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HomeMy WebLinkAbout99-05465 ?? pa c t 1. 4 I 1 ) t-AL ,P n tiQ A 1 f?h) . o ? C?2ti? k ?i >` ,a t2 . rA t ' ` i;z a? S d i 1 CUMBERLAND COUNTY AREA AGENCY IN THE COURT OF COMMON PLEAS ON AGING, Petitioner OF CUMBERLAND COUNTY, PENNSYLVANIA n VS. NO. 49-wU5 CIVIL ACTION - LAW BETTE R. GETHING, Respondent OLDER ADULTS PROTECTIVE SERVICES ACT 0 R D E R AND NOW, to wit, this 8-M day of September, 1999, it is ORDERED and DECREED that the within Petition be heard on the jPAN01 day of Q eA , 1999, at O .N o'clock, in Courtroom No. 3 at the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE CO J 5 '3 CUMBERLAND COUNTY AREA AGENCY ON AGING, Petitioner VS. BETTE R. GETHING, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- 5QP5 CIVIL ACTION - LAW OLDER ADULTS PROTECTIVE SERVICES ACT PETITION FOR ACCESS TO RECORDS AND NOW, the Petitioner, Cumberland County Area Agency on Aging, by its Solicitor, Anthony L. DeLuca, Esquire, pursuant to the provisions of the Older Adults Protective Services Act, 35 P.S. Sec. 10225.304 !at sea., respectfully represents as follows: 1. The Petitioner, Cumberland County Area Agency on Aging (CCAAA), with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania, is the local provider of protective services for older adults in Cumberland County. 2. The Respondent, Bette R. Gething, is an older adult, age 82, who resides at 2605 Market Street, Camp Hill, Cumberland County, Pennsylvania. 3. The Respondent had resided at the above Market Street address with her brother for many years and, before her brother's death, he hired an individuai by the name of Kathy Grucz to assist with the house cleaning. 4. After her brother's death, the Respondent allowed Kathy Grucz to move into her house along with her son. 5. On or about January 29, 1998, the Petitioner received a report that Kathy Grucz, now the Respondent's care giver, would not allow her to return home from Country Meadows, a Personal Care Home where Respondent was recovering from a fall. 6. Subsequently, Petitioner, through its authorized representatives, contacted Kathy Grucz who advised that she had an Agreement with the Respondent wherein she would be paid $12.50 per hour for a total of $950.00 a week. 7. The care giver, Kathy Grucz, advised the representatives of the Petitioner that, while Respondent had been a patient at Country Meadows, she was paying herself only $500.00 per week. 8. The Petitioner further determined that the care giver, Kathy Grucz, was residing in the house rent free. 9. On or about February 19, 1998, the Respondent advised the Petitioner's authorized representatives that the Agreement with lathy Grucz called for her to pay the wage of $10.00 per hour for 7 to 8 hours a day which would total approximately $560.00 a week and this wage of $560.00 was paid prior to Kathy Grucz moving into Respondent's residence. 10. The Respondent further advised during the interview of February 19, 1998 that once Kathy Grucz moved into her residence payment for her services was to be in the form of room and board only. 11. During the February 19, 1998 interview, the Respondent also stated that she had requested on many occasions for Kathy Grucz to bring in her check book, the check book register, and receipts, but Kathy Grucz would never comply. 12. On or about June 3, 1999, the Petitioner received a report that Respondent: A. Did not know where her money was going; and B. Had no access to her accounts. 13. In the report to Petitioner received on about June 3, 1999, it was alleged that Kathy Grucz was purchasing expensive items without the consent of the Respondent and that Respondent felt like she was a prisoner in her own home and did not want Kathy Grucz residing in the house with her. 14. Further investigation by Petitioner indicates: A. That there were things in Respondent's house that she did not buy or authorize Kathy Grucz to purchase; B. That Respondent felt that there was mismanagement of her funds; and C. That Respondent did not want to go back home because she was afraid of Kathy Grucz. 15. On or about June 15, 1999, the Respondent received a psychiatric evaluation and she appeared depressed stating, "I don't care if I live or die" and when asked if she was receiving adequate care prior to her admission to the hospital, she stated, "I will keep my mouth shut." 16. The findings of the psychiatric evaluation were as follows: A. Dementia, Alzheimers type late onset; and B. Delusional features. 17. Thereafter, on June 21, 1999 and again on July 6, 1999, the Petitioner forwarded certified letters to Kathy Grucz requesting financial documentation and an attempt was also made to contact Kathy Grucz by telephone. 18. On or about June 28, 1999, the Petitioner's authorized representative determined that the Respondent would be ready for discharge by the hospital and that the hospital had sent a certified letter to Kathy Grucz and had attempted several telephone calls to contact her without success. 19. The hospital had attempted to get in contact with Kathy Grucz for over a month and it was not until approximately July 16, 1999 that contact was made with Kathy Grucz through her attorney. 20. On or about June 30, 1999, the Petitioner's authorized representative contacted the Respondent and she stated: A. That Kathy Grucz took over when she moved into the house, especially in the area of finances; B. That Respondent did not know her own income or what her assets were; C. That Respondent does not know how much money Kathy Grucz is paying herself; and D. That Kathy Grucz never discusses finances with her. 21. On or about July 14, 1999, the Respondent, during an interview with Petitioner's authorized representatives, signed a statement indicating that she no longer wanted Kathy Grucz in her house and that she wanted Kathy Grucz to turn over the Respondent's financial records to Petitioner. 22. On or about July 17, 1999, Petitioner's authorized representative was informed by the treating psychiatrist that Respondent's cognitive ability is impaired to the point that she cannot care for herself or make decisions. 23. On or about July 17, 1999, Petitioner's authorized representative received a telephone call from Attorney Austin Grogan indicating that he was retained to represent Kathy Grucz and that, together with her, they were in the process of compiling the financial information that had been requested. 24. During the course of an interview in 1998, Kathy Grucz provided the Petitioner with a list of checks that she had written, copies of which are attached hereto, incorporated herein by reference and marked as Petitioner's Exhibit "A". 25. A review of the records as setforth in Petitioner's Exhibit "A" a large number of checks being issued to Kathy Grucz for substantial sums of money. 26. Additional attempts to obtain the requested financial information through attorneys representing the Respondent and Kathy Grucz have been unsuccessful. 27. Petitioner believes and, therefore avers, that Kathy Grucz has taken complete control of Respondent's finances without the permission of Respondent and has provided no accounting to Respondent of her finances from the time that she moved into the residence after the death of Respondent's brother. 28. Petitioner believes and, therefore avers, that there may be financial exploitation of the Respondent by Kathy Grucz. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order pursuant to the Older Adults Protective Services Act directing that the Kathy Grucz provide: 1. Complete access to Respondent's financial records, including but not limited to access to her check book(s), check book(s) register(s), all checks from said check book(s), monthly checking account statements and any other accounts Respondent has had from the time that Kathy Grucz moved into Respondent's residence to the present; and 2. A list of all bank accounts in the name of the Respondent that have been opened and/or closed by Kathy Grucz since she has resided with the Respondent. DATED: p f D Anthony L. Luca P.O. Box 358 113 Front Street Boiling Springs, PA 17007 Attorney for Petitioner VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition 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: ?e Sy X499 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: Austin Grogan, Esquire - Attorney for Kathy Grucz 24 N. 32nd Street Camp Hill, Pennsylvania 17011 Michael D. Rentscheler, Esquire - Attorney for Bette R. Gething 1300 Market Street, Suite 200 Lemoyne, Pennsylvania 17043 Dated: BY: _ Anthony eLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 u, 0 4 w n IN 1 1 r iy i ? lv n, l ,1 ,J Qv M M a h^ M M ?'1 M M t) M u. v" w v a 'j ?• r ...n _...__.. .... ; _..: ..._. _ r N Z_` ?.. N?.N 'Y N J ''1 C r f` C? 1. r. 1` {? r r r r W?k ,ip a -o ? e J?? °? a V It S Q^ s i t o0 ?`1 l; a. M M `? n? "1 M n "1 M rl.^1. n '" r. ^'. F1 rp °I Ntp roI r1 v `IL, 11 ?1 1q L J. f ?1 y w ?' ?' it S 7? \ Cp 1 0 ?. v Vl t? 1 .1 \ 3 ; ,,? cJ r1 d p_ y ti V ,. '? .Z 00 ^? °O Z ea ap m Y X- W W Y . c, eo ?' . rv. M. M M M ^'1 M r.. ,,,1,r?. • h. ?:1 n n. M. (1 v. 1., T U` d ?v S TAT S \r j y^• P ?r ?-? a?a,rwu- q may- n ???'? a-?C ?L•C-C .7 cv 3W7rz?t `l? t, .?. Ir, w T 1,' ?? m? y \? m r r. IF ?. r CI n r r n CI 'It 1 EXHIBIT "A" I(lil • 'o' S- I 1 I 1 ? 18 ?, j? 4 °°D 94 ?0 pa 0?p w M n I M h• f?!, M 1'•?, rl M ':i i• eo p'? 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GETHING, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5465 CIVIL TERM OLDER ADULTS PROTECTIVE SERVICES ACT IN RE: PETITION FOR ACCESS TO RECORDS ORDER OF COURT AND NOW, this 22nd day of October, 1999, by agreement of counsel, the following interim order is entered: 1. Kathy Grucz is directed to turn over all financial records in her possession, under her control, or in the household to Respondent's counsel, Michael Rentscheler, Esquire, by the close of business on October 29, 1999. Nothing contained herein shall be deemed a waiver of Ms. Grucz's rights against self incrimination. She need not answer any questions without the presence of counsel and/or contrary to his advice. 2. Kathy Grucz is enjoined from taking any action under the financial power of attorney granted to her by the Respondent, Bette Gething, until further order of this Court. Michael Rentscheler, Esquire, shall act pursuant to said power of attorney making him then alternate power of attorney. r 3. Michael Rentscheler, Esquire, as attorney in fact for the Respondent, Bette R. Gething, is directed to compile all of her financial records from January 1, 1996, to present in order to have a comprehensive audit of income and expenditures. He is further directed to share this information with Petitioner, Cumberland County Area Agency on Aging, and to provide them with any other information, and/or access to records they may request. If he objects to the providing of any such information, he may do so by filing a petition with this Court. This Court will retain jurisdiction over this matter. We will schedule a further hearing at the request of any party. By the Court, Edward E. Guido, J. Anthony L. DeLuca, Esquire For the Petitioner Austin F. Grogan, Esquire For Kathy Grucz Michael D. Rentscheler, Esquire A For Bette R. Gething :mae Io/al)CH. 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