HomeMy WebLinkAbout01-1088
IN RE:
TANYA M. KAUTZ,
an alleged incapacitated
person
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
: NO. ~I-f) 1- ICB"
AND NOW, this
PRELIMINARY DECREE
'If1-\.- day of Kil1'~~, 2001, upon
consideration of the attached petition, it is ordered and decreed
that a citation is awarded and directed to Tanya M. Kautz, to show
cause why she should not be adjudged an incapacitated person and
have a guardian of her estate and person appointed, the hearing
thereon to be held in Court Room No. -' at the Cumberland County
Courthouse in Carlisle, Pennsylvania, commencing atd;cVA~'clock
.m. on ~__", the 7 ft.c-.-day of ~/., 20~.
At least twen(y (20) days notlce of thJ1hearing ~all be given
to the said Tanya M. Kautz, the alleged incapacitated person, by
personal service of a copy of the petition and citation.
BY THE COURT,
.
Vel '
.1 J r-: l.-" r~
;JU8I.1aqult)#J
". )j.lal~
o L: V d fi-:31O LO.
'~lS!f3atl
Ci80.10:)fJt/
IN RE:
TANYA M. KAUTZ,
an alleged incapacitated
person
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 4\-01- 10&\
.
.
.
.
PETITION FOR ADJUDICATION OF INCAPACITATED PERSON
AND FOR APPOINTMENT OF PLENARY GUARDIAN OF THE ESTATE
AND PERSON OF THE ALLEGED INCAPACITATED PERSON
AND NOW, comes RONALD P. KAUTZ (hereinafter "Petitioner") by
and through his attorneys, Gates & Associates, P.C., and represents
and avers as follows:
1. petitioner is an adult individual who resides at 213
Allendale Way, Camp Hill, Cumberland County, Pennsylvania 17011,
and he is the husband of Tanya M. Kautz, the alleged incapacitated
person.
2. Tanya M. Kautz resides with Petitioner.
3. Tanya M. Kautz was born on March 7, 1944, and she is now
57 years old.
4. Tanya M. Kautz and petitioner have two children:
a. Kristine Gibboney
R.R. #4, Box 148B
Newport, PA 17074
b. Karyl Clay
1 Kathryn Drive
Duncannon, PA 17020
5. Tanya M. Kautz has no other children or presumptive
heirs.
6. Tanya M. Kautz suffers from severe dementia, probably
caused by advanced Alzheimer's disease.
7. Tanya M. Kautz requires assistance with all activities of
daily living.
8. Tanya M. Kautz is unable to receive and evaluate
information effectively and communicate meaningful decisions.
9. Tanya M. Kautz is unable to manage her financial
resources.
10. Tanya M. Kautz is unable to meet essential requirements
for her physical health and safety.
11. To the extent known by Petitioner, Tanya M. Kautz's
assets are as follows:
a. The residential real property located at 213
Allendale Way, Lower Allen Township, Cumberland County,
Pennsylvania, which is identified as Tax Parcel Number
13-25-0010-076, which has an approximate fair market
value of $150,070.00, and which is owned jointly by
petitioner and Tanya M. Kautz as tenants by the
entireties;
b. A checking account at Commerce Bank, N.A. which
has an approximate balance of $9,000.00, and which is
owned jointly by Petitioner and Tanya M. Kautz;
c. A 401 (k) account with Pennsylvania Blue Shield,
which has an approximate value of $49,774.00;
d. A term life insurance policy through
Pennsylvania Blue Shield, which has an approximate death
benefit of $20,000.00; and
2
e. Miscellaneous tangible personal property which
1S owned jointly by Petitioner and Tanya M. Kautz.
12. To the extent known by Petitioner, Tanya M. Kautz
receives the following income:
a. A Social Security disability benefit of
$1,106.00 per month; and
b. A distribution of $1,200.00 per month from the
estate of her late father, James T. Johnson, Sr.
13. The foregoing statements of Tanya M. Kautz's assets and
income are approximations. A formal Inventory will be filed with
this Court within three months of the date of the appointment of a
guardian, in accordance with 20 Pa.C.S. ~5142 and ~5521(b).
14. petitioner is the proposed plenary guardian of the estate
and person of Tanya M. Kautz. Petitioner's consent to serve as
guardian is attached hereto as Exhibit "A" and incorporated herein
by reference.
15. petitioner is employed by Pennsylvania Blue Shield as a
customer service representative.
16. Petitioner is a citizen of the united States, and he can
speak, read and write the English language.
17. petitioner has no interests adverse to the interests of
Tanya M. Kautz.
18. No other court has assumed jurisdiction in any proceeding
to determine the incapacity of Tanya M. Kautz.
3
19. Tanya M. Kautz has not signed a durable power of
attorney, and consequently, she does not have an attorney-in-fact
with the legal authority to handle her financial resources or make
personal decisions on her behalf.
20. Tanya M. Kautz has not signed or implemented any trust
arrangements for the management of her resources, and consequently,
no trustee has the legal authority to manage her financial
resources.
21. Tanya M. Kautz 1 s children are sui juris, and their
consents to Petitioner's appointment as guardian are attached
hereto as Exhibit "B" and incorporated herein by reference.
WHEREFORE, petitioner respectfully requests that the Court
award a citation directed to Tanya M. Kautz, the alleged
incapacitated person, with notice thereof to be given to such other
persons as the Court may direct, to show cause why she should not
be adjudged an incapacitated person and why petitioner should not
be appointed plenary guardian of her estate and person.
GATES & ASSOCIATES, P.C.
BY:
mJ!..~~
Mark E. Halbruner, Esquire
Supreme Court I.D. No. 66737
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for Petitioner)
Date: J\?xfe____hrr 27 ,2001
4
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
RONALD P. KAUTZ, being duly sworn according to law, deposes
and says that the facts set forth in the foregoing petition are
true and correct to the best of his knowledge, information and
belief.
o1^)A P
RONALD P. KAUTZ
Sworn to and subscr~bed
befo"A} me this )(J'f1l day
of 'OrJtm/JPl, 2001.
.
--UU{,A"/ #IV~'0
Notary Pllbrlc
Notarial Seal
Traci L. Sepkovic, Notary Public
Lemoyne Bo.ro, Cumberland County
My Commission Expires July 7, 2003
Member, Pennsylvania Association 01 Notaries
~tt~(~'rt!;1(,'
EXHIBIT "A"
EXHIBIT "B"
IN RE:
TANYA M. KAUTZ,
an alleged incapacitated
person
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
CONSENT TO APPOINTMENT OF PLENARY
GUARDIAN OF THE ESTATE AND PERSON
OF AN ALLEGED INCAPACITATED PERSON
I, KRISTINE GIBBONEY, being the daughter of Tanya M. Kautz,
and having been notified of the petition to adjudicate her an
incapacitated person and to appoint a plenary guardian of her
estate and person, hereby consent to the appointment of Ronald P.
Kautz as plenary guardian of the estate and person of Tanya M.
Kautz, to serve without bond.
~iJ~ ~Mif
KRISTINE GIBBONEY --U
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF & f/1 U/f 10 /J vL
On this, the ~day of AJcJVcfn~ , 2001, before me, a
Notary Public, the undersigned officer, personally appeared
KRISTINE GIBBONEY, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the wi thin documE'nt, and
acknowledged that she executed the same for the purposes therein
contained.
SS:
"~.'
....''''''''.''''-...~
set my hand and official Seal.
/1 tf r/1 < ,:t A-<-p /urVU ~~.
Notary Public
My Commission Expires:
IN WITNESS WHEREOF, I hereunto
Notarial Seal
Trac L. Sepkovic, Notary Public
LElmoyne Bora, Cumberland County
\.:1. Commission ~pires July ?.: 2003 .
!_.' ,:?r 'n~~ \, ,~\ ,,-' ;~, ;~_-. /1. '~-:0'"'1 ;lti f~,:1 f.' ~ ";," t:_. '-r (' .
IN RE:
TANYA M. KAUTZ,
an alleqed incapacitated
person
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO.
CONSENT TO APPOINTMENT OF PLENARY
GUARDIAN OF THE ESTATE AND PERSON
OF AN ALLEGED INCAPACITATED PERSON
I, KARYL CLAY, being the daughter of Tanya M. Kautz, and
having been notified of the petition to adjudicate her an
incapacitated person and to appoint a plenary guardian of her
estate and person, hereby consent to the appointment of Ronald P.
Kautz as plenary guardian of the estate and person of Tanya M.
Kautz, to serve without bond.
~~
W TNESS
1J~ CfhtJ
YL LAY
COMMONWEALTH OF PENNSYLVANIA
~ SS:
COUNTY OF (lAmlw1lt1rlL
On this, the J(;~day of v;(/or/-tmOk1 , 2001, before me, a
Notary Public, the undersigned officer, personally appeared KARYL
CLAY, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within document, and acknowledqed that
she executed the same for the purposes therein contained.
\ 1.,.)
set my hand and official
tf t1 u ,j, ArIz-t/'lA 'c
Notary Public
My Commission Expires:
Seal.
IN WITNESS WHEREOF, I hereunto
"
Notarial Seal
Traci L. Sepkovic, Notary Public
Lemoyne Bora, Cumberland County
My Commission Expires July 7, 2003
M'en Ibcr, ~'''nnS'ilvaniaAssociation of 1'J0tarie~;
LAW OFFICES OF
GATES &- ASSOCIATES, P.C.
1013 MUMMA ROAD' SUITE 100' LEMOYNE. PENNSYLVANIA 17043
(717) 731-9600' FAX: (717) 731-9627
BRANCH OFFICE:
3 WEST MONUMENT SQUARE, SUITE 304
LEWISTOWN, PA 17044
(717) 248-6909
WEB SITE:
www.GatesLawFirm.com
LOWELL R. GATES
Also Admitted to Massachusetts Bar
MARK E. HALBRUNER
Also Admitted to New Jersey Bar
CRAIG A. HATCH
CORY J. SNOOK
ALBERT N. PETERLlN
Also Admitted to Maryland Bar
December 28, 2001
nO
".. ..-
-co
3~
0"'
c.)
d
-
::o$'
roO
((}.Q
(/~ C)
I':.~'" I ~
Hon. George E. Hoffer, President Judge
Cumberland County Court of Common Pleas
One Courthouse Square
Carlisle, P A 17013
\.1.:
"'\
o
-
c;":)
\,.r.)
-
- I".
i.,'
."n[.
"'f'.'"
~"."",.
-0
N
.b:
~
RE: Tanya M. Kautz, an alleged incapacitated person;
Cumberland County Orphans' Court Division #21-01-1088
Dear Judge Hoffer:
My office represents Ronald P. Kautz, who has filed a petition in the above-referenced matter
to declare his wife, Tanya M. Kautz, an incapacitated person and to have himself appointed plenary
guardian of her estate and person. The hearing on this petition is scheduled for January 7,2002. In
anticipation of the hearing, I am enclosing for your review a copy of the transcript from the
deposition of Charles S. Yanofsky, M.D., a board certified neurologist who examined Mrs. Kautz
four times in 2001. In lieu of Dr. Yanofsky's live testimony, I intend to introduce the original
deposition transcript at the hearing as permitted by 20 Pa.C.S. ~5518. Also enclosed is a copy of Dr.
Yanofsky's curriculum vitae.
Respectfully,
iatft1 ~:=J-'
r't/ '/ /.-)
f { I'. ~.-_~~:::~_.
Mark E. Halbruner
Enclosures
cc: Ronald P. Kautz (wi encl.)
.
.
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2
TABLE OF CONTENTS
WITNESS
FOR PETITIONER
Charles S. Yanofsky, M.D.
DIRECT
3
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
.
.
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
3
CHARLES S. YANOFSKY, M.D., called as a
witness, being sworn, testified as follows:
DIRECT EXAMINATION
BY MR. HALBRUNER:
Q Would you please state your name and spell it.
A Charles S. Yanofsky, that's Y-a-n-o-f-s-k-y.
Q And your business address?
A 108 Lowther, L-o-w-t-h-e-r, Street in Lemoyne,
Pennsylvania, 17043.
Q And what is your occupation?
A I'm a neurologist.
Q An M.D.?
A An M.D., uh-huh.
Q Dr. Yanofsky, my name is Mark Halbruner. And
as you know, we've spoken already, but for the record I
represent Ronald Kautz who has filed a petition to have his
wife Tanya Kautz declared incapacitated and to have himself
appointed guardian for her. You understand that this
deposition is being taken for use in that hearing?
A Yes.
Q Do you have any objection to the admission of
this deposition transcript in that hearing?
A No, I don't.
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
I
.
.
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4
Q Would you please describe your education.
A My education, I have a CV that we can give
you, but if you want --
Q Just basically your undergrad and your
graduate training.
A I went to the State University of New York at
Stony Brook from 1970 to 1974. I have a BS in psychology
and biology. And New York Medical College from 1974 to 1977
where I obtained an M.D. From 1977 to '81 I did a neurology
residency at Albany Medical Center in New York and
thereafter I became board certified in neurology in 1981, I
believe.
And you've been practicing continuously since
Q
then?
A Yes, I have.
Q And you said your practice focuses on
neurology; is that right?
A Yes, I only -- I see adult neurology patients.
Q And in that practice have you become familiar
with a Tanya Kautz?
A Yes.
Q And do you recall when you first met with
Tanya?
A
2001.
I first met her -- the date was April 10th,
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.
.
5
And when was the last time that you saw Tanya?
I last saw her on October the 16th, 2001.
And roughly how many times have you met with
Q
A
Q
her total?
A I believe four. I believe she was in the
office -- she was in on May 2nd and then June 28th and then
October 16th. Four altogether, I guess.
Q And what was the purpose of those
consultations?
A
This was to follow her for her neurological
problem which was dementia.
Q How old is Tanya?
A She is 56, I believe, right now, either 56 or
57. She may have turned 57.
Q Were there any particular exams that you
performed on Tanya?
A Yes. Oh, sure, I did a thorough neurological
exam the first time and then in follow-up we do pretty much
a focused exam.
And based on those exams what was your
Q
conclusion?
A Well, she had a pretty severe dementing
illness, more than that of having motor difficulties, but
she had explicitly very decreased verbal output to almost
mutism. She had a decreased verbal repertoire. She had
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
.
.
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
6
backed out of most of her former interests and had become
actually completely dependent on her husband over this
period of time.
The first time that we had met her, though,
was about six months prior. Dr. Heck of our practice had
seen her and she was admitted to the psychiatry ward, having
had no psychiatric history, certainly no hospital admission
history for psychiatric disease. And at that time she
displayed really some fairly mild changes. So she's
progressed over a pretty short period of time.
Q And when you say progressed, do you mean
worsened?
A Worsened, yes, uh-huh.
Q Is Tanya currently taking any medications for
her condition?
A She is using -- well, she was using Aricept
which is a medicine that we usually use for Alzheimer's
disease, but it looks like that was discontinued.
Q Do you have any opinion as to what the cause
of her dementia is?
A Yes, I think it's most likely a form of
Alzheimer's disease.
Q But that's something you can't determine while
the patient is alive; is that right?
A Well, our approach is really excluding other
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
.
.
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
7
what we consider to be treatable forms of dementia. There
is also some evidence of a family history so that is an
issue because she's so young. Of course, Alzheimer's
disease is something that usually affects people who are
much older than her and not in their fifties.
Q Is this unusual for someone her age?
A Yes, very much so. It's not unusual for
familial Alzheimer's disease. That's the difference between
familial Alzheimer's disease and non-familial Alzheimer's
disease, but apparently there was some history that we had
gotten about her mother and some other family members that
may be relevant to her case.
Q In your opinion are there any medications that
would arrest the development of this disease?
A Unfortunately we don't have any medicines that
arrest it. We have medicines that sort of slow the
progression down. Aricept is one of them. We have now a
choice of a couple of different medicines that we use for
this, but there's no medicine that is -- it's really
considered -- Alzheimer's is considered to be a nontreatable
form of dementia.
Q So Tanya's dementia will not get better?
A Would only expect to be worsened, yes.
Q Physically what is Tanya's condition? Is she
ambulatory?
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
.
.
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
8
A She was the last time I saw her, though not
you know, having difficulty -- certainly not following
commands. Her husband seems to be a very caring person and,
you know, even as far as doing normal activities such as
getting into and out of a car, she kind of can't even figure
out how to do that, what to do with her legs.
And she had become sort of for him really a
total care situation. She had trouble swallowing, even
handling food with her mouth, you know, which is a sort of
-- what we call apraxia. You know, the person basically
just can't figure out anYmore how to actually do motor acts,
motor things.
And even getting her in and out of a car, he
had to not even tell her what to do anYmore because she
really couldn't process verbal information but would have to
actually lift her legs to get her in and out of places and
things like that.
Q In your opinion what is Tanya's ability to
receive information and evaluate it?
A Well, as part of this usually there's a
problem handling language, receiving language and making
language. At this point -- that's what I was referring to,
the mutism. She has very little ability to say anything.
She usually repeats certain stock phrases and now she's -- I
understand she's not even doing that. She's virtually mute
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
.
.
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
9
at this point. Receiving language, that's understanding
verbal language, it doesn't appear that she even follows
commands anymore.
Q Would you suspect that would be the same with
reading, that she would have difficulty reading and
understanding?
A Yes, reading would certainly -- reading is
almost always worse than like aural communication, a-u-r-a-l
type communication.
Q I think you've already answered this, but is
Tanya able to communicate decisions in any kind of rational
or meaningful way?
A It doesn't appear so, no.
Q Again, it may seem obvious, but is Tanya able
to manage her money or other assets such as real estate,
vehicles?
A No.
Q And is she able to take care of her own
activities of daily living?
A No, she's not.
Q She can't cook or clean or - -
A No, certainly not, no.
Q In your opinion is she requiring assistance in
making decisions and providing for her personal health?
A
Yes, she is.
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
.
.
10
Q You've mentioned before that you've had
occasion to meet her husband Ronald.
Yes.
You've seen the interaction between Tanya and
A
Q
Ronald?
A Yes.
Q Do you have any comments or concerns about his
ability or his motives in filing this guardianship for her?
A No. As far as I have ever seen, he seems to
be a very caring person. I have never seen any evidence to
the contrary. I think he has her interests at heart, as far
as I can see, the way he behaves with her.
Q What course of treatment would you recommend
for Tanya?
A Well, she's going to need more and more
supervision. She will eventually need to be placed, I
think, and not unless he plans to spend like 24 hours
with her. Even in that situation, he probably would not be
able to do that.
One of the biggest issues when she was here in
October was feeding and I actually suggested that he
consider a feeding tube to be put in because she really
she has some problems with even managing a normal swallow
and she had been like coughing after she swallows. So he
was going to really think about that.
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
.
.
.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
11
She also has urine incontinence, you know, and
I suggested some medicine for that to -- especially at night
so that she wouldn't have to constantly get up, to decrease
her urinary frequency at night. And I don't know whether
that -- he actually started to use that or not. There's a
drug called DDAVP. So that was the last -- my last contact.
Q What is the usual progression with a disease
like this? How does it --
A At her age it often progresses very rapidly.
It's different than Alzheimer's disease at 85, you know.
When you're -- when you have it in your sixties, it's
actually a much wore disease. It's more aggressive at her
age.
Q
A
And it is a terminal disease?
Yes, it is.
MR. HALBRUNER: Thank you, that's all.
(The deposition was concluded at 2:31 p.m.)
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
. 1
2
, .. .
3
~ 4
5
6
7
8
9
10
11
12
13
. 14
15
16
17
18
19
20
21
22
23
24
25
.
12
COUNTY OF DAUPHIN
SS
COMMONWEALTH OF PENNSYLVANIA
I, Teresa K. Bear, Reporter-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 CHARLES S. YANOFSKY, M.D.
I further certify that before the taking of
said deposition, the witness was duly sworn; that the
questions and answers were taken down stenographically by
the said Teresa K. Bear, a Reporter-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 and accurately to the best of
my ability in the notes taken by me on the within
deposition, and that this copy is a correct transcript of
the same.
In testimony whereof, I have hereunto
subscribed my hand this 27th day of December, 2001.
~k,~
Teresa K. Bear, Reporter
Notary Public
My commission expires
on April 13, 2003
GEIGER & LORIA REPORTING SERVICE - 1-800-222-4577
LAW OFFICES OF
Pv
GATES &- ASSOCIATES, P.C.
1013 MUMMA ROAD. SUITE 100. LEMOYNE. PENNSYLVANIA 17043
(717) 731-9600. FAX: (717) 731-9627
LOWELL R. GATES
Also Admitted to Massachusetts Bar
MARK E. HALBRUNER
Also Admitted to New Jersey Bar
CRAIG A. HATCH
CORY J. SNOOK
ALBERT N. PETERUN
Also Admitted to Maryland Bar
BRANCH OFFICE:
3 WEST MONUMENT SQUARE, SUITE 304
LEWISTOWN, PA 17044
(717) 248-6909
WEB SITE:
www.GatesLawFirrn.com
December 26, 2001
Hon. George E. Hoffer, President Judge
Cumberland County Court of Common Pleas
One Courthouse Square
Carlisle, P A 17013
RE: Tanya M. Kautz, an alleged incapacitated person;
Cumberland County Orphans' Court Division #21-01-1088
Dear Judge Hoffer:
My office represents Ronald P. Kautz, who has filed a petition in the above-referenced matter
to declare his wife, Tanya M. Kautz, an incapacitated person and to have himself appointed plenary
guardian of her estate and person. The written consents of Mrs. Kautz's two children are attached
to the petition. The Court has issued a citation setting the hearing for January 7, 2002. Mrs. Kautz
has been served with the petition and citation, and an affidavit has been filed to that effect. I do not
believe it is necessary to appoint counsel for Mrs. Kautz. However, 20 Pa.C.S. ~5511(a) requires
me to advise you that to the best of my knowledge, counsel has not been retained by or on behalf of
Ms. Kautz.
Respectfully,
111Mtt. ~...
Mark E. Halbruner
cc: Ronald P. Kautz
4
CH~ES S. YANOFSKY, M.D.
F eI I 0',,; - American Acad.eiil)' of Ne '-lro logy
CURRICULUM ,VITAE:
. .
PRESENTLY ~
President Pennsylvania Neurological Associates, L TO with Jon Vickery, MO, Albert
W. Heck, MO, Francis Janton, MD. 108 Lowther Street, Lemoyne, PA 17043, Chief,
Section of Neurology, Harrisburg -Polyclinic Medical Center (Pinnacle'Health System)
Practice Web Address: www.oneuro.com
e-mail: oaneuro@usa.net
EDUCATION:
1970-1974: State University of New York at Stony Brook. Bachelor of Science, Magna
Cum Laude, Majors in Biology and Psychology
1974-1977: New York Medical College. M.D. Jewett Award for Excellence in'
Psychiatry
1977-1978: Internship - Albany Medical College, Albany, New York Internal Medicine,
1978-1981: Resident in Neurology Albany Medical College
1980-1981: Chief Resident in Neurology Albany Medical College
Licensure: New York 1978, Pennsylvania 1981
BOARD CERTIFICATION:
American Board of Psychiatry and Neurology, 1983.
National Board of Medical Examiners, 1978
::' . ~:i
'_I "
Charles S. Yanofsky, M.D - Curriculum
MEMBeRSHiPS
American Medical Association
D::lUphin County Medical Society
American Academy of Neurology - Fellow
Pennsylvania Medical Society
Prosper-Meniere Society
PROFESSIONAL INTERESTS:
Areas of experience: Practice manage"ment, Physician-Hospital Relations, t0ultiple
sclerosis and immune-mediated neurological disease, cognitive neuroscience and
neuro-psychiatry, Medical Ethics and termination of Care Decisions and Advance
Directives, Philosophical Issues Connected with Clinical Neuroscience, Legal Cases
and Workman's Compensation. : Intra-Operative Evoked Response Monitoring, EEG,
24-hour EEG monitoring, Carotid and Transcranial Dopplers, EMG-NCV and electro-
neurophysiology, eaching residents from Departments of Medicine, Family Practice,
and Psychiatry, medical students, nurses and patients. Administr,ative expertise in
practice management, Physician Organizations, Medical Staff Leadership, patient
grievances and physician-patient relations. Computers in medicine.
CONTINUING EDUCATION:
Certified for A.M.A. Physician Recognition Awards 1981-2002
APPOINTMENTS:
Chief Section of Neurology and Attending Neurologist Harrisburg-Polyclinic Medical
Center (Pinnacle Heath System)
Head, EEG, Evoked Potential Laboratory, Harrisburg Hospital
Attending Neurologist Holy Spirit Hospital
Camp Hill, Pennsylvania 17011
Consulting Neurologist Polyclinic Medical Center
Harrisburg, Pennsylvania
Neurologist: Healthsouth Rehab Hospital and Renova Center
Mechanicsburg I Pennsylvania
2
-',
",
j.f ..
. .'
rt,,,.'~. S ~ ",.- "~-k-' '\ r D C..~~,,~..
"'- ...-......::..~ ~ 1: ..:.....~_.L-=>..", ~';._ - ~.....4\""Lo.~.....r:1
Clinical Associate Professor, Department of Medicine,
Hershey Medical Center
Clinical Associate Professor, Department of Medicine
..
Allegheny University
SAMPLE LECTURES::
"Brain Attack - New Therapies for Stroke" Pinnacle Health System Grand Rounds - 1996
,,"),., ~ ~ , If' . " d . \" C 1996
.l ,~',v 1re~~ments .lor .'tJ.1gr.:lll:.e presente a, ,yoman are
"
"New Treatment of Demyelinating Disease" Presentation for Medical Residents 1996,97,98
"Unsheathing The Sword": Medical Ethics Presentation Harrisburg Area Estate
Planning Council September 1994
"Neurology 2001: Finding The Ghost in the Machine" presented for
Harrisburg Hospital's Physician-Nurse Collaboration Teaching Day .
Healthcare 2001
"Pain Management" for Nurses Education Day, Harrisburg Hospital
"Non-Cardiogenic Chest Pain" lecture for physicians
"Migraine" lectureship for Family Practice. Internal Medicine physicians. Sponsored by
Cerenex
"Parkinson Disease" lecture for Family Practice. Internal Medicine physicians
Sponsored by Sandoz
Presentations on Termination of Medical Care. Medical Ethics for
Combined Meeting of Dauphin County Bar-Dauphin Medical Society. 1991 Harrisburg
Hospital. Corporate Sponsors and Other Groups
Program: Who Lives, Who Dies. Who Decides?
The Persistent Vegetative State and the Anatomy of Awareness: A Modular
Approach
Clinical Lectures and Grand Rounds on such topics as Migraine, Diabetic Neuropathy,
Lupus Encephalopathy, Guillian- Barre Syndrome, EEG, Evoked
Responses, Strokes and Cerebrovascular Disease, Seizures, Parkinson Disease
3
.-..., ' ~
:.:)
Charles S. Yanofsky, M.D - Curriculum
various other topics given for Physicians, Residents, Nurses and Lay Groups.
, . '
Sponsor Cind Presenter or ma:-iY conferences en Mult1ple Scierosis 1998-2000
Sponsor and Presenter Pinnacle Health Stroke Practicums 1999,2000
.
PUBLICATIONS AND PROJECTS:
"Parainfecfous ,t.ct.:ts Obstructive Hydrocephalus." Annals of Nsur.Jlo2j', July 1981
(with P.A. Hanson, and M. Lepow)
Statistical Analysis of MS Patients treated with Cyclophosphamide and
Plasmapheresis - presented at Harrisburg Doctor's Day
~
"Acute Fulminant MS with a Favorable Clinical Course" - Presentation, at Doctor's Day
Intra-operative Evoked Response Monitoring of Spinal Cord Surgery-Harrisburg
Hospital Experience Doctor's Day Presentation
MIGRAINE HEADACHES: A Patient Guide,1993
UNDERSTANDING MULTIPLE SCLEROSIS: a Guide for Patients and Families:
1993, @1996, 1999
DIZZINESS (and Balance Disorders) EXPLAINED! 1993, @ 1997,1999
BEYOND BIOLOGY: Metaphysical Brain Science, @ 1999
Practice Web and Publication Site: www.pheuro.com
PROFESSIONAL ACTIVITIES:
-Medical Staff President, Harrisburg Hospital 1993-94
-Medical Staff Ass't Secretary Treasurer. Treasurer. and Vice President (1990-92)
-Harrisburg Hospital Medical Staff Executive Committee 1988. 1990-1996
-Chief. section of Neurology Harrisburg Hospital 1990-1996
-Chief, section of Neurology Harrisburg-Polyclinic Medical Center (Pinnacle Health
System) 1996-
-Chief Neurophysiology Lab. Harrisburg Hospital
4
"I>"\
Charles S. Yanofsky, M.D - Curriculum
-C:~2:;r-:-1-3ill [): f:;. :-:1;-. C~ :.~ ,-:/ :.~ :::: ::~~ S:c:.:::.... l:-- .-; ~ ..J: -..: __ .:.;.: :";"' -;-.. .. -: 2" --: ~ :: r >.. ~ ~~ -.
, '.
. .. ,..., 8 E' ~ - "?
H,'.-r',-""'rg 'j'"'-'--' '1".-" ..,...~.- .~..~
_ ,;;:",.'::"';-:.' ~,:....l;'......:;;.. ..;.:::.;"'.;,;_ "..,~.'-: i___-
-~te2~i,-,g Committee forming Physician's Organization and Hospital Medical Staff
PI asident's group
-Harrisburg Hospital Board of Directors
-Harrisburg Hospital Joint Conference Committee
-Harrisburg Hospital Business Planning Committee
"
;
-Physician Representative: Nurse-Physician Collaboration Committee (responsible for
yearly Education Days)
-Chair, Harrisburg Hospital Medical Ethics Committee and member
-Physician Advisor: Organ Donation core Team
-Harrisburg Hospital Centers for Excellence Task Force
-KePRO reviewer in Neurology
. I
-Chair, Harrisburg Hospital Committee on Rehabilitation Medicine
-Vice Chair, Cumberland and Perry County Mental Health-Mental Retardation Board
-Chair, Cumberland-Perry County Mental Health Committee
-Tourette Syndrome Society (PATSA) Board of Directors
-Committee on Criteria for Withdrawal of Care, Harrisburg Hospital
-Harrisburg Hospital Medical Care Utilization Committee 1981-84:'
-Board of Directors- National Multiple Sclerosis Society Central Pennsylvania Chapter
-Chair: Pinnacle Hospital Stroke Team, Developer of Stroke Units
-Chair Pinnacle Hospitals Stroke Practicum Conferences 1999, 2000
5
. ';f~'
,y
-'
IN RE:
TANYA M. KAUTZ,
an alleged incapacitated
person
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-01-1088
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF CUMBERLAND
Be it known, that on the 12th day of December, 2001, before
me, the subscriber, a Notary Public, personally appeared CRAIG A.
HATCH, who, being duly sworn according to law, did depose and state
as follows:
1. I am an adult individual now residing at 28 South 28th
Street, Harrisburg, Dauphin County, Pennsylvania.
2. On December 12, 2001, I personally served Tanya M. Kautz
with true and correct copies of a petition for Adjudication of
Incapacitated Person and for Appointment of plenary Guardian of the
Estate and Person of the Alleged Incapacitated Person, and Citation
with Notice scheduling a hearing on said petition for January 7,
2002.
3. I served said documents by hand deli very to Tanya M.
Kautz at the law offices of Gates & Associates, P.C., 1013 Mumma
Road, Suite 100, Wormleysburg, Cumberland County, Pennsylvania.
4. To the maximum extent possible, I explained the contents
and terms of said documents to Tanya M. Kautz.#~~
L~~
~r{ A~ ~TCH
SWORN TO AND SUBSCRIBED before me, a Notary Public, this 12th
day of December, 2001.
~~)
Notary Public
My Commission Expires:
Notarial Seal
l Teril. Walker, Notary Public
M emoyne BOlO, Cumberland County
Y Commission Expires Jan. 20, 2003
Member, Pennsylvania Association of Notaries
IN RE: TANYA M. KAUTZ
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
AN ALLEGED INCAP ACIATED PERSON
NO. 21-01-1088
IMPORT ANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the Court to have you declared an Incapacitated Person. If the
Court finds you to be an Incapacitated Person, your rights will be affected, including our right to manage
money and property and to make decisions. A copy of the petition which has been filed by MARK E.
HALBRUNER. ESOUIRE is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. J, Cumberland
County Courthouse, Carlisle, Pennsylvania, on MONDAY, JANUARY 7th , 2002, at 2:00 r.M. to
tell the Court why is should not find you to be an incapacitated Person and appoint a Guardian to act on
your behalf.
To be an incapacitated Person means that you are not able to receive and
effectively evaluate information and communicate decisions and that you are unable to
manage your money and/or other property, or to make necessary decisions about where
you will live, what medical care you will get, or how your money will be spent.
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 as to your alleged incapacity.
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 of full powers to act for you.
If the court finds you are totally incapacitated, your legal rights will be affected
and you will not be able to make a contract or gift of your money to 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:7?'?~ f.? /~ fU, (1, a ..;xJ::'J;i.~/ D/('~
Clerk, Orphans' Court Division
Cumberland County, Carlisle, P A
My Commission Expires I st Monday,
January, 2002
OJ
IN RE:
TANYA M. KAUTZ,
an alleged incapacitated
person
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-01-1088
AND NOW,
1.. ~ ORDER
~ day of
2002,
upon
this
consideration of a petition to
Kautz an
incapacitated person and appoint a guardian for her estate and
person, and following a hearing thereon with due notice, it is
hereby ordered that Tanya M. Kautz is adjudged a totally
incapacitated person and that the petitioner, Ronald P. Kautz, is
appointed plenary guardian of the estate and person of Tanya M.
Kautz, to serve without bond.
within thirty (30) days, said
guardian shall file an inventory of all real and personal property
coming into his possession as guardian.
Distribution:
~",.
.
o l: Z d L - NlIf ZOo
Mark E. Halbruner, Esquire
Gates, Halbruner & Hatch, P.C.
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(Attorneys for Petitioner)
,ri![3BH
--::'lO~atf
'--";"-_:-~--.-~::)
IN RE:
TANYA M. KAUTZ,
an alleged incapacitated
person
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-01-1088
FINAL REPORT OF RONALD P. KAUTZ,
PLENARY GUARDIAN OF THE ESTATE AND PERSON OF
TANYA M. KAUTZ, AN INCAPACITATED PERSON
GRANT OF GUARDIANSHIP: JANUARY 7, 2002
AND NOW, comes Ronald P. Kautz, plenary guardian of the estate
and person of Tanya M. Kautz, an incapaci ta ted person, by and
through his attorneys, Gates, Halbruner & Hatch, P.C., to render
the following Final Report pursuant to 20 Pa.C.S. ~5521(c) (2):
1. By Order of this Court dated January 7, 2002, Ronald P.
Kautz was appointed plenary guardian of the estate and person of
his wife, Tanya M. Kautz, an incapacitated person.
2. Tanya M. Kautz died at Holy Spirit Hospital, East
Pennsboro Township, Cumberland County, Pennsylvania, on January 26,
2002.
3. Ronald P. Kautz did not have the opportunity to file with
this Court an Initial Inventory listing all property received by
him as plenary guardian of the estate of Tanya M. Kautz.
GATES, HALBRUNER & HATCH, P.C.
1.(",
.;'~
('''''I
0._
'~;)
"
I
OJ
l..w
LL.
BY:
111#1l ~ :;j~----
Mark E. Halbruner, Esquire
1013 Mumma Road, Suite 100
Lemoyne, PA 17043
(717) 731-9600
(Attorneys for the Guardian)
:'~
:cD
a:
p
'10,.... ".-
(i.'; :":.-:
'- -'
",.....
......,I.~
Date:
\ l-s, 102-
,
~~Jt~>I;J~'i.:li,!i:.i~l~~~~;~~&.4:i;;;t~lire~;~~;~[;E~~-~~~~f1~~~~'Iit~tif~~'W~"t~~fi'~~;~~~i~1~~!{Fi~,!~'''~o~~
~*;7wA~~j[~,at~':~'f~-t;it~t~Y~~4"i~~if~~.~~~2G~~;~~!~:h.~Z~~~~~~~~i.~~~YS.f!'~~~.; .>ir~~~!if~~~~~}t~~a~~it~~~~