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HomeMy WebLinkAbout97-00162 .. 9. The Petitioner askS that Neighborhood Services of Lancaster, Inc. looa.ted at 100 South Queen Street, Lancaster, PA 17603 be appointed as limited guardian of the person. 10. Petitioner is aSking that the aforesaid be appointed guardian for the purpose of being able t.o make medical decisions for the alleged incapacit.ated person if the need in the future should ever arise and for the purpose of making funeral arrangementS for the alleged incapacitated person. 11. The proposed Guardian has no interest which is adverse to Lillian Trombino. 12. There. are no fami ly members or close friends of Lillian Trombino who are available and qualified to serve as guardian. 13. A power of Attorney would be Ii less restrictive alternative than the appointment of a guardian, however, Lillian Trombino lacks the mental capacity necessary to appoint a power of attorney. Amelia Trombino previoUSly had Power of Attorney but she died in 1987. 14. No Court has ever: received jurisdiction in. a procee#ng to determine whether Lillian Trombino is incapacitated. 15. Lillian Trombino does not already have a guardian. 16. Because of her impaired mental condition, Lillian TrombinO lacks the capacity to provide for her own general care, maintenance and custody, lacks the capacity to designate for herself a place to live and la,oks the capaci ty to provide on her own behalf required consents or approvals necessary for the well being of her person. 17. Lillian Trombino is incapaci.tated as defined in Chapter 55 of the probate, Estates and Fiduciaries Code. 18. The proposed guardian, Neighborhood Services of Lancaster, Inc., is in the business of providing guardianship services and is qualified t.o serve as guardian. 19. The consent of Neighborhood Services of Lancaster, Inc. to serve as limited guardian of the person is attached hereto as Exhibit "A". 20. 'rhe Estate of Lillian Trombino consists of assets valUed at less than $2,000.00. Lillian 'I'rombino receives $235.00 per month social Security income check. 21. In order to establish by way of qualified expert medical testimony the incapacity of Lillian Trombino, a deposition of Dr. Donald B. Freedman has been scheduled for March 31, .1997 at 8:00 a.m. in the Sub-Acute conference room at Blue Ridge Haven convalescent Center West, 7'70 poplar Church Road, camp Hill, PA 17011. - .,- 1-<1""-----_ _...,..-" "'_~" ~-. ... 16. Beoause of her impaired mental oondition, Lillian Trombino lacks the capacity to provide for her own general care, maintenance and custody, lacks the capacity to designate for herself a place to live and lacks the capacity to provide on her own behalf required consents or approvals necessary for the well being of her person. 17. L,illian Trombino is incapacitated as defined in Chapter 55 of the Probate, Estates and Fiduciaries Code. lB. The proposed guardian, Neighborhood Services of Lancaster, Inc., .is i:1 the business of providing guardianship services and is qualified to serve as guardian. 19. The consent of Neighborhood Services of Lancaster, Inc. to serve as limited guardian of the person is attached hereto as l!:xhibit "A". 20. The Estate of Lillian Trombino consists of assets valued at less than $2,000.00. Lillian Trombino receives $235.00 per month Social Security income check. 21. In order to establish by way of qualified expert medical testimony the incapacit.y of l,illian Trombino, a deposition of Dr. Donald B. Freedman has been scheduled for March 31, 1997 at B:OO a.m. in the Sub-Acute conference room at Blue Ridge Haven Convalescent Center West, 770 poplar Church Road, Camp Hill, PA 17011. WHEREFORE. the PetitionE\r respectively requests that the Court, apPoint Neighborhood Servioes of Lancaster, Ino. 1imi tad guardian of the person of 4illian TrOmbino. Respectively Submitted, YOFFE & YOFFE, P.C. /1L,l #) Jrt. E RE N. YOIi!;>E, ESQUIRE -' Attorney for Blue Ridge Haven Convalescent Center West 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975"1838 Attorney ID No. 52933 .; ;"~~:~~~"~\'':''':''~~'~r~%;'~_~''~_~M'i~ ~:.~~~ ._,~,;,~" - -_.' . -.- - - -. --- 1 '1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 l6 l7 18 19 20 21 22 23 24 25 ------~_._-------~--_.._.~._._._-~~...~~_.~~'_.-.--~- 3 MR. YOFFE: Dr. Freedman, this is the time and place set for a deposition in reference to the alleged incapacitated person Lillian Trombino. DONALD B. FREEDMAN, M.D., called as a witness, being duly sworn, testified as follows: EXAMINATION BY MR. YOFFE: Q Dr. Freedman, for. the record can you state your full name, please? A Donald B. Freedman, F-R-E-E-D-M-A-N. Q Dr. Freedman, what is your office address? A My office address is 890 poplar Church Road and that's the Medical Arts Building in Camp Hill. Q Where did you go to medical school? A University of Pennsylvania. Q What year did you graduate? A 1948. Q Did you do an internship after medical school? A Internship at the Harrisburg Hospital. Q Did you do a residency after your internship? A I started at the University of pennsylvania Graduate School of Medicine in 1949 and '50 and in their () 1 2 3 4 5 --.,----.- 7 of that dementia be slight, moderate, or severe? A Severe. Q What is Ms. Trombino'S prognosiS for the future? A poor. Can Ms. Trombino based on her mental incapacities Q 6 that you just testified to make medical decisions for 7 her.sslf based on logical and rational thought processes? 8 A Not at all. 9 Q Can Ms. Trombino based on the mental incapacities 10 that you just testified to make decisions concerni.ng her own 11 health and safety based on rational and logical thought 12 processes? o 13 14 l5 16 17 18 19 20 21 22 23 24 25 A Q NO. Because of her mental incapacitieS, pro Freedman, can Ms. Trombino adequately plan for her own funeral? A No. Q Do you think a guardian should be appointed for Ms. Trombino? A Yes. Q Why do you say that? A BecaUse her mental incapacity is so poor. She's unable to speak and really was -- was not aware of my presence on either examination. Q Can Ms. Trombino safely be brought into court for a guardianshiP hearing which is going to occur in this case? ........----- 1 ~ 2 3 4 5 6 7 8 9 10 11 12 :j 13 '''''.~-=~ 14 15 16 17 18 19 20 21 22 23 24 0 25 8 A No, she could not safely be taken to the courtroom. Q What would be your primary concern? A She's had episodes of respiratory distress in the pamt. Q Dr. Freedman, is there anything el$e that you would like to add to this deposition regarding Ms. Trombino? A No. MR. YOFFE: Nothin~ further. (The deposition concluded at 8130 a.m.), i' IN REI IN THE COURT OF COMMON PLEAS OF CUMBERLA~ID COUNTY, PENNSYLVANIA :' ~ILLI^N TROMBINO, an alleqed incapacitated person ORPHANS' COURT DIVISION NO. 21-97-162 On the Petition of Blue Ridge Haven Convalescent Center Westl NOTICB REGARDIN~ REPRBSENTATION OF AIJLBGED_INCAPACITATBD PERSON TO THE HONORABI.E GEORGE E. HOFFER I In conformity with the statute, 20 Pa.C.S. 65511(a), please take notice that counsel has not been retained by or on behalf of the alleged incapacitated person, and that the hearing to determine this matter is scheduled on May 5, 1997 at 9130 a.m. at the Cumberland County Courthouse. Datel I-rJ 2,{ / q 7 "" 203 .~ n ;.~'1 17:) t-_~ t;;( co ~, Ct. . C::I:' - , N r:I:: , Ii ~ f.,1 c-') W(e 1'-. .: ,- Ct:' P, dd co '- . LILLIAN TROMBINO. an alleqed incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21.97.162 IN RE: FINAL ORDER OF CQURT AfrOINTING GUARDIAN AND NOW, this 5th day of May, 1997, a hearing in this case having been held on May 5, 1997, and it appearing to the Court that Dorothy E. Fry was served with a Citation and Notice of this hearing on February 25, 1997, and was present at the hearing, the Court finds the following from the testimony: 1. That Lillian Trombino suffers from dementia. Such condition partially impairs his capacity to meet essential requirements for her physical health, maintenance and safety, 2. That there are insufficient supports available to assist Lillian Trombino in overcoming auch limitatiolls and that thsre exists no less /:estrictive alternative mechanism for decision making than the appointment of a limited guardian of the person. 3. That based on the incapacity of Lillian Trombino to receive /Ind evaluate information and to make or communicate decisions, a limi ted guardian of the person is required on a permanent basis. NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing findings, it is ORDERED, ADJUDGED and DECREED that Lillian Trombino be and is hereby adjudged an incapacitated person and that Neighborhood Services of Lancaster, Inc., is appointed limited guardian of the person. LILLIAN TROMBINO, an incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS'S COURT DIVISION NO. 21.97' 162 IN REI pTATBMBNT or RIG8TS UPON APpOINTMENT or-A-9.0ARDIAN AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TEN (10) DAYS OF THE DATE OF THE COURT'S ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE EVENT THAT YOU FILE EXCEPTIONS, AND THEY ARE DENIED, YOU HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE EXCEPTIONS. IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE TIME TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS A CHANGE IN YOUR CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HIS/HER DUTIES IN ACCORDANCE WITH THE COURT'S ORDER. IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT 'ro MODIFY OR TERMINATE THE GUARDIANSHIP, YOU HAVE THE RIGHT TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT HAVE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU MAY BE PROVIDED AT NO COST TO YOU. BXHIBI'l' "A"