HomeMy WebLinkAbout04-0489
IN RE: LUCILLE PHILLIPS
An alleged incapacitated person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2004-489
IMPORT ANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the Court to have you declared an Incapacitated Person. If the
Court finds you to be an Incapacitated Person, your rights will be affected, including your right to
manage money and property and to make decisions. A copy of the petition which has been filed by the
Area Agency on Aging is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. J., Cumberland
County Courthouse, Carlisle, Pennsylvania, on Mav 27 ,2004, at 3:00 P.M. to tell the
Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on your
behalf.
To be an incapacitated Person means that you are not able to receive and
effectively evaluate information and communicate decisions and that you are unable to
manage your money and/or other property, or to make necessary decisions about where
you will live, what medical care you will get, or how your money will be spent.
At the hearing, you have the right to appear, to be represented by an attorney, and
to request a jury trial. If you do not have an attorney, you have the right to request the
Court to appoint an attorney to represent you and to have the attorney's fees paid for you
if you cannot afford to pay them yourself. You also have the right to request that the
Court order that an independent evaluation as to your alleged incapacity.
If the Court decides that you are an Incapacitated person, the Court may appoint a
Guardian for you, based on the nature of any condition or disability and your capacity to
make and communicate decisions. The Guardian will be of your person and/or your
money and other property and will have either limited of full powers to act for you.
If the court finds you are totally incapacitated, your legal rights will be affected
and you will not be able to make a contract or gift of your money to other property. If the
court finds that you are partially incapacitated, your legal rights will also be limited as
directed by the Court.
If you do not appear at the hearing (either in person or by an attorney representing you)
the court will still hold the hearing in your absence and may appoint the Guardian requested.
By'
Clerk, Orphans' Court Division
Cumberland County, Carlisle, P A
My Commission Expires 1st Monday,
January, 2006
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INRE:
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY, PENNSYLVANIA
LUCILLE PHILLIPS ORPHANS' COURT DIVISION
An alleged incapacitated person:
: NO. c.2 I - eLl - l( C] <l
AND NOW, this
, 2004, in consideration of the
foregoing petition and on motion of the Are
ncy on Aging, in and for Cumberland
County, Pennsylvania, through their Counsel, Anthony L. DeLuca, Esquire, it is
ORDERED AND DECREED that a Citation be awarded, directed to Lucille Phillips to
show cause why an emergency guardian of her person and estate should not be appointed,
and why she should not be adjudged an incapacitated person and a permanent guardian of
her person and estate should not be appointed.
The time and place of hearing on the Petition for Appointment of an Emergency
Guardian of the Person and Estate of the alleged incapacitated person are fixed for
~, 2004 at "3.-0 () a.m~, prevailing time in Courtroom #...3
......... ,
on the 4th Floor of the Cumberland County Courthouse, Orphan's Cotrii Divi~,
Carlisle, Pennsylvania.
The alleged incapacitated person shall be given notice of the hearing orb-~
appointment of an emergency guardian of her person and estate by serving her p~rsonally
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with the Citation and this Order of Court and a copy of the foregoing Petition prior to the
time of such emergency hearing.
The Court finds that the following additional notice to others of the hearing on
appointment of an emergency guardian of the alleged incapacitated person is feasible
under the circumstances and directs that same be attempted to be made upon the
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following person in the following manner: Edward Dowd, Charles Dowd, and Robert
Dowd by first class United States mail.
The time and place of hearing on the Petition for Appointment of a Permanent
Guardian of the Person and Estate ofthe alleged incapacitated person are fixed for
Cf.hJ ;;l 3 , 2004, at J: 3 D a.m.lp.m:, prevailing time in Courtroom # ~
on the 4th Floor of the Cumberland County Courthouse, Orphan's Court Division,
Carlisle, Pennsylvania.
At least twenty (20) days written notice ofthe hearing on appointment of a
permanent guardian of the person and estate shall be given to Lucille Phillips, the alleged
incapacitated person, by serving her personally with the Citation and this Order of Court
and a copy ofthe foregoing Petition together with an explanation of the content and terms
of the Petition. Additionally, at least 20 days written notice ofthe Petition and hearing on
appointment of a permanent guardian shall also be given to: Edward Dowd, Charles
Dowd, and Robert Dowd b~te
~ ~ . shall e appointed to represent Lucille
Phillips, the alleged incapacitated person.
BY THE COURT,
,
J.
INRE:
: IN THE COURT OF COMMON PLEAS OF
: OF CUMBERLAND COUNTY, PENNSYLVANIA
LUCILLE PHILLIPS : ORPHANS' COURT DIVISION
An alleged incapacitated person:
: NO. 2/ - lt~ - 4'g't
PETITION FOR THE APPOINTMENT OF
EMERGENCY PLENARY GUARDIAN OF THE PERSON AND ESTATE
IN ACCORDANCE WITH 20 P.S. &5513 AND FOR PERMANENT PLENARY
GUARDIAN OF THE PERSON AND ESTATE
PURSUANT TO 20 P.S. &5511
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,
Pennsylvania, with its office located at 16 West High Street, Carlisle, Cumberland
County, Pennsylvania.
2.
The alleged incapacitated person is Lucille Phillips, age 76, who currently resides
at 5 West Pitt Street, Carlisle, Cumberland County, Pennsylvania and has resided there
for a period exceeding 1 year prior to the filing of this Petition.
3.
The known relatives of the alleged incapacitated person are:
a.
Edward Dowd - Brother
608 West North Street
Carlisle, Pennsylvania 17013
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b.
Charles Dowd - Brother
2111 Pine Road
Newville, Pennsylvania
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c. Robert Dowd - Brother
15 Natures Crossing
Mechanicsburg, Pennsylvania 17055; and
d. David Dowd - Brother
Where abouts unknown
4.
The Petitioner is not related to Lucille Phillips.
5.
The Petitioner's interest is that of a welfare agency concerned with her welfare
and is familiar with her case.
6.
Lucille Phillips has, for at least three (3) months, been incapable of managing and
caring for herself and her financial affairs.
7.
Lucille Phillips exhibits symptoms of mental incapacity, including but not limited
to dementia and organic mental disorder.
8.
Lucille Phillips's mental incapacity prevents her from managing and caring for
the affairs of her person and estate.
9.
On or about March 30, 2004, the Petitioner received a report for need of
Protective Services for Lucille Phillips.
10.
The day before, Ms. Phillips had allegedly fallen down a flight of stairs leading
from her apartment.
11.
According to the police report, she had tripped over her shopping cart while
descending the stairs. At that time, she was found undressed from the waist down and
was transported to Carlisle Regional Medical Center where she was treated for
lacerations and, because of significant confusion, she was admitted to the hospital.
12.
Upon discharge from the hospital, Lucille Phillips was transported back to her
apartment building by Cumberland County Transportation. When she refused to get off
the van, stating she did not live there, she was returned to Carlisle Regional Medical
Center. During the second admission to Carlisle Regional Medical Center, her records
indicated that there was significant cognitive/elemental impairment-dementia.
13.
A psychological evaluation conducted during her second stay at the Carlisle
Regional Medical Center reflected significant diminished cognitive capacity in several
areas which would seem to bear directly on her safety and independence.
14.
On April 26, 2004, Lucille Phillips was discharged from the Carlisle Regional
Medical Center.
15.
On April 30, 2004, Petitioner, through its authorized representative, visited
Lucille Phillips at her apartment and found it to be in disarray and the following
observations were noted:
a. Most of her belongings had been placed in card board boxes and were
stacked around the apartment;
b. Food and debris was scattered throughout the apartment;
c. Roaches and other bugs were observed crawling around the apartment;
d. Lucille Phillips was accusing people of stealing from her;
e. Lucille Phillips was confused about what medications she should take and
when she should take them;
f. She was unable to do meal preparation and was having other tenants in the
building get her things;
g. Her dirty laundry was piled up because she could not take it to be done;
and
h. Her telephone had been disconnected due to nonpayment of her bill.
16.
The caseworker for Petitioner, at the visit on April 30, 2004, offered services from
the agency, but they were refused by Lucille Phillips.
17.
On May 10, 2004, Petitioner, through its authorized representative, made a joint
visit to the apartment of Lucille Phillips with a worker from Cumberland County
Community Services. At that time, Ms. Phillips agreed to consider placement in a
personal care home facility and arrangements were made to take her there to see the
facility.
18.
On May 12, 2004, the Protective Services caseworker for Petitioner visited
Lucille Phillips for the purpose of letting her know when the appointment was set to visit
the personal care home. At that time, she refused to consider the personal care home
placement because she would lose her eligibility for food stamps. Despite an explanation
that she would have no need for food stamps because the personal care home would
prepare all of her meals, Lucille Phillips adamantly refused to visit the facility.
19.
On May 13, 2004, the Cumberland County Communications System dispatched
the Goodwill Ambulance and Union Fire Company to the residence of Lucille Phillips
and, upon arriving there, she was found in a bath tub covered with feces and urine. It was
estimated that she had been there 18 to 24 hours. The firemen were required to wear
breathing apparatus and were forced to spray Lucille Phillips with a low pressure water
fire extinguisher to remove the feces before the crew could transport her to Carlisle
Regional Medical Center.
20.
Upon arrival at Carlisle Regional Medical Center, it was noted that she had a
number of skin tears and bruises on her. Her left arm and leg were swollen.
21.
A code enforcement officer for the Borough of Carlisle subsequently visited the
apartment of Lucille Phillips and, as a result of that visit, the apartment was deemed unfit
for human occupancy. The owner of the apartment building, the Cumberland County
Historical Society, has stated that Lucille Phillips would not be allowed to return to the
apartment.
22.
A psychiatric evaluation conducted at Holy Spirit Hospital indicates a diagnosis
of dementia and organic mental disorder.
23.
Petitioner believes and, therefore, avers that Lucille Phillips's income consists of
$736.00 from social security each month.
24.
Petitioner asks that it be appointed Plenary Guardian of the Person and Estate on
both an emergency and permanent basis.
25.
The proposed Guardian has no interest which is adverse to the interest of Lucille
Phillips.
26.
Petitioner believes, and, therefore avers that Lucille Phillips does not already have
a Guardian.
27.
Petitioner asserts that Lucille Phillips is incapacitated as defined in Chapter 55 of
the Probate Estates and Fiduciaries Code.
28.
Because of her impaired mental and physical condition, Lucille Phillips lacks the
capacity to provide for her own personal care and maintenance.
29.
Because of her impaired mental and physical condition, Lucille Phillips is unable
to manage her financial affairs, property and business and to make and communicate
responsible decisions relating thereto.
30.
A power of attorney would be a less restrictive alternative than Guardianship but
Lucille Phillips currently does not have an attorney-in-fact and she lacks the capacity, at
present, to appoint one.
31.
To Petitioner's knowledge, no previous application has been made for the order
herein requested or for a similar order.
32.
No other Court has ever assumed jurisdiction in any proceeding to determine the
incapacity of Lucille Phillips.
33.
Lucille Phillips is due to be discharged from Carlisle Regional Medical Center at
any time and, upon discharge from the hospital, Petitioner believes, and, therefore, avers
that Lucille Phillips would be at imminent risk of serious bodily harm because she has no
place to go.
34.
The failure to appoint Petitioner as Emergency Plenary Guardian of the Person
and Estate of Lucille Phillips and later as Permanent Plenary Guardian of her Person and
Estate will result in irreparable harm to the person and estate of Lucille Phillips.
35.
To eliminate the imminent risk of harm to Lucille Phillips, Petitioner, if appointed
as the proposed emergency and permanent plenary guardian will seek to immediately
place her in a nursing home facility.
WHEREFORE, the Petitioner respectfully requests that:
1. The Court appoint the Area Agency on Aging, in and for Cumberland
County, Pennsylvania as emergency plenary guardian of the person and estate of Lucille
Phillips pending a final hearing on this Petition with such emergency guardian having full
power to place Lucille Phillips into a nursing home facility and such other powers and
restrictions the Court deems proper;
2. Pursuant to 20 Pa.C.S.A. ~5513 the Court find that the emergency
necessitating the filing ofthis Petition will continue beyond seventy-two (72) hours from
the date of any Emergency Order;
3. Pursuant to 20 Pa.C.S.A. ~5513 the Court schedule a final hearing on or
within 23 days from the date of any Emergency Order; and
4. The Court appoint the Area Agency on Aging, in and for Cumberland
County, Pennsylvania as Permanent Plenary Guardian of the Person and Estate of Lucille
Phillips.
Anthony L. De
113 Front Stree
P.O. Box 358
Boiling Springs, Pennsylvania 17007
(717) 258-6844
VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Petition for
the appointment of Emergency Plenary Guardian of the Person and Estate in accordance
with 20 P.S. ~5513 and for Permanent Plenary Guardian of the Person and Estate
pursuant to 20 P.S. ~5511 of Lucille Phillips 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: ~ ~dS Q..Ol>~
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Janet Paull
INRE:
IN THE COURT OF COMMON PLEAS OF
OF CUMBERLAND COUNTY, PENNSYLVANIA
LUCILLE PHILLIPS ORPHANS' COURT DIVISION
An alleged incapacitated person
: NO.
CERTTFTrATE OF SERVTCE
The undersigned does hereby certify that a true and correct copy of the foregoing document
was mailed this date by depositing same in the possession of the United States Postal Service by
first class mail, postage prepaid, addressed to the following:
Edward Dowd
608 West North Street
Carlisle, Pennsylvania 17013
Charles Dowd
2111 Pine Road
Newville, Pennsylvania
Robert Dowd
15 Natures Crossing
Mechanicsburg, Pennsylvania 17055; and
Dated:/I1 c:1 ~ ~d 'I
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~~Sqllire
113 Front Street
P.O. Box 358
Boiling Springs, P A 17007
(717) 258-6844
IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF
EST ATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA
LUCILLE PHILLIPS,
AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION
NO. 2 (- " t./ - 'f? '7
MOTION TO EXTENDAPPOINTMENT OF EMERGENCY PLENARY GUARDIAN
OF THE PERSON AND ESTATE
AND NOW COMES Anthony L. DeLuca, Esquire, Solicitor for the Area Agency
on Aging in and for Cumberland County, Pennsylvania, and files this Motion based upon
the following:
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1.
On May 25, 2004, the Area Agency on Aging, in and for Cumberland Co~,
I
Pennsylvania filed a Petition for the Appointment of Emergency Plenary Guardianof the
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Person and Estate in accordance with 20 P.S. 95513 and for Permanent Plenary G~wdian
l.e
of the Person and Estate pursuant to 20 P.S. ~5511.
2.
On May 27,2004, a Hearing was held before Judge J. Wesley Oler, Jr. and, upon the
conclusion of the Hearing, the Area Agency on Aging, in and for Cumberland County,
Pennsylvania was appointed Emergency Plenary Guardian of the Person and Estate of
Lucille Phillips, which appointment terminates 72 hours after the entry of the Order.
3.
Lucille Phillips was immediately placed after the Hearing in Manor Care Nursing
Home in Carlisle, Cumberland County, Pennsylvania.
4.
The Order of Court was entered on May 27,2004.
5.
A Hearing for the appointment of a permanent Plenary Guardian of the Person
and Estate of Lucille Phillips is scheduled for Wednesday, June 23,2004, at 2:30 P.M. in
Courtroom #3, 4th Floor of the Cumberland County Courthouse, Carlisle, Pennsylvania
before George E Hoffer, PJ.
6.
Lucille Phillips no longer has her apartment and no known member of her family
is able to care for her and it is averred that the Emergency Order dated May 27, 2004,
should be extended to June 23, 2004, the date for the Hearing for the appointment of a
Permanent Plenary Guardian of the Person and Estate of Lucille Phillips.
7.
Michael A. Scherer, Esquire, counsel for Lucille Phillips, the alleged
incapacitated person, does not object to the requested extension.
WHEREFORE, The Petitioner, by it's Solicitor, moves that this Honorable Court:
1. Extend the appointment of the Area Agency on Aging, as Emergency
Plenary Guardian of the Person and Estate of Lucille Phillips, an alleged incapacitated
person, to June 23,2004, at which time a Permanent Plenary Guardianship Hearing will
be held.
Respectfully Submitted,
/1 ~ Y?~-C4-
An~~y L.' iM'uca, Esquire
Attorney for Petitioner
IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF
ESTATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA
LUCILLE PHILLIPS,
AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION
NO. J ( v 0 1.(. '{rt9
ORDER
AND NOW, this_( ~i
day of June, 2004, upon consideration of the Motion
to Extend Emergency Guardianship ofthe Person and Estate of Lucille Phillips, it is
hereby Ordered and Decreed that the appointment of the Area Agency on Aging as
Emergency Plenary Guardian of the Person and Estate of Lucille Phillips be extended
until a Hearing is held on the Appointment of a Permanent Plenary Guardian of the
Person and Estate of Lucille Phillips.
A Hearing is scheduled for Wednesday , June 23 ,2004, at 2:30 l.M., in
Courtroom No.
3
, Cumberland County Courthouse, Carlisle, Pennsylvania for
the appointment of aPermanent Plenary Guardian of the Person and Estate of Lucille
Phillips.
BY THE COURT,
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IN THE MATTER OF THE PERSON AND : IN THE COURT OF COMMON PLEAS OF
ESTATE OF: : CUMBERLAND COUNTY, PENNSYLVANIA
LUCILLE PHILLIPS,
AN ALLEGED INCAPACITATED PERSON: ORPHANS' COURT DIVISION
NO. 2 (.- " t./ - 'f? '7
MOTION TO EXTENDAPPOINTMENT OF EMERGENCY PLENARY GUARDIAN
OF THE PERSON AND ESTATE
AND NOW COMES Anthony L. DeLuca, Esquire, Solicitor for the Area Agency
on Aging in and for Cumberland County, Pennsylvania, and files this Motiou based upon
the following:
c:~
1.
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--..
On May 25, 2004, the Area Agency on Aging, in and for Cumberland County,
Pennsylvania filed a Petition for the Appointment of Emergency Plenary Guardian gf the
Person and Estate in accordance with 20 P.S. ~5513 and for Permanent Plenary Guardian
of the Person and Estate pursuant to 20 P.S. ~5511.
2.
On May 27,2004, a Hearing was held before Judge J. Wesley Oler, Jr. and, upon the
conclusion of the Hearing, the Area Agency on Aging, in and for Cumberland County,
Pennsylvania was appointed Emergency Plenary Guardian of the Person and Estate of
Lucille Phillips, which appointment terminates 72 hours after the entry of the Order.
3.
Lucille Phillips was immediately placed after the Hearing in Manor Care Nursing
Home in Carlisle, Cumberland County, Pennsylvania.
4.
The Order of Court was entered on May 27,2004.
5.
A Hearing for the appointment of a permanent Plenary Guardian of the Person
and Estate of Lucille Phillips is scheduled for Wednesday, June 23,2004, at 2:30 P.M. in
Courtroom #3, 4th Floor of the Cumberland County Courthouse, Carlisle, Pennsylvania
before George E Hoffer, PJ.
6.
Lucille Phillips no longer has her apartment and no known member of her family
is able to care for her and it is averred that the Emergency Order dated May 27, 2004,
should be extended to June 23, 2004, the date for the Hearing for the appointment of a
Permanent Plenary Guardian of the Person and Estate of Lucille Phillips.
7.
Michael A. Scherer, Esquire, counsel for Lucille Phillips, the alleged
incapacitated person, does not object to the requested extension.
WHEREFORE, The Petitioner, by it's Solicitor, moves that this Honorable Court:
1. Extend the appointment of the Area Agency on Aging, as Emergency
Plenary Guardian of the Person and Estate of Lucille Phillips, an alleged incapacitated
person, to June 23, 2004, at which time a Permanent Plenary Guardianship Hearing will
be held.
Respectfully Submitted,
Ancl~a~~
Attorney for Petitioner
IN RE: LUCILLE PHILLIPS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
AN ALLEGED INCAPACITATED
PERSON
NO. 21-2004-489
IN RE: PETITION FOR APPOINTMENT OF EMERGENCY
GUARDIAN OF THE PERSON AND ESTATE
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 27th day of May, 2004, upon
con~ideration of Petitioner's Petition for the Appointment
of Emergency Plenary Guardian of the Person and Estate in
Accordance with 20 P.S. Section 5513..., and following a
hearing, it is ordered, adjudged, and decreed as follows:
1. Lucille Phillips is adjudicated an
incapacitated person on an emergency basis.
2. The Area Agency on Aging in and for
Cumberland County, Pennsylvania is appointed emergency
plenary guardian of Ms. Phillips' person and estate.
3. The guardianship of the person shall
extend for a period of 72 hours, subject to the guardian's
right to apply for an extension of 20 additional days; the
guardianship of the estate shall extend for a period of 30
days.
4. It is noted that the Honorable George E.
Hoffer by Order of Court dated May 25, 2004, has anticipated
a petition for extension and a request for the appointment
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of a permanent guardian of the person and estate in Ms.
Phillips' case, and has scheduled a hearing on that issue
for June 23, 2004, at 2:30 p.m., in Courtroom Number 3,
Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
\/J.
Anthony DeLuca, Esquire
For the Petitioner
Michael Scherer, Esquire
Court-appointed counsel
For Lucille Phillips
:mae
IN RE: LUCILLE PHILLIPS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
AN ALLEGED INCAPACITATED
PERSON
NO. 21-2004-489
IN RE: PETITION FOR APPOINTMENT OF EMERGENCY
GUARDIAN OF THE PERSON AND ESTATE
BEFORE OLER, J.
OPINION and ORDER OF COURT
OLER, J., May 27, 2004.
At issue in the present case is whether Lucille
Phillips should be adjudicated an incapacitated person on an
emergency basis and, if so, whether Petitioner, the Area
Agency on Aging in and for Cumberland County, Pennsylvania,
should be appointed emergency plenary guardian of her person
and estate.
A hearing was held in this matter on May 27,
2004. The allegedly incapacitated person was present for
most of the hearing, and was represented by her
court-appointed counsel, Michael Scherer, Esq.
Based upon the evidence presented at the hearing, the
following Findings of Fact, Discussion and Order of Court
are made and entered:
FINDINGS OF FACT
1. The allegedly incapacitated person is Lucille
Phillips, a domiciliary of Cumberland County, Pennsylvania,
born December 8, 1927, and until recently residing at
5 North Pitt Street, Carlisle, Cumberland County,
Pennsylvania.
2. Petitioner is the Area Agency on Aging in and for
Cumberland County, Pennsylvania, with offices located at
16 West High Street, Carlisle, Cumberland County,
Pennsylvania.
3. Ms. Phillips suffers from an organic mental
disorder in the form of dementia, which apparently resulted
from an infarction.
4. The precise time of commencement of this condition
has not been determined, but it has recently become
significantly symptomatic.
5. As a consequence of this condition, Ms. Phillips'
ability to receive and evaluate information effectively and
communicate decisions in any way is impaired to such a
significant extent that she is totally unable to manage her
financial resources and totally unable to meet essential
requirements for her physical health and safety.
6. It is unknown at the present time whether
Ms. Phillips' condition will improve.
7. Ms. Phillips' income consists of Social Security
payments of $736.00 each month. It is not believed that
she has any significant estate nor does she have resources
in the form of family or friends available to meet her
present needs.
8. Ms. Phillips' symptoms have advanced to the point
that, given the absence of support or resources, (a) she is
in need of a plenary guardian of her person and estate and
(b) a failure to appoint such guardian will result in
irreparable harm to her person and estate.
9. The durations of the necessary guardianships of the
person and estate shall be as long as permitted by law, but,
because the guardianships have been requested on an
emergency basis, by statute the emergency guardianship of
the person may not extend beyond 72 hours in the absence of
further order of court (and in no event may continue for
more than 20 days thereafter), and the emergency
guardianship of the estate may not extend beyond 30 days.
10. The petitioner is an entity qualified to serve as
emergency plenary guardian of Ms. Phillips' person and
estate.
11. The foregoing Findings of Fact are made on the
basis of clear and convincing evidence.
DISCUSSION
Under Pennsylvania law, an emergency guardian of the
person and/or estate may be appointed in the case of a
person alleged to be incapacitated "when it appears that the
person lacks capacity, [the person] is in need of a guardian
[,] and a failure to make such appointment will result in
irreparable harm to the person or estate of the alleged
incapacitated person." Act of June 30, 1972,
~
P.L. 508, Section 2, as amended, 20 Pa. C.S. Section 5513
(Supp. 2004).
An "incapacitated person" means
An adult whose ability to receive and evaluate
information effectively and communicate decisions
in any way is impaired to such a significant
extent that he is partially or totally unable to
manage his financial resources or to meet
essential requirements for his physical health and
safety.
Id., Section 5501.
Proof in such a case must be by clear and convincing
evidence.
Id., Sections 5511(a), 5513.
In the present case, Petitioner has demonstrated by
clear and convincing evidence that an emergency adjudication
of incapacity and appointment of a plenary guardian of the
person and estate are appropriate. For this reason, the
following order will be entered:
ORDER OF COURT
AND NOW, this 27th day of May, 2004, upon
consideration of Petitioner's Petition for the Appointment
of Emergency Plenary Guardian of the Person and Estate in
Accordance with 20 P.S. Section 5513..., and following a
hearing, it is ordered, adjudged, and decreed as follows:
1. Lucille Phillips is adjudicated an
incapacitated person on an emergency basis.
2. The Area Agency on Aging in and for
Cumberland County, Pennsylvania is appointed emergency
plenary guardian of Ms. Phillips' person and estate.
3. The guardianship of the person shall
extend for a period of 72 hours, subject to the guardian's
right to apply for an extension of 20 additional days; the
guardianship of the estate shall extend for a period of 30
days.
4. It is noted that the Honorable George E.
Hoffer by Order of Court dated May 25, 2004, has anticipated
a petition for extension and a request for the appointment
of a permanent guardian of the person and estate in Ms.
Phillips' case, and has scheduled a hearing on that issue
for June 23, 2004, at 2:30 p.m., in Courtroom Number 3,
Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
S/ J. Wesley Oler, Jr.
J. Wesley Oler, Jr., J.
Anthony DeLuca, Esquire
For the Petitioner
Michael Scherer, Esquire
Court-appointed counsel
For Lucille Phillips
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AUTHORITY TO PAY COURT APPOINTED COUNSEL
.JlJl 1 3 2004 v
t. COuRT 2 voucfI.J~ 6417
o District Justice g( Common Pleas 0 Appellate o Other
3. FOR lD J.. C.P, APPELLATE) 4. AT (CITY/STATE) 5. BUDGET CODE
j" r~ (..,,,,,(/(.-/0'0" < /..,. 0 ,f C4 d ,'f;t.-- /?'(;'- J.5J'UC - ~() ')<./1:1'
6 IN THE CASE OF 7. CHARGE/OFFENSE (PURDON CITATION) 8. 0 PETTY OFFENSE
Lv&. 'I (t- v. ph; l/iT7< o FELONY 0 MISDEMEANOR
9 PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED 12. CIVIL DOCKET NO
, Q Delel'1clant Adult ~I - C,,-/- ,,' /~_I)r-k':'>'.)
biJt..~dl'<t""'S~ip p(Pv<-~"JS 2 0 Oelendant . Ju~enile if f'i
3 C Appellant 13. CRIMINAL DOCKET NO
4 Q Appellee
5 Q Habeas Pelll,proer
6 ., Maler,,~1 W,tness
7 0 Parolee Charged WIth V;olation
10 PERSON REPRESENTED (Full Name) 8 Q P'oballor'l'" Chaloed W,th Violation 14. APPEALS DOCKET NO
Luc..'/I (.. 9 0 Other
fhl'lllps
16. NAME OF ATTORNEY/PAYEE AND
Apor 8;lle MA';'NG ADDRESS " /1 j,J-() ,X
U'-I [/),..13"/1'--' J.. j(j, (.<'( r
)1:;'1 6co/'51. C- /10 ffv' !f/;vt.~~1 . ~t" rt./'
. /<7 IN. ,~(.//Z. Jr.
NAME OF COMMON PLEAS JUDGE ASSIGNED TO CASE
Ct-r//.>I( , 1'4 /70 I J
17. TELEPHONE N~.? ' 8. SOCIAL SECURITY NO OR E'~j ~~o
2'11- 6f3 7 2~- 17~>;5"
CLAIM FOR SERVICES OR EXPENSES ;-' \ d '-'. :
19. SERVICE HOURS DATES ~ AMOuNTS CLAIMED
a Arraignment and/or Plea M-gl:tiply rale per hour limes total
b Preliminary Hearing h~ 10 obtain "In Court" com
pe salion. Enler lotal below
c. Motions and Requests I
N
.... d Bail Hearings
0:
::> e. Sentence Hearings v
0 \....,0
U f. Tflal
;; G.]
g. Revocation Hearings ': 0
h. Juvenile Hearings
, Appeals Court 19A TOTAL IN COURT COMPo
j. Other (Specify on additional sMa!s) J./<!tor:"< , ~,'" 5u e.ffc.~J.,~
v 1'--' 1 "."
TOTAL HOURS:3 (,., ) . qol) PER HOUR ~$
20, a. Interviews and conferences Z. ' " Sc.... Ii Hz~t.~ Multiply rale per hour times tOlal
b. Obtaining and reviewinQ records hours. Enter lolal "Oul 01 Court..
"-.... compensation below.
00: c. legal research and briel writinQ
....::>
::>0 d. Ir.....estigative and other work (Specify on additional sheets) 20A. TOTAL OUT OF COURT
OU COMPo
2.9 '1r~ ~$ qo .D?
TOTAL HOURS = >. ~PERHOUR
2'- ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM
Mileane $.25 oer mile x
0:
W
I 21A. TOTAL ITEMIZED EXP.
....
0
=$ ,;>
22. CERTIFICATION OF ATTORNEY/PAYEE 23. GRAND TOTAL CLAIMED
Has compensation and/or r8imbu~ement for work in this case previOUSly been applied lor? DYES ,.l'f NO ~$ 1'60,0 o!)
II yes. were you paId? DYES o NO Ilyes, bywhom were you paid? How much?
Has the person represented paid any money to you, or to your knowledge anyone else, in connection with the matter lor 24, DEOUCT. PRIOR PYMTS.
which you were appointed to pro.....ide representaUon~~ &-,0 II yes. give details on additional sheets ~$ :;
I swear or alllrm the truth or correctness ." 8..0'1 25. NET AMOUNT CLAIMED
ollhe above slatements SltoJnalur901 A"omey/Payee Date ~$ I~D.O'"
26 APP"(Jvt ~'l ~. / VJA J""- 27. AMT. APPROVED
. FU'l Signature of lRn,cD
,.,.........E:".rT Judge ~Date: ~$
Copy 1 !{.,aiOo lo'trt AdminiJtrator at completion of service
'-
"
J
Robert L. O'Brien
David A. Baric
Michael A. Scherer
Law Offices
O'BRIEN, BARIC & SCHERER
19 West South Street
Carlisle, Pennsylvania /7013
(717) 249-6873 FAX. (717) 249-5755
E-mail obs(i.iJobslaw.com
July 7, 2004
Court Administrator
Cumberland County Courthouse
I Courthouse Square
Carlisle, P A 17013
File #:
Inv #:
3466
12479
Lucille Phillips Guardianship
DATE DESCRIPTION HOURS AMOUNT LAWYER
May-27-04 Receive and review Petition, Office 2,00 $90,00 MAS
conference with Tony DelLuca. Review
medical reports, Meet with Lucille Phillips.
Represent Lucille Phillips at emergency
hearing,
Jun-18-04 Meet with Lucille at Manorcare. 1.00 $45,00 MAS
Jun-23-04 Represent Lucille Phillips at permanent 1.00 $45,00 MAS
guardianship hearing.
Totals
4,00 $180,00
Invoice #:
12479
Page
2
Total Fees & Disbursements
Previous Balance
$180.00
$0,00
$0.00
$0,00
Previous Payments
Interest Due
Balance Due Now
$180.00
Administrative charge ofl% per month (12% per annum) will be added to any outstanding balance
over 30 days. Payment due within 20 days of invoice date.
<Uumb.erlanb <Uuuntu (1)ffic.e uf Aging
& <Uummunitll ~.eruic.e5
621 -04 -OLl>;lC\
HUMAN SERVICES BUILDING
16 West High Street, Carlisle, P A 17013
[717] 240-6110 or 697-0371, Ext. 6110
532-7286, Ext. 6110 Fax: 240-6118
website: www.ccoa.net/a2"inl!
e-mail: 3einl!uuccoa.net
Bruce Barclay
Chairman
G~i;:~~t;rJ~
Richard L. Rovegno
&crerary
Terry L. Barley
Director
ANNUAL GUARDIANSHIP REPORT FOR
LUCILLE PHILLIPS
July 8, 2005
Report from Guardian of Estate
Cumberland County Office of Aging
Janet Paull, Aging Care Manager 3
On May 27,2005 Judge George Hoffer appointed the Cumberland County Office
of Aging temporary Guardian of Person and Estate for Lucille Phillips, Following;
the hearing, Ms. Phillips was transported from the Carlisle Regional Medical c,
center to the Manor Care Nursing Home, Carlisle, PA where she was admitted,
On June 23, 2005 the final guardianship hearing was held and the Cumberland
County Office of Aging was appointed permanent plenary Guardian of Person and
Estate,
A guardianship checking account was established at M& T Bank, using the funds
from her social security check and monies found in her apartment. This initial
balance was $969.11. The account is an interest bearing account but the bank
initially withheld a few cents each month for federal withholding. This was later
stopped. The only sources of income for Ms. Phillips are her social security and a
few cents each month in interest. The Office of Aging applied for Medical
Assistance for the Ms. Phillips and she was accepted, Other than the expense of
her nursing home stay at Manor Care Carlisle, she has had no major expenses,
The cost of having her apartment cleaned out by professionals was incurred by
the Office of Aging.
Attached are copies of the checking account registry as well as a monthly
financial summary.
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<ltumbtrlanb <ltountll Ql)ffirt of Aging
& <ltommunitll ~truirt,6
HUMAN SERVICES BUILDING
16 West High Street, Carlisle, PA 17013
[717] 240-6110 or 697-0371, Ext. 6110
532-7286, Ext. 6110 Fax: 240-6118
website: www.ccpa.net/ae:ine:
e-mail: ae:ine:ta2ccpa.net
Bruce Barclay
Chairman
G"'ri;j~J;1~;:;;~
Richard L. Rovegno
Secretary
Terry L. Barley
Direc/Or
ANNUAL GUARDIANSHIP REPORT FOR
LUCILLE PHILLIPS
July 24, 2006
Report from Guardian of Person
Cumberland County Office of Aging
Janet Paull, Aging Care Manager 3
On May 27, 2005 Judge George Hoffer appointed the Cumberland County Office
of Aging temporary Guardian of Person and Estate for Lucille Phillips. Following
the hearing, Ms. Phillips was transported from the Carlisle Regional Medical
center to the Manor Care Nursing Home, Carlisle, PA where she was admitted. At
the time of her admission, Ms. Phillips was diagnosed with diabetes, CHF,
dementia, and anxiety. On June 23, 2005 the final guardianship hearing was held
and the Cumberland County Office of Aging was appointed permanent plenary
Guardian of Person and Estate.
Ms. Phillips was admitted to the dementia unit at the nursing home where she
has adjusted. In addition to dementia, she suffers from insulin dependent
diabetes, chronic heart failure and anxiety. She attends several activities a day,
including trivia, music, current events and special activities. She is encouraged to
wash her hands and face and feed herself. She is maximum assist with other
care. Her appetite is fair and she receives enhanced pudding and supplements.
Her weight is usually between 135 to 138 pounds. She is being seen on a
monthly basis by a psychiatrist because of periods of depression and aggressive
behavior. She is able to transport herself in her wheel chair throughout the unit.
She suffers occasionally from urinary tract infections which result in her becoming
more aggressive and uncooperative.
,- )
Ms. Phillips went for several months without needing insulin so the insulin was:.:"
discontinued. Fingersticks to check her blood sugar continue to be made but soc:.
far they have not had to restart the insulin. There has been no skin breakdown
1-1"1
Iv>
from her incontinence as staff provides protective measures. She also has a
specialized bed mattress and foam boots to prevent pressure sores.
It is the request of the Cumberland County Office of Aging that the agency retains
Guardianship of Person for Lucille Phillips. Manor Care Nursing Home has
demonstrated an adequate quality of care for her medical and mental problems.
We believe, therefore, that Ms. Phillips should continue to reside in that nursing
facility.
r;;:J I -eJi.- ~~~
Qtumhtrlnnll Qtnuntl1 ODffitt nf Aging
& Qtnmmunitl1 ~trUittli
HUMAN SERVICES BUILDING
16 West High Street, Carlisle, PA 17013
[717J 240-6110 or 697-0371, Ext. 6110
532-7286, Ext. 6110 Fax: 240-6118
website: www.ccpa.net/al!inl!
e-mail: al!inl!@ccpa.net
Bruce Barclay
Chairman
G~i;j~~1~;:;r;~
Richard L. Rovegno
Secre(ary
Terry L. Barley
Director
ANNUAL GUARDIANSHIP REPORT FOR
LUCILLE PHILLIPS
July 24, 2006
Report from Guardian of Estate
Cumberland County Office of Aging
Janet Paull, Aging Care Manager 3
On May 27,2005 Judge George Hoffer appointed the Cumberland County Office
of Aging temporary Guardian of Person and Estate for Lucille Phillips. Following
the hearing, Ms. Phillips was transported from the Carlisle Regional Medical
center to the Manor Care Nursing Home, Carlisle, PA where she was admitted.
On June 23, 2005 the final guardianship hearing was held and the Cumberland
County Office of Aging was appointed permanent plenary Guardian of Person and
Estate.
A guardianship checking account was established at M& T Bank, using the funds
from her social security check and monies found in her apartment. This initial
balance was $969.11. The only sources of income for Ms. Phillips are her social
security and a few cents each month in interest. The Office of Aging applied for
Medical Assistance for the Ms. Phillips and she was accepted. Other than the
expense of her nursing home stay at Manor Care Carlisle, she has had no major
expenses. The ending balance for this period of time is $1349.33
Attached are copies of the checking account registry as well as a monthly
financial summary.
C:::)
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One Team ...One Mi.r.rion
CUMBERLAND
AGING & COMMUNITY O~ -
COUNTY
SERVICES
1G WEST HIGH STREET, SUITE 100 CARLISLE, PA 17013
(717) 240-6110 OR 1-888-697-0371 EXT 6] 10
FAx: (717) 240-6118
Bruce Barclay
Chairman
Gary Eichelberger
Vice Chairman
Richard L, Rovegno
Secretary
Terry L. Barley
Direc(ar
FINAL GUARDIANSHIP REPORT FOR ~ -=
LUCILLE PHILLIPS ~~ ~;
-.i
July 18, 2006 .,~~
w
~~
~ --
Report from Guardian of Person ~,
~c~c~ -n
Cumberland County Office of Aging ~~'c~ " s.
1~_'
Janet Paull, Aging Care Manager 3 `-~=° '°
S' c
On May 27, 2005 Judge George Hoffer appointed the Cumberland County Office of
Aging temporary Guardian of Person and Estate for Lucille Phillips. Following the
hearing, Ms. Phillips was transported from the Carlisle Regional Medical center to the
Manor Care Nursing Home, Carlisle, PA where she was admitted. At the time of her
admission, Ms. Phillips was diagnosed with diabetes, CHF, dementia, and anxiety. On
June 23, 2005 the final guardianship hearing was held and the Cumberland County
Office of Aging was appointed permanent plenary Guardian of Person and Estate.
Ms. Phillips was admitted to the dementia unit at the nursing home. In addition to
dementia, she suffered from insulin dependent diabetes, chronic heart failure and
anxiety. In January of this year that Lucille was moved out of the dementia unit because
she was not participating in and therefore not benefiting from the specialized activities
on that unit. Initially Lucille did participate in some of the activities in her new area, but
later attended very few activities. Lucille was often aggressive toward other residents
and also became aggressive toward staff, slapping some occasionally. Because of her
behavior, she began to see a counselor from PA Counseling. In April, 2007 the Office of
Aging began receiving reports that Lucille was beginning to show a physical decline.
She experienced a decrease in appetite and began receiving dietary supplement
shakes.
In May, 2007 the Office of Aging finalized funeral arrangements with Hollinger Funeral
Home in Mt. Holly Springs and the nursing home was so notified.
During the months of May and June client's condition continued to decline. There was
an advance directive calling for no heroic measures so comfort measures were initiated.
On Monday, July 16, 2007 we were advised that client passed away the evening before.
The death certificate lists arteriosclerotic heart disease as the cause of death and is
signed by the medical director, Dr. George Branscum.
EMAIL US AT aging@ccpa.net OR VISIT OUR WEBSITE AT www.ccpa.net/aging
~~~
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%'`~'~~~ CUMBERLAND COUNTY
AGING & COMMUNITY SERVICES
~~ 16 WEST HIGH STREET, SUITE 100 CARLISLE, PA 17013
~ (717) 240-6110 oR 1-888-697-0371 ExT 6110
FAX: (717) 240-6118
One Team ...One Mi.rtion Bruce Barclay
Chairman
Gary Eichelberger
Vice Chairman
Richard L. Rovegno
Secretary
Terry L. Barley
Director
FINAL GUARDIANSHIP REPORT FOR
LUCILLE PHILLIPS
July 18, 2006
Report from Guardian of Estate
Cumberland County Office of Aging
Janet Paull, Aging Care Manager 3
On May 27, 2005 Judge George Hoffer appointed the Cumberland County Office of
Aging temporary Guardian of Person and Estate for Lucille Phillips. Following the
hearing, Ms. Phillips was transported from the Carlisle Regional Medical center to the
Manor Care Nursing Home, Carlisle, PA where she was admitted. On June 23, 2005 the
final guardianship hearing was held and the Cumberland County Office of Aging was
appointed permanent plenary Guardian of Person and Estate.
A guardianship checking account was established at M&T Bank, using the funds from
her social security check and monies found in her apartment. This initial balance was
$969.11. The only sources of income for Ms. Phillips were her social security and a few
cents each month in interest. The Office of Aging applied for Medical Assistance for the
Ms. Phillips and she was accepted. Her major expenses included payment to Manor
Care, the nursing home where she resided, which was $796.00 a month and the funeral
arrangements which cost $1400.00. The ending balance of her checking account is
$328.58. The Department of Welfare will be notified and they will seek the remainder of
her account under the Estate Recovery program.
Attached are copies of the checking account registry as well as a monthly financial
summary.
EMAIL US AT aging@ccpa.net OR VISIT OUR WEBSITE AT www.ccpa.net/aging
Name Lucille Phillips
Acct # 108006283
Date
Check # ec
Amou eposi
Amount n ng
Balance
Description
5/19!2006 Check#123 i# $1,349.33 HCR ManorCare
_
6/3/2006 $810.00 $2,159.33 Soc Sec
__
6/6/2006 Check#124 972.7 $1,186.63 HCR ManorCare ____
__
6/15/2006 $0.08 $1,186.71 Interest Dep ___
_ __
7/3/2006 810 $1,996.71 Soc Sec _ __ _
7/16/2006 $0.07 $1,996.78 Interest Dep
_ _
7/20/2006 Check #125 770 $1,226.78 HCR ManorCare
__
8/3!2006 $810.00 $2,036.78 Soc Sec
____
8/7/2006 Check#126 770 $1,266.78 HCR Manorcare ___
__ ___
8/15/2006 $0.07 $1,266.85 Interest De __
_
8/30/2006 27
Check #1 36 $1,230.85 Trian Ie Travelin Stores __ _
____
9/3/2006 __
. _ 810 $2,040.85 Soc Sec
9/13/2006 Check#128 770 $1,270.85 HCR ManorCare
___
9/17/2006 _
0.07 $1,270.92 Interest De
_
10/3/2006 810 $2,080.92 Soc sec __
10/10/2006 Check#129 770 $1,310.92 HCR Manorcare
10/15/2006 0.07 $1,310.99 Interest Dep
11/3/2006 810 $2,120.99 Soc sec
11/15/2006 0.07 $2,121.06 Interest Dep
11/17/2006 check#130 770 $1,351.06 HCR ManorCare
_
12/3/2006 810 $2,161.06 Soc Sec _
12/5/2006 Check#131 770 $1,391.06 HCR Manorcare
12/17/2006 0.08 $1,391.14 Interest Dep
1/3/2007 836 $2,227.14 Soc sec
__
1/12!2007 Check#132 770 $1,457.14 HCR Manorcare ___ __
_ __
1/15/2007 0.07 $1,457.21 Interest Dep
2/3/2007 836 $2,293.21 Soc sec___ _ _
___
2/12/2007 Check#133 770 $1,523.21 HCR ManorCare _____
__
2/15/2007 _ 0.08 $1,523.29 Int De _____ __ _____ _
_
3/3/2007 836 $2,359.29 Soc sec __
3/6/2007 34
Check#1 770 $1,589.29 HCR ManorCare _
3/15/2007 . 0.07 $1,589.36 Interest De
_
4/3/2007 836 $2,425.36 Soc Sec ___
4/9/2007 Check#135 822 $1,603.36 HCR ManorCare __
__
4/15/2007 0.08 $1,603.44 Interest De
5/3/2007 836 $2,439.44 Soc Sec
5/8/2007 Check#136 796 $1,643.44 MCHS Carlisle _
5/15/2007 0.08 $1,643.52 Interest Dep
5/30/2007 Check#137 $1,643.52 VOID
5/30/2007 Check#138 1400 $243.52 Hollin er Funearal Home
6/3/2007 836 $1,079.52 Soc Sec
6/6/2007 Check#139 796 $283.52 MCHS Carlisle
6/17/2007 0.06 $283.58 Interest Dep
7/3/2007 836 $1,119.58 Soc Sec
7/12/2007 140 791 $328.58 MCHS Carlisle
7/15/2007 0.02 $328.60 Interest Dep
10/2/2007 80.21 $408.81 Deposit _
12/6/2007 141 408.8 $0.00 Commonweath of PA-Estate Recove