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INDEX TO WITNESSES
FOR PETITIONER
DIRECT CROSS REDIRECT RECROSS
Dr. Greg Robert Ehgartner 7
By the Court 10
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1 THE COURT: This is the time and place for a
2 hearing on a petition for the appointment of an emergency
3 guardian of the person of William Jumper, an alleged
4 incapacitated person, filed at No. 21-05-0147 in the
5 Orphans' Court. We will let the record indicate that the
6 Petitioner's counsel, Michael B. Volk, Esquire, is present
7 in court, as is the court-appointed counsel for the
8 allegedly incapacitated person, James D. Flower, Jr.,
9 Esquire. The Court wishes to thank Mr. Flower for being
10 available for this appointment on short notice.
11 The allegedly incapacitated person, William
12 Jumper, is not present in court, and I assume, Mr. Volk,
13 that you will have a physician who is able to testify that
14 his appearance would be impossible at this time; is that
15 correct?
16 MR. VOLK: Yes, sir, that is correct.
17 THE COURT: All right. And, Mr. Flower, I
18 believe you have had an opportunity to speak by telephone as
19 best you could with Mr. Jumper, and have also attempted,
20 unsuccessfully, to reach the person whom he designated as a
21 contact person on his application for admission to the
22 institution where he is residing, and which is the
23 Petitioner in this case; is that correct?
24 MR. FLOWER: That's correct, Your Honor.
25 THE COURT: All right. And when you
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1 attempted to reach that person, whose name I believe is
2 Helen Kocher, K-o-c-h-e-r, my understanding is that you
3 reached an answering machine; is that right?
4 MR. FLOWER: That is correct, Your Honor.
5 THE COURT: All right. Very good. Are
6 counsel ready to proceed?
7 MR. VOLK: Yes.
8 MR. FLOWER: Yes, Your Honor.
9 THE COURT: All right. Mr. Volk.
10 MR. VOLK: Yes, Slr. Judge, William Jumper
11 is a gentleman of about 86 years old. He was born on March
12 9th, 1918, and he's currently residing at Beverly
13 Healthcare's Camp Hill location. After some investigation,
14 we have determined that the only heirs or other family that
15 Mr. Jumper has is an estranged wife, Thelma Jumper, whose
16 last known address is 2109 Cedar Run Drive in Camp Hill, and
17 a daughter by the name of Andrea Beayen, B-e-a-y-e-n, who we
18 could not locate, and an interested party -- I don't know if
19 this is a paramour or a family friend or what, but a Helen
20 Kocher who resides at 1051 Allendale Road in Mechanicsburg.
21 Now, Mr. Jumper was admitted to Beverly
22 Healthcare's Camp Hill location on October 12th, 2004,
23 because he had fallen and broken his pelvis.
24 THE COURT: All this information will have to
25 be brought out through a witness. You can ask the person
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1 you call whether he can verify the contents of the petition
2 in a general way.
3 MR. VOLK: Okay. Would you like me to
4 continue or would you like me to
5 THE COURT: No, no. I think we have to get
6 these things on the record through a witness.
7 MR. VOLK: Sure. Mr. Jumper had fallen and
8 broken his pelvis. He has diabetes, hypertension, which is
9 a sort of heart -- a type of heart disability, and dementia.
10 THE COURT: Well, again, that may be, but I
11 think you need to have that presented by a witness.
12 MR. VOLK: I will certainly have the doctor
13 bring that out. Mr. Jumper was a member of the armed
14 forces, and he's currently not receiving any sort of VA
15 benefits.
16 THE COURT: Whom do you propose to call as a
17 witness?
18 MR. VOLK: I would like to call
19 Dr. Ehgartner, E-h-g-a-r-t-n-e-r.
20 THE COURT: All right.
21 MR. VOLK: He's a physician with Susquehanna
22 Internal Medicine in Camp Hill, and he can testify to some
23 of the things I had mentioned, and for the need for this
24 emergency guardianship.
25 THE COURT: All right. And do you want him
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1 to testify by telephone?
2 MR. VOLK: Yes, sir, I would like very much
3 for him to testify by telephone.
4 THE COURT: Mr. Flower, do you have any
5 objection to his testifying by telephone?
6 MR. FLOWER: None, Your Honor.
7 THE COURT: All right.
8 MR. VOLK: Okay. Allow me, please, Judge,
9 just one more thing. The reason we're seeking this
10 guardianship is that Mr. Jumper's in need of immediate
11 surgery. He has a kidney obstruction, and he will likely
12 need a feeding tube inserted. Without that he might have a
13 premature demise.
14 THE COURT: Again, that may be, but I'll need
15 to hear that from a doctor.
16 MR. VOLK: Okay.
17 (A phone call was placed to Dr. Ehgartner.)
18 MR. VOLK: Hello, Doctor. This is Michael
19 Volk. I have you here in the courtroom, and I have Judge
20 Oler over here in Carlisle, he's in here with us, and
21 Mr. Flower. He's the attorney who is appointed to look out
22 for Mr. Jumper's interests for this afternoon.
23 DR. EHGARTNER: Right.
24 MR. VOLK: And I just have a few questions
25 for you.
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THE COURT: Wait. Let me swear the doctor
in. This is Judge Oler, Doctor. Thank you for being
available on short notice. Would you raise your right hand,
please? Do you swear or affirm that the statements you give
today will be the truth, the whole truth, and nothing but
the truth, so help you, God?
THE WITNESS: Yes, I do.
THE COURT: Thank you.
Whereupon,
DR. GREG ROBERT EHGARTNER
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. VOLK:
Q
Dr. Ehgartner, could you give
for the
Court, could you give your full name, please?
A Yes. Greg Robert Ehgartner.
Q And are you a physician duly licensed to
practice in Pennsylvania?
A Yes, I am.
Q And would you be kind enough to give us your
business address, sir?
A It is 890 Poplar Church Road, Camp Hill,
Pennsylvania.
Q And what lS your speciality, sir?
A Internal medicine.
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Q And in the course of your practice, have you
had a chance to meet with Mr. William Jumper?
A Yes, sir. I saw him today.
Q And is Mr. Jumper ill enough or In a poor
enough condition that he could not be in this courtroom
today?
A Absolutely.
Q And in non-technical terms that we all can
understand, could you tell us what ails Mr. Jumper, sir?
A Well, his acute medical problem is that of an
obstructed kidney. His kidney is becoming less functional
due to obstruction. Other than that, he also has a severe
infection in his bloodstream related to that kidney problem.
Q Is there anything else that he would need
while he's at the hospital at Holy Spirit?
A Well, also, unfortunately, he suffers from
dementia, and he has a component of malnutrition.
It's not
been established yet, but he well may need a feeding
gastrostomy tube.
Q I see. And I understand that he's on a
variety of medicines?
A Yes, he is.
Q Cipro?
A Yes.
Q He takes insulin?
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A Yes.
Q A number of drugs that I can't -- that I hate
to admit that I simply can't pronounce?
A A number of antibiotics presently.
Q And what would you how would you
characterize Mr. Jumper's ability to communicate?
A He has no ability to communicate. None.
Q None?
A None.
Q What would you -- how would you characterize
his ability to receive and process information?
A I suspect that he cannot understand what
we're saying whatsoever.
Q Whatsoever. And is he capable of doing any
of those of these sorts of independent functions of life,
such as moving around his room or eating or grooming himself
or taking a shower? Is he able to do those sorts of actions
himself?
A None whatsoever.
Q Okay. So is it fair to say that he's unable
to interact socially on a meaningful level with anyone right
now?
A Yes, sir, that is correct.
Q And generally -- would it be fair to say that
he generally does not comprehend the surroundings he's in?
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A Yes, sir, that is correct.
Q And would you say -- would it be fair to say,
Doctor, that if we asked him to grant his approval to do a
medical procedure to fix this obstructed kidney and deal
with these problems, that he wouldn't be able to comprehend
what we were saying?
A That is correct.
MR. VOLK: Okay. Well, I have no further
questions for you, but the Judge has some questions for you,
sir.
BY THE COURT:
Q Doctor, just very briefly, I assume you've
seen the petition, and I know you filed an affidavit in this
case. Are the facts contained in the petition true and
correct, and are all of the facts in your affidavit true and
correct?
A Yes, sir.
Q All right. And do you have an opinion to a
reasonable degree of medical certainty as to whether, as a
consequence of dementia, Mr. Jumper's ability to receive and
evaluate information effectively and communicate decisions
is impaired to such a significant extent that he is totally
unable to meet essential requirements for his physical
health and safety? Do you have an opinion on that point?
Without telling me what it is, do you have an opinion?
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A Yes, sir. Mr. Jumper is not able to function
in any capacity at present, and we don't expect that he
would be in the foreseeable future.
Q So your opinion to a reasonable degree of
medical certainty is that as a consequence of his dementia,
his ability to receive and evaluate information effectively
and communicate decisions is impaired to such a significant
extent that he is totally unable to meet essential
requirements for his physical health and safety?
A Yes, sir, that is correct.
Q All right. And do you have an opinion to a
reasonable degree of medical certainty as to whether a
failure to appoint an emergency guardian of his person will
result in irreparable harm to his person based upon his need
for immediate surgery? Do you have an opinion on that
point?
A Yes, I do.
Q And what is that opinion?
A That these procedures should be proceeded
with. Otherwise, his health will be endangered.
Q All right. And I gather from that you are
saying that in your opinion his symptoms have reached a
point that a failure to appoint a guardian of his person on
an emergency basis will result in irreparable harm to his
person due to his need for immediate surgery?
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A Yes, sir, that is correct.
THE COURT: Very good. Mr. Flower, do you
have any questions of the Doctor?
MR. FLOWER: No questions, Your Honor.
THE COURT: All right. And I think the only
other question I have to ask you, Doctor, is whether you
have an opinion to a reasonable degree of medical certainty
that because of his physical and/or mental condition his
welfare would not be promoted by his presence at the hearing
this afternoon. Do you have an opinion on that point?
THE WITNESS: Yes, I do.
THE COURT: And what is that opinion?
THE WITNESS: I think if we were to try to
bring Mr. Jumper there, I think it would be an adverse
situation with his health.
THE COURT: All right. And therefore his
welfare would not be promoted by his presence at this time?
THE WITNESS: Yes, sir.
THE COURT: Very good. Are there any other
questions by counsel?
MR. VOLK: No, sir.
MR. FLOWER: No, Your Honor.
THE COURT: All right. Again, Doctor, thank
you very much for taking time from your schedule to be with
us this afternoon, and you are excused.
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8 I was able to reach Mr. Jumper prior to the hearing. He is
9 in restraints. The nurse indicated that if he were not in
10 restraints he would be removing the tubes from his body.
11 She held the phone to his head and we were able to converse.
12 I asked him his name, and he knew his name. I asked him his
13 age. He thought his age was 81. We repeated that a couple
14 of times so that I could be sure, and he does think he's
15 five years younger than he is.
16 I asked if he knew what was wrong with him,
17 and he didn't know what was wrong with him. It was very
18 difficult for him to -- for me to communicate with him, and
19 it does appear that he would be disoriented to the extent
20 that he would not be able to communicate his wishes.
21 THE COURT: Do you have a position on his
22 behalf with respect to this petition for appointment of an
23 emergency guardian of his person?
24 MR. FLOWER: Based upon the testimony of the
25 Doctor and my conversation with him, I believe it is In his
THE WITNESS: Thank you.
MR. VOLK: Thank you, sir.
THE COURT: Mr. Flower. First, Mr. Volk,
does that conclude your presentation?
MR. VOLK: Yes, sir, it does.
THE COURT: All right. And Mr. Flower.
MR. FLOWER: Your Honor, I should report that
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1 -- I believe that the petition is made out, and that the
2 relief sought should be granted.
3
THE COURT: All right. If there's nothing
4 further, we will enter this opinion and order:
5
IN RE: PETITION FOR APPOINTMENT OF EMERGENCY GUARDIAN
OF THE PERSON
6
7 BEFORE OLER, J.
8 OPINION and ORDER OF COURT
9 OLER, J., February 11, 2005.
10 At issue in the present case is whether William Jumper
11 should be adjudicated an incapacitated person on an
12 emergency basis and, if so, whether Faith, Hope and Love
13 Guardian Services, Inc., of 123 North 13th Street,
14 Harrisburg, Dauphin County, Pennsylvania, 17103, should be
15 appointed emergency guardian of his person. A hearing was
16 held in this matter on February 11, 2005. The allegedly
17 incapacitated person was not present, the Court finding that
18 his welfare in terms of his physical and mental condition
19 would not be promoted by his presence and would, in fact, be
20 adversely affected to a substantial degree. The allegedly
21 incapacitated person was represented by his court-appointed
22 counsel, James D. Flower, Jr., Esquire.
23 Based upon the evidence presented at the hearing, the
24 following Findings of Fact, Discussion and Order of Court
25 are made and entered:
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FINDINGS OF FACT
1. The allegedly incapacitated person is William
Jumper, a domiciliary of Cumberland County, Pennsylvania,
born March 9, 1918, and residing at Beverly HealthCare -
Camp Hill, Cumberland County, Pennsylvania, 17011.
2. Petitioner is Beverly HealthCare - Camp Hill.
3. Mr. Jumper suffers from a number of serious
ailments, including dementia.
4. This latter condition has progressed to the point
that Mr. Jumper's ability to receive and evaluate
information effectively and communicate decisions lS
impaired to such a significant extent that he is totally
unable to meet essential requirements for his physical
health and safety.
5. There is no indication at the present time that
Mr. Jumper's mental condition will improve.
6. Unfortunately, Mr. Jumper is in need of immediate
surgery as a result of a kidney obstruction problem which is
life-threatening.
7. The aforesaid mental and physical condition of the
allegedly incapacitated person has resulted in a situation
where he is in need of a guardian of his person on an
emergency basis for purposes of making medical decisions and
where a failure to appoint such a guardian will result in
irreparable harm to his person.
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8. The duration of the necessary guardianship of the
2 person shall be as long as permitted by law, but, because
3 the guardianship has been requested on an emergency basis,
4 by statute it may not extend beyond 72 hours in the absence
5 of further Order of Court (and in no event may continue for
6 more than 20 days thereafter) .
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9. The foregoing Findings of Fact are made on the
8 basis of clear and convincing evidence.
9 DISCUSSION
10 Under Pennsylvania law, an emergency guardian of the
11 person may be appointed in the case of a person alleged to
12 be incapacitated "when it appears that the person lacks
13 capacity, [the person] is in need of a guardian [,] and a
14 failure to make such appointment will result in irreparable
15 harm to the person... ." Act of June 30, 1972, P.L. 508,
16 Section 2, as amended, 20 Pa. C.S. Section 5513
17 (Supp. 2004).
18 An "incapacitated person" means
19 an adult whose ability to receive and evaluate
information effectively and communicate decisions
20 in any way is impaired to such a significant
extent that he is partially or totally unable
21 to... meet essential requirements for his
physical health and safety.
22
23 ID. Section 5501.
24 Proof in such a case must be by clear and convincing
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evidence.
Id. Section 5511(a), 5513.
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1 In the present case, Petitioner has demonstrated by
2 clear and convincing evidence that an emergency adjudication
3 of incapacity and appointment of a guardian of the person
4 for purposes of medical decisions are appropriate. For this
5 reason, the following order will be entered:
6 ORDER OF COURT
7 AND NOW, this 11th day of February, 2005, upon
8 consideration of Petitioner's petition for appointment of
9 emergency guardian of the person, and following a hearing,
10 it is ordered, adjudged and decreed as follows:
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1. William Jumper is adjudicated an incapacitated
12 person on an emergency basis.
13
2. Faith, Hope and Love Guardianship Services, Inc.,
14 is appointed emergency guardian of Mr. Jumper's person for
15 purposes of making medical decisions only on his behalf,
16 including medical decisions to authorize surgery and any
17 associated treatment and care.
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3. This guardianship of the person shall extend for a
19 period of 72 hours, subject to the guardian's right to apply
20 for an extension of 20 additional days.
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4. No bond shall be required of the guardian ln this
22 case.
23 By the Court,
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Sf J. Wesley Oler, Jr.,
J. Wesley Oler, Jr., J.
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1 THE COURT: Mr. Flower and Mr. Volk, lS that
2 order and opinion satisfactory to both of you?
3 MR. VOLK: Yes, sir.
4 MR. FLOWER: Yes, Your Honor.
5 THE COURT: Okay. Court is adjourned.
6 (Whereupon, the proceedings concluded.)
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause, and that this is a correct transcript of
same.
~eA~
Official Court Reporter
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
~ 0'> " \ 2.l ~C> os.
Date f
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