HomeMy WebLinkAbout02-22-08 (2)
IN RE: DORCAS J. SHEARED
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYL VANIA
: ORPHANS' COURT DIVISION
an alleged incapacitated person
: NO. 21-08-0081
On the Petition of Lester L. Sheared
SUMMARY OF SERVICE
I. Petition for Guardianship filed on January 21, 2008.
2. Petition served on Golden Living Center and Jacqueline Kelly as attorney for Petitioner
Lester L. Sheared, on January 29,2008 by the clerk of orphan's court of Cumberland
County.
3. Proof of Service of Citation was executed on January 28,2008 and filed on February 6,
2008.
PETITIONER'S
EXHIBIT
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IN RE: DORCAS J. SHEARED
vs.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA ORPHANS'
COURT DIVISION
An alleged incapacitated NO. 21-08-0081
person
On the Petition of Lester L. Sheared
ORIGINAL
DEPOSITION OF:
GREG R. EHGARTNER, D.O.
TAKEN BY:
Petitioner
BEFORE:
Tracy L. Lee,
Court Reporter-Notary Public
.
DATE:
February, 5, 2008, 4:00 p.m.
PLACE:
1890 Popular Church Road
Suite 508
Camp Hill, Pennsylvania
APPEARANCES:
JAN L. BROWN & ASSOCIATES
BY: JACQUELINE A. KELLY, ESQUIRE
FOR - PETITIONER
PETITIONER'S
EXHIBIT
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Cl~ntral sylvania
furt Reporting Services
00-863-3657 . 717-258-3657 . 717-258-0383 fix
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2
. 1 INDEX TO TESTIMONY
2 DEPONENT EXAMINATION P l\G E
3 Greg Ehgartner, D.O. By Ms. Kelly 3
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9 INDEX TO EXHIBITS
10 NO. DESCRIPTION P l,G E
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GREG R. EHGARTNER, D.O., after having been
first duly sworn, was examined and testified as
follows:
MS. KELLY: This is the deposition of
Dr. Greg Ehgartner regarding Dorcas J. Sheared an
alleged incapacitated person. Dr. Ehgartner, I have
some questions for you. This deposition is for a
guardianship proceeding.
But at any time you do not hear me, please
ask me to restate the question. If at any time I'm not
clear or you don't understand the question, please ask
me to rephrase it.
Do you understand?
THE WITNESS:
MS. KELLY:
Yes.
Thank you.
In attendance are
myself,
Jacqueline A. Kelly from the law firm of Jan L. Brown &
Associates and Dr. Ehgartner.
EXAMINATION
BY MS. KELLY:
Q. Dr. Ehgartner, could you state your name and
professional address?
A. Greg Robert Ehgartner, Susquehanna Internal
Medicine Associates, Suite 508, 890 Popular Church
Road, Camp Hill, Pennsylvania.
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Q. Will you please describe your education,
training and background with particular emphasis on
your experience in evaluating individuals with
incapacities?
A. I received my medical school training at
Philadelphia College of Osteopathic Medicine. I had a
rotating internship at Community General Osteopathic
Hospital in Harrisburg, Pennsylvania; a three-year
internal residency at Harrisburg Hospital in
Harrisburg, Pennsylvania.
And I'm board certified by the American
Board of Internal Medicine and have a certificate in
Geriatric Medicine from the same board.
I've been a
physician, internal medicine physician, for 18 years.
I've attended patients at various nursing
homes over that time, and during the same interval,
have performed geriatric assessments on patients.
Q. SO you did say you are board certified in
Geriatrics?
A. Yes, as well as Internal Medicine.
Q. When did you first examine Dorcas Sheared?
A. On September 10th of 2007.
Q. Was she referred by anyone?
A. She was referred by the Administrator of the
Camp Hill Care Center on Erford Road.
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Q. Did you receive a history from another
physician?
A. I did receive the history from another
physician, but I reviewed the documents that
accompanied her to that facility.
Q.
Okay.
Since that first visit, how
frequently have you examined her?
A. I've seen her on -- I saw her on October
13th of 2007, as well as November 13th of 2007,
December 3rd of 2007, and January 7th of 2008.
Q. Can you tell us what Mrs. Sheared's
diagnosis is?
A. She has several diagnoses, most notably
senile dementia of the Alzheimer-type. She also has a
history of hypertension and hypothyroidism.
Q. Can you please describe her senile dementia?
Is it progressive?
A. Her dementia is progressive and in my
opinion severe.
We had done a mini mental status
examination on her which is scored on a 30-point scale,
and she scored 0 out of 30, and that was on admission
to the facility.
Q. Okay. Would you please describe her
physical impairments and state whether each is mild,
moderate or severe?
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A. Her hypertension is mild. It 1S controlled
with medication. Her hypothyroidism is also mild,
controlled with medication. She has had difficulties
with leg or lower extremity swelling, which again is
controlled with medication.
And while in the facility, she developed a
urinary tract infection which was treated with
antibiotics.
Q. SO you have stated that her Alzheimer's is
severe. You believe that is severe --
A. Yes.
Q. -- as far as her mental impairments?
A. Yes.
Q. In your opinion is the ability of
Mrs. Sheared to receive and evaluate information
effectively and communicate decisions in any way
impaired to such significant extent that she's
partially or totally unable to manage her financial
resources or to meet essential requirements for
physical health and safety?
A. Yes, she's severely impaired in those
regards.
Q. Do you believe that she's partially or
totally unable to manage her financial resources?
A. Totally unable.
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Q. Do you believe she's able to meet essential
requirements for physical health and safety?
A. No.
Q. In the petition it was stated Mrs. Sheared
suffers from dementia and is unable to comprehend
sufficiently or effectively make decisions. With
respect to that, can you comment on her abilities that
you're seeing from a medical point of view, maybe her
social skills and ability to function in the
mainstream?
A. She requires total care at the nursing
facility with activities of daily life, including
bathing, dressing, eating, and moving about the
facility. Her ability to communicate is impaired.
There's very little content to her thought process and
speech.
Q. As far as services necessary to meet her
physical health and safety, do you believe that she
needs to continue to reside in the nursing home?
A. Yes, I do.
Q. What recommendations would you make
concerning the management of her financial resources
such as a Power of Attorney or Guardianship?
Do you
think she's able to sign a Power of Attorney?
A. I don't think she is. And I think her
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financial responsibilities would be best managed by a
Guardian or Power of Attorney.
Q. Though you don't believe she's able to sign
a Power of Attorney then?
A.
I don't think she is.
I don't think she's
capable of understanding it.
Q. Okay. What recommendation would you make
concerning the development or regaining the physical or
mental abilities of Mrs. Sheared?
A. Unfortunately, we have no effective
treatment for this type of dementia at the present
time. So the chance that she would improved from a
mental standpoint is extremely unlikely.
Q. SO it's true you don't expect her to regain
any of her abilities?
A. True.
Q. And do you believe the physical or mental
condition of Mrs. Sheared would be harmed by her
presence in open court?
A. Yes, I do.
Q. Is there anything else that you would like
to add?
A. No, there isn't.
MS. KELLY:
Thank you very much, and the
family thanks you also.
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. 1 THE WITNESS: You're welcome.
2 (The examination concluded at 4:20 p. m. )
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1
COMMONWEALTH OF PENNSYLVANIA
)
) SS.
)
2
COUNTY OF CUMBERLAND
3
4
I, Tracy L. Lee, a Court Reporter-Notary
5 Public authorized to administer oaths and take
6 depositions in the trial of causes and having an office
7 in Mechanicsburg, Pennsylvania, do hereby certify that
8 the foregoing is the testimony of
9 GREG R. EHGARTNER, D.O.
10 I further certify that before the taking of
11 said deposition the witness was duly sworn; that the
12 questions and answers were taken down stenotype by the
13
said Reporter-Notary and afterwards reduced to computer
14 printout under the direction of said Reporter.
15 I further certify that the proceedings and
16 evidence are contained fully and accurately in the
17 notes taken by me on the within deposition to the best
18 of my ability, and that this copy is a correct
19 transcript of the same.
20
In testimony whereof, I have hereunto
21
inscribed my hand this
8th day of February, 2008.
~~ ~~e----------------
co~f~porter-Notary Public
NOTARIAL lEAL
TRACY L LEE
Notary PuDIIC
HAMPDEN 1WP, CUMlERLAND COUNtY
My CommlHlon bpi'.. Noy 12. 2011