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HomeMy WebLinkAbout98-0634 INRE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA RUTH FRANK, An Incapacitated Person : ORPHANS' COURT DIVISION : NO. 21-98-634 Bg ..jd =:2_~ ~: ?'-~ ~-r-l :-"''1 PETITION FOR ALLOWANCE OF GUARDIAN FEE ,-=~) -n , -~ AND NOW COMES THE PETITIONER, the Area Agency on Aging, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who represents and avers as follows: 1. The Petitioner is the Area Agency on Aging, in and for Cumberland County, with its office located at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. On August 7, 1998, Petitioner filed a Petition for the Appointment of Emergency Plenary Guardian of the Person and Estate of Ruth Frank. 3. On August 13, 1998, Petitioner was appointed Emergency Plenary Guardian of the Person and Estate of Ruth Frank. 4. On August 28, 1998, Ruth Frank was adjudicated an incapacitated person and Petitioner was appointed Plenary Guardian of the Person and Financial Trust was appointed Plenary Guardian of the Estate of the said Ruth Frank. A copy of the '" ~-';""" c.S 0.' f"' I~ .-...... :!:~~ -. ,. . \'-.) -.J .r ;; 0"" appointment of the Petitioner is attached hereto, marked as Exhibit "A" and incorporated herein by reference. 5. Financial Trust which has subsequently been acquired by M&T Bank filed a First and Final Account with proposed distribution on December 3, 2002, which Account was confirmed on January 14, 2003 by Judge George Hoffer. A copy ofthe Schedule of Proposed Distribution is attached hereto, marked as Exhibit "B" and incorporated herein by reference. 6. Petitioner believes and, therefore, avers that Financial Trust, now M&T Bank, has discharged its duties as Permanent Plenary Guardian of the Estate since all ofthe assets of Ruth Frank have been expended. 7. To Petitioner's knowledge, the Plenary Guardian ofthe Estate no longer provides any services for the said Ruth Frank. 8. Petitioner, as the Plenary Guardian ofthe Person of Ruth Frank, continues to perform its duties as Plenary Guardian of her Person. 9. Medical Assistance regulations as set forth in Nursing Care Handbook instructions allow for the payment of Guardian fees as a deduction when determining contribution toward cost of care. 10. The amount of the Guardian's fee that is allowable as a deduction is the actual fee paid subject to a maximum of 10% of the person's gross monthly income or $100.00 per month, whichever is less. 11. The said Ruth Frank receives monthly social security benefits which, at the time of the filing of the Guardianship Petition, was $800.00 per month and is now higher. 12. Petitioner believes and, therefore, avers that it is entitled to receive payment of a Guardianship fee as allowed by Medical Assistance regulations and that said fee be a deduction toward the cost of the care of Ruth Frank. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order granting payment of a Guardian fee to Petitioner subject to a maximum of 10% of Ruth Frank's gross monthly income or $100.00 per month, whichever is less. Respectfully submitted, Date: ttyo?,~ o/'dof , .~ ~.4,- Anthony L. uca, Esquire / / . . 113 Front Street P.O. Box 358 Boiling Springs, P A. 17007 (717) 258-6844 ill No. 18067 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for Allowance Of Guardian Fee 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: ~n \ ~~ ~oog I d~~-P~ Janet Paull IN THE MATTER OF THE PERSON AND ESTATE OF: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH FRANK, an alleged incapacitated person ORPHANS' COURT DIVISION 21-98-634 IN RE: PETITION FOR APPOINTMENT OF PERMANENT PLEN&~Y GUARDIANS OF THE PERSON AND ESTATE BEFORE OLER. J. ORDER OF COURT AND NOW, this 28th day of August, 1998, upon consideration of the petition for Appointment of Permanent Plenary Guardians of the Person and Estate of Ruth Frank, and following a hearing at which the subject of the proceedings was present with her court-appointed counsel, Lindsay Dare Baird, Esquire, and at which her sister and daughters were present, Ruth Frank is adjudicated an incapacitated person, and Financial Trust is appointed plenary guardian of her estate, and the Area Agency on Aging, County of Cumberland, is appointed plenary guardian of her person. The guardians are directed to file reports in accordance with the provisions of 20 Pa. C.S. 5521(c) . Notice is hereby provided to Ruth Frank of her right to appeal and to petition to modify or terminate the guardianship. In addition, the Court has indicated to Ms. Frank's daughters and sister that it will entertain a petition at any time to reconsider the guardianship of her person in the EXHIBIT "A" event that alternative arrangements within the family can be made and appear acceptable for her well-being. ~~hony L. DeLuca, Esquire ~; the Petitioner Lindsay Dare Baird, Esquire For the Respondent Office of Aging :srs By the Court, J .It I . r:. , \ . \' " :> , , ""1 :, ~ , i } ~~ ,1:_ 1 . i' ; . COURT OF COMMON IILl~AS 01: CUMnElU.AND COUNTY. IJENNSYt VANIA ORPItANS' COURT DiVISION NO. 21~98.634 OUARDlANSlJIP I:OR RUTII FRANK 'AN ALI.EOED INCAI'ACITATEl) PERSON , ~DULE OF PROPOSED D1STRlIlUTION' " Balance for distribution lIS per First llndFinl11 Account" $10.920.00 DISTRIBUTION ' Claremont Nursing and Rehabilitation Center Reserve for services rendered for the benefit of Ruth Frank Princ:iPlll- $10.332.34 Income- 587.66 TOTAL FOR DISTRIBUTION , 510.920.00 . ' , " ' , ~rA~EMENTOFTHE REASONS FOR TUE I'ROPOSED D1STRtRUT10N The above distribution is proposed due to th~ fllctthat the funds with Manufl1cturers ~d Traders TNSt Co. for the benefit of Ruth Frank.,an alleged incapacit1ltcd person. arc to the point orbcing'depleted. Miss Frank hIlS resided llt Claremont Nursing and Rehabilitation Center sinccl998. ' -', I .' . ;. Maria A. Tompkins, bCing duly sworn I1ccording to law. deposes and says that she Is Trust Officer of Manufacturers nnd Traders Trust Co.. the Account of the above nnmed, " and thllt the fllClS'set forth in the Stl1tcmen the RCIlS~'fO the propo.scd Distribution are trust and correct. ," , . . I ",,', . Tompkins, 5t Officer I I' j I I i I \ , 'J .....,. . ....,-...-- . l.t'tA'~"'I~; ; 'ftNtri ..'. 1...."., ...,'....\1 P\t40 ~,....~ ~"'I. '..dl'........i...'.. .... I ,,......_....'~l~.\!"ua..\'.., ,~ .- -----.... . ..- ..~~'iM..~,..- -25- EXHIBIT "B" . ~ ' ;., ' ....., , . I \., . I, ,I. I, , , ~. . \ i::' ';'~ li_ .. . ., . ',jl I ~; "., ./.. - \', ,; \ .' , ,:'~. i:'".'* , "'4,& .;1: ":,-, , . , . ,. ,;,:II!!!.,,' '.',' ~ <"2,~ I \' ' I \' I ... ..... ,'~'.! ,~ ,+. ~l _. '....,. ,.011 ;,:. '-" ~. \,- ,- - . 'I' ,.'1." \, :0'.,'" .:' I ',I SUMMARY OF ACCOUNT Guardianship for Ruth Frank For Pettod of 09/15/1998 I hrough 1012312002 Page Proposed Distributions to Benenclarles CurreRi Value Fiduciary Acqulslllon Value ..a........._ _===_==_:...... 0.00 0.00 ," PRINCIPAL Receipts: Per Inventory Filed Subseq Pm Receipts Net Gain (or Loss) on Sales or Other Disposition 1-3 4.5 Less DiSbursements: General Disbursements Fees end Commissions 6.9 9.10 Balance before Distributions Distributions to BeneRclarles . Principal Balance on Hand ' For Informallon: Investments Made . Changes In Investment Holdings 10 10 11 . 12 INCOME Receipts: This Account Net GaIn (or Loss) on Sa~es or other Dlsposlllon 13.14 Less Disbursements 15.,23, Balanee Before OlstribuUon Distributions to BeneRclaries Income Balance on Hand, 23. For Informallon: Investments Made . Changos In Investment Holdings , . COMBINED BALANCE ON HAND 265,040.39 6,113.00 ,,' 163.780.89 114.070.55 3,634.29 281.485.73 271.1.53.39 . 10,332.34 0.00 10.332.34 88,087.42 0.00 88,087,42 87,499.76 587.66 . 0.00 $ 587.66 S 10,920.00 =C1:I===C==..==== _L :::1. JiIP: ":Ai1l1 ~ '-:,i.};, 'J:iitl " ..Iii " ..iiIIi!. .~-.; ,.IE' " .,'!IE: . ,,'JEl: . .-a "'. jE ,\' , \: , .;t'; ~_ ,.~; ,.:~; '. . I \ ' '~ ,'.,t', ,: "'l ." f. ~ ~ , '"., ',''4ll. .' ..,.ft .1 . .1'.... .... , '-. \.,<'. '.. . ,,*,-, " ., ('<.:: i ~,:;';'. .:;~illl , ..... ~ .:.... I ..... . .:... .,.,..\~.:&.,...: .~ ;~:'I: ":~.: '. . ... ... ',....,. ...' .. '........ ,.. '-~.~ ... ".l.\o;. ,', ,i.,~. ;'."I~'.i. ',..,L~ .~'9'. <);' _::>.,._,:'.;(1 , -fj< .1 , ~ INRE: : IN THE COURT OF COMMON PLEAS OF : OF CUMBERLAND COUNTY, PENNSYLVANIA RUTH FRANK, An Incapacitated Person : ORPHANS' COURT DNISION : NO. 21-98-634 ORDER OF COURT AND NOW, this ~o(t day of May, 2008, upon review of the Petition for Allowance of Guardian Fee, it is hereby Ordered and Decreed that the Petitioner is entitled to receive payment of a fee for services rendered, as Plenary Guardian of the Person of Ruth Frank. subject to a maximum of 10% of Ruth Frank's gross monthly income or $100.00 per month, whichever is less. 1. CC: Anthony L. DeLuca, Esquire Attorney for the Area Agency on Aging Area Agency on Aging Maria A. Tompkins, Trust Officer M&TBank V'd "OJ OIN1H38/IJrO mnoo S,NYHdHO :10 )18318 00 .,;.; ~V z- NOr 600l '---'~.-'----'~'-'----- ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: RUTH FRANK, AN INCAPACITATED PERSON CUMBERLAND COUNTY PENNSYLVANIA NO. 21-98-0634 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 05/30/08 JUDGE'S INITIALS: JWO TIME STAMP DATE: 06/02/08 IN RE: ORDER OF COURT .................................................................,.."......,......"...."""....,'",..""""....""..",......",.."",....".."..........",......,",,.."......",...."" SERVICE TO: ANTHONY DELUCA ESQ MARIA A THOMPKINS (M&T BANK) METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS [J RRR [J HAND DELIVERED [J OTHER_ IZI PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 06/02/08 ......",...,..,......"""",......"....,......",.."""",'",'"""........""""....""...."""..,......",...."..",...."..","",..",.."".... SERVICE TO: JANET PAULL METHOD OF MAILING: ENVELOPES PROVIDED BY: [] USPS [] RRR I:8J HAND DELIVERED D OTHER_ o PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 06/02/08 1\ Deputy Clerk of Orphans' Court . ~, 9~- ~3y berland County Office of Aging & Community Services 16 West High Street, Carlisle, PA 17013 1717] 240-6110 or 697-0371, Ext. 6110 532-7286, Ext. 6110 Fax: 240-6118 website: www.ccpa.net/a2in¢ e-mail: aeine(a~cepa.net ANNUAL GUARDIANSHIP REPORT FOR RUTH FRANK December 1, 2008 Report from Guardian of Person Cumberland County Office of Aging Priscilla Whitman, Aging Care Manager III N On August 13, 1999, Judge J. Wesley Oler appointed the Cumberland County Office of Aging temporary Guardian of Person for Ruth Frank. Following this appointment, Ms. Frank was discharged from the Holy Spirit Hospital and admitted to the Claremont Nursing and Rehabilitation Center where she currently resides. On August 28, 1999 the Cumberland County Office of Aging was appointed permanent guardian of Person. Bruce Barclay Chairman Gary Ei erger ~ Viceirman Richard L.~nuegno i. , --~- ~~ ~ 7erty/..lsadey - _ --, i- recror ~ ^ - - - , _,,. _~ " ,°5 ~ o ;~ At the time of her hospitalization, Ms. Frank was diagnosed with chronic obstructive pulmonary disease, malnourishment, dehydration, atrial fibrillation, and dementia and schizophrenia paranoia type. This past year Ms. Frank has been medically stable. She has experience an increase in agitation and is now taking Ativan .Smg daily and her Sereoquel was increased from SOmg in the morning and100 mg afternoon because of the increase in crying spells. The doctor also ordered a fall out chair that she can be in when extremely agitated. Her other medical conditions include: non-insulin diabetes, acid indigestion and osteoporosis. Her other medications include: Amaryl, Zantac, Oscal and Potassium, Ativan and Celexa. She also has Albuterol Nebulizer breathing treatments as needed for wheezing. Ms. Frank continues to require maximum assistance with all her activities of daily living. This includes personal care, dressing, grooming, eating and mobility. Her nutrition since last review has not been good. Ms. Frank has been on a special diet known as Full Liquid Diet Plus with additional foods such as pudding, oatmeal and ice cream. This diet provides more calories and protein. Ms. Frank is very reserved and rarely initiates any conversation. The staff enjoys her and she has no complaints regarding her care. She is on a restorative program and is walked with one assist with walker. She enjoys attending activities on a regulaz basis more as a passive participant but especially likes those involving music or religion. She also likes the bird in the day room and the cat that wanders around. The care manager made HUMAN SERVICES BUILDING ,, -,. numerous visits to Ruth during the year and the- nursing home staff updates the care manager whenever there are any concerns or medical problems. It is the request of the Cumberland County Office of Aging that the agency retains Guardianship of Person for Ruth Frank. The Claremont Nursing and Rehabilitation Center has demonstrated an adequate quality of care for client by managing her daily needs and continuously monitoring her medical conditions. Therefore, we believe that Ms. Frank should continue to reside in that nursing facility. !~"~'°~-~~~ CUMBERLAND COUNTY ~~ ~ ~~~ ~'` AGING & COMMUNITY SERVICES ~~+ 16 WEST HIGH STREET, SUITE 100 CART_ISLE, P~ 17013 ~ ~~ (717) 240-6110 oR 1-888-697-0371 t~.xT 6110 _ _, _ ,~,,~ t~ ~: (717) 240-6118 One Team ...One Mission Gary Eichelberger Chairman Richard L. Rovegno Vice Chairman Barbara B. Cross Secretary Terry L~ley ~ D~eertor ~-~ C?~ ~~.. ~, rT~ ~ I"Yl " ~! ,,~.~. r....~ r-r; N ANNUAL GUARDIANSHIP REPORT FOR RUTH FRANK December 7, 2009 Report from Guardian of Person Cumberland County Office of Aging Priscilla Whitman, Aging Care Manager III . ,.~ u7 ~- -_ -~ ~. ,~ .. On August 13, 1999, Judge J. Wesley Oler appointed the Cumberland County Office of Aging temporary Guardian of Person for Ruth Frank. Following this appointment, Ms. Frank was discharged from the Holy Spirit Hospital and admitted to the Claremont Nursing and Rehabilitation Center where she currently resides. On August 28, 1999 the Cumberland County Office of Aging was appointed permanent guardian of Person. At the time of her hospitalization, Ms. Frank was diagnosed with chronic obstructive pulmonary disease, malnourishment, dehydration, atrial fibrillation, and dementia and schizophrenia paranoia type. This past year Ms. Frank has been medically stable. She has experience an increase in agitation and is now taking Ativan .Smg daily and her Sereoquel was increased from SOmg in the morning and100 mg afternoon because of the increase in crying spells. Her other medical conditions include: non-insulin diabetes, acid indigestion and osteoporosis. Her other medications include: Amaryl, Nexium, Oscal and Potassium, Ativan and Celexa. She also has Albuterol Nebulizer breathing treatments as needed for wheezing. Ms. Frank continues to require maximum assistance with all her activities of daily living. This includes personal care, dressing, grooming, eating and mobility. Ms. Frank has been on a special diet known as Full Liquid Diet Plus with additional foods such as pudding, oatmeal and ice cream. This diet provides more calories and protein. She likes this diet and has been able to maintain her weight. Ms. Frank is very reserved and rarely initiates any conversation. The staff enjoys her and she has no complaints regarding. her care. She is on a restorative program and is walked with one assist with walker. She enjoys attending activities on a regular basis more as a passive participant but especially likes those involving music, animals or religion. She also likes to look at magazines. She likes to talk about her days on the farm. Ruth likes the bird in the dayroom and the cats that wander around. I?MAIL US n"I' aging@ccpa.net OR VISI'T' OUR WEBSI'T'Fs A'T' www.ccpa.net/aging V IV r-:, ,, } _ -=, -~~= . , ' F. ti .;~ -. ---~ - ~ .,. ~ r , ;~ ,~~~ ._~ .~ ~ 11 The care manager made numerous visits to Ruth during the year. The nursing home staff notifies the care manager when there are any changes in condition or if there are any problems. It is the request of the Cumberland County Office of Aging that the agency retains Guardianship of Person for Ruth Frank. The Claremont Nursing and Rehabilitation Center has demonstrated an adequate quality of care for client by managing her daily needs and continuously monitoring her medical conditions. Therefore, we believe that Ms. Frank should continue to reside in that nursing facility. q~-6~3~ ___ ~~~ CUMBERLAND COUNTY AGING & COMMUNITY SERVICES ~. I~\ 16 WEST HIGH STREET, SUITE 100 CARLISLE, Pr1 17013 f,\ ~ (717)240-G11a OR 1-888697-0371EXT6110 - - FAX: (717) 240-6118 One Team ...One Mission Cary E.otK~' or Chd~n and L. Ro 0 V 'e Chap ~' a B. Crsss Secrefw~ Q~ L Bader ANNUAL GUARDIANSHIP REPORT ~~~ Direa FOR RUTH FRANK _ ~ . '~' N ._.t November 1, 2, 2010 Report from Guazdian of Person Cumberland County Office of Aging Priscilla Whitman, Aging Caze Manager III On August 13, 1999, Judge J. Wesley Oler appointed the Cumberland County Office of Aging temporary Guazdian of Person for Ruth Frank. Following this appointment, Ms. drank was discharged from the Holy Spirit Hospital and admitted to the Clazemont Nursing end Rehabilitation Center where she currently resides. On August 28, 1999 the Cumberland County Office of Aging was appointed permanent guazdian of Person. At the time of her hospitalization, Ms. Frank was diagnosed with chronic obstructive pulmonary disease, malnourishment, dehydration, atrial fibrillation, and dementia and schizophrenia pazanoia type. This past yeaz Ms. Frank has been medically stable. She is on Gludophage and Amaryl for diabetes. She remains on Sereoquel because of her crying spells and ~antac for reflux disease. She is on Celexa for depression. She also has Albuterol Nebulizer breathing treatments as needed for wheezing. Ms. Frank continues to require maximum assistance with all her activities of daily living. This includes personal care, dressing, grooming, eating and mobility. Ms. Frank was put back on the diet known as Full Liquid Diet Plus with additional foods such as pudding, oatmdal and ice cream because she was experiencing a slight reduction of appetite. This diet provides more calories and protein. Ms. Frank is very reserved and razely initiates any conversation. The staff enjoys her and she has no complaints regazding her care. She is on a restorative program and is walked with one assist with walker. She enjoys attending activities on a regulaz basis more as a passive participant but especially likes those involving music, animals or religion. She likes to talk about her days on the farm. Ruth likes the bird in the dayroom and the cats that wander around. The care manager made numerous visits to Ruth during the year. The nursing horlhe staff notifies the caze manager when there aze any changes in condition or if there are any problems. EMAIL US AT aging@ccpa.net OR VISIT OUR WEBSITE A't www.ccpa.net/aging _.t.'s ;~ ~; '.. i .~. ~ G`~ ~-'; 1... • q`..,~ _, a =`~ i u"~ ~3 It is the request of the Cumberland County Office of Aging that the agency retains Guardianship of Person for Ruth Frank. The Claremont Nursing and Rehabilitation Center has demonstrated an adequate quality of care for client by managing her daily needs and continuou$ly monitoring her medical conditions. Therefore, we believe that Ms. Frank should continue to reside in that nursing facility.