HomeMy WebLinkAbout01-2193 FX
AREA AGENCY ON AGING,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
SARA McALICHER,
Defendant
NO. 01-2193 CIVIL TERM
IN RE: PETITION FOR APPOINTMENT OF
PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE
BEFORE OLER. J.
ORDER OF COURT
AND NOW, this 8th day of August, 2001, upon
consideration of the Petition for Appointment of Permanent Plenary
Guardians of the Person and Estate in the above-captioned matter,
and following a hearing at which the allegedly incapacitated
person, Sara Marie McAlicher, was present and represented by her
court-appointed counsel, John A. Abom, Esquire, the son of Ms.
McAlicher, Robert McAlicher, was present and represented by
Bradford Dorrance, Esquire, and the Petitioner was present through
a representative and represented by its counsel, Anthony L.
DeLuca, Esquire, Sara Marie McAlicher is adjudicated an
incapacitated person, and the Petitioner, the Cumberland County
Area Agency on Aging, is appointed plenary guardian of her person;
Petitioner and Ms. McAlicher's son, Robert McAlicher, are
appointed plenary co-guardians of her estate.
The guardians are directed to file reports in
accordance with the provisions of the Probate, Estates and
Fiduciary'S Code applicable to such guardians.
No bond shall be required of the guardians in this
case.
Notice is hereby provided to Sara Marie McAlicher
through this order entered in open court in her presence and in
the presence of her court-appointed counsel of her right to appeal
"'T.,
':-'
r _ -: ~
~, ~,-,
J,
i
,
I
I
,
l~
.~
,",,"^-
..
.'.' . ~ ' , ,~ "p.". " -,
~"".,., ."" .
.
.
"."".,." I~l
VIN\f/\lAS~N~d, ,
J,.LNnO::) (',\"1 H:8v"n8
1.,'..1 ~I \ 'lfl'" I, (1
'1 \ :\'1 ;,'" I. v' ~ ' '
,,".'1'"
I',OIJ.LL
,y" <_ <. ~ ,'.Vc,_ ~_. "" "",_, ~.~1J'R"':'.5J1J1jrrl~.."F!!i'H~~'HHWS%~'W~liilioijllm~iIt~~rff~_~~mww~_~
and to petition to modify or terminate the guardianships created
herein.
The following special terms and conditions shall
apply to the guardians and guardianships created herein:
1. The medical assistance application shall be
completed on or before August 22, 2001, by Robert McAlicher. The
items to be furnished to the Department of Public Welfare are
those enumerated on Petitioner's Exhibit 1, a copy of which is
attached hereto and made a part hereof.
2. All of the monthly income of Sara Marie McAlicher
shall be direct-deposited to her account at West Shore Health and
Rehab Center.
3. Failure to comply with this order may be grounds
for the filing of a motion for contempt.
By the Court,
Anthony L. DeLuca, Esquire
113 Front Street
Boiling Springs, PA 17007
For the petitioner
John A. Abom, Esquire
8 South Hanover Street
Carlisle, PA 17013
Bradford Dorrance, Esquire
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
For Robert McAlicher
pcb
_H ~
- '.'--,,'
.~.
_Of,'
"--.,."
y~'
Commonwealth of Pennsylvania
Department of Public Welfare
CUMBERLAND COUNTY BOARD OF ASSISTANCE
33 Westminster Drive
P.O. Box 599
Carlisle, P A 17013-0599
Telephone 240-2744 OR 10800-269-0173 FAX: 249-0919
June 8, 2001
RE: Sarah B. McAlicher
Case: 89716
Nursing Home: West Shore Health & Rehab
Dear Mr. McAlicher,
l)XX 1) Social Security card
2)XX 2) Proof of date of birth
3)XX 3) Medical coverage membership cards
a)XX a) Health Insurance premiums (frequency and amount)
b)XX b) Medicare (red/whitelblue card)
c)XX c) Blue Cross / Blue Shield cards
d)XX d) Any other health insurance plan (s)
4)XX 4) Work history (if any in the past 5 years)
5)XX 5) Verification of assets/resources for the past 3 years (36 months)
*****BANK STATEMENTS FROM 1998 TO PRESENT******
(Acceptable types of verification are: checkbook ledger, bank statements,
Copies of items, statements from source of resource/asset)
a)XX a) Bank accounts (checking, savings, money market, etc)
b) b) Stocks, bonds, or Certificates of Deposit
c) c) Christmas Club, Vacation Club, etc.
d) d) Trust Funds
e)XX e) IRA or KEOGH or Annuities
-6)OR 6) Tax returns, including the 10990INT forms for last 3 years
7)XX 7) Verification of titles, vehicle registration (if more than one vehicle provide value of
each vehicle.
8)XX 8) All Life insurance policies (verification should include company's name, policy number,
type of policy, face amount of policy when purchased, ownership of policy and statement
on current cash value.
9) XX 9) Deed to Burial plot(s) or Statement from cemetery
10)XX 10) Copy of Burial Trust (including Statement of Irrevocability)
We have received your application for Nursing Home Medical Assistance. In order to
determine eligibility, we will need the following items as indicated. Photocopies are acceptable.
Please send the information to Doris Klingensmith by JUNE 22, 2001. Please call if you have
any questions, need help in obtaining the required information or would like to requyst.a.face-to,:
face interview. Please provide only those items marked with a XX. // ,., .' "
/
I y
, ,./ t _0
(/ i,^-.F
, /;1
~-:::--
\,
r~ .' /,/ I ,
,'yvl r(\1 \,
~ !i c,l)~'
./\ ~, i
d--t- Ii,
.~ l~, ~
_ l.-irC
--"--T - if--' , ,
,JP'~. '\
J'.(" . \~,
/\' f'l \ f'", \'J
l.. \ I' 'i\\J}
, ,VI'
,
~ PETITICJNER'$'
I EXHIBIT '
.. ..:/If
i g.g'Of fr!6
:;;i!, ,""~"-=<._ ""~ - . _ " _ ~.." ''''''~P'''!~'""r:
1-'
l'll-
"
p
,
II)XX 11) Deed to all property (if transferred or sold within the last 36 months, a copy of the
new deed and the settlement sheet for all sold property).
12) 12) ritle to mobile home
13)XX 13) Verification of any resource/asset that has been sold, traded or given away over the
last 36 months.(amount received and date received)
14)XX 14) Any medical bills you wish to have a determination made to see if Medical
Assistance would cover.
15)XX 15) Verification of all GROSS income
a)XX a) Interest income
b)XX b) Current award letter
c)XX c) Written statement from source of check
d) d) Copy of check stub
e ) e) All deductions from gross amount of check must be verified
16)XX 16) Power of Attorney or guardianship papers (if established)
17) 17) If there is a spouse living in the community the following must also be provided for
the spouse.
a) a) Verification of rent or mortgage
b) b) Taxes on property only
c) c) Insurance on home
d) d) Utility bills
e) e) Resource assessment form, if completed before application
18) 18)
By waiving the interview, you are certifying to this office, under penalty of fraud, that all
information you have provided is true, correct, and complete to the best of your knowledge. You
agree to report all changes in Ms. McAlicher's circumstfu"1ces to this office within seven (7)
days.
If determined eligible t..'1ere will be a ACCESS card issued to the Nursing home which will
cover hospital, doctor and prescription drug expenses. If you receive any medical bills for the
period after the authorization date, submit them to the Business office at the Nursing Home as
they will have possession of the ACCESS card.
You will receive a P A 162 (Notice to Appj icant) form when the case has either been authorized
or denied. The notice will inform you of the amount that you will pay monthly out of the
. resident's income, to the nursing home, or if they are not eligible, the reason.
This material is due in this office by JUNE 22, 2001. If information is not received by the
date listed, the application could be discontinued and reapplication would be necessary.
If you have any questions regarding this notice, please call Melanie Cohick AT 1-800-269-
0173 OR IN CARLISLE AT 240-2719.
s.a.
;'-'1i~
-~ , f
1-'j"l
I ,. ,~ 1
--
AREA AGENCY ON AGING,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
SARA McALICHER,
Defendant
NO. 01-2193 CIVIL TERM
IN RE: PETITION FOR APPOINTMENT OF
PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE
BEFORE OLER. J.
OPINION and ORDER OF COURT
Oler, J., August 8, 2001.
At issue in the present case is whether Sara Marie
McAlicher should be adjudicated an incapacitated person, and, if
so, who should be appointed plenary guardians of her person and
her estate. A hearing was held on the matter on Wednesday, August
8, 2001, before the undersigned judge.
Based upon the evidence presented at the hearing, and
pursuant to an agreement of counsel with respect to the order to
be entered, the following Findings of Fact, Discusison and Order
of Court are made and entered:
FINDINGS OF FACT
1. The allegedly incapacitated person is Sara Marie
McAlicher, a domiciliary of Cumberland County, who presently
resides at the West Shore Health and Rehabilitation Center, 770
Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania.
2. Ms. McAlicher was born on July 21, 1916, and is
presently 85 years old.
3. Petitioner is the Cumberland County Area Agency
on Aging, which has offices at 16 West High Street, Carlisle,
Cumberland County, Pennsylvania.
4. The allegedly incapacitated person, Sara Marie
McAlicher, has been diagnosed since December 26, 2000, with senile
-"'I"
, ,
"
! '
, -
~-~.
dementia of the Alzheimer's type.
5. As a result of the aforesaid condition, Ms.
McAlicher is an adult whose ability to receive and evaluate
information effectively and communicate decisions is impaired to
such a significant extent that she is totally unable to manage her
financial resources and totally unable to meet the essential
requirements for her physical health and safety.
6. The duration of the aforesaid condition may be
said to be uncertain, and the condition at the present time is
such as to necessitate the establishment of plenary guardianships
with respect to the person and estate of Ms. McAlicher.
7. In lieu of the absence of a more favorable
prognosis at this time, the duration of the guardianships required
may be said to be indefinite and pending further order of Court.
8. Petitioner and Ms. McAlicher's son, Robert
McAlicher, whose address is 143 Henry Road, Enola, Cumberland
County, Pennsylvania, are qualified to serve as plenary
co-guardians of Ms. McAlicher's estate, and Petitioner is
qualified to serve as plenary guardian of her person.
9. The foregoing Findings of Fact are made on the
basis of clear and convincing evidence.
10. The terms of the Order of Court accompanying
'this opinion have been agreed to by counsel for the allegedly
incapacitated person, John A. Abom, Esquire, counsel for her son,
Bradford Dorrance, Esquire, and counsel for the Petitioner,
Anthony L. DeLuca, Esquire.
-','mf"~" ~
~ ~,
.11
-
DISCUSSION
The provisions respecting an adjudication of
incapacitation have been recently amended and are contained in 20
Pa. C.S. Sections 5501 et sea. Petitioner has substantially
complied with these provisions, and based upon the forgoing
Findings of Fact the following Order of Court will be entered.
ORDER OF COURT
AND NOW, this 8th day of August, 2001, upon
consideration of the Petition for Appointment of Permanent Plenary
Guardians of the Person and Estate in the above-captioned matter,
and following a hearing at which the allegedly incapacitated
person, Sara Marie McAlicher, was present and represented by her
court-appointed counsel, John A. Ahom, Esquire, the son of Ms.
McAlicher, Robert McAlicher, was present and represented by
Bradford Dorrance, Esquire, and the Petitioner was present through
a representative and represented by its counsel, Anthony L.
DeLuca, Esquire, Sara Marie McAlicher is adjudicated an
incapacitated person, and the Petitioner, the Cumberland County
Area Agency on Aging, is appointed plenary guardian of her person;
Petitioner and Ms. McAlicher's son, Robert McAlicher, are
appointed plenary co-guardians of her estate.
The guardians are directed to file reports in
accordance with the provisions of the Probate, Estates and
Fiduciary's Code applicable to such guardians.
No bond shall be required of the guardians in this
case.
Notice is hereby provided to Sara Marie McAlicher
through this order entered in open court in her presence and in
the presence of her court-appointed counsel of her right to appeal
and to petition to modify or terminate the guardianships created
'1~,...,_
II
...,. ~ T'
herein.
The following special terms and conditions shall
apply to the guardians and guardianships created herein:
1. The medical assistance application shall be
completed on or before August 22, 2001, by Robert McAlicher. The
items to be furnished to the Department of Public Welfare are
those enumerated on Petitioner's Exhibit 1, a copy of which is
attached hereto and made a part hereof.
2. All of the monthly income of Sara Marie McAlicher
shall be direct-deposited to her account at West Shore Health and
Rehab Center.
3. Failure to comply with this order may be grounds
for the filing of a motion for contempt.
By the Court,
/s/ J. Wesley Oler. Jr.
J.
Anthony L. DeLuca, Esquire
113 Front Street
Boiling Springs, PA 17007
For the Petitioner
John A. Abom, Esquire
8 South Hanover Street
Carlisle, PA 17013
Bradford Dorrance, Esquire
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
For Robert McAlicher
pcb
'"ell
, ..." -~,i'~
-)>
1.[ :
,:.1
-
AREA AGENCY ON AGING,
Plaintiff
v.
SARA McALICHER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 01-2193 CIVIL TERM
IN RE: PETITION FOR ACCESS TO RECORDS
BEFORE OLER. J.
ORDER OF COURT
AND NOW, this 8th day of August, 2001, upon
consideration of Petitioner's petition for Access to Records, and
the Court having appointed guardians of the person and estate for
Sara Marie McAlicher on this date, and with the consent of
Petitioner's counsel, the petition is deemed moot.
Anthony L., DeLuca, Esquire
113 Front Street
Boiling Springs, PA 17007
For the petitioner
John A. Abom, Esquire
8 South Hanover Street
Carlisle, PA 17013
Bradford Dorrance, Esquire
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
For Robert McAlicher
pcb
$;.t;,(,
By the Court,
o
c
~rt
~~
,-'
~-
~~~
z
~
~ ~ Y./~.{'JI
CJ-
.~-',
'..-'
(:1
t..,..
c')
C)
~. ";~'-i
, ',.-
-":j
::...:r._~}
, -Tl
-"1
; -.:!(=:}
(~Y'\I
....f
;J.2-
~
(,)
-
k,
0_&1
~ <~. ..7',' ,.,
"" ,,~.~,'_ ~?~, ~,_H_
r- ,_.41... ~
-', ., ~ . ~, '! '.,
'." ~-- ,..- .',0:;',>.0' ~".,- " .<"-",.-,', '1----'.'\.-...,'C.dhl&r(t;&t'r.~ffi~tTI::'iEl~\t.~'>-'ITJTh""',.Pf]'0'i1'~1
~
~ml~~~~w{'$l\~ij~~~~~~~~-:~~~
"
AREA AGENCY ON AGING,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS,
: NO. 01-2193
: CIVIL ACTION - LAW
SARA McALICHER,
Respondent
: OLDER ADULTS PROTECTIVE
: SERVICES ACT
ORDER
?/~ ~!
AND NOW, to wit, this \". day of J.., '1 ,2001, it is ORDERED and
DECREED that the within Petition be heard on the ~fl, day of ~L.t ,2001, at
I ;.30 t .M o'clock, in Courtroom No. I at the Cumberland County Courthouse,
Carlisle, Pennsylvania.
BY THE COURT:
'Y
t~l.tt ~
1"\
""'JRll'>I'I~__ ,_",
["-J - ,
,_I J
, ,
_..-.'<IIJ',"",
i
~?lll
~~" ~
.
_ L "'~
M..
,~ .~U" ~ .~ """_<C'
.~~
.
_~_,^-,~. _J
. , " ' ~,
,,-
.'
IL
\"::j\;"J;\~jjCt\J;'" I
,.j",,; \ <11,.':1', j',,_'"
Jnr-."....~ _. :::.;~:~,."
" ,- -. . :-;'r.,~/1.!r()
- "
~'):j : (i
;,
",' +_I~m~~"""n(u,_~,..~~IJ'Ti
:1 !
"
." l
',',i':,'/", ' ~
il}
I::
1,-"
.."_,.';:_"i'lIii~f.<f':i~wr"',~",,;
'" ",. ~ .-"~----- ,,~. " '- ~ .""" ~-~,~, ,. ,,~, ~'"
~i?ii-~'''':,+''\:
-"'--PJi:"~J!",,;~,;i',lilAA"'i1:!i'J!ml~'1!iHf~,j)j!\'ijl~~~~~~~~
.' ,
AREA AGENCY ON AGING,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS.
: NO, 01,2193
: CNIL ACTION ' LAW
SARA McALICHER,
Respondent
: OLDER ADULTS PROTECTIVE
: SERVICES ACT
PETITION FOR ACCESS TO RECORDS
AND NOW, this
day of July, 2001, comes the Area Agency on Aging, in
and for Cumberland County, Pennsylvania, by its solicitor, Anthony 1. DeLuca, Esquire,
and files this Petition based upon the following:
1.
Petitioner is the Area Agency on Aging, in and for Cumberland County,
Pennsylvania, with its principal office at 16 West High Street, Carlisle, Cumberland
County, Pennsylvania.
2.
Sara McAlicher is an older adult, 84 years of age, who has been a resident of the
West Shore Health and Rehabilitation Center located at 770 Poplar Church Road, Camp
HilI, Cumberland County, Pennsylvania since June 7, 2000.
3.
Sara McAlicher has a son by the name of Robert McAlicher who resides at 143
Henry Road, Enola, Cumberland County, Pennsylvania.
4.
On or about April 12, 2001, Petitioner filed a Petition for Access to Records and,
by Order of Court, the Petition was scheduled to be heard on April 26, 2001 at 9:00 A.M.
in Courtroom No.1.
7f~" ,n. :tI
I --I',' '~.," . r
~~,~;
'.
5.
On April 26, 2001, upon consideration of the Petition for Access to Records and
pursuant to an agreement reached in chambers by counsel for the various interested
parties, the Respondent's son, Robert McAlicher, was directed, within twenty (20) days
to provide counsel for the Petitioner with certain information or materials as stated in said
Order, a copy of which is attached hereto, marked as Petitioner's Exhibit "A", and
incorporated herein by reference.
6.
The Respondent's son has provided some of the requested information but has
failed to comply completely with said Order resulting in Petitioner's continuing inability
to fully assess Sara McAlicher as required by the Older Adults Protective Services Act,
35 Pa. C.S.A. I 0217( d).
7.
Petitioner has requested the additional information but has yet to receive it.
8.
Petitioner avers that Robert McAlicher is in violation of the Order of Court dated
April 26, 2001.
WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an
Order directing that a Hearing be held on Petitioner's initial Petition for Access to
Records.
"4\.<.$l1~_.
-~ .'1 1 '
-
r'~ .__'fi'~\f
'.
Respectfully submitted,
Dated: ~r.<; ...,t~". I
{I , I
'!,II\~
,,,"p -"
c~r?:"~
Anthony 1. D a, Esqrnre
P.O. Box 358
113 Front Street
Boiling Springs, Pennsylvania 17007
Attorney for Petitioner
(717) 258-6844
'1""1 "
"
"-~ l~'~""""""'"'''''''''''~
"~~~_l
'c .
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
Access to Records are true and correct to the best of my knowledge, information, and
belief. I understand that any false statements contained herein are subject to the penalties
of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Dated: ~ilid- 13) nlO 0 I
AJLW() g Do /1 JjJ~
Priscilla Whitman
,:,-",0" "'''~
!-1 "
I
~'"
'.
AREA AGENCY ON AGING,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
SARA McALICHER,
Respondent
No. 01-2193 CIVIL TERM
ORDER OF COURT
NOW, this 26th day of April, 2001, upon
AND
consideration of the Petition for Access to Records filed
in the above-captioned matter, and pursuant to an agreement
reached in chambers of the undersigned judge by counsel for
the various interested persons or agencies in the persons
of Anthony L. DeLuca, Esquire, on behalf of the Petitioner,
Area Agency on Aging in and for Cumberland County, John A.
Ahom, Esquire, Court-Appointed Counsel for the Respondent,
Sara McAlicher, and Bradford Dorrance, Esquire
(participating by telephone), counsel for Robert McAlicher,
the Respondent's son, it is ordered and directed that
within 20 days of today's date, Robert McAlicher provide to
counsel for the Petitioner the following information or
materials:
1. The name of the bank(s) and financial
institutions(s) where Sara McAlicher's accounts are being
held;
2. Source and amount of Sara McAlicher's
income;
3. Documentation on what monies were spent
towards Sara McAlicher's care at West Shore Health and
i::1r'/I/J, t i- l(?!- ~
""it m~,
!'" :'
~~._~,~ ,
~
Rehabilitation;
4. Copies of all bank and financial
institution statements, including deposit slips and
cancelled checks since her entry into West Shore Health and
Rehabilitation; and
5. Documentation of ownership of the house
located at 143 Henry Road, Enola, Pennsylvania, 17025.
Petitioner shall share the information and
materials received with counsel for Respondent.
By the Court,
r I; ,//
tv! ,,-4/
J i We~sley ~, ,
Anthony DeLuca, Esquire
113 Front Street
Boiling Springs, PA 17007
Fo~ the Petitioner
John A. Abom, Esquire
8 South Hanover Street
Ca~lisle, PA 17013
Court-Appointed Counsel for the Respondent
Br~dford Dorrance, Esquire
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
For Robert McAlicher
wcy
'v~~~_"' ^,"_
- ,
f j
""',~--
.
'.
.
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a true and correct copy of the foregoing document
was mailed this date by depositing same in the possession of the United States Postal Service by
first class mail, postage prepaid, addressed to the following:
Bradford Dorrance, Esquire
210 Walnut Street
P.O. Box 11963
IIanisburg,Pi\.17108-1963
And
John A. Abom, Esquire
8 South IIanover Street
Carlisle, P A. 17013
Dated: 7 Ii r1"(
~jfA~
tliony 1. D uca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, P A 17007
(717) 258-6844
"'~!li!l.... ~.^ ,,'~
, I
-
,.
VS.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 01-2193
: CIVIL ACTION ' LAW
AREA AGENCY ON AGING,
Petitioner
SARA McALICHER,
Respondent
: OLDER ADULTS PROTECTIVE
: SERVICES ACT
ORDER
AND NOW, to wit, this \ 31~day of S... ['( ,2001, it is ORDERED and
DECREED that the within Petition be heard on the fjtL day of ~,LL ,2001, at
/ :.30 / .M o'clock, in Courtroom No. I at the Cumberland County Courthouse,
Carlisle, Pennsylvania.
BY THE COURT:
~
~
~
~"',~~ ., ",'1m1 .
~ ,~,
,', ,-,
,
~~
:'"",,1iiI'l],.R}!!'il
,.
AREA AGENCY ON AGING,
Petitioner
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VS,
NO. 01,2193
: CIVIL ACTION ,LAW
SARA McALICHER,
Respondent
: OLDERADULTSPROTECTIVE
: SERVICES ACT
PETITION FOR ACCESS TO RECORDS
AND NOW, this
day of July, 2001, comes the Area Agency on Aging, in
and for Cumberland County, Pennsylvania, by its solicitor, Anthony 1. DeLuca, Esquire,
and files this Petition based upon the following:
1.
Petitioner is the Area Agency on Aging, in and for Cumberland County,
Pennsylvania, with its principal office at 16 West High Street, Carlisle, Cumberland
County, Pennsylvania.
2.
Sara McAlicher is an older adult, 84 years of age, who has been a resident ofthe
West Shore Health and Rehabilitation Center located at 770 Poplar Church Road, Camp
Hill, Cumberland County, Pennsylvania since June 7, 2000.
3.
Sara McAlicher has a son by the name of Robert McAlicher who resides at 143
Henry Road, Enola, Cumberland County, Pennsylvania.
4.
On or about April 12, 2001, Petitioner filed a Petition for Access to Records and,
by Order of Court, the Petition was scheduled to be heard on April 26, 2001 at 9:00 A.M.
in Courtroom No.!.
, - ~ " -.
1 f
,""
\ i
'*"~~ "-~
,
5.
On April 26, 2001, upon consideration of the Petition for Access to Records and
pursuant to an agreement reached in chambers by counsel for the various interested
parties, the Respondent's son, Robert McAlicher, was directed, within twenty (20) days
to provide counsel for the Petitioner with certain information or materials as stated in said
Order, a copy of which is attached hereto, marked as Petitioner's Exhibit "A", and
incorporated herein by reference.
6.
The Respondent's son has provided some of the requested information but has
failed to comply completely with said Order resulting in Petitioner's continuing inability
to fully assess Sara McAlicher as required by the Older Adults Protective Services Act,
35 Pa. C.S.A. 10217(d).
7.
Petitioner has requested the additional information but has yet to receive it.
8.
Petitioner avers that Robert McAlicher is in violation ofthe Order of Court dated
April 26, 2001.
WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an
Order directing that a Hearing be held on Petitioner's initial Petition for Access to
Records.
I !'
,. '"
Dated: J1 ({ "t~n I
{j' ,
~:I~ _ ~_.
,'",
11-'! ~ f-
Respectfully submitted,
~/ /11 C/J
"l1A. . ~ .. X -IC~-tu:7;-c~
Anthony 1. D L a, Esquire
P.O. Box 358 l-
IB Front Street
Boiling Springs, Pennsylvania 17007
Attorney for Petitioner
(717) 258-6844
-.,-
"~,
,.~
<; ".!
.'
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
Access to Records are true and correct to the best of my knowledge, information, and
belief. I understand that any false statements contained herein are subj ect to the penalties
of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities.
Dated: ~J O'(f-I,~ l 0100 I
A 1l~(1 P Pa. /1 J.JuTlYflallU
Priscilla Whitman
,.'
" I
I'f,
~~~~
,-
~~-qf _ ~
AREA AGENCY ON AGING,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
SARA McALICHER,
Respondent
No. 01-2193 CIVIL TERM
ORDER OF COURT
NOW, this 26th day of April, 2001, upon
AND
consideration of the petition for Access to Records filed
in the above-captioned matter, and pursuant to an agreement
reached in chambers of the undersigned judge by counsel for
the various interested persons or agencies in the persons
of Anthony L. DeLuca, Esquire, on behalf of the Petitioner,
Area Agency on Aging in and for Cumberland County, John A.
Abom, Esquire, Court-Appointed Counsel for the ~espondent,
Sara McAlicher, and Bradford Dorrance, Esquire
(participating by telephone), counsel for Rober~ McAlicher,
the Respondent's son, it is ordered and directed that
within 20 days of today's date, Robert McAlicher provide to
counsel for the Petitioner the following information or
materials:
1. The name of the bank(s) and financial
institutions(s) where Sara McAlicher's accounts are being
held;
2. Source and amount of Sara McAlicher's
income;
3. Documentation on what monies were spent
towards Sara McAlicher's care at West Shore Health and
-t:1ri/ /6 t i- l.(?fJ
l:-
11 I,
,
, ,-
~
-~,.
., ,=~
Rehabilitation;
4. Copies of all bank and financial
institution statements, including deposit slips and
cancelled checks since her entry into West Shore Health and
Rehabilitation; and
5. Documentation of ownership of the house
located at 143 Henry Road, Enola, Pennsylvania, 17025.
Petitioner shall share the information and
materials received with counsel for Respondent.
By the Court,
J
Anthony DeLuca, Esquire
113 Front Street
Boiling Springs, PA 17007
For the Petitioner
John A. Abom, Esquire
8 South Hanover Street
Carlisle, PA 17013
Court-Appointed Counsel for the Respondent
Bradford Dorrance, Esquire
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
For Robert McAlicher
wcy
-
'~I I ,! .
CERTIFICATE OF SERVICE
The undersigned does hereby certify that a true and correct copy of the foregoing document
was mailed this date by depositing same in the possession of the United States Postal Service by
first class mail, postage prepaid, addressed to the following:
Bradford Dorrance, Esquire
21 0 Walnut Street
P.O. Box 11963
Harrisburg, PA. 17108-1963
And
John A. Abom, Esquire
8 South Hanover Street
Carlisle, P A. 17013
Dated: 7;/;iJ / Ifl
/ I
17007
--'1"'1-'
! .
~"I
SHERIFF.' S RETURN - REGULAR
, CASE NO: 2001-02193 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
AREA AGENCY ON AGING
VS
MCALICHER SARA
DAWN KELL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within ORDER AND PETITION
was served upon
MCALICHER ROBERT
the
RESPONDENT
, at 0016:56 HOURS, on the 23rd day of April
2001
at SUMMERDALE PLAZA
ENOLA, PA 17025
by handing to
ROBERT MCALICHER
a true and attested copy of ORDER AND PETITION
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
9.30
.00
10.00
.00
37.30
?~~~~<
R. Thomas Kline
04/24/2001
Sworn and Subscribed ,to before
me this 1. '-l~ day of
I
I . obi A.D.
By: "'" -J \!..
'U a.uYr\ a lZL.UL
Deputy Sheriff
A>.
(=XJ1 7r
'_1;;"""'<I-~<""=>
_.~_fjflIjt _ ~ e<.""N ~
Ii :'
I
~~'""~-y
AREA AGENCY ON AGING,
Petitioner
: IN TIlE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 01- a /13 ~'~ll
: CIVIL ACTION - LAW
VS.
SARA McALICHER,
Respondent
: OLDER ADULTS PROTECTIVE
: SERVICES ACT
ORDER
AND NOW, to wit, this 1'2.tt;day of 1\f' ~ ~ ,2001, it is ORDERED and
DECREED that the within Petition be heard on the 1...,)l day of #I f t" L 2001, at
(too fA.M o'clock, in Courtroom No.
Carlisle, Pennsylvania,
..T 0 ~ n '/1. ~ to e> ~ 'ij~ shall be appointed to represent the older
.J 1')
adult, Sara McAlicher, at this hearing.
{ at the Cumberland County Courthouse,
BY THE COURT:
(j
S;
~'~I;l>
() /). ;" I .
~r:>f G-, OG ---Ie) 41-( L'L~
af 7 /h~~ LecC -Jo D~
-<i/t;;jOt ~I
'"
I,e_;
z:
-;:'"1
~~;
2;::(')
5~~~
,.;
=-<
"'t"""" . ^'~ <",,~P'7' -3?-""";~, "-~, --~~.' ~ -.''", _ ~" ,- I "I '.,,,"f-,c' _,L___, - '10' , " ", c,. _ t
r'T
('-1
I
\1,::.)
:;:"
;--i;?\
c /
I
\,0
:J.j.
-,
Respondent
: IN TIIE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 191.2/93 {3;x.J '1~
: CIVIL ACTION -LAW
: OLDER ADULTS PROJECTIVE
: SERVICES ACT
AREA AGENCY ON AGING,
Petitioner
VS,
SARA McALICHBR,
PETITION FOR ACCESS TO RECORDS
AND NOW, this!#!- day of April, 2001, comes the Area Agency on Aging, in
and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire,
and files this Petition based upon the following:
1.
Petitioner is the Area Agency on Aging, in and for Cumberland County,
Pennsylvania, with its principal office at 16 West High Street, Carlisle, Cumberland
County, Pennsylvania.
2.
Sara McAlicher is an older adult, 84 years of age, who has been a resident of the
West Shore Health and Rehabilitation Center located at 770 Poplar Church Road, Camp
Hill, Cumberland County, Pennsylvania since June 7, 2000.
3.
Sara McAlicher has a son by the name of Robert McAlicher who resides at 143
Henry Road, Enola, Cumberland County, Pennsylvania,
4.
Petitioner believes and therefore avers that the older adult, Sara McAlicher, and
her son own the residence at 143 Henry Road, Enola, Pennsylvania and that the older
adult and son also share a bank account.
,'; ~
"e-'
'." ~ -
;i~11 " ~,.- ~ -
-, -' I ~
"--
'-,.
5.
Petitioner further alleges that the Social Security checks of Sara McAlicher are
being sent to her residence where her son resides and not to the nursing home where said
Social Security checks are needed to pay for her care.
6.
Robert McAlicher has refused to forward his mother's Social Security checks to
West Shore Health and Rehabilitation Center to help pay for her care despite requests for
him to do so,
7.
Petitioner has determined that the outstanding balance due and owing to West
Shore Health and Rehabilitation Center as of April 11, 2001 is $27,673.55 and that no
payment has been made for the care of Sara McAlicher since she became a resident of the
facility,
8,
The son of Sara McAlicher, Robert McAlicher, was contacted on February 13,
200 I and asked that he provide specific financial information regarding his mother in
order that an application for medical assistance could be filed for his mother but, as of
this date, he has failed to provide the requested information.
9.
Petitioner subsequently sent Robert McAlicher two (2) letters requesting specific
financial information about his mother, one of which was by regular mail and to which no
11.
"'~.--;"', ,~,-,
.-,'
~I I' " ,-'1'
,"'l- 'I"
-'r-__
-....".,.....,,..,,~,
response has been received and one of which was by "Certified" mail and which was
later returned as "unclaimed."
10,
A Psychiatric evaluation on December 24, 2000 indicates that Sara McAlicher:
A, Has a history of dementia and failure to thrive;
B, Is confused, but pleasant;
C, Does not ambulate independently and uses a wheel chair; and
D, Is disoriented as to day, date, month, year, and place.
11.
Unless Sara McAlicher's Social Security benefits are forthcoming and unless her
son provides the necessary financial infonnation to file an application for Medical
Assistance, the older adult, Sara McAlicher, who is in need of the care provided by West
Shore Health and Rehabilitation Center may be placed at imminent risk of death or
serious physical harm if compelled to leave the facility.
12,
The failure of Robert McAlicher to cooperate in providing the requested financial
infonnation precludes Petitioner from fully assessing Sara McAlicher as required by The
Older Adults Protective Serviced Act, 35 Pa, C,S.A.10217(d).
WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an
Order pursuant to the Older Adults Protective Services Act providing relief, including but
not limited to, directing Robert McAlicher, son of the older adult, Sara McAlicher, to
;,i"5'1~
,", ,--, -,,- .~- '.'- , . ".,- '-'" - - -'_; ";'1" r -,,, ~- -
- ,-1'
-
immediately comply with the request of the Petitioner to provide Petitioner with access to
all financial records of Sara McAlicher.
Respectfully Requested
DATED~ / 'fo1(MI
a~~~~
Anthony 1. D ca'
P,O. Box 358
113 Front Street
Boiling Springs, P A 17007
Attorney for Petitioner
.",~
'~" -,"(~,;,,:~,,-, -, - "",.".., ' - " -~, 01.', ~-,', _,' ,_" .
,. -' -"'-."-'-! -,
, . ~,
.
VERIFICATION
I hereby verify that the facts and infonnation set forth in the foregoing Petition for
Access to Records are true and correct to the best of my knowledge, information, and
belief I understand that any false statements contained herein are subject to the penalties
of 18 Pa. C,S, Section 4904, relating to unsworn falsification to authorities.
Dated: OfAJ..j / a I ClOOf
R A 1.0.1' 1 P () 0 1.1 ))uf/Yfl1l/Yl.;
Priscilla Whitman
''"--
- , ,_~"__",,,, d , "
rr '"
~,- ~- - '1 - - ..
"I
-r _
",r
f! '-
I
AREA AGENCY ON AGING,
petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
SARA McALICHER,
Respondent
No. 01-2193 CIVIL TERM
ORDER OF COURT
NOW, this 26th day of April, 2001, upon
AND
consideration of the Petition for Access to Records filed
in the above-captioned matter, and pursuant to an agreement
reached in chambers of the undersigned judge by counsel for
the various interested persons or agencies in the persons
of Anthony L. DeLuca, Esquire, on behalf of the Petitioner,
Area Agency on Aging in and for Cumberland County, John A.
Abom, Esquire, Court-Appointed Counsel for the Respondent,
Sara McAlicher, and Bradford Dorrance, Esquire
(participating by telephone), counsel for Robert McAlicher,
the Respondent's son, it is ordered and directed that
within 20 days of today's date, Robert McAlicher provide to
counsel for the Petitioner the following information or
materials:
1. The name of the bank(s) and financial
institutions(s) where Sara McAlicher's accounts are being
held;
2. Source and amount of Sara McAlicher's
income;
3. Documentation on what monies were spent
towards Sara McAlicher's care at West Shore Health and
,. "~ ',"i"- v,.' _" '~'_;,_ "^ '_<' .
<-1,
1'-;
-"""""""'".
i
I
I'
,
,
I
I
Ii
I
I
I
I
II
I
Ii
1"
II
1.1
,,,,,,"
--
, 11I!INI!!1IIF~~l!i~~~
-"
..
I
VINVAlASNN3d
Al.J\)nO~) (1"',!'fl'F]8~~Jno
ZE::11~4~ I-A~I~IO
On :.~ :lO
.,
, ,ww~.
~!t!t"l,"~,9ill~:t-!"!~,j~lN('i' r'-_N';!'Wl"''E~"!;~~~''~~~~l!',Wl'i!!ll'~~~f!!I!l'!!~~!$IlWiJI,
~ ", ,,-.
,
'~_IjI!W'7 ~,
Rehabilitation;
4. Copies of all bank and financial
institution statements, including deposit slips and
cancelled checks since her entry into West Shore Health and
Rehabilitation; and
5. Documentation of ownership of the house
located at 143 Henry Road, Enola, Pennsylvania, 17025.
Petitioner shall share the information and
materials received with counsel for Respondent.
By the Court,
J
Anthony DeLuca, Esquire
113 Front Street
Boiling Springs, PA 17007
For the Petitioner
~
~I'O\ ;k
John A. Abom, Esquire
8 South Hanover Street
Carlisle, PA 17013
Court-Appointed Counsel for the Respondent
Bradford Dorrance, Esquire
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
For Robert McAlicher
wcy
-~^' - "
, -I "I' -J" . ~r " T
,",
-