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HomeMy WebLinkAbout02-19-08 (2) Ronald W. Costen Attorney at Law 7766l1aBoverdale Drive Harrisburg, Pennsylvania 17112 717-350-5141 February 12,2008 go s:JJ G'J --0 () i'n:c :JJ > c;::, "-:2.' '.' c, .. _:JJ <'~:;" en /' r:')oo :;:? (? -1'1 ~.J -n . ::..-i --0 .)>' ,...~ = ~ -T1 ~ The Honorable Glenda Farner Strasbaugh Register of Wills & Clerk of Orphans Court 1 Courthouse Square Carlisle, Pennsylvania 17103 - ~ -0 :]:. ~ -q \J},~?~; i}1t23 . .~.~~ i::="-') (n ~~"~; 1:--) .~( 1 ~ - In re: Letter your office received from Jon Vasko, Wellington, Fla. Dear Register Strasbaugh: I have been retained by the Administratrix, apparent, of the Estate of Sophie E. Vasko, late ofLemoyne, Cumberland County. Mrs. Vasko died on December 24,2007 after her daughter, Mary Ann Marte, had provided care to her in Mary Ann's home for the last 10 years. Mrs. Yasko died of the complications associated with Alzheimer's disease. Jon Vasko is the son of Sophie Vasko and the brother of Mary Ann Marte. The two have had a long and tumultuous history. I became involved in this family's issues about 10 years ago when I was asked to seek to have Jon Yasko removed as the Guardian of Mrs. Vasko's estate, a position he acquired after Mrs. Vasko was declared incapacitated and Judge Morgan appointed Mr. Vasko as the Guardian of the Estate as Mrs. Vasko's last, and only, power of attorney document had named him as her power of attorney. It was during his tenure as power of attorney that the Dauphin County Area Agency on Aging came to be involved in Mrs. Yasko's life as she was reported as being an older adult in need of protective services due to a number of factors. During the litigation to remove Mr. Vasko as the Guardian of the Estate the Dauphin County Area Agency on Aging joined as a party in seeking his removal. Ultimately the litigation was settled due to the protracted time it was taking to move the case forward. In the settlement Mr. Vasko resigned his position as Guardian of the Estate, paid $4,899.16 to the estate and the estate reimbursed his sister, Mrs. Vasko's care giver and Guardian of Mrs. Yasko's Person, $6,100.31 for funds expended by Mrs. Marte in having her mother go to Messiah Village's Alzheimer's Day Care Center for recreation, treatment and socialization. An expense that Mr. Yasko would not approve, along with other expenses he had refused to reimburse. Since writing to Mr. Yasko in early February asking that he renounce the ability to be a co-administrator, and providing him with a final accounting of his mother's estate, he has alleged wrong doing on the part of Accountant Shoop and his sister, neither of which have engaged in any wrongful behaVior. I wrote to him yesterday in response to his questions and copies of letters he sent to me which he had sent to you and to the District Attorneys Office of Cumberland County. I have also talked with and provided documentation to the County Detective's Office. My reading of the law is that the Register has discretion in the appointment of an out of state resident to be a co-administrator of an estate. I would also trust that the law provides the Register discretion in determining the most appropriate party to carry out the role of administrator of an estate from any past experience made known to the Register. I am enclosing for your review a copy of Judge Morgan's January 28th, 2002 Order appointing Larry Schoop, CPA to replace Jon Vasko as Guardian of the Estate of Sophie Vasko and ordering that Jon Vasko pay an agreed to amount of $4,899. 16 to Mrs. Vasko's estate (see Section 2 of the Order, page 3). It also lays out the parameters for Mrs. Marte to be compensated for the 24 hour daily care she provided to her mother. I am also enclosing two orders, one by Judge Morgan and another by Judge Hoover raising the monthly stipend paid to Mrs. Marte for caring for her mother as Mrs. Yasko's Alzheimer's disease worsened and the level of care giving responsibilities increased. Ultimately I would ask that you use your discretion and appoint Mary Ann Marte, the daughter of Sophie E. Vasko as the Administratrix of Mrs. Vasko's estate so that this matter may be disposed of in an expeditious and fair manner. lam, Sincerely, ~~ -- Ronald W. Costen Enclosures COPt Ronald W. Costen Attorney at Law 7766 Hanoverdale Drive Harrisburg, Pennsylvania 17112 717-350-5241 February 12, 2008 JonD. Vasko 9337 Via Elegante Village of Wellington, Florida 33411 In re: Your letters of February 6, 7 and 9 regarding the Estate of Sophie E. Vasko Dear Mr. Yasko: I have received the above referenced three letters pertaining to your mother's estate. Frankly your allegations of fraud and mismanagement by your sister and CPA Shoop are preposterous on their face, as the Dauphin County Court of Common Pleas, Orphans' Court Division has monitored the estate through annual reports to the Court and filings for increases in compensation to be paid to Mrs. Marte, your sister, for her on- going care of your mother 365 days per year for the last 10 years. Your sister provided that care to your mother from 1998 until December 24, 2007 at which time your mother died. I would point out that every person that has been involved in the care of your mother, including her personal physician, the day treatment staff at Messiah Village and the protective services personnel from both Dauphin and Cumberland County who periodically received allegations, from unknown sources, of "alleged neglect" of your mother, have provided nothing but praise and admiration for the quality of care your mother received and the loving relationship between her and Mrs. Marte and her family. Never was an alleged allegation of neglect made by this unknown party been substantiated and any person concerned with the care of your mother has throughout the years had on-going, and welcomed, access to your mother. I had planned to talk with you about the circumstances surrounding your mother's estate at the dinner following your mother's funeral. But since you did not attend her funeral, I was unable to do so. You will recall that litigation initiated by the Guardian of the Person of your mother, and joined by the Dauphin County Area Agency on Aging, in 2000 to have you removed as the Guardian of your mother's estate was settled by your resignation from that position and your payment of $4,899. 16 to your mother's estate. Additionally, the Court ordered that the Guardian of the Person of your mother be paid $6,100.31 from your mother's estate for services your mother had needed and received, which had been paid from the personal resource of your sister, but which you refused to reimburse her in your role as Guardian of the Estate. In another part of the settlement of the litigation, it was agreed that the Guardian of the Person of your mother, your sister Mary Ann Marte, would be compensated initially at $2,500 for caring for your mother in Mary Ann's home and meeting all of her personal needs accept those that were treatment related. Those were to be provided by other professionals. The Court determined that as time passed a revised rate of compensation for Mrs. Marte's daily care of your mother would be established commensurate with the cost of your mother being cared for in a personal care home, providing the level of services she needed, consistent with her Alzheimer's disease and her cognitive, behavioral and self -care abilities and incapacities. The specific wording of the Court's order is found on page 2 of Judge Morgan's January 28, 2002 order states, "For as long as Sophie E. Yasko is living with Ms. Mary Ann Kenney-Marte, the Plenary Guardian of the Estate is directed to pay to Ms. Mary Ann Kenney-Marte the amount of money equal to what it would cost to keep Sophie E. Yasko in a private personal care facility. The amount is presently determined by the Court to be $2,500 per month. The Plenary Guardian of the Estate shall also pay to Ms. Mary Ann Kenney-Marte such additional sums she pays, or has paid in the past, but for which she has not been compensated, as reasonably needed for the care and maintenance of Sophie E. Yasko." Enclosed you will find copies of two orders entered in relationship to compensation for Mary Ann for caring for your mother in Mary Ann's home. Those orders were obtained after your mother's illness worsened and greater amounts of time were needed to care for her, and as your mother lost more and more of her self caring ability, even her ability to safely swallow without coaching from Mary Ann. The Orders also reflect the increased cost of providing care to Mrs. Yasko in a certified personal care home, the standard the Court set for determining the compensation the Guardian of the Person would receive for caring for Mrs. Yasko. The first order was entered by Judge Morgan on February 27fl1 2003 following documentation of the increased care giving needs of your mother and the cost of providing care for her in a personal care home in the community, at that time. At that time Judge Morgan, as envisioned in his 2002 order raised Ms. Marte's compensation to $3,500 per month, retroactive to July 2002. The second order issued some four years later, by Judge Hoover, also following his analysis of your mother's needs, her resources and the costs of care in a personal care home, raised your sister's monthly compensation to $4,500 per month, retroactive to May 2006. The $14,500 paYment to your sister by Mr. Shoop, the Guardian of the Estate, was in direct response to Judge Hoover's order and was lawful andjustified. Finally, you raise the question of the $9,000 paid by the Plenary Guardian of the Estate to your sister in December 2007. The paYment was in two installations of $4,500, one early in December then another later in December for the work of that month. Mary Ann has been paid following each month's work taking care of your mother. So, she was paid in early December for the work she completed in November 2007. She was again paid in December for the work she had completed in December, thus the total of the two separate payments amounts to $9,000. Mr. Vasko, when I first wrote to you I was hoping to simplify for you, since you live in Florida, and your sister, since you and she have historically experienced difficulty in relating, the disposition of your mother's final estate. 1bat is still possible, but I do not see how your responses to date have been anything but confrontational and unjustified. I am providing copies of this letter and documentation to Cumberland County's Chief County Detective in the DA's Office and to the Register of Wills of Cumberland County. I hope that you will reconsider your posture and allow for this matter to be handled in the least costly, most straight forward and expeditious fashion. Sincerely, u) l \AIL/' Ronald W. Costen Attorney at Law CC: Les Freehling Chief County Detective Glenda Farmer Strasbaugh Register of Wills Office ... IN RE: SOPHIE E. Y ASKO AN INCAPACITATED PERSON : IN THE COUT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : Orphan's Court Division : NO. 675 DC 1999 ORDER OF COURT AND NOW, this )$;" dayof..j 4IK.I#~ ' 200~ by agreement of the parties, the Order of Court entered July 15, 1999, is modified as follows: 1. Larry B. Shoop, CPA, 71 I.State Street, Lemoyne, PA 17043, is hereby appointed the Plenary "Guardian of the Estate ofSopbie E. Vasko, an incapacitated person. He shall have authority and responsibility to manage and use the incapacitated person's property for her benefit in accordance with 20 Pa. C.S.A. Section 5536 (a) except as hereinafter specified for her benefit. The Plenary Guardian of the Estate shall take control " . of the incapacitated perSon's property and assure that it is adequately protected against loss; and shall invest said property in legal investments suitable to the incapacitated person's circumstances. The Plenary Guardian of the Estate shall be required to establish a budget and shall be required to file a report with the Clerk of Court about assets, investments, receipts and disb~nts, as required by 20 Pa. C.S.A Section 5521 (c), within ninety (90) days of this Decree and annually thereafter. The Plenary Guardian of the Estate is directed to keep monetary assets of the Estate in an account which provides FILED JAN 1 4 2002 monthly statements itemizing account activity. Monthly statements shall be forwarded to the Plenary Guardian of the Person of Sophie Eo: Yasko, Mary Ann Kenney-Marte. Upon the request of Mary Ann Kenney-Marte, the Plenary Guardian of the Estate shaI1 promptly . provide to Mary Ann Kenney-Marte any information within the knowledge of Plenary Guardian of the Estate concerning the Estate of Sophie E.. Vasko, providing such request is reasonable. A reasonable request would include but not be limited to a request for the identity of any recipient of assets of the aforesaid estate if not otherwise indicated on monthly financial statements. According to 20 Pa. C.S.A. Section 5536 (a), the Plenary . Guardian of the Estate is authorized to spend income for the aforesaid purposes without the Court's written approval. This Guardian of the Estate is not required to file a bond. The Guardian is required to file an Inventory pursuant to 20 Pa.C.S.A. Section 5142 within ninety. (90) days and annually thereafter. The Plenary Guardian of the Estate shall be compensated a reasonable fee, now set at $30 per month, plus actual expenses incurred in carrying out the dutieS of Plenary Guardian of the Estate. Further, the Plenary Guardian of the Estate is authorized to expend principal for the care, maintenance, medical, psychological, educational and other health care of Sophie E. Yasko without further approval of Court. For as long as Sophie E. Yasko is living with Ms. Mary Ann Kenney-Matre, the ?lenary Guardian of the Estate is directed to pay to Ms. Mary Ann Kenney-Marte the amount of money equal to what it would cost to keep Sophie E. Vasko in a private personal care fi1cility. The amount is presently determined by ~ \ tt.e Court to be $2~500 per month. The Plenary GuardiaD. of the Estate shall also pay to Ms. Mary Ann Kenney-Marte such additional sums she pays~ or bas paid in the past, but for which she has not been compensated, as reasonably needed for the care and maintenance of Sophie E.Yasko. To receive such additional sums, Ms. Mary Ann Kenney-Marte must provide an accounting to Plenary Guardian of the Estate of amounts so spent. The Court specifically finds that day treatment services for Sophie E. Yasko are to be paid for by the Guardian of the Estate and that all such services delivered to Sophie E. Vasko and paid for by Mary Ann Marte-Kenney are reasonable expenses. The Court further finds that Ms. Mary Ann Kenney-Marte shall be reimbursed by the Guardian of the Estate for all such day treatment services which have been delivered to Sophie E. Yasko and for which Ms. Mary Ann Kenney-Marte has ~ but for which she bas not been C01l!pensated as of the date of this Order. That amount is determined to be $6100.31 . 2. John D. Yasko~ Jr.~ former Plenary Guardian of the Estate of Sophie E. Yasko~ is Ordered to pay to the' Estate of Sophie E. Yasko, $4,899.16, as agreed to by the parties. 3. All parties to the Petition for Citation for Removal of Guardian Pursuant to 20 Pa. Cons. Stat. Section 5515, shall pay the costs ofIitigation associated with the matter and no costs of that litigation shall be paid from the Estate of Sophie E. Vasko for any party or for any purpose. " 4. The Petition for Citation for Removal of Guardian Pursuant to 20 Pa. Cons. Stat. Section 5515, filed by Mary Ann Kenney-Marte, the Guardian of the Person of Sophie E. Yasko, and the Dauphin County Area Agerq on Aging.is hereby DISMISSED WITH PREJUDICE. BY THE COURT: , ~G.;;R~RJUOOE 4 ~. . CERTIFICATION COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF DAUPHIN L JANE D. MARFIZO, do hereby certify that I am the duly elected Register ofWtDslClerk of the Orphans' Court in and for the CountY ofDAUP~ Commonwealth ofPemsy1vania, and as such duly elected official do hereby certify that the attached ORDER Is a troe and correct copy of the said doannent as it appears in the records of the Office of the Register ofWiDslClerk of the Orphans' Comt of said County. IN WITNESS WHEREOF, I have hereunto set my hand and official seal of my . office this 29111 day of JANUARY, 2002, at HARRISBURG, Pennsylvania. ,@,??t.* . er ofWiIIsIOerk of the OrpbaDS' Court INRE: - '--.;.-.", : IN THE COURT OF COMMO Sophie E. Yasko, an incapacitated person 4.... : OF DAUPlDN COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 675 OC 1999 AND NOW THIS ORDER ~7~ DAYOF ~~ ,2003, After the Court's review of the Plenary Guardian of the Person's Petition for Citation for Review Hearing to Compel the Plenary Guardian of the Estate to show cause why the Plenary Guardian of the Person's monthly stipend should not be increased from $2,500 to $3,500, and all other p)eRclines in this matter, as well as the Plenary Guardian of the Person's Motion for .Ju<.fgynem on the P~cling.c; Pursuant to Pa.R.C.P. No. 1034; IT IS ORDERED that the monthly stipend paid to Mary Ann Kenney-Marte, the Plenary Guardian of the Person of Sopbie E. Vasko, an incapacitated person, be increased from $2,500 per month to $3,500 per month, retroactive to July, 2002, and that the $3,500 monthly stipend be paid to the Plenary Guardian of the Person ofSopbie Vasko, so long as the Plenary Guardian of the Person continues to provide care, support, housing and other life sustaining services to Mrs. Vasko, or until further Order of Court. RI~ 6.~ ,SJ Warren. Morg~ Seniol judg~ . .!.~ IN RE: : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION Sophie E. Vasko, an incapacitated person : NO. 675 OC 1999 AND NOW TmS ORDER J d-L) DAY OF 0ir .2007, After the Court's review of the Plenary Guardian of the Person's Petition for Citation for Review Hearing to Compel the Plenary Guardian of the Estate to show cause why the Plenary Guardian of the Person's monthly stipend should not be increased from $3,500 to $4,500, and all other pleadings in this matter, as well as the Plenary Guardian ofthe Person's Motion for Judgment on the Pleadings Pursuant to PaR.C.P. No. 1034; IT IS ORDERED that the monthly stipend paid to Mary Ann Kenney-Marte, the Plenary Guardian of the Person of Sophie E. Yasko, an incapacitated person, be increased from $3,500 per month to $4,500 per month, retroactive to May, 2006, and that the $4,500 monthly stipend be paid to the Plenary Guardian of the Person of Sophie E. 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