HomeMy WebLinkAbout12-03-13 IN RE: DIANA L. FENTON PATE : IN THE COURT OF COMMON PLEAS
An alleged incapacitated person : OF THE NINTH JUDIC1AL DISTR&-T rn
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: CUMBERLAND COUNT,=A' o Cn
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On the Petition of THOMAS P. PATE " ; ... r= m
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MOTION FOR CONTINUANCE
AND NOW, this 26`h day of November, 2013, comes Petitioner, Thomas P. Pate, by and
through his attorney, Linda J. Olsen, Esquire, and files the within Motion for Continuance of the
hearing scheduled for 3:00 p.m. on Wednesday,November 27, 2013 in Courtroom No. 6,
Cumberland County Courthouse, Carlisle, Pennsylvania, and in support thereof avers as follows:
1. On September 23, 2013, Petitioner filed a Petition for Appointment of Guardian
of the Person and Estate of an Alleged Incapacitated Person with this Honorable Court.
2. On October 16, 2013, this Honorable Court issued a Citation upon the alleged
incapacitated person, Diana L. Fenton Pate, to appear at a hearing to tell the Court why it should
not find her to be an incapacitated Person and to appoint a Guardian to act on her behalf. A true
and correct copy of the Citation is attached hereto as Exhibit"A."
3. On October 16, 2013, this Honorable Court appointed Lisa M. Coyne, Esquire, as
Guardian ad litem for Diana L. Fenton Pate, with compensation to be provided pursuant to 20 Pa.
C.S. § 5511(c). A true and correct copy of the Order of Court is attached hereto as Exhibit `B."
4. On October 30, 2013, Linda J. Olsen, Esquire, personally served a copy of the
foregoing Petition upon Diana L. Fenton Page by reading and explaining the contents of the
Petition to the alleged incapacitated person, to the maximum extent possible, in language and
terms she was likely to understand. A true and correct copy of the time-stamped Proof of
Service is attached hereto as Exhibit "C."
5. Counsel for Petitioner sought written medical depositions from Diana L. Fenton
Pate's primary physician, Dr. Charles L. Lowe, M.D., Silver Creek Family Health Center, 310
Lambs Gap Road, Mechanicsburg, Pennsylvania.
6. Dr. Lowe declined to prepare a written deposition because he had not seen the
alleged incapacitated person for several years.
7. Diana L. Fenton Pate is currently under the care of Gentiva Hospice and is seen
primarily by Nurse Practitioner, Mary Ann Clement,under the supervision of Namrata Haldipur
M.D.
8. Petitioner requested a written deposition from Namrata Haldipur, M.D. and Mary
Ann Clement, Nurse Practitioner, on November 14, 2013.
9. On or about November 18, 2013, Nurse Practitioner, Mary Ann Clement,
informed counsel for Petitioner that she declined to complete a written deposition because she
was not statutorily authorized to render a medical opinion as to incapacity.
10. On November 18, 2013, Namrata Haldipur, M.D. faxed her verified written
deposition to counsel for Petitioner; however, counsel for Petitioner has not yet received the
original documents from Dr. Haldipur. A copy of Dr. Haldipur's written deposition is attached
hereto as Exhibit "D."
11. Dr. Haldipur failed to complete question 3 on the written deposition.
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12. The office of Dr. Charles L. Lowe, M.D. informed counsel for Petitioner that
Diana L. Fenton Pate had been referred for neurology and neuropsychology consults to Dr.
Maria Michalek, M.D. and Dr. Paul Eslinger, M.D. between 2006 and 2010.
13. In an attempt to obtain a written deposition from the physician who diagnosed
Diana L. Fenton Pate's frontal temporal dementia, on November 25, 2013, counsel for Petitioner
contacted Dr. Maria Michalek, M.D. at the Neurology Center, 897 Poplar Church Road, Camp
Hill, Pennsylvania and Dr. Paul Eslinger, of the Hershey Medical Center Neuropsychology
Center, Hershey, PA to request that they each complete a written deposition.
14. It is Petitioner's belief that neither Dr. Michalek nor Dr. Eslinger has seen or
cared for Diana L. Fenton Pate for several years.
15. It is extremely unlikely that either Dr. Michalek or Dr. Eslinger will be able to
complete and submit written depositions to this Honorable Court prior to the hearing scheduled
for Wednesday, November 27, 2013 at 3:00 p.m.
16. It is also extremely unlikely that either Dr. Michalek or Dr. Eslinger will be
available to testify in person or telephonically at the hearing scheduled for November 27, 2013 at
3:00 p.m.
17. In order to give Dr. Michalek and Dr. Eslinger sufficient time to review medical
records and prepare written depositions attesting to the diagnosis of frontal temporal dementia,
the cause of Diana L. Fenton Pate's incapacity, counsel for Petitioner is seeking a continuance of
the hearing scheduled for November 27, 2013 at 3:00 p.m.
18. Counsel for Petitioner has sent a copy of this Motion for Continuance to Lisa M.
Coyne, Esquire seeking her concurrence in the filing of this Motion.
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19. Lisa M. Coyne, Esquire, concurs and joins in the filing of the within Motion for
Continuance.
WHEREFORE, Petitioner respectfully requests that this Honorable Court cancel the
hearing scheduled for Wednesday, November 27, 2013 at 3:00 p.m. to a date after January 13,
2014.
Respectfully submitted,
Linda J. Olsen, Esquire
PA I.D. No. 92858
Hazen Elder Law
2000 Linglestown Road, Suite 202
Harrisburg, PA 17110
(717) 540-4332
lolsenna,hazenel derlaw.com
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IN RE: DIANA L. FENTON PATE IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
An Alleged Incapacitated Person ORPHANS' COURT DIVISION
NO. 21-13-1022
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the Court to have you declared an Incapacitated Person. If the
Court finds you to be an Incapacitated Person, your rights will be affected, including your right to
manage money and property and to make decisions. A copy of the petition which has been filed by
THOMAS P. PATE BY AND THROUGH HIS ATTORNEY LINDA J OLSON ESOUIRE is
attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. 6, Cumberland
County Courthouse, Carlisle, Pennsylvania, on NOVEMBER 27TH 2013, at 3:00 PM. to tell the
Court why it should not find you to be an incapacitated Person and appoint a Guardian to act on your
behalf.
To be an incapacitated Person means that you are not able to receive and
effectively evaluate information and communicate decisions and that you are unable to
manage your money and/or other property, or to make necessary decisions about where
you will live, what medical care you will get, or how your money will be spent.
At the hearing, you have the right to appear, to be represented by an attorney, and
to request a jury trial. If you do not have an attorney, you have the right to request the
Court to appoint an attorney to represent you and to have the attorney's fees paid for you
if you cannot afford to pay them yourself. You also have the right to request that the
Court order that an independent evaluation as to your alleged incapacity.
If the Court decides that you are an Incapacitated person, the Court may appoint a
Guardian for you, based on the nature of any condition or disability and your capacity to
make and communicate decisions. The Guardian will be of your person and/or your
money and other property and will have either limited or full powers to act for you.
If the court finds you are totally incapacitated, your legal rights will be affected
and you will not be able to make a contract or gift of your money or other property. If
the court finds that you are partially incapacitated, your legal rights will also be limited as
directed by the Court.
If you do not appear at the hearing (either in person or by an attorney representing you)
the court will still hold the hearing in your absence and may appoint the Guardian requested.
Date:10/16/13 By/� �tIXJTiL.c�a
Clerk, Orphans' Court Division
Cumberland County, Carlisle, PA
My Commission Expires I't Monday,
January, 2014
IN RE: DIANA L. FENTON PATE,
An Alleged Incapacitated Personr1Lhp
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
W <�
-+ - ORPHANS' COURT DIVISION
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L r:y 21-2013-1022
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It�l�E::f'E3Il`ION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND
' = ,_t:�,"STATE OF AN ALLEGED INCAPACITATED PERSON
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w ORDER OF COURT
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AND NOW, this 151h day of October 2013, upon review of the Petition for
Appointment of Guardian of the Person and Estate of an Alleged Incapacitated Person,
the Court appoints Lisa M. Coyne, Esquire, as Guardian ad litem for Diana L. Fenton
Pate, with compensation to be provided pursuant to 20 Pa.C.S. § 5511(c).
It is hereby ORDERED and DIRECTED that a hearing is scheduled for
27 November 2013 at 3:00 p.m. in Courtroom Number Six of the Cumberland County
Courthouse, Carlisle, Pennsylvania. A CITATION is issued upon Diana L. Fenton Pate
to show reason, if any, why she should not be adjudicated an incapacitated person and
why a successor guardian should not be appointed. Written notice of the petition and
hearing in large type and in simple language shall be given to Diana L. Fenton Pate no
less than twenty (20) days prior to the hearing in accordance with 20 P.S. 5511(a).
Furthermore, the alleged incapacitated person shall be in attendance at the
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hearing unless it can be established by her physician that her mental or physical
condition would be harmed by her presence at the hearing. This may be established in
the form of written interrogatories.
IN RE: DIANA L. FENTON PATE : IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
An alleged incapacitated person : NO. 21-2013-1022
On the Petition of THOMAS P. PATE
PROOF OF SERVICE OF CITATION
1, Linda-!. Olsen, Esquire, attorney for Petitioner, hereby certify thai service of'a.
copy of the Citation and Petition, a copy of which is attached, was made on Diana L.
Fenton Pate, by having a copy of it read to her, as well as hand delivering a copy to her
on October 30, 2013 at 4:00 p.m. at her residence, 5034 Erbs Bridge Road,
Mechanicsburg, Pennsylvania I7050. The Petition and Citation were read and explained
to the alleged incapacitated person, to the maximum extent possible, in language and
terms she was likely to understand.
Respectfully Submitted,"
HAZEN ELDER LAW
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Date By: -Li da J. Olsetf Esquire
o cn .mot Attorney for Petitioner
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PA ID No. 92858
o 2000 Linglestown Road, Suite 202
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IN RE:DIANA L. FENTON PATE :IN THE COURT OF COMMON PLEAS t'
: OF CUMBERLAND COUNTY,
:PENNSYLVANIA
: ORPHANS' COURT DIVISION
An alleged incapacitated person :NO, 21-2013-1022
On the Petition of THOMAS P.PATE
DEPOSITION OF I D DUAL QUALIFIEn T DE I2 OPINION AS TO
INCAPACITATION
:
This written deposition of Dr.Namrata Haldipur,MA, a witness in this matter,is taken on 5
the a day of =Y_eM, & at- emm t4-;j1
Pennsylvania,
I. Please state your name and your professional address.
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2. Please describe your education,training and background with particular emphasis oa your expertise in
evaluation of individuals with incapacities OR attach to this written deposition your curriculum vitae.
3. In your professional capacity,have you had the opportunity to meet with, examine,speak with
and otherwise become acquainted with DIANA L.FENTON PATE?
If yes,please•state the following:
I first became acquainted with DIANA L.FENTON PATE on
when she was brought to my attention by
I have since(visited,spoken,with,examined or treated)her on _other
(circle applicable contacts)
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occasions with an average frequency of times per
{day!weeklmanthlycar).
4. Please evaluate the present condition of this patient with respect to incapacifies of the type alleged in
the Petition for Adjudication of Incapacity. In particular,please comment on the nature and extent of the
alleged ihcapaoWes and disabilities and also,insofar as you are able,her mental,emotional and physical
condition,adaptive behavior, and social skills.
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Based upon my ed�tian,trantin experience,as well as ray acquaintance with this patient,it is my
opinion,to a reasonable degree of medical certainty that hi!Yher incapacities are as follows:
Mental condition
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tmotionai condition
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Physical condition
Adaptive behavior
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7. If you are of the opinion that she is impaired in her ability to eticotively receive and
evaluate information and make and communicate decisions its any way,does such impairment sender
her either partially or totally unable to meet the essential requirements for his/her physical
health and safety?
If yes,cheek whether such impairment renders her:
Partially unable to meet essential requirements for her physical health and safety.
Totally unable to Meru:essential requirements for her physical health and safety.
Please explain your opinion-
S. Please provide an assessment of the severity of any impairments of this patient,
airm€ftt (Circle one)
a) QA-+tr$ 4 mild moderate vere j
b) p ny� mild moderate eva e 1
C) mild moderate ere
d) mild moderate severe
e) mild moderate severe
0 mild moderate severe
9) mild moderate severe
h) mild moderate severe
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9. Is the condition of this patient such that becausc of ber condition,sbe would be susceptible to undue
in#Iuenc,e by unscrupulous or designing persons?
If so,what sw ices or assistance would you recommend as necessary to appropriate management of this
patient's finances?
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Ill. Wbat nnicces or assistance would you recommend as necessaryto meeting the health and safety
needs of this patient? l p`- _ U6
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1 i. Are the Services or assistance recommended the least restrictive alternatives?
Does the patient need the services of the guardian to evaluate,communicate and make decisions regarding �
the patient's healthcare,safety and financial resources?
If yes,please explain why less restrictive alternatives are inappropriate.
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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 chap_ge?
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13. Would the physical or mental condition of this patient be harmed by her presence in open
court? NOTE: Pennsylvania law,20 Pa.C•S, 5 5511(a)(]),requires that the alleged incapacitated person
be present at the hearing unless a physician or licensed psychologist provides by testimony or 9wom
Statement, an opinion that her physical or mental condition would be harmed by her presence in court. If
yes, please explain.
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VERNICA TION
I, Dr.Namrata Haldipur, M.D., verify that the statements made in the foregoing deposition are true
and correct to the best of my knowledge,information and belief. 1 understand that the statements herein
are subject to the penalties of IS Pa.C.S. § 4404 relating to unswom falsification to authorities.
Signature of Deponent
Dated: r
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