HomeMy WebLinkAbout08-07-09IN RE: DORIS G. BARRON
an incapacitated person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
NO . G ~ ' C.~~- ~ ~ 30
On the Petition of Franklin J. Barron and Cynthia L. Baum
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TO THE HONORABLE PRESIDENT JUDGE OF SAID COURT: r,_~~ ~
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NOW COME, Petitioners, Franklin J. Barron and Cynthia L.t'"~
Baum, by and through their attorney, Jennifer B. Hipp, Esquire,
and file the within Petition for Appointment of Co-Guardians of
the Person and Estate of an Alleged Incapacitated Person, and in
support thereof, avers as follows:
1. Doris G. Barron, the alleged incapacitated person,
currently resides at the 416 E. Green Street, Shiremanstown,
Cumberland County, Pennsylvania 17011. She is eighty (80) years
old, her date of birth being May 9, 1929.
2. Doris G. Barron is a married individual.
3. Doris G. Barron is not a patient in a mental hospital.
4. The Petitioners are Franklin G. Barron, husband of Doris
G. Barron, of 416 E. Green Street, Shiremanstown, Pennsylvania
17011, and Cynthia L. Baum, daughter of Doris G. Barron, of 1127
Atland Drive, Mechanicsburg, Pennsylvania 17055.
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5. Doris G. Barron has three (3) children: Gary J. Barron;
Cynthia L. Baum; and, Bruce A. Barron.
6. On June 22, 1976, Doris G. Barron executed a Last Will
and Testament whereby she designated her husband, Franklin J.
Barron, as the sole beneficiary of her estate. In the event that
Franklin J. Barron predeceased her, Doris G. Barron designated
her three children, in equal shares, as the beneficiaries of her
estate. The children are Gary J. Barron, Cynthia L. Baum and
Bruce A. Barron.
7. Doris G. Barron resides at her home with her husband,
Petitioner Franklin J. Barron.
8. The names and addresses of other service providers are
as follows: None.
9. Her primary physician is:
Julienne R. Fahnestock, M.D.
910 Century Drive
Mechanicsburg, PA 17055
(717) 795-6900
9. Doris G. Barron is not, nor has she ever been, a member
of the Armed Services of the United States and is not receiving
benefits from the United States Veterans Administration.
10. The Petitioners ask that they, Franklin J. Barron and
Cynthia L. Baum, be appointed as Co-Guardians of the person and
estate of Doris G. Barron. The proposed co-guardians are the
husband and daughter of Doris G. Barron.
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11. The proposed co-guardians have no interests which are
adverse to the interests of Doris G. Barron.
12. Petitioners believe, and therefore aver, that no Court
has ever assumed jurisdiction in a proceeding to determine
whether Doris G. Barron is incapacitated.
13. Petitioners believe, and therefore aver, that Doris G.
Barron has not previously had a guardian appointed, nor is a
guardianship hearing pending in any other jurisdiction.
14. The reasons why this guardianship is being sought are
as follows: Doris G. Barron is not able to manage her financial
affairs or to make decisions regarding her health care/medical
decisions, due to psychosis and dementia. Doris G. Barron also
suffers from hypertension,. thyroid and cholesterol problems.
15. The functional limitations and physical mental
condition of Doris G. Barron are: Doris G. Barron is not able to
communicate in a rational manner, nor is she able to perform any
of her activities of daily living without total assistance and
supervision.
16. The following steps have been taken, in order to find a
less restrictive alternative to the appointment of a guardian:
Doris G. Barron is not competent to execute a Power of Attorney.
Franklin J. Barron, her husband, has been assuming care for her,
but given that Doris G. Barron is often argumentative, she
refuses medical treatment and Mr. Barron is unable, without being
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appointed as a Co-Guardian, to require that she receive
treatment. No less restrictive alternatives are available to
adequately provide for the physical and financial care of Doris
G. Barron.
17. The Petitioners request that, as co-guardians, they be
granted powers to act for Doris G. Barron in the following
specific areas: financial management and medical and health care
affairs including care and placement decisions, access to all
medical records and power to make all decisions regarding medical
treatment and life support.
18. The proposed co-guardians have the following
qualifications: Franklin J. Barron is the husband of Doris G.
Barron. Cynthia L. Baum is the daughter of Doris G. Barron.
Petitioners Barron and Baum love and care for their wife and
mother. The Petitioners are requesting that they be appointed as
co-guardians to plan for the event that Franklin J. Barron is
unable to serve as guardian due to disability or death.
19. The gross value of the Estate of Doris G. Barron is
approximately One Hundred Eighty-Five Thousand and 00/100 Dollars
($185,000.00). Doris G. Barron's net income from all sources
totals approximately Nine Hundred Forty-One and 00/100 Dollars
($941.00) per month.
20. The Consent to Appointment as Co-Guardians of Franklin
J. Barron and Cynthia L. Baum is attached hereto and incorporated
herein as Exhibit "A."
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21. Petitioners respectfully request that this Honorable
Court excuse Doris G. Barron from attending the hearing regarding
this Petition for Co-Guardianship given that attendance would be
detrimental to the health and well-being of Mrs. Barron.
Julienne R. Fahnestock testified in a deposition on July 28, 2009
that requiring Mrs. Barron's attendance in Court could result in
Mrs. Barron becoming "emotionally distraught" and "violent." The
original transcript of the deposition of Julienne R. Fahnestock,
M.D. is attached hereto and incorporated herein as Exhibit "B."
See Exhibit B, Page 7, Lines 17 - 25.
22. Petitioners respectfully request that this Honorable
Court not schedule a hearing regarding this Petition for Co-
Guardianship to be held at the residence of Mrs. Barron. Dr.
Fahnestock testified that it would be best for Mrs. Barron to be
excused from attending any judicial procedure regarding this
Petition for Co-Guardianship. See Exhibit B, Page 8, Lines 1 -
18.
Petitioners respectfully request that the Court, under
Section 5511 of the Probate, Estates and Fiduciaries Code, issue
a Citation to Doris G. Barron, Doris G. Barron's next of kin, and
to such other persons as the Court directs, to show cause why
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Doris G. Barron should not be adjudged to be an incapacitated
person and plenary guardians of her person and estate be
appointed.
Date : ~: `. ~O ~ ? vU~
Respectfully submitted,
LAW OFFICES OF JAMES D. BOGAR
JEId'1C1I~' RJB. HI/P~, Esquire
Pa. I. No. 86556
One We t Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorneys for Petitioners
Franklin J. Barron and Cynthia L. Baum
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VERIFICATION
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.C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: July,~~-, 2009 ~ ,
FRANKLIN J. M
VERIFICATION
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.C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: Julyo2~, 2009
CYN IA L. BAUM
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COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND
On this, the ~a~~-- day of 2009, before
me, a Notary Public, personally appeared FRANKLIN J. BARRON,
known to me or satisfactorily proven to be the person whose name
is subscribed to the within instrument, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
NOTARIAL SEAL O
CAROL A. BOGAR, NOTARY PUBLIC Notary ub 1 i
SHIREMANSTOWN BORO, CUMBERLAND COUNTY M Commission Ex i re s -
MY COMMISSION EXPIRES NOVEMBER 13, 2011 Y P -
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND .
On this, the o~o?n~.., day of 2009, before
me, a Notary Public, personally appea ed CYNTHIA L. BAUM, known
to me or satisfactorily proven to be the person whose name is
subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
`f a
Notary Public
NOTARIAL SEAL My Commission Expires
CAROL A. BOGAR, NOTARY PUBLIC
SNIREMANSTOWN BORO, CUMBERLAND COUNTY
MY COMMISSION EXPIRES NOVEMBER 13, 2011 '
IN RE: DORIS G. BARRON : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
an incapacitated person N0.
CONSENT TO APPOINTMENT AS CO-GUARDIAN
1. The name of the proposed co-guardians of the person of
Doris G. Barron are Franklin J. Barron and Cynthia L.
Baum.
2. The names of the proposed co-guardians of the estate of
Doris G. Barron are Franklin J. Barron and Cynthia L.
Baum.
3. The proposed co-guardians speak, read and write the
English language.
4. Proposed guardian, Franklin J. Barron, is retired.
Proposed guardian, Cynthia L. Baum, is employed at
Heritage Cardiology Associates in the capacity as
Accounts Receivables Specialist. Heritage Cardiology
Associates is located at 425 North 21st Street, Camp
Hill, Pennsylvania 17011.
5. The proposed co-guardians do not have an interest
adverse to the alleged incapacitated person.
6. The proposed co-guardians are not a fiduciary, or
officer or employee of a corporate fiduciary of an
estate in which the alleged incapacitated person has an
interest; and are not the surety, or officer or
employee of a corporate surety of such fiduciary.
Dated: July Via., 2009
Dated: July,? 2009
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Franklin J. Ba ron
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Cyn is L. Baum
~1VO3131V1S-llV
IN RE: Doris G. Barron,
An Alleged Incapacitated
Person
In the Court of Common
Pleas of Cumberland
County, Pennsylvania
Orphans' Court Divisio
ORIGINAL
DEPOSITION OF: Julienne Fahnestock, MD
TAKEN BY: Petitioner
BEFORE: Ramona Devlin, Reporter
Notary Public
DATE: July 28, 2009, 1:20 p.m.
PLACE: 910 Century Drive
Mechanicsburg, Pennsylvania
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APPEARANCES:
Law Office of James D. Bogar
By: Jennifer B. Hipp, Esquire
For - Petitioner
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Court Re ortin Services ~ EXHIBIT
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JULIENNE FAHNESTOCK, MD, called as a
witness, being duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. HIPP:
Q. For the record, Dr. Fahnestock, if I'm
unclear in any of my questions or if I do not ask a
question in a way in which you know how to answer,
please ask me to repeat and clarify the question.
Certainly use any documents, notes or
records you have that you feel might be helpful in
responding to my questions. Can you please state your
name and business address?
A. Julienne R. Fahnestock, MD, 910 Century
Drive, Mechanicsburg, Pennsylvania, 17055.
Q. Can you please describe your practice and
specialties?
A. Family practice.
Q. Are you licensed to practice in the
Commonwealth of Pennsylvania?
A. Yes.
Q. How long have you been practicing?
A. Fifteen years.
Q. Have you treated or examined Doris G.
Barron in the past?
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A. Yes.
Q. How long has Doris been a patient of
yours?
A. Since August 4, '99.
Q. Do you recall when was your most recent
visit with Doris?
A. May 5, 2009.
Q. And where was the location of the visit?
A. At her home.
Q. And why did you have the visit at her
home?
A. Because she would not come into the
office.
Q. Do you have any experience with Doris
refusing medical treatment?
A. Yes.
Q. Can you describe the experience, please?
A. She refused to take medications, refused
to follow up on her healthcare.
Q. What have you observed regarding Doris'
mental and physical condition?
A. Mentally, she has been having more
trouble with anxiety and depression over the last
several years. And then in June of last year, she
became much more depressed and psychotic, had
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hallucinations, paranoia and some violent behaviors.
Q. Can you describe the hallucinations and
', violent behaviors, please?
A. She sees eo le that aren't there. She
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talks and has conversations with people who aren't
there. She has paranoid ideas and thinks family
members are stealing from her, strangers are coming
into her house and stealing from her.
Q. What is your diagnosis of Doris?
A. Initially, I thought she had depression
with psychotic features, but now I think she probably
has an underlying dementia with paranoia and psychosis.
Q. Does she have any other health problems
that you diagnosed?
A. Yes.
Q. What are they?
A. Hypertension, hypothyroidism, anxiety
disorder, hyperlipidemia and hearing loss.
Q. Is the diagnosis of psychosis and
dementia, is that irreversible?
A. It is treatable. Her symptoms could be
I! better if we could get her adequate treatment and
evaluation, but it is irreversible. It is progressive.
Q. And is she taking any medications for the
psychosis and dementia?
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A. She is taking Risperdal.
Q. And is there any other treatments that
you would recommend for her but that she refuses to
take?
A. Yes. I would recommend that she take an
antidepressant and that she take a stronger dose of
Risperdal or an anti-psychotic. I would also
recommended that she be evaluated by a geriatric
psychiatrist, which she refused.
Q. You anticipate that her condition will
si nificantl chan e over time, in terms of lessening
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or worsening?
~,'I A. I think it will get worse over time.
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Q. And can you describe her mental
limitations and impairments in terms of being able to
balance a checkbook or to feed herself or take care of
her home?
A. I don't have day-to-day contact with her,
so her daughter and her husband would be better able to
answer that, but I have seen that she does not have the
ability to make rational decisions or recognize what i~
appropriate treatment for herself.
Q. What effect do her physical and mental
~I impairments have on her ability to meet the essential
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A. Well, she refuses to take her medications
intermittently, so her blood pressure has been poorly
controlled and her depression has been much worse.
Q. And with regard to Doris' finances, are
you able to comment on what effect her physical or
mental impairments would have on her ability to manage
her daily finances or make decisions concerning her
expenses?
A. She would be completely unable to manacre
her finances.
Q. In your opinion, Dr. Fahnestock, can
Doris receive and evaluate information effectively?
A. No.
Q. In your opinion, can she make and
communicate decisions clearly?
A. No.
Q. A hearing will be scheduled before the
Court of Common Pleas of Cumberland County concerning
Doris' capacity. Is it your recommendation that Doris
attend or be excused from attending that hearing?
A. She should be excused from attending.
Q. Why do you believe she should be excused?
A. I think she will be emotionally
~ distraught if she has to go to the hearing and may
become violent if she is forced.
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Q. In terms of becoming violent, do you have
any examples of how she has become violent in the past?
A. She has pushed her husband. That is the
only one I'm aware of.
Q. And it is possible that a hearing could
be scheduled to occur at Doris' home. Would you
recommend that she attend a hearing, even if it would
be held at her home?
A. I'd recommend she attend it, but that she
not be given warning of it in advance.
Q. In your opinion, would it be best if she
were permitted not to be at a hearing at all,
regardless of its location, be it the courthouse or in
her home?
A. I think it would be best for her if she
did not have to attend a hearing. I think it would be
emotionally difficult for her, but if you have no
choice, then she will have to have it in her home.
Q. Is it your recommendation or your opinion
that another person, such as Doris' husband or
daughter, be responsible for caring for Doris' finances
and other issues regarding her physical well being?
A. Yes.
MS. HIPP: I have no further questions,
unless you have anything else you would like to add or
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comments to make?
THE WITNESS: No.
MS. HIPP: Doctor, thank you very much
for your time.
(Deposition concluded at 1:30 p.m.)
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COMMONWEALTH OF PENNSYLVANIA )
SS.
', BOROUGH OF SHIREMANSTOWN )
I, Ramona Devlin, a court
Reporter-Notary Public authorized to administer oaths
and take depositions in the trial of causes, and having
an office in Carlisle, Pennsylvania, do hereby certify
that the foregoing is the testimony of Julienne
Fahnestock, MD.
I further certify that before the
'~, taking of said deposition the witness was duly sworn;
that the questions and answers were taken down
stenotype by the said Reporter-Notary, approved and
agreed to, and afterwards reduced to computer printout
under the direction of said Reporter.
I further certify that the proceedings
and evidence are contained fully and accurately 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
inscribed my hand this 26th day of July 2009.
------- - ------------
Notary ublic
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