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HomeMy WebLinkAbout01-2193AREA AGENCY ON AGING, Plaintiff SAP~A McALICHER, Defendant IN RE: PERMANENT : CIVIL ACTION - LAW : : NO. 01-2193 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETITION FOR APPOINTMENT OF PLENARY GUARDIANS OF THE PERSON AND ESTATE BEFORE OLER, J. ORDER OF COURT AND NOW, this 8th day of August, 2001, upon consideration of the Petition for Appointment of Permanent Plenary Guardians of the Person and Estate in the above-captioned matter, and following a hearing at which the allegedly incapacitated person, Sara Marie McAlicher, was present and represented by her court-appointed counsel, John A. Abom, Esquire, the son of Ms. McAlicher, Robert McAlicher, was present and represented by Bradford Dorrance, Esquire, and the Petitioner was present through a representative and represented by its counsel, Anthony L. DeLuca, Esquire, Sara Marie McAlicher is adjudicated an incapacitated person, and the Petitioner, the Cumberland County Area Agency on Aging, is appointed plenary guardian of her person; Petitioner and Ms. McAlicher's son, Robert McAlicher, are appointed plenary co-guardians of her estate. The guardians are directed to file reports in accordance with the provisions of the Probate, Estates and Fiduciary's Code applicable to such guardians. No bond shall be required of the guardians in this case. Notice is hereby provided to Sara Marie McAlicher through this order entered in open court in her presence and in the presence of her court-appointed counsel of her right to appeal and to petition to modify or terminate the guardianships created herein. The following special terms and conditions shall apply to the guardians and guardianships created herein: 1. The medical assistance application shall be completed on or before August 22, 2001, by Robert McAlicher. The items to be furnished to the Department of Public Welfare are those enumerated on Petitioner's Exhibit 1, a copy of which is attached hereto and made a part hereof. 2. All of the monthly income of Sara Marie McAlicher shall be direct-deposited to her account at West Shore Health and Rehab Center. 3. Failure to comply with this order may be grounds for the filing of a motion for contempt. By the Court, Anthony L. DeLuoa, Esquire ~~e s~l e~/~O l~Jr~' '~ 113 Front Street Boiling Springs, PA 17007 For the Petitioner John A. Abom, Esquire 8 South Hanover Street Carlisle, PA 17013 Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 For Robert McAlicher pcb Commonwealth of Pennsylvania Department of Public Welfare CUMBERLAND COUNTY BOARD OF ASSISTANCE 33 Westminster Drive P.O. Box 599 Carlisle, PA 17013-0599 Telephone 240-2744 OR 1-800-269-0173 FAX: 24%0919 June 8, 2001 ,1 RE: Sarah B. McAlicher Case: 89716 Nursing Home: West Shore Health & Rehab Dear Mr. McAlieher, We have received your application for Nursing Home Medical Assistance. In order to determine eligibility, we will need the following items as indicated. Photocopies are acceptable. Please send th~ information to Doris Klingensmith by JUNE 22, 2001. Please call if you have any questions, need help in obtaining the required information or would like to requCsLa face-toz face interview, iPlease provide only those items marked with a XX. 1)XX 1) Social Security card / 2)XX 2) Proof of date of birth _ :~:f %..~ 3)XX 3) Medical coverage membership cards. a)XX a) Health Insurance premiums (fi'equency and amount) b)XX b) Medica-e (red/white/blue card) c)XX ¢) Blue Cross / Blue Shield cards d)XX fl) Any other health insurance plan (s) 4)XX 4) Work history (if any in the past 5 years) 5)XX 5) Verification of assets/resources for the past 3 years (36 months) *****BANK STATEMENTS FROM 1998 TO PRESENT****** (Acceptable types of verification are: checkbook ledger, bank statements, Copies of items, statements from source of resoUrce/asset) a)XX a) Bank accounts (checking, savings, money market, etc) b) b) Stocks, bonds, or Certificates of Deposit c) c) Christmas Club, Vacatien Club, etc. d) d) Trust Funds e)XX e) IRA or KEOGH or Annuities ,,~6)OR 6) Tax returns, including the 1099-INT forms for last 3 years 7)XX 7) Verification of titles, vehicle registration (if more than one vehicle provide value of each vehicle. 8)XX 8) All Life insurance policies (verification should include company's name, policy number, type of policy, face amount of policy when purchased, ownership of policy and statement on current cash value. 9) XX 9) Deed to Burial plot(s) or Statement from cemetery 10)XX 10) Copy of Burial Trust (including Statement of Irrevocability) PETITIONER'S EXHIBIT AREA AGENCY ON AGING, Plaintiff SARA McALICHER, Defendant : CIVIL ACTION - LAW : : NO. 01-2193 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLJ~ND COUNTY, PENNSYLVANIA IN RE: PETITION FOR APPOINTMENT OF PERMANENT PLENARY GUARDIANS OF THE PERSON AND ESTATE BEFORE OLER, J. OPINION and ORDER OF COURT 01er, J., August 8, 2001. At issue in the present case is whether Sara Marie McAlicher should be adjudicated an incapacitated person, and, if so, who should be appointed plenary guardians of her person and her estate. A hearing was held on the matter on Wednesday, August 8, 2001, before the undersigned judge. Based upon the evidence presented at the hearing, and pursuant to an agreement of counsel with respect to the order to be entered, the following Findings of Fact, Discusison and Order of Court are made and entered: FINDINGS OF FACT 1. The allegedly incapacitated person is Sara Marie McAlicher, a domiciliary of Cumberland County, who presently resides at the West Shore Health and Rehabilitation Center, 770 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania. 2. Ms. McAlicher was born on July 21, 1916, and is presently 85 years old. 3. Petitioner is on Aging, which has offices at the Cumberland County Area Agency 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 4. The allegedly incapacitated person, McAlicher, Sara Marie has been diagnosed since December 26, 2000, with senile dementia of the Alzheimer's type. 5. As a result of the aforesaid condition, Ms. McAlicher is an adult whose ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that she is totally unable to manage her financial resources and totally unable to meet the essential requirements for her physical health and safety. 6. The duration of the aforesaid condition may be said to be uncertain, and the condition at the present time is such as to necessitate the establishment of plenary guardianships with respect to the person and estate of Ms. McAlicher. 7. In lieu of the absence of a more favorable prognosis at this time, the duration of the guardianships required may be said to be indefinite and pending further order of Court. 8. Petitioner and Ms. McAlicher's son, Robert McAlicher, whose address is 143 Henry Road, Enola, Cumberland County, Pennsylvania, are qualified to serve as plenary co-guardians of Ms. McAlicher's estate, and Petitioner is qualified to serve as plenary guardian of her person. 9. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. 10. The terms of the Order of Court accompanying 'this opinion have been agreed to by counsel for the allegedly incapacitated person, John A. Abom, Esquire, counsel for her son, Bradford Dorrance, Esquire, and counsel for the Petitioner, Anthony L. DeLuca, Esquire. DISCUSSION The provisions respecting an adjudication of incapacitation have been recently amended and are contained in 20 Pa. C.S. Sections 5501 et seq. Petitioner has substantially complied with these provisions, and based upon the forgoing Findings of Fact the following Order of Court will be entered. ORDER OF COURT AND NOW, this 8th day of August, 2001, upon consideration of the Petition for Appointment of Permanent Plenary Guardians of the Person and Estate in the above-captioned matter, and following a hearing at which the allegedly incapacitated person, Sara Marie McAlicher, was present and represented by her court-appointed counsel, John A. Abom, Esquire, the son of Ms. McAlicher, Robert McAlicher, was present and represented by Bradford Dorrance, Esquire, and the Petitioner was present through a representative and represented by its counsel, Anthony L. DeLuca, Esquire, Sara Marie McAlicher is adjudicated an incapacitated person, and the Petitioner, the Cumberland County Area Agency on Aging, is appointed plenary guardian of her person; Petitioner and Ms. McAlicher's son, Robert McAlicher, are appointed plenary co-guardians of her estate. The guardians are directed to file reports in accordance with the provisions of the Probate, Estates and Fiduciary's Code applicable to such guardians. No bond shall be required of the guardians in this c~se. Notice is hereby provided to Sara Marie McAlicher through this order entered in open court in her presence and in the presence of her court-appointed counsel of her right to appeal and to petition to modify or terminate the guardianships created herein. The following special terms and conditions shall apply to the guardians and guardianships created herein: 1. The medical assistance application shall be completed on or before August 22, 2001, by Robert McAlicher. The items to be furnished to the Department of Public Welfare are those enumerated on Petitioner's Exhibit 1, a copy of which is attached hereto and made a part hereof. 2o All of the monthly income of Sara Marie McAlicher shall be direct-deposited to her account at West Shore Health and Rehab Center. 3. Failure to comply with this order may be grounds for the filing of a motion Anthony L. DeLuca, Esquire 113 Front Street Boiling Springs, PA 17007 For the Petitioner John A. Abom, Esquire 8 South Hanover Street Carlisle, PA 17013 Bradford Dorrance, Esquire 210 Walnut Street P,O. Box 11963 Harrisburg, PA 17108-1963 For Robert McAlicher pcb for contempt. By the Court, /s/ J. Wesley Oler, Jr. AREA AGENCY ON AGING, Plaintiff SARA McALICHER, Defendant : CIVIL ACTION - LAW : : NO. 01-2193 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PETITION FOR ACCESS TO RECORDS BEFORE OLER, J. ORDER OF COURT AND NOW, this 8th day of August, 2001, upon consideration of Petitioner's Petition for Access to Records, and the Court having appointed guardians of the person and estate for Sara Marie McAlicher on this date, and with the consent of Petitioner's counsel, the petition is deemed moot. Anthony L.. DeLuca, Esquire 113 Front Street Boiling Springs, PA 17007 For the Petitioner John A. Abom, Esquire 8 South Hanover Street Carlisle, PA 17013 Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 For Robert McAlicher pcb AREA AGENCY ON AGING, Petitioner VS. SARA McALICHER, Respondent : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2193 : CIVIL ACTION - LAW : OLDER ADULTS PROTECTIVE : SERVICES ACT ORDER AND NOW, to wit, this ~.~/~day of ,~',~ DECREED that the within Petition be heard on the / ~' 30 f .M o'clock, in Courtroom No. / ,2001, it is ORDERED and day of ~ , 2001, at __ at the Cumberland County Courthouse, Carlisle, Pennsylvania. AREA AGENCY ON AGING, Petitioner VS. SARA McALICHER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2193 : CIVIL ACTION - LAW : : OLDER ADULTS PROTECTIVE : SERVICES ACT PETITION FOR ACCESS TO RECORDS AND NOW, this day of July, 2001, comes the Area Agency on Aging, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, and files this Petition based upon the following: 1. Petitioner is the Area Agency on Aging, in and for Cumberland County, Pennsylvania, with its principal office at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. Sara McAlicher is an older adult, 84 years of age, who has been a resident of the West Shore Health and Rehabilitation Center located at 770 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania since June 7, 2000. 3. Sara McAlicher has a son by the name of Robert McAlicher who resides at 143 Henry Road, Enola, Cumberland County, Pennsylvania. 4. On or about April 12, 2001, Petitioner filed a Petition for Access to Records and, by Order of Court, the Petition was scheduled to be heard on April 26, 2001 at 9:00 A.M. in Courtroom No. 1. On April 26, 2001, upon consideration of the Petition for Access to Records and pursuant to an agreement reached in chambers by counsel for the various interested parties, the Respondent's son, Robert McAlicher, was directed, within twenty (20) days to provide counsel for the Petitioner with certain information or mater/als as stated in said Order, a copy of which is attached hereto, marked as Petitioner's Exhibit "A", and incorporated herein by reference. 6. The Respondent's son has provided some of the requested information but has failed to comply completely with said Order resulting in Petitioner's continuing inability to fully assess Sara McAlicher as required by the Older Adults Protective Services Act, 35 Pa. C.S.A. 10217(d). 7. Petitioner has requested the additional information but has yet to receive it. 8. Petitioner avers that Robert McAlicher is in violation of the Order of Court dated April 26, 2001. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order directing that a Hearing be held on Petitioner's initial Petition for Access to Records. Dated.~~o~O.o Respectfully submitted, Anthony L. D6~a, Esquire P.O. Box 358 · 113 Front Street Boiling Springs, Pennsylvania 17007 Attorney for Petitioner (717) 258~6844 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for Access to Records are tree 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 unswom falsification to authorities. Dated: Priscilla Whitman AREA AGENCY ON AGING, Petitioner SARA McALICHER, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - I.~.W NO. 01-2193 CIVIL TERM ORDER 0P COURT AND NOW, this 26th day of April, 2001, upon consideration of the Petition for Access to Records filed in the above-captioned matter, and pursuant to an agreement reached in chambers of the undersigned judge by counsel for the various interested persons or agencies in the persons of Anthony L. DeLuca, Esquire, on behalf of the Petitioner, Area Agency on Aging in and for Cumberland County, John A. Abom, Esquire, Court-Appointed Counsel for the Respondent, Sara McAlicher, and Bradford Dorrance, Esquire (participating by telephone), the Respondent's son, it is ordered and directed that within 20 days of today's date, Robert McAlicher provide counsel for the materials: institutions(s) held; counsel for Robert McA!icher, Petitioner the following information or income; towards 1. The name of the bank(s) and financial where Sara McAlicher's accounts are being to 2. Source and amount of Sara McAlicher's 3. Documentation on what monies were spent Sara McAlieher's care at West Shore Health and Rehabilitation; 4. institution statements, cancelled checks since Rehabilitation; and 5. Copies of all bank and financial including deposit slips and her entry into West Shore Health and Documentation of ownership of the house located at 143 Henry Road, Enola, Pennsylvania, 17025. Petitioner shall share the information and materials received with counsel for Respondent. Anthony DeLuca, Esquire 113 Front Street Boiling Springs, PA 17007 For the Petitioner By the Court, Ji'/We~s!ey ~ri_~r .... , ~. John A. Abom, Esquire 8 South Hanover Street Carlisle, PA 17013 Court-Appointed Counsel for the Respondent Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 For Robert McAlicher wcy CERTIFICATE OF SERVICE The undersigned does hereby certify that a tree and correct copy of the foregoing document was ma/led this date by depositing same in the possession of the United States Postal Service by first class mail, postage prepaid, addressed to the following: Dated: Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, PA. 17108-1963 And Jolm A. Aborn, Esquire 8 South Hanover Street Carlisle, PA. 17013 a, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 0 H ~ 0 0 ('3 0 C3 AREA AGENCY ON AGING, Petitioner VS. SARA McALICHER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-2193 : CIVIL ACTION - LAW : : OLDER ADULTS PROTECTIVE : SERVICES ACT ORDER AND NOW, to wit, this t'~/~day of d~ DECREED that the within Petition be heard on the / J 30 ? .M o'clock, in Courtroom No. ,2001, it is ORDERED and dayof ~ ,2001, at / at the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: AREA AGENCY ON AGING, Petitioner VS. SARA McALICHER, Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-2193 : CIVIL ACTION - LAW : OLDER ADULTS PROTECTIVE : SERVICES ACT PETITION FOR ACCESS TO RECORDS AND NOW, this day of July, 2001, comes the Area Agency on Aging, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, and files this Petition based upon the following: 1. Petitioner is the Area Agency on Aging, in and for Cumberland County, Pennsylvania, with its principal office at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. Sara McAlicher is an older adult, 84 years of age, who has been a resident of the West Shore Health and Rehabilitation Center located at 770 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania since June 7, 2000. 3. Sara McAlicher has a son by the name of Robert McAlicher who resides at 143 Henry Road, Enola, Cumberland County, Pennsylvania. 4. On or about April 12, 2001, Petitioner filed a Petition for Access to Records and, by Order of Court, the Petition was scheduled to be heard on April 26, 2001 at 9:00 A.M. in Courtroom No. 1. On April 26, 2001, upon consideration of the Petition for Access to Records and pursuant to an agreement reached in chambers by counsel for the various interested parties, the Respondent's son, Robert McAlicher, was directed, within twenty (20) days to provide counsel for the Petitioner with certain information or materials as stated in said Order, a copy of which is attached hereto, marked as Petitioner's Exhibit "A", and incorporated herein by reference. 6. The Respondent's son has provided some of the requested information but has failed to comply completely with said Order resulting in Petitioner's continuing inability to fully assess Sara McAlicher as required by the Older Adults Protective Services Act, 35 Pa. C.S.A, 10217(d). 7. Petitioner has requested the additional information but has yet to receive it. 8. Petitioner avers that Robert McAlicher is in violation of the Order of Court dated April 26, 2001. WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order directing that a Hearing be held on Petitioner's initial Petition for Access to Records. Respectfully submitted, ~An2ho_.ny L_. D*~L)i~a, Esquire P.O. Box 358 ~ 113 Front Street Boiling Springs, Pennsylvania 17007 Attorney for Petitioner (717) 258-6844 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for Access to Records 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 unswom falsification to authorities. Dated: Priscilla Whitman AREA AGENCY ON AGING, Petitioner SAP~A McALICHER, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 01-2193 CIVIL TERM ORDER OF COURT A/qD NOW, this 26th day of April, 2001, upon consideration of the Petition for Access to Records filed in the above-captioned matter, and pursuant to an agreement reached in chambers of the undersigned judge by counsel for the various interested persons or agencies in the persons of Anthony L. DeLuca, Esquire, on behalf of the Petitioner, Area Agency on Aging in and for Cumberland Ccunty, John A. Abom, Esquire, Court-Appointed Counsel Sara McAlicher~ and Bradford Dorrance, (participating by telephone), counsel for the Respondent, Esquire for Roberz McAiicher, the Respondent's son, it is ordered and directed that within 20 days of today's date, Robert McAlicher provide to counsel for tke Petitioner the following information or materials: institutions(s} held; 1. The name of the bank(s} and financial where Sara McAlicher's accounts are being income; towards 2. Source and amount of Sara McAlicher's 3. Documentation on what monies were spent Sara McAlicher's care at West Shore Health and Rehabilitation; 4. Copies of all bank and financial institution statements, including deposit slips and cancelled checks since her entry into West Shore Health and Rehabilitation; and 5. Documentation of ownership of the house located at 143 Henry Road, Enola, Pennsylvania, 17025. Petitioner shall share the information and materials received with counsel for Respondent. Anthony DeLuca, Esquire 113 Front Street Boiling Springs, PA 17007 For the Petitioner By the Court, u...Y John A. Abom, Esquire 8 South Hanover Stree% Carlisle, PA 17013 Court-Appointed Counsel for the Respondent Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 For Robert McAticher wcy CERTIFICATE OF SERVICE 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: Bradford Dorrance, Esquire 2 l 0 Walnut Street P.O. Box 11963 Harrisburg, PA. 17108-1963 And John A. Abom, Esquire 8 South Hanover Street Carlisle, PA. 17013 ~th%fiy L. l~e~ca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 SHERIFF'S RETURN - CASE NO: 2001-02193 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AREA AGENCY ON AGING VS MCALICHER SAP~A REGULAR DAWN KELL , Cumberland County, Pennsylvania, says, the within ORDER AND PETITION MCALICHER ROBERT RESPONDENT , at 0016:56 HOURS, at SUMMERDALE PLAZA ENOLA, PA 17025 ROBERT MCALICHER a true and attested copy of ORDER AND PETITION Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 23rd day of April by handing to the , 2001 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Ans~we,~/: Service 9.30 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.30 04/24/2001 Sworn and Subscribed to before me this day of By: Deputy Sheriff AREA AGENCY ON AGING, Petitioner VS. SARA McALICHER, Respondent 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA NO. 01-- ~ 1~3 ~,~ { CIVIL ACTION - LAW OLDER ADULTS PROTECTIVE SERVICES ACT ORDER DECRE~tthaNt~e';~v~t'P2~:onl~e~h:;Yd ~fn t~et: ~" d:y~l' 't~is~,.0t~E' 20~l,~dt ~oO IA .M o'clock, ~ Cou~room No. [ at the Cumb~l~d Coun~ Cou~house, Carlisle, Pennsylvania. adult, Sara McAlicher, at this hearing. ,~ ~Dff ,) shall be appointed to represent the older BY THE COURT: AREA AGENCY ON AGING, Petitioner VS. SARA McALICHI~R, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW OLDER ADULTS PROTECTIVE SERVICES ACT PETITION FOR ACCESS TO RECORDS AND NOW, this/,~/4 day of April, 2001, comes the Area Agency on Aging, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, and files this Petition based upon the following: 1. Petitioner is the Area Agency on Aging, in and for Cumberland County, Pennsylvania, with its principal office at 16 West High Street, Carlisle, Cumberland County, Pennsylvania. 2. Sara McAlicher is an older adult, 84 years of age, who has been a resident of the West Shore Health and Rehabilitation Center located at 770 Poplar Church Road, Camp Hill, Cumberland County, Pennsylvania since June 7, 2000. 3~ Sara McAlicher has a son by the name of Robert McAlicher who resides at 143 Henry Road, Enola, Cumberland County, Pennsylvania. 4. Petitioner believes and therefore avers that the older adult, Sara McAlicher, and her son own the residence at 143 Henry Road, Enola, Pennsylvania and that the older adult and son also share a bank account. Petitioner further alleges that the Social Security checks of Sara McAlicher are being sent to her residence where her son resides and not to the nursing home where said Social Security checks are needed to pay for her care. 6. Robert McAlicher has refused to forward his mother's Social Security checks to West Shore Health and Rehabilitation Center to help pay for her care despite requests for him to do so. 7. Petitioner has determined that the outstanding balance due and owing to West Shore Health and Rehabilitation Center as of April 1 I, 2001 is $27,673.55 and that no payment has been made for the care of Sara McAlicher since she became a resident of the facility. 8. The son of Sara McAlicher, Robert McAlicher, was contacted on February 13, 2001 and asked that he provide specific financial information regarding his mother in order that an application for medical assistance could be filed for his mother but, as of this date, he has failed to provide the requested information. 9. Petitioner subsequently sent Robert McAlicher two (2) letters requesting specific financial information about his mother, one of which was by regular mail and to which no response has been received and one of which was by "Certified" mail and which was later returned as "unclaimed." 10. A Psychiatric evaluation on December 24, 2000 indicates that Sara McAlicher: A. Has a history of dementia and failure to thrive; B. Is confused, but pleasant; C. Does not ambulate independently and uses a wheel chair; and D. Is disoriented as to day, date, month, year, and place. 11. Unless Sara McAlicher's Social Security benefits are forthcoming and unless her son provides the necessary financial information to file an application for Medical Assistance, the older adult, Sara McAlicher, who is in need of the care provided by West Shore Health and Rehabilitation Center may be placed at imminent risk of death or serious physical harm if compelled to leave the facility. 12. The failure of Robert McAlicher to cooperate in providing the requested financiai information precludes Petitioner from fully assessing Sara McAlicher as required by The Older Adults Protective Serviced Act, 35 Pa. C, S.A. 10217(d). WHEREFORE, Petitioner respectfully requests that this Honorable Court enter an Order pursuant to the Older Adults Protective Services Act providing relief, including but not limited to, directing Robert McAlicher, son of the older adult, Sara McAlicher, to immediately comply with the request of the Petitioner to provide Petitioner with access to all financial records of Sara McAlicher. Respectfully Requested Anthony L. D0ldaca P.O. Box 358 113 Front Street Boiling Springs, PA 17007 Attorney for Petitioner VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for Access to Records 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 unswom falsification to authorities. Priscilla Whitman AREA AGENCY ON AGING, Petitioner SARA McALICHER, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : No. 01-2193 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of April, 2001, upon consideration of the Petition for Access to Records filed in the above-captioned matter, and pursuant to an agreement reached in chambers of the undersigned judge by counsel for the various interested persons or agencies in the persons of Anthony L. DeLuca, Esquire, on behalf of the Petitioner, Area Agency on Aging in and for Cumberland County, John A. Abom, Esquire, Court-Appointed Counsel for the Respondent, Sara McAlicher, and Bradford Dorrance, Esquire (participating by telephone), counsel for Robert McAlicher, the Respondent's son, it is ordered and directed that within 20 days of today's date, Robert McAlicher provide to counsel for the materials: institutions(s) held; income; Petitioner the following information or 1. The name of the bank(s) and financial where Sara McAlicher's accounts are being 2. Source and amount of Sara McAlicher's towards Sara McAlicher's care Documentation on what monies were spent at West Shore Health and Rehabilitation; 4. Copies of all bank and financial institution statements, including deposit slips and cancelled checks since her entry into West Rehabilitation; and located at 143 materials received with counsel Anthony DeLuca, Esquire 113 Front Street Boiling Springs, PA 17007 For the Petitioner John A. Abom, Esquire 8 South Hanover Street Carlisle, PA 17013 Court-Appointed Counsel for the Respondent 5. Documentation of ownership of the house Henry Road, Enola, Pennsylvania, 17025. Petitioner shall share the information and for Respondent. By the Court, J~Wesley~_~, Jz~., wcy Shore Health and Bradford Dorrance, Esquire 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 For Robert McAlicher