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IN RE:
IN THE COURT OF' COMMON PLEAS
CUMBERLAND COUN'fY, PENNSYLVANIA
.
MARGARET H. LOWS'fETTER,
AN ALLEGED INCAPACITATED
PERSON
ORPHANS' COUR'I' DIVISION
NO. 21-97-166
DEPOSITION OF: DONALD B. FREEDMAN, M.D.
TAKEN BY: PETITIONER
BEFORE: SHERR I A. REITANO, REPORTER
NO'l'ARY PUBLIC
DATE: MARCH 31, 1997, B:15 A.M.
PLACE:
BLUE RIDGE HAVEN WEST
SUBACUTE CONFERENCE ROOM
770 POPLAR CHURCH ROAD
CAMP HILL, PENNSYLVANIA
f~'
APPEARANCE:
YaFFE & YaFFE, P.C.
BY: JEFFREY YOFFE, ESQUIRE
FOR - PETITIONER
~ PETITIONER'S
IS!':I {:
ALSO PRESENT:
SIMONE SEWELL
.
ARCHIVE REPORTING SERVICE
2336 N, Second Street (7 17) 234 - 5922
Harrisburg, PA 17110 FAX (717) 234-6190
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MR. YOFFE: Dr. Freedman, this is the time and
place set for a deposition in reference to the alleged
incapacitated person Margaret H. Lowstetter.
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 B90 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'l
A 194B.
e Did you do an internship after medical school?
A Internship at the Harrisburg Hospital.
Q Did you do a res idency after your internship?
A I started at the University of Pennsylvania
Graduate School of Medicine in 1949 and '50 and in their
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But my responsibilities for approximately 350 patlents are
still great because of my present activities as medical
director.
o Before six years ago, did you come into contact
on a daily basis or at least several times a week with older
adults who suffer from mental incapacities?
A Yes.
a Was that a fairly common occurrence in your
pract.1ce?
A Yes.
a And again, do you feel that at the present time
based on your past and your training and experience that you
are presently able to evaluate the mental incapacities that
exist or may exist in an older adult?
A Yes.
Q Dr. Freedman, have you reviewed the medical
records of Margaret H. Lowstetter?
A I have.
Q Have you examined Ms. Lowstetter?
A Yes, on two occasions.
Q What were those dates?
A January 31st and March 27th, 1997.
a Do you have a diagnosis for Ms. Lowstetter's
mental condition?
A Ms. Lowstetter suffers from organic brain disease
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A
Yes.
Q
How would you categorize that dementia? Would it
3 be slight, moderate, or sever'e?
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A
I would Bay moderate to severe.
Q
What is Ms. Lowstetter's prognosis for the
6 future?
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A
Poor.
Q
Can Margaret Lowstetter make medical decisions on
9 her own behalf based on logical and rational thought
10 processes?
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A
No.
Q
Can Margaret Lowstetter make decisions concerning
her own health and safety based on logical and rational
14 thought processes?
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A
No.
Q
Can Margaret Lowstetter because of the
17 incapaci ties that you just testified to adequately make
lB arrangements for her own funeral?
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A
No.
Q
Dr. Freedman, do you thinK that a guardian should
21 be appointed for Ms. Lowstetter?
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A
Yes.
Q
And why do you say that?
A
Because she has nobody to help make her
decisions. She can't adequately make any real decisions on
,
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COUNTY OF DAUPHIN
SS
COMMONWEALTH OF PENNSYL.VANIA
I, Sherri A. Reitano, Notary Public, authorized to
administer oaths within and for the Commonwealth of
Pennsylvania and take depositions in the trial of causes, do
hereby certify that the foregoing is the testimony of
DONALD B. FREEDMAN, M.D.
I further certify that before the taking of said
depOsitions, the witness was duly sworn; that the questions
and answers were taken down stenographically by the said
Sherri A. Reitano, Notary Public, approved and agreed to,
and afterwards reduced to typewriting under the direction of
the said Reporter.
I further certify that the proceedings and evidence
are contained fully accurately in the notes taken by me on
the within depositions, and this copy is a correct
transcript of the same.
In testimony whereof, I have hereunto subscribed my
hand this 15th day of Apdl, 1997. "
Ul t; , . (( I~l;{c,:=-
Sherri A. Reitano
Notary Public
My commission expires
on August 2B, 1999.
l Notarial Seul
, Shorrl A. Rellano, Notary Publlo
Harrisburg, Dauphin County
My Commlsolon [,plrtls Aug. 26, 1999
Mtimber, PoonsylvanklAssociallon 01_
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('
MARGARET H . LOWSTETTER ,
an alleged incapacitated
person
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21.97.166
IN REI
FINAL ORDER OF COURT APPOINTING GUARDIAN
AND NOW, this 5th day of May, 1997, a hearing in this caee havIng
been held on May 5, 1997, and it appearing to the Court that Margaret H.
Lowstetter was served with a Citation and Notice of this hearing on
February 26, 1997, and was present at the hearing, the Court finds the
following from the testimony:
1. That Margaret H. Lowstetter suffers from dementia. Such
condition partially impairs her capacity to meet essential requirements
for her physical health, maintenance and safety.
2. That there are insufficient supports available to aseiet
Margaret H. Lowstetter in overcoming such limitations and that there
exists no less restrictive alternative mechanism for decision making than
the appointment of a limited guardian of the person.
3. That based on the incapacity of Margaret H. Lows tetter to
receive and evaluate information and to make or communicate decisions,
a limited guardian of the person is required on a permanent basis.
NOW, THEREFORE, based on the clear and convincing evidence
supporting the forsgoing findIngs, it is ORDERED, ADJUDGED and DECREED
that Margaret H. Lowstetter be and is hereby adjudged an incapacitated
person and that Neighborhood Services of Lancaster, Inc., is appointed
Umi ted guardian of the person.
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Neiqhborhood services of Lancaster, Inc., beinq tho li.mited
guardian of tho person, shall have full author! ty to make medical
decisions for Margaret H. Lowstetter, to make funeral arranqements for
Marqaret H. Lowstetter, to consent to the general care, maintenance and
custody of Margaret H. r,owstetterl shall. have the authority to desiqnate
a place for Margaret H. Lowstettor to livel shall have the authority to
provide required consents or approvals on behalf of Marqaret H.
l,owstetter which are necessary for the well being of her person/ shall
assure that Margaret H. Lowstetter receives appropriate servicesl and
shall, if reasonably possible, assis t Margaret H. Lowstet ter in
developing self reliance and independence.
Margaret H. Lowstet ter, an incapaci tated person, has the right
to appeal this Order of Court by filing exceptions within ten (10) days
of this date or to petition this Court for a review hearing to modify or
terminate the guardianship herein established. In consideration af
Margaret H. Lowstetter not being present at the guardianship hearing held
on today's date, it is hereby Ordered that petitioner shall serve upon
and read to Margaret H. Lowstetter the Statement of Rights, a copy of
which is attached to this Order as Exhibit "A", and file proof of such
service with this Court within ten days.
,J.
foo.brh
6. Margaret H. I.owstetter had five children. One child died
in infancy, the identity of one chHd is unknown and three
childrer., Dolores Kline, Warren l.owstetter and Clarence Lowstetter
have unknown whereabouts.
7. Margaret H. Lowstetter had five brothers and sisters.
The whereabouts of one eister, Dawn Shirey, are unknown. Brother
Walter Hamilton resided at R-109 Alpine Boulevard, Pittsburgh,
pennsylvania 15123 as of 1981. petitioner does not have an address
for Walter Hamilton after lq81 and to the best of their knOWledge
he has not had any contact with Margaret H. Lowstetter since she
has been residing in Blue Ridge Haven Convalescent Center West.
The identities of Margaret H. Lowstetter's other brothers and
sisters are unknown.
8. Margaret H. Lowstetter was never in the Military
Services and is not receiving benefits from the United States
Veterans Administration.
9. The Petitioner asks that Neighborhood Services of
Lancaster, Inc. located 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 to make medical decisions
for the alleged incapacitated 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 Margaret H. Lowstetter.
12. There are no family members or close friends of
Margaret H. Lowstetter who are available and qualified to serve as
guardian.
13. A Power of Attorney would be a less restrictive
alternative than the appointment of a guardian, however, Margaret
H. Lowstetter lacks the mental capacity necessary to appoint a
power of attorney.
14. No Court has ever received jurisdiction in a proceeding
to determine whether Margaret H. LowS tetter is incapaci tated.
15. Margaret H. Lowstetter does not already have a
guardian.
16. Because of her impaired mental condition, Margaret H.
Lowstetter 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. Margaret H. Lowstetter is incapacitated 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 to serve as guardian.
\\
MARGARET H. LOWSTETTtR.
o.n alleged incapacitated
person '
IN THE COURT OF COMMON PLEAS
OF CUMBERLI\NO COUNTY.
PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-97.166
IN REI
PROOF OF SERVI~
The undersigned certifies that on the 5th day of May 1997 she
served and reo.d to the above captioned incapacitated person the
Guardianship Order which was entered by the Court in this matter on May
5. 1997.
Blue Ridge Haven Convalescent Center West
() - '..r' li?~'- (;~jl)
~Bernstein
social Worker
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At the hearing, you have the right to appear, to be
represented by an attorney, and to request a jury trial. If you do
not have an attorney, you have the right to request the Court to
appoint an attorney to represent you and to have the attorney's
fees paid for you if you cannot afford to pay them yourself. You
also have the right to request that the Court order that an
independent evaluation be conducted as to your alleged incapaci ty.
If the Court decides that you are an Incapacitated Person,
the Court may appoint a Guardian for you, based on the nature of
any condition or disability and your capacity to make and
communicate decisions. The Guardian will be of your person and/or
your money and other property and will have either limited or full
powers to act for you.
If the Court finds you are totally incapaci ta ted, your legal
rights will be affected and you will not be able to make a contract
or gift of your money or other property. If the Court finds that
you are partially incapacitated, your legal rights will also be
limited as directed by the Court.
If you do not appear at the hearing (either in person or by
an attorney representing you) the Court will still hold the hearing
in your absence and may appoint the Guardian requested.
By:
Clerk, Orphans' Court
6. Margaret H. I.,owstetter had five children. One child died
in infancy, the identity of one child is unknown and three
children, Dolores Kline, Warren Lowstetter and Clarence Lows tetter
have unknown whereabouts.
7. Margaret H. Lowstetter had five brothers and sisters.
The whereabouts of one sister, Dawn Shirey, are unknown. Brother
Walter Hamilton resided at j<-109 Alpine Boulevard, pittsburgh,
Pennsylvania 15123 as of 1981. Petitioner does not have an address
for Walter Hamilton after 1981 and to the best of their knOWledge
he has not had any contact with Margaret H. Lows tetter since she
has been residing in Blue Ridge Haven Convalescent Center West.
The identities of Margaret H. Lowstetter's other brothers and
sisters are unknown.
8. Margaret H. I,owstetter was never in the Military
Services and is not receiving benefits from the United States
Veterans Administration.
9. 'rhe peti tloner asks tha t Neighborhood Services of
Lancaster, Inc. located 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 to make medical decisions
for the alleged incapaci tated 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 whicll is adverse
to Margaret H. Lowstetter.
12. There are no family members or close friends of
Margaret H. Lowstetter who are available and qualified t~ serve as
guardian.
13. A Power of Attorney would be a less restrictive
alternative than the appointment of a guardian, however, Margaret
H. Lows tetter lacks the mental capaci ty necessary to appoint a
power of attorney.
14. No Court has ever received jurisdiction in a proceeding
to determine whether Margaret H. Lowstetter is incapacitated.
15. Margaret H. Lowstetter. does not already have a
guardian.
16. Because of her impaired mental condition, Margaret H.
Lowstetter 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. Margaret H. Lowstetter is incapacitated as defined in
Chapter 55 of the Probate, .Estates and Fiduciaries Code.
18. The proposed guardian, Neighborhood Services of
Lancaster I Inc., is in the business of providing guardianship
services and is qualified to serve as guardian.
.
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