HomeMy WebLinkAbout02-0666
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE MATTER OF
Ruth B. Cooper
An Alleged Incapacitated Person
ORPHANS' COURT DIVISION
No. 0;>1- 002.- l.o~l.o
PETITION FOR ADJUDICATION OF INCAPACITY
AND APPOINTMENT OF AN EMERGENCY GUARDIAN
AND NOW, COMES, Messiah Home djbj a Messiah Village ("Messiah
Village"), by and through its attorneys, Latsha Davis & Yohe, P.e., and hereby petitions
for adjudication of incapacity and appointment of an emergency guardian of the estate
and person of Ruth B. Cooper and, in support thereof, represents as follows:
1. The name of the alleged incapacitated person is Ruth B. Cooper
2. Ruth B. Cooper is a widow, who is 93 years of age and currently resides at
Messiah Village, 100 Mt. Allen Drive, Mechanicsburg, PA 17055.
3. Petitioner, Messiah Village, a Pennsylvania non-profit corporation, is a
residential and long-term skilled nursing care provider, with offices located at 100 Mt.
Allen Drive, Mechanicsburg, PA 17055.
4. Upon information and belief, the name and address of Ruth B. Cooper's
only known adult heir is:
Ruth B. Cooper's son, John D. Cooper, 2600 Hoffer smiet,
Harrisburg, PA, 17103.
76200
.
5. Because of Ruth B. Cooper's complete incapacitation and inability to
handle her personal and financial affairs, an emergency guardian of her estate and
person is sought.
6. On or about July 22, 2002, Ruth B. Cooper's son, John D. Cooper,
conveyed that he is no longer willing to act as his mother's attorney-in-fact.
7. At present, Ruth B. Cooper does not have an agent or guardian to consent
to or reject the treatment and/ or care being rendered to her by Messiah Village.
8. If Ruth B. Cooper's health were to suddenly decline, or if she were to need
emergency care and/ or services, Messiah Village would be unable to render
appropriate care and/ or services to her because Ms. Cooper is incapacitated and,
therefore, unable to consent to medical treatment.
9. As of June 30, 2002, the outstanding balance in Ruth B. Cooper's, account
with Messiah Village was approximately $15,017.69.
10. It has been represented by Ruth B. Cooper's former attorney-in-fact, John
D. Cooper, that Ms. Cooper neither possesses sufficient assets to pay Messiah Village
for the care and services which it has rendered, nor will render to her in the future.
11. On or about June 12, 2002, Messiah Village submitted an application for
Medical Assistance to the Cumberland County Assistance Office on Ruth B. Cooper's
behalf; however, her then attorney-in-fact, John D. Cooper, refused to make available to
the Cumberland County Assistance Office on or before July 30, 2002, those documents
requested by the agency based on the privilege against self-incrimination.
76200
2
12. If Ruth B. Cooper fails to provide to the Cumberland County Assistance
Office those documents requested by the agency, Ms. Cooper's application for medical
assistance will be denied
13. Messiah Village has been in contact with Amaryco Guardianship Services,
a Pennsylvania organization located at 2813 North Second Street, Harrisburg,
Pennsylvania 17110, and it is willing to act as guardian of Ruth B. Cooper's, estate and
person for an initial fee of Four Hundred Dollars ($400.00) and, thereafter, a monthly
fee of One Hundred Dollars ($100.00).
14. Amaryco Guardianship Services is qualified to act as guardian over the
estate and person of Ruth B. Cooper by virtue of its familiarity and experience in acting
as guardian for individuals with diminished capacities such as Ruth B. Cooper.
15. Amaryco Guardianship Services has no interests which are adverse to
Ruth B. Cooper's.
16. No advanced directives, wills or powers-of-attorney have been found
appointing a guardian for Ruth B. Cooper.
17. Upon information and belief, Ruth B. Cooper was neither member of the
armed forces, nor a recipient of Veterans Administration benefits.
18. No other Court within this Commonwealth, of which Messiah Village has
knowledge, has appointed a guardian for Ruth B. Cooper.
WHEREFORE, Petitioner, Messiah Homes dlbl a Messiah Village, prays Ruth B.
Cooper, be ordered to show cause, if any there be, why Ruth B. Cooper, should not be
76200
3
declared an incapacitated person and Shaun O'Toole, Esq., d/b/ a Amaryco
Guardianship Services appointed emergency guardian of her estate and person.
Respectfully submitted,
Dated:
7/ t. 4(OZ.
LATSHA DAVIS & YOHE, P.c.
-~
3
~
-- .
Chadwick o. Bogar
Attorney I. D. No. 83755
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
~
Attorneys for Petitioner, Messiah Home d/b/ a
Messiah Village
76200
4
mess i ah vi llage
7177855566
07/24/02 01:12P P~008
07/24/2002 09:03 FAX 7177612266
Latsha.Dav1s&Yohe
1li009
VERIFICATION
The undersigned hereby verifies that the statements of fact in the foregoing
document are true and correct to the best of my knowledge, information and belief. I
understand that any false statements therein are subject to the penalties contained in 18
Pa. C. S. S 4904, relating to unsworn falsification to authorities.
Dated:
l/d."1/01...
000 D. Fmley, Vice resident of
Resources and CFO, Messiah Home
d/b/ a Messiah Village
76200
,
Shaun OToole
UII~q/it:UUl Ul':U,," t'AA, 'J."'"/tt.L;.::;.::tf.lJ
(717)218-~Z72' 07/24/02 08:28A
~atGna.UaV16&~One
P.1ZI1Z12
~ UOY/UUY
CONSENT OF PROPOSED GUARDIAN
Amaryco Guardianship Services does hereby certify that it is willing to act as
emergency guardian of the estate and person of Ruth B. Cooper, an alleged
incapacitated person, Ii the Court: shall 80 appoint.
FlU'ther, Amaryco Gua:rdiaX'l5hip Services hereby certifies that it is not a fidudary
of any estate in which Ruth B. Cooper has an interest, nor has AmilI}'CO Guardianship
Services any interest cw:rentIy adver.;e to the alleged wapacitated Pe!'!lOn"s.
Oated; 01/z4/02
~&7117~
./ Shaun O'Toole, Esq.
Amaryco Guardianship Services
70=
"
,JUl 2 5 2001 ~
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE MATTER OF
Ruth B. Cooper
An Alleged Incapacitated Person
ORPHANS' COURT DIVISION
No. ;; 1- 0;;>- U 1.,(,
ORDER
AND NOW, this
;2 (,. , day of
9~
.2002, upon
consideration of Messiah Village's Petition for Adjudication of Incapacity and
Appointment of an Emergency Guardian, it is hereby ORDERED and DECREED that
said motion is GRANTED, and Shaun O'Toole, Esq., dlbl a Amaryco Guardianship
Services, is appointed emergency guardian for Ruth B. Cooper for the next seventy-two
(72) hours, which period of time may be extended twenty (20) days upon the filing of a
petition for plenary guardianship, and is granted all powers necessary to insure Ruth B.
Cooper's continued health and financial well being.
BY THE COURT:
J<
PJ.
76200
Chadwick O. Bogar, Esq.
Latsha Davis & Yohe, P.e.
P.O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE MATTER OF
Ruth B. Cooper
An Alleged Incapacitated Person
ORPHANS' COURT DIVISION
No. 0> I - 0;:>- 1I1.1 (.
PRELIMINARY DECREE AWARDED - CITATION AWARDED-
EMERGENCY GUARDIAN
AND NOW, this d. & 1>'- day Of~. . 2002, upon
consideration of the attached Emergency Petition r A judlcation of IncapaCIty and
Appointment of a Guardian of the Person and Estate, it is hereby Ordered and Decreed
that:
1. A citation is awarded, directed to Ruth B. Cooper, to show cause why she
should not be adjudicated an incapacitated person and why an EMERGENCY
GUARDIAN of her person and estate should not be appointed; the hearing thereon to
be held in courtroom :3 . Cumberland County Courthouse, Carlisle, P A on
,.4-zL)1'.oO,f-r;- . 2002 at /,:}':3<.1 o'clock~.
2. Petitioner shall cause to be served (by personal service) the Citation with
Notice and Petition, pursuant to the Provisions of 20 Pa. e.S. 95511(a), upon the alleged
incapacitated person at least twenty four (24) hours prior to the court hearing for the
Emergency Guardianship. The contents and terms of the Citation with Notice and
Petition shall be read and explained to the maximum extent possible in language and
terms the alleged incapacitated is most likely to understand, in accordance with the
Provisions of 20 Pa. e.S. 95511(a). An affidavit of service containing specific averments
of the above requirements shall be presented at the beginning of the court hearing.
3. At least twenty four (24) hours prior notice of the court hearing together
with a copy of the Petition shall be given personally or by Federal Express Delivery to
all persons who are sui juris and who would be entitled to an intestate share in the
estate of the alleged incapacitated person, to the institution providing residential
services to the alleged incapacitated person, and to . In
accordance with 20 Pa. e.S. 95511(a). An affidavit of service containing specific
76201
,
averments of the above requirements shall be presented at the beginning of the court
hearing.
4. Petitioner or counsel shall notify the court, in writing, at least twenty four
(24) hours prior to the court hearing if counsel has not been retained on behalf of the
alleged incapacitated person in accordance with 20 Pac C.S. s5511(a). This notice shall
also contain all pertinent information which would indicate to the court whether or not
counsel should be appointed to represent the interests of the alleged incapacitated
person.
5. The alleged incapacitated person shall be present at the court hearing
unless it is established by clear and convincing medical evidence that her physical or
mental condition would be harmed by her presence in court in accordance with the
provisions of 20 Pac C.S. s5511(a).
BY THE COURT:
Ad
~~ E. HofFer P.
J.
Copy of the above mailed
,2002 to:
Chadwick O. Bogar, Esq.
.
r".-
,
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'..'~
76201
2
IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
CIVIL ACTION - INCAPACITY
IN RE: RUTH B. COOPER
An Alleged Incapacitated
No. 666-2002
PETITION FOR ADJUDICATION OF INCAPACITY
AND APPOINTMENT OF A PLENARY GUARDIAN
AND NOW, COMES, Messiah Home djbj a Messiah Village ("Messiah
Village"), by and through its attorneys, Latsha Davis & Yohe, P.c., and hereby petitions
for adjudication of incapacity and appointment of a plenary guardian of the estate and
person of Ruth B. Cooper and, in support thereof, represents as follows:
1. The name of the alleged incapacitated person is Ruth B. Cooper
2. Ruth B. Cooper is a widow, who is 93 years of age and currently resides at
Messiah Village, 100 Mt. Allen Drive, Mechanicsburg, PA 17055.
3. Petitioner, Messiah Village, a Pennsylvania non-profit corporation, is a
residential and long-term skilled nursing care provider, with offices located at 100 Mt.
Allen Drive, Mechanicsburg, PA 17055.
4. Upon information and belief, the name and address of Ruth B. Cooper's
only known adult heir is:
Ruth B. Cooper's son, John D. Cooper, 2600 Hoffer Street,
Harrisburg, PA 17103.
76243
5. Because of Ruth B. Cooper's complete incapacitation and inability to
handle her personal and financial affairs, a plenary guardian of her estate and person is
sought.
6. On or about July 22, 2002, Ruth B. Cooper's son, John D. Cooper,
conveyed that he is no longer willing to act as his mother's attorney-in-fact.
7. At present, Ruth B. Cooper does not have an agent or guardian to consent
to or reject the treatment and/ or care being rendered to her by Messiah Village.
S. If Ruth B. Cooper's health were to suddenly decline, or if she were to need
emergency care and/ or services, Messiah Village would be unable to render
appropriate care and/ or services to her because Ms. Cooper is incapacitated and,
therefore, unable to consent to medical treatment.
9. As of June 30,2002, the outstanding balance in Ruth B. Cooper's, account
with Messiah Village was approximately $15,017.69.
10. It has been represented by Ruth B. Cooper's former attorney-in-fact, John
D. Cooper, that Ms. Cooper neither possesses sufficient assets to pay Messiah Village
for the care and services which it has rendered, nor will render to her in the future.
11. On or about June 12, 2002, Messiah Village submitted an application for
Medical Assistance to the Cumberland County Assistance Office on Ruth B. Cooper's
behalf; however, her then attorney-in-fact, John D. Cooper, refused to make available to
76243
2
the Cumberland County Assistance Office on or before July 30, 2002, those documents
requested by the agency based on the privilege against self-incrimination.
12. If Ruth B. Cooper fails to provide to the Cumberland County Assistance
Office those documents requested by the agency, Ms. Cooper's application for medical
assistance will be denied
13. Based on Ruth B. Cooper's complete incapacitation and inability to
manager her affairs, Messiah Village filed an Emergency Petition for the Appointment
of Guardian of Ms. Cooper, which was granted on July 26, 2002.
14. It is believed that Ruth B. Cooper's incapacitation will continue beyond
the duration of the above-mentioned emergency guardianship.
15. Messiah Village has been in contact with Amaryco Guardianship Services,
a Pennsylvania organization located at 2813 North Second Street, Harrisburg,
Pennsylvania 17110, and it is willing to act as guardian of Ruth B. Cooper's, estate and
person for an initial fee of Four Hundred Dollars ($400.00) and, thereafter, a monthly
fee of One Hundred Dollars ($100.00).
16. Amaryco Guardianship Services is qualified to act as guardian over the
estate and person of Ruth B. Cooper by virtue of its familiarity and experience in acting
as guardian for individuals with diminished capacities such as Ruth B. Cooper.
17. Amaryco Guardianship Services has no interests which are adverse to
Ruth B. Cooper's.
76243
3
18. No advanced directives, wills or powers-of-attorney have been found
appointing a guardian for Ruth B. Cooper.
19. Upon information and belief, Ruth B. Cooper was neither member of the
armed forces, nor a recipient of Veterans Administration benefits.
20. No other Court within this Commonwealth, of which Messiah Village has
knowledge, has appointed a guardian for Ruth B. Cooper.
WHEREFORE, Petitioner, Messiah Home dlbl a Messiah Village, prays Ruth B.
Cooper be ordered to show cause, if any there be, why Ruth B. Cooper should not be
declared an incapacitated person and Shaun O'Toole, Esq., dlbl a Amaryco
Guardianship Services, appointed plenary guardian of her estate and person.
Respectfully submitted,
Dated: I J~"'I/Oz.
( (
LATSHA DAVIS&YOHE, P.c.
~~ c ~,
Chadwick O. Bogar
Attorney I. D. No. 83755
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Petitioner, Messiah Home dlbl a
Messiah Village
76243
4
07/29/2002,10:04 FAX 7177957690
07/29/2002 08:4S FAl 7177612286
,MESSIAH VILLAGE
IliI 02
~007
latBha.Davl.&Yohe
VERIFICATION
The undendgned hereby verifies that the statements of fact in the foregoing
doem:nent are true and correct to the best of my knowledge. i.n.fonwltion and belief. I
understand thAt any false statements therein are subject to the peual.tiell c:ontained In 18
Pa. C. S. S 4904, relating to un5wom falsification to authorities.
Dated: 7 I:J- 'i{ / c)'L.
(
JOM . Pinley, Vice President of
Resources and CFO, Messiah Home
d/bl II Messiah Village
76243
Shaun OTlDole
. U7/Z9/Z002 08:80 FAX 7177812288
(717)218.-121272 , 1217/29/1212 lZlS:89A
Latsba,Dav1s&Yobe
P.12I1212
I4!l007
CONSENT OF PROPOSED GUARDIAN
Amary~o Gu.arcIianship SeTVices does hereby ,ertify that it is willing to 'l,t as
plenary gu.ardian of the estate ancl person of Ruth B. Coopet, lU\ alleged incapacitated
person, if the Court shall so appoint.
Further, Arnaryoo Guardianship Services hereby certifles that it is not a fiduciary
of any estate in which Ruth B. Cooper has an lrltel"e!lt nor has Amaryco Guard.lanship
Services any interest wrrently adverse to the alleged in,apacitsted person's.
Dated; 0, /21 Jot.
~~~
./ Shaun O'Toole, Esq.
Amaryco Guudianship Services
70243
"--:--_.
.~.
IN RE:
RUTH B. COOPER
An Alleged Incapacitated
Person
c
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO~~-,w6~ORPHANS' COURT
1- f -01. - (,vb
ORDER OF COURT
AND NOW, July 30,2002, the August 5, 2002 hearing scheduled
in the above matter is continued to August 21, 2002, at 2:30 p.m. in
Courtroom 3; attorney for the petitioner to notify all interested parties.
'-
~ - Chadwick O. Bogar, Esquire
~; PO Box 825
. Harrisburg, Pa 17108-0825
( For Petitioner, Messiah Home
'\ d/b/a Messiah Village
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By the Court,
P.J.
1
Chadwick O. Bogar, Esq.
Latsha Davis & Yohe, P.e.
P.O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
CIVIL ACTION - INCAPACITY
IN RE: RUTH B. COOPER
An Alleged Incapacitated
No. 666-2002
PRELIMINARY DECREE AWARDED - CITATION AWARDED-
PLENARY GUARDIAN
AND NOW, this J {J"frr/ day of 2002, upon
consideration of the attached Petition for Adjudi tion f Incapacity and Appointment
of Plenary Guardian of the Person and Estate, it is hereby Ordered and Decreed that:
1. A citation is awarded, directed to Ruth B. Cooper to show cause why she
should not be adjudicated an incapacitated person and why a PLENARY GUARDIAN
of her person and estate should not be appointed; the hearing thereon to be held in
courtroom J , Cumberland County Courthouse, Carlisle, P A on
/1~, .J"'v .f-.~/ , 2002 at "Z ~ J c! o'clock -f2-'M.
2. Petitioner shall cause to be served (by personal service) the Citation with
Notice and Petition, pursuant to the Provisions of 20 Pa. e.S. 95511(a), upon the alleged
incapacitated person at least twenty (20) days prior to the court hearing for the Plenary
Guardianship. The contents and terms of the Citation with Notice and Petition shall be
read and explained to the maximum extent possible in language and terms the alleged
incapacitated is most likely to understand, in accordance with the Provisions of 20 Pa.
e.S.95511(a). An affidavit of service containing specific averments of the above
requirements shall be presented at the beginning of the court hearing.
3. At least twenty (20) days prior notice of the court hearing together with a
copy of the Petition shall be given personally or by first class mail to all persons who are
sui juris and who would be entitled to an intestate share in the estate of the alleged
incapacitated person, to the institution providing residential services to the alleged
incapacitated person, and to , in accordance with 20 Pa.
76240
\
c.s. ~551l(a). An affidavit of service containing specific averments of the above
requirements shall be presented at the beginning of the court hearing.
4. Petitioner or counsel shall notify the court, in writing, at least seven (7)
days prior to the court hearing if counsel has not been retained on behalf of the alleged
incapacitated person in accordance with 20 Pa. c.s. ~551l(a). This notice shall also
contain all pertinent information which would indicate to the court whether or not
counsel should be appointed to represent the interests of the alleged incapacitated
person.
5. The alleged incapacitated person shall be present at the court hearing
unless it is established by clear and convincing medical evidence that her physical or
mental condition would be harmed by her presence in court in accordance with the
provisions of 20 Pa. c.s. ~551l(a).
BY THE COURT:
J.
Copy of the above mailed
,2002 to:
Chadwick O. Bogar, Esq.
76240
2
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
MESSIAH HOME d/b I a
MESSIAH VILLAGE,
Petitioner
CJ
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v.
No. 2681-CV-2002-C\r:; .
-0
JOHN D. COOPER, III,
REBECCA COOPER, and
RUTH B. COOPER,
Respondents
r:;>
-< VI
CIVIL ACTION - EQUITY ILIJW
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes, Movant, Messiah Home d/bl a Messiah Village, and files
this motion to make rule absolute and, in support thereof, states:
1. On July 26, 2002, Messiah Home d/bl al Messiah Village ("Movant") filed
a petition for constructive trust.
2. On July 31, 2002, this Honorable Court directed the Respondents to show
cause within fifteen days of service why the relief requested by Movant in its petition
for constructive trust should not be granted.
3. On August 1, 2002, Movant served Respondents with the above-
referenced rule to show cause.
4. Respondents failed to show cause on or before August 16, 2002, why the
relief requested by Movant in its petition for constructive trust should not be granted.
76688
WHEREFORE, Movant, Messiah Home dlbl a Messiah Village, respectfully
requests that its petition for constructive trust be granted, and the proceeds from the
sale of the Respondents' residence located at 2600 Hoffer Street, Harrisburg, PA 17103,
be placed in constructive trust.
Respectfully submitted,
Dated: f'11"1 ( r5?
LATSHA DAVIS & YOHE, P.e.
?~~:'k;; no&,,:O,
Attorney J.D. No. 83755
P. O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
Attorneys for Plaintiff,
Messiah Home dlbl a Messiah Village
76688
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing Motion to Make Rule Absolute has been served by first-class United States
mail, postage prepaid, upon the following:
Tee Ulsh
Prudential Thompson Wood Realty
3815 Market Street
Camp Hill, PA 17011
John D. Cooper
cj 0 Richard F. Maffett, Jr., Esq.
2201 North Second Street
Harrisburg, PA 17110
Ruth B. Cooper
cj 0 Shaun O'Toole djbj a
Amaryco Guardianship Services
2813 North Second Street
Harrisburg, PA 17110
Rebecca Cooper
2600 Hoffer Street
Harrisburg, PA 17103
Smith B. Gephart, Esq.
Killian & Gephart
218 Pine Street
Harrisburg, PA 17103
Dated:
~r/o2-
i!::!!i!.:anoLb~
Legal Secretary
76688
~ut'y
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
MESSIAH HOME d/b/a
MESSIAH VILLAGE,
Petitioner
v.
No. 2681-CV-2002-CV
JOHN D. COOPER, III,
REBECCA COOPER, and
RUTH B. COOPER,
Respondents
CIVIL ACTION - EQUITY/LAW
ORDER
AND NOW, thi~O day of ~~ 2002, upon consideration of
Messiah Village's Petition for Constructive Trust, it is hereby ORDERED and DECREED
that said petition is GRANTED, and the proceeds from the sale of Respondents'
residence located at 2600 Hoffer Street, Pennsylvania 17103, shall be placed in
constructive trust with Smith B. Gephart, Esq., of the law firm of Killian & Gephart, as
trustee.
~UG '2 1 ?Jj'U1 _
I hsr:.':;Y c~or!;ly thzt ~~e !2r.~o\!1g ~
tru8 "::,, coo. nee,. CO"y ,,~,,' '.\'" O.rIg.
tiled. .
..jfp;iu:J c!.-. -{ r;yj:wJ.
prothbiiOt\ry
#A~~. ~
76688
/i)J 2 H lOUt ~
Chadwick O. Bogar, Esq.
Latsha Davis & Yohe, P.e.
P.O. Box 825
Harrisburg, PA 17108-0825
(717) 761-1880
IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
IN RE: RUTH B. COOPER
An Alleged Incapacitated
CIVIL ACTION - INCAPACITY
No. ~G !Mi "2. I - f) 2.. - f, ~~
FINAL DECREE - AD UDICATION OF TOTALLY INC PACITATED PERSON
NT OF P ENARY GU RDIAN
AND NOW, this 'LJ
,2002,
based upon the evidence received and the record, this Court finds, by clear and
convincing evidence, that Ruth B. Cooper is adjudged a totally incapacitated person. ~
" The Court finds that Ruth B. Cooper suffers from feV~ ~
,a condition or disability which totally impairs her capacity to
receive and evaluate information effectively and to make and communicate decisions
regarding the management of her financial affairs or to meet essential requirements for
her physical health and safety.
Shaun O'Toole, Esq., d/b/a Amaryco Guardianship Services is appointed
Permanent Guardian of the Person and Estate of Ruth B. Cooper. Bond is waived. The
Guardian shall file a report in compliance with 20 Pa. e.S. 5521(c) within ninety (90)
days of this report and annually thereafter.
The Guardian of the Estate shall be able to enter a safe deposit box in the name of
Ruth B. Cooper without prior Court authorization.
76237
The Guardian of the Person shall have the authority and responsibility to decide
where Ruth B. Cooper shall live and how meals, personal care, transportation and
recreation will be provided. The Guardian of the Person shall also have the authority to
authorize and consent to medical treatment and surgical procedures necessary for the
well being of Ruth B. Cooper. The Guardian of the Person and the Guardian of the
Estate, if not the same, shall cooperate to prepare a budget to cover the cost of
providing the aforementioned services to the person of Ruth B. Cooper.
The Guardian of the Estate shall have the authority and responsibility to manage
and use Ruth B. Cooper's property primarily for her benefit and secondarily for the
benefit of her legal dependents in accordance with 20 Pa. C.S.A. 5536(A). 20 Pa. C.S.A.
5536(A) authorizes the Guardian of the Estate to spend income for the aforesaid
purposes without the Court's written approval, and, pursuant to the Court's
determination that principal assets will have to be expended for Medicaid approval, the
Guardian of the Estate may also spend principal assets for the care and maintenance of
Ruth B. Cooper and to establish an appropriate burial reserve.
The aforementioned judicial determinations have taken into consideration the
matters required by 20 Pa. C.S.A. Section 5512.1. The Court's findings of fact and
conclusions of law have been placed on the record at the evidentiary hearing.
BY THE COURT:
J.
76237
2
v
,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 666-2002
IN RE: ESTATE OF RUTH B. COOPER
An Incapacitated Person
INITIAL REPORT OF SHAUN E. O'TOOLE, d/b/a AMARYCO GUARDIANSHIP SERVICES,
GUARDIAN OF THE ESTATE OF RUTH B. COOPER
As of August 21, 2002
(1) Shaun E. O'Toole, d/b/a Amaryco Guardianship Services ("Guardian") is the permanent
guardian of the Estate of Ruth B. Cooper ("Ms. Cooper"), an incapacitated person. Guardian was appointed
guardian by Order of the Court dated August 21, 2002, which has not been modified.
(2) Ms. Cooper is still living and resides at Messiah Village, a long-term nursing care facility
located at 100 Mt. Allen Drive, Mechanicsburg, Pennsylvania 17055.
(3) The initial Inventory ofthe principal of the Estate of Ms. Cooper, as of August 21,2002,
consists solely of cash in the amount of $3,403.04 and $49,088.46, representing the net proceeds from the
sale of Ms. Cooper's son John's home. By way of explaining the $49,088.46, at the time Ms. Cooper
entered Messiah Village, her son John was serving Ms. Cooper's agent under her Power of Attorney. It is
suspected that after Ms. Cooper entered Messiah Village, John Cooper fraudulently converted a large
portion of Ms. Cooper's estate for his personal use. Upon learning that John Cooper was selling his home,
Messiah Village, through its attorneys, Latsha, Davis and Y ohe, petitioned the Court of Common Pleas of
Dauphin County to place the net proceeds from the sale of the home in constructive trust. On August 20,
2002, the Court ordered the proceeds of the sale to be placed in constructive trust, with Smith B. Gephart,
Esquire at trustee. On or about September 6, 2002, the trustee received a check in the amount of
$49,088.46, representing the net sale proceeds from the sale of John Cooper's residence. The trustee has
since applied these funds toward the payment of the debts owed by Ms. Cooper at that time (see paragraph
7 below) and is now paying Ms. Cooper's living expenses with the balance.
(4) The present sources of income for Ms. Cooper are monthly social security payments of
$266.00, monthly pension payments of$500.00 and the interest generated from the investments set forth in the
Inventory.
(5) Ms. Cooper's regular monthly expenses include the cost for nursing care provided by Messiah
Village, which amount to about $4,900.00 a month and a $100.00 monthly guardianship service fee paid to
Guardian.
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(6) The Order of the Court authorizes Guardian to invade the principal ofthe Estate to provide for
the care and maintenance of Ms. Cooper.
(7) Due to the neglect and questionable financial dealings of Ms. Cooper's son John Cooper who
was serving as the agent under Ms. Cooper's Power of Attorney, as of August 21,2002, Ms. Cooper owed
Messiah Village $25,749.72 for nursing care provided by Messiah Village dating back to April, 2002. In
addition, Ms. Cooper was liable to Messiah Village for $7,230.54 in legal fees Messiah Village incurred in
filing suit against John Cooper and petitioning the Court of Common Pleas of Cumberland County, Orphans'
Court Division, for the appointment of a guardian of the estate and person of Ms. Cooper, all in an effort to
collect the amount owed to Messiah Village. Aside from these past debts and the expenses described in
paragraph 5, Guardian does not anticipate any extraordinary expenditures on behalf of Ms. Cooper in the next
twelve (12) months.
(8) Ms. Cooper's monthly social security benefits as well as her monthly pension payment are
deposited directly with Messiah Village and applied toward the cost of care provided to Mrs. Cooper.
(9) It is anticipated that within a few months, Ms. Cooper's estate will be depleted at which time
Guardian will apply for Medical Assistance to provide for the cost of Ms. Cooper's stay at Messiah Village.
Ms. Cooper's eligibility for Medical Assistance is questionable in light ofthe questionable financial dealings
of Ms. Cooper's son John while serving as the agent under Ms. Cooper's Power of Attorney. Otherwise,
Guardian has no concerns about Ms. Cooper's physical or mental well being or her finances.
(10) Guardian is the guardian of Ms. Cooper's person and has herewith filed a separate Report in
such capacity.
I certify that the information contained in this Initial Report are true and correct to the best of my
knowledge, information, and belief.
AMARYCO GUARDIANSHIP SERVICES
Date: 12/05/02
By: ~ t, (j\\)~~
~haun E. O'Toole, President
2
.
...
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 666-2002
IN RE: ESTATE OF RUTH B. COOPER
An Incapacitated Person
INITIAL REPORT OF SHAUN E. O'TOOLE,
d/b/a AMARYCO GUARDIANSHIP SERVICES,
GUARDIAN OF THE PERSON OF RUTH B. COOPER
As of August 21, 2002
(1) Appointment of Guardian: Shaun E. O'Toole, d/b/a Amaryco Guardianship
Services, ("Guardian) is the permanent guardian ofthe Person of Ruth B. Cooper ("Mrs.
Cooper"), an incapacitated person. Guardian was appointed guardian of the person of Mrs.
Cooper by Order of this Honorable Court dated August 21, 2002, which has not been
modified.
(2) Current Address and Type of Placement: Mrs. Cooper resides at Messiah
Village, a residential and long-term nursing care facility located at 100 Mt. Allen Drive,
Mechanicsburg, Pennsylvania 17055.
(3) Major Medical or Mental Problems: Mrs. Cooper suffers from sever cognitive
impairments and dementia. Mrs. Cooper is confined to a wheelchair. On or about August
21, 2002, Mrs. Cooper fell out of bed, apparently while reaching for a picture. It was later
discovered that Mrs. Cooper's finger was fractured, in all likelihood during the fall. She was
given a pain killer for the pain and visited an orthopedic surgeon.
Mrs. Coopr is able to converse and adequately express her thoughts. However, she is
undoubtedly confused, and unable to process basic thought. She is not oriented to time and
usually not place. Mrs. Cooper's son John had served as Mrs. Cooper's agent under a Power
of Attorney and in such capacity converted a large portion of Mrs. Cooper's estate toward his
own personal use. Since doing so, John has more or less abandoned his mother. Mrs. Cooper
is not aware of what John has done and does not understand why he does not come to visit
her anymore. Mrs. Cooper does suspect that John has done something wrong, and, when the
subject is brought up, seems very troubled by this situation. However, it does not appear that
Mrs. Cooper swells on the matter and only discusses it when the issue to brought to her
attention. Mrs. Cooper is awake and alert, has a pleasant demeanor and is usually
cooperative with the care providers. Although Mrs. Cooper is usually cheerful, on occasion
she becomes agitated and some times depressed.
1
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(4) Description of Living Arrangements and Healthcare Services: Mrs. Cooper
resides in a semi-private room in the continuing care community at Messiah Village. Around
the clock nursing care is available to Mrs. Cooper, and she is examined by her tending physician
on a monthly basis. Mrs. Cooper is visited at least twice a month by local social services and
about once a month by an in-house psychiatrist. The staff of Rydal Park meets quarterly to
discuss and evaluate Mrs. Cooper's care. Messiah Village provides numerous activities for its
residents, and Mrs. Cooper is quite active in these. She is particularly fond of the
intergenerational programs involving children and the musical activities. Although Mrs.
Cooper's son John does not visit his mother anymore (paragraph 3 above), her niece, Carol
Miller, lives nearby in Dillsburg, Pennsylvania, and is dutiful in visiting her aunt.
(5) Modification of Guardianship: It is the opinion of the guardian that the
guardianship should continue and not be modified.
(6) Visits by Guardian: Guardian has met with Mrs. Cooper at Messiah Village on
August 6, 2002, and met with Mrs. Cooper, her sister and her niece at Messiah Village on August
20,2002. Guardian met Janet Paull, a social worker with the Cumberland County Area Agency
on Aging on September 23,2002 to discuss the financial dealings of John Cooper while serving
as Agent under his mother's Power of Attorney. Guardian has had a number of telephone call
with nurses and social workers at Messiah Village (August 8; August 27; August 28; and
September 4) to discuss Mrs. Cooper's progress and discuss her ailments, changes in medication,
etc. Guardian has also had numerous telephone conversations with Mrs. Cooper's niece, Carol
Miller, to discuss Mrs. Cooper's well-being.
I certify that the information contained in this Initial Report are true and correct to the
best of my knowledge, information, and belief.
GUARDIAN GUARDIANSHIP SERVICES
Date:
lL 105/02
By: ~~,~
~haun E. O'Toole, President
2
IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
CIVIL ACTION - INCAPACITY
IN RE: RUTH B. COOPER
An Alleged Incapacitated
No. 666-2002
AFFIDAVIT OF SERVICE
The undersigned, Kimberly Donahue, having been duly sworn according to law,
hereby states that I have served, via certified mail, the Citation with Notice and Petition
for Adjudication of Incapacity and Appointment of a Guardian pursuant to the
Provisions of 20 Pa. C.S. s5511(a), upon John D. Cooper, on August 6, 2002.
Date ~V/O 2.-->
~';~
~er y nahue
Sworn to and Subscribed
before me this d 0#1
day of August 2002.
~LfY) ~~b0
Notary Public
(SEAL)
Notarial Seal
Janel M. Deibert. Notary Public
Lower Allen Twp.. Cumberland County
My Commission Expires Dec. 6, 2004
~ PETITIONER'S
.
I EXHIBIT
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July 17, 2002
Messiah Village
1.00 Mt. Allen Drive
Mechanicsburg, PA 17055-2015
,.\
RE: Ruth Cooper
Dear Sirs:
This letter is to provide notice that, effective
immediately, I renounce the Power of Attorney which I had been
granted by Ruth Cooper, and will take no further action on her
behalf.
s~r;y,
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ORIGINAL
IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
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IN RE: RUTH B. COOPER,
An Alleged Incapacitated
CIVIL ACTION-INCAPACITY
NO. 666-2002
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Deposition of: LAWRENCE B. ZIMMERMAN, M.D.
9
Taken by: Petitioner
Before: Rebecca Toner, R.P.R.
Court Reporter-Notary Public
Date:
August 12, 2002, 8:16 a.m.
Place:
Messiah Village
100 Mt. Allen Drive
Mechanicsburg, Pennsylvania
19 APPEARANCES:
20 LATSHA, DAVIS & YOHE, P.C.
BY: CHADWICK O. BOGAR, ESQUIRE
21 FOR - PETITIONER
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00-863-3657 . 717.258-3657 . 717-258-0383 fax
courtreporters4u@aoLcom
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DEPONENT
INDEX TO TESTIMONY
EXAMINATION
Lawrence B. Zimmerman, M.D.
NO. DESCRIPTION
(None. )
By Mr. Bogar
INDEX TO EXHIBITS
PAGE
3
MARKED
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LAWRENCE B. ZIMMERMAN, M.D., called as a
witness, being duly sworn, was examined and testified
3 as follows:
4
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MR. BOGAR: Good morning, Doctor. My name
is Chad Bogar.
I'm an attorney with Latsha, Davis &
7 Yohe. As you may recall, Latsha, Davis & Yohe serves
8 as general counsel to Messiah Village.
9 We're here to take your deposition in aid of
10 Messiah Village's petition for an adjudication of
11 incapacity and appointment of a guardian for Ruth
12 Cooper.
1 3
14 BY MR. BOGAR:
EXAMINATION
1 5
Q.
Doctor, just briefly, what is your name and
16 professional address?
1 7
A.
Lawrence Zimmerman. The address is 108
18 Lowther street, Lemoyne, Pennsylvania 17043.
19 Q. Dr. Zimmerman, please describe your
20 education, training and background with particular
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emphasis on your expertise in evaluating individuals
with incapacities.
A. I received my college degree at Shippensburg
University and received my medical degree at Penn state
University at Hershey Medical Center.
.
.
.
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And then I did an internal medicine
residency and then subsequently did a fellowship in
geriatric medicine. And I've practiced since 1982.
Q.
Just briefly, concerning your qualifications
5 and training with respect to evaluating persons with
6 incapacities, could you just describe that for us?
7
A.
I do have a specialty in geriatric medicine
8 and have seen numerous patients with demential
9 illnesses and have done a number of previous
10 depositions concerning mental status and competency.
11
So you've acted as an expert witness in
Q.
12 matters similar to this on numerous prior occasions;
13
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that would be safe to say?
A.
That's correct.
Q.
Dr. Zimmerman, in which states are you
16 licensed to practice medicine?
17
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A.
Q.
Pennsylvania.
Dr. Zimmerman, would you please describe
19 your professional relationship, if any, with Messiah
20 Village?
21
22
A.
I'm the medical director of Messiah Village.
And, Doctor, in your capacity as the medical
Q.
23 director of Messiah Village, have you had the
24 opportunity to meet with, examine, speak with and
25
otherwise become acquainted with Ruth B. Cooper; and if
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so, upon what occasions and in what fashion have you
been able to do so?
A. She is our patient, although I met her today
and evaluated her today. Some of the other physicians
in our group have seen her in the past.
Q. SO since Ms. Cooper has been a resident of
Messiah Village's skilled nursing care facility, your
group has been in charge of her care, if you will?
A. That's correct.
10 Q. Since when has that been?
11 A. I'm trying to figure out when she first got
12 here. It looks like the 23rd of July 2001 was her
admission to Messiah.
Q.
And since that time, your practice group,
15 which I believe you're in charge of, has been, just for
16 clarity, overseeing her care here at Messiah Village?
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A.
That's correct.
And in preparation of today's deposition,
Q.
did you review the notes of your colleagues?
A. I have, yes.
Q.
Dr. Zimmerman, would you please describe the
type and severity of any impairments of Ms. Cooper?
A. I think Ms. Cooper has severe cognitive
impairments on the basis of previous strokes.
Back on the 1st of August, we did a
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mini-mental state, which is a standardized mental
status examination, and she scored 13 out of 30, which
3 indicates severe impairment.
4 And then I repeated that today, and she
5 scored 12 out of 30, again indicating severe
6 impairment.
7 And most of her impairments come with the
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orientation questions.
She didn't know the month or
the year.
She didn't know the season.
She didn't even remember the name of the
11 facility that she's residing in. She couldn't even
12 remember the state, although she did remember that she
1 3
was born in Pennsylvania. She actually remembered
14 where she was born and that she was a registered nurse.
15 And on the memory phrase, she couldn't
16 remember any of the words, had difficulty spelling
world backwards.
So she has pretty significant
18 impairment.
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In addition, she does have some physical
impairments in that she really can't ambulate
independently.
She can't really do her basic ADLs
without assistance, such as dressing and bathing.
She certainly wouldn't be able to cook or
prepare meals for herself.
Q.
Dr. Zimmerman, to a reasonable degree of
.
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medical certainty, do you have an opinion as to whether
the ability of Ms. Cooper to receive and evaluate
3 information effectively and to communicate decisions is
4 in any way impaired to such a significant extent that
5 she is partially unable to manage her financial affairs
6 or totally unable to manage her financial affairs?
A.
I believe that she's totally unable to
manage her financial affairs.
Q. Okay.
A. Do you want me to elaborate on that?
Q.
A.
Please.
In that, one, because of her severe memory
impairment; and, two, I asked her if she had a checking
account and if she did, what bank she had it with, and
she didn't even know whether she had a checking
account.
I asked her if she had a will, and she said
that she did. But she didn't seem to know who was the
benefactor of that will.
Q. Dr. Zimmerman, to a reasonable degree of
medical certainty, do you have an opinion as to whether
the ability of Ms. Cooper to receive and evaluate
information effectively and to communicate decisions is
in any way impaired to such a significant extent that
she is partially unable to manage her personal affairs
.
.
.
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or totally unable to manage her personal affairs?
A. Again, I think she's totally unable to
3 manage her personal affairs in citing the previous
4 evidence of her severe memory and cognitive deficits.
5
Q.
Dr. Zimmerman, is the condition of Ms.
6 Cooper such that would make her susceptible to being
7 taken advantage of by unscrupulous or designing
8
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persons?
A.
I think she could easily be taken advantage
10 of by designing persons.
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And that's based upon your previous
Q.
responses?
A. My previous responses, yes.
Q.
Dr. Zimmerman, what recommendations would
15 you make concerning the management of the financial
16 affairs of Ms. Cooper?
A.
I think she certainly would need a guardian.
And is it your understanding that her
Q.
19 attorney-in~fact, a Mr. Cooper, who is also her son,
20 recently resigned as attorney-in-fact?
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A.
That's my understanding, yes.
Dr. Zimmerman, what recommendations would
Q.
23 you make concerning the management of Ms. Cooper's
24 personal affairs?
25
A.
Again, I think she would need a guardian.
.
.
.
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Q. And, again, that's based upon your previous
responses?
A.
Q.
That's correct.
Dr. Zimmerman, what recommendations would
5 you make concerning the development or regaining, if
6 any, of the physical or mental abilities of Ms. Cooper?
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A.
I think she has an irreversible process, so
I don't think that she would regain any significant
cognitive skills or ability to care for herself.
Q. Dr. Zimmerman, would less restrictive
alternatives be appropriate in this matter?
A. At this point in time, I think she's at the
appropriate level of care.
Q. And in terms of the appointment of a
15 guardian, could you see anything less restrictive than
16 that?
A.
No.
Q. Dr. Zimmerman, what is the probability that
the extent of the incapacities that Ms. Cooper has may
significantly decrease or change? And I think you
answered this, but just...
A. Yeah. I would say that there's very little
probability that there would be any change.
If anything, there would probably be
deterioration and decline. But as far as improvement,
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I think there's very little probability of improvement.
Q. Dr. Zimmerman, would the physical and mental
condition of Ms. Cooper be harmed by her presence in
open court on August 21st of this year?
A. I think there's a reasonable possibility
that if she was present in court, she wouldn't really
understand what was going on and could easily become
agitated by the experience.
Q. And that agitation could quite possibly
affect her mental condition?
A.
Yes.
It could be detrimental to her.
Q.
And I believe you had said this, but
concerning her participation in court, is it your
14 opinion that that participation would not be
15 meaningful?
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A.
I don't think it would be.
I think, one,
17 she's very hard-of-hearing and she also has difficulty
18 seeing, but also her mental capacity is such that I
19 don't think there would be any meaningful
20 participation.
21
Q.
And I believe you have said this, but just
22 for the Court's sake, Dr. Zimmerman, what is your
23 recommendation regarding Ms. Cooper's participation in
24 the upcoming court proceeding?
.
25
A.
I would recommend against her being present.
11
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1
Q. Dr. Zimmerman, is your testimony contingent
2
upon the outcome of this matter in any way?
3
A.
No.
Dr. Zimmerman, do you have any conflict of
5 interest with any of Ms. Cooper's affairs?
4
Q.
No.
Dr. Zimmerman, are you familiar with Amaryco
8 Guardianship Services?
6
A.
No, I'm not.
And, therefore, you have no reason to
11 believe that it would be unfit to manage Ms. Cooper's
7
Q.
12 personal and financial affairs?
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A.
I have no reason to believe that.
MR. BOGAR: Doctor, I'd like to thank you
15 for participating in today's deposition, and that's all
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Q.
(Whereupon, the deposition was concluded at
8:27 a.m.)
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A.
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16 I have.
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2
COMMONWEALTH OF PENNSYLVANIA )
) SS.
COUNTY OF CUMBERLAND )
3 I, REBECCA TONER, R.P.R., a Court
4 Reporter-Notary Public authorized to administer oaths
5 and take depositions in the trial of causes, and having
6 an office in Mt. Holly Springs, Pennsylvania, do hereby
7 certify that the foregoing is the testimony of LAWRENCE
8 B. ZIMMERMAN, M.D.
9 I further certify that before the taking of
10 said deposition the witness was duly sworn; that the
11 questions and answers were taken down stenotype by the
12 said Reporter-Notary, approved and agreed to, and
13
afterwards reduced to computer printout under the
14 direction of said Reporter.
15 I further certify that the proceedings and
16 evidence are contained fully and accurately in the
17 notes taken by me on the within deposition, and that
18 this copy is a correct transcript of the same.
19 In testimony whereof, I have hereunto
20 inscribed my hand this 14th day of August, 2002.
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NOTARIAL SEAL
s~~.
My CommIUlon ~ 7. 2003
~TttU
Notary Public