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HomeMy WebLinkAbout08-19-11IN RE: DAVID STEIGELMAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION An alleged incapacitated person PETITION FOR THE APPOINTMENT OF PERMANENT PLENARY GUARDIAN OF THE PERSON AND ESTATE PURSUANT TO 20 P.S. X5511 AND NOW COMES THE PETITIONER, the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania, by its solicitor, Anthony L. DeLuca, Esquire, who represents and avers as follows: 1. The Petitioner is the Cumberland County Aging & Community Services, in and for Cumberland County, Pennsylvania, with its office located at 1100 Claremont Road, Carlisle, Cumberland County, Pennsylvania. 2. The alleged incapacitated person is David Steigelman, age 65, who currently is incarcerated at Cumberland County Prison pursuant to a violation of a Protection From Abuse Order filed to PFA Order 2011.-100 and formerly resided in Shippensburg, Cumberland County, Pennsylvania. 3. The known relatives of the alleged incapacitated person are Gertrude Steigelman -Spouse 8 Robin Drive Shippensburg, PA 17257 n -t- :-~, ~~ ~; ., _L_a ~ R,_. ._ _ ~~ ^~ ~-~~~„ ._ .mac _ . D 4~iC,,_ David Richard Steigelman, Jr. -Son 3535 Sheffield Ave. Philadelphia, PA 4. The Petitioner is not related to David Steigelman. 5. The Petitioner's interest is that of a welfare agency concerned with his welfare and is familiar with his case. 6. David Steigelman, has, for at least three (3) months, been incapable of managing and caring for himself and his financial affairs. 7. David Steigelman exhibits symptoms of Bipolar affective disorder I, in partial remission; dementia of Alzheimer's type, early onset; alcohol dependence, in partial remission due to incarceration. 8. David Steigelman's cognitive incapacity prevents him from managing and caring for the affairs of his person and estate. 9. On or about April 6, 2011, the Petitioner received a telephone call from the Pennsylvania State Police stating that this was the 2"d call received in a week about Mr. Steigelman and, according to the Trooper, Mr. Steigelman was outside in his underwear, without shoes, locked out of his home, and looking for his wife who had gone to stay with her son in Philadelphia. 10. On Apri16, 2011, when visited by Petitioner's authorized representative, Mr. Steigelman answered the door partially dressed, wearing two (2) differend short sleeved shirts and brief underwear. 11. The following observations were made on that visit: a. He was drooling and not aware of it; b. He had food around his mouth and food stain on his shirt along with drooling stains; c. He had a sore area just above his lip on the left side of his mouth; d. He just stared and hardly blinked throughout the visit; e. The inside of the house was in disarray with clothes, blankets and trash strewn around; f. There were numerous cigarette butts in several ash trays and dirty dishes setting around in the living room, the overall place was dirty; and g. He was not able to manage within his environment. 12. On or about Apri122, 2011 Petitioner received a call from Tom Haley, Social worker at the Cumberland County Prison that Mr. Steigelman was in prison for violation of Protection From Abuse Act Order. 13. On April 19, 201 1, Michael A. Scherer, Esquire was appointed guardian Ad litem for David Steigelman. 14. On July 25, 2011, John M. Hume, M.D., J.D. evaluated David Steigelman and the following findings were made: A. His memory is Beverly impaired, especially recent memory; B. Bender Visual Motor Gestalt test showed very significant organic impairment; C. He has no really adequate concept of his finances or the reality of what costs would be living on his own; D. He doesn't have an understanding of his current medications or what they are for, or what they are suppose to do; and he will need ongoing supervision in that regard on a daily basis. A copy of Dr. Hume's report is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 15. The Petitioner believes and, therefore, avers that David Steigelman's monthly income is believed to be $1,309.40, consisting of Social Security and a Pension. 16. Petitioner requests that it be appointed Permanent Plenary Guardian of the Person and Estate of David Steigelman. 17. The proposed Guardian has no interest which is adverse to the interest of David Steigelman. 18. Petitioner believes and, therefore, avers that David Steigelman does not already have a Guardian. 19. Petitioner asserts that David Steigelman is incapacitated as definded in Chapter 55 of the Probate Estates and Fiduciaries Code. 20. Because of his impaired mental and physical condition, David Steigelman lacks the capacity to provide for his own personal care and maintenance. 21. Because of his mental and physical condition, David Steigelman is unable to manage his financial affairs, property and business and is unable to make and communicate decisions relating thereon. 22. David Steigelman does not have an existing power of attorney which would be a less restrictive alternative than Guardianship. 23. The failure to appoint Petitioner as Permanent Plenary Guardian of his Person and Estate will result in irreparable harm to the person and estate of David Steigelman. 24. To Petitioner's knowledge, no previous application has been made for the Order herein requested or for a similar Order. 25. No other Court has ever assumed jurisdiction in any proceeding to determine the incapacity of David Steigelman. 26. Medical Assistance regulations as set forth in Nursing Care Handbook instructions allow for the payment of Guardian fees as a deduction when determining contribution toward cost of care. 27. The amount of the Guardian's fee that is allowable as a deduction is the actual fee paid subject to a maximum of 10% of the person's gross monthly income or $100.00 per month, whichever is less. WHEREFORE, the Petitioner respectfully requests that: The Court appoint Cumberland County Aging & Community Services as Permanent Plenary Guardian of the Person and Estate of David Steigelman; and 2. The Court authorize Cumberland County Aging & Community Services to charge a guardianship fee as allowed by medical assistance regulations. Respectfully Submitted, Ant ony L. De ca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 VERIFICATION I hereby verify that the facts and information set forth in the foregoing Petition for the appointment of Permanent Plenary Guardian of the Person and Estate pursuant to 20 P.S. §5511 of David Steigelman are true and correct to the best of my knowledge, information, and belief. I understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ...P_~ Dated: ~"' Diane Gourley 08-15-'11 08:35 FFOM-Cumberland Co F & CS 7179605529 T-446 PCJ007;'0011 F-359 ,lohn M. Fume, M.D., J.D. 875 'Valley Road Marysville, PA 17053-9792 717-957-2401 August 6, 2011 Michael A. Scherer, esq. 19 W. South Street Carlisle, PA 17013 IZE: Commonwealth vs. David Steigelman I?ear Mr. Scherer: I saw Mr. Steigelman for reassessment on 07/25/11. I advised him, as I had in the past, about. the nonconfidential nature of the evaluation. When asked liow he was doing he eonaplained, "I've been getting migraines, bad headaches when I get up. My blood pressure has been up and down." When asked about what medications he was receiving, he said, "I Elave it written down, but 1 can't tell you off hand. I don't know if I'm getting blood pressure medicine. There are some new ones. Otherwise I feel pretty good. I never talked to you before. I don't really recall seeing you. 1 threw a pie in zny wife's face and she got a restraining order and hasn't dropped it. It would be wonderful to be across the road (referring to the county nursing home), I can't see my wife or talk to her until 2014. It's ridiculous for a pie that I didn't even throw. She was washing dishes, turned around and walked right into it. She packed up and left and went to our son's house. If I had known she had a restraining order I'd have never called her. Then they got a restraining order in Philadelphia and accused me of assault in Shippensburg. Sooner or later they have got to let me go." When additional efforts were made in regard to his medication, lie indicated that one was for cholesterol and he thought another was a nerve pill because lie had been getting pretty bad shaking, but it is much better now. "I had terrible shakes with gallbladder pain that was at a 10. I suffered like that for weeks and weeks. I'zn afraid of passing out with this current dizziness and migraines. I'm eating good. It's not like l'm not eating. I'zn doing some exercises. I read the Bible, the Near Testament and the small Bible. I'tn not up on what's going on in the world. I hope to be out of here some tune in August. I would agree to stay at the home if they sent me there. IL's not like I'd want to leave right away if my wife wanted me to. 1 was iii a. mental home for quite a few months. I can't remember ti7e n'trr-e of it. It's not too far away, but I know it's not in Carlisle-" When asked what alternative plates he might consider, he indicated Chat he would get an aparttrzent, and when asked how he would finance that he continued, "I'd probably have to get my two pensions; Social Security and the one from my work, and some other one that's roughly $2500.00 a month. My wife has no income, but we bought a home in Sl~ippensburg from the money we got from my son for buying our home." When asked what he understood the taxes to be l1e stated, " I don't thiiil: it would be that high. My wife takes care of all the bills. She has EXHIBIT "A" 08-15-' 11 08; 36 FROM-Cumberland Co ,~ & CS ?1?9605529 T-446 P0008`0711 F-359 Page 2 RE: Commonwealth vs. David Steigelman always done that since we've been married. i miss her so much, T cry every day over her. Our anniversary was this .month. Every day I used to get up and always said I love you and gave leer a hug grid a kiss. She didn't like my drinking a six pack five days out the week. I was going to A.A, T"here were a ferv occasions when I was drunk. My son's girlfriend suggested I should quit. I'm 65 and I don't thittl: a beer or two would hurt rne. l'd stop if my wife would take me back. My wife and rtry son's girlfriend put me in here in a way. What the holdup is is someone's supposed to interview me again (not realizing that I was that person, even though I explained this at the outset). My money is my money, and it's not hers. I gave her haYf of everything I had as far as spending money on food. My wife is living in my home and I want her to make a roof over my head. Tlie deed stipulated that my wife owns the hotne if I die. Tf she died, she has Che say. Probably she'd give it to my son. T#'s her share. I think eventually she'll take me back. It's asinine after 33 years of marriage to separate over a pie in the face or drinking a beer. 1 asked her pernzission and a case of beer lasted a long time." When asked had there been any prior incidents of difficulty with his wife, he acknowledged, "1 was taking too many pills, morn than I was supposed to, and it made me so I couldn't sleep in my bed. x tried to sleep on the floor, but that didn't work either. The pills I think were for anxiety. They made me delirious. C was like that for a week or so. It stopped almost a week after I was done with those pills. The medicine in here does fine except for the migraine and the dizziness. I'm not sleeping well with all the noise in here," When asked if he had had any disciplinary problems while in the prison, he said, "1'm not that kind of person. When T was younger I was never locked up. Thad one Dl_JI in my lifetime and I lost my license for a year. I had taken my son to a martial arts class, went to a bar and had. two drinks and bought a six pack, and was drinking them while waiting on txay son. ~ cop was watching the whole timE and when I drove out he arrested rne. 1 was a grand, grand master of martial arts." When asked regarding his memory he states #hat he sees it as the same as when he cane into jail. When specifically asked o~r-ti~ee item recall after several minutes, he was not able to get any of the three totally correct. The items were a green dress, 1924 Market Street, and San Diego, CA. I-Iis answers were "1924, Qh geez, it was a state, orange color, orange something, orange robe. I'm half right. California something, LA, no, that's not it.." He continued spontaneously, indicating he sees the nurse tluee or four tunes a day because of his blood pressure. "They used to tell me it was 130/something. Four days ago it was way high. I always ask or they tell me. My weight has been the same for quite a while, about 170 lbs. average when l weigh myself. When asked further in regard to his financial circutnstarrces, he remarked, "My wife has no legal doings as far as rzty pension and Social Security are concerned. She has some money in the bank. I don't know what it is, but I don't touch it. It's her money, She is S9 and doesn't get Social ©8-15-'11 08;36 FFO[~-Cumberland Co ~ 8; CS ?1r9665529 T-~~6 P0009,,'6E111 F-359 Page 3 RE: Commonwealth vs. David Steigelman Security. If she doesn't want to get back I'm filing for divorce. I've gotta live my own life. I' 11 never give up my home. She's retired, I hoped tlus would never happen. She used to do title searches for real estate in Philadelphia. I have a nephew who could take rn~e in, It's a small. place, but I'd pay for my own food and sleep on a sofa or the floor if need be. I'd just rather have things. How long have you been a doctor'?" In response to the answer he indicated his feelings that that was a long time and stated he had worked at NICE Bal] Bearing in Kulpsville in the Lansdale area. "They just folded up. I world work if ^ecessary, My wife and I lived a beautiful life together. At Christmas I went overboard and bought her a diamond ring, also for zny son's girlfriend. I bought my son a set of golf clubs anti a friend a set of his own and a small set For his son. I did go somewhat overboard. I'd never bought my wife a diamond ring in our lives. They helped me stop drinldt~g for six months after AA, then 1 had a couple of beers in a bar, so T had to start over again. That's how it works. I just like beer, but I'd stop ail alcohol if my wife would let me come back. I never had a big argument before except I got lost twice when we first came to Shippensbuxg. She didn't want me going any long distance, so she kept my car keys. There was a lot of arguing about my driving a long distance. I just don't understand why this had to happen. i didn't mean anything. She just happened to walk into it. I never threw anything again. I mean, for her to catch something, but it won't be a pie. 1 jilst can't understand why she did this. I'm willing to go across the street (to the nursing home), Somebody was supposed to come Friday. I wrote to the judge tc see what the holdup is. t'hey' 11 have to let me go. The judge wants me out of here. I had my trim." When asked if there was anything else he might offer to help ine understand his situation he continued, "I just can't understand why she doeszt't drop the charges. I gave her a couple of slaps when i was on that medicine and was deli~~ous with the shakes. Thad more of the shakes before lunch than any other time and then again at night. I just need to be back in society, home or living with somebody, an apartment that was cheap, or else I couldn't afford it after two years. AEl I need is a bed. I know somebody would take me in." When asked regarding the restraining order he continued, "I said something l shouldn't to iziy son's girlfriend. She has nice booC3s uzrd ~i ~aslced to~ see them. I'ci~ had two cans of beer-when 1 said that." When asked again regarding his economic issues he states lus pension money is at home and. $1200.00 goes directly to the bank. "I should have $d00.00 + pension dollars plus all zny clothes. If I get in a home I guess someone will take care of it. I've been praying somebody will take me in if worst comes to worst. 1 can't figure out why there's only $ t 500.00 in the bank, 1 would say that gas, electric, and the phone should only be a couple of hundred dollars a month. I don't recall the taxes- It's just that it's not high, $70.00 or something a year." On mental status exam he was initially pleasant and friendly with mild pressure of speech. He was correctly oriented fox time, place, and person. Mood aizd affect were quite variable, smiling at one rnoment, close to tears at another, and quite in•itable at other times. There were uo overtly 08-15-'11 08,36 FFOM-Cumberland Co A ~, CS 71i96~5529 Page 4 RE: Commonwealth vs. David Steigelmaj~ T-4~6 Pl~l~1GJI0011 F-359 psychotic symptoms such as delusions, hallucinations, or paranoid distortions except for die fact that he projects blame for his current circumstances on other people rather than accepti~~g responsibility for his behavior. Memory is severely impaired, especially recent memory. I had him repeat a Bender Visual Motor Gestalt test and it again showed very significant orgaziic impairment and on Bender recall after 15 minutes he could only draw one figure of the nine and it was incorrect. He has no really adequate concept of his finances or the reality of what costs would be living on his own, and states that his pension money would be for his use only, leaving his wife with no resources to cover the e~zpenses of their home in Shippensburg. He clearly does not have an understanding of his current medications or what they are for, or what they are supposed to do. He will need ongoing supervision in that regard on a daily basis. Suicidal and homicidal ideation are denied. Judgment is severely impaired. Insight is essentially lacking. DIAGNOSTIC IMPRESSION: Axis I Bipolar affecti~re disorder I, in partial remission. Dementia of Alzheimer's type, early onset, Alcohol dependence, in partial remission due to incarceration. Axis II No diagnosis. Axis III Mild akathisia, hypertension, migraine headaches. Axis IV Degree of stress severe; failing cognitive function, difficulty coping outside a structured environment, Axis V Current CrAF = 40. CO1viMEN f5: It is my opinion with reasanable medical certainty that Mr. Steigalman is not competent to manage his own affairs, both financial as well as genera] medical and welfare. His grasp of tlxe costs of things outside of an institutional setting is quite inaccurate, even though 12e has a rough idea of what his monthly income sources are. Hls judgment is very seriously impaired and it is quite likely that he could easily became the victim of designing persons. In summary, it is my opinion with reasonable medical certainty that he is not competent to manage his affairs and that a guardian should be appointed. Thank you for the opportunity to reevaluate Mr. Steigelmari. If you have any questions please do 08-15-'11 08;36 FFOCI-Cumberland Co A & CS 7179605529 T-4~6 P0011;~'G611 F-359 gage 5 PEE: Commonwealth vs. David Steigelman not hesitate to be in touch with me. Very Trui~ Yours, John M. Hume, M.D., J.D. JMH/DS-kts