HomeMy WebLinkAbout01-05-09IN RE:
In RE: HERBERT ISAAC SOCCER
An Incapacitated Person
CAROL RUDNICK SOCCER,
Petitioner :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 83 OC 2008
.IOINT STIPULATION
Petitioner, Carol Rudnick Soller {herein "Petitioner" and/or "Carol'), by and through her
attorneys, Neil W. Yahn of James, Smith, Dietterick & Connelly, LLP and Respondent, Herbert
Isaac Sailer {"Herbert") by and through his attorneys, Elizabeth P. Mullaugh of McNees,
Wallace & Nurick LLC file this Joint Stipulation to obviate the need for a hearing on January 8,
2009 for the reasons as set forth herein.
1. Petitioner filed an Emergency Petition to Adjudicate Herbert Incapacitated and
Appoint Temporary Guardian on or about November 19, 2008 consistent with 20 PA. C.S. §5511
(herein "Petition"} set forth as Exhibit "A".
2. Subsequently, a hearing was held after proper notice and an Order was issued
therefrom as further reflected in the attached Exhibit "B".
3. In the Order, this Honorable Court appointed the Petitioner as Temporary
Guardian of both Herbert's person and estate pending the adjudication of a full wrin
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4. The Order set a hearing for January 8, 2009 at 2:30 PM to address~erm sent
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appointment and proper notice was issued thereon.
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S. Herbert is incapacitated as a result of extensive cardiac complications, renal
failure, and episodes of metabolic encephalopathy as discussed in further detail in the Petition.
6. Additional testing was performed on December 27, 2008 by Dr. Thomas G.
Bowers, Ph.D., to determine whether the pattern of functioning was permanent or temporary due
to the earlier issues with encephalopathy.
7. Dr. Bowers concluded the pattern of functioning was permanent and likely to
further deteriorate. A copy of Dr. Bowers' report is attached as Exhibit "C".
8. As per 20 PA C.S. §SS11, Dr. John Hume, M.D. testified at the emergency
hearing, and in his opinion dated November 8, 2008, that Herbert's presence in the courtroom
would be undesirable for both mental and physical reasons.
9. Petitioner represents as of the date hereof, Dr. Hume has not changed his position
with regard to the presence of Herbert at any hearing (a copy of Dr. Hume's report was
submitted to the court as evidence at the emergency hearing and is attached hereto byway of
reference as Exhibit "D")
10. Petitioner represents adequate notice has been provided to Herbert's intestate
heirs and a copy of this proposed joint stipulation was mailed to them via overnight mail on
January 2, 2009 to obviate the need for a hearing.
1 l . Petitioner will garner the documents to complete an inventory and accounting as
per 20 Pa. C.S. §5512.3.
12. Counsel far Herbert agrees adequate notice has been provided and that objections
will not be filed as to the appointment of Carol as permanent guardian of the estate and person of
Herbert as further reflected in the attached proposed Order set forth as Exhibit "E".
JAMES, S ITH, DIETTERICK
& CONNEL Y LLP
By: _
Neil~Varn Yahn
Att rney I. . #82278
P. .Box6 0
He shey, P ] 7033-0650
MCNEES, WALLACE & NURICK, LLC
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~zabeth P. N
Attorney I.D. #76397
100 Pine Street
Harrisburg, PA 17108-1166
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IN RE: HERBERT ISAAC SOLLF.R, an ) IN THE COUK"1- OF COMMON PLEAS OF
Incapacitated Person ) CUIvIBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT' DIVISION
ON THE PETITION OF CAROI-, j
RUDNICK SOCCER ) No. 83 OC '?008
I'REIdMINAR'Y ORllIF;R OF COiIRT
HF,ARING FOR TEMPORARY GUARDIAN
AND NOW, this day of , ?008, the foregoing Petition having been
presented to this Honorable Court, upon consideration thereof and on Petition of Neil VV. Yahn,
Esquire of the law firm of .lames, Smith, Dietterick & Connelly, LLP, counsel for the Petitioner,
it is ORDI~RED and DECREED that an Order 'be awarded, and directed to Herbert Isaac Soller
to show cause at a hearing why Carol Rudnick Soller should not be appointed the temporary
plenary guardian of his person and estate.
The time and place of the hearing on the petition for appointment oFa temporary plenary
guardian of the estate and perscm of the alleged incapacitated person is fixed for
?008, at _ o'clock, _M., prevailing time, in the Orphans' Court
Division, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania.
At least twenty (20) days written notice of the hearing shall be given to Herbert ]saac
Soller, the alleged incapacitated person, for the purpose of the hearing to establish permanent
plenary guardianship of the person and estate, by serving him personally with the Citation and
this Order of Court and a copy of the foregoing petition, together with an explanation of the
content and terms of the petition; and at least ten (l (}~ days ~~'ritten notice; of the permanent
petition and hearing shall also be given to the next of kin and to the following parties in interest:
Carol Rudnick Soller
7 Saratoga Place
Camp }lilt, P.A 1701 1
Spouse of 1--lerbert Isaac Soller
Jeffrey A}an Soller
3022 King Street
Berkeley, CA 44703
Son of~Herbert Isaac Soller
Jonathan Mark Soller
23 Old Bristol Road
New Hampton, NH 03256
Son of Herbert Isaac Soller
Amy Lynne Soller
2l9 S. West Street
Alexandria, VA 22 ~ l 4
Daughter of Herbert Isaac So11er
either personally or by registered or certified mail.
l3Y THE COURT:
J.
Distribution:
.~V'eil YVanrer }'ahn, Esgrcire, James Smith Dietterick & Connelly, LLI'. P.O. Box 650. Iler-shey, PA 17033
Anorners Jor Petitinner
'veil Warner y'ahn, Esquire
attorney Ltd. X10. 8227
.lenses S3nith J~ietterick ~ Connelly, LLP
P.O. Box 650
Hcrshev. PA 17033
:luorne'ys for Petitioner
IN RF: HERE3ERT 1SAAC SOL,LI~~R_ an ) IN TI3I=; COURT OF COMMON PLEAS OF
Incapacitated Person ) Ct?MBERLAND COUNTY, P1~NNSYI_VANI.A
}
} ORPHANS' COURT DIVISION
ON THE PTTITION OF CAROL )
RUDNICK SOLL.ER ) No. 83 UC 2U0~
EMERGENCY PETITION TO AI)J[IDICATE
INCAPACITATED AND APPOINT
TEMPOILARY G UARDIAN OF TIIE PERSON AND ESTATE
'TO THE HONORABLE JUDGE OF SAID COURT:
I. Herbert Isaac Soller ("Herbert"}, the alleged incapacitated person, with an
address of 7 Saratoga Place, Camp Hill, Cumberland County, Pennsylvania 1701 1
and is currently residing at the Bridges at Bent Creek, 21 UO Bent Creek
Boulevard, Mechanicsburg, Pennsylvania, 17050.
2. Herbert is 71 nears old and was born on March I4, l 937.
3. 1-lerbert is incapacitated as a result of extensive cardiac complications, renal
failure, and episodes of metabolic encephalopathy.
4. Herbert also suffers from frequent episodes of hallucinations as he has developed
into the early stages of Alzheimer's Disease.
~. Ierbert's primary care physician, namely Dr. Steven Prophet, MD, has advised
that as Herbert's kidney failure progresses and metabolic wastes build up in the
blood, }-lerbert may (or will) feel fatigued and generally weak and may become
less mentally alert. Dr. Prophet has also stated that these symptoms progress as
the blood becomes more acidic, a condition called acidosis.
6. Dr. Prophet also believes llerbert suffers from Encephalopathy resulting from the
kidney failure, a condition in which the brain malfunctions. ~.vhich may ensue
from the buildup of-metabolic waste products in the blood. Dr. Prophet will testifi~
that this condition may Lead to confusion. lethargy, and seizures.
7. }lerbert was again evaluated on November 4, 2008 at Holy Spirit Hospital, this
time by Dr. John M. Hume.
8. Dr. Hume submitted his medical opinion of Herbert's condition in a written report
on November 8, ?008 ("brume Report"). A tnre and correct copy of the }fume
Report wi11 be presented at the hearing.
9. Dr. Hume opines, with a reasonable degree of medical certainty, that Herbert "is
not able to receive and effectively evaluate inl~ormadon and communicate
decisions, rendering him unable to manage money or other property, or to make
necessary decisions about ~~~here he will live, what medical care he gets or how his
money will be spent."
10. Dr. Hume further states that "it would be undesirable for emotional. as well as
physical reasons, for [Herbert] to be present in the court for guardianship hearing
purposes."
11. Petitioner, Carol Rudnick So11er (the "Petitioner"), is an adult individual residing
at 7 Saratoga Place, Camp l-fill, Cumberland County, Pennsylvania 17011, and the
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wife of Ilerbert fin- 46 years.
l 2. Herbert no~v requires skilled transitional nursing care and a guardian.
1 ~. 'The names and addresses of the those persons other than the Petitioner herewith
who would be potential intestate heirs of }Ierbert are as follows:
I4.
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Jeffrey Alan Soller
3422 King Street
E3erkeley, GA 94703
Jonathan Mark Soller
23 Old Bristol Road
Ncw Hampton, NH 03256
Amy Lynne Soller
219 S. West Street
Alexandria, VA 22314
Petitioner has no interests which are adverse to Herbert's interests and as of the
date hereof, Jeffrey Alan Soller, Jonathan Mark Soller and Amy Lynne Soller
have not presented any desire to serve as guardian of Herbert.
Petitioner believes this matter is ripe for this Honorable Court to intervene as
Herbert is unable to make decisions for himself.
Petitioner avers that Herbert does not have a plenary guardian of his person and
estate.
Petitioner requests an emergency hearing be granted so that the Petitioner may be~
granted emergency plenary powers to act for Herbert in all matters of his person
and estate until a full hearing can be set.
Petitioner will comply with the service of notice of a hearing upon ~Ierbert
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pursuant to 20 T'a. Cons. Stat. 55513.
l9. Citations under ~~~ l l shall be provided to Herbert, and to such other persons as
the Court directs. to show cause why a hearing should not be held. ~~hy Herbert
should not be adjudged to be an incapacitated person and emergency plenary
guardian of his person and estate be appointed.
20. Petitioner will comply with filing for a plenary pen anent guardianship of the
person and estate within ten days of this filings and therefore reduests this
Honorable Court granted the emergency guardianship for such period until. a full
hearing for permanent guardianship can be heard.
Respectfully submitted,
JAI~'fES, SNI~ITH, DIETTERICK
Date: November ~~, 2008 Ry:
~~W. Yahn~Ijsquire
ttorney LD. ~ 82278
1;34 Sipe Avemi~
I-~un1m el st own ~! P fl 1703 6
(717) 533-3280
Attorneys for Petitioner, Carol Rudnick Soller
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COy~I~~10N~~~EAL"I'H O~ PENNS~~LVANIA
COLiti"1'Y OF DAUPHIN
SS.
On this, the ~~~ ~,'_, day of ;Y „~r"E'r ~~i ~;-' _. ?0~~, b~;fore me, the undersi~~3ed officer.
personally appeared CAROL RUDNICK SOLL.ER, Petitioner, who, being duly sworn according
to la~~~, does depose and say that the facts set forth in the foregoing Petition are tote and correct to
the best of her kno«~ledge, information and belief.
IN ~~'ITNESS WHEREOF, I hereunder set my hand and official seal.
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Carol Rudnick Soller
r~~ -';.
SWORN to and subscribed before me this I~~t's'day ot~„~=:~~~, ?008.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
MICHELLE ELLIOTT NOTARY PUBLIC
DERRY TOWNSHIP DAUPHIN COUNTY
MY COMMISSION EXPIRES JUNE 9, 2011
Neil warner Y'ahn. Esciuire
Attorney t.l). No. 822?8
James Smith Dietterick ~ Connelly, LLP
Y_O. Box 6S0
Hershey. PA I "03
Attorneys for Petitioner
[N RE: HERBERT ISAAC SOLI,ER, an
Incapacitated Person
ON THL- PE'I-ITiON OF CAROL
RL'DN1CK SOCCER
IN THE COURT OF COI~~1IvION PLEAS OF
CLiViF3ERLA?~"D COLTT~`TY, PENNS~'LVA\IA
ORPHANS' COliRT DIVISION
No. 83 OC ?008
VERIF1CATiON
I verify that the statements made in this Petition are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. Cons. Stat. X4904, relating to
unsworn falsification to authorities.
Dated:_~~~ , 2005
~~~~~~
Carol Rudm Soller
Neil Vv arner Y ~thn, 1/squire
Attorney I.D. Ao. &227b
1an~es Smith Dietterick & Coi2ncllp. LLP
P.O I3ox 650
Ilersi~ev. PA I?03_
Attorneys for Petitioner
Ill RE: HERBERT ISAAC SOCCER, an
lncapacitatcd Person
ON THE PETITION OF CAROI:
RCII~MCK SOLLE}:
IN THE COURT OF COMMON PLEAS OF
CLT~IBERLAIvTD COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
;~~o. s3 oC 2of18
CONSENT TO APPOINTMENT AS TEMPORARY GUARDIAN
1. The name of the proposed guardian is Cal-ol Rudnick Soller.
2. The proposed guardian resides at 7 Saratoga Place, Ca1np Hill, Cumberland
County, Pennsylvania 1701 1.
3. The proposed guardian is not employed.
4. The proposed guardian speaks, reads and ~~~rites the English language.
5. The proposed guardian does not have an interest adverse to the alleged
incapacitated person.
G. The proposed guardian is not a fiduciary, or an officer or employee of a corporate
'duciary, of an estate in ~~~hich the alleged incapacitated person has an interest; and is not the
surety, or an officer or employee of a corporate surety of such fiduciary.
7. The proposed guardian consents to act as guardian for Herbert Isaac Soller.
Dated: << ~~' > 2008
Carol Ru ~ k Soller
~leil \.'v~arner Yahn, Esquire
;1tun-ne•,~ ].ll. N~~ S227Q
James Sn~i!h L);etter;ck t~ Corncl',-~~, LL,N
P.O. I3ox 650
llershey, P_A t?03
Atto,~le}~5 for Petitioner
1N RE: HL-RBERT ISAAC SOl._LER, an ) IN TIIE COURT OF COh-1NlON PLEAS OF
Incapacitated Person } Ct~~1BERLAND COUi~'TY, PI/NNSYLVANLA
ORPHANS' COURT DI~~ISION
ON THE PETITION OF CAROL )
RL?DNICK SOCCER ) No. 83 OC 2008
CEI2TIFICA"TE OF SERVICE
1. ti~EIL WAItN`ER YARN, Esquire, do hereby certify that I served a true and correct copy of the
fore~oin~ Ei~~IERGENC'Y PETITION TO ADJUDICATE INCAPACITATF,D AND
:11'NOINT TE~'IPO ARZ' GLARDIEiN OF THE PERSON AND ESTATE upon the
following below-n,~ fed individuals by L'.S_ Mail, first class postage prepaid, at Hershe}',
Pennsylvania this day of November, 2008.
SERVED UPON:
Carol Rudnick Soller
? Saratoga Place
Ca-1rp Hill, PA 17011
(717 j 761-8 i 19
Emer,ency Guardian of
Herbert Isaac So}lcr
Jonathan Mark Soller
23 Old Bristol Road
Ne~v FIampton, l\TH 03256
(603) 918-194 r'
Potential Intestate Heir of
Herbert Isaac. Soller
Jeffrey Alan Soller
3022 King Street
Berkeley, CA 94703
(510) 84?-0474
Potential Intestate Heir of
Herbert Isaac Soller
Amy Lynne Soller
219 S. West Street
Alexandria, VA 22314
(571) 338-1588
Iro ntial Intestate Heir
oferTjert Isaac Soller
NEIL }r+-'AR~i ,R YAl-1N, E,~(~UllZ~;
Attorney I.D.' 82278
IN RE: IN THE COURT OF COMMOIJ PLEAS OF
HERBERT ISAAC SOCCER, CUMBERLAND COUNTY, PENNSYLVANIA
An Incapacitated Person, .
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ORPHANS ' COURT DI VI S I (~TC~ p
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ON THE PETITION OF ~-~ ~ o _~ ~ ~==
CAROL RUDNICIt SOCCER NO. 21-OS-0083 :__ -r
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ORDER OF COURT -n ;
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AND NOW, this 25th day of November, 2008,
after hearing, it is ordered and directed that Carol Rudnic)t
Soller is appointed temporary plenary guardian of the person
and estate of Herbert Isaac Soller.
The time and place of the hearing on the
petition for appointment of a permanent plenary guardian of
the person and estate of the alleged incapacitated person is
fixed for January 8, 2009, at 2:30 p.m., in Courtroom No. 3
of the Cumberland County Courthouse, 1 Courthouse Square,
Carlisle, Pennsylvania.
At least twenty (20} days written notice of
the hearing shall be given to Herbert Isaac Soller, the
alleged incapacitated person, for the purpose of the hearing
to establish permanent plenary guardianship of the person and
estate, by serving him personally with the Citation and this
Order of Court and a copy of the foregoing petition, together
with an explanation of the content and terms of the petition;
and at. least ten (10} days written notice of the permanent
petition and hearing shall also be given to the next of kin
and to the following parties in interest:
Carol Rudnick Soller
7 Saratoga Place
Camp Hill, PA 17011
Spouse of Herbert Isaac Soller
Jeffrey Alan Soller
3022 King Street
Ber}celey, CA 94703
Jonathan Mar1c Solle?~
23 Old Bristol Road
New Hampton, NH 03256
Son of Herbert Isaac Soller
Amy Lynne Soller
219 South West Street
Alexandria, VA 22314
Daughter of Herbert Isaac Soller
either personally or by registered or certified mail
E
Edward E. Guido, J.
Neil Warner Yahn, Esquire
J~{nes, Smith, Diettericl~ & Connelly, LLP
~( O. Box 650
Hershey, PA 17033
Attorney for the Petitioner
David Miller Watts, Esquire
McNees, Wallace & Nurick, LLC
100 Pine Street
P.O. Box 1166
Harrisbuz-g, PA 17:108-1166
srs
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IN RE: HERBERT ISAAC SOCCER,
2aaa ~~;ou 2~ ~~ ~~ ~ ~
An Alleged Incapacitated Person IN THE COURT OF COMMON PI~fiA~;~4
CUMBERLAND COUNTY, P~~ ~'~S~fii]~
ORPHANS' COURT DIVISIQ~Ijj~'~'r^~ .'!` {`t~ `;'J . °A
NO.2I-OS-0083
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been f led with the Court to have you declared an Incapacitated Person. If the
Court f nds you to be an Incapacitated Person, your rights will be affected, including your right to
manage money and property and to make decisions. A copy of the petition which has been f led by the
petitioner, Carol Rudnick Soller, tlu-ough her attomey. Neil Warner Yahn is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. I Cumberland
County Courthouse, Carlisle, Pennsylvania, on January 8 , 2009 at 2:30 P.M. to tell the
Cotu~t why it 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 comrnunieate 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 yotu
money and other property and will have either limited or 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 or other property. If
the co~ut 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.
Date:ll/26/08 B L~:Gf/fc~
Y
Clerk, Orphans' Court Division
Cumberland County, Carlisle, PA
My Commission Expires 151 Monday,
January, 2010
r
Family Development Services, P.C.
56 Erford Road, Camp Hill, Pennsylvania 1701 I-2395 • Telephone (717) 901-9280 • Fax (717) 909-1288
famdevserv@comcast.net
Psychological Evaluation
Name:
Dates of Evaluation
Date of Birth:
Age at evaluation:
Examiner(s):
Place of Evaluation
Referred by:
Herbert Soller
12/27/2008
01 /14/] 937
71 years
Thomas G. Bowers, Ph.D.
Family Development Services, P.C.
Neil Yahn, Esq.
Reason for referral: Assess for cognitive functioning, evaluating need for guardianship
-CONFIDENTIAL-
I. HISTORY AND BACKGROUND
Herbert Soller, a 7l -year-old male, was evaluated on his psychological functioning in order to
assist with evaluating his cognitive functioning, and help understand the possible need for
guardianship. Over the years, he had a significant history of medical problems, including an
artoric thoracic aneurysm and similar abdominal aneurysms as well. In addition, he's experienced
renal failure as well and is maintained on dialysis. He developed a fever secondary to some of
these difficulties, and while he recovered from this, there's also said to be a severe
encephalopathy that had resulted as well. He was able to indicate that this initially occurred
secondary to the dialysis, improved after dialysis. He does note that he receives dialysis on
Monday, Wednesday and Friday, and hence his last treatment was just a day before this
evaluation.
In terms of his social history, he was a physician in his career, and in particular, he was
knowledgeable about renal care. He does note a long marriage, his first and only marriage, of
what he stated was 43 years, but he does state he was married in 1962. There were three children
resulting from that union, including two boys and a daughter. The children are said to be doing
well, and the daughter had managed to complete her doctorate.
He does indicate this wife has a power of attorney for him, and there's a note of a temporary
guardianship already in effect. He initially complained that the power of attorney function was
not being used well, as the bank accounts had been frozen, but he also later was able to explain
that he feels his wife is doing well with finances. and that he is comfortable ~~-ith her decisions.
I-Its wife was able to provide details about his medical history. She also confirmed the history of
the severe sounding abdominal aneurysms, and also noted type II diabetes. There was a note that
there was a CT scan performed about one month ago by Ur. Hume_ which indicated some
atrophy of the brain. He was described as being confused at that time. he apparenth~ suffers t:om
fairly severe back pain_ and he complained about this as wetl to this examiner. He did complain
about back pain, and requested to recline from tithe to time. The examiner encouraged this. and
assisted him in raising his legs on another chair.. and later even assisted Dr. Soper in reclining on
the carpet, in order to be comfortable. This appeared to be helpful to him, and also appeared to
assist in his managing to give his best effort throughout the evaluation. Dr. Soller was in a
wheelchair. and needed assistance in rising, moving and so on. There ~~as a note of a fall in
.fanuarv ?007, and there's also been a note of a significant decline in functioning in the past fe~~°
months. He's described as suffering from a metabolic or toxic type of encephalopathy.
Some limited medical records were available at the time of this dictation. These records
included notes from the Bridges at Bent Creek_ and the notes include the following list of
nledleatt017S:
amlodipine_ 10 mg
carvelilol 6.25 m~
docusate sodium~100 m~
L-'xelon 4.6 mr~
finasteride 5 mg
levothvroximne 100 mc~~
lidoderm
novolog 100 u,'ml
polyethylene glycol
Renag.e 800 mg
Sensipar 90 mg
Simvastatin 20 m~
lI. TESTS AUMINISTEREll
Dementia Rating Scale - 2 (DMS - 2)
Wechsler Test of Adult Reading (WTAR)
I11. EVALUATION RESULTS:
Dr. Soper had difficulty with most aspects of the dementia rating scale. particularly in the area of
memory and conceptualization. and to a lesser extent in construction. and initiation and
perseveration. His overall score was only at the first percentile. of course well belo~~
expectations for an individual with premorbid level liinctioning was probably in the superior
range. Ile appeared to demonstrate his most striking difficulty on areas of orientation, where he
estimated the day the evaluation was the second of Januan-_ and that the year the evaluation was
in 2002. He did not know the name of the current or recently elected president, but he ~~~as able
to identify the place of the evaluation.
His overall pattern results along these lines were as follows:
Subtests Age Corrected Scaled Score Percentile
Attention l0 41 -- 49°/,
Initiation/Perseveratio n 7 I t - 18%
Construction 7 I 1 - 18°ro
Conceptualisation 6 6 --10%
Memory 2 Less than I % * *
"Cotal 3 1 % * *
Age and b:ducation
Corrected Scale Score U less than 1
At times, individuals with renal failure and undergoing dialysis can experience fluctuations in
cognitive abilities. secondary to the difficulties in managing homostatic balances associated with
this renal difficulty. However. these individuals usually improve substantially immediately after
dialysis, and their state of delirium markedly improves in a fluctuating manner. However, in Dr.
Sollers case. he recently had undergone dialysis. and there's also some notable persisting signs of
cognitive changes that appear to he secondary to the earlier encephalopathy. and likely reflective
of~some vascular difficulties for him as well.
Cognitive expectations for him, in terms of his premorbid abilities, are certainly in the high
average to superior range. as might be expected for a well educated and intelligent physician.
More formal estimates of his premorbid level of intellect by the WTAR indicated a
demographically predicted LQ score of l l 6. and a standard score estimated premorbid IQ of l l l .
[)emographically predicted scores can sometimes underestimate high levels of intellectual
functioning because of regression to the mean effects. and standard score estimates in Dr. Soller's
case may also underestimate his intellect because of some hints of some mild aphasic production
on his part. Thus, these estimates of its intellectual functioning are felt to be conservative in that
his premorbid level functioning is likely to he in the superior range. 7~hese results are well within
a reasonable confidence interval for him. His pattern of findings here were:
_>
VIQ PIQ FSI~)
Predicted WAIS-lI1 I l7 1 1 1 I l6
9~°% confidence interval 100-1 ~d 90-13? 98-1 ,4
IV. SUMMARY, DIAGNOSIS, RECOMMENDATIONS AND OUTLOOK
Dr. Soper, a 7l-year-old retired physician. was evaluated on his cognitive functioning in order to
assist in understanding his current functioning and help plan for possible guardianship for him.
He has experienced considerable health difficulties, including renal failure. being maintained on
dialysis, an earlier history of an aortic thoracic aneurysm, as well as type 2 diabetes. There also
appears to be some evidence of an occasional delirium, often seen secondary to dialysis, which is
superimposed upon a dementia process. ~~-hich appears to be secondary to metabolic and vascular
difficulties.
~Che results of this evaluation indicaicd dementia which appears to be likely to be secondary to
vascular and metabolic difficulties. as well as the earlier noted health difficu{ties. Dr. Soper has
considerable difficulty with mobility, and he demonstrates severe problems with memory and
conceptual processing skills. He has milder but still significant problems in construction apraxia.
as well as initiation and perseveration. This type of impairment greatly compromises his abilities
to demonstrate good planning. adequate memory and recall. abstract processing and decision-
making and similar high level skills. His premorbid levels of intellect are at least high average
and probably superior, but his cognitive abilities depending upon higher levels of cerebral
processing are only at the first percentile. As a result, Dr. Soller's abilities to assist with
management of everyday financial affairs, important decision-making about health care and
similar high levels of concerns are compromised. This examiner would recommend to Dr. Soper
be assisted with the guardianship by his wife, who has a long and trusted relationship with him
Axis I: Dementia (metabolic and vascular}
Axis Il: None
Axis III: Deferred to medical evaluation, end stage renal disease and diabetes by
history
Axis IV: multiple problems in living, difficulty with decision-making
AXIS V: GAI- ~ 36
In general, individuals with this type of difficulty experience a gradual and sometimes stepwise
pattern of deterioration. At times. his functioning may be complicated by a delirium, although
this appears to be superimposed upon an existing dementia process. His pattern of functioning is
likely to be permanent, and unlikely to improve substantially
4
~~
t{ ., e ~-~.r-
~Fhomas G. Bowers. Ph.D.
Clinical Psychologist
John M. Hume, M.D., J.D.
875 Valley Street
Marysville, PA 17053-9792
717-957-2401
November 8, 2008
Neil Yahn, Esq.
P.O. BOX 650
Hershey, PA 17033
RE: Herbert I. Soper, M.D.
Dear Mr. Yahn:
At the request of Robin Miller, M.D., a consulting psychiatrist at Holy Spirit Hospital, and Carol
Soller, Dr. Soller's wife, I saw Dr. Soller for psychiatric evaluation of his competency to manage
his affairs, both financial and health-related. On 11/04/08, in Room 727 at Holy Spirit Hospital I
introduced myself and indicated the evaluation was not in the nature of the usual doctor-patient
relationship in that confidentiality ordinarily present in such a relationship was not present in this
relationship. Dr. Soller was willing to proceed with the evaluation under those conditions. When
asked how long he had been in the hospital, he said, "about one year". Actually, he had been
transferred from a nursing home after a disturbance in his mental status on 10/31 /08. He was
aware from having watched television that it was election day and when asked who he wished to
be the winner, he stated that he really didn't care and that this was the first year he had not voted.
When asked what was going on in the country, he described it as a terrible depression with
companies going bankrupt. When asked what he considered to be a depression, he stated this as a
decline of more than 40% for depression. "The problem with this whole thing is that the
President is cheap." When asked if he had suffered any adverse consequences of the current
financial situation, he stated, "I put a lot over to mutual funds. I'm in good shape. When the
market goes down I'm 98% in money market funds." His wife, who was present during the
interview, stated subsequently that she was unaware that any such changes had taken place and
indicates that at one brokerage company, in spite of the fact they know she has power of
attorney, they do not consult her if her husband calls with instructions for changes in his
portfolio. She has not received notices of any changes any time recently. Dr. Soper was aware
that one money market fund had fallen below a core value of one dollar. "It's scary. The
problem is, what do you do about it?" When asked what had led to his coming to the hospital, he
stated, "medical encephalopathy. I have stenosis of the, oh, I just lost it, of the cord and the
radicals through which the nerves come out (this would not be the type of description ordinarily
given by a trained medical professional)." He went on to indicate that he had been treated with
steroids and that he was better able to walk and stand better (his wife indicates that he is not
capable of unassisted ambulation).
Page Two
RE: Herbert I. Soller, M.D.
When asked further about his medical condition, he states that he is taking Norvasc, Coreg,
Proscar, and gets dialysis. He also needs Nitrophos. "I have a pacer for my heart, but I don't
take liver medications. I don't take any medication for my blood sugar. I have neuropathy in my
leg. I have a little slurring problem." When asked how long he had had difficulty with his
speech, he continued, "It's been off and on for six months. It lasts a couple of days or weeks and
then it clears out. In December and January it lasted a couple of weeks (from December or
January to November is substantially longer than the six months he stated above). Now I'm
starting to feel better after this episode of a few days." When asked what he thought his memory
was like, he said, "Not too bad, though it is slightly impaired. Sometimes I can't remember the
names of things." When asked how long he had been married, he stated 44 years (the correct
answer is 46 years), and he could not give the date other than 6/17, but without the year. He
laughed at this to his wife's chagrin. He correctly listed his date of birth as 1/14/37 and was born
in Hazleton, PA, the only child of parents who aze deceased. At that point I had him do three
item recall and he could get 1 '/z of the 3 items, substituting Los Angeles for San Diego, CA and
forgetting a street address completely. When asked what the three items had been after a period
of 10 minutes, he could still only remember 1 %Z of them. When asked what his three wishes
might be, he listed them as (1) good health, (2) no chronic disease, and (3) that his family love
and respect him. At this point he was close to tears. He states that he is currently living at 7
Saratoga Place in Camp Hill, but has, in fact, been in at least two different nursing homes over
the past 8 to 10 months. He went on to indicate that he has been retired for 5 yeazs and used to
practice in the Medical Arts Building for I2 years in a solo practice of urology. He was able to
indicate that he had gone to Hahnemann Medical School and had been in the Air Force for two
years, but had considerable difficulty initially remembering what years he had served there. He
stated he had been stationed at Bunker Hill Air Force Base and achieved the rank of captain. "I
could have been a lieutenant colonel, but I chose to get out of the military."
When asked what his major concerns were, he stated, "I worry about my life and health and my
children and my wife. I'm faced with irreversible coronary heart disease. I have three aortic
aneurysms and I have chronic renal failure and I'm on dialysis." He was able to indicate that he
has three children and two grandchildren; two sons and a daughter who are all on their own. He
worries because they are all living at a distance; California, New Hampshire, and Virginia,
though he names the wrong location in Virginia_ "I Worry if my wife can take care of everything
after I'm gone. (She has taken care of everything pretty much for the past year). I let her handle
the books, but I help out. She works closely with my CPA that I've had for 30 years. I also had a
lawyer for 20 years, and she'll do ali right. How can I not worry about my kids?" When asked
when his last contact was with his accountant, he stated, "Last week. There were some funds I
sold to get them registered without too much taxes. (His wife has not received any notification of
any such sales.). These were funds I bought years ago. They split and then joined up. It was a
very mixed up mess and I told the accountant to do the best he could." When asked again where
he was living, he stated "Camp Hill, right around the corner from my wife's parents' house."
(Her parents live in Pottsville, PA.) I had Dr. Soller do a Bender Motor Gestalt test, which is a
means of assessing organic brain impairment. He got the first of 9 figures correct, but thereafter
Page Three
RE: Herbert I. Soper, M.D.
demonstrated markedly impaired mental capacity and function. ACT scan of the brain done
during this hospitalization did not show any localized focal abnormality, but did show mild to
moderate cortical cerebral atrophy.
His wife indicated that he has, in addition to his other issues, had problems with his left eye,
wherein he has lost the blood supply there. She indicated that a number of answers he provided
were incorrect. She was not aware that he had called his accountant. She is very concerned if he
starts moving funds around and she doesn't know about it there could be problems with having
money to provide care for him. She has had experience caring for her mother, who is elderly,
and has required assistance for a number of years. She also indicates that Dr. Soper was
hallucinating earlier in the day. He thought that he had two patients at Harrisburg Hospital and
that she should take them there because he was afraid he would be sued. She went on to indicate
that his slurred speech had occurred in January when he fell. She tried to help him get up, but
was not able to do that. When he was admitted on this occasion to Holy Spirit Hospital on
10/31/08, he was unresponsive. It was described as metabolic encephalopathy. After his first
hospitalization in January it took a long time to get out of the hospital and he then went to
Golden Ages Nursing Home. She was most displeased with the care he was receiving there and
he then moved to The Bridges at Bent Creek. She has been told that his condition is likely to
recur and at this point in time she was waiting for the attending physician to give her better
advice about the current situation. "I've cared for his affairs for the past year. I pay all the bills,
the insurance, and keep copies of the hospital bills. I send for his medicine and do all the
laundry. I visit five or six times a week and I take him or meet with him at his doctors' visits."
On mental status exam, Dr. Soper was oriented for place and person, but not for time. His mood
and affect were quite labile, varying from laughing about not being able to remember his
wedding anniversary date to being in tears on other occasions. He obviously is distressed by his
current medical condition. Hallucinations were described in the course of his hospital stay,
which was the reason for the consultation with Dr. Miller. His wife reports he was hallucinating
on 11/04/08 in the afternoon on the day on which I saw him. Fund of information has some gaps
in it. He acknowledges he is having difficulty with his memory, which was also proven by
exam. Recent memory, especially, is impaired. Speech is slurred and sometimes information
has to be repeated in order to understand what he has said. Suicidal or homicidal ideation is
denied. Judgment is impaired. Insight is partial.
DIAGNOSTIC IMPRESSION:
Axis I Metabolic encephalopathy secondary to end stage renal failure. Early Alzheimer's
with hallucinations.
Axis II No diagnosis.
Page Four
RE: Herbert I. Soller, M.D.
Axis III Benign prostatic hypertrophy, hypothyroidism, gastroesophageal reflux disease,
non-insulin dependent diabetes mellitus.
Axis IV Degree of stress moderately severe. Failing health with recurrent acute issues.
Current GAF = 40.
COMMENTS:
It is my opinion, with a reasonable degree of medical certainty, that Dr. Soller is not able to
receive and effectively evaluate information and communicate decisions, rendering him unable
to manage money or other property, or to make necessary decisions about where he will live,
what medical care he gets or how his money will be spent. Further, it is the undersigned's
opinion, with reasonable medical certainty, that it would be undesirable for emotional, as well as
physical reasons, for Dr. Soller to be present in the court for guardianship hearing purposes.
If you have any questions, please do not hesitate to be in touch with me.
Very Truly Yours,
~~~,~'
John M. Hume, M.D., J.D.
JMH/DS-kts
Neil Warner Yahn, Esquire
Attorney I.D. No. 82278
James Smith Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA ] 7033
Attorneys for Petitioner
IN RE: HERBERT ISAAC SOCCER, an
Incapacitated Person
ON THE PETITION OF CAROL
RUDNICK SOCCER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 83 OC 2008
FINAL ORDER OF COURT APPOINTING PLENARY GUARDIAN
AND NOW, this day of
been filed with the Court on
2009, a Joint Stipulation having
2009, and it appearing to the Court that
Herbert Isaac Soller was served with a copy of the Joint Stipulation to obviate the need for a
hearing scheduled for January 8, 2009, and further finds:
1. That Herbert Isaac Soller suffers from extensive cardiac complications, renal
failure, and episodes of metabolic encephalopathy, acondition or disability which totally impairs
his capacity to receive and evaluate information effectively and to make and communicate
decisions concerning his management of financial affairs or to meet essential requirements for
his physical health and safety.
2. That there are insufficient supports available to assist Herbert Isaac Soller in such
decisions and that there exists no other less restrictive alternative mechanism for decision
making.
3. That based on the total incapacity of Herbert Isaac Soller to receive and evaluate
information and to make or communicate decisions, a plenary Guardian of the Person and a
plenary Guardian of the Estate are required on a permanent basis.
NOW, THEREFORE, based on the clear and convincing evidence supporting the
foregoing findings it is ORDERED, ADJUDGED and DECREED that HERBERT ISAAC
SOCCER be and is hereby adjudged a totally incapacitated person and CAROL RUDNICK
SOCCER is appointed Plenary Permanent Guardian of the Person and CAROL RUDNICK
SOCCER is appointed Plenary Permanent Guardian of the Estate.
If there is a safe deposit box in the name of the incapacitated person alone or in the names
of the incapacitated person and another or others, said safe deposit box shall not be entered by
the guardian except in the presence of a representative of the financial institution where the box
is located or in the presence of a representative of the Orphans' Court Division. The
representative present at the time of entry shall make or cause to be made a record of the
incapacitated person's property, and said record shall be filed with the Clerk of the Orphans'
Court Division. None of the incapacitated person's property may be removed until after the
aforesaid inventory is completed.
A reasonable fee for the services of the representative may be made and shall be payable
from the estate of the incapacitated person. If the safe deposit box is jointly owned, five (5) days
notice of the proposed entry shall be given to the other owners by the guardian.
An Inventory must be filed within ninety (90) days. A report by each Guardian shall be filed
annually thereafter.
A Surety Bond is not required.
Herbert Isaac Soller, an incapacitated person, has the right to appeal this Order of Court
by filing exceptions within ten (10) days of this date or to petition this Court for a review hearing
to modify or terminate the guardianship herein established. Because Herbert Isaac Soller was
not present at this hearing on appointment of a guardian then petitioner shall serve upon and read
to Herbert Isaac Soller the Statement of Rights, a copy of which is attached to this Order as
Exhibit "A", and file proof of such service with this Court within ten (l 0) days.
BY THE COURT:
J.
Neil Warner Yahn, Esquire
Attorney l.D. No. 82278
James Smith Dietterick & Connelly, LLP
P.O. Box 650
Hershey, PA 17033
Attorneys for Petirioner
IN RE: HERBERT ISAAC SOCCER, an
Incapacitated Person
ON THE PETITION OF CAROL
RUDNICK SOCCER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 83 OC 2008
CERTIFICATE OF SERVICE
1, NEIL WARNER YAHN, Esquire, do hereby certify that I served a true and correct copy of the
foregoing JOINT STIPULATION upon the following below-named individuals in the manner
indicated below from Hershey, Pennsylvania this 5th day of January, 2009.
SERVED UPON:
U.S. Mail, first class uosta~e prepaid:
Overnight Courier:
Elizabeth P. Mullaugh, Esquire
McNees Wallace & Nurick LLC
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5243
Attorney for Respondent
Carol Rudnick Soller
7 Saratoga Place
Camp Hill, PA 17011
Emergency Guardian of
Herbert Isaac Soller
Jeffrey Alan Soller
3022 King Street
Berkeley, CA 94703
Potential Intestate Heir of
Herbert Isaac Soller
Jonathan Mark Soller
23 Old Bristol Road
New Hampton, NH 03256
Potential Intestate Heir of
Herbert Isaac Soller
Amy Lynne Soller
219 S. West Street
Alexandria, VA 22314
Potential Intestate Heir
ofjI~erbert Isaac Soller
NEILf WARN~R YARN, ESQUIRE
Attorney I.D. 82278