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HomeMy WebLinkAbout01-6195RUTH I. BRANT, Plaintiff VS. CUMBERLAND COUNTY OFFICE OF AGING AND COMMUNITY SERVICES, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 01~ (~lq5-'~ CIVIL ACTION - LAW NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the fo llowing pages, you must take action within twenty (20) days alter this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 RUTH I. BRANT, Plaintiff VS. CUMBERLAND COUNTY OFFICE OF AGING AND COMMUNITY SERVICES, INC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. : CIVIL ACTION - LAW COMPLAINT COUNT I CONVERSION 1. PlaintiffRuth I. Brant is an adult individual who is suijuris and resides at 108 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant Cumberland County Office of Aging and Community Services is a County Agency charged with the responsibility of acting for the welfare of the elderly with an address of Court House, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania 17013. 3. At all times material hereto, Plaintiff was the owner of a Savings Account //87005313603825, and a Checking Account #950722568 at the Allfirst Bank, Summerdale pla:s, Enola, Pennsylvania. 4. On October 25, 2001, without Plaintiff's consent, Defendant Office of Aging withdrew all the monies from said accounts, and converted said monies to its own use. 5. On October 26,2001, Plaintiff executed a revocation of a Power of Attorney pre- viously given to Defendant by Plaintiff. Said revocation is attached as Exhibit "A". Said Power of Attorney is attached as Exhibit "B". 6. On October 26, 2001, Plaintiff, through her attorney, notified Defendant of the execution of said revocation oftbe Power of Attorney given to Defendant and demanded the return of said monies taken fi.om her accounts. 7. Defendant has refused to return said monies to Defendant. 8. Plaintiff is legally within her fights to revoke said Power of Attorney and is entitled to the return of said monies. 9. Plaintiff desperately needs said monies to pay for her living expenses and to pay for prescription drugs which are vital to her health. The conversion of said funds by Defendant has caused Plaintiff great emotional 10. distress. 11. own use. 12. damages. Defendant has breached its fiduciary duty to Plaintiffby converting said funds to its Said conversion of said funds is willful and maliciousjusfify/ng an award of punitive WHEREFORE, Plaintiff prays that Defendant be Ordered to return said funds which were unlawfully converted and requests the following reliei~ a) A return oftbe monies taken from said accounts; b) Compensatory damages for said unlawful conversion; c) of said funds; and d) Punitive damages from Defendant for said willful and malicious conversion Attorney's fees. 15. 16. own use. COUNT II BREACH OF FIDUCIARY DUTY 13. Plaintiff incorporates by reference the averments set forth in Paragraphs 1 through 12 of this Complaint as if said averments were fully set forth at length heroin. 14. Defendant has converted said monies from said bank accounts to its own use without Plaintiff's permission. Defendant has refused to remm said monies to Plaintiffdespite demands by Plaintiff. Defendant has breached its fiduciary duty to Plaintiff by converting said funds to its WHEREFORE, Plaintiffprays that this Court find that Defendant breached its fiduciary duty to Plaintiff and requests the following reliefi a) b) c) of said funds; and d) A return of the monies taken from said accounts; Compensatory damages for said unlawful conversion; Punitive damages from Defendant for said willful and malicious conversion Attorney's fees. COUNT I/I REOUEST FOR ACCOUNTING 17. Plaintiff incorporates by reference the averments set forth in Paragraphs 1 through 16 of this Complaint as if said averments were fully set forth at length herein. 18. Defendant has taken the monies from Plaintiff s bank accounts and converted said monies to its own use without Plaintiff's permission. 19. Defendant has refused to return said monies to Plaintiffdespite demands by Plaintiff. 20. Plaintiff requests an accounting of the monies taken by Defendant from Plaintiff's accounts and the monies held by Defendant taken from Plaintiff's accounts. WHEREFORE, Plaintiff demands an accounting by Defendant of the amounts taken from her accounts and the amounts of monies held by Defendant belonging to Plaintiff October 29, 2001 Peter B. Foster Attorney for Plaintiff Pinskey & Foster 121 South St. Harrisburg, PA 17101 (717) 234-9321 REVOCATION OF POWER OF A TTORNEY I, Ruth L Brant, of Cumberland County, Pennsylvania executed a certain durable Power of Attorney on October 10, 2001, whereby I empowered Donald Robert Br~nt and Georgia Jean Brant or the Cumberland County Office of Aging and Community Services to be my agents w/th full power of substitution, for me and in my name, to transact all my business and to manage all my property and affairs, as more specifically enumerated therein. By this instrument, I hereby revoke and make void said appointment of Donald Robert Brant and Georgia Jean Brant or the Cumberland County Office of Aging and Community Services, as my agents, as appointed in my power of attorney dated October 10, 2001, and revoke and make void all powers and authorities therein and thereby given and granted to Donald Robert Brant and Georgia Jean Brant or the Cumberland County Office of Aging and Community Services, and all other matters and things therein or in any &them contained, and all acts, matters, and things whatsoever which shall or may be acted, done, or performed by means thereof, in any manner whatsoever. I have signed this revocation of my power of attorney, dated October 10, 2001 this 26th day of October, 2001. October 26, 2001 EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On this, the 26th day of October, 2001, before me, Notary Public, the undersigned officer, personally appeared RIITEI L BRANT known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for purposes therein contained. IN WITNESS WHEREOF, I hereunto set my name and official seal. L I [ ,,y r" Notary Public/~ ,,"'t,' ,:[u GENERAL PO~gR OF ATTORNEY OF RUTH BRANT NOTICE The purpose of this Power of Attorney is to give the person or Persons you designate (your "Agents) broad Powers to handle your property, which may include powers to sell or otherwise dispose of any real or personal property without advance notice to you or approval by you. This Power of Attorney does not impose a duty on your agents to exercise granted powers, but when powers are exercised, your agents must use due care to act for your benefit and in accordance with this Power of Attorney. Your agents may exercise the powers given here throughout your lifetime, even after you become incapacitated, unless you expressly limit the duration of these powers or you revoke these powers or a Court acting on your behalf terminates your agent's authority. Your agents must keep your funds separate from their funds. A Court can take away the powers of your agents if it finds your agents are not acting properly., The powers and duties of agents under a Power of Attorney are explained more fully in 20 PA.C.S.CH.56. If there is anything about this form that you do not understand, you should ask your lawyer, Attorney Herbert Corky Goldstein, to explain it to you. I have read or had explained to me this notice and I understand its contents. bATE t EXHIBIT"B" DURABLE POWw. K OF ATTORNEY OF RUTH BRANT KNOW ALT. MEN BY THESE PRESENTS, that I, RUTH BRANT, resident of the County of Cumberland, Commonwealth of Pennsylvania, do hereby nominate, constitute, and appoint my son and daughter- in-law, DONALD ROBERT BRANT,and GEORGIA JEAN BRANT, of 15007 Glory Drive, S.C. Huntsville, Alabama, 35803-2445. Their phone number is (256) 883-6336, o__r THE CIIMBERLAND COUNTY OFFICE OF AGING AND COMMUNITY SERVICES, my true and lawful attorneys-in-fact I revoke any Power of Attorney ever given by meg prior to this date. They may perform any act that I might legally perform as an attorney-in-fact or that I would perform if I was personally present, whether my absence be due to illness, disability, or inconvenience, and for my use and benefit. The Power of Attorney signed by me for William Smith is hereby specifically revoked. My Power of Attorneys may ask, demand, sue for, recover, collect, withdraw, deposit, write checks for me and receive all sums of money, debts due, accounts, pensions, hank accounts, interest, as well as social security payments and insurance disability checks, and demands whatsoever as are now or shall hereafter become due, owing payable, or belonging to me, and take all lawful ways and means in my name or otherwise for the recovery thereof, by attachements, arrests, distress, or otherwise, and to compromise and agree to the same and give acquittances or other sufficient discharges for the same. I grant unto my said attorneys-in-fact full power to make any and all decisions for me, or for my benefit, relative to my personal medical caret including my admission to a medical, nursing, residential or similar facility, and to enter into agreements for my care, as well as to authorize whatever course of medical care and/or surgical procedures which my said attorney-in-fact may feel to be in my best interest, as well as the power to make any and all arrangements for my funeral, as well as burial. GIVING AND GRAN?ING unto my said Power and authority to do and perform Attorneys-in-fact full every act necessary, requisite, or proper to be done in and about the premises, or in any way concerning my personal affairs, as fully as I might or could do if personally present, whether my absence be due to business necessity, personal choice, illness, and physical or mental incapacity, and also with full power of substitution and revocation, hereby ratifying and confirming all that my said attorney shall lawfully do or cause to be done by virtue hereof. IN WITNESS WIt~.~EOF, I RUTI{ BRANT, publish and have declared this instrument to be my Power of Attorney in the presence of the witnesses who have subscribed their names, and making void all former Powers of Attorney by heretofore made. hereby revoking me at any time powers RUTH BRANT, in our of Attorney to Donald Office of Aging and Community Services desired that said Power of Attorney be be conferred upon her son and presence has approved of this Power and Georgia, or the Cumberland County declared it to be so enacted, and the said daughter-in-law or The Cumberland County Office of 'Aging and Community Services. She further has stated that she is over the age of 18 and of sound mind. In her presence we subscribe our names below as witnesses to this Power of Attorney. COMMON~I~ OF P~NSYLVANIA: COUNTY OF DAUPHIN On this, the /~ day of /d~eW , 2001, before me, Notary Public, the undersigned officer, personally appeared RUTH BRANT known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for purposes therein contained. IN WITNESS N~h~EOF, I hereunto set my name and official seal. .tary Public VERIFICA~ON I, Ruth I. Brant, hereby verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of Pa. C.S., Section 4904 relative to unsworn falsification to authorities. October 29, 2001 RU3~rI L BRANT RUTH I. BRANT, Plaintiff VS. CUMBERLAND COUNTY OFFICE OF AGING AND COMMUNITY SERVICES, INC. Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NoO/: IqS' INJUNCTIVE ACTION ORDER AND NOW, this .~0(.4~day of October, 2001, upon consideration of Plaintiffs Motion for Preliminary Injunction and Permanent Injunction it is hereby Ordered that a he..aring on said Motion ~/: 00 is scheduled for ~'f/...~f,,r~d,t~ ~ ,2001, at"/IM, in Courtroom No. ~ Cumberland County Courthouse. SHERIFF'S RETURN - CASE NO: 2001-06195 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BR3~NT RUTH I VS CUMB CO OFFICE OF AGING AND CO REGULAR CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CUMBERLAND COUNTY OFFICE OF AGING AND COMMUNITY SERVICES the DEFENDANT , at 1455:00 HOURS, at 16 W HIGH ST on the 30th day of October , 2001 CARLISLE, PA 17013 by handing to DAVID MILLER, ADM OFFICER a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.25 Affidavit .00 Surcharge 10.00 .00 31.25 Sworn and Subscribed to before me this ~ day of ~ J~ I A.D. ' ~Prothonot ary So Answers: R. Thomas Kline 10/30/2001 RUTH I. BRANT, Plaintiff V. CUMBERLAND COUNTY OFFICE OF AGING AND COMMUNITY SERVICES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1-6195 CIVIL TERM AREA AGENCY ON AGING, : Petitioner : V. : RUTH I. BRANT : Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01-6279 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of November, 2001, this interim order is entered pursuant to the Court filing a final order following this adjudication. It is ordered that the Office of Aging shall issue checks from the current account that it controls on behalf of Ruth I. Brant at the Orrstown Bank to United Healthcare in the amount of $415.00 to bring her supplemental insurance up-to-date and in the amount of $225.00 due for the next payment. By the Court, Peter Foster, Esquire For Plaintiff Anthony L. DeLuca, For Defendant prs Esquire Edgar B Baykey, J. RUTH I. BRANT, : Plaintiff : V. : CUMBERLAND COUNTY OFFICE : OF AGING AND COMI~UNITY : SERVICES, INC., : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAiN-D COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0.101-6195 CIVIL TERM AREA AGENCY ON AGING, Petitioner V. RUTH I. BRANT Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : : NO. 01-6279 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of November, 2001, the motion for a preliminary injunction and permanent injunction filed by Ruth I. Brant at 01-6195, and the petition of the Office of Aging for access to records filed at 01-6279, are consolidated. Peter Foster, Esquire For Plaintiff Anthony L. DeLuca, For Defendant prs Esquire By the Court, ley,J. 'A~ AREA AGENCY ON AGING, PETITIONER V. RUTH I. BRANT, RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6279 CIVIL TERM RUTH I. BRANT, PETITIONER CUMBERLAND COUNTY OFFICE OF THE AGING AND COMMUNITY SERVICES, INC., RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-6195 CIVIL TERM AND NOW, this "~'" day of November, 2001, the motion of Ruth I. Brant for an injunction, IS DENIED. The motion of the Area Agency on Aging that it have immediate direct access to Ruth I. Brant, without interference from any other party, and that it have immediate access to all financial records of Ruth I. Brant, and that Ruth I. Brant be returned to her home with appropriate protective services, and that Ruth I. Brant have a geriatric assessment by a professional selected by it, IS GRANTED. Peter B. Foster, Esquire For Ruth I. Brant Anthony L. DeLuca, Esquire For the Office of Aging Edgar B. Bayle¥ J. :saa ~ ~'~'~- RUTH I. BRANDT, Plaintiff VS. CUMBERLAND COUNTY OFFICE OF AGING AND COMMUNITY SERVICES, ]NC. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01-6195 INJUNCTIVE ACTION PRAECIPE FOR DISCONTINUANCE TO THE PROTHONOTARY: Please mark this cause of action discontinued. May 10,2002 Peter B. Foster Attorney for Plaintiff cc: Anthony L. DeLuca, Esquire