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Home My WebLink About07-24-15 �v n o .-_a � IN THE INTEREST OF: : IN THE COURT OF COMMOI�'�AS O� �; Q MARILYN L. MEEKS : CUMBERLAND COUNTY, P�I�,V�IA�.� ==y r> r— N _� c� __ :.,:, �-r� � ,....1 r'i � �' �,"'a .. .�;� C..:) An Alleged Incapacitated Person :No. 21-2015-0751 : c-, " ' .� � ��, _�E�� . T�; -�, : ORPHAN'S COURT DIVISION _:; o � rn Judge: Christylee L. Peck - r..r"., � � ATTORNEY FOR THE PETITIONER'S RESPONSE TO POST-HEARING EMAILS FROM THE ATTORNEY FOR THE ALLEGED INCAPACITATED PERSON Attached are three emails from Grace D'Alo,Esq., court-appointed counsel for the Alleged Incapacitated Person, which were sent to Ruth Coulson and the undersigned, David D.Nesbit of Keystone Elder Law P.C., as counsel for the Petitioner. Also attached are Nesbit's two email responses. Under the circumstances, this is presented in lieu of further email. The Petitioner was not entirely pleased with the Order as dictated on July 22 by the Honorable Judge; however,the Petitioner recognizes that the Order satisfies two primary objectives: 1) That the Alleged Incapacitated Person may not be withdrawn from the secure and safe environment of Country Meadows without 24 x 7 care (which the Order as dictated would require of Yvonne August, as she pledged in Court to provide personally); and 2) That the Alleged Incapacitated Person may not be removed from the jurisdiction of Pennsylvania, except for a medical appointment at John Hopkins,until the instant matter regarding the welfare of the Alleged Incapacitated Person is resolved by the Court. Attorney D'Alo's emails have caused several concerns for the Petitioner, with whom I spoke on the evening of Thursday July 23, 2015: 1) The Honorable Judge did not say"mid-September,"but rather"September 18�`." The Petitioner and the undersigned attorney have cleared their calendars for that day. The Petitioner will be on vacation from August 22 through August 30, and his undersigned attorney will be out-of-state from September 21 through October 2. 2) Dr. Dash of Johns Hopkins not being available until late September is unfortunate. The Petitioner disagrees that this should require a trip to Florida because: a. The Petitioner is aware that the Alleged Incapacitated Person has an historical relationship and preference for the care of Hershey Medical Center,which has a Neuroscience Institute with ten to twenty physicians on staff, including specialists in Dementia and Cerebrovascular Diseases. b. The Petitioner is concerned that the the Alleged Incapacitated Person suffers from lymphedema and therefore has been advised to avoid air travel. � � �Ili i''Tf II'711f ' c. The Petitioner is concerned that the Alleged Incapacitated Person would be at a heightened risk of falling in the townhouse leased by Yvonne August in Jacksonville, Florida, in part because it is a two-story structure, and in part because two pit bull dogs reside there with Yvonne August's daughter. 3) The Petitioner disputes Attorney D'Alo's characterization of the Country Meadows experience in the 2°d paragraph of her first email, and observes that passing by Country Meadows is not essential for entry to the home of the Alleged Incapacitated Person. 4) Due to prior confusion between between Attorney D'Alo and the undersigned, including not receiving notice of her July 6 appoinhnent as counsel until July 10,not receiving discovery of potential exhibits as requested,her stated intention to submit a complaint against the undersigned attorney to the Disciplinary Board, and some uncertainty about the attached emails of July 23,this formal response is offered. For reasons as above stated,the Petitioner would prefer that the Honorable Judge issue the Order as dictated in the Court on July 22. Given the availability of nationally accredited medical providers in Pittsburgh, Philadelphia, Baltimore, Washington, Hershey and probably otherwise within a 3%2 hour car trip of Mechanicsburg,the Petitioner would understand if, in lieu of Dr. Dash who had been named specifically, a reference to"any"Neurologist within such a radius who is credentialed in Dementia and Cerebrovascular Diseases would seem fair and reasonable. Otherwise, if the Honorable Judge is considering revising the dictated Order,the Petitioner would request respectfully that consideration be given to these issues: 1) Should the"24 x 7 care"provided by Yvonne August disregard the current medical prescriptions as seems to be what is intended according to paragraph 2 of Attorney D'Alo's first email?The Petitioner has become aware that Dr. Kathleen Sempeles did attempt to answer Attorney D'Alo's questions to explain Mrs. Meek's diagnosis and care needs when Attorney D'Alo called Dr. Sempeles on the day prior to the Hearing. 2) Is it permitted for Yvonne August to facilitate the Alleged Incapacitated Person to revise her estate planning documents prior to the final order of the Honorable Judge which results from the September 18th Hearing? Her current documents were revised with Yvonne's assistance two years ago. Otherwise, the Petitioner has instructed Counhy Meadows to cooperate fully with Yvonne August pending the September 18�'Hearing. Respectfully s ' ed, ��,,,/� � ,, KEYSTONE ELDER LAW P.C. By: David D.Nesbit, Esq. ,,,��I��i��i��1�� ° A copy of this Response sha11 be provided to the following Parties In Interest by by personal service,registered mail or certified mail: Gregory T. Meeks (son, Petitioner) Yvonne M. August(daughter) 6427 Ryan Avenue 12311 Kensington Lakes Drive# 1003 Hanover, Maryland 21076 Jacksonville, Florida 32246 Michelle Meeks (daughter) Country Meadows 508 Skylark Lane C/o Amanda Bobb Dresher, Pennsylvania 19025 4905 East Trindle Road Mechanicsburg, Pennsylvania 17050 Keystone Elder Law P.C. 555 Gettysburg Pike STE C100 Grace D'Alo, Esq. Mechanicsburg,PA 17055 530 Greason Road Carlisle,PA 17015 �iir r�,��rT��r , - �i�S E �rrn Ccc� �C.'-C��V�e t� �� -�dr,�, l�f��0 Dave Nesbit � From: Grace D'Alo <grace.dalo@gmail.com> Sent: Thursday,July 23, 2015 8:14 AM To: Dave Nesbit Cc: Coulson, Ruth Subject: Order regarding Meeks Dear Counsel: This is to give you notice that I am going to be asking the Court to slightly amend yesterday's order. As you know, several weeks ago Yvonne August left Florida and her work and family in order to assist her mother. She has been living with her mother for weeks and sleeping in the secure unit at Counhy Meadows with her mother since July 2. Yesterday, with our concurrence,the Judge ordei•ed that Ms. Meeks get an independent evaluation and another hearing in mid-September. Dr. Dash at Johns Hopkins is not available until late September. Ms. August can secure an earlier appointment with a specialist in Florida at ar�earlier time. `This would give Ms. August a chance to get her affairs in better order before returning to Pennsylvania for the next hearing in this matter. It will also give my client a much needed vacation and rest and rest. She was traumatized by being forcibly locked into a secure unit at Country Meadows when she neither required nor desired this extreme and undeserved deprivation of liberty and forced medication. She very much«ants to get away from here for a little while. As you know, she must pass Country Meadows every time she gc�es home and it is a terrifying reminder to her of being locked up. As soon as Yvonne August gets conf rmation of the appointment date and time, I will send you all the particulars of the doctor she is seeing. She had ar�appointment at the Mayo Clinic before the guardianship was granted on July 2 but had to cancel it because her rnother was in lock down at Country Meadows. I have sent this e-mail to the Judge's chambers as well in case there is any hope of accomplishing a modification without further document filing or appearance. Sincerely, Grace E. D'Alo 1 �m z r.�,.�,.7r�r A . (��5(x%vr5e �� -�r�f e�`�� Dave Nesbit From: Dave Nesbit Sent: Thursday,July 23,2015 11:37 AM To: Grace D'Alo Cc: Coulson, Ruth Subject: RE:Order regarding Meeks I am out of my office at the PBI annual Elder Law Institute today and tomorro�v. I believe you realize the requested modification is not "slight" in the opinion of our client, who has reasc►n to be concerned that PA jurisdiction could be lost, and is aware that highly competent third party evaluators should be available within a 2 to 3 hour drive at most. Our client's concern has been that the safety of his mother be ensured locally until a long term care plan can be either agreed to by a113 siblings or decided by a cc�pnpetent and independent third party. Assuming that our client remains consistent to that objective, as often stated and demonstrated with actions, then only a successful mediation or a conclusive ruling from Judge Peck would make him comfortable with out of state movement of his mother. I have informed our client about your proposal and will attempt to speak with him tonight or over the weekend. Dave Nesbit Keystone Elder Law PC 555 Gettysburg Pike Suite C-100 Mechanicsburg PA 17055 717-697-3223 -------- Original message -------- From: Grace D'Alo Date:07/23/2015 8:13 AM (GMT-05:00) To: Dave Nesbit Cc: "Coulson,Ruth" Subj ect: Order regarding Meeks Dear Co el: This is to giv ou notice that I am going to be asking the Court to slightly amend yesterday's order. As you know, several we s ago Yvonne August left Florida and her work and family in order to assist her mother. She has bee 'ving with her mother for weeks and sleeping in the se�,ure unit at Counhy Meadows with her mother since Ju . Yesterday, with our concurrence, the Judge ardei�ed that Ms. Meeks get an independent evaluation and ther hearing in mid-September. Dr. Dash at Jallns Hopkins is not available until late September. Ms. August can secure an earlier appointme with a specialist in Florida at an�arlier time. This would give Ms. August a chance to get her affairs in better o r before returning to Pennsvlvania for the next hearing in this matter. It will also give my client a much needed ation and rest and rest. She was traumatized by being forcibly locked into a secure unit at Country Meadows whe she neither required nor desired this extreme and undeserved deprivation of liberty and forced medication. She much wants to get away from here for a little while. As you know, she must pass Country Meadows every ' e she ge,es home and it is a terrifying reminder to her of being locked up. As soon as Yvonne August gets c f rmation of the appointment date and time, I will send you all the particulars of the doctor she is seeing. She had�,appointment at the Mayo Clinic 1 :��rr i��r�rm�r. , Dave Nesbit Zr`'� ��Cii I (Zec�e ��ecl --�;�"i�v��, !4-��n�t� � ��v From: Grace D'Alo <grace.dalo@gmail.com> Sent: Thursday,July 23, 2015 12:02 PM To: Dave Nesbit Cc: Coulson, Ruth Subject: Re:Order regarding Meeks I am happy to leave the decision up to the Judge. Grace On Thu, Ju123, 2015 at 11:37 AM, Dave Nesbit<Dave(u�keystoneelderla��v.cc�m>wrote: am out of my office at the PBI annual Elder Law Institute today and tomorraw. I believe you realize the re uested modification is not"slight" in the opinion of our client, who has reason to be concemed that PA juri iction could be lost, and is aware that highly competent third party evaluators should be available within a 2 to 3 our drive at most. Our client's concern has been that the safety of his mother be ensured locally until a long te care plan can be either agreed to by a113 siblings or decided by a co�npetent and independent third party. Ass ing that our client remains consistent to that objective, as often st�ted and demonstrated with actions,then nly a successful mediation or a conclusive ruling from Judge Peck would make him comfortable with out of stat ovement of his mother. I have informed our ient about your proposal and will attempt to speak with him tonight or over the weekend. Dave Nesbit Kevstone L>ider L,a�v PC �>5 Gettysburg Pike Suite C-1 iVl�chanicsburg PA 17055 717-697-3223 -------- Original message -------- From: Grace D'Alo Date:07/23/2015 8:13 AM(GMT-05:00) To: Dave Nesbit Cc: "Coulson,Ruth" Subject: Order regarding Meeks Dear Counsel: This is to give you notice that I am going to be asking the Court to sligh amend yesterday's order. As you know, several weeks ago Yvonne August left Florida and her work and fam�y in arder to assist her mother. She has been living with her mother far weeks and sleeping in the sec e unit at Counhy Meadows with her mother since July 2. Yesterday, with our concunence, the Judge ordere at Ms. Meeks get an independent evaluation and another hearing in mid-September. Dr. Dash at Jolms Ho ins is not available until late September. Ms. August can secure an earlier appointment with a specialist in Florida at a�i earlier time. Thi would give Ms. August a chance to get her affairs in better order before returning to Pennsylvania for the next hearing in this matter. It will also give my client a much needed vacation and rest and rest. She was traumatized by being forcibly locked into a secure unit at Country Meadows when she neither required nor desired this extreme and i ,�i�iur.��i�r A . �5BnS� � �eCc�nC� C'-v?ft�'.� � 1 � Dave Nesbit From: Dave Nesbit Sent: Thursdasr,Jutyk Z3, 24�5 12:20 PM To: Grace D'Alo Cc: Coulson, Ruth Subject: RE:Order regarding Meeks Since we have had many misunderstandings between us, I believe it is importa��t now to communicate that our client will have an opinion about your modification request and will request that the judge consider that input before modifying the 4rder as stated to this point. Would you please put your exact request in writing to the Judge and to me so tl�at we may respond to the wishes of your client(or Yvonne)for the Judge to consider. Do you propose to wait for the order and request a change of it,or to requcst a change of wording in the order? If the later, we would like to see you proposed order immediately. Dave Nesbit Keystone Elder Law PC 555 Gettysburg Pike Suite C-100 Mechanicsburg PA 17055 717-697-3223 - ----- Original message -------- Fro : Grace D'Alo Date:07 2015 12:02 PM(GMT-05:00) To: Dave Ne 't Cc: "Coulson, R " Subject: Re: Order re ding Meeks I am happy to leave the decisi up to the Judge. Grace On Thu,Jul 23,2015 at 11:37 AM,Dave Ne it<Dave(a�ke.ystoneelder(��aN��;_u�>wrote: I am out of my office at the PBI annual Elder La stitute today and tomorro�w. I believe you realize the requested modification is not "slight" in the opinion o ur client, who has reason to be concerned that PA jurisdiction could be lost, and is aware that highly compet third party evaluators should be available within a 2 to 3 hour drive at most. Our client's concern has been that the fety of his mother be ensured locally until a long term care plan can be either agreed to by a113 siblings or deci by a co�npetent and independent third party. Assuming that our client remains consistent to that objective, as o stlted and demonstrated with actions,then only a successful mediation or a conclusive ruling from Judge . k would make him comfortable with out of sta.te movement of his mother. I have informed our client about your proposal and will attempt to speak with him tonight over the weekend. 3-, _^:i ... �, � :Is�� , _ _ � , 1 ""'"II f1��.1"li„�''Iflll'" � . ��;y-�� .c{�� .�.'�e'�11�'� ��n=�,�.�t ,��►� l�.�la Dave Nesbit From: Grace D'Alo <grace.dalo@gmail.com> Sent: Thursday,July 23, 2015 1229 PM To: Dave Nesbit Subject: Re:Order regarding Meeks Dear Counsel: I have already put my request in writing in the e-mail I sent this morning. I ha��e not included her chambers on this e-mail only because I think the request was cleax and she can act on that re�uest in whatever way she sees fit. If Judge Peck wants me to send her a proposed Order I will happily do so. Grace On u, Ju123, 2015 at 12:19 PM, Dave Nesbit<Dave(a�kevstoneelderlaw.com>wrote: Since have had many misunderstandings between us, I believe it is importani now to communicate that our client wil ave an opinion about your modification request and will request that the judge consider that input before modi ' g the Order as stated to this point. Would you please pu our exact request in writing to the Judge and to me sa t}1at we may respond to the wishes of your client(or Yvonn for the Judge to consider. Do you propose to wait for the der and request a change of it, or to request a change of wording in the order? If the later, we would like to see yo roposed order immediately. Dave Nesbit Keystone Elder Law PC 555 Gettysburg Pike Suite C-100 Mechanicsburg PA 17055 717-697-3223 -------- Original message -------- From: Grace D'Alo Date:07/23/2015 12:02 PM (GMT-05:00) To: Dave Nesbit �., Cc: "Coulson, Ruth" ' Subject: Re: Order regarding Meeks I am happy to leave the decision up to the Judge. Grace On Thu, Ju123, 2015 at 11:37 AM, Dave Nesbit<Dave(a�keystoneelderlaw.cc�in>wrote: I am out of my office at the PBI annual Elder Law Institute today and tomorrow. I believe you realiz the requested modification is not "slight" in the opinion of our client, who has reason to be concerned that jurisdiction could be lost, and is aware that highly competent third party evaluators should be available wi 'n a 2 to 3 hour drive at most. Our client's concern has been that the safety of his mother be ensured locally until long term care plan can be either agreed to by a113 siblings or decided by a coinpetent and independent third party. Assuming that our client remains consistent to that objective, as often stated and demonstrated with i