HomeMy WebLinkAbout06-11-08 (2)~ ~~
' RICHARID L
PIPER : IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
an alleged
Incap<~citated Person
ORPHANS' COURT DIVISION
NO, 08-546
DEPOSITION OF: PHILII' A. NEIDERER, D.O.
TAKEN BY: Petitioners} .
BEFORE: Cheryl Farner Donovan, RPR-Notary
DATE: Wednesday, June 4, 2008, scheduled for 3:00 p.m.
PLACE: Office of Deponent
Masland Associates, Inc.
Medical Arts Building n ~ -
220 Wilson Street v n `-- " _ :..
Suite 109, First Floor, .-,.--
Carlisle, PA 17013 ===.`-x? - _ ;-',
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APPEARANCES:
FRF:Y & TILEY
BY: ROBERT G. FREY, ESQUIRE
5 South Hanover Street
Carlisle, PA 17013
FOR -PETITIONERS
ORIGINAL
Registeract Professional Court Reporter '~~
o ~ ~ ~ 305 t3uttshead Raad
Newviile, PA 17241
43g~.,;Nb Phone (7'f?) i76-3515
Cottrtr~vm,~ Frees-lanes importing ~ Experience Since 185 ~---~ .~
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~ (Commenced at 3:40 p.m.)
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Whereupon,
PHILIP A. NEIDERER D.O.,
having been first duly sworn, according to law, testified as follows:
DIRECT EXAMINATION
BY MR. FREY:
Q Do you have any questions before we start?
A I do not.
Q Could you state your name and business address for the
record?
A Philip Andrew Neiderer, 220 Wilson Street, Suite 109,
Carlisle, PA 17013.
Q And what degrees do you have?
A D.O., Board Certified in Internal Medicine.
Q And you're licensed to practice medicine in
Pennsylvania?
A Yes.
Q How long have you practiced?
A Since 1993.
Q Have you had occasion to treat or see Richard L. Piper?
A I have.
Q What length of time have you seen him?
A Ten years.
Q Do you recall when the most recent examination
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w~u,u nave neen-!
A I believe December of 2007 for the last regular visit. I
think he has been in subsequently for other issues. If I need to get
an electronic record to find out exactly, I can do that. I know I have
seen him within the last six months.
Q That's fine. You have his file with you there, at least
part of his record?
A Correct.
Q Based on your examinations and review of his records,
what would your diagnosis be for him?
A Cerebral palsy and severe mental retardation, and a
seizure disorder.
Q Is there any expectation that his condition would change
for the better or improve?
A Absolutely not.
Q And based on that diagnosis, what would you say are his
mental limitations or impairments?
A He has severe mental retardation. He is not able to care
for himself at all. He is not able to make any decisions in regard to
his care or welfare whatsoever.
Q Is he able to communicate with you in any way
regarding his condition?
A No. He is non-verbal.
Q And would he be able to take medication on his own?
A No. Everything he takes is administered by his parents.
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Q The proposed guardians in this case are his parents.
Have you had occasion to see either or both of them before?
A Yes. They are always in attendance with their son when
he comes in for his visits and I have seen them individually for their
own medical care.
Q And have you had opportunities then, when they have
been with their son for these visits, to discuss his condition with
you?
A Yes.
Q From those discussions and reviews, do you think they
understand his condition and his limitations?
A They are well aware of his condition and all his
limitations.
Q Have you ever seen them take any positions or make any
decisions that you think were in disagreement with your
recommendations for his care?
A No. His parents are some of the most loving parents
you would ever meet. They have taken excellent care of Richard for
his entire life. He needs total care 24 hours a day and they have
done a wonderful job through the years in taking care of him. Any
recommendations Ihave had, in regard to his care, they have
followed through with completely.
~ Q And I think, from what you've said before this was
covered, but just so we're clear. The limitations that
you mentioned earlier for Richard, would they prevent him
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from managing his finances or making any decisions concerning the
management of his money?
A Richard is not able to even understand access to how to
get food or take care of his daily needs. He certainly has no ability
whatsoever to manage his finances or his personal affairs.
Q And could you think of any arrangements that could be
made, short of having guardians for him, that would be able to
provide for his needs that he would be able to do outside of a
guardianship?
A No.
Q And then, finally, if an attorney would be appointed to
represent him in this matter, would he be able to communicate with
', Richard concerning representation?
A Absolutely not.
MR. FREY: Thank you very much. I have no other
questions.
(Concluded at 3:45 p.m.)
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CERTIFICATION
I, CHERYL FARNER DONOVAN, a Registered
Professional Reporter and Notary Public, certify that the foregoing
is a true and accurate transcript of the deposition of PHILIP A.
NEIDERER, D.O., who was first duly sworn by me at the place and
on the date hereinbefore set forth.
I further certify that I am neither attorney nor counsel
for, nor related to or employed by any of the parties to the action in
which this deposition is taken, and further that I am not a relative or
employee of any attorney or counsel employed in this case, nor am I
financially interested in the action.
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Cheryl Farner Donovan
Registered Professional Reporter
Notary Public
The foregoing certification of this transcript does not apply to any
reproduction of the same by any means unless under my direct
control and/or supervision.)
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