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Home My WebLink About04-17-14 � G c �7 1"�;�1 John B.Zonarich,Esquire � � � �,m� o Email: jbz@skarlatoszonarich.com ,.r., -v �, �,, � Identification No. 79989 � n � �• � �.° Elizabeth B. Place,Esquire �' c`n � "`� � ° • �'� ,.> o Email: ebp@skarlatoszonarich.com � C, �, --a -.,., -,, Identification No. 44682 Q �° � � � � Skarlatos Zonarich LLC - � � � r�r� Skarlatos& Zonarich Building a � � � 17 South Second Street, 6th Floor � Harrisburg, Pennsylvania 17101 Telephone(717) 233 — 1000 Attorneys for Petitioner, Gloria J. Banks, Guardian of Inez H. Davis, an Incapacitated Person : COURT OF COMMON PLEAS ESTATE OF INEZ H. DAVIS, : CUMBERLAND COUNTY, An Incapacitated Person. : PENNSYLVANIA : ORPHANS' COURT DIVISION : O.C. NO. 21-07-0200 PETITION FOR ALLOWANCE OF DISTRIBUTION OF PRINCIPAL OF AN INCAPACITATED PERSON TO THE HONORABLE, THE JUDGES OF THE SAID COURT: The Petition of Inez H. Davis, an Incapacitated Person, by her daughter and guardian, Gloria J. Banks, by and through her counsel, SkarlatosZonarich LLC, respectfully requests: 1. Petitioner is Gloria J. Banks, an adult individual who resides at 5776 Catherine St., Harrisburg, PA 17112; Petitioner is the daughter and the plenary guardian of the estate and person of her mother, Inez H. Davis,the Incapacitated Person. I. BACKGROUND 2. The Incapacitated Person suffers from advanced progressive dementia and resides at The Jewish Home of Greater Harrisburg where she receives nursing facility care. 1 '1 3. Since suffering a massive stroke on April 8, 2014, the Incapacitated Person has been receiving inpatient treatment at Hershey Medical Center. 4. The Incapacitated Person's treating physician has advised Petitioner that the Incapacitated Person will likely remain in the hospital at least another week. 5. The Incapacitated Person currently has assets in the amount of approximately $6,500.00. II. Bedhold Fees 6. Pursuant to the "bedhold" policy applicable to Medical Assistance recipients, the Incapacitated Person's bed at the nursing facility is held for her for a period of fifteen days while she is in the hospital. 7. After fifteen days, she must pay $286 per day to reserve her room; otherwise, she will be able to return to the facility only if there is an available bed at the time of her discharge from the hospital. 8. The Jewish Home currently has just one bed available to meet the Incapacitated Person's level of care; if she does not reserve her bed, it is uncertain whether one will be available at the time of her discharge from the hospital. 9. If the Incapacitated Person loses her bed at the Jewish Home, it is possible that upon discharge from the hospital, her choice of facilities that would accept her as a Medical Assistance recipient would be limited to facilities that are some distance away and that provide a lower quality of care. 10. It is in the Incapacitated Person's best interest to return to the Jewish Home; she has lived there over two years and is familiar with the surrounding; more importantly,the facility 2 is in very close proximity to family, allowing family members to visit frequently and assist in meeting her care needs. 11. Petitioner seeks permission to invade principal to reserve the Incapacitated Person's bed at the facility upon the expiration of the fifteen day bedhold (believed to be April 23,2014). 12. Since it is possible that this situation may arise if there are future hospitalizations, Petitioner requests permission to expend funds to reserve the Incapacitated Person's bed in all instances where the fifteen day bedhold period has been reached. II. Aides 13. The Incapacitated Person's health is declining; she would benefit from additional care assistance, especially as it relates to assuring that she consumes sufficient liquids to avoid dehydration(which doctors have linked to the cause of her current hospitalization). 14. It is estimated that one or two hours of assistance, three to four times per week, would help the Incapacitated Person maintain her maximum functioning level. 15. In addition, there are occasions when the Incapacitated Person, who suffers from advanced progressive dementia, has been transported to healthcare appointments without the presence of an aide from the facility. 16. Petitioner requests approval for the distribution of principal to hire assistants (at a cost of between $17.00 to $25.00 per hour), as needed, to provide supplemental care for her and to accompany her to appointments when Petitioner is unable. III. Le�al Fees 17. The law firm of SkarlatosZonarich, LLC provided legal fees relative to the preparation of this Petition and preparation of tax returns. 3 18. Petitioner seeks approval to distribute principal in the amount of two hundred ($511.11) dollars to SkarlatosZonarich LLC. A copy of the invoice for legal services is attached as Exhibit"A". 19. Petitioner's consent is attached hereto as Exhibit"B". WHEREFORE, Petitioner respectfully requests this Court authorize Petitioner to distribute the Incapacitated Person's principal as described herein pursuant to the attached proposed Order. Respectfully submitted, SKARLATOSZONARICH LLC Dated: April��2014 By: � c��.'S'"zv--�� John B. Zonarich,Esquire Identification No. 79989 Elizabeth B. Place Identification No. 44682 17 South Second Street, 6th Floor Harrisburg, Pennsylvania 17101 Telephone (717) 233 — 1000 Facsimile: (717) 233 —6740 Email:j bz@skarlato szonarich.com ebp@skarlatoszonarich.com Attorneys for Petitioner 4 � � 17 S.2nd Street,Floor 6 S ar atos�,��a.rlc LL�, Harrisburg,PA 17101-2039 Telephone(717)233-1000 Sound Advice. Smarter Decisions. Fax(717)233-6740 www.skarlato szonarich.com PRIVILEGED AND CONFIDENTIAL INVOICE SUMMARY Inez Davis April 16, 2014 c/o Gloria Banks File#: DAVIIN1202 5776 Catherine Street Inv #: 61673 Harrisburg, PA 17112 RE: Elder Law TOTAL PROFESSIONAL FEES $477.50 TOTAL EXPENSES MADE TO YOUR ACCOUNT $33.61 TAXES $0.00 PAYMENTS AND CREDITS $0.00 TOTAL BILL AMOUNT FOR INVOICE# 61673 $511.11 PLEASE PAY THIS AMOUNT (Please also see attached invoice detail) $511.11 ---------------- ---------------- A 1 1/12%PER MONTH REBILLING CHARGE WHICH IS AN ANNUAL RATE OF 18%WILL BE APPLIED AFTER 30 DAYS. Please send remittance to: SkarlatosZonarich LLC 17 S. 2nd Street, Floor 6 Harrisburg, PA 17101-2039 PLEASE INDICATE YOUR I1vVOICE NUMBER ON YOUR REMITTANCE Law Firm Tax Identification No: 25-1839294 Exhibit A PRIVILEGED AND CONFIDENTIAL Invoice: 61673 • Page: 2 INVOICE DETAIL Inez Davis c/o Gloria Banks 5776 Catherine Street Harrisburg, PA 17112 RE: Elder Law DATE DESCRIPTION HOURS Mar-06-14 TMR NO CHARGE --Mail documents to Gloria with return envelope 0.20 EBP NO CHARGE --Preparation and mailing of revised petition with exhibits and 0.90 correspondence to Gloria Davis;instructions to Ryan Mar-12-14 JKD NO CHARGE --Scan and save date stamped copies of annual reports of the estate 0.20 and person with receipt of payment EBP NO CHARGE --Receipt and review of materials 0.20 Mar-13-14 JKD NO CHARGE --Make copy of date stamped annual reports;cover letter to Gloria 0.40 Banks regarding date stamped copies; scan and save to file Mar-14-14 EBP NO CHARGE --Changes to Petition;telephone call with Dauphin County OC 0.50 regarding service requirements; instructions to Toya regarding filing of Petition; conference with Dave regarding contacting Gloria Mar-21-14 TMR NO CHARGE --Scan copy and mail letter and document;File and add to the 0.20 server; EBP NO CHARGE --Review of Decree;correspondence to Gloria regarding same 0.20 Mar-24-14 JKD NO CHARGE --Scan and save Decree and receipt of payment to file; file 0.20 doucments in paper file Apr-02-14 DBS discussion with Elizabeth B.Place,Esq.and email to Gloria Banks on 2013 tax 030 return information Apr-03-14 DBS telephone conference with Gloria Banks regarding 2012 and 2013 tax matters 0.20 EBP NO CHARGE --Telephone call with Gloria regarding invoice and updated 0.30 regarding Inez;re-sending copy of Order Apr-14-14 DBS prepare tax returns/extension 0.40 Apr-15-14 JKD NO CHARGE --Telephone conversation with Gloria Banks to schedule 0.20 appointment to review and sign petition EBP Telephone call with Gloria regarding Inez'condition and bedhold;telephone call to 2.00 PRIVILEGED AND CONFIDENTIAL Invoice: 61673 � Page: 3 Diana Rizzio,Jewish Home;telephone call with Diane Rizzio;preparation of Petition;instructions to staff(billed at 1/2 rate) PRIVILEGED AND CONFIDENTIAL Invoice: 61673 . Page: 4 Summarv of Time Billed Timekeener Title Hours Rate Amount Jatoya K.Drayton Paralegal 1.00 $135.00 $0.00 Trina M.Runkle Paralegal 0.40 $135.00 $0.00 David B Shatto Accountant 0.90 $225.00 $202.50 Elizabeth B Place Senior Associate 4.10 $275.00 $275.00 Total Current Professional Fees* $477.50 (*Note that the Amount chazged may not always reflect the Hours multiplied by the Rate because of time entries that are subject to a"no charge") EXPENSES: $18.61 Postage Mar 14/14 Cumberland County Register of Wills $15.00 Filing Fee for Petition (JKD) Total Expenses $33.61 Total Taxes Charged $0.00 Total due this invoice $511.11 Please Pay This Amount $511.11 A 1 1/2%PER MONTH REBILLING CHARGE WHICH IS AN ANNUAL RATE OF 18%WILL BE APPLIED AFTER 30 DAYS. Please send remittance to: SkarlatosZonarich LLC 17 S. 2nd Street, Floor 6 Harrisburg, PA 17101-2039 PLEASE INDICATE YOUR INVOICE NUMBER ON YOUR REMITTANCE Law Firm Tax Identi�cation No: 25-1839294 CERTIFICATE OF CONSENT I, Glaria J. Banks, daughter and Guardian of Inez H. Davis, do hereby certify that I have reviewed the attached Petition, concur therewith, join in the Petition and pray that this court approve it. Dated: ��y • �a�� Gloria J. Banks, titioner E�chibit B VERIFICATION I, Gloria J. Banks, am the Petitioner in this action and hereby verify that the statements made in the foregoing PETITION FOR ALLOWANCE OF DISTRIBUTION OF PRINCIPAL are true and correct to the best of my knowledge, information and belief. I understand that the statements in said Petition are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. � . Dated: �f��y • ��1?I'2+�.3�1J Gloria J. Ba s, Petitioner