HomeMy WebLinkAboutEXIBITS
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA ORPHANS'
COURT DIVISION
1 IN RE: PATRICIA A.
EICHELBERGER
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vs.
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an incapacitated person
NO. 21-06-0177
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5 On the Petition of Robert D. Eichelberger
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omOlNAL
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DEPOSITION OF:
DARRYL K. GUISTWITE, D.O.
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TAKEN BY:
Petitioner
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BEFORE:
Tracy L. Lee,
Court Reporter~Notary Public
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DATE:
March 22, 2006, 1:30 p.m.
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PLACE:
522 South Pitt Street
Carlisle, Pennsylvania
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APPEARANCES:
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BOGAR LAW OFFICE
BY: JENNIFER B. HIPP, ESQUIRE
FOR - PETITIONER
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~ EXHIBIT
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. 1 INDEX TO TESTIMONY
2 DEPONENT EXAMINATION PAGE
3 Darryl Guistwite, D.O. By Ms. Hipp 3
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9 INDEX TO EXHIBITS
10 NO. DESCRIPTION PAGE
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DARRYL K. GUISTWITE, D.O., after having been
first duly sworn, was examined and testified as
follows:
MS. HIPP:
Dr. Guistwite, for the record, if
I'm unclear in any of my questions, or if I do not ask
a question in a way which you know how to answer,
please ask me to repeat and clarify the question.
Certainly use any documents, notes, or
records that you have that you feel might be helpful in
responding to my questions.
EXAMINATION
BY MS. HIPP:
Q. Would you please state your name and
business address?
A. Darryl Guistwite, 522 South Pitt Street in
Carlisle.
Q. Can you please describe your practice and
specialties?
A. Family practice.
Q. And are you licensed to practice in the
Commonwealth of Pennsylvania?
A. Yes.
Q. How long have you been practicing,
Guistwite?
Dr.
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. 1 A. Five years.
examined Patricia A.
2 Q. Have you treated or
3 Eichelberger in the past?
4 A. Yes.
5 Q. How long has Patricia been a patient of
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yours?
A. About three years approximately, two, three.
Q. Do you recall when your most recent visit
was with Patricia?
A. About two weeks ago.
Q. And what have you observed regarding
12 Patricia's mental and physical condition?
. 13 A. She has stable down syndrome.
14 Q. Is her down syndrome reversible?
15 A. No.
16 Q. Will her condition lesson or change in some
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way over time?
A. No.
Q. Based on your examinations, what is your
diagnosis and prognosis for Patricia in the future?
A. Patricia deals with inability to take care
of herself in many ways, especially in any way managing
her finances or -- just say any way in her finances.
Q. Can you describe her physical and mental
limitations and impairments?
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She is capable of minimal conversation; she
socially; she is very child-like in most
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2 interacts
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What affect does her impairments have on her
ability to meet the essential requirements for her
physical health and safety?
A. She requires complete nursing care, resides
in a nursing home for her well-being so that she has
her meals and so that her essential needs are met.
Q. And she would be unable to meet those needs
on her own?
A. Correct.
Q. With respect to Patricia's finances, what
affect do her impairments have on her ability to manage
her finances? Or is she able to manage her finances?
A. She would have no way of managing her own
finances.
Q. Is Patricia able to receive and evaluate
information effectively?
20 A. No.
21 Q. Can she make and communicate decisions
22 clearly?
23 A. No.
24 Q. Have you treated or examined Evelyn G.
. 25 Eichelberger in the past?
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. 1 A. I have not.
2 Q. Does another doctor in your office do so?
3 A. Yes.
4 Q. Who is that doctor?
5 A. My father, Dr. Kenneth Guistwite.
6 Q. And are you affiliated with Dr. Kenneth
7 Guistwite?
8 A. Yes.
9 Q. And do you have access to
10 Mrs. Eichelberger's medical records?
11 A. Yes.
12 Q. Have you reviewed Mrs. Eichelberger's
. 13 medical records?
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A. Yes.
Q. Based on your review, what did you learn
concerning Mrs. Eichelberger's physical and mental
condition?
A. She's a quite elderly female, fragile, very
fragile psychologically as well as mentally; she has
ongoing dementia with some complications
psychologically in terms of psychosis and worsened
confusion at times. Medically, she's fairly stable.
23 Q. Okay. In your opinion, is
24 Evelyn Eichelberger capable of assuming the
. 25 responsibilities associated with Patricia's care?
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A. No.
Q. Okay. And would that be in all respects to
Patricia's physical and her financial care?
A. Yes.
Q. A hearing is scheduled before the Court of
Common Pleas of Cumberland County concerning Patricia's
capacity. Is it your recommendation that another
person be responsible for caring for Patricia's
finances and other issues regarding her physical
well-being?
A. Yes.
Q. And that would conclude the deposition.
(The deposition concluded at 1:50 p.m.)
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
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I, Tracy L. Lee, a Court Reporter-Notary
5 Public, authorized to administer oaths and take
6 depositions in the trial of causes, and having an
7 office in Mechanicsburg, Pennsylvania, do hereby
8 certify that the foregoing is the testimony of
9 DARRYL K. GUISTWITE, D.O.
10 I further certify that before the taking of
11 said deposition the witness was duly sworn; that the
12 questions and answers were taken down stenotype by the
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said Reporter-Notary, approved and agreed to, and
14 afterwards reduced to computer printout under the
15 direction of said Reporter to the best of said
16 Reporter's ability.
17 I further certify that the proceedings and
18 evidence are contained fully and accurately in the
19 notes taken by me on the within deposition, and that
20 this copy is a correct transcript of the same.
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In testimony whereof, I have hereunto
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inscribed my hand this
28th day of March, 2006.
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Trac . . Lee
Court Reporter-Notary Public
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COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Tracy L. Lee Notary Public
Hampton T~.. Cumberland County
My Commission Expires Nov. t 2, 2007
IN RE: PATRICIA A.
EICHELBERGER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
an incapacitated person
NO.
On the Petition of Robert D. Eichelberger
PETITION FOR APPOI~NT OF GUARDIAN 0 THE
PERSON AND ESTATE OF AN ALLEGED INCAPACITAT D PERSON
TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT:
NOW COMES, Petitioner, Robert D. Eichelbergei, by and
through his attorneys, Jennifer B. Hipp, Esquire, and James D.
Bogar, Esquire, and files the within Petition for Appointment of
Guardian of the Person and Estate of an Alleged Incapacitated
Person, and in support thereof, avers as follows:
1. Patricia A. Eichelberger, the alleged incapacitated
person, currently resides at the Church of God Home, 801 North
Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013.
She is forty-seven (47) years old, her date of birth being
September 28, 1958.
2. Patricia A. Eichelberger is a single individual, never
having been married.
3. Patricia A. Eichelberger is not a patient in a mental
hospital.
4. The Petitioner is Robert D. Eichelberger, of 182 Chain
Saw Road, Dillsburg, Pennsylvania 17019, and he i~_:t;bE; :bt:.bitn@r of
Patricia A. Eichelberger.
Patricia A. Eichelberger has no
r n I lId t...., n~ I Q'1i"t7
b t, : I l\ - ! G 0.':':.1 ,1U:3v
children.
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5. The names and addresses of those persons who would be
the intestate heirs (or next of kin) of Patricia A. Eichelberger
are as follows: Evelyn G. Eichelberger (mother), df the Church of
God Home, 801 N. Hanover Street, Carlisle, Pennsy~vania 17013;
Deanna E. Miller (sister), of 3037 Appledale Road,i Audobon,
Pennsylvania 19401; Charles H. Eichelberger (brottler), of 140
State Road, Mechanicsburg, Pennsylvania 17050; RoBert D.
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Eichelberger (brother), of 182 Chain Saw Road, Di~lsburg,
Pennsylvania 17019; Susan Cournoyer (sister), of ~634 Quincy
Adams Drive, Herndon, Virginia 20171; Gary L. Eic~elberger
(brother), of 606 S. Arch Street, Mechanicsburg, ~ennsylvania
17055; and David M. Eichelberger (brother), of 455 Lake Meade
Drive, East Berlin, Pennsylvania 17316.
6. The names and addressees of the person ot institutions
providing residential services to Patricia A. Eic~elberger are as
follows: Church of God Home, 801 North Hanover Street, Carlisle,
Pennsylvania 17013.
7. The names and addresses of other service providers are
as follows: None.
8. Her primary physician is:
Dr. Darryl K. Guistwite, D.O.
Guistwite Family Practice
522 S. Pitt Street
Carlisle, PA 17013
9. Patricia A. Eichelberger is not, nor has she ever been,
a member of the Armed Services of the United States and is not
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receiving benefits from the United States Veterans
Administration.
10. The Petitioner asks that he, Robert D. Eichelberger, be
appointed as Guardian of the person and estate of Patricia A.
Eichelberger. The proposed guardian is the brother of Patricia
A. Eichelberger.
11. The proposed guardian has no interests Which are
adverse to the interests of Patricia A. Eichelberger.
12. Petitioner believes, and therefore aver$, that no Court
has ever assumed jurisdiction in a proceeding to ~etermine
whether Patricia A. Eichelberger is incapacitated.
13. Petitioner believes, and therefore aver$, that Patricia
A. Eichelberger has not previously had a guardian appointed, nor
is a guardianship hearing pending in any other jutisdiction.
14. The reasons why this guardianship is being sought are
as follows: Patricia A. Eichelberger is not able to manage her
financial affairs or to make decisions regarding fuer health
care/medical decisions, due to Down's Syndrome.
15. The functional limitations and physical mental
condition of Patricia A. Eichelberger are: Patritia A.
Eichelberger is not able to manage her financial affairs, nor is
she able to make competent decisions as far as her welfare is
concerned. Patricia A. Eichelberger is not able to communicate
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very well, nor is she able to perform any of her activities of
daily living without total assistance.
16. The following steps have been taken, in order to find a
less restrictive alternative to the appointment ot a guardian:
Patricia A. Eichelberger is not competent to execute a Power of
Attorney. patricia A. Eichelberger's mother, Evelyn G.
Eichelberger, has been assuming care for Patricia A.
Eichelberger, but given her age, 83, this is becoming an
increasingly difficult responsibility for her. No less
restrictive alternatives are available to adequately provide for
the physical and financial care of Patricia A. Eichelberger.
17. The Petitioner requests that the guardian be granted
powers to act for patricia A. Eichelberger in the following
specific areas: financial management and medical and health care
affairs including care and placement decisions, access to all
medical records and power to make all decisions regarding medical
treatment and life support.
18. The proposed guardian has the following qualifications:
The proposed guardian is the brother of Patricia A. Eichelberger.
The proposed guardian loves and cares for his sister.
19. The gross value of the Estate of Patricia A.
Eichelberger is approximately Ninety-Seven Thousand Dollars
($97,000.00). Patricia A. Eichelberger's net income from all
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sources totals approximately Eight Hundred Eighty-One Dollars
($881.00) per month.
Petitioner respectfully requests that the Court, under
Section 5511 of the Probate, Estates and Fiduciaries Code, issue
a Citation to Patricia A. Eichelberger, Patricia A.
Eichelberger's next of kin, Church of God Home, a~d to such other
persons as the Court directs, to show cause why Patricia A.
Eichelberger should not be adjudged to be an incapacitated person
and plenary guardian of her person and estate be appointed.
Respectfully submitted,
LAW OFFICES OF JAMES D. BOGAR
Date:
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n fer B. Hlpp, Esqulre
Pa. I.D. No. 86556
One West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Date: J.t)4lC'
, Esquire
9475
One West Main Streeit
Shiremanstown, PA 17011
(717) 737-8761
Attorneys for Petitioner
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COMMONWEALTH OF PENNSYLVANIA:
SSe
COUNTY OF CUMBERLAND
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On this, the 1St/.- day of ~~ ' 2006, before
me, a Notary Public, personally appeared ROBE~D. EICHELBERGER,
known to me or satisfactorily proven to be the person whose name
is subscribed to the within instrument, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
(l~( ~
Notary Pu~lic ·
My Commission Expires:
NOTARIAL SEAL
SHIR~~~~:OGAR. NOTARY ~BLlC
MY COMMISSIO~ B&~PRE~~~t.~~~~go~o.
VERIFICATION
I verify that the statements made in this Petition are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: February 18, 2006
R~ger