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HomeMy WebLinkAbout09-17-12Saidis, Sullivan & Rogers Todd F. Truntz, Esquire ~~ n ~? Identification No. 83302 ~p ~ _ r~ w ~ ~~-:~ ~ 635 N. 12th Street, Suite 400 ~ ~ r-- ro r, ` - ~= Lemoyne, PA 17043 `---- ~ ~ ~ ~ J _ ; <<!-,1 (717) 612-5800 ~` t~ , ~ .- .- OC . ~ ~-~ ~- j ~ ~ , ~n t~ IN RE: JEAN B. DEISSLER, IN THE COURT OF COMMON PLEAS an Alleged Incapacitated Person OF CUMBERLAND COUNTY, :PENNSYLVANIA ORPHANS' COURT DIVISION :No. -~--1~12.-IDf~ PETITION FOR APPOINTMENT OF A PLENARY GUARDIAN OF THE PERSON AND ESTATE OF AN ALLEGED INCAPACITATED PERSON PURSUANT TO 20 Pa. C.S.A. § 5511 et. seq. NOW COME Petitioners Jeanne Adams, Suzan Cartwright, and Norman E. Deissler, Jr. (the "Petitioners"), by and through their attorneys, the law firm of Saidis, Sullivan & Rogers, and file the within Petition for the Appointment of a Plenary Guardian of the Person and Estate of an Alleged Incapacitated Person, and in support thereof, aver the following: 1. Jean B. Deissler (hereafter "Mrs. Deissler") is an alleged incapacitated person whose legal residence is 311 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Mrs. Deissler is 86 years of age, her date of birth being July 17, 1926. 1 3. Mrs. Deissler is the widow of Norman E. Deissler, Sr., deceased (hereafter "Mr. Deissler"), who died on August 1, 2012. 4. The intestate heirs of Mrs. Deissler are her three (3) adult children, who are the Petitioners herein: Jeanne Adams 6004 Triple Crown Circle Greensburg, PA 15601 Suzan Cartwright 2172 Poor Richards Lane Pittsburgh, PA 15237 Norman E. "Ned" Deissler, Jr. 2013 Enfield Street Camp Hill, PA 17011 5. Mrs. Deissler is currently receiving long term care in a residential facility known as Sherwood Oaks, 500 Norman Drive, Cranberry Township, Butler County, Pennsylvania, 16066, and is dependent upon a variety of caregivers employed thereby. 6. Mrs. Deissler was not and is not presently a member of the Armed Services of the United States; however, Mr. Deissler was a member of the U.S. Armed Services and a veteran of World War II. The Petitioners are currently in the process of applying to the United States Veterans Administration for veterans benefits she may be eligible to receive. 7. Mrs. Deissler's assets are currently being managed with the assistance of her son, Petitioner Norman E. Deissler, Jr. 8. Mrs. Deissler is aged and infirm and is easily confused in regard to everyday matters, as well as to time and place. Due to her age and condition, she is 2 unable to manage any of her financial affairs or make decisions with respect to her assets. 9. The primary care physician who is currently responsible for the medical care of Mrs. Deissler is: Wendy Schaenen, M.D. Internists of Central PA, Ltd. 108 Lowther Street Lemoyne, PA 17043 10. On August 24, 2012, the written "Deposition of Individual Qualified to Render Opinion as to Incapacitation" of Wendy Schaenen, M.D. (the "Deposition") was obtained, wherein Dr. Schaenen expressed the professional opinion that the appointment of a guardian is necessary for the person and estate of Mrs. Deissler. The "Deposition of Individual Qualified to Render Opinion as to Incapacitation" of Wendy Schaenen, M.D. is attached hereto and incorporated herein as "Exhibit A." 11. It is the professional opinion of Wendy Schaenen, M.D. that the requirement of physical attendance of Mrs. Deissler at a hearing to determine her capacity would harm Mrs. Deissler in that travel and an unfamiliar environment are likely to precipitate worsening dementia symptoms. 12. As set forth in the Deposition, the functional limitations and physical and mental condition of Mrs. Deissler are: a. Mrs. Deissler suffers from severe dementia, and has substantially diminished memory, judgment, and reasoning ability; b. Mrs. Deissler is no longer able to manage her financial affairs, or make competent decisions as far as her welfare is concerned; and 3 c. Mrs. Deissler's physical and cognitive functions will likely deteriorate progressively. 13. Mrs. Deissler does not have a general or health care power of attorney, and she does not have the apparent legal capacity to execute such powers of attorney, which inhibits the viability of less restrictive alternatives to the appointment of plenary and financial guardians. 14. The severity of Mrs. Deissler's mental condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of her estate be appointed to manage and handle all aspects of her estate, specifically, but not limited to: all such issues relating to cash, checks, bank savings, stocks, bonds, personal property, real property, insurance policies, government entitlements, taxes, execution of documents, entry in contracts, and the payment of reasonable compensation for services provided to the person. 15. The severity of Mrs. Deissler's mental condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of her person be appointed to manage and handle all aspects of her person, specifically, but not limited to: living arrangements, medical and psychiatric care, administration of medication, employment and discharge of physicians and other health care professionals, and other medical decisions as may be required. 16. The Petitioners request that Mrs. Deissler's adult daughters, Jeanne Adams ("Jeanne") and Suzan Cartright ("Suzan"), acting together or separately, be appointed plenary co-guardians of the person of Mrs. Deissler. 4 17. Jeanne Adams as proposed co-guardian, has the following qualifications: a. Jeanne is the eldest daughter of Mrs. Deissler, whose date of birth is June 23, 1950. b. Jeanne graduated from the University of Pittsburgh with a certification in dental assisting and is a registered dental hygienist. Jeanne worked for many years both full and part-time in her late husband's dental practice, serving as a dental hygienist and managing the finances of the practice. Jeanne continues to work as a dental hygienist at another dental practice. c. Jeanne lives approximately 1 hour from Mrs. Deissler's long- term care facility and visits her frequently; d. Jeanne is dedicated to the care and well-being of her mother and is readily accessible to make decisions regarding her care; and e. Jeanne has no interests adverse to Mrs. Deissler. 18. Suzan Cartright, as proposed co-guardian, has the following qualifications: a. Suzan is the younger daughter of Mrs. Deissler, whose date of birth is October 17, 1953. b. Suzan attended Central Penn Business School, was initially employed as a secretary, and then worked as a public relations 5 representative for Pennsylvania Blue Shield. Upon starting her family, Suzan became a stay at home mother to raise her 2 children. c. Suzan lives very close to Mrs. Deissler's long-term care facility and visits her on nearly a daily basis; d. Suzan is dedicated to the care and well-being of her mother and is readily accessible to assist with decisions regarding her care; and e. Suzan has no interests adverse to Mrs. Deissler. 19. The Petitioners request that Norman E. Deissler, Jr. ("Ned") be appointed plenary guardian of the estate of Mrs. Deissler. 20. Ned, as proposed guardian, has the following qualifications: a. Ned is the son of Mrs. Deissler, whose date of birth is November 15, 1955; b. Ned is a graduate of Cumberland Valley High School and attended college courses at Harrisburg Area Community College and the Pennsylvania State University; c. Ned was the business partner of his late father, Mr. Deissler, in their local family business known as Deissler's Flowers. Ned has substantial experience in managing the books and finances of Deissler's flowers. Ned retired from Deissler's Flowers in 2005, and is currently a very successful salesperson employed by Sutliff Chevrolet; d. Ned is the successor trustee of certain trusts created by his parents, discussed at length below, now for the benefit of Mrs. Deissler, and 6 as such successor trustee, currently manages a significant portion of Mrs. Deissler's assets and income. e. Ned is currently assisting Mrs. Deissler with her finances, is readily available to address her financial needs, and is dedicated to the care and financial well-being of his mother; and f. Ned has no interests adverse to Mrs. Deissler. 21. The gross value of Mrs. Deissler's Estate, held individually and in trust, is in excess of $1, 000, 000. 22. Mr. Deissler° executed an Agreement of Trust dated July 31, 1992 by and among Mr. Deissler as grantor and Mr. Deissler and Mrs. Deissler as trustees (the "Agreement of Trust"), having been subsequently amended on July 6, 2012 by an Amended and Restated Revocable Agreement of Trust (the "Amendment"). The Agreement of Trust and the Amendment are herein collectively referred to as "Mr. Deissler's Trust." 23. As set forth in Article XIV of the Amendment, Ned is designated successor trustee upon the death of Mr. Deissler, and if he is unwilling or unable to serve as trustee, Jeanne and Suzan are appointed successor trustees of Mr. Deissler's Trust. 24. Pursuant to Article IV(d) of the Amendment, upon the death of Mr. Deissler, the remaining assets of Mr. Deissler's Trust are to be held by Ned as successor trustee for the benefit of Mrs. Deissler. 7 25. Article V of the Amendment provides for payment of net income of Mr. Deissler's Trust to Mrs. Deissler during her lifetime, as well as such amounts of principal that are necessary for her support, maintenance, and health care. 26. Mr. Deissler's Trust currently owns real properties and other investment accounts which generate income to Mrs. Deissler and will be used to fund her health care and other needs. 27. Mrs. Deissler also executed her own Agreement of Trust dated July 31, 1992, by and among Mrs. Deissler as grantor and Mrs. Deissler and Mr. Deissler as trustees ("Mrs. Deissler's Trust"). 28. As set forth in Article XI of Mrs. Deissler's Trust, Ned is designated successor trustee upon the death of Mr. Deissler and upon Mrs. Deissler's inability to serve. If Ned should become unwilling or unable to serve as successor trustee, Jeanne and Suzan are appointed successor trustees of Mrs. Deissler's Trust. 29. Upon the death of Mr. Deissler on August 1, 2012, Ned became successor trustee of Mrs. Deissler's Trust inasmuch as Mrs. Deissler is no longer able to serve as trustee. 30. Article I of Mrs. Deissler's Trust provides for payment of net income to Mrs. Deissler during her lifetime, as well as such amounts of principal that are necessary for her support, maintenance, and health care. 31. Mr. Deissler owned certain IRA accounts and insurance policies of which Mrs. Deissler is designated the current beneficiary, and in addition, certain real and personal property, including investment accounts, owned jointly by Mr. 8 Deissler and Mrs. Deissler became the sole property of Mrs. Deissler by operation of law upon the death of Mr. Deissler. 32. Consolidation of those assets of Mrs. Deissler that are able to be held in trust into Mrs. Deissler's Trust will simplify the management of her assets and maximize income, along with income she will receive as the beneficiary of Mr. Deissler's Trust. 33. The petitioners respectfully request that, in accordance with 20 Pa.C.S.A. 5122(a), no bond shall be required of Mr. Deissler inasmuch as he is the appointed successor trustee in both Mr. Deissler's Trust and Mrs. Deissler's Trust, which will hold the majority of assets for Mrs. Deissler's benefit. 34. The current income of Mr. Deissler's Trust, future, income of Mrs. Deissler's Trust, as well as other income of Mrs. Deissler are expected to be sufficient to provide for all of her current and foreseeable future needs. 35. To the Petitioners' knowledge and belief, no other court has assumed jurisdiction in any proceeding to determine the capacity of Mrs. Deissler. 36. To the Petitioners' knowledge and belief, no other guardian has been appointed for the estate or person of Mrs. Deissler. 37. Mrs. Deissler is not currently represented by separate counsel. WHEREFORE, Petitioner respectfully requests that the Court, pursuant to 20 Pa. C.S. § 5512.1, issue a Citation directed to Mrs. Deissler, with notice to her next of kin, and to such other persons as the Court directs, to show cause why Mrs. 9 Deissler should not be adjudged to be an incapacitated person and Jeanne Adams and Suzan Cartwright be appointed as co-plenary guardians of her person, and Norman E. Deissler, Jr. be appointed plenary guardian of her estate, and to show cause why those assets of Mrs. Deissler that are able to be held in trust should not be transferred to Mrs. Deissler's Trust. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS __ DATE: September 14, 2012 BY: Todd F. Truntz, Esquire Identification No. 83302 635 N. 12th Street, Suite 400 Lemoyne, Pa 17043 (717)-612-5800 10 VERIFICATION The undersigned, Norman E. Deissler, Jr., hereby verifies and states that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. Furthermore, the undersigned understands that false statements are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn verification to authorities. r Dated: -- ~3~ ~~ , 2012 NORMAN E. DEISSLER, JR. Saidis, Sullivan & Rogers Elyse E. Rogers, Esquire Identification No. 41274 Todd F. Truntz, Esquire Identification No. 83302 635 N. 12th Street, Suite 400 Lemoyne, PA 17043 (717) 612-5800 IN RE: JEAN B. DEISSLER, an Alleged Incapacitated Person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. PETITION FOR APPOINTMENT OF A PLENARY GUARDIAN OF THE PERSON AND ESTATE OF AN ALLEGED INCAPACITATED PERSON PURSUANT TO 20 Pa. C.S.A. § 5511 et. seq. NOW COME Petitioners Jeanne Adams, Suzan Cartwright, and Norman E. Deissler, Jr. (the "Petitioners"), by and through their attorneys, the law firm of Saidis, Sullivan & Rogers, and file the within Petition for the Appointment of a Plenary Guardian of the Person and Estate of an Alleged Incapacitated Person, and in support thereof, aver the following: 1. Jean B. Deissler (hereafter "Mrs. Deissler") is an alleged incapacitated person whose legal residence is 311 Lamp Post Lane, Camp Hill, Cumberland County, Pennsylvania, 17011. 1 2. Mrs. Deissler is 86 years of age, her date of birth being July 17, 1926. 3. Mrs. Deissler is the widow of Norman E. Deissler, Sr., deceased (hereafter "Mr. Deissler"), who died on August 1, 2012. 4. The intestate heirs of Mrs. Deissler are her three (3) adult children, who are the Petitioners herein: Jeanne Adams 6004 Triple Crown Circle Greensburg, PA 15601 Suzan Cartwright 2172 Poor Richards Lane Pittsburgh, PA 15237 Norman E. "Ned" Deissler, Jr. 2013 Enfield Street Camp Hill, PA 17011 5. Mrs. Deissler is currently receiving long term care in a residential facility known as Sherwood Oaks, 500 Norman Drive, Cranberry Township, Butler County, Pennsylvania, 16066, and is dependent upon a variety of caregivers employed thereby. 6. Mrs. Deissler was not and is not presently a member of the Armed Services of the United States; however, Mr. Deissler was a member of the U.S. Armed Services and a veteran of World War II. The Petitioners are currently in the process of applying to the United States Veterans Administration for veterans benefits she may be eligible to receive. 7. Mrs. Deissler's assets are currently being managed with the assistance of her son, Petitioner Norman E. Deissler, Jr. 8. Mrs. Deissler is aged and infirm and is easily confused in regard to everyday matters, as well as to time and place. Due to her age and condition, she is 2 unable to manage any of her financial affairs or make decisions with respect to her assets. 9. The primary care physician who is currently responsible for the medical care of Mrs. Deissler is: Wendy Schaenen, M.D. Internists of Central PA, Ltd. 108 Lowther Street Lemoyne, PA 17043 10. On August 24, 2012, the written "Deposition of Individual Qualified to Render Opinion as to Incapacitation" of Wendy Schaenen, M.D. (the "Deposition") was obtained, wherein Dr. Schaenen expressed the professional opinion that the appointment of a guardian is necessary for the person and estate of Mrs. Deissler. The "Deposition of Individual Qualified to Render Opinion as to Incapacitation" of Wendy Schaenen, M.D. is attached hereto and incorporated herein as "Exhibit A." 11. It is the professional opinion of Wendy Schaenen, M.D. that the requirement of physical attendance of Mrs. Deissler at a hearing to determine her capacity would harm Mrs. Deissler in that travel and an unfamiliar environment are likely to precipitate worsening dementia symptoms. 12. As set forth in the Deposition, the functional limitations and physical and mental condition of Mrs. Deissler are: a. Mrs. Deissler suffers from severe dementia, and has substantially diminished memory, judgment, and reasoning ability; b. Mrs. Deissler is no longer able to manage her financial affairs, or make competent decisions as far as her welfare is concerned; and 3 c. Mrs. Deissler's physical and cognitive functions will likely deteriorate progressively. 13. Mrs. Deissler does not have a general or health care power of attorney, and she does not have the apparent legal capacity to execute such powers of attorney, which inhibits the viability of less restrictive alternatives to the appointment of plenary and financial guardians. 14. The severity of Mrs. Deissler's mental condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of her estate be appointed to manage and handle all aspects of her estate, specifically, but not limited to: all such issues relating to cash, checks, bank savings, stocks, bonds, personal property, real property, insurance policies, government entitlements, taxes, execution of documents, entry in contracts, and the payment of reasonable compensation for services provided to the person. 15. The severity of Mrs. Deissler's mental condition and the lack of viable, less restrictive alternatives necessitate that a plenary guardian of her person be appointed to manage and handle all aspects of her person, specifically, but not limited to: living arrangements, medical and psychiatric care, administration of medication, employment and discharge of physicians and other health care professionals, and other medical decisions as may be required. 16. The Petitioners request that Mrs. Deissler's adult daughters, Jeanne Adams ("Jeanne") and Suzan Cartright ("Suzan"), acting together or separately, be appointed plenary co-guardians of the person of Mrs. Deissler. 4 17. Jeanne Adams as proposed co-guardian, has the following qualifications: a. Jeanne is the eldest daughter of Mrs. Deissler, whose date of birth is June 23, 1950. b. Jeanne graduated from the University of Pittsburgh with a certification in dental assisting and is a registered dental hygienist. Jeanne worked for many years both full and part-time in her late husband's dental practice, serving as a dental hygienist and managing the finances of the practice. Jeanne continues to work as a dental hygienist at another dental practice. c. Jeanne lives approximately 1 hour from Mrs. Deissler's long- term care facility and visits her frequently; d. Jeanne is dedicated to the care and well-being of her mother and is readily accessible to make decisions regarding her care; and e. Jeanne has no interests adverse to Mrs. Deissler. 18. Suzan Cartright, as proposed co-guardian, has the following qualifications: a. Suzan is the younger daughter of Mrs. Deissler, whose date of birth is October 17, 1953. b. Suzan attended Central Penn Business School, was initially employed as a secretary, and then worked as a public relations 5 representative for Pennsylvania Blue Shield. Upon starting her family, Suzan became a stay at home mother to raise her 2 children. c. Suzan lives very close to Mrs. Deissler's long-term care facility and visits her on nearly a daily basis; d. Suzan is dedicated to the care and well-being of her mother and is readily accessible to assist with decisions regarding her care; and e. Suzan has no interests adverse to Mrs. Deissler. 19. The Petitioners request that Norman E. Deissler, Jr. ("Ned") be appointed plenary guardian of the estate of Mrs. Deissler. 20. Ned, as proposed guardian, has the following qualifications: a. Ned is the son of Mrs. Deissler, whose date of birth is November 15, 1955; b. Ned is a graduate of Cumberland Valley High School and attended college courses at Harrisburg Area Community College and the Pennsylvania State University; c. Ned was the business partner of his late father, Mr. Deissler, in their local family business known as Deissler's Flowers. Ned has substantial experience in managing the books and finances of Deissler's flowers. Ned retired from Deissler's Flowers in 2005, and is currently a very successful salesperson employed by Sutliff Chevrolet; d. Ned is the successor trustee of certain trusts created by his parents, discussed at length below, now for the benefit of Mrs. Deissler, and 6 as such successor trustee, currently manages a significant portion of Mrs. Deissler's assets and income. e. Ned is currently assisting Mrs. Deissler with her finances, is readily available to address her financial needs, and is dedicated to the care and financial well-being of his mother; and f. Ned has no interests adverse to Mrs. Deissler. 21. The gross value of Mrs. Deissler's Estate, held individually and in trust, is in excess of $1,000,000. 22. Mr. Deissler executed an Agreement of Trust dated July 31, 1992 by and among Mr. Deissler as grantor and Mr. Deissler and Mrs. Deissler as trustees (the "Agreement of Trust"), having been subsequently amended on July 6, 2012 by an Amended and Restated Revocable Agreement of Trust (the "Amendment"). The Agreement of Trust and the Amendment are herein collectively referred to as "Mr. Deissler's Trust." 23. As set forth in Article XIV of the Amendment, Ned is designated successor trustee upon the death of Mr. Deissler, and if he is unwilling or unable to serve as trustee, Jeanne and Suzan are appointed successor trustees of Mr. Deissler's Trust. 24. Pursuant to Article IV(d) of the Amendment, upon the death of Mr. Deissler, the remaining assets of Mr. Deissler's Trust are to be held by Ned as successor trustee for the benefit of Mrs. Deissler. 7 25. Article V of the Amendment provides for payment of net income of Mr. Deissler's Trust to Mrs. Deissler during her lifetime, as well as such amounts of principal that are necessary for her support, maintenance, and health care. 26. Mr. Deissler's Trust currently owns real properties and other investment accounts which generate income to Mrs. Deissler and will be used to fund her health care and other needs. 27. Mrs. Deissler also executed her own Agreement of Trust dated July 31, 1992, by and among Mrs. Deissler as grantor and Mrs. Deissler and Mr. Deissler as trustees ("Mrs. Deissler's Trust"). 28. As set forth in Article XI of Mrs. Deissler's Trust, Ned is designated successor trustee upon the death of Mr. Deissler and upon Mrs. Deissler's inability to serve. If Ned should become unwilling or unable to serve as successor trustee, Jeanne and Suzan are appointed successor trustees of Mrs. Deissler's Trust. 29. Upon the death of Mr. Deissler on August 1, 2012, Ned became successor trustee of Mrs. Deissler's Trust inasmuch as Mrs. Deissler is no longer able to serve as trustee. 30. Article I of Mrs. Deissler's Trust provides for payment of net income to Mrs. Deissler during her lifetime, as well as such amounts of principal that are necessary for her support, maintenance, and health care. 31. Mr. Deissler owned certain IRA accounts and insurance policies of which Mrs. Deissler is designated the current beneficiary, and in addition, certain real and personal property, including investment accounts, owned jointly by Mr. 8 Deissler and Mrs. Deissler became the sole property of Mrs. Deissler by operation of law upon the death of Mr. Deissler. 32. Consolidation of those assets of Mrs. Deissler that are able to be held in trust into Mrs. Deissler's Trust will simplify the management of her assets and maximize income, along with income she will receive as the beneficiary of Mr. Deissler's Trust. 33. The current income of Mr. Deissler's Trust, future income of Mrs. Deissler's Trust, as well as other income of Mrs. Deissler are expected to be sufficient to provide for all of her current and foreseeable future needs. 34. To the Petitioners' knowledge and belief, no other court has assumed jurisdiction in any proceeding to determine the capacity of Mrs. Deissler. 35. To the Petitioners' knowledge and belief, no other guardian has been appointed for the estate or person of Mrs. Deissler. 36. Mrs. Deissler is not currently represented by separate counsel. WHEREFORE, Petitioner respectfully requests that the Court, pursuant to 20 Pa. C.S. § 5512.1, issue a Citation directed to Mrs. Deissler, with notice to her next of kin, and to such other persons as the Court directs, to show cause why Mrs. Deissler should not be adjudged to be an incapacitated person and Jeanne Adams and Suzan Cartwright be appointed as co-plenary guardians of her person, and Norman E. Deissler, Jr. be appointed plenary guardian of her estate, and to show 9 cause why those assets of Mrs. Deissler that are able to be held in trust should not be transferred to Mrs. Deissler's Trust. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS DATE: August , 2012 BY: Elyse E. Rogers, Esquire Identification No. 41274 Todd F. Truntz, Esquire Identification No. 83302 635 N. 12th Street, Suite 400 Lemoyne, Pa 17043 (717)-612-5800 10 VERIFICATION The undersigned, Norman E. Deissler, Jr., hereby verifies and states that the facts set forth in the foregoing Petition are true and correct to the best of his knowledge, information and belief. Furthermore, the undersigned understands that false statements are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn verification to authorities. Dated: , 2012 ~ ,c.. NORMAN E. DEISSLER, JR. ~~~IIBIT A DEPOSITION OF INDIVIDUAL QUALIFIED TO RENDER OPINION AS TO INCAPACITATION This written deposition of WENDY SCHAENEN, M.D., a witness in this matter, is taken on the 24th day of August, 2012 at Lemoyne, Pennsylvania. 1. Please state your name and your professional address. Wendy Schaenen, M.D. Internists of Central PA, Ltd. 108 Lowther Street Lemoyne, PA 17043 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. RESPONSE: See attached curriculum vitae. I have worked in clinical medicine since 1986 taking care of patients such as Mrs. Jean Deissler. 3. In your professional capacity, have you had the opportunity to meet with, examine, speak with or otherwise become acquainted with Jean B. Deissler? ANSWER: Yes. If yes, please state the following: I first became acquainted with Jean B. Deissler on February 26, 2009, when she was transferred from another doctor. I have since (visited, spoken with, examined or treated) her on twenty (20) other occasions with an average frequency of three (3) times per year, plus acute visits. 4. Please evaluate the present condition of Jean B. Deissler 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, the current mental, emotional and physical condition, adaptive behavior and social skills of Jean B. Deissler. Page 1 o f 6 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 her incapacities are as follows: Mental and Emotional Condition: RESPONSE: Mrs. Deissler carried a diagnosis of dementia when I met her in February of 2009 and was already taking the medications Aricept and Namenda. Mrs. Deissler was very dependent on her husband who generally answered all questions and doled out medications. Mrs. Deissler's husband recently passed away, and she has been more agitated, more irritable, and more confused. I administered a Mini- Mental State Examination (`MMSE') on July 30, 2012, and she scored I1 out of 29, indicating severe dementia. Physical condition: RESPONSE: Mrs. Deissler is elderly (86 years old) and frail. She is unsteady on her feet and walks with a walker, has frequent falls, and has had several episodes of syncope. Adaptive behavior: RESPONSE: Mrs. Deissler needs 24-hour supervision for severe dementia. She does not know her medications, when, or how to take them. She is easily agitated, confused with recent life changes, and suffers frequent falls. Social skills: RESPONSE: Mrs. Deissler is pleasant and cooperative, but needs direction for all activities of daily living. She does not exhibit violent behavior. Page 2 o f 6 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 she is impaired in her ability to effectively receive and evaluate information and to make and communicate decisions in any way? ANSWER: Yes. If yes, please explain your opinion. RESPONSE: Mrs. Deissler suffers from severe dementia -eery poor memory, poor judgment, poor reasoning ability. She repeats herself, and has little understanding of her situation. 6. If you are of the opinion that Jean B. Deissler is impaired in her ability to effectively receive and evaluate information and to make and communicate decisions in any way, does such impairment render her either partially or totally unable to manage her financial resources? ANSWER: Yes. If yes, check whether such impairment renders Jean B. Deissler: Partially unable to manage her own finances. X Totally unable to manage her own finances. Please explain your opinion: RESPONSE: Mrs. Deissler has no ability to perform simple math (for example, she couldn't subtract 100-7 on her MMSE). She has no memory/recall. 7. If you are of the opinion that Jean B. Deissler is impaired in her ability to effectively receive and evaluate information and make and communicate decisions in any way, does such impairment render her either partially or totally unable to meet the essential requirements for her physical health and safety? ANSWER: Yes. Page 3 o f 6 If yes, please check whether such impairment renders Jean B. Deissler: Partially unable to meet essential requirements for her physical health and safety. X Totally unable to meet essential requirements for her physical health and safety. Please explain your opinion. RESPONSE: Mrs. Deissler gets confused and agitated. She was totally dependent on her late husband for all decision making, meals, driving, and for all direction. 8. Is the condition of Jean B. Deissler such that because of her condition, she would be susceptible to undue influence by unscrupulous or designing persons? ANSWER: Yes. If so, what services or assistance would you recommend as necessary to appropriate management of Jean B. Deissler's finances? RESPONSE: I believe a concerned family member would be the appropriate person to manage her finances. 9. What services or assistance would you recommend as necessary to meeting the health and safety needs of this patient? RESPONSE: Mrs. Deissler needs 24-hour supervision. She can't drive, prepare meals, manage her finances, or administer her medications. She is a fall risk and is unsafe alone. 10. Are the services or assistance recommended the least restrictive alternatives? ANSWER: Yes. Page 4 o f 6 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 her health treatment, safety and financial resources in important matters without the guardian? ANSWER: No. Please explain why less restrictive alternatives are inappropriate: RESPONSE Mrs. Deissler is unsafe alone and completely incapable of caring for her medical needs and financial management. 11. 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? RESPONSE: Itlrs. Deissler's condition may get worse; it will never get better. 12. Would the physical or mental condition of Jean B. Deissler be harmed by 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 the patient's physical or mental condition would be harmed by his or her presence in court. RESPONSE: Yes. Patients with dementia handle change poorly. New environments are confusing and disruptive and often precipitate worsening of symptoms. Mrs. Deissler is elderly and frail and travel is difficult. She is already upset and confused by her husband's death and her move to assisted living near Pittsburgh. Requiring her to return for a court appearance would be mentally if not physically detrimental to her wellbeing. Page 5 o f 6 Wendy Schaenen, MD 108 Lowther Street Lemoyne, PA 17043 (717) 774 -1366 (work) (717) 730 - 4655 (home) wschaenenCa~aol.com WORK EXPERIENCE 2001- present Internists of Central PA, Lemoyne, PA -general internist in a single specialty private practice 1989 - 2001 Cowley Associates, Camp Hill PA -partner in amulti-specialty private practice 1986 -1989 Bellevue Hospital/New York University, NYC -attending physician with my own panel of patients and resident teaching responsibilities EDUCATION 1983 -1986 Internship and Residency in Primary Care Internal Medicine at the University of California at San Francisco 1979 -1983 Cornell University Medical College, NYC Degree: MD 1975 -1979 Cornell University, Ithaca, NY Degree: BA AWARDS AND MEMBERSHIPS Diplomate, American Board of Internal Medicine, 1986 Alpha Omega Alpha, Cornell University Medical College, 1983 Pennsylvania Medical Society, member in good standing Medical Director, Medical Assisting Program at Harrisburg Area Community College from 1998 to present American Heart Association, ACLS re-certified 2012 VERIFICATION I, WENDY SCHAENEN, M.D., verify that the statements made in the foregoing deposition 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. §4944 relating to unsworn falsification to authorities. Wendy Schaenen, M.D. ~- ~~~ ~~- l Dated: Wage 7 of 7