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HomeMy WebLinkAbout09-10-07 IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY ORPHANS' COURT IN RE: ROSA THOMPSON, An Adjudicated Incapacitated Person O.C. No. 2006-869 PETITION FOR REPORT OF GUARDIAN Petitioner, Manor HealthCare Corp. d/b / a HCR ManorCare - Camp Hill ("Petitioner"), is a creditor of Rosa Thompson ("Mrs. Thompson"), and hereby respectfully represents that: 1. Mrs. Thompson, a resident of Petitioner's facility, was adjudicated as an incapacitated person.by Order of the Court on November 16, 2006. A true and correct copy of the Final Decree is attached hereto as Exhibit II A" (hereafter referred to as the "Order"). 2. At the time of the guardianship hearing, the court appointed Good News Consulting, Inc. as the Guardian of the Person and the Estate of Mrs. Thompson. 3. Upon information and belief, subsequent to the appointment of a Guardian for Mrs. Thompson, one of her sons obtained access to funds owned by tlw..) ~ Q 5 Mrs. Thompson and converted those funds to his own use. The exact am~of mo~es "~I 0 -0 d P: r:; taken is unknown. d, ~ 0 C)Q -0 . =-), ~ -n ::r; .'-~'~ ~ :Il 0 ()1 2 4. Petitioner submits that any of Mrs. Thompson's monies taken by her son after a guardian had been appointed, of which he was aware, would constitute a theft, and he should be criminally charged. 5. Pursuant to Title 55 of the Probate Estates and Fiduciaries Code, a Guardian of a person's estate should file a report with the Court outlining specific information regarding the ward's assets and any disposition of the same. 6. Petitioner submits that the Guardian of the Estate has a duty to file such report/ account and requests this Honorable Court order the Guardian to do so. WHEREFORE, Petitioner requests that this Honorable Court issue an order directing Good News Consulting, Inc. to file a report of the Estate of Rosa Thompson within thirty (30) days of the date of the Order as required under the Probate, Estates and Fiduciary C;:ode. Respectfully submitted, Dated: ~. 7,~.o~ By: Kirk ohonage Attorney I.D. No. 77851 305 North Front Street, Suite 401 Harrisburg, P A 17101 (717) 909-8160 Attorneys for Petitioner 3 ~ OCT 0 3 lOr IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY ORPHANS' COURT DIVISION IN RE: ROSA L. THOMPSON, An Alleged Incapacitated Person O.C. No. JO()~ -8 ~ '( FINAL DECREE - ADJUDICATION OF TOTALLY INCAPACITATED PERSON AND APPOINTMENT OF PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE AND NOW, this /fo~ day of ,J~ . 2006, based upon the evidence received and the record, this Court finds, by clear and convincing evidence, that Rosa L. Thompson, is adjudged a totally incapacitated person. The Court finds that Rosa L. Thompson suffers from dementia and senility, conditions or disabilities that totally impair her capacity to receive and evaluate information effectively and to make and communicate decisions regarding the management of her financial and personal affairs. Good News Consulting, Inc. is appointed Permanent Plenary Guardian of the EST ATE and PERSON of Rosa L. Thompson. The Guardian shall not post a court approved bond and shall be entitled to an initial start up fee of $350.00 and then a monthly fee in the amount of $100.00 as established by Medical Assistance Regulations. The Guardian shall file a report in compliance with 20 Pa. C.S. ~ 5521(c) within ninety \:.1 '. . ''"18 (90) days of this order and annually thereaffei.'_, :',',.. _:~:~G .. ..' , ,.....: _.' :"-' ", .'"' "! (' 0' -:' :~' '.~ A~-RUE COpy FROM RECORD L 'j ":- " . I ;, - " ,.. ,"!. tn Testimony wherof, I hereunto set my hand and the seal . _'. _ _ . of said Court a\CarI:t;A ,,- ---'---' '____.'_J__ ThiS~ayof "oJ1l \ f' 6v' l- ,. Cle f t e Orphans Court ~ Cumberland County The Guardian of the ESTATE shall be able to enter a safe deposit box, if any, in the name of Rosa L. Thompson without prior Court authorization. The Guardian of the Person and the Guardian of the Estate, if not the same, shall cooperate to prepare a budget to cover the cost of providing nursing care services to the person of Rosa L. Thompson. The Guardian of the Estate shall have the authority and responsibility to manage and use Rosa L. Thompson's property primarily for her benefit and secondarily for the benefit of her legal dependents in accordance with 20 Pa. C.S. ~ 5536(a). 20 Pa. C.S. 95536{a) authorizes the Guardian of the Estate to spend income for the aforesaid purposes without the Court's written approval. The Guardian of the Estate may also spend principal assets, if any, for the skilled nursing care and maintenance rendered to Rosa L. Thompson by Petitioner and to establish an appropriate, reasonable burial reserve without Court approval. The aforementioned judicial determinations have taken into consideration the matters required by 20 Pa. c.s. 95512.1. The Court's findings of fact and conclusions of law have been placed on the record at the evidentiary hearing. J. /<:" /L <;. S6h onQ3 e. 8o<JuW -?Nut IL ~ I b-f. E..o '1 u.vV .