The URL can be used to link to this page

Home My WebLink About07-5057CUMBERLAND COUNTY AGING & COMMUNITY SERVICES, Petitioner VS. JEAN A. SANFORD, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW l OLDER ADULTS PROTECTIVE SERVICES ACT PETITION FOR INVOLUNTARY INTERVENTION BY EMERGENCY COURT ORDER AND NOW, the Petitioner, Cumberland County Aging & Community Services, by its Solicitor, Anthony L. DeLuca, Esquire, pursuant to the provisions of the Older Adults Protective Services Act, 35 P.S. Sec. 10225.101 et sec .., respectfully represents as follows: 1. The Petitioner, Cumberland County Aging & Community Services, 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, Jean A. Sanford, an older adult, age 83 and a widow, currently resides at 1065 Myerstown Road, Gardners, Cumberland County, Pennsylvania. 3. Petitioner has been able to determine that the Respondent had two children who are deceased, possibly, three (3) grandchildren, a brother by the name of Frank Jones who resides in Mechanicsburg, Pennsylvania and asister-in-law, Emily Sanford, who resides in Dauphin, Pennsylvania. 4. The Respondent is the owner of real estate situated at 43 Greenfield Drive, Carlisle, Pennsylvania and resided there until October or November of 2006. 5. Sometime around October or November, 2006, Sean Sanford left her home and moved to the residence of Michelle Witherow situated at 1065 Myerstown Road, Gardners, Pennsylvania. 6. Previously, Jean Sanford had been a resident at the Sara Todd Nursing Home in Carlisle and, upon her discharge from Sara Todd, her sister-in-law, Emily Sanford who was also her Attorney-in-fact at the time, made arrangements with Visiting Angels Home Health to provide 24 hour care coverage for her. 7. One of the caregivers for Visiting Angels Home Health was Michelle Witherow and, after Visiting Angels Home Health no longer provided care, Michelle Witherow approached Emily Sanford about providing care under the name of Helping Hands In- Home Care Services. 8. Emily Sanford then hired Michelle Witherow to care for Jean Sanford. 9. Michelle Witherow, her boy friend, and mother initially proceeded to provide care for the said Jean Sanford at Sanford's home but, around October or November, 2006, they moved her out of her home and into the residence of Michelle Witherow because they alleged that Sanford's furnace was broken and needed to be repaired. 10. Over a period of time, Michelle Witherow contacted three (3) or four (4) attorneys in Cumberland County for the purpose of having the power of attorney in the name of Emily Sanford revoked and having herself appointed as Sanford's attorney-in-fact. 11. In fact, the Power of Attorney appointing Emily Sanford was revoked and Michelle Witherow was appointed Sanford's attorney-in-fact. 12. In April, 2007, Petitioner received a report of need concerning Jean Sanford which alleged that Michelle Witherow might be financially exploiting Jean Sanford. 13. Between June, 2006 and April, 2007, checks totaling $125,753.88 were issued to Michelle Witherow. 14. Petitioner believes and, therefore, avers that since April, 2007 Michelle Witherow, under the Power of Attorney, has continued to withdraw Sanford's funds from her checking and savings accounts at M&T Bank. 15. Petitioner has determined that Jean Sanford has been diagnosed with dementia and has other physical problems. 16. Petitioner has determined that Sanford's home has been listed for sale and that there is a contract that has been executed resulting in a real estate settlement being scheduled for the morning of Friday, August 24, 2007. 17. Petitioner believes and, therefore, avers that the resources of Jean Sanford have been dissipated by her attorney-in-fact, Michelle Witherow, who is also the caregiver and that she now has limited resources available to her for her care. 18. Michelle Witherow, when interviewed, stated that when Sanford's resources were depleted other arrangements for her care would have to be made. 19. The Petitioner believes and, therefore, avers that unless the net proceeds from the sale of Sanford's home are placed in escrow with her attorney, Keith Brenneman, Esquire, pending a hearing in this matter, Jean Sanford is at imminent risk of losing additional resources that could impact her future care. 19. The failure to protect the net proceeds from the sale of her home could severely limit where Sanford could be placed resulting in her being put at imminent risk of physical harm. 20. The Petitioner believes and, therefore, avers that that the least restrictive involuntary protective services required in this case is the immediate removal of Jean Sanford from the residence of Michelle Witherow followed by placement in an appropriate facility and the revocation of the power of attorney. 21. The Petitioner believes and, therefore, avers that the least restrictive involuntary protective services for the proceeds from the sale of her home would be their placement in escrow with Keith Brenneman, Esquire, pending a hearing in this matter. 22. The proposed services would remedy the situation which presents the imminent risk of potential serious physical harm to Sean Sanford and danger to her property. 23. The proposed services are not over broad because the Respondent is unable to care for herself due to her condition and there is no one else available who could help and protect her. 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: 1. The net proceeds from the sale of Jean Sanford's home on Friday, August 24, 2007 be placed in escrow with her attorney, Keith Brenneman, Esquire, pending a hearing in this matter; 2. The Respondent, Jean Sanford, be removed by Petitioner from 1065 Myerstown Road, Gardners, Pennsylvania and transported to an appropriate and safe facility; and 3. The power of attorney appointing Michelle Witherow be revoked. DATED :~ add ~' l~-L An hony L. uca P.O. Box 358 113 Front Street Boiling Springs, PA 17007 Attorney for Petitioner (717)-258-6844 ID 18067 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for Involuntary Intervention by Emergency Court Order 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: ~ ~~o~-~~~ Janet Paull ~} ~> ~ 7 „3 .^# ~ . ^~T'y ~~ __~ .--5 ''} ' ^ 11-; i S`~~ =t " ~ t - r,., -~... AUG 2 3200 CUMBERLAND COUNTY AGING & COMMUNITY SERVICES Petitioner VS. JEAN A. SANFORD, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D'~" S~O S'% ~t v ~L ~%Lir'~ CIVIL ACTION -LAW ~ OLDER ADULTS PROTECTIVE SERVICES ACT TEMPORARY PROTECTIVE ORDER AND NOW, to wit, this 2 s '~ day of August, 2007 this Court having found clear and convincing evidence that Jean Sanford is in imminent risk of danger to her property pursuant to Section 10225 of the Older Adults Protective Services Act, it is hereby Ordered and Decreed that: 1. The net proceeds from the sale of Jean Sanford's home on Friday, August 24, 2007 be placed in escrow with her attorney, Keith Brenneman, Esquire, pending a hearing in this matter; 2. The Respondent, Jean Sanford, is advised of her right to representation in this matter by legal counsel and that Keith Brenneman, Esquire has been appointed to represent her. 3 r y6- P, A Hearing in this matter shall beheld on August o~ ~ , 2007 at .M. in Court room number at the Cumberland County Courthouse, Carlisle, Pennsylvania. BY TH COURT: J. i, i !_ ,.~ Ati~1~ a~:~+-?~:~:~:-:~ ~r~l ~C! 3 ~. ~ ~ ~ ~ ~., ~ o ~ ~ f ~ ~ ~. ~ ~ ~ ~ a C n r~ F 0 F ~~ oQ w ~` a ~_ r, ~ ~ CUMBERLAND COUNTY AGING & COMMUNITY SERVICES, Plaintiff v. JEAN A. SANFORD, Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 07-5057 CIVIL ACTION -LAW OLDER ADULTS PROTECTIVE SERVICES ACT ENTRY OF APPEARANCE To the Clerk of this Court and all parties of record: Enter my appearance as counsel in this case for Michelle Witherow. Date: August 29, 2007 Respectfully submitted, .-- - By Bruce J. Wars sky, Esquire Attorney I.D. No. 58799 Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110-0457 Telephone: (717) 238-6570 Counsel for Michelle Witherow K ~ CERTIFICATE OF SERVICE I, Bruce J. Warshawslcy, Esquire with the firm of Cunningham & Chernicoff, P.C., do hereby certify that I caused to be served the foregoing Entry of Appearance, by hand delivery as follows: Anthony L. DeLuca, Esquire Keith O. Brenneman, Esquire P.O. Box 358 44 West Main Street 113 Front Street Mechanicsburg, PA 17055 Boiling Springs, PA 17007 Date: August 29, 2007 CUNNINGHAM & CHERIVICOFF, P.C. B e J. W ky F:1Ha~~B]W~DOCS~Widianw~E~trYofA~eazance•wPd r-~ ~ ~ ,~ ~ e` .?' ~ ~y ;;'~ ~..-~ C~J CUMBERLAND COUNTY AGING I& IN THE COURT OF COMMON PLEAS OF COMMUNITY SERVICES, CUMBERLAND COUNTY, PENNSYLVANIA Petitioner: VS N0. 07-5057 CIVIL TERM CIVIL ACTION - LAW JEAN A. SANFORD, Respondent: OLDER ADULTS PROTECTIVE SERVICES ACT ORDER OF COURT AND NOW, tYiis 29th day of August, 2007, hearing herein is continued pending they availability of the respondent Jean A. Sanford. During the continuance of this matter, the counsel will discuss an agreement fo~j a psychological evaluation and if no agreement can be reached, then the Petitioner herein is granted leave to file a petition for such a psychologial evaluation. Our order df August 23rd, 2007, is modified to provide that Keith Brenneman, Eslquire, is authorized and directed to place the net proceeds referenjced in the order into an interest bearing account, with no withdrawal to be made until further order of court, in the name of thje Respondent, Jean A. Sanford in the care of Keith Brenneman as es'icrow agent. Further, thje oral motion of Bruce Warshawsky, Esquire, for the intervention of !Michelle Witherow is granted and she is herewith made a party toi, these proceedings. By the Court, ~ /-lI Kevi A. Hess, J. ~thony L . DeLuca, squire - ~ ~ ,, For the Petitioner `' ~' ~=1iF~"y~~ a ~n ~ s,~,~Ndao ith Brenneman, Esquire ~~37~ For the Respondent ,~ ~i i ~01 ab 3S LOOZ ~uce J. Warshawsky, Esq ire For Michelle Witherow is ~ ~ r 6 ~ ~Ol ~ 9- d~S LOQZ CUMBERLAND COUNTY AGING & COMMUNITY SERVICES, Plaintiff vs. JEAN A. SANFORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-5057 CIVIL OLDER ADULTS PROTECTIVE SERVICES ACT IN RE: PETITION FOR INVOLUNTARY INTERVENTION BY EMERGENCY COURT ORDER ORDER AND NOW, this ~o ` day of October, 2007, the court being satisfied that the relief sought in the within petition is not within the purview of the Adults Protective Services Act, 35 P.S. 10225.101 et seq., the petition of Cumberland County Aging and Community Services is DISMISSED. Counsel for the respondent may submit to the court any proposed order which may be necessary with respect to certain settlement proceeds currently being held in escrow. ~hony DeLuca, Esquire For Petitioner ~ith Brenneman, Esquire For Respondent J ~ruce Warshawsky, Esquire For Michelle Witherow :rlm BY THE COURT, ~{i~'~'/1~1~N~3d y'i Y Y i ~l~ V • ~M~~ 4VV~ fs~~L(~3'~. {,.1w. CUMBERLAND COUNTY AGING & COMMUNITY SERVICES, Plaintiff v. JEAN A. SANFORD, Defendant IN THE COURT OF CO'1vIMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW' NO.07-5057 OLDER ADULTS PRO'~ECTIVE SERVICES ACT ' ORDER AND NOW, this ~ G ~ day of October, 2007, in consideration of this Court's Order of October 10, 2007 dismissing the Petition For Voluntary Intervention By Emergency Court Order, it is hereby ORDERED that Keith O. Brenneman, Esquire, escrow agent for Respondent Jean A. Sanford under Order of this Court dated August 29, 2007, is hereby ~ authorized and directed to withdraw all funds from the escrow account's established for the benefit of Jean A. Sanford and deliver all such funds to Respondent Jean A. Sanford. BY THE COURT: LAW OFFICES SNELBAKER E[ BRENNEMAN, F.C. .~ ., ~~ ~~, s /~ ~~ :-, -, ~- ;; ~ ~. CV