HomeMy WebLinkAbout02-28-08
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
IN RE: THE ESTATE OF
ELIZABETH M. GARDOSIK, AN
ALLEGED INCAPACITATED
PERSON
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PETITION FOR ADJUDICATION OF INCAPACITY AND APPOINTMENT
OF PLENARY GUARDIANS OF THE ESTATE AND PERSON OF
ELIZABETH M. GARDOSIK
IN ACCORDANCE WITH 20 PA. CONS. STAT. ~ 5511
TO THE HONORABLE JUDGES OF SAID COURT:
1. Petitioners are Sandra M. Gardosik, an adult individual residing at 3030 North 3rd
Street, Harrisburg, Pennsylvania 17110, and her brother, Andrew Gardosik, an adult individual
residing at 88 Marbob Road, Halifax, Pennsylvania, 17032.
2. The alleged incapacitated person, Elizabeth M. Gardosik, is a widow, is 81 years of
age, was born on August 27, 1926, and maintains her legal residence at 4814 Virginia Road,
Mechanicsburg, Cumberland County Pennsylvania, and has resided there since 1959.
3. The following persons, all over the age of 18 years, are the only known living next-
of-kin of the alleged incapacitated person:
A. David Gardosik (son), 4814 Virginia Road, Mechanicsburg, PA. 17050
B. Paul Gardosik (son), 129 South Belvidere Avenue, York, PA 17401
C. Rita Morrison (daughter), 1724 Hillsboro Road, Hooversville, P A 15963-8400
D. Sandra M. Gardosik (daughter), 3030 North )ld Street, Harrisburg, P A 17110
E. Andrew Gardosik (son), 88 Marbob Road, Halifax, P A 17032
F. Michael Gardosik (son), 2806 E. Standish A venue, Anaheim, CA 92806
4. To the extent known by Petitioner, the assets of the alleged incapacitated person are
estimated as follows:
A. Real estate - dwelling house at 4848 Virginia Road, Mechanicsburg, P A
17050
B. Personal property -
i) Banking - Commerce Bank
Checking Account #536960859 - balance $130.00
Checking Account #537608085 - balance $1,200.00
Savings Account #626992606 - balance $] ,860.00
ii) Stocks - Nation Wide Financial Stock
$21,000 estimated value as of 2/1 0/08
Investors ID#8067] 2524334 - was recently sold and check
Is in transfer to savings account #626992606 at Commerce Bank
iii) Stocks - First Energy Corp.
$7,000 estimated value as of 2/ 10/08
Account #0000069905 - CUSIP #337932107
iv) MML Investor ServIces
Total portfolio $197,842.00 as of January 1,2008
Account #HTM-O 13536
v) 1998 Chevy Lumina
5. Petitioners estimate the alleged Incapacitated person's annual income to be
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$22,325.16 consisting of$138.43 per month from a pension, $1,222.00 social security per month;
and $500.00 per month in dividends and interest and principal from MML Investor Services.
6. The alleged incapacitated person was not a member of the armed services of the
United States and is not receiving any monthly benefits from the United States Veterans'
Administration.
7. The alleged incapacitated person presently suffers from the effects of:
Alzheimer's disease; obstructive sleep disorder and moderate to severe memory loss
8. Because of her medical condition, the alleged incapacitated person is totally unable
to manage her financial affairs and is unable to make and communicate responsible decisions
relating thereto.
9. Because of her impaired medical condition, the alleged incapacitated person lacks
the capacity to make or communicate responsible decisions conceming her person.
10. The following altematives to the appointment of a guardian of the estate have been
considered: Her daughter, Sandra M. Gardosik, and her son, Andrew Gardosik, have power of
attomey for her.
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11. The severity ofthe alleged incapacitated person's medical condition and the fact that
she may be taken advantage of by others necessitates that a plenary guardian of her estate be
appointed to manage and handle all aspects of the alleged incapacitated person's estate, specifically
including, but not limited to: all issues relating to her cash, checks, and any bank or savings
accounts held in her name, her personal property, her entitlement to any governmental and non-
governmental benefit plans, federal, state, and local taxes, claims made or to be made on behalf of
her or against her, the execution of documents, entry into contracts affecting her and the payment
of reasonable compensation or costs to provide services for her.
12. The following alternatives to the appointment of a guardian of the person have been
considered: Her daughter, Sandra M. Gardosik, and her son, Andrew Gardosik, have power of
attorney for her.
13. The severity of the alleged incapacitated person's medical condition necessitates that
a plenary guardian of her person be appointed to handle all issues relating to the person of the
alleged incapacitated person, specifically including, but not limited to: her living arrangements, her
medical care, the administration of medications to her, and the employment and discharge of
physicians, dentists, nurses, therapists and other professionals.
14. Petitioners are not aware that the alleged incapacitated person signed any powers of
attorney, other than that mentioned in paragraphs 10 and 12 herein, or advance health care
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directives or in any other way designated anyone to serve as her agent over any of her personal or
financial affairs or as her surrogate over her medical care, or that she designated in writing her
wishes with regard to health care, including the use or refusal of life-sustaining treatment.
15. The proposed plenary guardians of the person ofthe alleged incapacitated person are
her daughter, Sandra M. Gardosik, who resides at 3030 North yd Street, Harrisburg, Pennsylvania
17110, and her son, Andrew Gardosik, who resides at 88 Marbob Road, Halifax, Pennsylvania,
17032.
16. The proposed plenary guardians or the person are two of her children, adult
individuals and are high school graduates and are sufficiently qualified to act in said capacity.
17. The proposed plenary guardians of the estate of the alleged incapacitated person are
her daughter, Sandra M. Gardosik, who resides at 3030 North 3rd Street, Harrisburg, Pennsylvania,
17110, and her son, Andrew Gardosik, who resides at 88 Marbob Road, Halifax, Pennsylvania,
17032..
18. The proposed plenary guardians have no interest adverse to the alleged incapacitated
person.
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19. The consent of the proposed plenary guardians is attached as Exhibit "A".
20. No other court has ever assumed jurisdiction in any proceeding to determine the
capacity of the alleged incapacitated person.
21. No other guardian has been appointed for the estate or person of the alleged
mcapacitated person.
WHEREFORE, petitioners respectfully request that this court award a citation directed to
ELIZABETH M. GARDOSIK, the alleged incapacitated person, and to such other persons as this
Court may direct, to show cause why ELIZABETH M, GARDOSIK should not be adjudged a fully
incapacitated person, and SANDRA M. GARDOSIK and ANDREW GARDOSIK be appointed
plenary guardians of her person and plenary guardians of her estate.
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GREGyIV' M. KERWIN
GREGORY M. KERWIN, ESQUIRE
ATTORNEY FOR THE PETITIONERS
4245 Route 209
ELIZABETHVILLE, PA 17023-9765
(717) 362-3215
Supreme Court ID No. 21222
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VERIFlCA TION
I, SANDRA M. GARDOSIK verify that the statements made in the foregoing Petition are
true and correct to the best of my personal know ledge, information and belief.
I understand that the statements made herein are subject to the penalties of 18 Pa. c.s.
,*4904, relating to unsworn falsification to authorities.
Dated: February2"l, 2008
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SANDRA M. GARDOSIK
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VERI FICA TION
I, ANDREW GARDOSIK, verify that the statements made in the foregoing Petition are true
and correct to the best of my personal knowledge, information and belief.
I understand that the statements made herein are subject to the penalties of 18 Pa. c.s.
~4904, relating to unsworn falsification to authorities.
Dated: February ).... f, 2008
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ANDREW GARDOSIK
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
IN RE: THE ESTATE OF
ELIZABETH M. GARDOSIK, AN
ALLEGED INCAPACITATED
PERSON
NO.
CONSENT OF GUARDIAN OF THE ESTATE AND PERSON
I, SANDRA M. GARDOSIK, hereby consent to act as the Guardian ofthe Estate and Person
of ELIZABETH M. GARDOSIK.
I reside at 3030 North 3111 Street, Harrisburg, P A 17110, and work as an Entomologist with
the Pennsylvania Department of Agriculture and am otherwise fully qualified to serve in said
capacity.
I am a citizen of the United States of America and can speak, read and write the English
language.
I have no interest adverse to ELIZABETH M. GARDOSIK, the alleged incapacitated person.
Date: -;/t.,(r. 2/ , 2008
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SANDRA M. GARDOSIK
EXHIBIT "A"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
IN RE: THE ESTATE OF
ELIZABETH M. GARDOSIK, AN
ALLEGED INCAPACITATED
PERSON
NO.
CONSENT OF GUARDIAN OF THE EST ATE AND PERSON
I, ANDREW GARDOSIK, hereby consent to act as the Guardian of the Estate and Person
of ELIZABETH M. GARDOSIK.
I reside at 88 Marbob Road, Halifax, P A 17032, and work as a Radiation Health Physicist
with the Pennsylvania Department of Environmental Protection and am otherwise fully qualified
to serve in said capacity.
I am a citizen of the United States of America and can speak, read and write the English
language.
I have no interest adverse to ELIZABETH M. GARDOSIK, the alleged incapacitated
person.
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Date: 2-/1.-/
,2008
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ANDREW GARDOSIK
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EXHIBIT "'A"
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IN RE: THE ESTATE OF
ELIZABETH M. GARDOSKI
ALLEGED INCAPCITATED PERSON
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' DIVISION
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DEPOSITION OF: MARIA MICHALEK, M.D.
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TAKEN BY: SANDRA & ANDREW GARDOSIK
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BEFORE: KAY C. WILLIAMS, RPR,
NOTARY PUBLIC
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DATE: JANUARY 29, 2008, 9:55 A.M.
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PLACE: 897 POPULAR CHURCH ROAD
CAMP HILL, PENNSYLVANIA
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18 APPEARANCES:
KERWIN & KERWIN
19 BY: GREGORY M. KERWIN, ATTORNEY AT LAW
20 FOR - SANDRA & ANDREW GARDOSIK
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GEIGER & LORIA REPORTING SERVICE 1-800-222-4577
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Maria Michalek, M.D.
By Mr. Kerwin
TABLE OF CONTENTS
WITNESS
DIRECT
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MARIA MICHALEK, M.D., called as a witness,
being sworn, testified as follows:
DIRECT EXAMINATION
BY MR. KERWIN:
Q Good morning, Doctor. My name is Greg Kerwin.
Thank you for being available this morning. I represent
Sandra and Andrew Gardosik, who are two of the children of
your patient, Elizabeth M. Gardosik.
We are seeking to have a guardian appointed
for Elizabeth M. Gardosik. As her physician, doctor, I
would like you to state your full name for the record,
please.
A I'm Maria Michalek, M-i-c-h-a-l-e-k, a medical
doctor.
Q Are you licensed to practice medicine in the
Commonwealth of Pennsylvania?
A Yes, I am.
Q How long have you been so licensed, Doctor?
A Since 1982.
Q Would you just briefly describe your
educational background, please?
A I finished medical school in Czechoslovakia
in 1972, finished my residency training program in
Czechoslovakia, practiced neurology in Czechoslovakia until
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A
1980, when we moved to united States.
I took examination for foreign medical
graduates in 1981, the language in 1982, finished my english
part of the examination 1982, applied for residency training
program. I finished residency training program 1982 to 1986
at Hahnemann University in Philadelphia, moved to the area
in 1986, meaning Harrisburg area, initially working
multi-specialty practice and opened my own practice three
years later in 1989, have been in private practice since.
Q Doctor, how long has Elizabeth M. Gardosik
been under your care?
A Mrs. Gardosik was first time seen in our
office on June 28th, 2005.
Q How often have you seen Mrs. Gardosik since
that time?
I saw her three times after her initial
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appointment.
Q How would you describe Mrs. Gardosik's medical
condition?
A Mrs. Gardosik presented with history of recent
memory problems. She was brought to me by her daughter, who
gave most of the history regarding her memory problem since
patient herself is not aware about her medical condition.
She doesn't have a good insight as to her
medical problems. She already had a diagnosis made by her
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1 family doctor and came with the medication on board for her
2 memory problems for Alzheimer's disease, which is Aricept,
3 A-r-i-c-e-p-t.
4 When she came to my office, her mini-mental
5 status examination was 21 out of 30. This gets her into the
6 moderate to severe memory problem, Alzheimer's disease,
7 which she had.
8 She had the negative workup with regards to
9 the MRI scan of the brain and blood work for treatable cause
10 of dementia. She was also diagnosed with obstructive sleep
11 apnea, which is my subspecialty, too, with a sleep disorder
12 medicine and was treated for this condition, as well, in
13 2006.
14 Since that time, she's on two medications for
15 her memory. One is Aricept. The other is Namenda,
16 N-a-m-e-n-d-a. She responded to this medication to some
17 degree that her mini-mental status examination kind of
18 improved by two points. But she continued to have increased
19 difficulty. To kind of explain, she is oriented to person,
20 not to date or place.
21 She knows her address but doesn't know her
22 age. She will be able to tell you what date what year
23 she was born but -- actually, I'm sorry. In the last visit,
24 she no longer knew what year she was born or exact date of
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1 She cannot do the spelling. She cannot do the
2 simple calculation. She could not remember any of the three
3 objects after three minutes of conversation. She has no
4 insight as to anything wrong with her.
5 She will say I'm fine. She's able to get
6 herself dressed. She needs help to get her showers because
7 she will kind of neglect to do so.
8 She is able to feed herself but she no longer
9 can cook. The food is provided by her son who lives with
10 her. Her son pretty much supervises her all 24 hours.
11 Q Doctor, have you formed an opinion as to the
12 prognosis for Mrs. Gardosik?
13 A Based on this medical data, I think that
14 Mrs. Gardosik does have Alzheimer's disease which 1S
15 progressive and is not expected to get better. Actually, as
16 patient with Alzheimer's, she's expected to get worse and
17 will require more supervision.
18 Q Doctor, do you think Mrs. Gardosik is able to
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I don't think so.
Q Do you feel that she would be able to manage
her own financial affairs?
A Not at all.
Q
Would she, for instance, in your opinion,
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Doctor, be able to balance a checkbook?
A I don't think so. She cannot do the simple
calculation.
Q One last question, Doctor. Do you feel that
Mrs. Gardosik is capable of managing her own essential
requirements for her own physical health and safety?
A Mrs. Gardosik is not safe to live alone. She
needs constant supervision with every daily activity which
she does.
MR. KERWIN: Thank you very much, Doctor.
(Deposition was concluded at 10:00 a.m.)
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STATE OF PENNSYLVANIA
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COUNTY OF DAUPHIN
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I, Kay C. Williams, a Reporter Notary-Public,
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authorized to administer oaths within and for the
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Commonwealth of Pennsylvania and take depositions in the
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trial of causes, do hereby certify that the foregoing is the
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testimony of
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MARIA MICHALEK, M.D.
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I further certify that before the taking of
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said deposition, the witness was duly sworn; that the
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questions and answers were taken down stenographically by
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the said reporter, Kay C. williams, Reporter Notary-Public,
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approved and agreed to, and afterwards reduced to
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typewriting under the direction of the said reporter.
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I further certify that the proceedings and
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evidence contained fully and accurately in the notes by me
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on the within deposition, and that this copy is a correct
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transcript of the same.
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In testimony whereof, I have hereunto
subscribed my hand this 3/Eday of 901U10A'i ,2008.
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Kay C. Williams, RPR
Notary Public
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My commission expires:
August 5, 2008
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