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HomeMy WebLinkAbout02-14-79 IN RE: ETHEL W. B~~DT IN THE COURT OF COHr.10N PLEAS OF CU~BERLkND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 686 ORPHANS 1978 TRANSCRIPT OF PROCEEDINGS BEFORE: HONORABLE HAROLD E. SHEELY DATE: January 26, 1979, Friday, 11:00 A.H. PLACE: Courtroom No. 2 Cumberland County Courthouse Carlisle, Pennsylvania COUNSEL PRESENT: DALE F. SHUGHART, JR., Esquire For - Petitioner Jay H. Brandt I N D E X 3, 18 17 -7.- By Mr. Shughart By the Court January 26, 1979 Carlisle, Pennsylvania MR. SHUGHART: ~lay it please the Court, this is the time set for a hearing on the petition for appointment of a guardian for Ethel W. Brandt, an alleged incompetent. An affidavit of service from Edward I. Steckel, Esquire, a member of the Franklin County Bar, on Mrs. Brandt was filed with the Clerk of the Orphans Court. It should be there with the file. THE COURT: I have that with the record. MR. SHUGHART: I would like to formally submit that. The Order of Court fixing the hearing and waive notice on the next of kin, being the brothers and sisters who formally joined in the petition. We will cover that matter in the testimony. THE COURT: We will direct that the affidavit of service be marked as Petitioner's Exhibit No.1. JAY H. BP~NDT, called as a witness, being first duly sworn according to law, testified as follows: BY MR. SHUGHART: Q Please state your name and address? A Jay H. Brandt, 916 Gettysburg Pike, Mechanicsburg, Pennsyl- vania, Upper Allen Township, Cumberland County. -3- Q Mr. Brandt, what is your occupation? A Contractor. Q What is your relationship to Ethel W. Brandt, an alleged incompetent? A Son. Q Mrs. Brandt is your mother? A Yes, sir. Q ~vhere is she presently residing? A Leader Nursing Home, Chambersburg, Pennsylvania, Franklin County. Q Is she there as a patient in that nursing home? A Yes, sir. Q What is your mother's legal residence? A Carlisle Street, Newville, pennsylvania, North Newton Township, Cumberland County. Q until her physical condition required her hospitalization at a nursing home, was that where she was residing at Carlisle Street? A Yes, sir. Q Since approximately when had she resided there? A Excuse me, at Carlisle Street? Q Yes, sir. A Since 1942. Q What is your mother's age and date of birth? A May the 10th, 1897. -4- Q How old does that make her? A Eighty-one years old. Q She will be eighty-two this May? A Right. Q Who was her husband? A Howard O. Brandt. Q Was that your father? A Yes, sir. Q vJhen did he die? A March the 12th, 1976. Q Beside yourself does your mother have any living children? A Yes, sir. Q Would you state each of their names, please? A Lee Edwin Brandt, Richard Samuel Brandt, William Howard Brandt, Josephine patricia Nelson, Carolyn Anna Hendershott, Janet Louise Abram. Q Is your mother a widow? A Yes. Q Did she have any children who have died? A No. Q Do your brothers and sisters all reside at the addresses which are set forth in the petition that was filed in this matter? A Yes, sir. Q Did they all sign consent to this petition before a notary public? -5- A Yes, sir. Q Who was that notary? A Esther Cohick, Newville, Pennsylvania. Q Were all of you there with I-1rs. Cohick at the same time? A Yes, sir. Q Did each of your brothers and sisters have the opportunity to examine the content of the petition? A Yes, sir. Q Did they all agree that this was the best thing to do at this time? A Yes, sir. MR. SHUGHART: Your Honor, I might add, and I must add this because Mr. Brandt would have no notice, but on January the 9th I mailed letters to each of the brothers and sisters at that address indicating what the date and the time of the hearing was and indicating to them that we welcome them to attend if they desired to. That letter was dated and mailed January 9, 1979. I have copies of all the letters if you would like me to present them. THE COURT: We will accept your representation to the facts that they were mailed on that date. BY HR. SHUGHART: Q Would you explain please to your knowledge what your mother's present medical condition is? -6- A My mother has been failing for seven years. And after breaking up the home, we had her admitted to a nursing home because she has severe organic syndrome. Q Is that what the doctors indicate she 1S presently suffering from? A Yes, sir. Q How often do you see your mother? A Once every month. Q How long has it been since your mother has been able to walk from what you observed? A Two and a half years. Q Recently as far as her medical condition, if you speak to her, how does she respond to you? A She doesn't respond. Q From your observation if you visit her now, is she even aware who you are? A No, she doesn't know who I am. Q Beside being in bed, is she out of bed at all? A Only when the nurses place her in a wheelchair and set her in the hall or in the TV room. Q When was the last time you visited your mother? A A week before Christmas. Q When you spoke to her, did she respond to you at all? A No, sir. -7- Q From your observation, is she constantly receiving nursing care at Leader Nursing Home? A Yes, sir. MR. SHUGHART: Your Honor, at this time I would like to move to have this affidavit by one of the physicians of the nursing home, Thomas P. Davis, marked as Petitioner's Exhibit No.2 relating to the present medical condition of Mrs. Brandt. THE COURT: It is so marked and admitted. BY MR. SHUGHART: Q In your opinion, Mr. Brandt, is your mother capable of handling her own affairs? A No, sir. Q From your observation, is she even aware of what her assets and obligations are at this time? A No. Q From your observation and your knowledge of her condition, is it such that someone could almost take a pen and put it in her hand and sign something for her without her having any idea what it is? A Yes, sir. Q In your opinion, does this leave her susceptible to a dissipation of her assets? A Yes. Q In what way? Let me rephrase that. Do you feel that she -8- could be taken advantage of and her assets dissipated? A Yes, sir. Q Do you presently have a power of attorney for your mother? A Yes, sir. Q How long have you had that power of attorney? A Since 1970. Q Is that power of attorney for both your mother and your father? A Yes, sir. Q Is that power of attorney recorded In the Recorder of Deeds office in this courthouse? A Yes, sir. MR. SHUGHART: Your Honor, for the record I would like to state that that power of attorney dated January 9, 1970, is recorded in Miscellaneous Docket 193, Page 701. BY HR. SHUGHART: Q The decision for you to obtain this power of attorney, was that at a time when both your mother and father's physical health was failing? A Yes, sir. Q Who discussed your obtaining this power of attorney? A The family. Q Have you acted under that power of attorney since you have received it? -9- A Yes, sir. Q In accordance with that power of attorney, have you collected both your parents'assets and administered them for them? A Yes, sir. Q Did you file tax returns? A Yes, sir. Q Did you and your brothers and sisters discuss your administration of their affairs? A Yes, sir. Q Toward the end of October of last year, 1978, did you have a portion of your mother's property under agreement of sale? A Yes, sir. Q Was there a question as to whether your mother was competent raised at that time by the attorney for the prospective purchasers? A Yes, sir. Q Did you then discuss the situation with me? A Yes, sir. Q After our discussion what conclusion did you reach? A We came to the conclusion after discussing with you that I better apply for guardianship rather than power of attorney because of my mother's incompetence. Q Have you made any dispursements of your mother's assets since we reached that decision? -10- A No, sir. Q I show you a copy -- and, Your Honor, I do have the original. I will mark this as Petitioner's Exhibit 3. I show you what appears to be a copy of a Commonwealth National Bank statement, can you identify that, please? A Yes, sir. Q Does that set forth the extent and nature of your mother's assets which are presently 1n the bank? A Yes, sir. Q What is the date of that statement? A 11/10/78. Q That was the date of the last statement. A 12/12/78. Q From that statement what amount of your mother's assets are in the checking account? A $729.60. Q What amount of your mother's assets are in statement savings? A $29,806.74. Q On the bottom of that statement 15 a xeroxed copy of a check for $10.00, was that the last check to clear from your power of attorney account? A Yes, sir. Q Except for any additional interest accrued to the statement savings, does this accurately reflect the amount being held in the bank? -11- A Yes, sir. MR. SHUGHART: I would offer that into evidence. THE COURT: It is admitted. BY HR. SHUGHART: Q Does your mother also own some real estate? A Yes, sir. Q I show you a copy of a subdivision plan in your mother's name to be executed by you as power of attorney and prepared by Steve Fisher. To the left portion of this subdivision plan, does that show the property that your mother still owns? A Yes, sir. Q The shaded portion here indicated as lot number one, is that what was under agreement of sale? A Yes, sir. Q Has this subdivision plan been fully approved by the requisite authorities and executed by you as attorney in fact? A Yes, sir. Q Has the matter not been recorded at my suggestion until the guardianship proceedings would be concluded? A That's right. Q What was the sale price on that former agreement of sale for the area here indicated as lot number one? A $58,900.00. -12- Q Do you believe that to fairly accurately reflect the value of that lot number one? A Yes, sir. Q Does that lot contain a dwelling house, barn and other outgoings shown on this plan? A Yes, sir. Q The remaining acreage of farm shown on there, have you received a written offer to purchase that residue minus what is lot number one? A Yes, sir. Q Who has made that offer to you? A Mr. Simons and Mr. Noll. Q What is the amount of their offer for that portion of the farm? A $110,000.00. Q Do you believe that to be fairly accurate as to the value of her remaining property? A Yes, sir. MR. SHUGHART: Your Honor, I would offer this exhibit as showing the real estate of Ethel W. Brandt. BY MR. SHUGHART: Q Is that property located both in the Borough of Newville and In North Newton Township? A Yes, sir. -13- Q In addition to the real estate and the money in Commonwealth National Bank, is there an unsettled condemnation as to some of your mother's property? A Yes, sir. Q Approximately when was this condemnation filed? A 1967. Q By whom? A The Borough of Newville for a sewer treatment plant. Q Is the treatment plant already built and operating on wha.t \\7as your mother's property? A Yes, sir. Q Is that matter presently before a Board of View on your petition? A Yes, sir. Q Have we received a written offer from the Borough of Newville to settle the claim? A Yes, sir. Q What was the amount of that offer? A $7,500.00. Q Do you have an appraiser and me as an attorney working to represent you on behalf of your mother in attempting to negotiate a settlement of this claim or to proceed to litigate it? A Yes, sir. Q Is that presently in a hold posture pending the outcome of these proceedings? -14- A Yes, sir. Q What income is your mother's real estate presently generating? A $100.00 a month. Q Who is that coming from or for what? A Griffie Dry Wall Company (phonetic) for buildings that he rents. Q In addition to the earnings on your mother's money in the statement savings at Co!nmonwealth National, are there any other sources of income to her? A Yes, sir. Q What is that? A $187.00 a month social security check. Q What does it presently cost to keep your mother in the Leader Nursing Home? A Between $1,000.00 and $1,100.00 per month. Q In accordance with what your mother's assets are, what are your thoughts about the quality of the place where she is being helped? A I think she is at one of the best nursing homes in the area. Different children wanted to move her to Carlisle or Newville to the presbyterian Home, but the conditions she is in, I didn't want to have her moved, because the doctor knows her, the nurses know her. And they know how to handle her. So I didn't want to start at this age at this time to have her transferred to another nursing home. -15- Q Would you have your mother at anywhere but the best nursing care facility? A Only the best. Q If the Court appoints you guardian, \vhat would your plans be as far as your mother's real estate? A To liquidate it in the best manner with agreement of sale and interest. And the downpayment I would secure in a savings account in a bank guaranteed by the Federal Governments, F.I.C.A. Q Are you willing to act as guardian for your mother? A Yes, sir. Q In your opinion would your mother have been at all physically capable to have been brought here today in any other manner but possibly an ambulance with an attending physician? A No way possible. Q In the petition the agreement of you and your brothers and sisters on a request for a bond would be the sum of $10,000.00. Do you feel that this would be a fair amount for a bond? A Yes, sir. Q Have you checked with your insurance company to determine whether you could procure a surety bond? A Yes, sir. Q Are you willing to act as guardian for your mother? A Yes, sir. Q Just to clarify, if it needs any clarification. For the -16- last eight years, have you been basically handling all the financial affairs for your mother and father, and now for your mother? A Yes, sir. Q Since October have you made any expenditures of your own assets for which you would seek reimbursement from your mother's estate if you were appointed guardian? A Yes, sir. Q What is that? A $315.00 to Steve Fisher, Carlisle, Pennsylvania, Civil Engineer. Q Was that for his preparation of the subdivision plan? A Yes, sir. MR. SHUGHART: Your Honor, I believe I have covered everything. BY THE COURT: Q How long has your mother been In the nursing home? A They were both in. My father was out here at Forrest Park for three years. And my mother was at Decker Nursing Home in 1974. And then the State closed that nursing home due to a sprinkling system. So I transferred her to Leader in Chambersburg, because it was the only place at the time that I could find a bed for her. Q That would have been about when? -17- A Nhen I transferred her to Leader was the spring of 1976. Q Then she has been In nursing homes since sometime In '74? A Yes, sir. Q From what you have seen of your mother In these past years, do you ever think that she would be able to return to her home physically? A No way. THE COURT: That is all. BY MR. SHUGHART: Q Would you estimate for the Judge approximately how much of your time you have actually spent over the last few years in handling things for your mother? A I spent approximately in the last six, seven years one- third of my time taking care of my parents, because all my other brothers were working and could not do it. But I could be available. Q Are you aware that in order to settle the condemnation action or to sell any of your mother's property would require further approval of this Court if you are appointed guardian? A Yes, sir. Q If you are appointed guardian, do you intend to be further petitioning in the near future relative to these two matters? A Yes, sir. MR. SHUGHART: That's all I have, Your Honor. -18- THE COURT: You may step down. (Whereupon, the hearing was concluded.) -19- IN RE: ETHEL W. BRANDT IN THE COURT OF COMM.ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 686 ORPHANS 1978 I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the hearing of the above cause and that this is a correct transcript of same. iJ:vJJ0AiL t ~ Barbara E. Nickolas Official Stenographer The foregoing record of the proceedings upon the hearing of the above cause is hereby approved and directed to be filed. p~ Date Q , '-/ J "71 J. -20--