Loading...
HomeMy WebLinkAbout01-6279AREA AGENCY ON AGING, Petitioner VS. RUTH I. BRANT, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : OLDER ADULTS PROTECTIVE : SERVICES ACT PETITION FOR ACCESS TO PERSON AND RECORDS AND NOW, this [5'M' day of November, 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. Ruth I. Brant, is an older adult, 81 years of age, who resides at 108 No~h Enola Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Around the beginning of April, 2001, an individual by the name of William Smith came to live at the residence of Ruth I. Brant and, while living there, performed work on her property. 4. William Smith resided there until approximately, October 2, 2001, when an individual known as Vera Petrina, aka Tina Petrina arrived at the residence of Ruth I. Brant along with her son, George Petrina. While at the residence of Ruth I. Brant on October 2, 2001 together with Tina Pet'dna and George Petrina, William Smith abruptly left allegedly as a result of a threat from George Petrina. 6. Petitioner believes and, therefore, avers that William Smith and Tina Petrina and George Petrina were acquainted before October 2, 2001 and that Respondent had met Tina Petrina and George Petrina through William Smith sometime during the summer of 2001. 7. Petitioner has been advised that a number of checks were issued on the account of the Respondent made payable to Vera Petrina, aka Tina Petrina during August- September of this year. 8. The Respondent, Ruth I. Brant, has been under the direct and exclusive control of Tina Petrina since October 2, 2001. 9. The checking and/or savings accounts of Ruth I. Brant were closed on or about October 9, 2001 by the Respondent at the direction of Tina Petrina. 10. Petitioner believes and, therefore, avers that on or about October 9, 2001 a new checking account was opened. 11. On or about August 29, 2001, a Power of Attorney was prepared by Steven P. Miner, Esquire wherein the son of the respondent, Donald Brant, and William Smith were appointed attorneys-in-fact for Ruth I. Brant. 12. Said Power of Attorney was subsequently revoked and a new Power of Attorney was prepared by Herbert Goldstein, Esquire on or about October 8, 2001. 13. This, second Power of Attorney, appointed Petitioner's son and his wife, Donald Robert Brant and Georgia Jean Brant or the Cumberland County Office of Agency and Community Services as respondent's attorneys-in-fact. 14. Petitioner has been advised that between September 24, 2001 and October 22, 2001 approximately $12,000.00 has been withdrawn from Respondent's savings account at Allfirst Bank either in cash or transferred to her checking account wherein checks were written resulting in no balance in said account. 15. Petitioner, since approximately October 9, 2001, has attempted to obtain direct access to Ruth I. Brant. 16. Direct access to Ruth I. Brant and to her records by Petitioner is necessary in order to complete Petitioner's investigation and her assessment as required by The Older Adults Protective Services Act, 35 P. S. 10225.101 17. Tina Petrina and others have interfered with Petitioner's completion of the investigation and assessment of Ruth I. Brant by refusing to allow Petitioner to speak to her without someone else being present. 18. Petitioner believes and, therefore, avers that Ruth I. Brant is afraid to speak to Petitioner because of the undue influence of Tina Petrina and others. 19. On or about October 24, 2001, Petitioner determined that $2,505.00 had been withdrawn from the new account of Ruth I. Brant that had been opened on October 9, 2001. 20. On or about October 25,2001, Petitioner, concerned about Respondent's situation and pursuant to the Power of Attorney wherein Petitioner was appointed Attorney-in-fact on October 10,2001, closed Respondent's savings account at Allfirst Bank and opened a new checking account at another bank in the name of Ruth I. Brant C/O Office of the Aging. 21. On or about October 26, 2001, Peter Foster, Esquire contacted Priscilla Whitman and advised that he was now representing Ruth I. Brant and that the Power of Attorney dated October 10, 2001 had been revoked on that date, October 26,2001. 22. On or about October 26, 2001, Peter Foster, Esquire contacted Anthony L. DeLuca, Esquire, Solicitor for Petitioner and advised that the Power of Attorney had been revoked. 23. During the course of the discussion with Peter Foster, Esquire, Anthony L. DeLuca, Esquire advised Mr. Foster that the revocation of the Power of Attorney would not be recognized because of concerns for the welfare of the Respondent, including her mental capacity, and that the revocation issue should be decided by a Court. 24. Petitioner has been in contact with Respondent's son on October 30, 2001 and he advised that he was frustrated with the situation, that his mother was being manipulated by nearly every outsider that comes along and he wanted his mother back home. 25. Respondent takes a number of medications, including Dilantin for seizures, and appears to be easily influenced by others. 26. Petitioner believes and, therefore, avers that Respondent has short term memory deficits evidenced by her inability to take her medications daily as prescribed, and her inability to manage her finances and home environment. 27. Petitioner believes and, therefore, avers that Respondent is in need of a geriatric assessment to determine how to best meet her needs in a least restrictive environment. 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, to immediately directing Tina Petrina, George Petrina and others deemed appropriate by the Court to cease and desist from having any contact with Ruth I. Brant; that the Petitioner have immediate direct access to the person of Ruth I. Brant, without interference from any other party; that the Petitioner have immediate access to all of the financial records of Ruth I. Brant; that Ruth I. Brant be returned to her home with appropriate protective services; and that Ruth I. Brant be directed to have a geriatric assessment by an appropriate professional selected by Petitioner without interference. DATED :/~'0/O°~6dr,~( ~oe~ ! Respectfully submitted Anthony L. D0t~uca P.O. Box 358 113 Front Street Boiling Springs, PA 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 subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Priscilla Whitman RUTH I. BRANT, Plaintiff CUMBERLAND COUNTY OFFICE OF AGING AND COMMUNITY SERVICES, INC., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.J01-6195 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 ~key, J. RUTH I. BRANT, Plaintiff CUMBERLAND COUNTY OFFICE OF AGING AND COMMUI~ITY SERVICES, INC., Defendant IN THE COURT OF COM~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N0.~01-6195 CIVIL TERM AREA AGENCY ON AGING, Petitioner 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, 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 OFTHE 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./ :sea VN~'I,~SNN~d SU :~] l!~J 8- AOX I0