HomeMy WebLinkAbout02-19-08
IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
IN RE: BERTHA STONE,
An Alleged Incapacitated Person
O.C. No..21-0~..OI76
PETITION UNDER & 5511 OF THE PROBATE,
ESTATES AND FIDUCIARIES CODE TO ADJUDGE
BERTHA STONE TO BE TOTALLY INCAP ACIT A TED AND
APPOINT A PERMANENT PLENARY GUARDIAN
FOR HER PERSON AND EST A TE
AND NOW, COMES, Petitioner, Church of God Home, Inc. ("Petitioner"), by
and through its attorneys, SCHU1]ER BOGAR LLC, and hereby petitions for adjudication
of incapacity and appointment of a permanent plenary guardian of the estate and
person of Bertha Stone and, in support thereof, represents as follows:
1. The name of the alleged incapacitated person is Bertha Stone.
2. Bertha Stone, the alleged incapacitated person, is a 101-year old widowed
individual who currently resides at Petitioner's skilled nursing facility located at 801
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North Hanover Street, Carlisle, Pennsylvania 17103. ~o ~
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Petitioner, a domestic corporation, is a residential and skille~~ng~re
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4. Because the alleged incapacitated person resides in Cumberland County,
this Court has Jurisdiction pursuant to Sections 5512(a) and 711(10) of the Probate,
Estates and Fiduciary Code.
5. On or about October 21, 2002, Bertha Stone became a resident of
Petitioner's skilled nursing facility. See Admission and Care Agreement, attached as
Exhibit" A."
6. Upon information and belief, and to the extent of Petitioner's knowledge,
the alleged incapacitated person has the following living heir or next of kin who is sui
Juns:
Edith Eckart (daughter)
5270 South West Street
Carlisle, PA 17013
Mary Gross (granddaughter)
917 Park Place
Mechanicsburg, P A 17055
7. Petitioner is unaware of the value of the alleged incapacitated person's
estate, if any.
8. An application for the receipt of Medical Assistance benefits was filed
with the Cumberland County Assistance Office ("CAD"), but the CAD denied that
application on March 7, 2007, as evidenced by the Notice to Applicant ("P A-162")
attached as Exhibit "B."
9. To the extent of Petitioner's knowledge and upon information and belief,
the alleged incapacitated person receives monthly income consisting of Social Security
and a Lear pension, but Petitioner is not aware of the value of that monthly income.
2
10. The alleged incapacitated person's treating physician is:
William Kaufmann, M.D.
1921 Spring Road
Carlisle, PA 17013
11. Bertha Stone, the alleged incapacitated person, has been diagnosed by Dr.
Kaufmann as suffering from dementia. That condition has caused her incapacity and
requires that she receive 24-hour-a-day care.
12. Because of the condition set forth in paragraph 10, Bertha Stone, the
alleged incapacitated person, is unable to manage or even appreciate the significance of
her personal and/ or financial affairs and to make and communicate any decisions
relating thereto, including the ability to communicate her need for assistance in these
areas. See January 21, 2008 letter from Dr. William Kaufmann to counsel for the
Petitioner, attached as Exhibit "C."
13. To the extent of Petitioner's knowledge, Mary Gross is the agent-in-fact for
Bertha Stone, but Petitioner does not have a copy of the Power of Attorney.
14. However, presently, upon information and belief and to the extent of
Petitioner's knowledge, the alleged incapacitated person does not have a capable and
willing agent, guardian, and/ or available next of kin who are sui juris to manage her
personal and/or financial affairs and to obtain the documents needed to qualify the
alleged incapacitated person for the receipt of Medical Assistance benefits.
15. There are no less restrictive alternatives to the appointment of a
permanent plenary guardian of the person and estate of the alleged incapacitated
person.
3
16. The proposed guardian of the alleged incapacitated person is Good News
Consulting, Inc., located at 140 Roosevelt Avenue, Suite 206, York, Pennsylvania 1740l.
Good News Consulting, Inc. does not have any adverse interest to the alleged
incapacitated person and an acceptance to serve as guardian of the person and estate is
attached hereto as Exhibit "D."
17. Good News Consulting, Inc. has been suggested as guardian of the person
and estate of Bertha Stone because of its vast experience in dealing with incapacitated
persons such as her.
18. No Court within this Commonwealth, of which Petitioner has knowledge,
has appointed a guardian for Bertha Stone.
19. Upon information and belief and to the extent of Petitioner's knowledge,
Bertha Stone was not a member of the Armed Service of the United States and,
therefore, is not receiving any benefits from the United States Veterans' Administration.
WHEREFORE, your Petitioner prays that a citation be issued to Bertha Stone, to
show cause, if any there be, why she should not be declared an incapacitated person
and Good News Consulting, Inc., appointed permanent plenary guardian of her person
and estate.
4
Respectfully submitted,
SCHUTJER BOGAR LLC
Dated: 'J11l1 t.008
By: ~~~
Bradley A. Schutjer
Attorney J.D. No. 75954
(717) 909-5921
Maria G. Macus-Bryan
Attorney J.D. No. 90947
(717) 909-8640
417 Walnut Street, 4th Floor
Harrisburg, P A 17101
Fax No.: (717) 909-5925
Attorneys for Petitioner
5
VERIFICATION
The undersigned hereby verifies that the statements of fact in the foregoing
document are true and correct to the best of my knowledge, information and belief. I
understand that any false statements therein are subject to the penalties contained in 18
Pa. C. s. 9 4904, relating to unsworn falsification to authorities.
Dated:~ of II r
~ J/ /Mr'~
Signature
Co.,. J () I' c;:.. R~ +1: 'J e
Print Name
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Position
Church of God Home, Inc.
EXHIBIT II A"
CHURCH OF GOD HOMEr INC.
JI.DMISSION AND c.~,RE AGREE.J.'1ENT
THIS AGREEMENT is made on this oil day of 1J;i/Jj1 ,~Cl, by
and between The Church of God Homer Inc., called the "Facility, 11 a
pennsylvania non-profit corporation located at 801 North Hanover
Street, C;hrisle, CUmb~eriand County, Pennsylvania,
. ~A r 11 tI
and 'I( c. 'lA... called "Resident"
and It, dZl16 (C(fGif called "Responsible Party".
The Resident and the Responsible Party reaffirm that the
information provided in the Pre-Admission Questionnaire is true and
correct and understand that the submission of false information may
constitute grounds to terminate this Agreement -' The Resident has
applied for admission to the Facility and the Facility has approved
the. Application for Admission. Therefore, the Facility, The
Resident and Responsible Party agree to the following terms':
~ . PROVISION OF SERVICES _ The Facility will provide' .-
Resident with:
(a) Skilled nursing care, i.e_ professionally supervised
nursing care and related health services under a pl~
of services regularly provided under a plan of care'
supervised by licensed personnel and, as required by
the Resident's medical condition, assistance with
activities of daily living.
(b) Accommodations consistent with the .level of care
provided to the Resident including heat, air
conditioning, electricity and hot and cold water.
(c) Bed, bedding, blankets and laundered bed linens, towels
and wash cloths.
(d) Three meals each day, except as otherwise medically
indicated.
(e) Activity programs and social services.
2 . RECURRING CHARGES. In exchange for the above services,
the Resident shall pay the following recurring charges~
(a) For skilled nursing care: $ (I{ g O(J' dollars .per day.
Acimission and Care Agreement - c:om:inued
- 3-. NON-RECURRING CID..RGES. The Resident shall pay the
following non-recurring charges:
(a) A security deposit in the amount of thirty-one (3l)
times the current daily rate for the level of care
requ~y the resident, will be b~lled after
adrnis' day. The amount of the security deposit is
$ .. No interest will be paid on the security
depos. t. A security deposit will not be charged to
residents who are receiving benefits for room and board
provided by Medicare r until the Medicare benefit
concludes. An applicant who is.covered by Medicaid is
not required to pay a security deposit.
(b) The cost for enrollment in the community ~~ce
and ALS (Advance Life Support) Unit is $~. This
fee must be paid prior to admission and will be billed
annually to the Resident.
4 - MISCELLANEOUS CHARGES AND OUTSIDE SERVICES. Resident is
responsible to pay for other services provided by the. 'Facility
which are not covered by the daily rate/charge. . A. list of such
services/charges is attached to this Agreement on the llChart of
Costs. II
The services of a licensed physician and dentist I a
registered pharmacist and licensed pharmacy for the provision of
pharmaceutical supplies, a licensed hospital, and. diagnostic
services, will be made available at the Resident's expense.
THE RESIDENT HAS THE RIGHT TO SELECT HIS/HER OWN PHYSICIAN OR ANY
OTHER SERVICE PROVIDER SO LONG AS THE PHYSI CIAN OR OTHER SERVICE
PROVIDER IS PROPERLY LICENSED OR REGISTERED UNDER THE LAW, AND THAT
ALL APPLICABLE GOVERNMENT RULES AND POLICIES OF THE. FACILITY ARE
MET.
In addition to the Facility'S charges, the Reside~t is
responsible to pay 'all fees and costs . for goods or services
furnished to or for the Resident by anyone other than the Facility
under this Agreement. The responsibility of the Resident to pay
applies to all fees for costs of services provided for the Resident
by any physician, dentist, optometrist, therapist, diagnostic or
testing laboratory, pharmacist, pharmacy, hospital, or any other
person, facility or entity providing services or goods to or for
the Res ident , and f or all lLrugs't medicines, medications,
pharmaceutical supplies, corrective eye lenses,. hearing aids,
dentures, hair care, and other personal items or se~ices for the
Resident. SUCH FEES AND COSTS Jl..RE NOT INCLUDED IN THE HOME'S DAILY
P~2\.TE/CHJI..RGE. '.
ltdmission and Care Agreement - continued
5. J..nMISSION. The Resident \.,ill ~ ad.mit:ted, or a bed will
be reserved for Resident, beginning on f j(i{() IX I J~_;;< /.
]1._11 pre-admission charges will be bilJ.ed after admission, and
recurring charges will begin to accrue as of the above date.
The Resident may reserve an available bed by paying the
daily rate for the bed reserved. The daily rate for the reserved
bed will continue to accrue and be payable until the reservation is
terminated, even if the Resident does not enter the Rome for
what:ever reason, including illness, injury, incapacity or death.
6. PERIODIC BILLINGS AND PAYMENT DUE DATE.
(al On the first of each month~ Resident will be billed the
current daily rate for Resident's current level of care
times the number of days in the month. The bill is due
and payable'upon receipt.
(bl Miscellaneous charges (refer to "Chart:. of Costsll
attached to this Agreement) such as hair care, personal
laundry., incontinency , supplies, etc. J are, additional
charges,{'a:bove . the daily rate. These miscellaneous
charges:"'~ill be added to, and included with, your
monthly bill. . , ' '
(c) Pharmacy charges will be billed as a separate part
of the Facility's monthly bill, and will require
a separate ch~ck.
(dl outside pro~ders,will bill directly and separately.
7. CHANGES IN CHARGES. From time to time, the Facility may
change the amount of its charges. In addition, from time to time,
t.he Facility may change how and when its charges are computed,
billed or become due. The Facility reserves the right to make any
such changes at any time. Written notice of any such changes will
be given to the' Resi.dent thirty (30) days in advance of
implementation, unless" the change is required earlier under any,
federal or state law or assistance program.
8. PARTICIPATION 'IN "MEDICARE/MEDID..IDn PROGRAl-1S. The
Facility participates i.n the Medicare program administered pursuant
to Title XVIII of the Federal Social Security J.kt and the
Pennsyl vania Medical Assistance Program ("Medicaid") administered
pursuant to the Pennsylvania state plan and Title XIX of the
Federal social security Act. However, the Facility reserves the
right to withdraw from the MedicarejMedicaidprograrns at anytime
in accordance with the law. ' '
Acim;Lssion and Care Ag:;:-eement - cont:inued.
- 9--. OBLIGItTIONS OF RESPONSIBLE PARTY. The Responsible Party
is responsible for services and supplies that are billed through
the Facility or billed directly to the Resident or Responsible
Party by any other provider. The Responsible Party is responsible'
to pay all fees and costs from Resident's resources.
lO. P~MISSION - BED HOLD POLICY. If the Resident leaves
the Facility for a period of hospitalization, therapeutic leave, or
any other reason, other than the Rel?ident' s deat.h, and if the
Resident is not eligible for, or receiving medical assistanc~, the
Resident's bed will be reserved and charges for the reserved bed
will continue to accrue, unless the Resident or Responsible Party
_otherwise directs in writing. If the Resident or Responsible Party
elects not to reserve a bed, then the Resident will be eligible for
readmission upon the availability of the first bed suitable fpr the
Resident's level of care.
If the Resident -=L'S receiving medical assistance benefits
and the Resident leaves .the Facility for a period of
hospitalization or therapeutic leave, the Resident's bed will be
reserVed for the applicable maximum number of days paid for the
reserved bed under the Pennsylvania.Medical Assistance. Program.
The current' bed reservation period is fifteen (lS) days for
hospitalization, regardless of level of care, fifteen (lS) days for
therapeutic leave for residents receiving skilled nursing care,.. and
thirty (30) -days for therapeutic leave for res.idents receiving
intermediate care. The bed reservation period may be subject to
change in accordance with any changes in the. Medical Assistance
Program. If the period of hospitalization or therapeutic leave
ends within the reservation period under the Medical Assistance
Program, the Resident may return to the Facility. If the period of
hospitalization or therapeutic leave exceeds the maximum time for
reservation of a bed under the. Pennsylvania Medical Assistance
Program, the Resident must wait until a suitable bed becomes
available for readmission. The Resident is entitled to the first
available bed suitable for the Resident's level of care if 1 at the
time of readmission, the Resident . requires the services provided by
the Home.
ll. REFUNDS, The .8ecuri ty q.eposit for private pay residents,
after deductions for the payment of any outstanding bills oweq to
the Facility, will be refunded within thirty (30) days after the
Resident's discharge from the Facility or death. Those Nursing
Residents on Medical Assistance will receive their refund, if any
due, within ninety (90) days. .There will.be no other refunds, in
the absence of an overpayment, under this Agreement.
l2.. PERSONAL FINANCES. The Resident has the right to manage
his /her personal funds. The Resident is and will be responsible to
provide his/her personal funds. If the Resident elects, the
Resident may designate, in writing, that the Facility hold and
manage the Resident's personal funds. If the Resident
Admission and Care Agreemen~ - con~irrueci
designates someone other than the Facility to manage his/her
personal funds, the Resident or Responsible Party shall notify the
Facili ty promptly. The Resident is not required to make any
designation, and -is _responsible for his/her own personal funds
unless such designation is made.
The Resident may revoke, at any time, the designation or
the Facility as the manager of his/her personal funds by providing
the Facility a ~r.ritten notice signed and dated by tbe Resident or
Responsible Party.
If the Resident transfers to the Home, responsibility to
_manage the Resident's personal !unds, the Facility will do so-in
accordance with the "Rights of Nursing Facility Residents", a copy
of which is. provided at the time of your admission, and the
Facility's personal funds management policy. The Facility may
deduct, at any time, charges due to the Facility under. this
agreement from the Resident's personal funds managed by the
Facility. .
13.
TERMINATION, TRANSFER OR DISCHARGE.
(a)
BY the Resident.: - The Resident may tenninate this
Agreement upon thirty (30) days written notice to the
Facility. If the Resident leaves the-Facility for any
reason other than a medical emergency' or his/her death,
the Resident must give written notice to the. Facility
at .least thirty (30). days in advancecif the departure/ .
transfer/discharge or termination of the Agreement.
If advance written notice is not given to the Facility,
.there will be due to the Facility its daily.and other
. charges then in effect for the Resident's current level
of care for the required thirty. (3D) day notice period.
The charge applies whether or not the Resident remains
at the Facility during the thirty (30) day period.
By the Facility: The Facility may terminate the
Resident I s stay and transfer or discharge the Resident
if:
(I) the transfer or discharge is necessary to
meet the Resident's welfare which cannot
be met by the Facility;
(b)
(II) the Resident's health or condition has
improved sufficiently that.the Resident
no longer needs the services provided by
the Facility;
(III) . the safety or health of individuals in the
Facility is or otherwise would be endangered;
~~ssion and ~are Agreement - con~inued
(IV) The charges or other amounts due to the
Facility \L~der this Agreement have not
been paid to the Facility or treated .as
paid to the Facility on the Resident's
behalf by Medical Assistance' under the
Pennsylvania Medical Assistanc~ Program
or by Federal Medicare benefits under
Title XVIII of the Federal Social Security
Act i OR
(V) The Facility ceases to operate.
The Facility generally will not.ify the Resident and
Responsible Party or if none, a family member or legal
representative of the Resident/if known to the Facility, at least
thirty (30) days in aqvance of such a transfer or discharge.
However, in any case, described in subparagraph (I), (II) or (III)
above/ or if the Resident has not resided at the Facility for at
least thirty (30) days, the Facility will give such notice berore
transfer or discharge as is practicable under the circumstances.
l4. TIURD PARTY PADmNTS. The Resident may be or may
become eligible, to receive financial assistance, reimbursement or
other benefits' Tram " third-parties, such as through private
insurance, employee benefit plans, medical assistance under the
Pennsylvania Medical Assistance Program,' Medicare benefits,
supplementary medical 'or other. health insurance, supplemental
securi.ty income insurance,' or old-age survivors' or disability
insurance under or pursuant to the Federal Social Security Act or
Program. If the Resident becomes eligible to receive payments from
any third-parties for the stay 'and care of the Resident, the
Res ident and Responsible Party shall/ at all ,times, cooperate fully
wi th the Facility and each third-party' payments. . Cooperation
includes / If/hen requested, providing information, signing and
delivering documents, and having the Facility designated by the
Social Security' Administration as the Resident / s representative
payee for receipt of Federal Social Security benefits or any other
governmental assistance, reimbursement or benefits to the extent of
all charges due the Facility. The ResidenL irrevocably authorizes
the Facility to make claims and to take such other actions as may
be necessary for the" Facility/s receipt of third-party payments.
To the fullest. extent permitted by la\'l, the Resident hereby assigns
to the Facility, the Resident's rights to any third-party payments
now or hereafter paYable to the. extent of all charges due to. the
Facility. The Resident and Responsible Party promptly shall
endorse and turn over to the Facility any payments received from
third-parties to the extent necessa-ry to satisfy the charges 'under
thi s Agreement. . .
AcirnissioD and Care A~e.ement - cOIl::.iDuea
_1.5. PERSONAL PROPERTY. The Resident is and will be
responsible To furnish and maintain his or her own clot.hing,
jewelry, personal possessions and ot.her items of property. The
Facility may limit the amount or type of property that the Resident
may keep at the Facility if there is insufficient space, or if
medically indicated or necessary.to protect the rights or welfare
of others. The Facility will not be liable for damage to or loss
of any personal property of the Resident unless the property is
deposited with the Facility for safekeeping. The Facility will
Drovide written receipt for any items of the Resident's property
deposited with the Facility.
16. RESPONSIBILITIES OF RESIDENT. The Resident s:t,all comply
- fully with all governmental laws and regulations, the provisions of
this Agreement and the Facility's existing policies, rules and
regulations which may, from' time to time, be altered or amended.
17.
MISCELLANEOUS PROVISIONS.
(a)
The Resident and Resuonsible Party acknowledge that
they are adult individ~a1s and hqve read and understand
the terms of this Agreement. .
(b)
The provisions of this Agreement shall be governed by
the laws of the' Commonwealth of .Pennsylvania and shall
be binding upon and inure to the.~benefit of each of the
undersigned parties and thefr respective heirs;,
personal representatives, successors and assigns.
(c)
The various provisions of this Agreement shall be
severable one from another. If any provision of this
Agreement is IDund by competent legal authority to be
invalid, the other provisions. .shall remain in full
force and effect as if the invalid provision had not
been a part of this Agreement.
(d)
The Facility reserves the right to modify unilaterally
the terms of this Agreement to conform to subsequent
changes. in the law or regulation' and changes in
charges. Resident will be .provided thirty (30) days
notice of changes 'in charges and, if practicable,
reasonable notice of any modifications required by law.
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CARLISLE. PA 11013-3019
717-243-9400 717-766--8475
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EXHIBIT "c"
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01/23/0B OB: 3~ AH medentvia V5I-FAX Fax# (717)-2~3-B57B
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Page 2 of 2 #37177 ~h
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\Spring Road
FAMILY PRACTICE JasonA Ramirez.MD
1921 SprmgR.oad .CarlJsle.PA ~ 17013. Phone:tll7) 243-5444. Fa {m) 243-8518 · www.sprlngRoadFP.com
DowE.~MD
WillIam S. kauf(ma:rl,MD
Bryan Retd..MD
January21,2008
Maria Macus-Bryan
Shug,art and Bogart Fax 909-5925
Re: Bertha E Sterle (DOB: 11/17/1906)
To Whom ft May Cerlcem:
Bertha Sterle is a greater than 1 OO-year-oId female resident of Church of God Nursing Home who r
have known for many years. Althoug, she is pleasant and has no behavior problems, she does
suffer from dementia and is not able to take care of her 0\Nl'1 affairs, financial or otherwise.
Please Cerltact me if there are any questierls regardng the affairs of this very pleasant lady.
William S. Kauffman, M.D.
WSKmw
EXHIBIT liD"
..
ACCEPTANCE OF PROPOSED
PERMANENT PLENARY GUARDIAN
Good News Consulting, Inc. the guardian of the person and estate proposed in
the foregoing petition for appointment of a permanent plenary guardian of Bertha
Stone, the alleged incapacitated person, agrees to accept the appointment as permanent
plenary guardian and avers that:
1. The proposed guardian is Good News Consulting, Inc., which is currently
handling numerous guardianship matters similar to Bertha Stone.
2. Good News Consulting, Inc. is not a fiduciary of an estate in which the
alleged incapacitated person has an interest, and the proposed permanent
guardian of Bertha Stone has no interests adverse to her.
Dated: 1/31/0 3'
rz:: -~
Tina Hess, BS, CMC, RG-N6f' CGC
Vice President of Operations of
Good News Consulting, Inc.