foyer and hallway with guest closet.
The floors in the foyer, hall, living-dining room and den on the 1st
floor are hardwood which are not the orginal floors. There are plas-
ter walls and ceilings throughout the dwelling which have been painted
and wallpapered. A archway from the foyer gives excess to the den in
the front West corner of dwelling. The den has built in bookshelves.
Also an archway leads to the large living-dining room combination
which runs from the front to the rear of the East side of the property.
There is a brick fireplace in the living room area and french doors in
the dining area which leads to the wooden rear porch.
The kitchen has entrance way from the dining room and a interior
door leading to the basement and exterior door leading to a rear flag
stone porch. The kitchen floor is linoleum, cabinets are wood with
formica counters and splash guards, double stainless steel sink, and
electric range. There is no built in appliances such as dishwasher and
disposal.
A stairway from the hallway leads to a landing and continues to a
large landing on the second floor. The walls on the stairway and the
landings are panelled. The bathroom has linoleum floor, vanity with
porcelain sink, porcelain tub with ceramic shower stall. The walls
are ceramic tile and wallpapered. A door from the bath leads to small
second floor balcony.
The large landing on the second floor has pine wood floors and
gives excess to the two bedrooms, also with pine floors. The small
bedroom over the den area has small closet and the walls are papered.
The large master bedroom which is the same size and over the living-
dining room combination is large enough that it could be with some mod-
ifications two bedrooms. The walls are also papered and there is a
closet. A door from the second floor landing leads to the third floor
area. Approximately three fourth of this area is a finished room with
wood floors, walls and ceiling are papered. This area however is not
heated. The remaining area is attic type storage. There appears to be
fiberglass insulation in this attic and storage ronm area.
EXHIBIT "D-3"
Page 3.
Re: 572 West South Street
The unfinished basement under the entire dwelling has excess
from the kitchen~ side entrance on the West side and metal outside
cellar doors on the East side to the cold storage area of the base-
ment. The walls are stone~ the floor is concrete. There is a half
bath built in the South West corner of the basement~ with commode~
sink~ and no vanity. The floor is linole~m and the walls painted
stone and drywall. The basement houses the hot water furance with
two zones that has been converted from oil to gas. There is a 3D
gallon gas hot water heater and hook-up for washer~ however th~re is
no hook-up for a dryer. The plumbing is copper~ and the electric ser-
vice is a 60 amp. fuse service. which is probably adequate because of
the use of natural gas.
The property is in very good condition~ both structurally and
cosmetically~ with the exception of some exterior painting needed to
the already painted bricks~ trim~ gutters and downspouts. The absence
of a garage and at present even off street parking has some bearing
as well as being presently only a two bedroom home.
Taking this into consideration along with the excellant location.
it is my opinion the fair market value as of May 27th is $73~500.DD.
I have no interest of any nature whatsoever in this property.
This opinion is given by me voluntarily and without liability on my
pa rt 0
V4~
Gary L. Shulenberg~ALTOR
GLS Ids
Encls: Photo
EXHIBIT "D-4"
WAvn F. SU,\DIt
Attoral7 at Law
. hlth Huonr StrUt
ClrUII.. PeAtlI,.lvlal. 17013
AFFIDAVIT
CONMONlolEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND
)
ROBERT A. SULONAN" being duly sv'orn according: to lav.', deposes
and says that he is the licensed real estate broker referenced in
the attached appraisal of real estate known as the Harold S. Faust
property at 512 West South Street, Carlisle, Pennsylvania, and tha
the facts set forth in said appraisal are true and correct to the
best of his knowledge, information and belief.
<::'J4'~
'Ro ert A. S'u Or.1an,'
Swart:, to and subscribed
before me this o?~6t.day
of r 1983.
/c
N l. EWiNG, Norory F,I:J:C
arlislt. Cumberl.snd Co., Pi.
My Commir.sion Expir.. April 7, 1956
EXHIBIT "E-l"
'Revere
'Real Estate
115-119 Welt 1(18" Sf.
Carll.le, 1>a. 1'013
An ,Appraisal Of Ileal 2st.:te YJ'lDt,,'l1 i~S The
Harold S. Faust Propcrtr !~t 512 :-[(!~t SoUti1
Street, Carlisle" PennD~.lvania.
Prepal""ed For ~:~j71(; F. Shade, Esquire,
Attorney For i.ir. i:,nd l;rs. Harold S. F~ust.
Submitted By ilobert ;" St:lolClan, Licensed
Real Estate Broker.
\'
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EXHIBIT "E_2"
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'Revere
'Real Ettate
115.119 Wut 1(lSh Sc.
<:arllllr, t'a. 1'013
Li~itin6 Condition:. of ThiG Appr~isal
1. Th~t the titl(] tv ~ubj(;ct property i~
mru']:etab1c.
2. That no respon5ibilit~,.- is asm.1Iiwd by the
appraiser for l~Sn.l matters affectirle
title to the property.
3. That the le[;&l descri.ption on record is
ccrrect.
Furpose of :\pprl.:isal: To Deterninc r.7a:-kct Valll~ e.~ of
June 6, 1983.
lJ;arkct Value: lr.:i.rkct va.lue is defjnsc. e.~ t:le 1JOSt reasonable
or ;orob:lblc ::ricc cstk,ated in tcrr.1S of money
..;hich " propcrt3' >;ill br:.ng if E'xposed for sale
in t.ll e OpE:-~ r:l?-xkct al101,;int; a reason;lble period
of time to fil;c; a pUI.chaser ..!ho buys ",ith full
lmm:lcd,::e of all tiJ(; US8S to ",hich the property
is adapted ar.ci fer ,...hich it :is capable of beinG
used, n.nGtunin;: norJ.1al market conditions exist.
EXHIBIT "E-4"
'Revere
'Real Estate
115-119 Waf 1llSh Sf.
Carll.le, 'II.. 11013
u.,G,~, D~~GiCP'rIOl\
,Ill that certain r.le~suaGc r~,d lot of ;.:r,-,unc1 situ2.t.ed in the Borouch
of Carlisle, Count;)' of Cur.lbcrlr:nd ,:.r:d st~c'.te of Pennsylvania,
bounclec. ~s follol':n:
On the Harth bJr !','est South Street; on the ~;lSt b:.r In!ld formel'l~r of
f,raye c. BrouGh~r J no\; >__ C. ,St.a:y"cr; on th~ South b? G.n ;:.llc;;t;
anc. on the \';est by an ,'..lley. Gont.1ininz; fort:, (~.O) feet :in front
on Hest South Street, ar,d extel:din~ in depth one !1undred si."Cty (160)
feet to said ::.llE'Y on thf:' Scuth. HDV:1.n~ thereOE erected ~ 3-stor,y
brick d\.'elli'''1[ 11'Ju~~8 ~:l1~~7~ ~)c. Lo. 51 ~ ~.:.€<.;t Sou,t.l1 ,~;tr'!8t, and other
inproverr.eT:ts.
PHYSICAL !1i:SCiEPTI,.i!
..:.. tr?.ct or lc....,~.l ~s ~:escribed above l;ring on the South SJ..u.e of :lest
South Str~et. Be~n= ~~ excellent residential nei:hborhood cloRe
to the Carlisle H05?itd, Dickinsr:n C011~::e, ret;dl stores ,end
orofessional services. S;;.id tr"ct is served b e.ll Carlisle
BorouGh utilities. Subject tr1lct is improved ;';Hh a 2~ story brick
dNelline that iJeaSUres th'h...ty feet b~r tIlirty f::::et, mOl"'C or less.
Therefure, ehch of the fi!':Jt {"',m~ secr;n:::! floors nrcvicle a~nrox:ir.latelv
900 feet of livin.; E,p:Jce, ~.r.d the thir.- le\rel" ~lt:lOU.~h n~t heated,"
is pe.rtiallJ" finished Il:~". ,",c\lld ;orovide ax, a.dditional hOO feet, :nore
or less, of living space 1,.d.th a. IHorif':rz:te ex)cnditure. The interior
layout consists of z.n entr;;nce hall" der:., kitchen, livinG room nnd
djnj.ng room on the first level. The second level provides a land inS
type roc;n, miister bec.roo::l that is c}..ite larGe and could ""sily be
converted to tHO st~nd"rd size roeDs, a second bedroom, and a larGe
bath "~ith access to a balcony. The ti.ird level "r.s colready been
described 5encr1l11y.
Hore Specific Data:
Baser.;ent:
Furnace:
Electric:
Full, concreted" loc2.tion of a hill bath, outnice access.
Ge.z hot. ~',.2.tE:r r;.Y;..~te!::. 1\:0 Tp.r.lpBrt~ture centrol 7..')nes.
60 am::, ci!.~2cit~,.. 7u:::;e t;r?e E~rstc~. /.ppe~rs ,";(lequate
but should be up~raGcd to 100 a~ps.
Plumbin.:;: ,',de<;u~te, nostl~' copper.
Insulr.:.tion: Dase:r..ent ~.J~d third. floor. ."tcequate.
Roof: Asph?lt. G-ood condition.
SpoutinG: Good.
Extra Features:
Overall
Pirc111ace :"'1'1 the .I J..vu:[ room. l"lz~gstone
!'Joreh tr, t.he rcr,.l"'. 1,;icel~~ It.i.lH!f,c~.ped lot.
Ofr stree.t p<irki..~c.
eO!lGi tion of the pr(;pGrt:!' i~ e:-::cellcnt.
EXHIBIT IE_5"
I
I
,
,
I
I
, .", ~,,"~._' .
'Rewre
'Real 'Estate
IlS.1l9 Welt "ISh Sr.
Carll.le, 1'a. 1'013
J\pproc.ch To Value ;3~r The I.:ark;:,t .r.ppY'o,~ch
'I'ho follo~'::~llf: rcp~"'c::;(mts cf_'j"l'~-Ir;.~blc:: prorv:rticf:" ~,nc valuf;s:
1. Sold for 71, coo on June 30, 1982. 268 South Hest
Street, Carlisle. Victor li1l.rma a.'1d ;crdis I1elson
to Kim Company. 2~ story brick. 3 bedrooms, bath
ar.d a heU. aCffiodeled interior. Sli"htly older
than GubjGct propcrt:!. 2 Cc?.I' [.::.r::je. SiJ':til2.r
nei~hborhoocl.
2. Sold for 68,000 on April 28, 1982. 54 Parker Street,
Carlisle. Ho"ard Fi[ller to Robert B. Hosenkranz.
21 story brick. 4 bedrooms, 2 baths. Si~lil;,r in
architectural stJ'le, location and period. Garaee.
3. Sold fur CO,OOO Or! October 20, 1982. 225 Com-lay
Street, Carlisle. \'ial'ren CoolidGe to Eal'Y P. Sandels.
,
2~ stor;; brick. 3 bedrooms, bath and a he.lf.
Garage. Simil;.~.r size, architectural st:vle, loca.tion
<.:nd period.
4. Sold on June 12, 1981 for 66,000. John B. Lane
to ~:illii'""' K. Salor:lone. 2;'; story brick. 3 bedrooms,
1 bath. Sir:~ilc':.r:11 size, st~rle and loc.?.ticn.
GL'..ri.::.:;e.
EXHIBIT "E-6"
,
r
WAyrq P. ~H.\D<<
4ttom.,. at lAnrr
.Io.th 1f......ltrMt
Ual., ....naFlvwa nOls
PRESBYTERIAN 1I0~1ES, INC.,
Plaintiff
HI TIlE COURT OF CONNON PLI~AS OF
ClJtlBERLAND COUNTY, PFNN~YLVANrA
ORPHANS' COURT IJIV]~l(JN
Vti.
HAROLD S. FAUST,
Defendan t
NO. 566 ORPHANS 1980
ORDER OF COURT
---------
AND NOly, this
day of
, 1983, upon
consideration of the within Petition and upon motion of "Jayne F.
Shade, Esquire, Attorney for Petitioner Faust, it is hereby ordere
and decreed that a hearing upon said Petition be held on
the
day of
, 1933, at
.M., in
Court Room No.
Cumberland County Court House. Car.lisle,
Pennsylvania.
It is further ordered that notice of the hearinA be given
in accordance with the requirements of Local Orphans' Court Rule
51.2(a).
By the Court,
. I
J.
W,\\'NE F. SII,\IlE
"TTCJlINt:'" .\T L"w
S SnllTlI U,,:o;nn:1l SlIlt:t:T
CARLI!<oU:. l't;NNSHHNU 17013
(717) 243.58.18
July 1. 1983
Honorable George E. Hoffer, J.
Cumberland County Court House
Carlisle, Pennsylvania 17013
f\L-tL
Dear Judge Hoffer:
Presbyterian Homes, Inc.
v. Faust
No. 566 ORPHANS 198
As you may recall the above matter in which you issued
a decree adjudicating Hr. Harold S. Faust incompetent on
April 9, 1981, the purpose of this letter is to request that
the notice requirements be limited to the customary
advertisement in lieu of posting the property and placing
handbills in various public spots in the neighborhood.
We would request this procedure in this case in which
we believe that all parties in interest are parties to the
Petition in an effort to protect the sensitivity of Mrs. Faust
who is and will continue living in tee property.
We would also welcome any other suggestions which you
may have in this respect.
Very truly yours,
a/~
Wayne F. Shade
WFS/crs
0.. ,"
WAYNe F. SHADE
Attorn.,. at Llw
S SOllth Hanonr Strut
Carll.I" PeDIl,,.lyanla 17013
"
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,
PRESBYTERIAN HOMES, INC"
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
.._-_.-' - ----....~.'.l~.i{,
vs.
HAROLD S, FAUST,
Defendant
NO. 566 ORPHANS 1930
AFFIDAVIT
CO~~ONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND
)
HAROLD G. KRETZING, H. D., being duly sworn according to law,
deposes and says, as follows:
1. That he is a duly licensed ~edical doctor authorized to
practice in the Commonwealth of Pennsylvania;
2. That he examined Harold S. Faust, Defendant in the above
captioned matter, on July 7, 1983;
3. That the only change from status of said Defendant from
the previous examination by Affiant on March 3, 1981, is some
probable deterioration in the mental/physical status of Defendant
due to time and advancing disease;
4. That Defendant does not respond at all and gives no
indication that he is aware of the presence of the exa~iner;
5. That during the examination, Defendant sat with his arms
and hands flexed, had his head turned to one side, had constant
chewing motions of his mouth with protrusi.on of his tongue and
showed no exhibition of any intellectual reasoning or response in
any way;
,;:;-
6. That Defendant remains totally mentally incompetent w1.th
a prognosis that his mental condition will not improve and that hi
'"
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Page 1 of 3
Harold S. Faust
Forest Park Nursing Borre,
a facility of Presbyterian Horres, Inc.
Account # 20085 admitted 1/17/74
MecU.cal Medical Payrrents
Date Roan Charges Services Supplies adj. Received
1974 Balance 1482.24
1-1975 728.00 24.26 19.45 540.00
2 806.00 56.16 24.95 540.00
3 780.00 33.17 23.10 (32.88) 540.00
4 806.00 33.97 37.14 540.00
5 780.00 25.23 35.63 540.00
6 806.00 44.87 39.80 540.00
7 806.00 26.57 41.16 540.00
8 780.00 21.70 39.62 540.00
9 806,00 19.50 39.84 540.00
10 780.00 20.10 38.11 540.00
11 806.00 21.20 45.74 540.00
12 837.00 20.60 37.58 540.00
Balance due as of
12/31175 $5,259.81
1-1976 783.00 18.92 43.92 540.00
2 837.00 13.70 44.39 540.00
3 810.00 27.70 33.91 540.00
4 837.00 20.50 41. 52 540.00
5 810.00 14.50 43.29 540.00
6 837.00 14.20 41. 33 540.00
7 837.00 16.50 39.68 540.00
8 810.00 13.30 42.90 540.50
9 837.00 10.00 46.86 540.00
10 810.00 10.00 51. 35 540.00
11 837.00 10.00 51. 73 540.00
12 961. 00 10.00 44.48 540.00
Balance due as of
12/31176 $9,489.99
1-1977 896.00 10.00 83.64 540.00
2 992.00 10.00 57.16 540.00
3 960.00 25.00 48.63 540.00
4 992.00 31. 00 69.30 540.00
5 960.00 25.00 62.75 540.00
6 992.00 83.47 540.00
7 992.00 81. 98 540.00
8 960.00 31. 00 59.02 540.00
9 992.00 28.25 59.30 540.00
10 960.00 28.25 45.35 540.00
11 992.00 31. 50 48.33 540.00
12 992.00 28.25 49.97 540.00
Balance due as of
12/31/77 $15,687.14
......
Page 2 of 3
Harold S. Faust
Forest Park Nursing Horre,
a facility of Presbyterian Herres, Inc.
Acoount 1/ 20085
admitted 1/17174
Date Roan Charges
Ncdical Medical PaynEnts
Services Supplies adj. Received
28.25 50.39 540.00
25.00 44.70 540.00
28.25 42.88 540.00
37.50 50.01 540.00
31. 50 46.88 540.00
25.00 50.08 540.00
28.25 51. 03 540.00
31.50 46.88 540.00
28.25 51. 97 540.00
28.25 60.62 540.00
28.25 43.28 540.00
28.25 48.07 540.00
.
1-1978
2
3
4
5
6
7
8
9
10
11
12
924.00
1,023.00
990.00
1,023.00
990.00
1,023.00
1,023.00
990.00
1,023.00
990.00
1,023.00
1,116.00
Balance due as of
12/31/78 $22,280.18
1-1979
2
3
4
5
6
7
8
9
10
11
12
1,008.00
1,116.00
1,080.00
1,116.00
1,080.00
1,116.00
1,116.00
1,080.00
1,116.00
1,080.00
1,116.00
1,240.00
Balance due as of
12/31/79 $32,109.50
15.25
15.25
15.25
15.25
15.25
15.25
18.50
21.25
18.50
15.25
15.25
15.25
49.01
55.11
50.54
47.25
53.20
59.26
58.16
61. 98
64.09
67.09
63.02
61.11
540.00
540.00
540.00
540.00
540.00
540.00
540.00
540.00
1-1980
2
3
4
5
6
7
8
9
10
11
12
1,160.00
1,240.00
1,200.00
1,240.00
1,200.00
1,240.00
1,240.00
1,200.00
1,240.00
1,200.00
1,240.00
1,364.00
Balance due as of
12/31/80 $47,861.11
15.25
15.25
12.00
20.50
4.25
16.25
12.00
22.25
16.25
12.00
16.25
16.25
50.75
48.94
54.27
57.88
62.84
72.95
80.53
80.43
80.16
80.48
69.94
69.94
. -.. ~
-
Page 3 of 3
Harold S. Faust
Forest Park Nursing Borre,
a facility of Presbyterian Bcxres, Inc.
Account # 20085 admitted 1/17/74
Date Roan Charges
1-1981
2
3
4
5
6
7
8
9
10
11
12
1,232.00
1,364.00
1,320.00
1,364.00
1,320.00
1,364.00
1,364.00
1,320.00
1,364.00
1,320.00
1,364.00
1,503.50
Balance due as of
12/31/81 $65,185.02
1,358.00
1,503.50
1,455.00
1,503.50
1,455.00
1,503.50
1,503.50
1,455.00
1,503.50
1,455.00
1,503.50
1,627.50
Balance due as of
12/31/82 $84,116.98
1-1982
2
3
4
5
6
7
8
9
10
11
12
1,470.00
1,627.50
1,575.00
1,627.50
1,575.00
1,627.50
Balance due as of
6/30/83 $94,311.69
1-1983
2
3
4
5
6
Medical Medical Paynents
Services Supplies adj. Received
12.00 85.79
16.25 76.60
20.50 75.82
16.25 79.76
16.25 82.60
16.25 82.45
12.00 79.83
16.25 76.95
20.50 80.37
20.50 60.23
16.25 74.93
16.25 69.83
12.00
16.25
12.00
16.25
16.25
16.25
16.25
16.25
12.00
16.25
16.25
16.25
12.00
12.00
16.25
16.25
16.25
12.00
72.46
65.17
61.39
72.13
76.10
64.09
93.75
86.11
76.52
102.89
87.70
64.90
68.75
93.35
97.71
115.23
111.86
120.56
,
PRESBYTERIAN HOMES, INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
vs.
HAROLD S. FAUST,
Defendant
NO. 566 ORPHANS 1980
COURT
AND NOl-J, this
~RDE;R OF
1 day of
August, 1983, after hearing, upon
Motion of Killian & Gephart, Attorneys for Presbyterian Homes, Inc.
and \,ayne F. Shade, Esquire, Attorney fer Jeanette E. Faust, and
upon consent of the Commonwealth National Bank, Guardian of the
Incompetent Estate of Harold S. Faust, a compromise settlement is
hereby approved according to the terms set forth in the Petition
for Court Approval in Incompetent's Estate filed herein on July I,
1983.
It is further ordered and decreed that until further order of
this Court, the monthly payment from Harold S. Faust to Presbyteria
Homes, Inc. required under the terms of said compromise settlement
may be made directly by the Social Security Administration to
Presbyterian Homes, Inc. as representative payee, and the monthly
check from the Public School Employe's Retirement System upon the
account of Harold S. Faust 1I1ay be paid directly to Jeanette E.
Faust.
By the Court,
WAYNE F. SHADE
Attorncy at Law
5 Soutb Hanover Street
Carlllto, Ponn.,lyula17013
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