HomeMy WebLinkAbout09-27-05
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IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
IN RE: BARBARA SALIARIS
O.C. No. 2 \ - OS - aSS 2...
FINAL DECREE
AND NOW, this
day of
,2005, it is hereby
ORDERED that Niki Ritter, agent in fact for Barbara Saliaris is directed to file a full and
complete accounting of all transactions undertaken by her with respect to the transfer
and redemption of Capital Life Insurance, Wachovia Securities, and Mellon Investor
Services IRA accounts of Barbara Saliaris from July 1, 2003 to August 1, 2005 in the
amount of $82,366.69, and to turn over $37,028.64 of said proceeds from any transfer
and/ or redemption to the Pennsylvania Office of Inspector General no later than
,2005.
BY THE COURT:
J.
ty
Rr-CEl'.,'cn C'~o ') ,.. "DOS
I::' , . ,-.J "...., ... , .. ~
IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
IN RE: BARBARA SALIARIS
O.c. No. ~l- 05 - 0652
AND NOW, this
\ ~t
PRELIMINARY DECREE
o c..t oL ()
day of
,2005, upon
consideration of the annexed petition, a citation is issued directed to Niki Ritter to show
cause, if any there be, why an Order should not be entered requiring her to file a full
and complete accounting of all transactions undertaken by her with respect to the
redemption and/ or transfer of Capital Life Insurance, Wachovia Securities, and Mellon
Investor Services IRA accounts, of Barbara Saliaris from July 1, 2003 to August 1,2005 in
the amount of $82,366.69, and to turn over $37,028.64 of said proceeds fr~~~e
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Citation returnable
2..0
days from the date of service.
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transactions to the Pennsylvania Office of Inspector General.
A copy of the petition shall be served with the citation.
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IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
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IN RE: BARBARA SALIARIS
O.c. No.
'2 \ -oc; - 0<26 L'J
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PETITION FOR ACCOUNTING AND TURN OVER OF ASSETS i
AND NOW, COMES, Petitioner, HCR ManorCare- Carlisle
("ManorCare"), by and through its attorneys, SCHUTJER BOGAR LLC, and files the within
Petition against Defendant, Niki Ritter ("Ritter") and in support thereof, provides as
follows:
1.
Barbara Saliaris was admitted as a resident of ManorCare, a skilled
nursing facility, on August 12, 2003.
2. Upon information and belief, Niki Ritter was Ms. Saliaris's agent in fact
pursuant to a Power of Attorney.
3. At all times relevant hereto, Ms. Ritter exercised control of Ms. Saliaris's
income and other funds in her capacity as agent in fact for Ms. Saliaris.
4. On October 23, 2003, Ms. Saliaris, through her agent in fact, Ms. Ritter,
applied for Medicaid benefits with the Pennsylvania Department of Public Welfare.
5. As a condition of eligibility for said Medicaid benefits, Ms. Saliaris and her
agent in fact were required to disclose any and all of Ms. Saliaris's financial assets and
resources to the Department of Public Welfare.
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6. On February 3, 2004, based on the information provided to it on the
application, the Department of Public Welfare determined Ms. Saliaris eligible for
Medicaid benefits while she was a resident of ManorCare. A true and correct copy of
the PA-162 issued by the Pennsylvania Department of Public Welfare granting such
benefits is attached hereto as Exhibit" A".
7. The PA-162 grant required Ms. Ritter and Ms. Saliaris to report any
changes that would impact Ms. Saliaris's continued eligibility.
8. On or about July 8, 2005, the Pennsylvania Office of Inspector General,
working with the Department of Public Welfare, discovered previously undisclosed
assets of Ms. Saliaris that, if known at the time of application, would have impacted her
eligibility for benefits. Said Assets include to wit: proceeds from transfer and/ or
redemption of Capital Life Insurance, Wachovia Securities, and Mellon Investor
Services IRA accounts in the amount of $82,366.69. A true and correct copy of the letter
issued by the Pennsylvania Office of Inspector General notifying Ritter of its claim is
attached hereto as Exhibit "B."
9. As a result of the aforementioned undisclosed assets, the Department of
Public Welfare rendered Ms. Saliaris ineligible for all benefits received from October 1,
2003 through August 30, 2004, an overpayment equal to $37,028.64.
10. Ms. Saliaris, to date, continues to reside at ManorCare.
11. If Ms. Ritter does not remit to the Office of Inspector General the aforesaid
$37,028.64, Ms. Saliaris will be disqualified from receiving additional Medicaid benefits
for her continued stay at ManorCare.
2
12. Upon information and belief, Ms. Ritter received some or all of Ms.
Saliaris's aforementioned assets.
WHEREFORE, Petitioner requests that this Honorable Court issue a citation
directed to Ms. Ritter to show cause, if any there be, why an Order should not be
entered requiring her to file a full and complete accounting of all transactions
undertaken by her with respect to the redemption and/ or transfer of Capital Life
Insurance, Wachovia Securities, and Mellon Investor Services IRA accounts, of Barbara
Saliaris from July I, 2003 to August I, 2005 in the amount of $82,366.69, and to turn over
$37,028.64 of said proceeds from the transactions to the Pennsylvania Office of Inspector
General.
Respectfully submitted,
SCHUTJER BOGAR LLC
Dated: ~ - ;l v- as
By:
Cha . oar
At rney J.D. No. 83755
W. Scott Foster
Attorney J.D. No. 90266
441 Friendship Road, Suite 102
Harrisburg, PA 17111
(717) 909-5924
Attorneys for Petitioner
3
Hx lJ.ate/Time AUG-18-2UU5(THU) 11:11
A.u~ 18 05 12:28p A. E. Bo~ne
''1V II\"C I V At"I"'L8~AN I
717
249 Ub39
717-249-0639
1-800-269-0173 717-240-2700
DEPARTMENT OF PUBLIC WELFARE
CUMBERLAND COUNTY ASSISTANCE OFFICE
33 WESTMINSTER DRIVE
P. O. BOX 599
CARLISLE. PA 17013-0599
P. U 1 5
p.15
Stouffer
BENEFIT
O ASSISTANCE
CHECK
ELIGIBLE EL~JLE PENDING
IYI MEDICAL
= ASSISTANCE
x
Afler the first checK whicn may be a special amount you WOI receive $
o Twice a Monln 0 Once a Monlll 0 In Ihe Mall 0 At lIle Bank
o You have a pallenl pay liability of $
for lIle period beginning
and ending
Effecllve Oale
1t.'YJ J03
O FOOD
STAMPS
Yau will receive $
a month lrom
for tile momn(s) 01 lhen you will receive food stamps in lne amount of $
to 0 In the Mail 0 At the Bank
~ GROSS ul1LIn' COSTSiUTfl!TY STA"JOA~O* $.
REiIlTlMORTGAGE $
TAXeS $
INSURANCE COST ON HOME $
TOTAL SHELTER COST $
"The household may switch between the actual utility costs and the
standard utility al!owanci7 at the time of reapplication and one
additional time during each twelve-month period.
Level of care authorized
. montn loward your care.
MEO. SOC.
ASST. SeRVICE
ASST. FooO MED. SOC.
CHECK STAMPS ASST. SERVICE
'Name
Name
$
$
$
Name
Name
$
$
$
TOTAL GROSS MONTHL V INCOME
GROSS MONTHLY DEPENDENT CARE COSTS
GROSS MEDICAL COSTS
$
$
$
TOTAL GROSS MONTHLY INCOME
GROSS MONTHLY DEPENDENT CARE COSTS
$
$
Telephone
Electric
Gas
Oil
Water/Sewage
Garbage/Trash
Utility Installation
Other
D MEDICAL ASSISTANCE
Name
$
$
$
Name
$
$
$
TOTAL GROSS MONTHLY INCOME
NET MONTI-lL Y INCOMElNET SEMI-ANNUAL INCOME
I INCOME UMfT
CO
RECORD NUMBER
DIST
dn(-r7,t j k d:ltL:lCe
WOliter. Signature
Telephone Number
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DSle
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21
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BA-RB4/fA .94l/ARIS;
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{'arl.6!e- PA 17013
LEGAL HELP IS AVAILABLE AT
L
LEGAL SERVICES, INC.
a IRVINE ROW
CARLISLE, PA 17013.3019
717-243-9400 717-766-8475
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If you do not understand our deCision or have any questions, contact your worker.
CUENT COpy
I{x pate/Time AUG-18-2UU5ITHU) 11:11
~ug 18 05 12:29p A. E. Bo~ne Stouffer
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717249 Ub39
717-249-0639
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RECORD NUMBER qq /(;1{
INITIAL
GROSS 55
to )03
Ho/rR
751.(){)
JSllo3 01 10'1
HO/n HO/YR
167.t)() 7(c7f){)
3~J. 31 3~i. ~
Qu 6.
JOTd.31 /r),?/.39
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107:),::1 I tJj?.31
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i Ol./:1, 31 .I{)5Y.31
-'-(i7iiiIofC '.. ~~/.;1
.. :S"'!J,-I--lm~(iic".4>I'hIt. l/3i.3;;/J
io::/.5K/.vi:, 91(}.$ X'I lllilS.
TOTAL ~S5 UNEARNED i 5/0.71
ESTIMATED INTEREST
o
TOTAL INCOME USED
..
i5IC.v7/
- PERSONAL CARE
ALLOWANCE
..30../)0
- COMMUNITY SPOUSE/
HOME MAINTENANCE
o
GRoss PATIENT PAY (53)
14.10. i71
- MEDICAL EXPENSES
(See below)
o
LESS MEDICAL EXPENSES PAID MONTHLY
NET PAT.IENT PAY {57)
It../gO.7f
MEDIC~ EXPENSES LISTED
HO/YR
MO IYR
NO~: Future daaqa in meda e~
should be ~ed to tbe Nuniul F.dUty.
DRUGS (54)
MEDICARE (55)
BC/BS/OTHER MEDICAL INS (55)
OTHER MEDICAL (56)
o
o
MONTHLY TOTAL
rl~d OJ k'. <:bIaoUJ
SIGNATURE
tl.-/
13/01
DATE
REMINDER:
."----"
The resource limit iS~/$2400.
See attached Addendum
Rx OatelTime AUG-!9-2005(FRI) 13:51
'AUG. 19. 2005 2: 56PM
P. 002
NO. 0133 p, 2
~
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF INSPECTOR GENERAL
July 8, 2005
Niki Ritter
RR 2 Box 33-5
Loysville, Pennsylvania 17047
BUREAU OF FRAU D PREVENTION AND PROSECUTION
POST OFFICE BOX 8041
HARRISBURG, PENNSYlVANIA 17105.8041
(717) n2-4935
RE: DPW # 21-0099164
Name: Barbara Saliaris
Claim: $37,028.64
Dear Ms. Ritter:
The Office of Inspector General has established a claim for incorrectly paid Medical
Assistance Benefits for Barbara Saliaris. This claim resulted from Barbara Saliaris'
unreported ownership and subsequent transfer of Capital Life Insurance, Wachovia
Securities and Mellon Investor Services IRA accounts. The enclosed computation sheets
show how the Office of Inspector General calculated the claim.
Ms. Saliaris was authorized to receive Medical Assistance Benefits on October 1,
2003. To be eligible to receive benefits it is required that all resources and income be
disclosed when applying for and while receiving Medical Assistance. On July 2. 20031
Wachovia Securities IRA #OUZ-R04419-36 was valued at $30,478.42; and Wachovia
Securities IRA #OUZ-ROO812-36 was valued at $14,458.77. On July 3,2003, Capitol Life
Insurance Company IRA #Cl131 073 was valued at $12,192.93 and Capitol Life Insurance
Company IRA #CI09904S6 was valued at $14,458.77. On May 19,2004, Mellon Investor
Services #OOl-750-S6501RIO was valued at $7,049.04. The surrender and transfer of these
accounts totaled $82,366.69, which resulted in a 14-month period of ineligibility that caused
Ms. Saliaris to be ineligible for all benefits received from October 1, 2003 through August
30, 2004.
The total amount of benefits paid on behalf of Ms. Saliaris during the period of
ineligibility was $37,028.64. As the amount of Medical Assistance was less than the amount
of resources, our claim is for the amount of benefits paid on her behalf.
The legal authority for seeking restitution for the amount of Medical Assistance
paid by the Department of Public Welfare during the period in question can be found at
62 P.S. 1408 (c)(6)(i) which states the following:
Rx Date/T i me AUG-] 9-2005 (FR 1) 13: 51
AUG. 19.2005 2:56PM
P.003
NO.0133 P.3
Niki Ritter
~2.
July 8, 2005
"If it is found that a recipient Or member of her/his family or household
who would have been ineligible for medical assistance, possessed unreported
real or personal property in excess of the amount permitted by law, the amount
collectible shall be limited to an amount equal to the market value of such
unreported property Or the amount of medical assistance granted during the
period it was held up to the date of the unreported excess real or personal
property is identified, whichever is less. Repayment of the overpayment shall
be sought from the recipient, the person receiving or holding such property,
the recipient's estate and/or the survivors benefiting from receiving such
property. Proof of date of acquisition of such property must be provided by
the recipient Or person acting on herlhis behalf. , ."
Please make your check or money order in the amount of $37,028.64 payable to the
Commonwealth of Pennsylvania and forward it to my attention. A self-addressed envelope
has been enclosed for your convenience. Please be sure to have the DPW case identification
number, 21-0099164, written on your payment. Payment is expected within 20 days from
the date of this letter.
If you do not agree with this overpayment, you have the right to appeal and request a
fair hearing. To appeal, see the page titled "Your Right to Appeal and to Request a Fair
. Hearing."
If you have any questions or would like to set up a conference, I may be reached in
Harrisburg at (717) 705-4638.
Enclosures
Rx QatelT i me
'AUG. 19.2005
RUG-19-2005(FRI) 13:51
2:56PM
P. ODd
NO.0133
p, 4
YOUR RIGHT TO
APPEAL AND TO
REQUEST A FAIR
HEARING
co,
~ORn NO.
CLAIM NO.
DATE OF LETrER
7/8/05
21
0099164
01
You lIS a medical assistance recipient, or you acting on behalf of a medical assistance recipient, haYe the right to appeal and tequest a fair
bearing. You may use this form Or can me at (717) 705-4638 to appeal. You rnnst appeal this overpayment claim in writing within 30
days from the date of this letter or your appeal will not be accepted. If you call to appeal, you must also submit a written request to this
office within 3 work days of the calL
At the hearing, you may explain why you disagree with this OVerpayment
claim. You may present evidence and witnesses on your behalf. You
may represent yourself or have an attorney represent you. If you cannot
afford an attorney and you qualify, free legal help may be aVailable at the
address lisred in the block on the right.
Legal Service Inc.
8 hvine Row
Carlisle, PA 17013
(717) 243-9400
HOW TO SUBMIT A WRITTEN RE lUEST TO APPEAL AND ASKJrOR A FAIR HEARING:
1. Explain why you are appealing. 2. Sign and date this appeal and fair hearing request form.
1 am appealing and Want a fair hearing because:
- lOUR :)fUNAJ UKb
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Al1'UoKN.tS1' oS .SJ(J1'IA.& ub W' ONb ~ KBPKr.:Sb.N"l~u YOU)
1)AU:~ AIIUKNJ:\~':J lhJ,J;,ti'HONbNVMlSbM.
3. You may choose the type of fair hearing you want from the following.
You may have cithex- a telephone or face-to-face hearing. If you wanr a telephone hearing but do not have a telephone and cannot get
one, we will SChedule the telephone hearing at your local county assistance office. If you want a face-to.face hearing, we will schedule
One for you at One of the follOWing cities: Erie, Harrisburg, Philadelphia, Pittsburgh, Reading, or Scranton.
0 I want a face-to-face hearing.
0 I want a telephone hearing. Call me at
0 I need an interpreter. What language do you speak?
4. ~ this form to: Office 01 Inspector General
BFPP, Centx'aI ~egional Office
Attention: Jana l\:(. Parsons
101 S. Second St.
P.O. Box 8041
Harrisburg, PA 1710S~8041
orG 614 . 9/03 .
Rx. Oate/T i me
AUG. 19. 2005
RUG-!9-2005(FRI) 13:51
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P. 005
NO, 0133 p, 6
;
Office of Inspector General
Long Tenn Care Transfer Computation
Case Name: (Last, Fitst MI)
Saliarls, Barbara
CoJRecordlCat:
21.0099164lPJN
MA Authorization Date: October I, 2003
Nursing FacilitylWaiver Program:
Manor Care Carlisle
MA Closing Date:
IMCW Name:
Holly Vogelsong
Asset Descri_Jttion Transfer Date Equlty Value
Capitolllie Insurance Co. July 8, 2003 $12,192.93
Capitolllie Insurance Co. July 8, 2003 $18,187.53
Wachovia Securities July 2,2003 $30,478.42
Wachovia Securities July 2, 2003 $14,458.77
Mellon Investor Services May 19,2004 $7,049.04
Total Equity Value:
$82,366.69
Average Private Pay Rate at Application: $5,559.25
Ineligible Months: 14
Ineligible Period Begin:
July 1,2003
Ineligible Period End:
August 30, 2004
Claim. Period Begin:
October 1, 2003
Claim Period End:
August 30, 2004
Total MA Paid:
Total Equity Value ot Asset:
$37,028.64
$82,366.69
Claim AmouDt:
$37,028.64
Agent Name:
Agent Signature:
Date:
OIG 612.4. 3/03
.
. SCHUTdER I BOGAR LLC
attorneys & comultants
Email:
Direct Dial:
clong@schutjerbogar.com
(717) 909-5923
September 20, 2005
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Glenda Farner Strasbaugh, Register of Wills
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
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In Re: Barbara Saliaris
Dear Ms. Strasbaugh:
Enclosed for filing please find an original and two (2) copIes of a Petition for
Accounting and Turn Over of Assets in the above-referenced matter. Kindly timt'.."-
stamp the extra copy and return same along with the respective Citation so that w.~ may
serve the Respondent in a proper and timely manner.
Additionally, we are enclosing a check in the amount of $50.00 for the r~quired
filing and Citation fees.
If you should have any questions or require anything further, please do not
hesitate to contact me at the number above. Thank you for your attention and
assistance in this matter.
I \~S.incerelY' )
U~Jr=E'l~
~r;:. &,lg (j
Paralegal
Enclosures
441 Friendship Road, Suite 102, Harrisburg, PA 17111 . Fax (717) 909-5925 . www.schutjerbogar.com