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Home My WebLink About94-00176 :'-i('.;;<,),j;i':,'_ ,- , t, '" ,j :.j'! ~ " ,."., .~ ?f~p~~ '\"",1-, , " ".~ .1'. ;'. ;,,:,.1 ':: I',jl. 'j" i' ":.i-:' \" ',' . " " ,,',' ., , " ...i , " , .~ 'I , I' ; ~ :'" ,I, "' '\! 'I'''J' , 1 " 1.< " .... .. 'I" "OI,i ',',. , " " ... !l! I, ~ !. "I, ';, "Ii <\,. , ',I ",' '" ", I' ., I' ",,' '\1,. ,,: " '(1' ;1 ~o . ,. ~. ,d ... ..' , .;:,. 'I:, fl' "tt " ,I: "I m ,. ,. , , I. L: tIl. I 1 , ,('; ;i'l.l , ( 01 ::or UI ~;;j (XJ " .', " I.,>, r' ,., , , .... ~'y. i'l Ii.' " '. .Jf' H ~ I ~ ! ~ ! ~I !! I ~ c:l . oII.J ~ ~ ~ ~ ~. ~ Q. " .' .,. ",' '" 'II , , i" , '" " ,i H-" " d' i' " ," " ,. " '.... ,I", ,. in , ,P', ;; 4' I~ S.~, ~ S~19M.I. FEtJ , '; '. " .'p'l " '~'.o' '" " .'1/ .~w 1/ (.t. F \Il " 'j' ':,-: r:l ~ ;'. I JJl".(.) , -" ,. ,1'1' '.; ", 'L' '" 1\ I":' ,j,J ,';', " , 'Ii ;1;" itl:. '):4- , ..' r. , :'fl . c OO6I66-OOOOllPcbruary 21, 19941DWDIMH/33238 . . . .' suffered from severe dehydration. Because of a throat problem, he cannot swallow food and a food tube was surgically placed in his stomacb In order for him to receive nutrition hy direct Infusion. 6. On February 14, 1994, pursuant to the recommendation of his physician, Alfred L. Wohler was released from Harrisburg Hospital and taken to Falrvlew Nursing Home, a skilled care nursing facility, but he refused admission and directed the ambulance to take him to his home in Sliver Spring Township. 7. At the time of his dlscbarge from Harrisburg Hosphal on February 14, 1994, Alfred L, Wohler welgbed approximately 104 pounds and four (4) days later on February 18, 1994 he weighed only 98 pounds. R. Because of his loss of weight, his refusal to change his surgical bag, his failure to eat, and his rapidly deteriorating medical condition, the Cumberland County Office of Aging sought and ohtalned an cmergency l'rot"rllv~ order on February 18, 1994 requiring Alfred L. Wohler to he admitted to Holy Spirit Hospital for nece.mry medical treatment. 9. Alfred L. Wohler had a psychological e.valuatlon pertbrmed in December 1993 while he was a patient at Mechanlcsburg Rehab Hospital which, In summary, Cynthia Socha.Oelgot, Ph.D., a licensed psychologist, determined that' Although area~ of Intellect remain in tact, his verbal memory, auditory allentlon, and reasoning and judgment are Impaired at this time which would hinder his ability to accurately a~sess decision making In regard to treatment Issues.' She further found "In addition to quantltive data received, Mr. Wohler's judgment appears to be Impaired on a qualitative level due to his lack of awareness of the severity of his medical condition." 10, Alfred L. Wohler's treating physicians have recommended that he be placed In a skilled nursing care facility but he refuses to do so. II. Alfred L. Wohler Is an incapacitated adult person whose ability to receive and evaluate information effectively and communicate decisions about his care and needs Is Impaired to such a significant extent that he Is unable to meet essential requirements for his physical health and safely. 12. Alfred L, Wohler lives alone and Is divorced, He has three (3) children: Larry A. Wohler, residing at S3S Hemlock Lane, Lebanon, Pennsylvania; Cynthia L. Corso, residing at 666 West End Avenue, Apartment 6S, . ' 006866-0000 I IPcbrulry 21. 1994/DWD/MHI33238 ~ ., New York, New York; and lori L. Wohler, residing at 666 West End Avenue, Apartment 17H, New York, New York. 13. Alfred L. Wohler ha.~ executed a Will dated November 24, 1984, directing that all of his estate be divided equally among his three (3) children, Larry Wohler, Lori Wohler, and Cynthia Wohler (now known as Cynthia Corso). 14. Alfred L. Wohler executed a durable Oeneral Power of Attorney dated December 31, 1993, naming Larry A. Wohler a.~ his attorney-In-fact. A copy of the general Power of Attorney Is attached hereto as Exhibit "A". IS, Alfred L. Wohler ha.~ been retired for approximately five (5) years. His present sources of Income are a $1,500,00 per month retirement pension and $820.00 per month In social security benefits, It Is believed that Alfred L. Wohler has assets of approximately $75,000,00, Including the equity In his rcsldence at H Houston Drive, Sliver Spring Township, Mechanlcsburg, Pennsylvania, 16. Alfred L. Wohler because of mental Incapacity, is unable to manage his property, Is liable to dissipate it or become the victim of de.~lgnlng persons, and lack sufficient capacity to make or communicate responsible decisions concerning his person, and to adequately attend to his own safety and welfare. 17. Despite being appointed as attorney-In-fact, Larry A. Wohler has been unable to admit his father Into a skilled care nursing home without his father's consent unless a guardian Is appointed by the Court, 18, The proposed guardian of the person and estate of Alfred L. Wohler Is Larry A. Wohler. Attached hereto as Exhibit "B" Is an Affidavit by Larry A. Wohler showing his wllllngne.~s to act a.~ guardian of the estate and person of the named Incapacitated person. Attached hereto as Exhibit "c" Is a consent by Cynthia L, Corso and lori R. Wohler, consenting to the appointment of Larry A. Wohler as guardian of the person and estate of Alfred L. Wohler. 19. Your Petitioner and the proposed guardian, Larry A. Wohler ha.~ no Intere.~t adverse to the a1lelled Incapacitated person. I, j' " q " " " '" , \" ',' , ,. ",!, ,," I' I,'"", " " 'j',': ,. " " ..hlblt ~ ,. ...-, " " I:' ,\ ", ...,." '\HUlHIO'I'~1CU. 1'~.'~"ll~ ,tllll '1I(~'tUlI, W 'i' Ifi q " " d, ;1' " " ,. , 'I I',,' \':.. i; ,. ", , ;1,1' ", I; ",;, 1-" , I", Ii ,. ,. " , ",\'1: .. , 'II, i.l I' I', !i \. , ,. , 1,1, " I" '11. .\ I" I" ,. I >\,:1' ",' \. , I ~ ,. 'I', '" 'it " " I ~ , .' " ~ ;: , , ,. ',. I,. , ,. ;;\ 1;", 'I. I ,,' " , ,. I P, I' ,. " \.' " .\. '" I, H " ,. " ,;,.,j,,' " I" "'II' ,. .. ,. /1 ': .j ,. '-," " I' , ,. , " ,. 'i , i.\, "" I';" I!i , il,\ ,,; \i' " " " ". " d 'I " ,. '.i ',,' 'I " " ," ,',I; ... .. :, , ,. ,. ,. " ;,. .q, d I ,I' I' j, " "I' " (. ,( ',; 'Ii ., " :' i " I'.' " ," \, ,I I" " . I ',-', :j, 'I, d' II,; " "I' l . ' ~ ' ,. II, " "'Ii ',,' , , I. " ,',' " I. ,. !' " "I '" , " /. !' ,. ,',. " ;1: "I' , , " ,1,1 " " ,. I lOt i'- " ,1 "I' "I' t,-, .. I, I" /' (;',Ii", " " , :I' :. j, \; I I" .1' ., j"" i"I' '" " ;',' "1, , ' c. j: " " I " ,. " " 1', I: \. " "" ,. " .. L'" " ." " " !, I ,. '1,(' I', !ili " .. p '", ,. , \, \ \' ,,' II' .". ,. ill " , , , ','" -" .. ,I ,. I ., ,. ,'( I' " ,. " .' '.tJ " ., 1\ I' ;\ .1. c, /'fl'" II P "'" \. """ I' ;,_i', ;,1 " ;, ,. 1,1,' I' ',": ,. " t,,'. , ,. ;;0 it ". Ii. ... ,'", , , '. ' 1I1IutHI\'lI.(in,u I'"~ l4"I'~ I' ,n"".\1 If' ,_ 1:-' ~\l' \11111' ,!In r \".''''''".''11"..11 hi....'" "I" '.... ".~ . 1. Bankina and Financial Institutions: General Financial Powers. (a) To deposJ.t ahy funds received for me in my accounts in such bank or truat company or other depository as my Attorney may select, either in my name or in my Attorney's name as attorney~ in-fact. (b) To withdraw from and to draw any check or other draft against any moneys held for me at any bank, saving fund or other place of deposit, whether such account was created by me or by my Attorney. (c) To endorse notes, checks and other instruments which may req\1ire my endorsement. (d) To pay all debts now or hereafter incurred by me. (e) To borrow money and to mortgage or pledge any real or personal, now or hereafter owned by me as therefor and to satisfy of record any indentures of now or hereafter standing in my name or acquired for my property, security mortgage account. (~) To have access to any safe deposit box standing in my name or 1n my Attorney's name for me, and to add to or remove the contents of such box; provided, however, my Attorney shall not use such box as a place in which to keep any personal property of my Attorney. (g) Generally, to transact any and all business for me with any bank, trust company or other depository. 2. stocks. Bonds. Securities and Investments. (al To sell, exchange, pledge, assign, transfer and deliver to any person, at my Attorney's discretion, all or any part of any stocks, bonds, notes, mortgages, interests in partnerships or other securities, and any and all personal property standing in my name or belonging to me, or over which I may have any power or control. To make, execute and deliver on my behalf all necessary deeds, assignments or transfers. 2 I :1 II 1.IIlL",lIl'''''''iITflC, ,,,,U'IIIIII' ,W'<II.1l1,'I.. ;., ,,,'Ihll" 1'.... "'h r'I.\lll. ",' I'~'l I'll''''''' ,',', "~ ..,~ . . (b) To register any or all of my securities in my Attorney's name as attorney-in-fact for me. (c) To vote my securities in person or by proxy. (d) To transact all business in relation to any stocks, bonds, securities, or other property in the nature thereof; to deposit the same under agreements of deposit; to participate in any plan of lease, mortgage, merger, consolidation, exchange, re- organization, recapitalization, liquidation, receivership, or foreclosure with respect thereto; to exercise' any rights to subscribe to new issues thereof; and generally to exercise all rights of management and ownership with respect thereto. (e) To invest in any form of property, all funds and securities held or received for my account, keeping such cash reserves as, in my Attorney's discretion, are necessary or desirable to meet conditions as they may exist from time to time. In the exercise of this power, my Attorney may invest in any variety of real nnd personal property as in my Attorney's dis- cretion appears to be prudent investments, and my Attorney shall not be liable to me for any error of judgment in the making or continuing of any investment. J. Real Estate. (a) To sell, exchange, pledge, assign, transfer and deliver to any person, at my Attorney's discretion, all or any part of my real property, standing in my name or belonging to me, or over which I have any power or control. (b) To make, execute and deliver on my behalf all necessary deeds, assignments or transfers. others. (c) To operate real property, separately or jointly with (d) To lease for any term any real property and to vary the terms, including rent payable, of any lease. (e) To alter, repair, improve, mortgage, divide, exchange, join in the partition of, or give options with respect to, real property. J II I, 'I Ii l,utn Hl\tU,llfltU wlttrullllI lllt."""l.. 1:'11'" \h'~lt ~'f111 I'.' ".'~\I~"'" 1'..,1 f'l1,,..";;;i';'i;--;:''101'' (f) To buy in at jUdicial sale any property on which I hold a mortgage. (g) Generally to transact all business and to exercise all rights of management and ownership relating to real property. 4. Claims. Law Suits. Compromise and Miscellaneous Powers. (a) To demand, sue for, levy, collect, and give proper receipts for all sums of money or property now or which may hereafter become due me from any source whatsoever, including all estates or trusts, proceeds of insurance policies or other property of any kind whatsoever. (b) To join with other parties in the compromise or settlement of any claims. (c) To make, negotiate, sign and perfot1ll any and all agreements and contracts now in course of negotiation, execution and settlement by me, or which may hereafter in the opinion of my Attorney be to my interest or advantage; to effect, procure and continue insurance of any and every kind and description; and with full power and authority to manage any real and personal property and conduct my affairs generally. (d) To employ attorneys at law and such other agents, employees or representatives as my Attorney may think proper, and to pay any claims, fees, expenses, wages, demands or obligations for which I may now be or may hereafter become liable. 5. Tax Matters. To prepare, execute and file in my behalf and in my name any and all income tax declarations and returns, and any other tax returns and reports (including, but not limited to, protests, claims, elections, consents, closing agreements, waivers of statutes of limitations and extensions), and to represent me before the Internal Revenue Service or. Treasury Department and any state or local taxing authority with respect to any claim or proceeding having to do with my tax liabilities, federal, state or local, for any and all years. 4 I I, I! I! '."U' HI"'" """', I'" H'..'~n '11'.'11""'. ;'I,."..nll.llo,1 \'II"'''lI,,,",h'l f.II...,'o,',...""..'. 6. Power to Deleaate. To substitute one or more attorney or attorneys under my Attorney I to carry out any of the general or specific powers hereby granted. 7. Soecif ic Authot:'..ity To Purchase "Flower" Bonds. To purchase united States Treasury "flower" bonds on my behalf and to borrow money as provided above for the pur~hase of such bonds. . 8. Soecific Financial Powers Defined Bv Statute. The following powers are granted pursuant to Chapter 56 of the Pennsylvania Probate Estates and Fiduciaries Code as further defined therein: My Attorney may make gifts amounts as my Attorney may (a) To make limited gifts. on my rehalf to any donees and in such decide subject to the following: (i) The class of permissible donees shall consist solely of my spouse, my children, my grandchildron and my great grandchildren (including my Attorney if my Attorney io a member of such class) . (ii) During each calendar year, the gifts to each donee pursuant to this power shall have an aggregate value not in excess of Ten Thousand Dollars or such lesser (or greater) amount as, and shall be made in such manner as, to qualify in their entirety for my annual exclusion from the Federal gift tax as provided in section 2503(b) of the Internal Revenue Code of 1986, as amended, without regard to section 2513 (a) thereof (or any successor provision allowing gifts to be split with a spo~se). (b) To create a trust for my benefit. (c) To make additions to an existing trust for my benefit, (d) To claim an elective share of the estate of my deceased spouse. 5 II II II .'. , " UIIUt .11\1". Unnl, \\IIK,..,,y1 .lIntl"\,'I,\. ':' I,,'\"u" ~",., "''''~I!'''' na,..,....'!'...... U'~ I ", l (e) To disclaim any interest in property. (f) To renounce fiduciary positions. (g) To withdraw and receive the income or corpus of a trust. 9. ~ific Personal and Medical Powers Defined By statute. The following powers are granted pursuant to Chapter 56 of the Pennsylvania Probate, Estates and Fiduciaries Code, as further defined therein: (a) To authorize my admission to a medical, nursing, residential or similar facility and to enter into agreements for my care. (b) To authorize medical and surgical procedures. DeRATION OF POWER, RELIEF FROM LIABILITXL-BEVOCATIO~ 1. This power shall not expire by reason of lapse of time. 2. I hereby ratify and confirm all that each Attorney acting hereunder shall do or cause to be done under this General Power of ~.ttorney. I specifically direct that such Attorney shall not be subject to any liability by reason of any of such Attorney's decisions, acts or failures to act, all of which shall be con~ elusive and bindi.ng upon me, my personal representatives, heirs and assigns. Furthermore, except in the case of malfeasance of office, I agree to indemnify such Attorney, and hold such Attorney harmless, from all claims that may be made against such Attorney as a result of such Attorney's service hereunder and I hereby agree to reimburse such Attorney in the amount of any damages, costs and expense that may be incurred as a result of any such claim. 3. This Power of Attorney shall be revoked by my giving to such Attorney acting hereunder. written notification of the revocation, which notice shall not be considered binding unless actually received. 6 II II ~ . , ", . " . " ,. I: ' ,'I' , , " " , " ;. ,. " , , .,. " " , " '" ", " I. " /, ,.', \. ., " ", " , " " " , , .' Ii " " " , '. " , I, 1,1' I'" , ,,<,,' " ',,'1 ',,' ." i/', ;,",'; ,. " , , ,," exhibit B . AU"~lfll,I&11I1'f\'(Uf'Ut"0I10 10,1 ~11l'ClfO @ " I' I , " ;." ". ,. , ,. " ,. .. , .' , , Ijd I' .. ,. ,. "r. ,I " /, , " ',I ,,', , " 1 1',.1' 'i, ,., ,',' ,,1,'1: , I ,,', , " It,. .1 " " ,. l'. jl' ,. , I. i ,I. '" " '" , 1111./1,';', ,/;'!' " ',. " ",! "',, ," "I I, ': /, !t I, ,1,1",1\\ I" ". ',\: 'i" ii, . ,/", f, (,' r Jll, " ,. ' .. " " , " ,'II " " .. " 1'-." ,.' ,;, ,. I. .' ". " " ',: t I,' 'Ii ,( '{ " ,. ,. , ,. ;, It . , ". " ,! , ,. \, ,,' 1,'11" I. ",I ,. " .,,1, " ,. ./ ,I'j, ""iiI " .11 'I " ,. ,( ;. ,.. ,",I , ", /. ;" " ,. III.. '" " "I' ". h ' I,;. 't.' " , " IL " '," " " .,' I, , 'i ~ : :I' ,. I\i,' ". ,,, ,'," I,' ,. . I;;' !, " " ,,, ,I': , .I 'd " " ,I,' " " ,. ,", " , I', /, ,II' f" " '.. ", ./ I' " 1/,'" I, " I, " , I', ,. ',. " , 1".1" '/, " III , 'I 1',< ," I, ,." 'i; ,. , " ,. I, 1'1.' !'i " " , , I, " ,1."1 ",In , , . 11,/,1' ,. .' I' , ,'I. I. ,,', ,. III .1. " " ,. j, .. '" ! ,I I' , "., ,Al' "<, " " ., ii'! ,. , Ill' , , .. I, " ". ,. {("'n..-'.'t'...._~....".......~"._,.,..,.g" -:'," ~ l" oJ ,,' I" . ,I', , 'I', '4 , " Ill, .. '.('I\Ultl~lllk,,'r.., I'-Qll/fJl'~ WI' " " -. Ie 1\, ,'" ',. ., ,. ",\ " 'L " .' \' , " ,', , ,. "Ii ,I . " ". " , I' ,I ,. ';, I' , ,!' ,J'. " " " "I' . . ,. I', " 'I' I: " "I, .', " ,_J 'I, lo~ If, .' ., ., 'i, I ,. '3 'I I' '., " " Ii q' ,,", ., 'I '" ',., ': " '!;' , '\ ,,-" ,',', ,. ,. ,. " , , " , " ,.,<< '; ;/ .' ',' , I, ' ") 'I ,. . ," ',,',,' ,. i '" " .. I,"~ '" \. " " . ;1"'" ,. , , I" ,i:i: j..,;: j' ,I" ~: I' ,;':, " ", " H ',,; ,. ii' 'I ,. 'i- ',,' , , '" , " , ,. , "," " " .'J " /, " , .11 . ,,' ., ,I" , " ilL' " ,'; ,. J. , I" '. " " "I \ ' ,II, , , " I'!' II .' Ii ,. ',1,\ ". " " ., 'iiI' ,f! ,. , , ,. 'i, \I :.1,:' ,. j" i, ; ~ r':' ,\ " 'I' ", 10: ,I' I" {'j " r" ,I I,' " , /. i, ,. " ". ',- , , " 1\ '" ,-' " " .. ,i ,. , .. , ,. " )1." II' ,~ " ,. fi' ,. ., " II 1',,',,-, " " " jl '" , 1\ " "", " Ii ;\' 'j\ ,-,I. 1":<;, I' "t'; I, ;,' Ii ,. I' .. I. d,: IiI " ", ,,, , ,. ,. " , " /, '-',-' ,: " " " ,. I'", ", ., ElchlbltO: " " '. IN REI ESTATE OF ALFRED L. WOHLER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-94-176 CITATION WE COMMAND, you that layi ng asi de all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Common Pleas Court, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why a heari.ng on this matter is set for the 31st day of Mar.ch, 1994, in Court Room No.5, at 10100 o'clock A.M. andthat a Citati.on be issued to Alfred L. Wohler commanding him to appear at the aforementioned hearing pursuant to the Petition of Larry A. Wohler to have Alfred L.Wohler adjudicated an incapacitated person and to have a plenary guardian appointed for his person and his estate. Notice of the hearing shDll be given to Alfred L.Wohler by counsel for the Petitioner in accordance with 20 P.S. 5511 (al not less than twenty (20) days pri or to the heari ng. NoUce of the hear.i.ng must c:'omply with all provi sions of 5511, including advice at to the right to counsel. Witness my hand and official seal of office at Carlisle, Penns'lva~ia this 25th day of February, 1994. ;:Zra:d~L:~i~~~~~ Clerk of Or.phans' Court Division Cumberland County Carlisle,Pa. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 o And your office is looated at? A 108 Lowther Street in Lemoyne, Pennsylvania. o And you are part of a group of physioians known as? A Internists of Central Pennsylvania. o Your speoialty is internal medioine? A Yes, we're all board oertified or board eligible practitioners of internal medioine. o You're on the staff of some hospitals. Could you tell the Court what hospitals YOll are on staff of? A I'm on staff at Harrisburg, Mechaniosburg and Holy Spirit Rehab. o Very briefly your education and training, undergraduate degree? A undergraduate from Penn State, graduated in '72. Medical sohool, University of pittsburgh and graduated '76. Three years of training at Harrisburg Hospital for residency in internal medicine. o Are you familiar with Alfred Wohler? A Yes, I am. o Is he a patient of your offioe? A Yes, he's been actually a patient of this praotice since at least November of 1990. He had previously been seen by Dr. Schreiber, and llIost rscently I've seen him in Holy Spirit Hospital. 5 1 2 3 .4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 o Over the last month, how frequently have you seen Mr. Wohler? A On the average? o Approximately? A Approximately over the last month I have probably seen him about 60 percent of the days up until the time that he was discharged from Holy Spirit. o On November 13th, 1993 he had surgery performed at Harrisburg Hospital. Are you familiar with that surgery? A We were not particularly involved with that surgery, although I do have some records with respect to that surgery. Q Was that the surgery where he had an ileostomy performed? A I think that most recent surgery involved -- now, once again, I don't have Harrisburg Hospital records from that stay. But I believe he did have a ileostomy at that time, as well as a placement of a peg tube. Q What is a peg tube? A That's a tube which allows one to feed an individual directly through the -~ into the stomach. Q What is an ileostomy? A An ileostomy is usually done in conjunction with a complete colectomy in that the removal of the large 1 2 3 4 5 6 '/ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .' .,,-.... 25 6 oolon and then the end of the small oolon is brought to the surfaoe of the abdomen and a pouoh is plaoed. And the -- and the feces in a semi-liquid form i& stored in a bag that is attached to the abdominal wall. Q Can you tell us what illnesses Mr. Wohler suffers from, and what his diagnosis has been unde~ your oare? A He has a number of illnesses at this time. He has a history of crones disease, which is what most likely prompted his various colon surgeries. He also has a -- somethlng oalled a non-corioform movement disorder, whioh has to do with neurological impairments. lie also has an inability to swallow properly, which is the reason that the tube was plaoed into his stomaoh. He also has some difficulties in terms of his ability to follow through in term of his medioal oare, whioh is something I'm sure you'll be bringing up. Q He was released either from Harrisburg Hoapital or the rehab hospital about February 14th and taken to Fairview Village Nursing Home. Were you familiar with that transfer? A Urn-hum. Q He was -- A What happened was he was transferred from Harrisburg to the rehab hospital where he received 7 1 physical therapy because of his weakened and deconditioned 2 state. They got him to a point where they felt he had 3 progressed as far as he was going to, and subsequently he 4 was to have been traneferred from rehab to E'airview 5 Nursing Horne, actually I guess it's called Fairview 6 village or Fairview Retirement Center, at this time. 7 When he arrived at Fairview he stated that he 8 would not stay, and he insisted on being taken home as 9 there wa~ some confusion on everybody's part at that time 10 because this was an unexpected event. 11 He ultimately was transferred home and attempts 12 were made to arrange for visiting nurses and home care on 13 the spur of the moment. And they, in fact, did arrange 14 that, and he did well for several days. 15 However, following that he began making it 16 difficult for the aides and the nurses to get in to see 17 him. And secondhand information tells me that he would 18 not unlock the doors to allow the nurses to oome in. The 19 nurseR at one point apparently had to crawl in through a 20 window in order to get in to take care of him. And I 21 believe at that time that the Agency on Aging stepped in. 22 Q He was eventually taken to Holy Spirit Hospital 23 on February 18, 1994 pursuant to a court order. Did you 24 then treat him when he carne to the hospital, or did 25 somebody in your practice treat him? 8 1 A We have a practice so that you rotate working 2 in the hospital. So the practice treated him. I saw him 3 the majority of time because of the way the rotation was 4 at that juncture. But yes, I admitted him to the 5 hospital, and I saw him most of his stay. 6 Q Now, the Office of Aging in the petition has 7 alleged that they discovered certain conditions or B problems on February 1Bth. And they're set forth here on 9 this sheet, which is from the petition. Are you familiar 10 with these items listed as A, B, e and 01 11 A I'm -- I have not aotually seen this particular 12 sheet before, but it certainly would oorrelate with his 13 condition on admission. 14 Q First one being for the record that he tampered 15 with the p~g tube resulting in no tube feeding intake 16 since his discharge from the hospital on February 14, 17 1994. Did you confirm that finding when you treated him? 1B A Well, when he came in he was certainly 19 severely, severely dehydrated, which would correlate quite 20 well. In fact, I wouldn't be surprised if he hadn't eaten 21 or had not received sustenance for longer than that. And 22 certainly I heard from the visiting nurses that he had 23 declined the receipt and use of the tube feeding. 24 Q Did he fail to apply hygienic care to the 25 ileostomy bag? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 A From what I had heard from the visiting nurses, when he was found he was found in a very non-hygenio state with large amounts of the oontents of the lleostomy bag all over him. Q It says here that he also lost a total of six pounds between February 16th and 18th thus reducing his total weight to approximately 98 pounds on a 6 foot 2 inoh frame? A Yes, he was severely malnourished when he was admitted. He was extremely dry. It says BUN was in excess of 100. Normally that should be 20. So he was extremely dehydrated, and he was very, very -- his blood protein level was low, whioh would also go along with the faot that this is a severe condition. Q You testified that he suffers from orones disease. Could you briefly explain what that is and what the symptoms are? A Crones disease is a oondition where the -- actually no one knows the exact oause of crones, but it is a condition where the body attaoks your large intestine, all immune diseases assooiated with inflammation of the large oolon, and results in destruotion of the large colon as well as the body's inability to absorb certain nutrients and fluids from the intestinal traok. It can also be assooiated with an arthritis, some involvement of ! '"t' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 'l..,i 10 the eyes. But the primary affects are in the large oolon. Q Now that hie large oolon has been removed, what affeot will this disease have on him, and what is his prognosis? A Now that the large oolon has been removed, often times that results in a reduotion in the severity of the symptoms of orones. Obviously if the large colon is no 10ngeI there, then you're not going to have problems with recurrent bleeding. You're not going to have problems with recurrent bouts of severe watery diarrhea. The bad news is the that crones disease can affect the small intestine occasionally, and he has continued to have episodes of GI bleeding even after his large colon was removed. Q Can this possibly affect him in a psychologioal way such that it affeots his ability to reason? A Any ohronic illness, especially if it's assooiated with malnutrition, can result in an individuals inability to reason. It's possible that the amount of malnutrition that he had on presentation could be related to his crones, and in turn oould have affected his abili.ty to care for himself. Q What about his ability to eat and swallow food? You discussed that there was a peg tube inserted in him. 11 1 Is that centered around the swallowing problem or eating 2 problem? 3 A Originally it was placed because -- at least 4 from a note that I can go over, and I don't have all his 5 charts. Originally it was placed because he was not 6 eating well at rehab and at Harrisburg. But while he was 7 at Holy Spirit we had speech pathology evaluate him, and 8 they're the individuals who specialize in swallowing 9 ability. And what they found was that it was not so much 10 that he didn't want to eat, it was that if he did eat, he 11 would aspirate. In other words, contents of the food 12 bolus would end up in his lungs rather than in his 13 stomach. 14 For that reason he really should not be 15 swallowing at all. He should be relying on the peg 16 feeding in order to maintain his nutritional and fluid 17 status. 18 Q Can he, on his own, provide the peg feedings, 19 or does he need the assistance of a nurse or some health 20 care professional? 21 A He has not demonstrated the wherewithal during 22 the short time that he was at home, nor based on his 23 activities in the hospital, he has not demonstrated the 24 ability to master the task in preparing his peg feedings 25 and ensuring that he gets the proper amounts of calories 12 l.: 1 and liquids, pr.oteins and that sort of thing. 2 Q What about his ability to care for the 3 ileoston~? Has he shown any ability to do that while he 4 was at the hospital? 5 A He really did not demonotrate any interest 6 whatsoever in helping care for it at the hospital. And 7 most individuals who do have the ileostomy while they're 8 in the hospital for other illnesses do take care of their 9 own ileostomy. And he did not demonstrate any interest in 10 doing so, and I don't frankly think he is capable of 11 following that multi-step procedure that would be involved 12 in caring for an ileostomy. 13 Q Now, you talked about him having a movement 14 disorder, Is this something ro:c which you provided any 15 treatment for him? 16 A No, it's not something that can be treated. 17 Q Can he drive? Do you think? 18 A I don't think he's capable of driving safely. 19 Q Do you think he's capable of improving to the 20 point that he can drive? 21 A It is possible. If this is due to a 22 malnutrition, it is possible that with time he may be able 23 to improve to the point that he could drive. I would 24 certainly want him thoroughly tested by a physiotrist 25 prior to his driving. (-, ( 14 that beoause it's hearsay. Dr. Moola's not here today and obviously present today, but I note my objection for the record. Q Dr. Moola will be testifying at the hearing to confirm this. You ooncurrent your opinion? A It's really very interesting because if you talk to him for brief periods of time, it seems as if he's aware of what's going on. And he'll give short answers that appear to be well connected, but the longer you talk to him, the more in-depth you speak with him, the more complex a decision you ask him to make, the more obvious it is that he oannot get beyond going from step A to step B. He's okay with step A, but you start adding interim steps, you start addi~g more complioated prooedures, he can't maintain his ooncentration and his train of thought to follow through. Q And when he was ready to be disoharged from the hospital, what were your reoommendations for after care? Did you have a specific type facility that you recommended? A We wanted him to be ln a situation where he could be monitored on a 24-hour a day basis because of several things that were ongoi.ng. One is that he did have several bouts of GI bleeding, gastrointestinal, bleeding 1 2 3 4 5 6 "/ 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 , ) ....~-- 25 15 while he was in the hospital that we never, in spite of a thorough work up, two thorough work ups, we never found an exaot source for that. And it's something which could occur again. So he needs to be monitored for that. No.2, he showed no ability or interest in maintaining care of his ileostomy for hygienic purposes. That's something which he needed help with. And he also showed no ability with respect to his nutritional status in terms of being able to take care of his tube feedings. He additionally kept trying to eat in spite of the fact that we had told him that he was incapable of doing so. And we, in fact, kind of had to compromise and allow him to eat pureed foodB under supervised conditions. Q lias he shown a w'ulingness to leave and go to a nursing home? A During -- early on during the hospital stay that changed daily, and it changed depencu'ng on which observer was in with him. It would change from moment to moment dS to whether he would agree to go to a nursing home, which nursing home he was going to go to, and which one would be acceptable and which would not. Toward the end of the hospital stay he had come to an agreement that he would indeed go to Leader. He would stay at Leader. And he seemed more accepting of that decision. Q I'll ask you to review Pennsylvania's 16 ".,' 1 definition of an incapaoitated person. I'm going to ask 2 you, based upon your training and experienoe, whether you 3 think he is an incapaoitated person? 4 A Based on his oondition when he was in Holy 5 Spirit Hospital up until his disoharge when I last saw him 6 in mid-Maroh, I would oonsider him to be inoapacHated. 7 Q Do you believe that his condition will improve? 8 A I would be surprised if it improved, but it 9 oould improve. As I mentioned earlier, some of the 10 problems that he has with his reasoning and cognitive 11 function could be related to a malnutritional state. And 12 it is possible that with continued tube feeding and 13 vitamin supplements and that sort of thing that he could 14 regain some of his mental funotion. 15 Q Do you believe he could regain his functioning 16 to the level that he would understand his limitations and 17 be able to procure help for those that suoh as maybe a 18 home health care service and visiting nurse? 19 A Once again, I'd be surprised if that oocurred, 20 but it is something that only time is going to tell. It's 21 something that needs to be reasaessed per.iodioally in the 22 future to see what ki.nd of progress he's making. 23 MR. DeLUCE I I have no further questions. 24 CROSS-EX~INATION 25 BY MR. SHEELYl I. 1 2 3 4 5 6 7 8 9 10 11 12 , I 13 14 15 16 17 18 19 20 21 22 23 24 25 17 Q Doctor, my name is Andy Sheely, and I am the court appointed attorney for Alfred Wohler. Mr. Wohler is noted as currently located at the Leader East Nursing Care Facility in Harrisburg, Dauphin County, and my questions are going to be limited to the time frame from ~'ebruary 18th, 1994 to the present. Before we go into that I'd just like to ask you a couple questions about your qualifications. What is your primary practice? A Primary practice is internal medicine, which is to grown-ups what pediatricians are to children. We basically take care of the whole person with respect to medication, with respect to diagnostic evaluation for individuals between the age of approximately 14 and 102, 103. Q What specific licenses do you carry as that professional? A It would be -- I have an MD, Pennsylvania which is actually all you really need. For internist you need a three-year residency training program in internal medicine. Additionally, I became boarded by the American Board of Internal Medicine in 1979. And I am board certified. Q Do you have any qualifications in the area of psychiatry? A No, I do not. 1 2 3 4 5 6 7 o 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 Q Do you have any qualifications in the area of psychology? A No, other than, you know, the fact that you deal with internal medicine. Some individuals have said it is 50 percent psychological in terms of the types of complaints the patients have and what you're dealing with. An individual in medicine you have to be able to deal with the whole person, which is also the use of psychology and psychiatry. But have I received formal training in terms of a residency program in psychiatry or psychology? The answer is no. o Are you qualified to, in your opinion, give an opinion as to whether or not Mr. Wohler is, in fact, incapacitated, beyond a reasonable degree of medical certainty? A There are certain individuals that I would feel comfortable in making that decision. My evaluation of him upon his presentation I would feel comfortable in saying that he was not competent. Q Turning to February 18th, 1994, that was the day that Mr. Wohler was admitted into Holy Spirit Hospital. When did you first see, treat, him after or on that date? A You mean the time of day? o Yes. 20 1 Not right now. Q 2 Also the surgeons, Dr. MoLaughlin, who was the A 3 gastroenterologist saw him. And the surgioal group, the 4 Kunkle Group, had several physioians who aleo saw him. 5 Q When was the last date that you saw Mr. Wohler in Holy well, at Holy Spirit? A The day he was disoharged. Q ~Ihen was that? A Was that the about a week ago, 17th, I 6 7 8 9 10 believe, 17th of March. 11 Q And have you seen him at all since he has been 12 transferred to the Leader East facility? ,,-" (.) 13 14 A No, I have not. Q I'm going to show you what I'll mark as 15 Defendant's Exhibit No.1, or I'm not sure how to do that. 16 Is that your handwriting? 17 18 A Yes, it is. Q Would you explain to me what that -- what this 19 is, explain what this exhibit is? 20 A Thls is a copy of a admisslon progress note for 21 the individuals who are transferred from the hospital to 22 the nursing homa, and for whom we Bee that same day in the 23 hospital. We will do these, the paperwork, for the I! ,.' ,-..,-' 24 nursing home, since H's basically doing the paperwork to 25 aocompany the patient to the nursing home. And a progress 1 2 3 4 5 6 7 8 9 10 11 12 " '" ) " 13 14 15 16 17 18 19 20 21 22 23 24 25 23 Mr. Wohler to do that he has refused to do recently? A No. o Is Mr. Wohler able to communicate his decisions to you, his opinions to you? A Yes, he is. o He can state to you -~ A He can answer yes, no. He responds to queotions. o Does he know where he is when you speak to him? A Superficially, yeah, he does know. He is oriented to place. At least he was when he was in the hospital. Sometimes with a shift of locations, they may become temporarily confused. But at the time he was discharged, he was oriented to person and place. Sometimes he'd be off a little bit on the date, but in the hospital that's not unusual. o Is Mr. Wohler capable of advising health care providers of what his current needs are? A Sometimes. I mean, he would advise them that he was in need of food and drink even though he had been told multiple times that he was not able to drink or eat because the food would go down the wrong tube. So, I mean, he could -- he could express a need, but that need may not be what he really needed. o Is he able to go to the bathroom on his own? 1 2 3 4 5 6 7 8 9 10 11 12 (~) 13 ...., 14 15 16 17 18 19 20 21 22 23 24 25 27 he became more willing to accept our inetructions with respect to his ability to eat food, although he still kept sneaking food or liquid when he could. But giving up swallowing is something that's very difficult to do. He was on medication. He was transferred on medication. Q Was he on, I believe, Haldol, I believe, was what was prescribed? A You're testing my memory here. I have it here. He was on Haldol. Although on the advice of the psychiatrist, we are in the process of tapering that. And he was also on Lorazepam, which is a hypnotic-related distantly related to Valium. And it was after he had been on those two medications in combination with the rehydraUon and increased calorie intake that he seemed to become more compliant. Q Is your office still handling his treatment even though he's at Leader East, or has he been transferred to another physician? A No, he's still on our office services as far as I know. Q Does somebody vidt with him on a periodic basis? A Yes, Q You just haven't seen him since March 17th when he was discharged? J. '''1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 :~) I ....... ."...-. ...._4'...."._, . O. '" ~ '. 28 A Right. Now, he'll be seen, as a nursing home patient, he would be se~n every month. And more often if he has problems. MR. DeLUCE I I would like that this be marked as, I guess, Defendant's Exhibit 1 and made part of the deposition record. MR. SHEELYI MR. DeLUCE 1 don't. Do you want this as 2? If you want it, that's fine. I RECROSS-EXAMINATION BY MR. SHEELYI Q A couple quick follow ups. You treated his physical condition, correctr A Yes. Q You don't necessarily treat his mental condition, correct? A Right. MR. SHEELYI tongue. I forgot it. questions. I had a question on the tip of my I don't believe I have any further MR. DeLUCE 1 Thank you, doctor. (Doctor's progress notes were produced and marked as Defendant's Deposition Exhibit No.1.) (Whereupon, the deposition was concluded at 3126 p.m.) I' .. ,. p," .' " " ., f!l: '~! . il,!~ ~J ,~~ Iii i!5 I. " ,''\;.1." IL ': i.' ~, I, , ,. ,. , ." , , ,1',,_: , ('. 'Ii ,.. ( ~, ,Ii I.','" " ,. " ,I; ,. ,'I, " I;,' , '" " i . ..:I ~ . !J I " " " '. ,,1,-' "; " '1: 1" i I,' II' ,'" ,. ): ,II' \. ,. ,. " " ,I;" (i " \, I' " " " I "~I ." " ','I ,. .. ,. " " ,1,1: "I,' " i, " ,-.. " " j. ,. ll, II ,. " ,';, , ' , ". " I, ,',', ." ,,; " , "II' "-: " " " .. " ,," " .. " ',I":' H I I B ~! ~ ~, !hHI f~1 ! ~ ..... 'I,,' 'I, " I: I", ,I, I, IlIIUT,HI\lU,finT1C, l~n H'llIMII '''.....'1\\''1,'... 1:'IEIII\hu""UII \',., ""I\lIl'"IIMII rlll"'~",'~ 1. Bankina and Financial Institutions: General FinaDQill Powers. (a) To deposit any funds received for me in my accounts in such bank or trust company or other depository as my Attorney may select, either in my name or in my Attorney's name as attorney- in-fact. (b) To withdraw from and to draw any check or other draft against any moneys held for me at any bank, saving fund or other place of deposit, whether such account was created by me or by my Attorney. (c) To endorse notes, checks and other instruments which may require my endorsement. (d) To pay all debts now or hereafter incurred by me. (e) To borrow money and to mortgage or pledge any property, real or personal, now or hereafter owned by me as security therefor and to satisfy of record any indentures of mortgage now or hereafter standing in my name or acquired for my aocount. (~) To have access to any safe deposit box standing in my name or ln my Attorney's name for me, and to add to or remove the contents of such box i provided, however, my Attorr,ey shall not use such box as a place in which to keep any personal property of my Attorney. (g) Generally, to transact any and all business for me with any bank, trust company or other depository. 2. stocks. Bonds. Securities and Investments. (a) To sell, exchange, pledge, assign, transfer and deli vel' to any person, at my Attorney's discretion, all or any part of any stocks, bonds, notes, mortgages, interests in partnerships or other securities, and any and all personal property standing in my name or belonging to me, or over whj,ch I may have any power or control. To make, execute and deliver on my behalf all necessary deeds, assignments or transfers. 2 I II UI/U1'.IlM.lUNt1I, "1l1l'...~JI l"r.~." IF fl. I:~ f.III\"Ulf'f"lI/f \...."....."1'''1\1''''.. ,.,11""~.~lh .' (b) To registeI' any or all of my seourities in my Attorney's name as attorney-in-faot for me. (c) To vote my securities in person or by proxy. (d) To transact all business 1n relation to any stocks, bonds, securities, or other property in the nature thereof; to deposit the same under agreements of deposit; to participate in any plan of lease, mortgage, merger, consolidation, exchange, re- organization, recapitalization, liquidation, receivership, or foreclosure with respect thereto; to exercise' any rights to subscribe to new issues thereof; and generally to exeroise all rights of management and ownership with respect thereto. (e) To invest in any form of property, all funds and securities held or received for my account, keeping such cash reserves as, in my Attorney's discretion, are necessary or desirable to meet conditions as they may exist from time to time. In the flxercise of this power, my Attorney may invest in any variety of real and personal property aD in my Attorney's dis- cretion appears to be prudent investments, and my Attorney shall not be liable to me for any error of jUdgment in the making or continuing of any investment. 3. Real Estate. (a) To sell, exchange, pledge, assign, tranSfel" and deliver to any person, at my Attorney's discretion, all or any part of my real property, standing in my name or belonging to me, or over which I have any power or control. (b) To make, execute and deliver on my behalf all necessary deeds, assignments or transfers. others. (c) To operate l'eal property, separately or jointly with (d) To lease for any term any real property and to vary the terms, including rent payable, of any lease. (e) To alter, repair, improve, mortgage, divide, exchange, join in the partition of, or give options with respect to, real property. 3 UI/tl1,llilorU.41unl. WltlUlllW lilt.'."".,.. I:<Ilt,f\lu."11f1l1 ,." ".'\'H"'U!lllll r.11"'~.(.. "".,,0. (f) To buy in at jUdioial sale any property on whioh I hold a mortgage. (g) Generally to transaot all business and to exeroise all rights of management and ownership relating to real property. 4. Claims. Law Suits. Compromise and Miscellaneous p~, (a) To demand, sue for, levy, oollect, and give proper receipts for all sums of money or property now or which may hereafter become due me from any sou roe whatsoever, including all estates or trusts, proceeds of insurance policies or other property of any kind whatsoever. (b) To join with other parties in the compromise or settlement of. any Claims. (c) To make, negotiate, sign and perform any and all agreements and contracts now in course of negotiation, execution and settlement by me, or which may hereafter in the opinion of my Attorney be to my interest or advantage; to effect, prooure and continue insurance of any and every kind and description; and with full power and authority to manage any real and personal property and conduct my affairs generally. (d) To employ attorneys at law and such other agents, employees or representatives as my Attorney may think proper, and to pay any claims, fees, expenses, wages, demands or obligations for which I may now be or may hereafter become liable. 5. ~x Matters. To prepare, execute and file in my behalf and in my name any and all income tax declarations and returns, and any other tax returns and reports (including, but not limited to, protests I claims, elections, consents, Closing agreements, waivers of statutes of limitations and extensions), and to represent me before the Internal Revenue Service or Treasury Department and any state or local taxing authority with respect to any claim or proceeding having to do with my tax liabilities, federal, state or local, for any and all years. 4 1'.'l\f.lIllo1U Ii""'. I\n H'...~" 1I1'."1'11!\"' ':., ~ "1 It Ih' I ~I"I 1 \'., 1'1' ~'"\\\III'''ll Till....'" ,ll" u.....'~ 6. Power to Deleaate. To substitute one or more attorney or attorneys under my Attorney, to carry out any of the general or specific powers hereby granted. 7. Soed! j"Q. AuthoD tv To Purchase II Flower II Bonds. To purchase united states Treasury "flower" bonds on my behalf and to borrow money as provided above for the purchase of such bonds, ' 8. Specific Financial Powers Defined Bv statute. The following powers are granted pursuant to Chapter 56 of the Pennsylvania Probate Estates and Fiduciaries Code as further defined therein: (a) To make limited gifts. on my behalf to any donees and in such decide subject to the following: (i) The class of permissible donees shall consist solely of my spouse, my children, my grandchildren and my great grandchildren (including my Attorney if my Attorney is a member of such class). My Attorney may make gifts amounts as ~y Attorney may (ii) During each calendar year, the gifts to each donee pursuant to this power shall have an aggregate value not in excess of Ten Thousand Dollars or such lesser (or greater) amount as, and shall be made in such manner as, to qualify in their entirety for my annual exclusion from the Federal gift tax as provided in section 2503(b) of the Internal Revenue Code of 1986, as amended, without regard to section 2513 (a) thereof (or any successor provision allowing gifts to be split with a spo~se). (b) To create a trust for my benefit. (c) To make additions to an existing trust for my benefit. (d) To claim an elective share of the estate of my deceased spouse. 5 lillll1,Hl\lu,Ullnl, \~H'''''lJI 1'!f.'.I\,III_ ':'II\\'\huU'"11l ,,1. ".""I\I\I\l\n"1I I'UIIWl" "1" .....Ul~ trust. (e) To disclaim any interest in property. (f) To renounce fiduciary positions. (q) To withdraw and receive the income or corpus of a 9. ~Decific Personal and Medical Powers Defined Bv statute. The following powers are granted pursuant to Chapter 56 Pennsylvania Probate, Estates and Fiduciaries Code, as defined therein: of the further (a) residential or care. To authorize my admission to a medical, nursing, similar facility and to enter into agreements for my (b) To authorize medical and surgical procedures. DURATION OP POWER. RELIEP PROM LIABILITY. REVOCATION 1. This power shall not expire by reason of lapse of time. 2. I hereby ratify and conf inn all that each Attorney acting hereunder shall do or cause to be done under this General Power of Attorney. I specificallY direct that such Attorney shall not be subject to any liability by t'eason of any of such Attorney's decisions, acts or failures to act, all of which shall be con- clusive and binding upon me, my personal representatives, heirs and assigns. Furthermore, except in the case of malfeasance of office, I agree to indemnify such Attorney, and hold such Attorney harmless, from all claims that may be made against such Attorney as a result of such Attorney's service hereunder and I hereby agree to reimburse such Attorney in the amount of any damages, costs and expense that may be incurred as a result of any such claim. 3. This Power of Attorney shall be revoked by my giving to such Attorney acting hereunder written notification of the revocation, which notice shall not be considered binding unless actually received. 6 r F. b 2!. 04 16: 27 No. ')16 P. 0 I . . ,/ CUMBERLAND C01JN~y AREA hGENC\' : IN TilE l~OURT OF COHMON PLEAS ON AGING, I OF CUMBERLlIND COl1NTY, PENNSyLVANIA putltloner I I NO. CIVIL ACTION .. LAW VS. Alfred Wohler, Respondent OLDER ADULTS PROTEC~IVE SERVICES ACT '. '.' I ,,' " '. TEMPORARY PROTECTIVE ORDER AND NOW, to wit, the ~'~day of February 1994, this Court having found th~t clear and convincing evidence ~hat Alfred Wohler ',', , " .,':10 " , ,.' ~ ' 't. ill in ilnlllinent risk of death or Deriou~ physical h~rm pUrllullnt to Seotion 10~20 of the older AdUlts Pr?tective Services Act, it is herp-by Ordered and Decreed that: 1) The Respondent, ,Hfred Wohler be rell10ved from his residence' immedhtllly; 2) The Respondent I .utrfd Wohler, be transportecl to llulf J 111'~!,~ . k.l~ C;PI;:~~..t:>',tz,\ .~ Ort .Gllrolhl,. .'ilvlIJIil._h for physical and psychiatric ' ' evaluationSi 3) The Resp'ondent, Alfred Wohler, upon ~iB release from the hospital be placed in en appropriate livlng situatiOn, it deemed necessary by his attending physicians. This Order shall remain in effect until the hearinJ in the t , .1\ d ~ , J~I~_I Al,,~r'~l., abovewcaption~ed rnaetar. 'L- '1<..( 1.1~:' "\.\ \ I.. , I ,tI ..... I i~ . ft...T t~ tir' ( >,:-. t, II _ 1 ~ tL, I '" .:tI..,- f, 7 I r ,) ,( ..,..." ~ .: ) jJ...., dc, 4 it,f Ii'1J,(.1.l c. S..4s'\lj7>i',>.-1-- l.i h ~~v) .'C1.;,' ,I,:d T:. ,,(' , ''', I "r 'f J, ".02. \<11"'1 T" e.C to. '.., B./ 7 H \ ,", '>.. I I J, Posl-It" ~Iand lax lIansmillsl memo 7671 '0' "'".. , col. 10 ,.... C ./ tt~. / P ~. 1..;,.... ~1 C)'\~i. /. ... ~t -. , , J PETITIONER'S EXHIBIT .J j f' ,</4 11142 717 2406462 Cll1BEI<LANO COURT AOr1 P,02 Plti tioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 848 CIVI~ 199. CIVIL ACTION - LAW v. ALfRED L. WOHLER, RI.pondent OLDER ADULTS PROTECTIVE SERVICES ACT iTIPULATION OF PARTIES CUllII:lerJ.ana tlouncy Area A'iI-nl,ll' UlI "':f.Lu.." r.".L~.Lw....., ....... "'L.__.l ... Wohler, RI.pcndent, hereby .tipulate and agree on th1_ day or Maroh, 1994, a. tollows. 1. The R..pondent, Alfred L. Wohler, and the petitioner a;ree that Relpondent i. no longer in imminent ri.k ot death or .erioUI phy.ioal harm. a. The Respondent, Alfred L. Wohler, ourrently .utfers from "Chrohn'l" dissele. 3. The Respondent, Alfred L. Wohler, currently requires medical nlbtanoe oX' health care udetanoe with maintaininq a "0" or "peqll I tube tor nutritional and fsedinq purposes. 4. The Relpondent, Alfred L. WOhler, currently requires medical or health oare allistanoe with oomplication. allooiated with an Il.oltomy, 5. The Respondent, Alfred L. WOhler, agree. to and is desirous of attendin; the Leader East adult oare faoility, looated at 800 Xing RUBS Road, Harrieburq, ,ennsylvania, for turther rehabilitation and treat- Illent. .. .:14 11143 ?1? 2406462 CUt16ERLANO COUR r AOt1 P,Q3 S. The Re.pondent, Alfred L. Wohler, and Petitioner a;r.e that the Court of Oommon Pl... shall maintain general jurildiction for a period of .ix (6) monthl trom any .ub..quent Order of Oourt. 7. Tha Agenoy aqree. to review and evaluate the mediaal condition of R..pondent Alfred L. Wohler after ninety (DO) day. from any luble- quent Order of court and lubmit a written report to Re.pondent and counsel ot reoord. 8. The A;enoy agreea to torward a copy of thi. Agreement and any .ub.equent Order at Court to the Leader East adult oare faoility through Trioia 8artlett, Dir.ctor of Admillions, or any other aqent of the care facility, 9. Re.pondent aoknowledgee that he il ourrently under the medical lup~rvilion of the Interniets of Central Pa. looated at the Harri.view Profellional Center in Lemoyn., Pennsylvania. 10. Re.pondent, Altred L. Wohler, and the Agency aoknowledge that the provilions ot thi. Agreement and stipulation have been fully explained to the parties by their respeotive counsel, by Anthony L. DeLuca, Esquire, attorney for the Agency and Andrew C. Sheely, Esquire, Court-Appointed Attorney tor Respondent, inoluding all rights to them under the Older Adults Protective servioes Aot, 81 amended. The partie. further agree that eaoh i. enterinq into this Agreement treely and voluntarilY and that the execution of thil aqre.ment is not the r..ult of any durell, undue influenoe, oollusion, or improper and 111eqal aqr..ment.. I 2 'I;' 'I;~',,:j!/ Tli;l~;{ 'lil!!'l '\.'(i, ,r':i,: ~:I' (\'".'il'i\'r:r;" '.; };;" '~<I j :", 1;lt'ii:,I~,t!':V~.:,i ,', "~,.)l'!l' ;0' 'i." If:l'),' "~.'!' ",,-" ",,'t" lrwl)l"~" 'I~'; '" ..' ;nr(,,':':,": ..:t(nl'\' ".' ,," liN ij:"", .1 '!1?,i r~ .'.' '.' " .,.J"" i~,i::,\}'\:' -"q'.,;', ;~H'Y;'!;i,':;\' 'r' 1?liiil' " if::;::;;~>:,~", ' j:'U',l" 1-" ' i"lh}'" I~I, 11,1 ~ h' ", "q,. , 't""'llll I,"!' j ;'~', f " I ' , 'i i'1'I,Ai'.":.,. 'l-'.';"j""'" I,' 1,t","i ~',:;, -', \L,qiP,'. 'Idt! ." ."1\1';;,:,:,." ~,I{-!,;:\ l~ ) ,,! '" :',r,:,~i;\';<{.' IJ~: ..~, "h;~lV,'X(: .' ii~;:.~~:,:,/i.:h 1'" f,"\~:lr:'j'!' jj"'Jij,'(r.'i: _/1 ',n',,;,,', . ',I I ' (r,'-HI,r.,'-,: I ': Ii !t'\'~'i" !" j', ; ~f~t;!I!l".;' " (lt~ ,"I ',l\ " .. I t,;.!;;h:"\'" ' ,,'J/..,"\ ',( "',' If')':,', }r:!:;,':i,: '''''>'' ,:;:r~,(" " 1\,1,','.' \""',!,: } \ , ~ ;\i . , " .@l i'~ .~ ;'S ~'.' '.; i!~ ..~I ~ ',I ,I;,;' " " 'r,' It! " ',,' ,'; !' ;.., ',jl ,I: 'I, 1,"1 ,,:1, , .. " ,.\, ';' " "'r' " j, ,I"l" d': ,I', ..' ,'i "I', ; , ~ I ~ I !:l I j ~. " " 1 ... .' I.' 'q \, , ~, ' " '1 , , ;'/ ',; , 'i i H 'i. ")1 '" I ~ ' .. ,'Ii 1/ Ii >I' .1' " , , , " , " ," , , Ii '", " ,'. " " , .. ~. ,. " ,., .. " Ii " ',i " " ,[ '.' I '. ,. ,':1 /:' " .. I' '~v ,: "d' ,. "" , 0'" \I.. , ';\ ...., ',' Q:I .. , AJ , ,., -. ,. '.D ) ',/;1 ~";', ~'! .',,\ ~.I... ...., , 1,";:1. , !', .! .' 'ji ,. i \.- I',' , ,I 'I" " Ii ,Ill' " '.1 ': ." II',' ',1 " " i\ "":;0 j \POl' ',':) f) , "l)t' I~' ,,',,'" rll ~H' 'I, 'IJ . , ~ J ~" 'I 'I. I '"hi I::::tl? &j'tl ".." I-< ~ I B ~~I~i Ihm ~~r ~ ~ ~ o .... , , ,'; ,1\' "',I I '",\' I' !!, , .II,,;, 'j"j,' 10, , " I' I I 'l -'I'," 'I,: 'r <t. ',I , , " I. I , , (', I' " " ,11 ,. "',. .,.. \": " " " , ,. ,I' , . . , ,I" , , ../ ~c. PETITION ~'OR PROBATE and GRANT OF LETTERS ~/~ qif-I'//tJ_ Estate oj Alfred ~hle l'. ulso kllown Ul' --_.~- No, To: .' Real1ler of Wills for tho ............ Dc('eaud, County of ~e~nd In the Social Security No. 1 ~9-~U-:l.l" ._ Commonwcllllb of ronnsylvanla Tho "ollllon of the undmlgneu rc~peclfuUy rep":.lenll that: Yuur pelltloner(s), who illare I H years of age or older an the execUI or . In \l10 last will of thc above decedent, dated ~ovembo r 7.4 lIIIU eildlell(s) duted ,_ named , 19..aL.. '- .. (~U\llI Illl'HQlll cirllmNtaMol1 C1t~. ununcllllon. UClAttl or t>4f(1U1nt, etc.) Docendent WILl domiciled at death In ClImberlnnd County, Pennlylvanla, with It~ R 11\11 I'a,nlly or principal rClidene? nt. R H~~C %'~ ~~~~' : ., MAl'hanicRh!lrg. PU1.Q.5t) .1.)( I 'if!. (' l~"l \ Oln meeT, numbllr l\.ud r\\\mc pallty) , 65 ,April 12 94 llt\Condent,I.hen years of aae, dle<.l 19 , at Holy Hpi rit lIo.cital. EaRt Pennaboro 1ill1nahip, Gumberlana County,. PA. Except as follows, deced,nt cIId /l01 marry, wa., nor divorced und did not bave a ehlld born or adopted after exe~utJlIn of lhe will offered for probate: was nollhe vlellm of a kllllna and Wl\lj never adjudicated incompetent: Deceml.nl at dealll owned pmpert)' wIth estimated values as fullows: (ff domlolled \1\ Pa,) All p~r~onal property (If not domiciled In Pa.) Personal propertY In PouMylvanle (H not domlcile<.lln Pa,) Personul pmP<lrlY In County Value of reol ~lJl\C In I'~nnlvlvnnlu slLUaled al follow!: ~~uston Drive, Hcchanicabllrg, $ $ $ Cumb~~ 17055 1,000,00 .10 WHBREFORE, pOllliol1er(,) rc.<lpoelfully rel1ucst(s) Ihe pl'obate of Ihe last will and codleil(s) prMented herewith and the STunt of louorl Teslnmentor~ - UCllnJnenlurYI sdlulnlllrallnl\ ~,I.(l.llIdo~nln",lol\ d,b,I\,C,I,I,) Lheron, . is i:1 i~ ~/ LAN 7 UJ () tI t-f f1.- \ Larry '. Wohler 53~ lIemloc1$ Lane Le anon, PA 17042 ..--oar -.. .. OATIl OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANlA } as COUNTY OF. Cumberland . The potttlunor(s) nbovQonnmcd swear(s) or al'nrm(l) that the fltalemenn In the forCjolna pelltloD lllC Irue and COlTect \0 the hM! nl' the knowledge and belle! of pelilloner(s) and t~at &.1 pellonalrepruen. lollve(s) of the abovo decedent petltionur(s) will wellaml truly ad~llnl~~.JlIC'~?ln& to law, Sw~rn 10 or arnrmc~ 2m' SUh~scrlbed ' ~/7'1? C::---c:' I bclare me Ihls 71 --'7irii d of - - -()~~~~~.1l ~y C, LEWIS' Reglsrer .'- <i:l 1 ~ - .;;~;) ,- ~ "',, , No,' 21 - 94 - 176- Ettate of Alfred L. Wohle r I Deceased DECREE OF PROBATE AND GRANT OF LETTERS AND NOW JUL Y 14, 19...2i-, In conllderatloD of Ihe petitioll on rho rovol'lo sldo hereor, lalllraclory proor havln$ beoD prosoDtod bororo ale, IT IS DECREED that tho InltrUmellt(a) dated Novembe r 24 , 1984 . dCfOrlbcd thoroln bo odnlltted to probat~ Md. filecl of record as tho WI will or A1f red L. Woh l.e r , IDd Lcttel'l Testamentarv are hereby 1'1Iltod 10 Larry . . Wohler .. FEES Probate, Letl<<l, Elc. ,."",., S 80.00 Short Certlficates( 5) .., .. . .... S 1 ~ nn ReQ.unclatloD ...".."",.... S .X-~ages S 3,00 JCP TOTAL - S ~.lIll' . JULY 14 -1 94 183.00 PUcd 'I 1 I . I . I I , 1 , I .. 1 ~I f ~I' ....... 1 , , - IJt;nf~'::.~ u"flt.fJ-bi MARY C. LEWIS . 7/ 0 Charles J, Phillips 39260 IITTORNBY (SUp, Ct. I,D, No,) 2201 Ridgewood Road, Suite 400 ADDRIlS$ Wyomissing, PA 19610 (610) 372-8427 PMONll L[) r: d-: ,.., i ! (1 ~ , ff} 1'1 ['I . .. --I ..- " Ii",} ,',\ \.; III l'~ '~~, \ ;,j "J 0: , 60 Mailed letters and order to Executor on 7-14-94, ~.. .,. . oil I . I , ,. . , ~ . r' . . , LAST WILL AND TESTAMENT OF ALFRED L. WOHLER I, ALFRED L. WOHLER, of the City of Harrisburg / Dauphin County, Pennsylvania, being of sound mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament/ hereby revoking all other wills by me at any time heretofore made. ITEM I: I direct that all my just debts, any expenses which may have resulted from my last illness, and my funeral expenses shall be paid from my estate as soon as practicable after my decease. ITEM II: I giver devise and bequeath all the rest/ residue and remainder of my estate equally unto my chi.1dren, LARRY WOHLER, LORI WOHLER and CINDY WOHLER, per stirpes. ITEM III: It is hereby directed that my Executor shall pay all inheritance, estate, succession and legacy taxe~ to which my estate for the transfer of any property hereunder may be subject, and to charge such taxes as a part of the expense of administration, payable out of my residuary estate. ITEM IV: I direct that no Executor or other fiduciary named, nominated or appointed in this my Last Will and Testament shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of the Court of the Commonwealth of pennsylvania or any other jurisdiction to the contrary notwithstand- ing. ITEM V I I appoint my son / LARRY WOHLER / as Executor of this my Last Will and Testament. IN WITNESS WHEREOP, I have hereunto set my hand and Beal this ~ day of November, 1984. (SEAL) jl, . ~.... ...: ". :. . . ,1; ....' .' sealed, published and' deolared by the above-named Testator, as and for .his the presenoe of us, who, at'his request, in the presenoe of eaoh other, all being have hereunto subsoribed our names J .. " Signed, Wohler, the Testament, in , presenoe and the same time, -t~ JJtIJ.J~W " 1r" . ,., said Alfred Last Will and in present at as witnesses. L, and his $IM/J~II~4-/ ~ ~"L ,.. residing ~A1 ~ )a tt j ~~f4;'" "l' J." ,I,,' ,,'1\ '1 ' " \. .. ". "I' " " 'I; 'I residing ~l.G-o<..; " d' ,I' , " , I,!; ,. j"II' ,. , " ;" " ." ,. 1\ \ ",' " .',1', ,. " " " I) 'It ''-I' " I 1'," .,l., " .,. ,'. ,'. , , , " " ., ,. 'I. ,. ., '" I. " \ " " , I ,... " " I, \, ,. ." ,. " I "I, ,. I'- \',1"':' Ii ' ,. ;1/ , , .. , " '<. I , " " !' \ , ,,' , " j, " " I,'" , , ,. ,I ", " ,. j' /' ,,' " , , ,J! " " " ,f'.' " " '1' ,. (" ii, , , ,. ,,' " "\ ',f . 1,( ", I' I', , , ,. " ',",1' '}' " " ': ;,1. \/1, " 1'- ",., .I....~':, \' I',',,:!' '.. i\i~' ", Ct, 1'):,'1 \, , .,.( l r " c:~" " ': :~,'. .f? '(I ."/f,"'.' j ::"'f'" 1';:( .," ", ~"I. >>"r """',\ ,.':. ',', I ".P;,' :;\ i,' !h '" ','''' kP~:~t: ',,\~;~ 'i ':,' ,; 1;'" rbl!"..-" I' ."'" \~', .. i;~~;,~~U:\~~'/:,:.'..' 1,"\' \,'.1!f,f1'1U1:":\'" $~(i\~\h(:\;,,< ;' :~N{ 'J',\}\:"~""\,,: :1. r;:?i:~,::/;:; ):',,'~;, ,...11. 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" " ~ , I, " 'I, 'f.I,: 'C.,~ ',~,:/I ' :-:{(L-! \5 ~ ., , <!J ,. t--" ,.' , ~ 'r, ~~i:! , (\) L" ~ .;t 'I' ~., . ., 1,,-1 ""h'll.,' 'p ,"'C,),1" ~ ~~~ ~'n'l,. , ~ " '" "'l'jfJ.l 'l'~ " ~ I,'; . .'5-::h' .. :,F i \.. . . ~'lj\ rj\ ij::l (:C , U a: "" .p " " . i' " " I. '" I ",' . 'I' I,,' ., ~ ,il.' , ,~ ~ ~ B . ~ . (J i " to! Cl ... ~ I ~ Cl ,... ... ,. " ,. ,I ,( I I ~ \) , .I , ,," ,. i. ,. " " , ,. I,;; 'I',' ,I,' " "'II I. i, ," ,I' ," ,. " " i'l ',I i, " i , '" .,. "" , " d' I', , " I' ,,' '" ,r'" ,. 'I: " ,. I, '" , . ",I :....' ') ~ " , - 'j ~y. ,',,j r. .".,....." \' .. .;(':;.- /,( INHERITANCE TAX RETURN RESIDENT DECEDENT (TO BE FILED IN DUPLICATE WITH REGISTER OF WILLS) NUMG~ , II,VdlOO IX. 111."1 15. Amounl of line 14 laxoble 01 6% rol' (Includ. ,olue. Irom Schedul. K or Schedule M.) 16, Amounl 01 IIn. 14 loxabl. 01 15% rol. (Include 'alull Irom Sch.dul. K or Schedul. M,) 17, Principal lax due (Add lox from line 15 and from line 16.) 18. Cr.dlll Spou.al PoYOrty Credit Prior Paym.nll + + 19. If IIn. 18 I. grealtrlhan IIn. 17, enltr Ih. dlff".nce an IIn. 19. Thil 1.lh. OVERPAYMENT, mo 20. II line 17 ,. grealtr Ihon IIn. 18, enltr Ih. dlff".nce on IIn. 20. Thl.I.lh. TAX DUE, A. Enler Ih. Inlo".1 on Ih. balonco duo on IIn. 20A, B, Enter Ih. 10101 of IIn. 20 and 20A an IIn. 208, Thl. I. Ih. BALANCE DUE, Mak. Ch.ck Pavabl. to. R.QI.'.r 0' Will., Ag.nt ... BE SURE TO ANSWER ALL QUESTIONS.ON REVERSE SIDE AND TO RECHECltMATH.... '. .., Und.r p.naltltl of p.rlu'y, I d.clar. Ihall hav. .xamin.d Inil ,,'v'n, Indudlng accompanying Ichldultl and .,altm.nll, and 10 Ihe btll of my knawledg. and b.ll.f II Is tru., co,,,ct and camplell, I dlclare Ihal all 'Ialutoll has bltn rlpor1ld allru. marke' valul. Deda,allan of p"pa,., olh., than ,hi p,"anal rep,..,nlallv, il bOlld on olllnlormollon 01 which pr!P IIr J>cn any knowl.dg.. La rry A, Wohle r JmimUllOrn N'" }~!N .OORllS 535 Hemlock Lane ;.;~! 1_ /( Lebanon, PA 17042 _ !~...!'I 1-'14 . N . IV . as n eisawHz Heller & Abrl1mowitc " riCo / 2201 Ridgewood Road, Suite 400 /1/14 7t/ yom asing, PA 19610 . I -- i ~ Q I!! ~~E :00 uoc... 0.. III 0.. 01( 1 lllffi :: Q o :l: U 0 0.. lOA DATU 01 DIATH AITIA '2131191 CHICK HEn: IP A SPOUSAL POVIATY CAlDIT IS CLAIMID 0 1IL1 NUMBlA COMMONweA~TH 0' P!NNSYWA.NIA OePAItTM!NT 0' Il!V!~4U! DIP! no'OI HAIlRISlUII.C, ~A 171a,O~OI loeC~OINr'~ NAMe I;,.ASr. '1llsr, "'~lO "1100't"l"i'NiTIAII WOHLER, Alfred, L. Jr. I,\,l, URI Y MUMI 10M! 0' OeArH IO"'! 0' IIRTH 199-20-5399 4-12-94 12-7-28 [] 1. Orlgillal RelUrn 0 2. Supplemental Relurn 94 l76 21 COUNT'! CODe oeceOENT'S 'OMP~fa ",OORESS VEAR 8 Houston Drive Hechanicsburg, PA 1705.5 C,)IInrv Cumberland 03. OS, R.maind., Rt,urn Ifar dOl II 01 d.alh prlOrlO 12,1 J.,,:: Federal ellal. Tax R.lurn R.qulr.d TOlal Numb" of Soft D.po.iI Bo." o 4a. Futvr. In1er811 CClmpromhe (for dale. of deolh oher 12,12.821 fJ 6. Doc.denl Died Tellole 0 7, D.codenl Maintained a Li,lng TMI (Allach copy of Willi IAlloch copy of Trull1 ALL CORRESPONDENCE AND CONPIDENTlAL TAX INPORMATlON SHOULD BE DIRECTED TO. NA.M MPl M"'I~IN '" it n 4. Llmiltd Ellolt o _8. Charles J, Phillips, Esquire l H N NUM!S 2201 Ridgewood Road, Suite 400 Wyomisaing, PA 19610 372-8427 z o ~ E ~ .. 1. Real Ellole ISch.dul. AI ( 1) 2. Slack! and Bond. (Schedule 8) I 21 3. Clolely Held SloclJPartntllhlp In'.rlll (Sch.dule C) (31 A. Mortgagu and Nole. Rml'obl. (Schedule 01 I A) S. Co.h, Bank Depo.I" & MIIe.llen.oul P."onol Prop.rty( 5) ISch.dul. EI 6, Jolnlly Owned Prop.rty ISch.dule FI 7. Tron"e" (Schedul. GI (Sch.dul. LI 8, Tolal Gron Ane" (Iololllnll 1-7] 9. Funeral Expe"e., Admlnl",aliv. COIl., MI...llaneou. I 9) expen!", (Schedul. HI 10, D.b", Mortgag. Uabllillel, U.n. (Schedul. I) 11. Tolal D.ductlon! Ilalallln.. 9 & 101 12, Net Value of ellOI. (IIn. 8 mlnu.llno 111 13. Charitabl. and Go,ernmonlal a.qulIl' ISch.dul. J) 1 A, Ne' Value Subloct 10 Tax IlIn. 12 mlnu. IIn. 13) 120,000,00 - 0 - - 0 - - 0 - 9,488,87 - 0 - - 0 - 16) (7] 129.488,87 18,973.61 ( 8) 58,898.34 (10) 77,871.95 51,616,92 - 0 - 51,616,92 3,097,01 (11) (12) (13) (1 A) (15) 51,616.92 K ,06. (16) K ,IS . z o ~ 5 ~ o u a (17] 3,097,01 Dhcaunt Inl.rl" (181 (19) (heck he,,,. if you O1'C rcquoslinq << refund o' your ovcfpayml''!t. (20) (20A) (20a) , , It\l.ltOllA.11.,,, '* Co"'?~rJ~\IMWr~i~ANIA IISIDi'N'i DICIDINl SCHEDULE E CASH, BANK DEPOSITS AND MISCELLANEOUS PERSONAL PROPERTY ALFRED L. WOHLER, JR. ~II ,_rtv 1.I"tl~n.~ with ,h. 11th. 01 'urvl.."hl, mult b. dl..I..... .n S.h....I. PI ITIM DesCRIPTION VALUE AT NUMBER DATE OF DEATH 1. PNC Bank - Account No. 5070070429 $ 1,156.59 2. Miscellaneous Household Goods 1,000.00 3. 1991 Pontiac Bonneville Automobile 6,818.7.5 4. PA State Credit Union Account 13.33 5. IRS Tax Refund . 462.00 6. AT&T Rebate " " 38.20 I'" !" ", , , , " " , ,. ,i ,,' " I , I"", " !, , " 'I, ,I' ., ,. , ,. " '.-,' " , "., , .' , ", " " 'I ',1"1 " " Ii "j' 'I, '''1 , ""'1 , .." I. \' " ,., ,.{ j .. , ,. , II ,. " S 9,488.87 IAna'" addIH.n.1 11\" x 11" IlIMt If "'"" 'p'" 1. .oodod,1 lNUlIlhl'"'' ~j~ COMMONWeAIT" or "NNSYIVANI. INltUIT....NCI TAll ~nU~N ~IlIDINT DICIDINT SCHEDULE H FUNERAL EXPENSES, ADMINISTRATIVE COSTS AND MISCELLANEOUS EXPENSES PI.al. Print or Tvp. 21-94-176 ALFRED L. WOHI,ER, JR. , ITEM NUM!8R DESCRIPTION A. Puntral bp.n.... 1. 2. 3. 4. St. Stephena - funeral services Funeral luncheon Funeral flowsrs Cremation 1, 8. Admlnl.tratlv. Coli.. 2, 3, 4, C. 1, 2, 3, 4, $, 6, 7, 8, Perianal R.pre"nlarive Cammlulonl Social S.curlty Numb.r of P.rsonal R.prel.ntatlvtl V.ar Cammllllonl paid AHarnl}' Fltl Pamlly Ex.mptlon Claimant Addrtll of Claimant at d.c.d.nl'l d.alh Stre.t Add,.1I City R.latlonlhlp 5101. Zip Cod. Prabat. F..I AMOUNT $ 75.00 150.00 100.00 100.00 3,000,00 2,750.00 .. 0 - 103.00 MI.c.llan.ou. Exp.n.... ABC Fuel - heating oil 119.37 PNC Bank - mortgage 511.21 Federal Express - document shipping 64,00 Larry Wohler - reimbursement for phone bills 75.00 Settlement charges rei sale of residence (see settlement sheet) 11,272.81 PNC Bank - service charge for estate checking account 18.00 Cumberland Law Journal - legal advertising 40,00 The Sentinel - legal advertising 75,72 TOTAL lAlla .nter an IIn. 9, R.capltulatlan) S (II more .pac.l. nttd.d, In..rt additional .httta 01 .am. 1110.) " " 'ESTAtE OF ALFRED L. WOHLER, JR. 9. . Notary Foes 10. Closing Costs SCHEDULE H FILE NUMBERI 2H4-176 C. MISCELLANEOUS EXPENSES (CONTINUED) 12. United Parcel Service ~ dooument shipping , I' I. I, I, , , I' .'..' , TOTAL $ 7.50 , 500.00 3.00 1 9.00 $ , 18,973,61 11. Register of Wills Cumberland Co. ~ short certificate ,. I ",. .. ., .. 'j .. '1, 'i ,(,"\ I'" 'i' I' 'I' :Ii ,. I 'I' '1 I , I' , , ." , , " ,. ",. , I , , , , \, Ii I I II,.' , " I" I' "I I I. I" ,'.1 ,. I' " , 11 I I " " '" I'.' " , I ! . . , , /, ,. , I I : I /: ,'j ( lI""U12rx..I1UI mATI Of ITlM NUMBIR 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. '. '*' SCHEDULE I DEBTS OF DECEDENT, MORTGAGE LIABLITIES AND LIENS Plla.. Print ar Typ. fiLl NUMIIR 21-94-176 COMMQNwULlH 0' "NNnWANIA INt>llll1A.NCllAII _l1u'N ..'IOIH'OIC_OINI ALFRED L. WOHLER, JR. DISCRIPTION AMOUNT PNC Mortgage Company Loan from Waltar Wohler Bell Atlantic - servica Cumberland Ambulance Service EKG Associates - medical services Mark Burhuff - grass cutting sel'vices PP&L - electric service Rich Gorro - medical services PHITA - medical services Duffie Johnson, Esquire - legal services Padden & Associates - accounting services EKG Associates - medical services Bronstein & Jeffries - medical services Francis Davis Associates - medical services Hsrrisburg Gastrologists - medical ssrvices Glaam Anesthesia - medical services Rich Gorro - medical services Dr. Kanton - medical services PA Neurological - medical services Harrisburg Hospital - medical services A. T. Ritzman - medical services Harrisburg Hospitel - medical services Rehab Medicine - medical. services Central PA Internists - medical services A. T. Ritzman - medicnl services PA Neurological - medical services Duffie Johnson, Esquire - legal services Padden & Associates - accounting services Moffit & Pease - medical services Harrisburg Hospital - medicsl services $ 53,504.49 4.199.90 35.67 19.55 2.16 30.00 35.06 30.29 97.67 100.00 70.00 4.32 36.30 75.83 47.95 23.15 30.29 30.06 61. 79 22.01 26.58 50.00 50.00 50.00 50.00 50.00 100.00 25.00 30.00 10.27 TOTAL (AI.o Int" on IIn. 10, Rlcopltulatlon) (II mort 'pacI i. .tldld, InlOr! addmo.a' .htl~ a'.aml lilt.) $ 58.898.34 . I LAST WILL AND TESTAKENT OF ALFRED L. WOHLER I, ALFRED L. WOHLER, of the City of Harrisburg, Dauphin County, Pennsylvania, being of sound mind, memory and understanding, do make, publish and declare this to be my Last Will and Testament, hereby revoking all other Wills by me at any time heretofore made. ITEM I I I direct that all my just debts, any expenses which may have resulted from my last illness, and my funeral expenses shall be paid from my estate as soon as practicable after my decease. ITEM III I give, devise and bequeath all the rest, residue and remainder of my estate equally unto my children, LARRY WOHLER, LORI WOHLER and CINDY WOHLER, per stirpes. ITEM IIII It is hereby directed that my Executor shall pay all inheri tance, estate, succession and legacy taxes to which my estate for the transfer of any property hereunder may be subject, and to charge such taxes as a part of the expense of administration, payable out of my residuary estate. ITEM IVl I direct t.hat no Executor or other fiduciary named, nominated or appointed in this my Last Will and Testament shall be required to post any bond or give any security of any type for any purpose whatsoever, any law or rule of the Court of the Commonwealth of Pennsylvania or any other jurisdiction to the contrary notwithstand- ing. ITEM VI I appoint my son, LARRY WOHLER, as Executor of this my Last Will and Testament. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of November, 1984. ./ .:/ / ",{ ,// NOTICE OF INHERITANCE TAM APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAM ACN CHARLES J PHILLIPS ESQ STE 400 2201 RIDGEWOOD RD WVOMISSING PA 19610 l1l/ v 101 DATE 04-03-95 REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 L AMount ROMlttod _3 CUT ALONG THIS LINE ~ RETAIN LOWER PORTION FOR YOUR RECORDS .. R 'EV: is''-, - E if"A F ji - (i '2:94 r- tloYi c r OF - i"NHEiii;: ANC E - Y1. X - iiriPRA-i S Ei.fitlr; -A (blAAiicE - jjli -- - - _OJ; - - - - - - -.. DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT ~ :"TAX ~(,i '.1 Ii, ESTATE OF WOHLER ALFRED L FILE NO. 21 94-0176 A(;N 101 DAT!" 04-03-95 If an a.....m.nt wa. 1s,u.d pr.v1ously, 11n.. 14, 15 and/or 16, 17 and 18 will r.fllct figures th.t includ. th. tot.l of 6hh r.turn. .e.....d to dati. ASSESSMENT OF TAXI 15, AMount of Line 14 It Spoulol roto (15) 16, AMount of Line 14 to.oble ot Llneol/Cllll A reto (161 17, AMOunt of Llno 14 to.oble ot Colloterll/Clolo I rote (17) Ie, Prlnolpol T.. DUI TAX CREDITS I PAYMENT DATE 11-15-94 TAM RETURN WA3, (X I ACCEPTED AS FILED RESERVATION CONCERNING FUTURE INTEREST . SEE REVERSE APPRAISED VALUE OF RETURN BASED ONI ORIGINAL 1. Real Eltote (Schodulo AI (1) 2, Stocko ond Pondl (Schodulo I) (21 3, Cl.llly Hold Stook/Portnerlhlp Intorolt (Sohodule CI (3) 4, Mortiogo./Not.. Rlcoi.oble (Schodulo 01 (41 5, Ceoh/lonk Depolltl/MI.o, Por.onol Proporty (Schodule EllS) 6. JointlY Owned Proplrty (Schodul. F) (6) 7, Trenlhrl ISch.dulo 01 171 e, Totol AOI.t. APPROVED DEDUCTIONS AND EXEMPTIONS) 9, Funerol E.ponlo./AdM, Co.t./MI.o, E.ponloo ISoh,dule HI 191 10, Debts/Mortioie Lhbl1IUu/Lion. (Schodul. II (101 11, Tot.l Deduotlon. 12, Net Valuo of To> Roturn 15, Chor I tobl./Do.lrnMontol loquuts (Sch.dul. J) 14. Net Velu. of Eltoto Subjoot to To. NOTE I RECEIPT NUMBER MM91319? DISCOUNT INTEREST (+ I (-I ,DO I CHANCED t li~; :-ll I .l'~ 120,000,00 ,', ., <J 00 {~I .1.- '-,100 n:-; ,DO 9,488,87 ,DO , DO (el 18,973,61 58,898, 34 (11 ) (12) (13) (14) ,DO 51,616.92 ,DO M ,DO. M ,06.-' M ,15. Ilel AMOUNT PAID 3.097,01 TOTAL TAX CREDIT BALANCE OF TAX DUE INTEREST TOTAL DUE . IF PAID AFTER DATE INDICATED. SEE REVERSE FOR CALCULATION OF ADDITIONAL INTEREST, ", 129.488,87 77,R?1 QIi 51.616,92 ,DO 51,616,92 ,DO 3.097,01 ,DO 3.097,01 3.097,01 ,DO ,0IJ ,DO IF TOTAL DUE IS LESS THAN '1, NO PAYMENT IS REQUIRED, IF TOTAL DUE IS REFLECTED AS A "CREOn" (CR). YOU MAY BE DUE A REFUND, SEE REVERSE SIDE OF TNIS fORM FOR INSTRUCTIONS, I ReSERVATIONr E.t.t.. uf dla.d.nt. dvlng on ar b.for. D.o.~r 12, 1912 -- If .nv future tnt.r..t In thl I.t.t. I. tr.n.f.rr.d In Po.....lon or .nJay..nt ta C11., I (coll.t.r,l) blnlflcl,rl., of thl dl~ld.nt eft.r thl .wplr.tJan of any ..tlt. for Ilf. Dr for y.er., the COI"onwt.lth h.reby .Mpr..tlv r...ru.. the right to Ipprll.. and a..... trln,flr Jnh.rltlncl 'IMI' .t the leMful Cl.,. . (oollltlr.l) rlt. on any .uch future Int.r..t. i>uRPilSE OF HOTlCE, To fulfill the r.qulr...nt. cf S.ctlon 21~0 of the Inh.rltancl Ind E,tlt_ TIM Aot, Act 22 of 1991, 12 P,S, S.otlon 21~O, pAY"ENT, D.tlch thl top portion of thh Notlc. flnd .ue.lt with your ply.,nt to the R,ghter of Willi printtd on the revlr" .Id" "Hike ch.ck or .only ord., PlYlblt tal REGISTER OF NILLS, ADENT All plv..nt. r.c,lvld .h.ll flr.t bl appll.d to Inv Int.r..t which ..~ b. due with .n~ r..elnd.r Ipplled to thl tlK, REFUND eCR)l . r.fund of . tlK cr.dlt, which ~I' not r.qu..t.d on the TIK R.turn, tmv b. r.qu..t.d bv co.pl.tlng .n "AppIJc.tlon for R.fund of P.nn'Ylvenl. Inh.rlt_nca and E.tat. TIM" (REY-l!l]), Appllc.tJon. or. IVll1abl. It the OfficI of the Rtglttlr of Willi, any of the 2! R.y.nut Olttrict OfficII, or by oll1lng the '1'10111 Z4-hcur .n'wlrlng urvlc, nuaber. fur for.. ordtrlngl In P.nn.ylvan" 1-100-562-2050, uut.ld. P.nn.vlvlnl. .nd within 100.1 H.rrl.bur, Ir.. (717) 717-1094, TOP' (717) 772-2252 (H..rlng lapllr.d Only), DIJECTJDH11 Any plrty In Int"..t not ..thU.d with the tppreh...nt, .1I0w.nel or dlullow.nc. of u.dUctlOtl., or ....u..nt bf ttM (Inoludlng dl.count or Int.r..tl II lhown on thl. Hotlr.. IU.t obJlot within .IMtv (60) daYI of r,cllpt 0' thlt Hotlo. bYI -.wrltt.n protllt to thl PA D.p,,,t..nt of R.yenut, loard of APPlllt, O.pt, 2111121, Hlrrllburll, PA 17128-1021, OR -~.llotlon to My. thl lIatt" d.tlreln.d at audit of tht account of the p.rson,,1 rlpru.nteUYI, OR ".ppu1 to thl Orph.n.' Court, AIlHIH (STRAIIVE CORRECIIIlHI, rlctu.1 .rror. dl'~QY.r.d on this a.......nt should bl .ddr....d In writing tal PA O.p.rta.nt of R.Vlnu., luruu of JncUyldul1 TlMII, ATTHI PODt A......."t R.~I.w Unit, D.pt, 280601, H"rllburll, PA 17UI-0601 Phon. (71H 717.6SDS, Su p,~. ] of the bookl.t "In.truotlon. for Jl\htrltlnol TtIC bturn for. Rllldent O.c.dIMt" tREY.UO)) for an 'Mpltnatlon of adtlnlltrlt1v.1V correotabll Irrors, DISCOUNT' If IMY t.M dUe II Plld within thr.. (]) Clllndtr aonth. Ift.r thl d.Cld.nt', d..th, . flYI p.rcent (5X) dl.count of thl tlK plld I. .110Nld, IHTERE" , Int.r..t I. ch.rg.d beginning with flr.t d.v of d.llnquency, or nln. (9) lonth. ,"d ant (1) doy frol thl det. of dllth, to thl d.t. of ply..nt. "KII Nhlch bee... dellnqu.nt blfore JanutrY 1, 1912 belr Intlr..t .t thl ret, of .IM (6X) perc.nt ptr InnUII cllcul.tld at a d.llv retl of ,000164, All t'MII which b.e... dtllnqu.nt on and 1ft,,. JlnUerv 1, 1912 NIII bur Intlr..t It . ratl which will vary fro. c.l.nder Vllr to ell.nder yllr with th.t rIte announc.d bv the PA O,plrt.,nt of R.v.nuI, Thl .ppllolbll Int,r..t rlt.. for 1912 thrOUQh 1995 .r'l '!.!.!! In''rllt R.t. ~ntlr..t Flctor !!!or Inter..t R,t. Dlllv Interllt F.otor 1911 m ,00Dl~1 1917 9l ,OOOI~7 1911 III ,000411 1911'1991 III ,000101 I9I~ III ,000301 1991 9l ,0001~7 1911 III .000316 199]'199~ 7l ,000191 1916 m ,0001" 1991 9l ,000l~7 ".Jutarllt It c.lcul."d II fOlloN'l INTEREST . SALANCE OF TA~ UNPAID ~ HUftSER OF DAYS DELINQUENT ~ DAILY INTEREST FACTOR ....nY Notice lllued .f"r thl tu beco... d.lInquent will r,Utet 1M Interllt ctlcu11t1on to flftlln (IS) daYI btyond the dlt. of thll ........nt, If ply..,t It lid. after thl Int.rut COlIPut.tlon dlt. .hown on thl Hotlot, addltlon.1 Int,,"t IUlt be Cllcul.ttd, ~, t' ""''') - STATUS REPORT UNDER RULE 6.12 BEFORE THE REGISTER OF WILLS OF CUMBERLAND COUNTY Name of Decedent: Alfred L, Wohler, Jr. Date of Death: April 12. 1994 File No. 21 94-0176 Pursuant to Rule 6,12 of the Supreme Coun Orphans' Coun Rules, I report the following with respect to the completion of the administration of the above-captioned estate: 1. Stllte whether administration of the estate is complete: YES x NO._ 2, If the answer is "No", state when the personal repreaen\lll1ve reasonably believes that the administration will be complete: 3. If the Wlswer to No, 1 is "Yes". state the following: a. Did the personal representative file a final account with the Coun? YES _ NO ~ b. The separate Orphans' Coun No, (If any) for the personal representative's account Is: N/A 'c. Did the personal represenllltive state an account Informally to the panies in interest? YES.-.lL- NO_ d. Copies of receipts. releases. joinders and approvals of formal or infonnal accounts may be f'1!ed with the Clerk of the Orphans' Coun and may be anached to this repon. Date: 4//7 / (./fJ- ( kJ'&()t'{ ~ N ~~ - ('1") () 2J ., ::>0:; 0, '1 ", ~:; t::'r. , ".,) " ) '" .... '~, ) " " 'I 0: 1 ~ U Ul ;'1 C) <I> ~ ~d wee a: Charles J. Phillips. ESQuire , Name (Please type or print) 2201 Ridgewood Road. Suite 400 Address Wyomissing. FA 19610 ( 610 ) Tel. No. 372-8427 Capacity: _ Personal Representative -L.. Counsel for personal representatlw