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HomeMy WebLinkAbout96-00144 "'. ',..,' " -.'1 .'. ~~~ :;", ',' ~. ".:: '~ ;.. i.' ;~;>:::;, , . ',' ~ r~ .., ~~! t , ",. -, '. . ~ . f , , . '~~;:::);' ,. .. 1,'. , '--\ . .~ ~ < . ., -..... '::'r'., '. ,;....\ . - . I ", ~ _:.',: .. ." :"i~': '. ".," , .,. ~{ " .: ,",- -', " , ,.. ',. ", .:,,,", 'f;. , "t' :,:{:.,' I" .'~ ~ .... ,. ,,' ;' "'-r,"., ~ / '. '.'/ \.. \ "'f ",: '. IN RE DORIS J. KAUFFMAN, by PETER L. KAUFFMAN, her son IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. ~/~qlo-I'I'I AND NOW, PRELIMINARY DECREE POR GUARDIAN this ~day Of~, 1996, to judicially resolve petitioner's request for the appointment of guardian, the court does hereby ORDER and DECREE the following: 1. The court hearing on the attached Petition is scheduled for the lIiMday of fjPII./L , 1996, at ~ :()() o'clock L.m. The hearing will be held before Judge SAI; J IJ in courtroom No. ~ located in the Cumberland County Courthouse in Carlisle, Pennsylvania. 2. The court directs the issuance of an appropriate citation with rule to show cause why the above-captioned individual should not be adjudged an incapacitated person and why the court should not appoint appropriate guardian. 3. Petitioner shall cause to be served by personal service the Citation and Petition with attached Notice upon the alleged incapacitated person at least twenty (20) days prior to the court hearing. The contents and terms of the petition and the notice shall be explained to the maximum extent possible in language and terms the alleged incapacitated person is most likely to understand. An affidavit of service shall be filed before the hearing or offered as exhibit at the beginning of the court hearing. 4. All the children of Doris J. Kauffman have all acknowledged notice of the petition and have waived further notice of the hearing, but shall be given by personal service or ordinary mail to all children who are sui juris and would be entitled to share in the estate of the alleged incapacitated person's estate if she died intestate. 5. Petitioner shall notify the court, in writing, at least seven (7) days prior to the court hearing if counsel has NOT been retained by or on behalf of the alleged incapacitated person. This notice shall also contain all pertinent information which indicates whether or not counsel should be appointed to represent the alleged incapacitated person. 6. The alleged incapacitated person shall be present at the court hearing unless it is established that her physical or mental condition would be harmed by her presence, or it is impossible for her to be present because of her absence from the Commonwealth. BY THE COURT, /" I ~\ I=? . 51~// J.1 ATTEST: " "I~-qll '- Co~t'~~ J. ~ tJtit.'" J) (Pt." f\ 'V IN RE: DORIS J. KAUFFMAN, by PETER L. KAUFFMAN, her Son IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 1996 PINAL DECREE AND NOW, this jt!!day of /fryJav{C 1996, upon consideration of the annexed petition and after hearing held following due notice, it is hereby ORDERED and DECREED that, based upon a finding that Doris J. Kauffman suffers from Alzheimer's Disease and, as a result, is so severely mentally impaired that she is unable to make, communicate or participate in any decision relating to her person, Doris J. Kauffman is adjudged totally incapacitated, Peter L. Kauffman is appointed plenary guardian of the person of Doris J. Kauffman. Within 12 months of the date of this decree and at least annually thereafter, the respective guardian shall file with this Court a report which shall include all information as required pursuant to 20 Pa. Cons. Stat. Section 5521(c). Doris J. Kauffman has twenty (20) days from the date of this decree to file exceptions. Failure to file exceptions within that time will result in this decree becoming final. Doris J. Kauffman has been advised of her right to appeal and to petition to modify or terminate the guardianship by copy of this decree and by the Statement of Rights attached hereto. J. IN RE: DORIS J. KAUFFMAN, by PETER L. KAUFFMAN, her Son IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 1996 PETITION POR ADJUDICATION OP INCAPACITY AND APPOINTMENT OP LIMITED GUARDIAN OP THE ESTATE AND PERSON IN ACCORDANCE WITH 20 PA. CONS. STAT. 55511 TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW, comes the Petitioner, Peter L. Kauffman, the son of Doris J. Kauffman, the alleged incapacitated person, by his attorneys, Hepford, Swartz & Morgan, states the following: 1. Petitioner is the son of Doris J. Kauffman, the alleged incapacitated person, and resides at Box 458, Lewisberry, Pennsylvania 17339. 2. Doris J. Kauffman, the alleged incapacitated person, was born on April 25, 1929, is 67 years of age, divorced, and resides at 302 16th Street, New Cumberland, Pennsylvania 17070. 3. The following persons are to the best of petitioner'S knowledge, information and belief the only living next-of-kin of the said Doris J. Kauffman: James D. Kauffman resides at 25 Muligan Drive, Etters, Pennsylvania. William H. Kauffman, married and resides in Seattle, Washington. Julie A. VanDoren, married and resides in Indiana, Pennsylvania. Jeanne M. Irwin, married and resides in sharon Springs, New York. Ann L. Davis, married and resides in Stewartstown, Pennsylvania. Stephen P. Kauffman resides in Salt Lake City, Utah. 4. The said Doris J. Kauffman is presently at Holy spirit Hospital, Cumberland County. 5. To the extent known by petitioner, the assets of the said Doris J. Kauffman are valued at approximately $180,850.05, comprising the following: $25.00 (savings), $25.21 (savings), -$118.96 (checking), $2,083.39 (IRA-Principal Mutual Life, and $862.42 at Members 1st Bank; $727.99 at Dauphin Deposit Bank; 4,554.491 shares of Van Kampen U. S. Government Fund, valued at $68,310.00; the personal residence at 302 16th Street, New Cumberland, Pennsylvania and valued at $100,000.00. 6. Petitioner estimates the oaid Doris J. Kauffman's annual income to be $8,600.00, including current monthly Social Security benefits of $335.00. 7. The said Doris J. Kauffman was not a member of the armed services of the United States and is not receiving benefits from the United States Veterans' Administration. 8. The said Doris J. Kauffman suffers from Alzheimer's Disease. A copy of a report by Maria Michalek, M.D. is attached hereto, marked Exhibit "A", and incorporated herein by reference. 9. Because of her mental and/or physical condition, the said Doris J. Kauffman is totally unable to manage her financial affairs, property and business, and to make and communicate responsible decisions relating thereto, including the ability to communicate her need for assistance in this area. The effect of the illness has been determined at this point to be irreversible. she is unable to communicate the effect of her mental capabilities which has been deemed to be permanent which will not allow her to care for her financial or health needs in the future. 10. Because of her impaired mental and/or physical condition, the said Doris J. Kauffman lacks the capacity to make or communicate responsible decisions concerning her person. The said Doris J. Kauffman is unable to speak, retain memory or keep herself properly nourished, hydrated or to make her own living arrangements or seek needed medical services. We have determined after diligent search that there is no power of attorney and the petitioner and attorneys described herein believe that the said Doris J. Kauffman is unable to sign a power of attorney, which would be the more desirable and less restrictive means of handling the matter. 11. The sudden incapacitation led to no ability to utilize a power of attorney in time to have the said Doris J. Kauffman sign the same with capacity. Therefore, there is no viable, less restrictive alternatives, which necessitate that a plenary guardian of her estate be appointed to manage and handle all aspects of the said Doris J. Kauffman's estate, specifically including, but not limited to: all issues relating to her cash, checks, and any bond or savings accounts held in her name, her stocks and bonds, her personal property, her real estate, her life and other insurance which she is a beneficiary, her entitlement to the governmental or non-governmental benefit plans, federal, state and local taxes, claims made or to be made on behalf of her or against her, the execution of documents, entry into contracts affecting her and the payment of reasonable compensation or costs to provide services for her. 12. The petitioner is not aware that the said Doris J. Kauffman signed any powers of attorney or advance health care directives or in any other way designated anyone to serve as her agent over any of her personal or financial affairs or as her surrogate over her medical care, or that she designated in writing her wishes in regard to health care, including the use or refusal of life-sustaining treatment. All of the children have been at Holy Spirit Hospital and have personally observed their mother. They are all in agreement with the petitioner herein. 13. The proposed plenary guardian of the person of the said Doris J. Kauffman is Peter L. Kauffman, a son of the said Doris J. Kauffman, who resides at Box 458, Lewisberry, Pennsylvania 17339. 14. The proposed plenary guardian of the person is 45 years of age and is employed to the Department of Defense, Naval Inventory Control Point in Mechanicsburg, Pennsylvania. The proposed plenary guardian of the person is a High School graduate with some college education. 15. The proposed plenary guardian has no interest adverse to the said Doris J. Kauffman. 16. The consent of the proposed plenary guardian is attached as Exhibit "B". '." Exhibit B 'U01S1h~adns ~no~~lM ah11 ~aBuol ou ue~ a~s 'sa1~ln~1;J;J1P ~~aads ~o walqo~d A.Iowaw ~a~ wo~;J ~ahO~a~ O~ pa~~adxa ~ou sl uew;J;Jne~ 'r sl~oa '~ood :SMollo;J SE sl SlsouBo~d AW 'aseas1a s,~aw1a~zlV o~ A.Iepuo~as walqo~d A~owaw ~ua~a~ a~ahas pasodw1~adns ~~lM '~lsE~de sl uEw;J;Jne~ . r sl~oa 'Sl~He~da~ua xaldw1s sad~a~ ;Jo slsouBe1P e ~~lM aseas1a s,~aw1a~zlV wo~;J s~a;J;Jns uew;J;Jne~ 'r sl~oa :sMollo;J SE sl slsouBe1P AW 'uos~ad a~~ ;Jo u01~eu1wexa leuos~ad e uo U01U1do AW paseq ahe~ I 'Bu1~ea~ ~~no~ a~~ ~e a~uepua~~e ~a~ Aq pue woo~~~no~ a~~ o~ u01~e~~odsue~~ a~~ Aq paw~e~ aq PlnoM u01~lpuo~ le~uaw ~o le~lsA~d ~aq U01~do leuo1ssa;Jo~d AW u1 asne~aq asnoq~~no~ A~UnO;) puel~aqwn~ a~~ u1 BU1~eaq ~~no~ aq~ pua~~e ~ou Plno~s uos~ad pa~e~1~ede~u1 paBalle o~ pa~~a;Ja~ ahoqe aq~ ~e~~ aha11aq I A~u1e~~a~ le~lpaw ;Jo aa~Bap alqEuosea~ e u1q~lM ~eq~ w~l;J;Je ~o ~eaMs Aqa~a~ op I 'teG! a~u1s e1uEhlAsuuad u1 a~l~~e~d o~ pasua~11 uaaq ahe~ I 'ue1~lsA~d pasua~11 e we "a'w '~aleq~lW e1~ew 'I ~NI~3H ~~nO;) WO~d 'NOS~3d a3~V~I;)VdV~NI a3~3~~ NV 'NVWddnv>> 'r SI~Oa 3Sn~X3 O~ ~I^VaIddV ~.'_ ,-,. _aO .... 00" 0_.._. c. r!:.. ~t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ( -----------------------x I IN REI DORIS J. KAUFFMAN . . ORPHANS' COURT. DIVISION NO. 21-96-144 . , I I -----------------------x Deposition of MARIA MICHALEK, M.D. 890 Poplar Church Road Camp Hill, PA March 7, 1996 11110 a.m. c , APPEARANCES I ... ~ , HEPFORD, SWARTZ & MORGAN 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 BYI JAMES G. MORGAN, JR., ESQ. ! . I , For - Doris Kauffman ~ LEARY REPORTING L12 West Main Street, Ste. Mechanicsburg, Pennsylvania 200 17055 (717) 233-2660 Fax (717) 691-7768 , tI:':;; 'DI!f1fl' l..H.lt&X WITNESS EXAMINATION BY PAGE Maria Michalek Hr. Morgan 3 I ., .. , '. . " , , , ~,~:!i!" ~ :~.- ...... ~ ,. 1 I' I .... 3 1 PROCEEDINGS c.... :' 2 MARIA MICHALEK, M.D., having been 3 duly sworn by Denise L. Travis, Notary Public, 4 was examined and testified as follows: 5 6 MR. MORGAN: This is a deposition 7 for purposes in regard to Doria L. 8 Kauffman for tho purpose of determining 9 her capacity and the necessity of a 10 guardianship. 11 12 EXAMINATION BY MR. MORGAN: c 13 Q Would you state your name for the 14 record, please? 15 A I am Dr. Maria Michalek, 16 M-i-c-h-a-l-e-k. 17 Q What is your specialty, Doctor? 18 A I am a neurologist. I , 19 Q And did you have occasion to have ~o Doris Kauffman as a patient of yours? 21 A Yes. Mrs. Kauffman is my patient 22 since May of 1995. 23 Q And you are aware that the family , 24 has filed for guardianship for Doris Kauffman? 25 A I am. . 6 C E R T I F I CAT E ~~:j I, Denise L. Travis, the officer before 1 I , whom the within depooition(s) was taken, do hereby certify that the witness whose testimony appears in the foregoing depositionn was duly sworn by me on said date anu that the transcribed deposition of said witnoss is a true record of the testimony given by said witness; That I am neither attorney nor counsel, t I ! That the proceeding is herein recorded fully and accurately; 1j1lTI,,~. ~J' nor related to any of the parties to tha action in which these depositions were taken, and further that I am not a relative of any attorney or counsel employed by the parties hereto, or financially interested in this action. t , i ~~.~ruM Denise L. Travis, Reporter Notary Public in and for the Commonwealth of Pennsylvania .... ~' : ~.. . , My commission expires April 20, 1998 ,. ~ I .5!a N ,cl! ;:- a~g5 ~~ BO:d:JI~;: · ~ i! d I jlll!a: C" Z d - .. 0= = ill- ~ 11 CJ = :: :c :~~; . .0.._.". ... .. .. s:.: . ~ .... !" ...... '. ~ ~ , . . . e-'