HomeMy WebLinkAbout04-07-15 C, a
c� rn
<3 co C1
( - rr1
47
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
i
IN THE MATTER OF
SARAH QUIMBY,
An Alleged Incapacitated Person No.
PETITION FOR
APPOINTMENT OF PERMANENTGUARDIAN
AND NOW COMES, Petitioner, Messiah Lifeways, by and through its attorneys, Latsha
Davis & McKenna, P.C., and hereby petitions for an adjudication of incapacity and appointment
of a guardian under 20 Pa.C.S. § 5511, and in support thereof represents as follows:
1. The name of the alleged incapacitated person is Sarah Quimby, hereinafter
referred to as "Mrs. Quimby."
2. Petitioner is Messiah Lifeways, a continuing care retirement community located
at 100 Mt. Allen Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. On September 26, 2014, Petitioner filed a Petition for Adjudication of Incapacity
and Appointment of Guardian before this Honorable Court.
4. A hearing on the Petition was held before this Honorable Court on November 26,
2014.
5. Following the hearing, this Honorable Court issued an Opinion and Order dated
December 2, 2014.
6. That Order granted temporary guardianship of Mrs. Quimby to Keystone
Guardianship.Services ("KGS").
7. The Order also addressed two open items identified at the hearing.
8. First, the Court was concerned that the existing guardian, Patricia D. Shelton, had
not formally renounced her position as guardian of Mrs. Quimby.
9. Second, the Court was concerned with "VA" funds that may have been
improperly paid to Patricia D. Shelton and/or not used for the benefit of Mrs. Quimby.
10. Pursuant to the Order KGS was required to make contact with Patricia D. Shelton
to investigate the source(s) of Mrs. Quimby's income and assets, if any, and to determine
whether Ms. Shelton intended to serve as Mrs. Quimby's guardian moving forward.
11. KGS secured a Renunciation of Power of Attorney document which is attached
hereto and marked as Exhibit "A."
12. Additionally, KGS completed an inventory of Mrs. Quimby's assets and income,
a copy of which is attached hereto and marked as Exhibit "B."
13. During its investigation, KGS discovered that the "VA" benefits discussed at the
hearing were actually Virginia State Retirement System pension payments, not benefits from the
Veterans Administration.
14. The pension payments had been made and deposited to a Members Is' Federal
Credit Union account in the name of Mrs. Quimby.
15. The pension funds were being managed by Patricia D. Shelton.
5306740
2
16. The pension funds were turned over to Messiah Lifeways on April 23, 2014 and
any subsequent pension fund deposits have been forwarded to Messiah Lifeways via Electronic
Funds Transfer. A copy of correspondence from Patricia D. Shelton's counsel regarding the same
is attached hereto and marked as Exhibit"C."
17. Any benefits due and owing to Mrs. Quimby from the Veterans Administration
had been withheld by the Veterans Administration since approximately March 2012. See Exhibit
18. Those Veterans Administration benefits that will be withheld will be paid to
Mrs. Quimby in a lump sum and monthly payments will follow thereafter.
19. Accordingly, because Patricia D. Shelton has renounced her title as guardian of
Mrs. Quimby and the funds have been properly accounted for, KGS may now be appointed
permanent guardian of the allegedly incapacitated person.
20. Robert Kline, Esquire, Mrs. Quimby's court-appointed attorney, concurs in this
petition.
WHEREFORE, Petitioner, Messiah Lifeways respectfully requests that this Honorable
Court rule that Keystone Guardianship Services may now be appointed permanent guardian of
the allegedly incapacitated person.
5306740
3
Respectfully submitted,
LATSHA DAVIS & MCKENNA, P.C.
Date: March 26, 2015 By:
Steven M. Montresor
Attorney I.D. No.: PA 74244
Andrew P. Dollman, Esquire
Attorney I.D. No. PA 209466
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
Tele: (717) 620-2424
Fax: (717) 620-2444
smontresor@ldylaw.com
Attorneys for Petitioner,
Messiah Lifeways
530674vl
4
RENUNCIATION OF POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that I, Patricia Shelton, agent for Sarah
Quimby (the "Principal") pursuant to a certain Power of Attorney dated June 29, 2006, (the
"POA") do hereby renounce my right, power, and authority as an agent for the Principal under
the POA for and on behalf of the Principal effective the date listed below.
This renunciation shall be considered to renounce all rights, powers, and duty, conferred
upon me through the POA instrument executed by the Principal.
IN WITNESS WHEREOF, intending to be legally bound hereby, the undersigned has
duly executed this Renunciation of Power of Attorney on this 3 ► day of 1�e_�er"bar,2014
WITNESS:
w
atricia Shelton
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF
ON THIS, the 3 day of D-e—cervi 1'j e r 20 14 ,
before me personally appeared P ckA-r ,c,o, S 1\eAm^ , known to me to
be the person whose name is subscribed to the within instrument, and acknowledged to me that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
CO SYLVANIA
Notary Public NOTARIAL SEAL
MICHAEL McCORKLE,Notary Public
Hampden Twp.,Cumberland County
My commission expires: 1 Cj tJ U V p-p t My Commission Expires November 15,2015
5039700
GUARDIAN'S INVENTORY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA
ORPHANS'COURT DIVISION
Estate of Sarah Quimby ,an incapacitated Person
No. 21-14927
1. Real Estate:(Location,by whom occupied and rental Estimated Value:
terms applicable)
Total for Real Estate: $.00
2. Personal Property: Estimated Value:
Messiah Lifeways trust fund#60717 $1,233.90
Monumental Life-beneficiary of daughter's policy $5344.87
Minnesota Life policy#29413-G-$8,000.00 death benefit-cash value $.00
Burial Reserve-Smith&Williams Funeral Home $12,626.00
Total for Personal Property $19,204.77
3. Jointly Held Property: Estimated Value:
(Set fourth real andpersonal property owned by the Incapacitated person JOINIZYwith any
other person(s).State whether held as tenants by the entireties;if not,whether the right of
suruiuorshi exists.
Totalfor Jointly Held Property: $.00
4. .Anticipated Assets: Estimated Value:
(Set fourth property of any kind expected to be acquired hereafter,together with
anticipated date ofacquisition.)
Property Anticipated Date of Acquisition
Dept.of VA has been withholding her$go personal allowance since March of $.00
2012. Submitted paperwork to get reinstated and for the held funds to be
released. Date of release and amount is not known at this time.
Page 1 of 2
Estate of Sarah Quimby ,an incapacitated Person
TOTALOF ITEMS 1, 2,3,and 4:..................................................................... $19,204.77
5. Monthly income:
Social Security $851.90
Virginia State Retirement System pension $826.59
Civil Service pension $1,352.00
Totalfor monthly income $3,030.49
Commonwealth of Pennsylvania .
:ss.
County of Dauphin
Keystone Guardianship Services ,says that the foregoing is a full,
(Guardian)
True and complete Inventory of the Estate of Sarah Quimby ,
The aforesaid Incapacitated Person or Minor;and that all of the information set forth herein is
True and correct to the best of the Guardian's knowledge and belief.
I verify that the statements made in this ) KEYSTONE GUARDIANSHIP SERVICES
inventory are true and correct. I under- )
Stand that false statements herein are )
made subject to the penalties of )
18 Pa.C.S. §4904 relating to unsworn ) Guardian
falsification to authorities. )
Page 2 of 2
WALTERS & GALLOWAY, PLLC
54 East Main Street,Mechanicsburg,PA 17055
Phone:717-697-4700 Fax:717-697-9395
Murrel R.Walters III David R.Galloway
Murrel(K-6wal teragLillomi�!coti_f Dayicl@ al Ler, a�l�way_carz
April 23, 2014
Ms. Julie Stout
Messiah Lifeways
100 Mt. Allen Drive
Mechanicsburg, PA 17055
RE: Sarah S. Quimby,by and through her agent, Patricia D. Shelton
Members I"FCU Accounts Nos:
XXXXXXX987--Sarah S. Quimby c/o Patricia D. Shelton
Checking(0011)
Savings (0000)
XXXXXXX171 —Lanie Swanger/Patricia D. Shelton
Dear Ms. Stout,
As you know, this office represents Sarah S. Quimby by and through her agent,
Patricia D. Shelton. We write to memorialize our telephone conversation in late March
when Messiah and Ms. Shelton agreed to the following terms:
1. Ms. Shelton will accept a one-time agency fee of $4,000,
an amount paid and received before the date of this letter;
2. Except for retaining $50 in the referenced Checking and $5
in the referenced Savings accounts, return all funds in the referenced
accounts to Messiah for the care of Sarah S. Quimby. To that end, we
enclose check number 907805 for$9,878.86; and
3. Complete the enclosed EFT Election Form transferring Ms.
Quimby's future monthly benefits from the Members 1"Checking account
to an account held and controlled by Messiah for the benefit of Ms.
Quimby.
Should you have any questions or if this letter does not accurately reflect our
conversation,please contact me.
�4cxy truly yours,
David R. Gallow
DRG/sh
Enclosure
cc: Ms. Patricia Shelton (via first-class mail)(w/out enc.)
Lifewa
MESSIAH`4 :
Electronic Funds Transfer Election Form
We are pleased to offer you an electronic option for payment of your monthly charges—
automatic monthly deductions from your bank account. Should you choose to elect this
method of payment, the deduction will be made automatically on the 20th of the month
or the first business day thereafter if the 20th is a weekend or bank holiday.
You have two options for electronic funds transfer. Please choose one:
Option 1: Choose to have your entire monthly billing deducted from your bank account.
This means that whatever is included on your monthly bill or bills, such as monthly fee,
meal plan, salon charges, home care and housekeeping, etc. will be included in the
deduction from your bank account. You will still receive a paper statement each month
for your records. It will be marked 'Do Not Pay.' The amount deducted from your bank
account will be shown in the box marked 'Total Amount Due.'
Option 2: Choose a maximum amount that can be withdrawn. The maximum amount
you select will be applied to each monthly bill that you receive from Messiah Lifeways.
For example, if you receive a bill from Messiah Lifeways at Messiah Village and a bill
from Messiah Lifeways At Home, and you specify a maximum amount of$500,then a
maximum of$500 can be deducted from your bank account for the Messiah Lifeways at
Messiah Village bill, and a maximum of$500 can be deducted from your bank account
for the Messiah Lifeways At Home bill. You will still receive a paper statement each
month. If any of your monthly bills exceeds your indicated maximum, the statement will
say "$$.$$ [Designated Maximum Amount]will be electronically withdrawn from your
bank account. The remaining balance is $$.$$." You will need to write a check for the
remaining balance.
Please Indicate Your Selection: (check one)
Option 1— Entire Monthly Billing
OR- Oct?
Option 2 —Maximum Amount of
(please indicate amount)
If you are enrolling in electronic funds transfer, or if you are making any changes to your
current authorization, please complete the form on the reverse side.
.;
AN
AT&- 0066907805
,/�� �
ERS
}St , issued By.'Mone ram Pa
lYlfh�7 1 Y9 Yi!1ent'Systems Inc
F O.Eiox 9476;Minnea{ioGs MN 65ii84
FFAERAI&,EDIT UNION - Drawvee: BOKF,[!A'
p.0 BOX 4p :: EUFAULA,OK
{ IU1echRn�ei burg,Pennsyivania 17055 49-55 .
1039 DATE
04:/2-2/14
i** NINE
AND EIGHT HUNDRED SEVENTY EIGHT. POLLARS '***
ENTS *** .9'.878. $6
PA( E CS . y -, 7$ Do it Ii:��Cents:
.0FFIdfAL CHECK:.
i?ra r MEMBERS-ItT FEDERAL C, 'EDIT UNION'
TOT
<'MES .r..; LIFEWAYS
ORD ii OF Two sicr�a R v-Ri P FOR CH cK Ove sz, o0
.;OR QUIMBY
i
°us000090 ?80 SV is 10 3 100 5 5 11:0 1600 1 1 304 ?8 2111
CERTIFICATE OF SERVICE
I, Andrew P. Dollman, Esquire, hereby certify that on this day of March, 2015, a
true and correct copy of the foregoing Petition for Appointment of Permanent Guardian was
served via U.S. First Class Mail, upon the following:
Robert P. Kline, Esquire
Kline Law Office
714 Bridge Street
P.O. Box 461
New Cumberland, PA 17070-0461
Dated: March , 2015
Andrew P. Dollman
5306740
CERTIFICATE OF SERVICE
1, Andrew P. Dollman, Esquire, hereby certify that on this IOAday of March, 2015, a
true and correct copy of the foregoing Petition for Appointment of Permanent Guardian was
served via U.S. First Class Mail, upon the following:
Robert P. Kline, Esquire
Kline Law Office
714 Bridge Street
P.O. Box 461
New Cumberland, PA 17070-0461
Dated: March 26, 2015
Ang;-M*orchfe�r
5306740