HomeMy WebLinkAbout01-1071
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY PENNSYLVANIA
IN RE: Paul E. Haigh
A'N ALL~ED
IN CkfA:C 11Air0,
: DOCKET NUMBER:
~J- .01- lOll
: EMERGENCY GUARDIANSHIP
ORDER OF COURT
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AND NOW THIS ~ Day of November 2001, it is hereby dete'rmined that Paul
E. Haigh is incapacitated from making appropriate medical decisions on his behalf. It is
ordered that David F. Tamanini, Esq. shall be appointed guardian of the person of Paul E.
Haigh for the purpose of providing medical decision making op b~ha)f of MtHaigh~hiS I J
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guardianship shall be in force UBtil ~Ith~fllbl:;:.l 27, 26M unless extendod by furthor ordor ef
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY PENNSYLVANIA
IN RE: Paul E. Haigh
: DOCKET NUMBER:
: EMERGENCY GUARDIANSHIP
EMERGENCY PETITION FOR TEMPORARY GUARDIANSHIP OF THE PERSON
AND NOW Comes, Carlisle Regional Medical Center by and through its counsel,
Farrell & Ricci, P.C. by Joseph A. Ricci, Esq., and requests that this Honorable Court to
enter an order granting an emergency limited guardianship of th~~J"so:Il for Mr. Paul E.
Haigh for the following reasons:
1. The alleged incapaciated person is Mr. Paul E. Haigh an adult male aged 79.
2. Mr. Haigh is currently a patient at the Carlisle Regional Medical Center.
3. Prior to his hospitalization, Mr. Haigh resided at 416 First Street Carlisle, PA
17013.
4. The only known relative of Mr. Haigh is an alleged niece whose name is Susan
Potts, telephone number 545-3628, 516 Ryan Drive Harrisburg, PA 17112-2244. Attempts
to contact Ms. Potts to advise her of the situation and the need for the appointment of a
guardian have been unsuccessful.
5. Currently Mr. Haigh is receiving medical services at the Carlisle Regional
Medical Center, 246 Parker Street, P.O. Box 4100, Carlisle, PA 17013.
6. Prior to his admission to the hospital, Mr. Haigh was receiving residential
services from Hospice Preferred Choice, 4811 Jonestown Road, Harrisburg, PA 17112,
as well as the Cumberland County Office of Aging, Carlisle, PA 17013.
7. The petitioner requests that this Honorable Court appoint David F. Tamanini,
Esq., P.O. Box 6206, Harrisburg, PA 17112 as temporary guardian of the person of Mr.
Haigh.
8. Attorney Tamanini provides guardian and power of attorney services to the
central Pennsylvania region. (See Description of Guardianship service provided attached
hereto as Exhibit "A.")
9. Attorney Tamanini does not have any interest that is adverse to the interests of
Mr. Haigh, the alleged incapacitated person.
10. The emergency temporary guardianship of the person is necessary for the
following reasons:
a) Mr. Haigh is an elderly gentleman who lives alone in public assistance
housing.
b) Because of his limited financial means, Mr. Haigh lacks the ability to seek
private placement for his medical needs.
c) The only family member who is known to exist is a niece who resides in
the Linglestown area of Harrisburg.
d) Mr. Haigh has had no contact with his niece for an extended period of
time.
e) Mr. Haigh's niece has previously stated that she has no desire to
participate in decision making concerning her uncle.
f) There are no family members or friends who can provide for surrogate
decision making on Mr. Haigh's behalf.
g) The Cumberland County Area on Aging has refused to become involved in
the care of Mr. Haigh on the grounds that Mr. Haigh refused to sign a form
acknowledging his agreement to participate in their services.
h) Hospice Preferred Care has relinquished responsibility for the care of Mr.
Haigh upon his admission to the Carlisle Regional Medical Center.
i) At this time there is no other reasonable alternative to effect the proper
care of Mr. Haigh besides the appointment of a temporary guardian of the
person.
j) Mr. Haigh suffers from terminal, metastatic cancer. As a result of the
cancer, Mr. Haigh will suffer from potentially numerous medical
complications which will require an ability to understand the nature of the
complications and how they will be treated. The treatments necessary will
include the need to provide informed consent to permit the medical
treatments.
k) Mr. Haigh has been found by the Carlisle Regional Medical Center staff
psychiatrist, Dr. Rosenthal, to be mentally incompetent and incapable of
making reasonable and meaningful decisions on his behalf. (See Affidavit of
Dr. Rosenthal attached hereto as Exhibit "B.")
1) Mr. Haigh is currently suffering from significant fluid collections in his
lungs and, as a result, is unable to properly breathe. The inability to breathe,
in turn, causes confusion because of a lack of proper oxygenation of the brain.
m) Mr. Haigh's attending physician Dr. Jurgensen, believes it is medically
necessary and appropriate for Mr. Haigh to, in the immediate future, undergo
a bronchoscopy to evaluate the condition of Mr. Haigh's lungs and to alleviate
the effects of any fluid collections. (See affidavit of Dr. Jurgensen attached
hereto as Exhibit "C.")
n) A bronchoscopy is a medical procedure which requires the use of a
bronchoscope, a device which is inserted into the patients bronchial tree to
visually examine the tissues of the bronchus and the lungs.
0) A bronchoscope can also be used to provide treatment to the patient in the
form of removal of tissues and fluids.
p) A bronchoscope can also be used to obtain tissue samples for evaluation in
an effort to determine the necessity and propriety of future medical care.
q) The use of a bronchoscope is an invasive procedure, which requires a
patient's informed consent.
r) Mr. Haigh is incapable of providing his informed consent to undergo the
suggested bronchoscopy.
s) Failure to undergo the bronchoscopy could significantly impair the
physical health of Mr. Haigh since it will be impossible to properly evaluate
and treat the condition giving rise to the fluid collection in the lungs of the
patient.
t) Failure to undergo the bronchoscopy could result in the premature death
of the patient as a result of congestive heart failure.
u) Without the appointment of a guardian, the medical staff of the Carlisle
Regional Medical Center are unable to provide the reasonable and necessary
medical treatments to properly care for Mr. Haigh since the patient is unable
to provide the necessary consents for his continued care.
11. A temporary guardianship will permit the appropriate decision making to take
place in the short term and potentially avoid the premature and unnecessary death of Mr.
Haigh.
12. It is hoped that once Mr. Haigh undergoes the proposed bronchoscopy he will
experience an improvement in his breathing which may permit an increased clarity of
thought from the increase in oxygenation.
13. If Mr. Haigh's medical condition improves the need for a temporary guardian
may cease to exist.
WHEREFORE it is respectfully requested that this Honorable Court issue an order
appointing David F. Tamanini, Esq. temporary guardian of the person of Paul E. Haigh for
the purpose of providing medical decision making authority.
Respectfully submitted,
. .
. .
. .
. .
EXHIBIT A
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EXHIBIT B
11/21/01 16:17 ft7172459198
Nov-21-0~ 02:20P
CACS
. _~o...02
AFFIDAVIT OF DAVID M. ROSENTHAL. M.D.
And nOW this 218' day of November, 20011. Dr. David M. Rosenthal do hereby swear
and affirm:
1. 1 am a physician licensed to practice medicine in the Commonwealth of
Pennsylvania.
2. My medical practice is limited to tbe specialty of psychiatry.
3. On November 16. 20011 performed a psychiatric evaluation of Carlisle Regional
Medical Center patient Paul Haigh.
4. As a result of my psychiatric evaluation. it is my professional opinion, held to a
reasonable degree of medical certainty that Mr. Haigb suffers from dementia, Alzheimer's
type Additionally I believe that Mr. Haigh suffers from delusions.
5. Mr. Haigh does not have an appreciation of the nature ofMs illness nor the
reason for his hospitalization.
6. Mr. Haigh believes he bas been hospitalized because of food poisoning caused
when he was allegedly bathed by Hospice social workers with water retained after cleaning
Mr. Haigh's food dishes.
7. Mr. Haigh is unable to meaningfully participate in his medical decision making.
8. Mr. Haigh suffers from impaired judgment, which prevents him from making
rational and appropriate decisions for his medical care.
9vV'<--
1~/21/01 16:18
Nov-21..01 ~2:20P
t:t7172459198
CACS
~003
9_ Mr. Haigh is unable to meaningfullY pTovide consent for medical procedureR
necessary for his medical well being-
Respectfully submitted,
~,Q lj) MO
Dr. David Rosenthal M.. D.
//~/ OJ
AFFIDAVIT OF DAVID M. ROSENTHAL, M.D.
And now this 21st day of November, 2001 I, Dr. David M. Rosenthal do hereby swear
and affirm:
1. I am a physician licensed to practice medicine in the Commonwealth of
Pennsylvania.
2. My medical practice is limited to the specialty of Psychiatry.
3. On November 16, 2001 I performed a psychiatric evaluation of Carlisle Regional
Medical Center patient Paul Haigh.
4. As a result of my psychiatric evaluation, it is my professional opinion, held to a
reasonable degree of medical certainty that Mr. Haigh suffers from dementia, Alzheimer's
type. Additionally I believe that Mr. Haigh suffers from delusions.
5. Mr. Haigh does not have an appreciation of the nature of his illness nor the
reason for his hospitalization.
6. Mr. Haigh believes he has been hospitalized because of food poisoning caused
when he was allegedly bathed by Hospice social workers with water retained after cleaning
Mr. Haigh's food dishes.
7. Mr. Haigh is unable to meaningfully participate in his medical decision making.
8. Mr. Haigh suffers from impaired judgment, which prevents him from making
rational and appropriate decisions for his medical care.
9. Mr. Haigh is unable to meaningfully provide consent for medical procedures
necessary for his medical well being.
Respectfully submitted,
Dr. David Rosenthal
. .
. .
. .
EXHIBIT C
AFFIDAVIT OF CRAIG J. JURGENSEN, M.D.
And now this 21st day of November, 2001, I Dr. Craig Jurgensen do hereby swear
and affirm:
1. I am a physician licensed to practice medicine in the Commonwealth of
Pennsylvania.
2. My medical practice is limited to the specialty of internal medicine with a
subspecialty in neurology.
3. I am the attending physician for Carlisle Regional Medical Center Patient Paul
Haigh.
4. Mr. Haigh became my patient on November 14, 2001.
5. Mr. Haigh suffers from lung cancer with metastases to the liver. His condition is
ultimately terminal.
6. Mr. Haigh is suffering from pulmonary complications of his lung cancer which
are causing the development of bronchial secretions.
7. The presence of the pulmonary secretions causes significant compromise of Mr.
Haigh's ability to breath and can lead to significant infectious processes.
8. It is necessary to perform a Bronchoscopy to properly evaluate and treat Mr.
Haigh pulmonary secretions.
9. A Bronchoscopy is an invasive procedure which requires a patients informed
consent.
10. Mr. Haigh suffers from greatly diminished mental abilities due to a diagnosis of
dementia, Alzheimer's type and delusions.
11. Mr. Haigh is incapable of understanding the nature of his illness and the
manner in which his illness must be treated.
12. Failure to perform a Bronchoscopy will prevent the evaluation and treatment of
Mr. Haigh's pulmonary condition.
13. Failure to perform a Bronchoscopy will result in the premature death of Mr.
Haigh.
14. A Bronchoscopy is a reasonable and appropriate medical procedure for the care,
evaluation and treatment of the patient.
15. A less invasive diagnostic and treatment regimen is not available.
Respectfully submitted,
Dr. Craig Jurgenson
.
VERIFICATION
I, Georgeann Reilly, Risk Manager, Carlisle Regional Medical Center, hereby verify
that the facts set forth in the foregoing Emergency Petition for Temporary
Guardianship of the Person are true and correct to the best of my knowledge, information
and belief.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.8. ~4904, relating to unsworn falsification to authorities.
CARLISLE REGIONAL MEDICAL CENTER,
Date: 11--2;-0/
~~~
Georgeann Reilly
Risk Manager
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-01-1071
PAUL E. HAIGH
IN RE: PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN
BEFORE OLER, J.
ORDER OF COURT
AND NOW, this 26th day of November, 2001,
upon consideration of the Emergency Petition for Temporary
Guardianship of the Person with respect to Paul E. Haigh,
and following a hearing held on this date, it is determined
that Paul E. Haigh continues to be an incapacitated person,
as determined in the Order of Court dated November 21,
2001, and the order thus entered is confirmed and ratified;
provided, that Susan K. Potts, the niece of the
incapacitated person, is substituted as emergency guardian
of the person of Paul E. Haigh for the purpose of providing
medical decisions on behalf of Mr. H~igh.
In all other respects, the Order of Court
dated November 21, 2001, shall remain in full force and
effect.
No bond shall be required of the guardian
herein appointed.
By the Court,
J
Joseph A. Ricci, Esquire
For Petitioner Carlisle Regional Medical Center
Gregory Cutler, Esquire
Court-Appointed Counsel for Mr. Haigh
Paul E. Haigh
Carlisle Regional Medical Center
246 Parker Street
Carlisle, PA 17013
Susan K. Potts
516 Ryan Drive
Harrisburg, PA
Court-Appointed
17112-2244
Temporary Guardian of Person
wcy
IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-01-1071
PAUL E. HAIGH
IN RE: PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN
BEFORE OLER, J.
OPINION and ORDER OF COURT
Oler, J., November 26, 2001
At issue in the present case is the question
of the continuation of the appointment of an emergency
guardian of the person for Paul E. Haigh and the question
of whether Susan K. Potts, the niece of Mr. Haigh, should
be substituted as the emergency guardian of his person.
A hearing was held in this matter on Monday,
November 26, 2001, before the undersigned judge in the
hospital room of Mr. Haigh at the Carlisle Regional Medical
Center, 246 Parker Street, Carlisle, Pennsylvania.
Present at the hearing was Mr. Haigh (albeit
in a nonresponsive condition) with his Court-Appointed
Counsel, Gregory Cutler, Esquire. Present on behalf of the
Petitioner, Carlisle Regional Medical Center, was Joseph A.
Ricci, Esquire. Also present were Mr. Haigh's niece, Susan
K. Potts, and David F. Tamanini, Esquire.
Based upon the evidence presented at the
hearing, the following Findings of Fact, Discussion and
Order of Court are made and entered:
FINDINGS OF FACT
1. The allegedly incapacitated person is
Paul E. Haigh, a domiciliary of Cumberland County,
Pennsylvania, who has resided most recently at 416 First
Street, Carlisle, Cumberland County, Pennsylvania, 17013,
and is presently a patient in the intensive care unit of
the Carlisle Regional Medical Center, 246 Parker Street,
Carlisle, Pennsylvania, 17013.
2. Mr. Haigh is 79 years old.
3. Petitioner is the Carlisle Regional
Medical Center, 246 Parker Street, Carlisle, Pennsylvania,
17013.
4. The allegedly incapacitated person, Mr.
Haigh, has been diagnosed with dementia, Alzheimer's type,
with depressed mood and delusions, acute organic brain
syndrome, and organic mental disorder dementia.
5. The prognosis with respect to these
mental conditions is not favorable at this time.
6. The allegedly incapacitated person has
also been diagnosed with certain physical illnesses,
including bronchiogenic carcinoma which has metastasized,
and obstructive lung disease.
7. Recently, Mr. Haigh's physical
conditions have deteriorated, and he is presently on a life
support system.
8. As a result of Mr. Haigh's mental
condition, he is an incapacitated person in the sense that
his ability to receive and evaluate information effectively
and communicate decisions in any way is impaired to such a
significant extent that he is at this time totally unable
to meet essential requirements for his physical health and
safety.
9. Mr. Haigh's condition is such that he
lacks capacity and is in need of a guardian of his person;
and a failure to make such appointment will result in
irreparable harm to his person.
10. Susan K. Potts, 52, is an adult
individual who is qualified to act as emergency guardian of
the person of Mr. Haigh; she is Mr. Haigh's niece; her
address is 516 Ryan Drive, Harrisburg, Dauphin County,
Pennsylvania.
11. The foregoing Findings of Fact are made
on the basis of clear and convincing evidence.
DISCUSSION
The provisions respecting an adjudication of
incapacity have recently been amended and are contained in
20 Pa. C.S. Sections 5501 et sea. Petitioner has complied
with these provisions, as they relate to an emergency
guardianship of the person with respect to the subject of
these proceedings. Based on the foregoing Findings of Fact
and Discussion, the following Order of Court will be
entered:
ORDER OF COURT
AND NOW, this 26th day of November, 2001,
upon consideration of the Emergency Petition for Temporary
Guardianship of the Person with respect to Paul E. Haigh,
and following a hearing held on this date, it is determined
that Paul E. Haigh continues to be an incapacitated person,
as determined in the Order of Court dated November 21,
2001, and the order thus entered is confirmed and ratified;
provided, that Susan K. Potts, the niece of the
incapacitated person, is substituted as emergency guardian
of the person of Paul E. Haigh for the purpose of providing
medical decisions on behalf of Mr. Haigh.
In all other respects, the Order of Court
dated November 21, 2001, shall remain in full force and
effect.
No bond shall be required of the guardian
herein appointed.
By the Court,
/s/ J. Wesley Oler. Jr.
J.
Joseph A. Ricci, Esquire
For Petitioner Carlisle Regional Medical Center
Gregory Cutler, Esquire
Court-Appointed Counsel for Mr. Haigh
Paul E. Haigh
Carlisle Regional Medical Center
246 Parker Street
Carlisle, PA 17013
Susan K. Potts
516 Ryan Drive
Harrisburg, PA
Court-Appointed
17112-2244
Temporary Guardian of Person
wcy
G
INRE: PAULE. HAIGH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-01-1071
ORDER OF COURT
AND NOW, this 26th day of November, 2001, Gregory Cutler, Esq., is appointed
to represent Paul E. Haigh at a hearing to appoint a temporary guardian scheduled for
Monday, November 26, 2001, at 10:00 a.m., at the Carlisle Regional Medical Center,
Carlisle, Pennsylvania.
BY THE COURT,
Joseph A. Ricci, Esq.
4423 North Front Street
Harrisburg, P A 17110
Counsel for Carlisle Regional
Medical Center
Gregory Cutler, Esq.
50 East High Street
Carlisle, P A 17013
Attorney for Paul E. Haigh
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Nov-21-01 11:51A
P.20
CONSULTATION
Q211b90
HA1G~. PAUL [
JUR(,E"'Sf.N. J C R" 206 W
I ~ ~~ AD" 11/14/200
OOBCb/,"1t922 r/c" I
CAClLISLE RE(dO"i COOO1'24i4
Consultation to: U. R ~ ~ -h.,..{
M.D.
I.
Consultation Reaardina:
.
. '.
. .. PAnENTIlENTIFICATION
. IF OUTPAITENT. WRITE NAME, ADDREss, AGE
Signatun! Attending Physician
Date_
Type Consultation: Check One ..
Consultation OnlY
Consultation and Follow Patient
Consultation and Write Orders
If aClreed to aerform Drocedures SUClQested
and recommendations
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HAIGH, PAUL E
MS2 0206 W
11/14/2001
172414
CHIEF COMPLAINT: Confusion of disorientation.
HISTORY OF PRESENT ILLNESS: This 79-year-old man was recently discharged from the hospital to
the Claremont Nursing Home on October gth. His behavior at the nursing home has been unstable. He
has been ambulatory and difficult to contain. A psychologic specialist judged that he was competent and
he was released to his won quarters on November 1 ~ (?date). He has become disoriented. He was
brought to the emergency department today by police. It was evident that he was taking treatment with
Zoloft, Vicodin and Robitussin. There was no sign of trauma or seizure.
PAST MEDICAL HISTORY: There is evidence for a previous cholecystectomy. He smoked cigarettes for
60 years. The diagnosis of lung cancer was made presumptively in September 2000 - based on a chest
x.ray, CT of the chest. No biopsy was done though. Metastatic involvement of the right lobe of the liver
was documented by CT. There is no history of seizures.
FAMILY HISTORY: He reports having had a brother who died. He has one daughter with whom he is
estranged.
SOCIAL HISTORY: He served in the military. ?date. His wife died in 1986. He worked for many years
as a steel worker. For the next number of years he worked In security at a truck firm. He was placed in
the Claremont Nursing Home in October 2001. He has a residence in Carlisle, which answers with a
phone message of his own at 218-1016.
REVIEW OF SYSTEMS:
EAR, NOSE. THROAT: Negative.
CARDIORESPIRATORY: He has recurrent cough.
GI: Appetite is poor. No report of melena.
GU: Negative.
NEUROLOGIC: He is unsteady, tremulous.
PHYSICAL EXAMINATION
GENERAL - He is awake. He comprehends poorly. Attention span is poor. His voice is rough,
suspecting laryngeal paralysis. His disoriented to time and place. He has no memory for recent events.
He offers< >responses to answers about his work, etc. He has no awareness of the diagnosis
of lung cancer. He speaks with sadness concerning the death of his wife 1986(gives the date, time of day
and doctors remarks - she had a lung clot).
HEENT - Visual function is fair. He is able to count fingers, name objects and follow to the right and left.
9211690
HAIGH, PAUL E
MS2 0206 W 172414
11/14/2001 06/17/1922
JURGENSEN, J C
Page 1 of 2
ORIGINAL
EXHIBIT
i,
.D L-
a ./
tlbId/Oj 0Kl
I
CARUSLE REGIONAL MEDICAL CENTER
HISTORY & PHYSICAL EXAMINATION
Nov-21-01 11:46A
P.12
HAIGH, PAUL E
MS2 0206 W
11/14/2001
172414
The pupils are nonreactive. Praxtic function is done inconsistently with errors.
EXTREMITIES - Motor exam shows moderate and generalized weakness. The muscles are :;oft. The
legs are hypotonic. Tendon reactions are absent. The toe responses are bilaterally flexor. He is able to
stand unsupported but his gait is unsteady, tremulous, mildly ataxic.
ADMITTING
IMPRESSION -
1. Acute or organic brain syndrome.
2. Organic mental disorder - dementia.
3. Bronchogenic carcinoma - untreated.
4. Obstructive lung disease.
JCJ/ja
0: 11/1512001 08:07:21
T: 11/1512001 15:04:01
J. Craig Jurgensen, M.D.
C: J. Craig Jurgensen, M.D.
9211690
HAIGH, PAUL E
MS2 0206 W 172414
11114/2001 06/17/1922
JURGENSEN, J C
Page 2 of 2
ORIGINAL
CARLISLE REGIONAL MEDICAL CENTER
HISTORY & PHYSICAL EXAMINATION
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Harrisburq. PA 17110
(717) 230-9201
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: IN THE COURT OF COMMON PLEAS
:CUMBERLANDCOUNTYPENNSYLV~
IN RE: Paul E. Haigh
: DOCKET NUMBER:
~l- .01- 1011
: EMERGENCY GUARDIANSHIP
ORDER OF COURT
- '_. A follow l:'" 0 2. he 2J I :, r\ \ ~ c.. ~ ? -7 bc5'::;'" :J
AND NOW THIS ~Day of November 2001, it is hereby dete'rmined that Paul
E. Haigh is incapacitated from making appropriate medical decisions on his behalf. It is
ordered that David F. Tamanini, Esq. shall be appointed guardian of the person of Paul E.
Haigh for the purpose of providing medical decision making oll b~ha)f of Ml;,' . Haigh.:jhis I J
f iV rr 2. h ow oS. ) V"? d t ':; ~ ULL,"] e..~~C}) d~
guardianship shall be in force uatH :Novell1Lt:J. 2'7, 200i uak33 extended by further ordgr ef
fp-{2-?C!.JiOd Jz.o d/1s. --I- J. L
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: IN THE COURT OF COMMON PLEAS
:CUMBERLANDCOUNTYPENNSYLV~
IN RE: Paul E. Haigh
: DOCKET NUMBER:
-.
: EMERGENCY GUARDIANSIDP
EMERGENCY PETITION FOR TEMPORARY GUARDIANSHIP OF THE PERSON
AND NOW Comes, Carlisle Regional Medical Center by and through its counsel,
Farrell & Ricci, P.C. by Joseph A. Ricci, Esq., and requests that this Honorable Court to
enter an order granting an emergency limited guardianship of the person for Mr. Paul E.
Haigh for the following reasons:
1. The alleged incapaciated person is Mr. Paul E. Haigh an adult male aged 79.
2. Mr. Haigh is currently a patient at the Carlisle Regional Medical Center.
3. Prior to his hospitalization, Mr. Haigh resided at 416 First Street Carlisle, PA
17013.
4. The only known relative of Mr. Haigh is an alleged niece whose name is Susan
Potts, telephone number 545-3628,516 Ryan Drive Harrisburg, PA 17112-2244. Attempts
to contact Ms. Potts to advise her of the situation and the need for the appointment of a
guardian have been unsuccessful.
5. Currently Mr. Haigh is receiving medical services at the Carlisle Regional
Medical Center, 246 Parker Street, P.O. Box 4100, Carlisle, PA 17013.
6. Prior to his admission to the hospital, Mr. Haigh was receiving residential
services from Hospice Preferred Choice, 4811 Jonestown Road, Harrisburg, PA 17112,
as well as the Cumberland County Office of Aging, Carlisle, PA 17013.
7. The petitioner requests that this Honorable Court appoint David F. Tamanini,
Esq., P.O. Box 6206, Harrisburg, PA 17112 as temporary guardian of the person of Mr.
Haigh.
8. Attorney Tamanini provides guardian and power of attorney services to the
central Pennsylvania region. (See Description of Guardianship service provided attached
hereto-as Exhibit "A")
9. Attorney Tamanini does not have any interest that is adverse to the interests of
Mr. Haigh, the alleged incapacitated person.
10. The emergency temporary guardianship of the person is necessary for the
following reasons:
a) Mr. Haigh is an elderly gentleman who lives alone in public assistance
housing.
b) Because of his limited financial means, Mr. Haigh lacks the ability to seek
private placement for his medical needs.
c) The only family member who is known to exist is a niece who resides in
the Linglestown area of Harrisburg.
d) Mr. Haigh has had no contact with his niece for an extended period of
time.
e) Mr. Haigh's niece has previously stated that she has no desire to
participate in decision making concerning her uncle.
f) There are no family members or mends who can provide for surrogate
decision making on Mr. Haigh's behalf.
g) The Cumberland County Area on Aging has refused to become involved in
the care of Mr. Haigh on the grounds that Mr. Haigh refused to sign a form
acknowledging his agreement to participate in their services.
h) Hospice Preferred Care has relinquished responsibility for the care of Mr.
Haigh upon his admission to the Carlisle Regional Medical Center.
i) At this time there is no other reasonable alternative to effect the proper
care of Mr. Haigh besides the appointment of a temporary guardian of the
person.
j) Mr. Haigh suffers from terminal, metastatic cancer. As a result of the
cancer, Mr. Haigh will suffer from potentially numerous medical
complications which will require an ability to understand the nature of the
complications and how they will be treated. The treatments necessary will
include the need to provide informed consent to permit the medical
treatments.
k) Mr. Haigh has been found by the Carlisle Regional Medical Center staff
psychiatrist, Dr. Rosenthal, to be mentally incompetent and incapable of
making reasonable and meaningful decisions on his behalf. (See Affidavit of
Dr. Rosenthal attached hereto as Exhibit "Rn)
1) Mr. Haigh is currently suffering from significant fluid collections in his
lungs and, as a result, is unable to properly breathe. The inability to breathe,
in turn, causes confusion because of a lack of proper oxygenation of the brain.
m) Mr. Haigh's attending physician Dr. Jurgensen, believes it is medically
necessary and appropriate for Mr. Haigh to, in the immediate future, undergo
a bronchoscopy to evaluate the condition of Mr. Haigh's lungs and to alleviate
the effects of any fluid collections. (See affidavit of Dr. Jurgensen attached
hereto as Exhibit "C.")
n) A bronchoscopy is a medical procedure which requires the use of a
bronchoscope, a device which is inserted into the patients bronchial tree to
visually examine the tissues of the bronchus and the lungs.
0) A bronchoscope can also be used to provide treatment to the patient in the
form of removal of tissues and fluids.
p) A bronchoscope can also be used to obtain tissue samples for evaluation in
an effort to determine the necessity and propriety of future medical care.
q) The use of a bronchoscope is an invasive procedure, which requires a
patient's informed consent.
r) Mr. Haigh is incapable of providing his informed consent to undergo the
suggested bronchoscopy.
s) Failure to undergo the bronchoscopy could significantly impair the
physical health of Mr. Haigh since it will be impossible to properly evaluate
and treat the condition giving rise to the fluid collection in the lungs of the
patient.
t) Failure to undergo the bronchoscopy could result in the premature death
of the patient as a result of congestive heart failure.
u) Without the appointment of a guardian, the medical staff of the Carlisle
Regional Medical Center are unable to provide the reasonable and necessary
medical treatments to properly care for Mr. Haigh since the patient is unable
to provide the necessary consents for his continued care.
11. A temporary guardianship will permit the appropriate decision making to take
place in the short term and potentially avoid the premature and unnecessary death of Mr.
Haigh.
12. It is hoped that once Mr. Haigh undergoes the proposed bronchoscopy he will
experience an improvement in his breathing which may permit an increased clarity of
thought from the increase in oxygenation.
13. If Mr. Haigh's medical condition improves the need for a temporary guardian
may cease to exist.
- WHEREFORE it is respectfully requested that this Honorable Court issue an order
appointing David F. Tamanini, Esq. temporary guardian of the person of Paul E. Haigh for
the purpose of providing medical decision making authority.
Respectfully submitted,
'cci, P.C.
4423 North Front Street
Harrisburg, P A 17110
(717) 230-9201
Counsel for Carlisle Regional Medical Center
EXHIBIT A
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'. 11/21/01 16:17
Nov-21-01 02:20P
~7172459198
CACS
. .t~U_U2
AFFlDA VlT OF DAVID M. ROSENTHAL, M.D.
And now this 21&\ day of November, 2.0011. Dr. David M. Rosenthal do hereby swear
and affirm:
1. 1 am a physician licensed to practice medicine in the Commonwealth of
Pennsylvania.
2. My medical practice is limited to tbe specialty of psychiatry.
3. On November 16. 2001 I performed a psychiatric evaluation of Carlisle Regional
Medical Center patient Paul Haigh.
4. As a result of my psychiatric evaluation. it is my professional opinion, held to a
reasonable degree of medical certainty that Mr. Haigh suffers from dementia, Alzheimer's
type. Additionally 1 believe that Mr. Haigh suffers from delusions.
5. Mr. Haigh does not have an appreciation of the nature of his illness nor the
reason for his hospitalization.
6. Mr. Haigh believes he has been hospitalized because of food poisoning caused
when he was allegedly bathed by Hospice social workers with water retained after cleaning
Mr. Haigh's food dishes.
7. Mr. Haigh is unable to meaningfully participate in his medical decision making.
8. Mr. Haigh suffers from impaired judgment, which pt"events him from making
rational and appropriate decisions for his medical care.
9VI(I~
11/21/01 16:18
.Nov-21-ril O~:20P
-o~7172459198
t.::\.t.:S
~UUJ
9. Mr. Haigh is unable to meaningfullY provide consent for medical procedure~
necessary for his medical well being.
Respectfully submitted.
C},Q l:Q MO
Dr. David Rosenthal M. D.
//0)/ 0/
AFFIDAVIT OF DAVID M. ROSENTHAL, M.D.
And now this 21st day of November, 2001 I, Dr. David M. Rosenthal do hereby swear
and affirm:
1. I am a physician licensed to practice medicine in the Commonwealth of
Pennsylvania.
2. My medical practice is limited to the specialty of Psychiatry.
- 3. On November 16, 2001 I performed a psychiatric evaluation of Carlisle Regional
Medical Center patient Paul Haigh.
4. As a result of my psychiatric evaluation, it is my professional opinion, held to a
reasonable degree of medical certainty that Mr. Haigh suffers from dementia, Alzheimer's
type. Additionally I believe that Mr. Haigh suffers from delusions.
5. Mr. Haigh does not have an appreciation ofthe nature of his illness nor the
reason for his hospitalization.
6. Mr. Haigh believes he has been hospitalized because of food poisoning caused
when he was allegedly bathed by Hospice social workers with water retained after cleaning
Mr. Haigh's food dishes.
7. Mr. Haigh is unable to meaningfully participate in his medical decision making.
8. Mr. Haigh suffers from impaired judgment, which prevents him from making
rational and appropriate decisions for his medical care.
9. Mr. Haigh is unable to meaningfully provide consent for medical procedures
necessary for his medical well being.
Respectfully submitted,
'Dr. David Rosenthal
- ~ . '
EXHIBIT C
AFFIDAVIT OF CRAIG J. JURGENSEN, M.D.
And now this 21st day of November, 2001, I Dr. Craig Jurgensen do hereby swear
and affirm:
1. I am a physician licensed to practice medicine in the Commonwealth of
Pennsylvania.
. 2. My medical practice is limited to the specialty of internal medicine with a
subspecialty in neurology.
3. I am the attending physician for Carlisle Regional Medical Center Patient Paul
Haigh.
4. Mr. Haigh became my patient on November 14, 2001.
5. Mr. Haigh suffers from lung cancer with metastases to the liver. His condition is
ultimately terminal.
6. Mr. Haigh is suffering from pulmonary complications of his lung cancer which
are causing the development of bronchial secretions.
7. The presence of the pulmonary secretions causes significant compromise of Mr.
Haigh's ability to breath and can lead to significant infectious processes.
8. It is necessary to perform a Bronchoscopy to properly evaluate and treat Mr.
Haigh pulmonary secretions.
9. A Bronchoscopy is an invasive procedure which requires a patients informed
consent.
10. Mr. Haigh suffers from greatly diminished mental abilities due to a diagnosis of
dementia, Alzheimer's type and delusions.
.'
11. Mr, Haigh is incapable of understanding the nature of his illness and the
manner in which his illness must be treated.
12. Failure to perform a Bronchoscopy will prevent the evaluation and treatment of
Mr. Haigh's pulmonary condition.
13. Failure to perform a Bronchoscopy will result in the premature death of Mr.
Haigh.
14. A Bronchoscopy is a reasonable and appropriate medical procedure for the care,
evaluation and treatment of the patient.
-15. A less invasive diagnostic and treatment regimen is not available.
Respectfully submitted,
Dr. Craig Jurgenson
VERIFICATION
I, Georgeann Reilly, Risk Manager, Carlisle Regional Medical Center, hereby verify
that the facts set forth in the foregoing Emergency Petition for Temporary
Guardianship of the Person are true and correct to the best of my knowledge, information
and belief.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.B. ~4904, relating to unsworn falsification to authorities.
CARLISLE REGIONAL MEDICAL CENTER,
Date: /1- 2/ -cJ I
~?:./?JAI'/ ~/f<
Georgeann Reilly
Risk Manager
,.,
AUTHORITY TO PAY COURT APPOINTED COUNSEL
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6. IN THE CASifF / M . i. 7. CHAR~ffiFENSE (PURDON CITATION) 8. 0 PETIY OFFENSE
:Ih /f'e...: OJA. E.~ fA-19' /1/ o FELONY 0 MISDEMEANOR
9. PROCEEDINGS (Describe briefly) 11. PERSON REPRESENTED 12. EiIVIL 6ZCKe, ~_
p~ "Ii;" -(;,. E,....,rz.r/te~ 1 0 Defendant- Adull Or? 'v'S _
2 0 Defendanl . Juvenile ;),/-01-/07/
G lA.A.rcl ~Y\ 3 0 Appellanl 13. CRIM;:;',MCKET NO.
4 0 Appellee
5 0 Habeas Petitioner
6 0 Malerial Witness
7 o Parol.... Charged Wilh Violation
10. PERSON REPRESENTED (Full Name) 8 o Probationer Charged With Violation 14. AP;lADOCKET NO.
;;/A / E ;-;;'1 J 9 ~ther.
Appl Dale I/JU!O} ~ 16. NAME OF ATTORNEY/PAYEE~ND
MAILING ADDRESS i CJicu--
T L~p;;~ oj". 7;- ~"[~rc< d /;.J O/V-.
~'
NAME OF COMMqN PLEAS JUDGE ASSIGNED TO CASE - ,/t. J 71::>) J
17. TELEjHONE No. ~}IfI~S;(~T~YJ-S= NO
(,/7 ;}-;"'1- r-S"Sr
CLAIM FOR SERVICES OR EXPENSES
19. SERVICE HOURS DATES AMOUNTS CLAIMED
a. Arraignment and/or Plea Multiply rate per hour times total
b. Preliminary Hearing hours to obtain "In Court" com.
pensatlon. Enter lotal below.
e. Motions and Requests
.- d. Bail Hearings ,- / I / I " ""
a:
=' 8. Sentence Hearings '\OP /\ T/ ,. /nd 1/111//JJr=.~
0 .
u f. Trial J '-- '-- 1....'./ - \
~
g. Revocation Hearings ---- --- --. -
h. Juvenile Hearings V /J~.:LI-CI 1"1Jil.1t! f) -.J.I, - {~ 1 ,
i. Appeals Court (,. -- 19A. TOTAL IN COURT COMPo
~ Other (Specify on additional sheets) -
TOTAL HOURS .. X $50 PER HOUR =$
20. a Interviews and conlerences ,5. , Multiply rate per hour times total
b. Obtaining and reviewing records hours. Enter total "Out of Court"
~.- compensation below.
Oa: e. Legal research and brief writing
.-='
='0 d. Investigative and other work (Specify on additional sheets) 20A. TOTAL OUT OF COURT
au COMPo
TOTAL HOURS" $. J ~PE'rI~R .. S ,';; ';NJ , j-U
21. ITEMIZATION OF REIMBURSABLE EXPENSES AMT. PER ITEM
Mileage $.25 per mile lC
a:
w
:z: 21A. TOTAL ITEMIZED EXP.
~
0
-$
22. CERTIFICATION OF ATTORNEY/PAYEE ~O 23. GRAND TOTAL CLAIMED
Has compensation and/or reimbursement for work In this ease previously been applied lor? DYES =$ ~o~C;.SD
II yes, were you paid? 0 YES a NO If yes, bywhom_re you paid? How much? 24. DEDUCT. PRIOR PYMTS.
Has the person represented paid any mon~~or to your knOW~nYOne else, In connection with the matter for =$
which you were appointed to provide represe n7 0 ~ I' ./"'F.. If yes, give details on add~n%,eets 25. NET AMOUNT C~MED
I swear or affirm the truth or correctness " o~ / d J I
of the above statements /' J16nature~ Attomey/Psy~ I Date = $ ,-J.:Jt}, .5 (J
26 A"PROV! (II . '-',!/,/ ~ ~()g 27. AMT. APPROVED
. FOil Sognalure of ~D.te: .0 ~c... -
PAV"'EN' Judge l2 )6'01 .. $ 2.2..'1 ' ~ c:>
cMpy 1 - Mail to 6;'urt Administrator at completion of service
.....
;
LAW OFFICE OF PAUL BRADFORD ORR
50 East High Street
Carlisle, P A 17013
(717) 258-8558
(717) 258-5289 FAX
Invoice submitted to:
Paul Haigh
******Court Appointed*********
File No. 01-280-g
December 11, 2001
In Reference To: Emergency Guardianship
Invoice #4:25
Professional Services
Hrs/Rate Amount
11/21/01 GLC A107 Communicate (outside counsel) 0.30 13.50
Meeting with attorney Joe Ricci to discuss case 45.00/hr
11/23/01 GLC A 104 Review/analyze 0.80 36.00
Review/analyze - client's medical records 45.00/hr
GLC A 104 Review/analyze 0.30 13.50
Review/analyze - Emergency Petition 45.00/hr
GLC A 107 Communicate (other external) 0.10 4.50
Attempt to reach social worker Diana O'Neil regarding client's condition 45.00/hr
GLC A 107 Communicate (other external) 0.30 13.50
Telephone conference with social worker Diana O'Neil in reference to 45.00/hr
client's condition and recent deterioration
GLC A 107 Communicate (other external) 0.10 4.50
Attempt to contact Dr. Haggerty at Claremont N.H. 45.00/hr
GLC A 107 Communicate (other external) 0.10 4.50
Attempt to contact Dr. Haggerty at his office 45.00/hr
GLC A 107 Communicate (other external) 0.10 4.50
Attempt to reach Dr. Rosenthal 45.00/hr
GLC A 107 Communicate (other external) 0.10 4.50
Attempt to reach Dr. Jurgensen 45.00/hr
,
__ . r
. - .
Paul Haigh
11/23/01 GLC A 107 Communicate (other external)
Telephone conference with Dr. Jergensen regarding client's condition
11/26/01 GLC A107 Communicate (outside counsel)
Telephone conference with attorney David Taminini
GLC A 107 Communicate (other external)
Telephone conference with Dr_ Haggerty
GLC A 107 Communicate (other external)
Telpehone conference with Debbie Hornridge regarding client
GLC A 109 Appear for/attend
Travel time - to and from Carlisle Hospital; and hearing on Emergency
Petition
For professional services rendered
Balance due
Page 2
Hrs/Rate Amount
0.20 9.00
45.00/hr
0.20 9.00
45.00/hr
0.20 9.00
45.00/hr
0.30 13.50
45.00/hr
2.00 90.00
45.00/hr
5.10 $229.50
$229.50
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also use your MAC or DEBIT/CHECK card for payments!!
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