HomeMy WebLinkAbout12-20-12LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Paul D. Edger, Esquire o
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Attorney I.D. No. 312713 00- ~ :? c~ o
Peter J. Russo, Esquire ern., = n ~ cn ::~
Attorney LD. No. 72897 ~ ~ ~ o r~;
5006 East Trindle Road, Suite 203 • .-.
Mechanicsburg, PA 17050 ~ `~ " ~'
Telephone: 717-591-1755 C,;.Y __
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Attorneys for Petitioner
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
JAMES E. KAUFFMAN, ORPHANS' COURT DIVISION
Respondent and Principal
v. ,
BARBARA MURRAY and .
RICHARD SMITH, NO. 2012-846
Petitioners
EMERGENCY PETITION FOR GUARDIANSHIP FOR INCAPACITATED PERSON
AND NOW COMES the Petitioner, Bazbaza Murray, by and through her attorneys The
Law Offices of Peter J. Russo, P.C. and avers the following in support of her Emergency Petition
for Guardianship of Incapacitated Person:
1. The Petitioner is Bazbaza Murray, an adult individual with a current residence of 107
Hollow Lane, Dillsburg, York County, Pennsylvania 17019. The relationship of the
Petitioner to the Incapacitated Person is that of step-daughter.
2. The Incapacitated Person is James E. Kauffman (hereinafter referred to as "Mr.
Kauffman"), age 88, with a current residence of Country Meadows, 4905 East Trindle
Road, :Room 95, Mechanicsburg, Cumberland County, Pennsylvania 17050.
3. Mr. Kauffman's heirs consist of Barbara Murray of 107 Hollow Lane, Dillsburg, York
County, Pennsylvania 17019 (step-daughter), Richard Smith of 1417 Morning Side
Drive, Silver Spring, Maryland 20904 (step-son), Carol Yost 354 Beaver Creek Road,
East Berlin, Pennsylvania 17316 (step-daughter), Paul Smith 54 Nobadeer Road,
Centerville, Massachusetts 02632 (step-son), Cindy Laskowsky, 9406 West Ross
Avenue, Peoria, Arizona 85382 (step-daughter).
4. Mr. Kauffman is currently in the care of Country Meadows Retirement Community, 4905
East Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania 17050.
5. The Petitioner, Barbara Murray, asks that she be appointed Guardian of Mr. Kauffman.
6. The Petitioner, Barbara Murray, has no interests opposed to that of Mr. Kauffman.
7. Guardianship is requested due to Mr. Kauffman's current medical and mental conditions,
which prevent him from adequately making reasonable decisions regarding money and
property, and due to his current mental condition, is at risk for not receiving proper care.
8. This Honorable Court on November 5, 2012 entered an Order regarding Mr. Kauffman
concerning his finances, and ordered "Any interested party may petition for a
modification of this Order of Court at any time for cause shown." A true and correct copy
is attached as Exhibit "A."
9. "The Court, upon petition and a hearing at which clear and convincing evidence is
shown, may appoint an emergency guardian or guardians of the person or estate of a
person alleged to be incapacitated, when it appears that the person lacks capacity, is in
need of a guardian and a failure to make such appointment will result in irreparable harm
to the person or estate of the alleged incapacitated person." See 20 Pa.C.S. §5513.
10. The Petitioner, Barbara Murray, as well as Richard Smith, was previously appointed by
Mr. Kauffman as Power of Attorney to act on behalf of Mr. Kauffman in regard to
finances and Mr. Kauffman's best interests.
11. On or about July 3, 2012, Mr. Kauffman revoked the Power of Attorney appointed to
Petitioner and Richard Smith, and instead appointed Ray Yovanovich as his Power of
Attorney.
12. On December 10, 2012, Ray Yovanovich revoked his designation as Mr. Kauffman's
Power of Attorney.
13. As of today's date, Mr. Kauffinan does not currently have a Power of Attorney.
14. Mr. Kauffinan currently suffers from Alzheimer's Disease, and is in the Dementia Unit at
County Meadows due to his current mental state.
15. Since his entry in Country Meadows on or about December 26, 2011, Mr. Kauffman has
shown and displayed a continued commitment to exit Country Meadows, which includes
the Dementia Unit, and has also expressed physical threats to Patrick Conroy, manager at
Country Meadows, on numerous occasions, and even attacking Mr. Conroy with his cane.
16. On or about December 10, 2012, Mr. Kauffman noted to the Petitioner that he intended to
go to the hospital "next week."
17. On December 11, 2012, Mr. Kauffman threatened to shoot Mr. Conroy with guns "when
I gain access to them." The guns are not in Mr. Kauffman's possession at Country
Meadows, but rather with his previous Power of Attorney, Ray Yovanovich.
18. On December 13, 2012, Mr. Kauffinan was visited by his friend, known by the Petitioner
as "John B", who personally escorted Mr. Kauffman out of the Dementia Unit.
19. Patients of the Dementia Unit are not able to leave on their own accord unless assisted by
a third party, or an order is given to Country Meadow by the Power of Attorney that he is
unable to leave.
20. Mr. Kauffman mentioned his intent of leaving the Dementia Unit on December 13, 2012,
was to gain access to his weapons that are in the presence of Ray Yovanovich's home.
21. Mr. Kauffman was prevented from leaving the unit by Mr. Conroy due ~ to Mr.
Kauffinan's statement that he was going to leave the unit to gain access to his weapons.
22. On December 15, 2012, Mr. Kauffman contacted a local car dealer regarding selling his
vehicle to pay for funeral expenses.
23. Due to this contact, the car dealership arrived at Country Meadows to transport Mr.
Kauffman to the dealership. Prior to leaving the facility, Mr. Kauffman's prior Power of
Attorney, Ray Yovanovich, was contacted, and he notified Country Meadows and stated
that Mr. Kauffman was not permitted to leave for the stated purpose.
24. When Mr. Conroy approached Mr. Kauffman stating he was not permitted to leave, Mr.
Kauffman attempted to attack Mr. Conroy with his cane.
25. Mr. Kauffman also stated to Mr. Conroy that "one way or another" he was getting out of
the facility, and made gestures of slashing his wrists.
26. Due to the threats made by Mr. Kauffman of self-harm, Country Meadows contacted the
crisis intervention counseling unit, who stated they would visit Mr. Kauffinan on
December 17, 2012, unless there was evidence that Mr. Kauffinan's mood declined
further.
27. In the past, Mr. Kauffman has made clear to the Petitioner, and other individuals, that if
he had access to a gun, he would "blow his brains out."
28.On December 17, 2012, Mr. Kauffman notified staff that he was having chest pains and
wished to visit the hospital.
29. Due to the statement made to the Petitioner the week prior, Petitioner became concerned
these "chest pains" were designed by Mr. Kauffman for the sole reason of leaving the
Dementia Unit, and not due to any emergency situation.
30. Because of Mr. Kauffman's dementia and mental state due to the Alzheimer's, Mr.
Kauffman has neglected medical bills that are due, including hospital visits and
medication, with some bills proceeding to collection.
31. With no Power of Attorney or Guardian to ensure bills are paid on Mr. Kauffman's
behalf, and Mr. Kauffman being unable to stay current with the numerous bills arriving, it
is believed that medical services could be cancelled or denied to Mr. Kauffman due to his
bills becoming delinquent or ignored.
32. Due to Mr. Kauffman's current intent to leave the Dementia Unit, and there being no
Power of Attorney to prevent an individual from visiting Mr. Kauffman with the intent of
taking him out of the unit, Petitioner believes, and therefore avers, that Mr. Kauffman is a
danger to himself, and without a Guardian, poses a risk to himself and others.
33. Further, Mr. Kauffinan's previous threats and continued intent to access his weapons,
poses a risk not only to Mr. Kauffman, but to those individuals he has made threats to
both direct and indirectly.
34. Nursing staff at Country Meadows have made numerous requests to Mr. Kauffman's
doctors to attempt to utilize medication interventions, but due to there being no Power of
Attorney or Guardian to act on Mr. Kauffinan's behalf, Country Meadows has received
no orders.
35. A Guardian is necessary to ensure that medications necessary to treat the recent pattern of
behavior, as well as to alleviate the behaviors, can be ordered for Mr. Kauffman to ensure
he no longer poses a risk of danger to himself or others.
36. Mr. Kauffinan's inability to accept assistance in completing daily tasks and life skills
from caregivers places his safety and well-being at jeopardy.
37. Mr. Kauffman continuously rejects assistance from caregivers with daily life skills
including grooming, exercise, and eating.
38. In the past two months, Mr. Kauffinan has developed bed sores on his buttocks, which
developed on or around October, 2012, due to his continued rejection of assistance from
staff.
39. Further, Mr. Kauffman has dangerously lost a total of eighteen (18) pounds, most
recently due to his refusal to eat or accept assistance from caregivers at Country
Meadows.
40. Mr. Kauffman's doctars, specifically his main doctor, Dr. Patrick Ratnasamy, has stated
due to the numerous medical conditions of Mr. Kauffinan, especially Alzheimer's, Mr.
Kauffman is unable to truly make reasonable decisions concerning his well being, his
money, and/or his property.
41. Due to there being no Power of Attorney or Guardian to assist Mr. Kauffman, Mr.
Kauffman is unable to be transported to other doctors as a result of his numerous medical
ailments, other than the care necessary of an emergency nature.
42. Without an individual to act as Mr. Kauffinan's Guardian, Mr. Kauffman will continue to
be unable to visit his doctors and receive the level of care necessary to treat both his
physical and mental conditions.
43. Mr. Kauffman's physical limitations are twenty percent (20%) heart function, atrial
fibrillation, enlarged heart, hearing impaired, walks with a cane, slow gate, and struggles
getting up and down.
44. Although Mr. Kauffman's physical limitations are numerous, his physical structure is
quite large and still has upper body strength that, if he so desired, could harm another
member of Country Meadows or himself.
45. Mr. Kauffinan's mental limitations are greatly diminished due to the progression of
Alzheimer's, which make it difficult for Mr. Kauffman to make normal life skill
decisions such as grooming, eating, and making reasonable decisions.
46. Unless a Guardian is appointed on Mr. Kauffman's behalf immediately, Mr. Kauffman
will be unable to receive the care necessary, and will be in danger of harm.
47. James Bryan, Executive Director of Connections Neighborhood and Patrick Conroy of
Country Meadows, have both provided correspondence of their professional opinion that
Mr. Kauffman requires an immediate Guardian. A true and correct copy of the
correspondence is attached as Exhibit "B."
48. Further, unless a Guardian is appointed to watch over his finances, it is believed Mr.
Kauffman will not be able to handle matters such as bills or other matters of finances and
property.
49. Mr. Kauffman's previous actions, attempting to sell his vehicle and taking other actions
in this regard, show that he is unable to reasonably manage his possessions, and the need
for a Guardian is necessary to act on his behalf.
50. Mr. Kauffman's primary physician believes that without immediate action that Mr.
Kauffman could potentially do self-inflict harm or hurt others that may be irreparable due
to his current condition.
51. Based on the above facts, the failure to make an appointment of a Guardian on behalf of
Mr. Kauffman will result in immediate irreparable harm to himself and possibly to others.
See 20 Pa.C.S. §5513.
52. Mr. Kauffman's well being and safety, and the safety of others, requires immediate action
by this Honorable Court.
53. Undersigned counsel has contacted Attorney Andrew C. Sheely, Esquire who represents
Mr. Kauffman, to seek his consent to this Emergency Petition. Attorney Sheely was
understanding of the need for the Petition, but being unable to contact his client, is unable
to concur with the motion.
WHEREFORE, the Petitioner, Barbara Murray, respectfully requests this Court to grant
Petitioner's Emergency Petition for Guardianship for Incapacitated Person for the reasons set
forth above, and enter an Emergency Order granting Barbara Murray plenary Guardian of
James E. Kauffman, specifically his person and his estate, until such time as this Honorable
Court holds a full hearing on the matter after the filing of a Petition for Guardianship per 20
Pa.C.S. §5512.
Date: ~ 2'~ I ~ Z
Res ectfull subm' d,
BY: ,r~
Th aw Off' s of Peter J. Russo, P.C.
Peter J. Russo, Esquire
Attorney I.D. No. 72897
~ Paul D. Edger, Esquire
Attorney I.D. No. 312713
5006 E. Trindle Road, Suite 203
Mechanicsburg, PA 17050
Telephone: (717) 591-1755
Attorneys for Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
JAMES E. KAUFFMAN,
Petitioner and Principal
v.
BARBARA HURRAY and
RICHARD SMITH, .
Respondents
ORPHANS' COURT DIVISION
NO. 2012-846
VERIFICATION
I, Barbara L. Murray verify that the statements made in the foregoing document(s) are
true and correct. I understand that false statements made herein are subject to the
penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.
Date: %Z ~ (~ ~~~~
Barbara L. Murray ~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
JAMES E. KAUFFMAN, .
Petitioner and Principal
v.
BARBARA HURRAY and
RICHARD SMITH, .
Respondents
ORPHANS' COURT DIVISION
NO. 2012-846
VERIFICATION
I, Barbara L. Murray, being familiar with the facts and circumstances in this matter and
on behalf of Richard Smith who is unable and unavailable to execute this verification
with an original signature because he resides in Silver Springs, Maryland, do hereby
verify that the statements made in the foregoing document(s) are true and correct. I
understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §
4904 relating to unsworn falsification to authorities.
Date: /v~ ~ O /a j~ ~~
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Barbara L. Murray
On behalf of Richard Smith
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Paul D. Edger, Esquire
Attorney I.D. No. 312713
Peter J. Russo, Esquire
Attorney I.D. No. 72897
5006 East Trindle Road, Suite 203
Mechanicsburg, PA 17050
Telephone: 717-591-175 5
Attorneys for Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN RE:
JAMES E. KAUFFMAN,
Respondent and Principal
v.
BARBARA MUI2RAY and
RICHARD SMITH,
Petitioners
ORPHANS' COURT DIVISION
NO. 2012-846
CERTIFICATE OF SERVICE
I, Derek M. Strouphauer, Paralegal, hereby certify that I am on this day serving a copy of
the foregoing Emergency Petition for Guardianship for Incapacitated Person upon the person and
in the manner indicated below and addressed as follows:
United States Regular Mail:
Andrew C. Sheely, Esquire
127 South Market Street
P.O. Box 95
Mechanicsburg, PA 17055
Date:
Exhibit "A"
IN RE: IN THE COURT OF COMMON PLEAS OF
JAMES E. KAUFFMAN CUMBERLAND COUNTY, PENNSYLVANIA
Petitioner and Principal .
BARBARA HURRAY and RICHARD : ORPHANS' COURT DIVISION
SMITH,
Respondents NO. 2012-846 ORPHANS' COU ''' ~~^
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IN RE : RETURN ASSETS '~'`' -~- ~ -~c ~_r?;
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ORDER OF COURT ~'' i -
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AND NOW, this 5th day of November, 2012, u ~ ~Cc; ~ ~~-=,~~~
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consideration of agreement of the parties, and after hav ng had ~ `n O
this matter been called to a hearing, it is hereby ordered as
follows:
1. All funds transferred from the Petitioner's
account at Members 1st Federal Credit Union by the Respondents to
Metro Bank shall be transferred and titled to the name of James E.
Kauffman in a separate account at Metro Bank owned by James E.
Kauffman on or before the close of business on November 9, 2012;
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2. Upon transfer, all funds titled in the name of
James E. Kauffman at Metro Bank shall be restricted to the use of
James E. Kauffman's medical, nursing,-short or long term care bills
incurred aL Country Meadows IvurSing j-jvii~~, v,~ uT+l~,• ~th~i won~~r ~r
adult care facility providing services for the benefit of James E.
Kauffman, absent further order of Court; and
3. Respondent shall make Petitioner's vehicle,
financial records, savings bonds, safe, and all other personal
property available to him for transfer to a secure facility or any
other residence of the Petitioner within a period of 45 days after
the date of this Order of Court.
4. All monies to be paid to Country Meadows Nursing
Home or any other senior or adult care facility providing services
for the benefit of James E. Kauffman shall be paid electronically
from Metro Bank directly to the adult care facility institution for
services rendered to or on behalf of James K. Kauffman.
5. Petitioner may withdraw no more than $750 per
month from his Members 1st Federal Credit Union accounts for his
own personal use.
6. Funds from the Metro Bank accounts shall not be
used for any other purpose other than provided for herein.
7. Petitioner must submit copies of his bank account
statements for the aforementioned Metro Bank and Members 1st
Federal Credit Union accounts to Respondents each month.
Petitioner must submit the copies to Respondents as provided for
herein no later than 10 days following his receipt in the mail of
the account statements or receipt on-line of his account
statements.
8. Any interested party may petition for a
modification of this Order of Court at any time for cause shown.
By the Court,
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c:nra.sty~,ee L. Peck, J .
Exhibit "B"
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12/19/2012
To Whom It May Concern:
It is the intent of this letter to illustrate the critical need for James Kauffman to have an
emergency guazdian put in place as soon as possible. Mr. Kauffman's Power of Attorney
revoked this designation on 12/10/12 at that time, Mr. Kauffinan ceased to have anyone
actively looking after him and he is not able to safely manage himself. Country
Meadows was not made aware of this revocation until the evening of 12/15/12. Mr.
Kauffman is not capable of caring for himself, or managing his financial concerns. Mr.
Kauffman has also displayed a continued commitment to exit the dementia unit where he
resides as well as continued threats to inflict harm upon a pazticulaz manager at Country
Meadows (Patrick Conroy). Mr. Kauffman has also displayed physical violence to Mr.
Conroy by way of attacking him with his cane. These behaviors have escalated since the
revocation of this Power of Attorney.
On 12/ 11 / 12 James verbally threatened to shoot Mr. Conroy with his guns when he
gained access to them.
On 12/13/12, James was visited by a friend, John B and this friend took James out of the
facility. This friend has stated to James that he will help him get his guns. Friends are
able to take residents out and without an active Power of Attorney or guardian to indicate
that this is not acceptable or safe for James, it can essentially continue. The motivation
for this outing was for James to gain access to his weapons, which aze housed at the
former Power of attorney's residence. James did not gain access and did not retrieve his
guns.
On 12/15/].2 James contacted a car dealer about selling his vehicle to pay for his funeral
expenses. When the dealership representative arrived at Country Meadows to take James
to the dealership, the POA was contacted (who at that time was no longer the POA) and
this outing was not permitted to occur. As a result of James not being able to go with the
caz dealer James was extremely upset. James attempted to attack Mr. Conroy with his
cane. James stated to the manager that "one way or another" he was getting out of the
facility and made awrist-slashing gesture with his hands. He would shortly thereafter
verbalize these threats of self-harm. At that time, crisis intervention counseling was
contacted and stated that they would be out to Country Meadows to see him on Monday,
unless his mood declined farther.
On 12/17/12 James complained on chest pains and told staff that he wanted to go to the
hospital. The week prior, James' step-daughter Barb (individual seeking guardianship)
was told by James that he intended on going to the hospital "next week."
These behaviors indicate a clear pattern of behavior that supports James' inability to keep
him self safe. He has no one at this time to tend to his pharmacy bills. He has no active
individual to ensure that he does not leave Country Meadows with friends that do not
have his best interest at heart -friends that have indicated a willingness to assist James in
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gaining access to weapons that he has openly communicated his intentions to use to shoot
a Country Meadows manager. This inability to keep himself safe extends to his inability
to accept assistance in completing his own daily living skills from caregivers. He will not
allow caregivers to help him with any grooming; James also refuses to accept invitations
to meals and as a result has lost 18 pounds.
James' doctor has been contacted by Country Meadows nursing to try to utilize
medication interventions but they have not received any orders. Should emergency
guardianship be implemented, the guardian can make decisions that will essentially allow
for a more understanding physician to dictate orders that will assist James in getting the
appropriate medication regimen and perhaps begin the process of regulating some of
James' more erratic and troubling behaviors.
Please consider the urgency of James' need to have a guardian oversee his care. The
pattern of events that have occurred since the Power of Attorney was revoked only
further illustrates the need for James to have a guardian as soon as possible due to the
increased frequency and severity of his behaviors.
Thank You for your consideration,
James Bryan ~_
Executive Director -Connections Neighborhood
Et. Al
~ Barbara Murray (step-dau er)
Patrick Conroy (Country Meadows Manager)