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Home My WebLink About11-04-09IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , n ~ ,, p ~ ~ ORPHAN'S COURT DIVISION ~..~, r ~ ~`" j .__ r ~ ~ r~ -4- _ ,, `.. _ IN RE: WALTER PATTERSON O.C. No. 2009-00553 Q~p '~ -- , cJ ~ ~ ~ , _ ~~' '} MOTION FOR HEARING DATE ~ ~ -~ - AND NOW, COMES, Perini Services/Southampton Manor Limited d/b/a Shippensburg Health Care Center ("Plaintiff'), by and through its attorneys, Schutjer Bogar LLC, and moves this Court to set a hearing date as soon as practicable for the resolution of several issues pertaining to this action, as follows: 1. On September 30, 2009, following the filing of a Petition to Make Rule Absolute and to File an Accounting and Turn Over of Benefits, this Court signed a Final Decree which "ORDERED and DIRECTED [Eddie L. Collins] to file a full and complete accounting of all transactions undertaken by him with respect to Walter Patterson's resources and income from June 29, 2007 to the present, directing him to turn over to Shippensburg all resources and income of Walter Patterson's that comprise Walter Patterson's patient pay obligation and to satisfy Walter Patterson's obligations to Shippensburg no later than October 20, 2009." A copy of the Order is attached hereto as Exhibit A. 2. Plaintiff did not receive an accounting, payment of Walter Patterson's patient pay obligation or otherwise from Eddie L. Collins. 3. On or about October 23, 2009, Eddie L. Collins provided limited correspondence that in no way satisfies the requirements of an accounting nor otherwise complies with the Court's Final Decree. A copy of the correspondence is attached hereto as Exhibit B. C 4. Moreover, Eddie L. Collins has not turned over to Shippensburg the $5,973.06 of retroactive monthly income from SERS, as documented in Exhibit B, and required by the Final Decree. 5. Nor has Eddie L. Collins turned over the full amount of Walter Patterson's patient pay liability as derived from his receipt of $1,568 in monthly social security income. 6. Eddie L. Collins has likewise failed to satisfy Walter Patterson's obligations to Shippensburg. 7. Plaintiff now wishes to go before the Court to resolve the obligations of Eddie L. Collins with respect to the Final Decree of September 30, 2009. WHEREFORE, Petitioner prays that the Court set a hearing date as soon as practicable and convenient for the Court to clarify the aforementioned obligations of the Respondent. Respectfully submitted, SCHUTJER BOGAR LLC Dated: November ~, 2009 By: o l "" Livia F. L gton Attorney I.D. No. 91548 (412) 281-3710 Marijane E. Treacy Attorney I.D. No. 84070 (412) 281-3535 U. S. Steel Tower 600 Grant Street, Ste. 3290 Pittsburgh, PA 15219 Fax: (412) 281-0530 Chadwick O. Bogar PA. I.D. #83755 (717} 909-5920 417 Walnut Street, 4th Floor Harrisburg, PA 17101 Fax (717) 909-5925 Attorneys for Petitioner ~~57 ~ ~ ~QV~ ~.; t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPIIAleI'S COURT DIVISION .[N RE: WALTER PATTERSON O.C. No. 2009-00553 )FINAL DECREE AND NOW, this ~'~ day of ~'~ - , 2009, Eddie L. Collins is hereby ORDERED and DIRECTED to file a. full and complete Accounting of all transactions undertaken by him with respect to Walter Patterson's resources and income from June 29, 2007 to the present, directing him to turn over to Shippensburg all resources and income of Walter Patterson's that comprise Walter Patterson's patient pay obligation and to satisfy Walter Patterson's obligations to Shippensburg no later than October , 2009. J"e +"tlv~N" ~V'd- I f 6~V~~ fl Gl!\..7f1{1 !n Testimony ~vherof, I hereunto :set tray hand an the sea! at said art at ~arlisis. PAa_,, _ _ _ ~ - - - ~-, CJ - - ~ - , -~--~ _I _ J Y... -1 N G3 r~C s~4"tt~~;Qrns G~urt ~;.s~rni~~rianrl Cc~urzty TRANSACTIONS FOR WALTER PATTERSON ( JUNE "2008" TO JUNE "2009") • June 2007 to May 2008 ........................... (See attachment) • Income (June 2008 -June 2009) .................$23, 515.24 (SERS) ($1953.32/monthly) • Shippensburg Health Care Center ...............$26,614.09 (Medical payments) (June 2008 -June 2009) • Other disbursements ................................$1,243.87 (Walter's Expense) (June 2008 -June 2009) (clothing,personal,newspaper, misc etc..) • Vehicle ...1977 Chevrolet .........................scrap (less than $100.00) • Vehicle....19681 Chevrolet truck ................scrap (less than $100.00) • Property @ 31 North 18~' St, Hbg, PA..........tax sale subject to judgement lien held by Shippensburg Health Ctr. (Dauphin County PA Court of Common P1eas..No. 2009CV03396QT) Respectfully submitted, ~~ ~ I Ed Collins, POA 2234 Penn Street Harrisburg, PA 17110 717-421-3108 Dated: October 14, 2009 DISPOSITION OF INCOME RECEIVED FROM SERS (INCLUDING LUMP SUM) ( June 2007 to May 2008) • Gifts (per request from Walter Patterson)...... $57,487,67.00 ......family, friends and relatives . • Taxes (Walter M. Patterson) ........................... $ 3,712,33.00 (est). • Shippensburg Health Center .......................... $ 10,000,00.00 (est). • Other dispersments (credit card, vehicle transfer, registration, citations/tickets, loans, PEBTF, utilities, house appraisal.......Note: vehicle transferred was gifted and was not sold or given away. ...........................................................................$ 5,920,63.00 (est). Respectfully submitted, c~ C~~ Ed Collins, POA 2234 Penn Street Harrisburg, Pa 17110 717-421-3108 * * Payment arrangements have been made for pay-down amount (gifts) of $250 per monthly since April 2009. ~` ;~ Commonwealth or Pennsylvania ~-' _ 041311 State Employees' Retirement System n ;~ ' -~ ~ ~' ~ 30 North l bird Slreel, Suite 150 S ~~I~, ...~y~w_,,y,. ~ F-larrisburq, Pennsylvania 17101-1716 j; ~~ ~~ 'I IT7 R F wwwsers.srare.pa.us 1~ f. ~, ~ 5.,#.• //r""'R""- ~ telephone: 1-800-633-5461 S ~` ) FAX: 7i7-787-5866 ~r April 20, 2009 SSN: XXX-XX-5450 I~rrlll,,.I,,,1111,,,,I,l,,,1,1,,,1111„r,l,l,llr„rl,l~„II,I WALTER M PATTERSON ~;, PO BOX 2105 0 HARRISBURG PA 17105-2105 Dear Annuitant: Titer Internal Revenue Service recently issued new Federal Income Tax withholding tables. The news cables require SERS to change the antouni of money withheld from your monthly Annuity payments for Federal Income Tax, in many cases reducing the amount withheld. Tite application of the new tables, mandated by ilte IRS, may mean the amount withheld is not enough to cover your tax liability; therefore, you may want to consider modifying ttte amount of your withholding. Please contact a tax professional for advice. If you choose io change the amount of money SERS withholds for Federal Income Tax or choose not to have money withheld, submit your instructions on an Annuitant Federal Income Tarr Withholding (SERS-W4-P) form. Contact your Regional Retirement Counseling Center at 1-t3~00-633-5461 io request the form or download a copy from the SERS Web site, wuvNV. sers, state, pa. us. Your latest W4-P form on file with SERS lists the following Federal Income Tax withholding instructions: . . Filing Status Dbpendents Additional Amt Single 0 $0.00 Using the new tax iabtes and any additional amount you instructed SERS to withhold, as shown above, the new amount withheld from your monthly Annuity will be $235.24 effective with your April 2009 payment. The effect of this new amount on your monthly Annuity payment is detailed below: OLD NEW Gross Amount of Moniltly Annuity Payrtiertt: $2,255.96 $2,255.96 Less Deductions and Withholdings: Federal Income Tax $272.94 $235.24 Medical/Hospital Insurance $29.70 $29.70 Other Authorized Deductions N/A N/A Net Amount of Monthly Annuity Payment $1,953.32 $1,991.02 If you have any questions, please contact your Retirement Counselor at 1-800-633-5461. Sincerely, m / // Debra G. Murphy, Dire for Benefit Determination Division COMMONWEALTH OF PENNSYLVANIA STATE EMPLOYEES' RETIREMENT SYSTEM 30 NORTH THIRD ST STE 150 HARRISBURG, PA 17101-1716 1-800-633-5461 www.sers.state. pa.us September 10, 2009 WP,LTER M PATTERSON PO BOX 2105 HARRISBURG PA 17105 Dear Annuitant, SE RS SSN: XXX-XX-5450 A chE~ck in the net amount of $5,973.06 will be mailed to your home, or to your financial institution if you have direct deposit, within two weeks from the date of this letter. This check represents payment due you for the period June 1, 2009 to August 31, 2009 in the gross amount of $6,767.88, less $705.72 federal income tax, less $89.10 health insurance deduction at your gross monthly rate of $2,255.96, less $235.24 federal income tax, less $29.70 health insurance deduction. If you have any questions concerning this matter, contact this office at 1-800-633-5461. Sincerely, Technical Services Section Benafit Determination Division ABP52 COMMONWEALTH OF PENNSYLVANIA STATE EMPLOYEES' RETIREMENT SYSTEM SE 30 NORTH THIRD ST STE 150 R HARRISBURG, PA 17101-1716 $ 1-800-633-5461 www.sers.state.pa.us ~~~~~ ~r G~o~f3~2S5 ~ WALTER M PATTERSON PO E30X 2105 HARRISBURG PA 17105 September 1, 2009 Ut.c~trt ~f rU0 ~S SD 7 / 9 ~s7 RE: SS# XXX-XX-5450 Dear Annuitant: Please be aware that the State Employees' Retirement System (SERB} has received three or more of your annuity checks from the United States Postal Service. Therefore, the State Employees' Retirement System has placed your annuity account on hold until we receive a valid change of address. After receiving a valid change of address, your monthly annuity checks will be reinstated and sent to your new address. Please complete the bottom portion of this letter and return it to us at your earliest convenience. Please provide the following information: Social Security Number: New Address: Signature of Annuitant or Authorized Power of Attorney (POA): Date: IF ~>IGNED BY P.O.A, SERB MUST HAVE THE NOTARIZED P.O.A. IN YOUR MEMBER FILE. Reminder: Due to time-sensitive information sent periodically by SERB, all members must file an updated address with our system. This includes members who are residing at a temporary address or receiving direct deposit. In addition, ff you have a forwarding address or a temporary address on file with they United States Post Office, they WILL NOT forward your SERB check to such an address. Upon the recommendation of the United States Post Office, your SERB check will be returned back to our office. Thank you for your cooperation in this matter. If you have any questions, please contact our office at 1-E300-633-5461. Sincerely, Di;;bursements Section Benefit Determination Division SE3P07 ,. t.,~rc ~ iri~,.fa i c. ~r i i i ~~;rvrt H v tt-~it_~t ,918 D729^122L^^^LL7-^D2 CCUL47BL185L6 I L977~ CHEVROLET 1 28478176^^6 Ca VEHICLE IDEfJTIF ICA ilO7J fJUMBER YEAR PAAKE OF VEHICLE 117LE NUMBER TK , ^ ~ ~ 1^/L7/D7~ EXEMPT 4 BODY T'i PE DUP SEAT CnP PRIOR TI iLE STATE ! ! ODOM. PROCD. DATE ODOlA. MILES ODOM STATUS L/^3/77 J LD/L7/^7 I + 5,DD0~ DATE PA TITLED DATE OF ISSUE UNLADEN WEIGHT + GVWR GCVIR TITLE BRANDS ODOM oTNERRI DISCLOSURE EX~~AT,fBEY,t tFEDERAL LAh! EDDIE L COLLINS t''``'~,' J_- '!,_- r r1-,.N. In,>~~'•:5 2234 PENN ST HARRISBURG PA L?LL^ , FIRST LIEN Fq JQR l~F. FIRST UEN RELEASEU ' DATE RY AU7HORQED REPRESENto71VE MAILING ADDRESS EDDIE L COLLINS 2234 PENN ST HARRISBURG PA 171LD SECOND LIEN FAVOR OF: ODOMETER SrA rUS 0 -ACTUAL MILEAGE 1 = IvI1LEAGE EXCEEDS THE rtEGHANICAL i LIMITS 2 =NOT THE ACTUAL MILEAGE ~i 3 =NOT THE ACTVAL MILEAGE-ODOMETER TAMPERING VERIFIED 9 =EXEMPT FROM ODOMETER DI$CIOSURE TITLE BRANDS A =ANTIQUE vE HICLE C =CLASSIC VEHICLE D =COLLECTIBLE VEHICLE F =OUT OF r~C111NT RY G =ORIGINALLY MFGD. FOR NON~U.S. DISTRIRVTION H = AGRICULTUPAL VEHICLE L =LOGGING VEHICLE P = rSM'AS A POUCE VEHICLE A =RECONSTRUCTED S =STREET POD T =RECOVERED THEFT VEHICLE V =VEHICLE CONTAIfJS PEISSUED VIN W =FLOOD VEHICLE X = ISMJA$ A TAXI If a secontl tienholder is listed upon satisfaction vl the Ilrst Ilen, the first lienhdlde+ must Ivrward This Title to the Bureau of Motor Vehicles with the appropriate lorm and lee, SECOND LIEN RELEASED DATE RY AU7HORJZEO REPRESENTATIVE I rerlily a5 0/ the dale of issue. Iha o1liClal records of the Pennsylvania Denartmenl 01 l lansponalmn lellecl Ihal the person(s) or Company named herein is the lawlul owner OI the 5aitl vehitie. :- -~ i ~ t ~ r ALLEN D BIEHLER Secretary nC-Crxnspnrtafton SU85CRIBED AND SWORN II a co-purchaser other than your spouse is listed and you want the title to To BEFORE ME: be listed as 'Joint Tenants With Right of Survivorship' (On death of one owner, .title goes to surviving owner.} CHECK HERE ~. Otherwise. the ~2itle will be issued as `Tenants in Common' (On death of one owner, interest o! deceased owner goos to his/her heirs or eslate~. onrH W ~ ^ -}.-~ n» ~o-,aq„w ne,vew m .. anrlKanm I r eemuc.,le o one io Ine .en~ry oescrme.J arose. wgrl to v~e e~cumo~arces ..~a omel legal clams set loon nee N V I SIGNATURE Or APPDCANT OR AUTIIORIZEO SIGNER SIUNniUac OF CO-aePLICANTn1ilE OE AUiHORIZEG SIGNER 1ST LIEN DAT§: -• tF f/0 LIEN, CHECK 1ST LIENHOLDER STREET CITY STATE ZIP IF THIS IS AN ELT, CHECK HERE ^ NOTE: FIN REQUIRED FINANCIAL INSTITUTION NO. 2ND UEN DATE: .--~ IF NO LIEN, CHECK 2ND LIENHOLDER STREET- CITY STATE 21P IF THIS IS AN ELT, CHECK HERE ~ NOTE: FIN REQUIRED FINANCIAL INSTITUTION NO. ,9L9 ^729L7L22L^OOLL7- ^Cll LGBEC•25H3B7L^2U3~ VEVIU;LE IpIIIJIIF ICA UON NVLIVEII f1T'RH ~ ^ D:TU-, TIP!- Dill' SFAI ('N. L/L5l8L ~ L^/L7/^7 OniE Pn n7rDn unlF Or IssuF L9CiL I CHEVROLET l 1:AR hinKE OT vERrCI L^/17/^7 rruon nn.E slnte auoM. PROCD. DATE 6,b^^I UNLADEN WCIGIiI GvVJR ODOMETER DISCLOSURE EX~(~PT~,'B,Y,,.PEDERAL LAhI REGISIEHE:U UIVNEH(;) (t 1115 rt `.I _• EUDIE L COLLINS C:'~~ J rl,_,;,nl ` ., -_-- 2234 PENN ST HARRISBURG PA L7LL^ FIRST LIF rJ fAt'()H Inf. FIRSr LIEN MAILIIJG ADDRESS OA7E AUTHORIZED REPRESENTAT EDDIE L COLLINS 2234 PENN ST HARRISBURG PA 17LLC1 SECOND LIEN RELEASED DA7E BY AUTHORIZED REPRESENIA TIVE -_1~ ALLEN D BIEHLER 1 reN~ty ns nl the dale of icelle. the ollicial records of the PwnnsyWania DCPadmenl _ of iron-Prntal~nn lellecl that the pelsnn(sl nr company named herein is the lawful owner ' ~ ~~ of fnn said vMncl°' Serrrtxry of Trensporladen 1 1' f 1' 1 SUBSCRIBED AND 6WORrJ II a co-purchaser other than your spouse is listed and you want the title Io to BEFORE ME~ be listed as 'Joint Tenants With Right of Survivorship' (On death of one u oar rEpR owner, title goes [o surviving owner.) CHECK HERE O. Otherwise, the title will be issued as 'Tenants in Common' (On death of one owner, interest of decoased owner goes to his/her heirs or estate). u~ ~~ Or "}~~ ~~ vntlrr,ry.M 1•erapy aI.YAealle•• ~. Ce.lll.rarq Isle ro I~ .enrb ~ezt.iM~ alro•e. wb1oR ra HK ene.mtunncos and olhe~ legal clams set lone rve•e h 1 \~ U~ SIGrIALURE OF 4nppCANr OR pUrRUmZFD SrGrJER `~ SIGNATURE Of CO~AFJ`LrCANTrtn IE Or qV THORIZEO SIGNER SECOND LtE F! FAVOR OF' 33423DLb1^? CO f11LE rlUMNEII EXEf1PT~ 4 ODOFn. LULES OUOrn SinTUS GCWD ~ TITLE BRANDS ODORE1En STATVS 0- ACnIAI MICEA ,E 1 =MILEAGE E%CEEDS 111E I.tECNANILAL uF.+rrs 2 = NpT THE AC7UAL MILEAGE 7 =NOT THE ACTUAL MIC SAGE-ODOAfETEA TAMPERIIJG VERIFIED d = E%EMPT FROM IXNJMETER p15CLO5UBE ~ TITLE eRAUUS A = AUilO1JE VEHICLE C =CLASSIC VEHICLE ~.~ D CCJCI.EC7IBC[ VEI/ICLE F - ouT pc cn,JFl*nv c = omcxJALLy MFCp. Fon nou-u s DlsrRlnunoN N = AGRICULTVRAL vENICLE t ~ LOppING VENICIE P - iS:WAG A POLICE vEIIICLE n - nECOr15rnIJCTEO S - c7REEi ROU T - nECOVERED 1NEFr VEHrCtE = VEHICLE CON TAl115 REISSVEO VIN •w =FLOOD VEHICLE X IS "•vp5 A TA%1 II a necond Irenfiolder is listed upon Satisfaction o! !hx lirsl lino, the firs) Ilenholder must lorv.ard this Title to the Bureau of Motor Verlicles wil/r fhe appropriate form and lee. 1ST LIEN Dq/TE: .. --~ IF NO LIEN, CNECK V /S7 LIENHOLDER STREET CITY STATE ZIP IF THIS IS AN EL7. CHECK HERE ~ NOTE: FIN REQUIRED FItJAFICtAI INSTITUTION tJO. 2ND LIEN DATE: -• IF NO LIEN. CHECK 2ND LIENROLOEn STREET CITY STATE 21P IF THtS IS AN EL7, CHECK HERE ^ NOTE: FIN REQUIRED FINANCIAL INSTITUTION NO. ABhJAII 1MMANUEL 6828 Torresdale Ave Philadelphia, PA 19135 (215}333-2233 THIS IS NO"1' AN ARBI1'RA,'I'ION CASE DAUPHIN COUNTY, ABIJAH 1MMANUEL PENNSYLVANIA. PLAINTIFF COURT OF COMMON PLEAS TRIAL DIVISION -CIVIL VS. Pun Collections V, LLC Sh:ippensb~trg Health Care Center Eddie L Collins, Power of Attorney for Walter M Paterson III and all other persons unluiown clainlmg any right, title, estate, lien or interest in the real property described in the complaint adverse to plaintiff's ownership. DEFENDANT(S) ~~ti X009 e ~ ~ ~~ ~~ Q~:=~=~_ _} ,_s ACTION TO QUIET TITLE •- _ c~ NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU 'JVITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THiS OFFICE MAY 8E ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. NAME: LAWYERS REFERENCE SERVICE DAUPHIN COUNTY BAR ASSOCIATION ADDRESS: 2l3 North Front St~•eet Harrisbur;, PA 17101 717.232.7536 ~1 CERTIFICATE OF SERVICE I hereby certify that, on this date, a true and correct copy of the foregoing Motion for Hearing Date was served via first-class, United States mail, postage prepaid, upon the following: Ed Collins, Power of Attorney 2234 Penn Street Harrisburg, PA 17110 Dated: ~ --3 ~~ By: ~-'--°~ 1 Linda L. Scisciani, Paralegal IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION Ili RE: WALTER PATTERSON ~ O.C. No. 2009-00553 MOTION FOR HEARING DATE File on behalf of Petitioner: Perini Services/Southampton Manor Limited d/b/a Shippensburg Health Care Center Counsel for Petitioner: Livia F. Langton Attorney I.D. No. 91548 (412) 281-3710 Marijane E. Treacy Attorney I.D. No. 84070 (412) 281-3535 U. S. Steel Tower 600 Grant Street, Ste. 3290 Pittsburgh, PA 15219 Fax: (412) 281-0530 Chadwick O. Bogar PA. I.D. #83755 (717) 909-5920 417 Walnut Street, 4`" Floor Harrisburg, PA 17101 Fax (717) 909-5925