HomeMy WebLinkAbout07-28-09IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
LIMA F. LANGTON, SCHUTJER
BOGAR LLC on behalf of PERINI
SERVICES/SOUTHAMPTON MANOR
LIMITED DBA SHIPPENSBURG
HEALTH CARE CENTER
ORPHANS' COURT
O.C. NO: 21-09-0553
JUDGE EBERT JR.
PETITIONER
WALTER M. PATTERSON III
INDIVIDUALLY, AND ED COLLINS
INDIVIDUALLY AND AS POWER OF
ATTORNEY FOR WALTER PATTERSON
RESPONDENT
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RESPONDENTS' RESPONSE OPPOSING PETITION FOR
APPOINTMENT OF A COURT AUTHORIZED REPRESENTATIVE
1. Admitted to the best of my knowledge
2. Denied. Walter Patterson is 59 years of age.
3. Admitted.
4. Admitted in part, denied in part. Petitioner has provided resident with some skilled
nursing services however petitioner was the subject of Capital Blue Crass Investigative
complaint regarding allegations of mis-management/manipulation of medical records that
affected patients insurance coverage, nursing services and invoiced amount . Additionally,
respondent has made. monthly pay-down amounts of $7,000.00 (Exhibit "A") toward
Shippensburg Matter No. 958-07 since on/around March "2009" and will. continue to make
proposed monthly pay down amounts of $250.00 (Exhibit "B"). Further stated, respondent has
applied (on behalf of patient Walter M Patterson) and received disability benefits of $27, 278.00
on/around July 20, 2009 and $1,568.00 monthly commencing August 2009 (Exhibit "C").
Further stated the disability benefits will apply to patients pay-down amounts (Matter 958-07)
and/or reduced Medical Assistance amounts.
5. Admitted .
6. Petitioner was the subject of a complaint from respondent due to petitioners
Business Manager Jeffrey Benevit not given respondent the true nature of respondents insurance
coverage upon request from respondent to preserve patients rights and caused patient harm.
Additionally, Business Manager Benevit willfully and knowingly ignored the records of
respondents as power of attorney submitted incomplete Medical Assistance application without
respondents knowledge or signature.
7. Admitted in part. The denial was due to petitioner failure to keep lines of
communication open in an attempt to deceive respondent and cause respondent harm (insurance
coverage and//invoiced amounts).
Subsequently respondent was approved for Medical Assistance.
9. Respondent was not aware that benefits were about to be discontinued until
respondent telephoned Medical Assistance Office (Cumberland County) on/around July 13,
2009. Additionally, after speaking with MA agent, respondent is co-operating with MA to
preserve respondents rights and submit the requested information. Patient continued eligibility
will be preserved when respondent provides the needed verification in ca-operation with CAO.
10. Respondent Ed Collins currently serves as Power of Attorney and is capable of
providing the needed verifications to the CAO or performing the machinations necessary to
establish his continued eligibility for MA benefits.
11. Respondent was never informed that patient resides in Alz.heimers unit.
12. Respondent Ed Collins currently serves as Power of Attorney , continues to be
preferred by patient and is capable of managing patients financial affairs and to take the steps
necessary to maintain his qualification for MA benefits. (Exhibit "D")
13. Respondent Ed Collins currently serves as Power of Attorney, continues to be
preferred by patient, Walter Patterson and is capable of managing patients financial affairs
and to take the steps necessary to maintain his qualification for MA benefits (Exhibit "D')
14. Respondent Ed Collins currently serves as Power of Attorney and continues to
be preferred by patient Walter Patient. Respondent Ed Collins is a willing and qualified
representative who is presently handling the MA benefits and application on patients
behalf to ensure that appropriate steps will be taken to determine and protect his elgibility for
MA benefits.
15. Admitted in part. Denied in part. Respondent is working ~~vith CAO to provide
the verification information which will result in Residents MA benefits continuing and the
withdrawal of any appeal.
16. Admitted in part. Since respondent became aware of prescribed timeframe,
the requisite verification information is being gathered to be submitted to the CAO and BHA to
approve continued MA benefits.
17. Respondent Ed Collins currently serves as Power of Attorney and continues to
be preferred by patient Walter Patterson. Respondent Ed Collins is a willing and qualified
representative who is presently handling the MA application on patients behalf to ensure that
appropriate steps will be taken to determine and protect his elgibility for MA benefits.s
18. Respondent Ed Collins currently serves as Power of Attorney and continues to
be preferred by patient Walter Patterson so that his best interests are protected. Respondent
Ed Collins is a willing and qualified representative (Exhibit "D").
19. Respondent Ed Collins currently serves as Power of Attorney and continues to
be preferred by patient Walter Patterson so that his best interests are protected. Respondent
Ed Collins is a willing and qualified representative (Exhibit "D")
20. Respondent Ed Collins currently serves as Power of Attorney and continues to
be preferred by patient Walter Patterson so that his best interests are protected. Respondent
Ed Collins is a willing and qualified representative (Exhibit "D")
21. Respondent Ed Collins currently serves as Power of Attorney and continues to
be preferred by patient Walter Patterson so that his best interests are protected. Respondent
Ed Collins is a willing and qualified representative (Exhibit "D").
22. Respondent Ed Collins currently serves as Power of Attorney an continues to
be preferred by patient Walter Patterson so that his best interests are protected. Respondent
Ed Collins is a willing and qualified representative (Exhibit "D").
Respectfully submitted,
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Ed Collins, POA
P.O. Box 2105
Harrisburg, PA 17105
717-421-3108
Dated: July 28, 2009
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Louis J. Capozzi, Jr., Esquire*
Daniel K. Natirboff, Esquire
Donald IL Reavcy, Esquire
Bruce G. Baron, Esquire
Andrew R. Eisemann, Esyuire
David C. Daglc, Esyuirc
'Trudy A. Mintz L'syuire**
'T'imothy Ziegler, Reimb. Analyst
Karen L. Fisher, Paralegal
Jennifer Kain, Paralegal
Keyoung Gill, Paralegal
• (licensed in PA, NJ and MD)
•• (licensed in PA and MD)
Eddie L. Collins, Jr.
2234 Penn Street
Harrisburg, PA 17110
Ca
2933 North Front Street
-,~ Harrisburg, PA 17110
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~ZZI UC. SSOC1ateS .L ••~' Telephone: (717) 233-4101
horn S t GZ`ZU Fax: (717) 233-4103
www.capozziassociatcs.com
Craig I. Adler, Esq.
Of Counsel
March l 8, 2009
Re: Account with Shippensburg Health Care Center
Account Name: Walter Patterson
Our Matter No.: 958-07
Dear Eddie:
This is in response to your correspondence to me dated March 5, :?009 requesting that I
postpone taking any further action on this matter until July 10, 2009 because you are attempting
to obtain a loan. As you are aware, on December 29, 2008, my client obtained a Judgment
against you personally in Cumberland County. You have delayed payment on the past due
balance far too long.
I am demanding that you start making good faith payments until you are able to close on
the loan you are attempting to secure. I would expect monthly payments in the amount of no less
than $250.00 per month made payable to "Capozzi & Associates, P.C.", with the first monthly
payment to be received by this office no. later than April 15, 2009. Upon receipt of the first
payment, I will mail a Settlement Agreement to you for your signature.
Again, pursuant to the Court Order, provide me with an update otI the current status of
the sale of Walter Patterson's house and vehicle. If I do not receive the first monthly payment
from you on or before April 15, 2009, I will advise our client to proceed with execution and levy
on its Judgment against you.
ARE/kj g
cc: Kelly Macbeth, Esquire
THIS LETTER AND ANY FUTURE LETTERS FROM OUR FIRM ARE AN ATTEMPT TO COLLECT A
DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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k Social. Security Administration
~'~~, Retirement, Survivors and Disability Insurance
Notice of Award
Mid-Atlantic Program Service Center
300 Spring Garden Street
Philadelphia, Pennsylvania 19123-2992
Date: July 14, 2008
Claim Number: 175-40-5450HA
000842 MCSM72 NI 1.840
WALTER M PA'I'TERSON
121 WALNU'T' BO"I'TOM RD
SI~IPPENSBURG, PA 17257-8131
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You arc entitled to monthly disability benefits beginning January 2008.
The Date You Became Disabled
We found that you became disabled under our rules on January ] 0, 2007.
Our records show that you became disabled on January 10, 2007. By law, we
can pay benefits no earlier than 12 months before the month of filing. Since you
filed for benefits on January 6, 2009, monthly payments will begin January 2008.
What We V/ifl Pay And When
• You will receive $27,278.00 around July 20, 2009.
• This is the money you are due for January 2008 through June 2009.
• Your next payment of $1,568.00, which is for July 2009, will be received
on or about the second Wednesday of August 2009.
• After that you will -receive S 1,568.00 on or about the second Wednesday of
each month.
• These and any future payments will go to the financial institution you
selected. Please let us know if you change your mailing address, so we can
send you letters directly.
The day we make payments on this record is based on your date of birth.
Enclosure(s):
Pub OS-10153
C See Next Page
it ~
July 21, 2009
To Whom It May Concern and/or Orphans Court:
I, l.~ ~ , of sound mind ,OPPOSE the removal of Ed Collins
as Power of Attorney.
I am fully aware of the decisions made by Mr. Collins concerning my finances and the
circumstances surrounding Medical Assistance as he has kept me fully informed.
I approved the "gifted" amounts from my account and I am aware of the circumstances
surrounding the sale of my house.
I am also awaze that Mr. Collins has taken the necessary steps to address any/all financial
matters pertaining to invoiced amounts from Shippensburg Health Care Center and has provided
the needed information for approval of Social Secutiry benefits therefore there is no need nor
reason to remove Mr. Collins as Power of Attorney. I am PLEASED with Mr. Collins.
I DO NOT want the COURT to appoint a representative or independent third party to assist
me for medical assistance purposes. Mr. Collins is currently working with the County
Assistance Office to satisfy all requirements. Additionally, I continue to believe, and has
discussed with Mr. Collins, that my invoiced amounts have been inflated and/or manipulated
along with false medical reports by design to cause me further harm and to prevent my relocation
closer to Harrisburg, Pennsylvania.
My BEST INTERESTS will be served by Ed Collins remaining Power of Attorney.
Sincerely,
Walter M. Patterson, Patient
Shippensburg Health Care Center
121 Walnut Bottom Road
Shippensburg, Pennsylvania 17257
Cc: file