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Home My WebLink About04-06-10KEEPER WOOD ALLEN &RAHAL, LLP ROBERT L. WELDON ATTORNEYS AT LAW EUGENE E. PEPINSKY JR. ESTABLISHED IN 1878 , JOHN H. ENOS nI 635 NORTH 12T" STREET, SUITE 400 GARY E. FRENCH LEMOYNE, PA 17043 OF COUNSEL: BRADFORD DORRANCE N. DAVID RAHAL JEFFREY S. STOKES PHONE 717-612-5800 SAMUEL C. HARRY CHARLES W. RUBENDALL a ROBERT R. CHURCH FAX 717-612-5805 STEPHEN L. GROSE R. SCOTT SHEARER EIN No. 23-0716135 HARRISBURG OFFICE: ELYSE E. ROGERS www.keeferwood com 210 WALNUT STREET . HARRISBURG, PA 17101 CRAIG A. LONGYEAR JOHN A. FEICHTEL STEPHANIE KLEINFELTER PHONE 717-255-8000 DONALD M. LEWIS ~ Aril 5 2010 p TODD F. TRUNTZ , LAUREN S. WELDON 717-612-5807 ttruntz @keeferwood.com VIA FEDEX OVERNIGHT DELIVERY Clerk of Orphans' Court Cumberland County c~ ~ One Courthouse Square ~~ _ ° ' ; Carlisle, PA 17013 ~~ ~~ 4. s~. ~ ~:~~` ~:;~ cn ~ cr, ~ ' ' RE: In Re: Harry W. Preis ~~c~,-, C : ; ..~ No. 12-10-0170 f.:.,; ~ ~:: -- ' Dear Clerk of Orphans' Court: S.a. ~ -- ~~ ~ {1..,... ~~~T~ j ~ ~ ~~} ~=~= .,,, , Enclosed for filing please find an original and two (2) c opies of a Praecipe with attached Deposition for filing in the matter above. Kindly time-stamp the two (2) additional copies of the Praecipe and return them in the enclosed self-addressed stamped envelope. Please feel free to contact me if you have any questions or concerns. Thank you very much for your assistance. Sincerely, KEEPER WOOD ALLEN &RAHAL, LLP By ..... Todd F. Truntz waw Enclosures cc: Grace D'Alo, Esquire (w/ enclosure) Elyse E. Rogers, Esquire (w/o enclosure) KEEFER WOOD ALLEN & RAHAL, LLP Elyse E. Rogers, Esquire Identification No. 41274 Todd F. Truntz, Esquire Identification No. 83302 635 N. 12"' Street, Suite 400 Lemoyne, Pa 17043 (717)-612-5807 IN RE: HARRY W. PREIS, IN THE COURT OF COMMON PLEAS an Alleged Incapacitated Person OF CUMBERLAND COUNTY, :PENNSYLVANIA ORPHANS' COURT DIVISION No. 12-10-0170 PRAECIPE TO THE CLERK OF THE ORPHANS' COURT OF CUMBERLAND COUNTY: Kindly file the attached Deposition of Individual Qualified to Render Opinion as to Incapacitation of record in the matter above. Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP DATE: April 5, 2010 BY: Elyse E. Rogers, Esquire Identification No. 41274 ~ ~ ` Todd F. Truntz, Esquire ~ ~ ~- ~' '-' Identification No. 83302 ~ ~ ~ ~ <. -, 635 N. 12th Street, Suite 400 =~ ~ _ c~ ~ ~' Lemo ne PA 17043 ` ~~~ ~ - (717)-612-5800 _~ c~-~ , , DEPOSITION OF INDIVIDUAL QUALIFIED TO RENDER OPINION AS TO INCAPACITATION This written deposition of Kenneth B. Conner, MD, a witness in this matter, is taken on the 19th day of March, 2010 , at Camp Hill ,Pennsylvania. 1. Please state your name and your professional address. Kenneth B. Conner, MD 207 House Avenue, Suite 101 Camp Hill, PA 17011 (717) 761-8331 2. Please describe your education, training and background with particular emphasis on your expertise in evaluation of individuals with incapacities OR attach to this written deposition your curriculum vitae. Board certified internal medicine- 36 years experience caring for elderly geriatric patients. 3. In your professional capacity, have you had the opportunity to meet with, examine, speak with or otherwise become acquainted with Harry W. Preis? Answer: YES If yes, please state the following: I first became acquainted with Harry W. Preis on have treated patient since 1973 ,when he was brought to my attention by I have since (visited, spoken with, examined or treated) him on other occasions with an average frequency of 3-4 times per _ year (day/week/month/year) . Page 1 o f 8 4. Please evaluate the present condition of this patient with respect to incapacities of the type alleged in the Petition for Adjudication of Incapacity. In particular, please comment on the nature and extent of the alleged incapacities and disabilities and also, insofar as you are able, his/her mental, emotional and physical condition, adaptive behavior, and social skills. Based upon my education, training and experience, as well as my acquaintance with this patient, it is my opinion, to a reasonable degree of medical certainty, that his incapacities are as follows: Mental condition: Patient suffers from severe progressive dementia with significant cognitive impairment. Emotional condition: Dementia flat affect limited verbal interaction. Physical condition: Ambulatory dysfunction; severe spinal stenosis; chronic venous insufficiency; 2~ pre sacral sympathectomy for frost bite in armed services Page 2 o f 8 Adaptive behavior: Severely limited Social skills: Severely limited 5. Based upon your education, training and experience, and your contacts with this patient, do you have an opinion, to a reasonable degree of medical certainty, whether he is impaired in his ability to effectively receive and evaluate information and to make and communicate decisions in any way? Answer: YES If yes, please explain your opinion. Patient with severe cognitive impairment• no ability to process or evaluate information Page 3 o f 8 6. If you are of the opinion that he is impaired in his ability to effectively receive and evaluate information and to make and communicate decisions in any way, does such impairment render him either partially or totally unable to manage his/her financial resources? Answer: YES If yes, check whether such impairment renders him: Partially unable to manage his own finances. X Totally unable to manage his own finances. Please explain your opinion: Severe dementia 7. If you are of the opinion that he is impaired in his ability to effectively receive and evaluate information and make and communicate decisions in any way, does such impairment render him either partially or totally unable to meet the essential requirements for his physical health and safety? Answer: YES If yes, check whether such impairment renders him: Partially unable to meet essential requirements for his physical health and safety. X Totally unable to meet essential requirements for his physical health and safety. (Continued.) Page 4 o f 8 Please explain your opinion. Dementia; severe physical incapacitation; secondary severe spinal stenosis; unable to do any activity of dail l~ivin~. 8. Please provide an assessment of the severity of any impairments of this patient: Impairment (Indicate one) a) cognitive impairment/dementia erne severe b) spinal stenosis m~'~ m^a^~^+^ severe c) mild moderate severe d) mild moderate severe e) mild moderate severe fj mild moderate severe g) mild moderate severe h) mild moderate severe 9. Is the condition of this patient such that because of his condition, he would be susceptible to undue influence by unscrupulous or designing persons? Answer: YES (Continued.) Page 5 o f 8 If so, what services or assistance would you recommend as necessary to appropriate management of this patient's finances? Patient needs a guardian appointed to manage his affairs and to.pro~vide appropriate care for physical conditions. 10. What services or assistance would you recommend as necessary to meeting the health and safety needs of this patient? Patient requires continued comprehensive nursing home care. Appointment of a guardian to make decisions regarding health care, safety, and financial resources. 11. Are the services or assistance recommended the least restrictive alternatives? Answer: YES Does the patient need the services of the guardian to make decisions regarding the patient's healthcare, safety and financial resources? Answer: YES In other words, could the patient evaluate, communicate and make decisions regarding his health treatment, safety and financial resources in important matters without the guardian? Answer: NO (Continued.) Page 6 o f 8 Please explain why less restrictive alternatives are inappropriate: Patient suffers from severe progressive dementia with significant co nitive impairment. Patient does not have the ability to evaluate and make decisions re ag rdin~ his health or finances and needs a guardian to be appointed. 12. Based upon your education, training, experience and familiarity with this patient, what is your opinion as to the likelihood that the degree of incapacitation will significantly change? Permanent; will probably yet worse with time. 13. Would the physical or mental condition of this patient be harmed by his/her presence in open court? NOTE: Pennsylvania law, 20 Pa.C.S. §5511(a)(1), requires that the alleged incapacitated person be present at the hearing unless a physician or licensed psychologist provides by deposition, testimony or sworn statement, an opinion that his/her physical or mental condition would be harmed by his/her presence in court. Answer: YES If yes, please explain: Patient has severe physical and mental disability which precludes his presence in the courtroom. Page 7 o f 8 03-18-2010 15:4T FR01~-KEEFER,WOOD,ALLEN_~_RAHAL TiT6125805 T-753 P.009/009 F-221 VERIFICATION I, Kenneth B. Comer, M~, verify that the statements made in the foregoing de~~osition are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are subject to the penalties of 18 Pa.C.S. §4~~04 relating to unsworn falsification to authorities. ~~~ ~ Signature of deponent Hated: -~-~9-co Pacge S of 8