HomeMy WebLinkAbout05-23-06
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INDEX TO WITNESSES
FOR THE PETITIONER DIRECT CROSS REDIRECT RECROSS
Linda Miller 3
Fred Heckendorn 17
Mary Anne Heckendorn 41
John M. Hume, 48
on qualifications
John M. Hume 50 60
FOR THE RESPONDENT
David Heckendorn 61 65
INDEX TO EXHIBITS
FOR THE PETITIONER MARKED ADMITTED
Ex. No. 1 - letter dated 4/19/06 3 61
Ex. No. 2 - letter dated 1/3/06 3 61
Ex. No. 3 - letter dated 3/14/06 3 61
Ex. No. 4 - application for annuity 3 61
Ex. No. 5 - coverage chart 3 61
Ex. No. 6 - letter dated 4/5/06 3 61
Ex. No. 7 - medical records 3 61
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(Whereupon, Petitioner's Exhibit Nos. 1
through 7 were marked for identification.)
THE COURT: Counsel, are we ready to proceed?
MR. WOLF: Good morning, Your Honor, we are.
This is the time and place for the hearing on the
guardianship petition filed by Mary Anne Heckendorn, in re:
David F. Heckendorn, and we are prepared to proceed with a
witness by telephone at this point, and we would ask that
the Court allow this witness to be taken out of order as
requested in chambers.
THE COURT: It's quite all right. We
discussed this in chambers, Ms. Tomeo, I'm assuming you
don't have any objection?
MS. TOMEO: I do not, Your Honor.
MR. WOLF: Linda, we are going to start off
-- can you state your name for the record, please.
Actually, Linda, before you do that, you need to be sworn
in.
Whereupon,
LINDA MILLER
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. WOLF:
Q All right. Now, will you please state your
name and spell your last name.
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A My name is Linda M. Miller, M-i-l-l-e-r.
Q And what is your title, Linda?
A I am director of the Benefits Determination
Division of the State Employees Retirement System.
Q And that's known as SERS?
A Yes, it is.
Q How long have you been in that capacity?
A I've been director since May of 1992. I
started in the retirement system in 1971.
Q Are you familiar with David Heckendorn?
A Yes, I am.
Q I'm holding in my hand a document which is
pre-marked as Petitioner's Exhibit 1. It's a letter dated
April 19th, 2006. Are you familiar with that letter?
A Yes, I have the letter in front of me.
Q And did you author that letter?
A Yes, I did.
Q Can you briefly give us a summary of what's
communicated in that letter?
A What is communicated in this letter, based on
letters that we received from both Mr. Heckendorn's parents
and letters we received from you -- we also received medical
documentation -- what we are stating in this letter is that
based on the medical documentation that was submitted on
behalf of Mr. Heckendorn, we asked our medical examiner to
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review the medical documentation to determine whether or not
David was able to act in his behalf and execute a disability
retirement application in lieu of a regular retirement
application.
And that was what the request was from the
Heckendorns that we not process the retirement, what we call
regular retirement, that he should have applied for a
disability retirement.
So what this letter basically is stating is that
we did -- the medical that was submitted to us was again
provided to our medical examiner along with the
documentation that we had received from you and from Mr. and
Mrs. Heckendorn asking him to review that and provide a
decision whether or not he felt that Mr. Heckendorn or David
was in a capacity where he could make a decision whether he
would have applied for or should have applied for
disability.
What this letter is stating is that that medical
documentation was reviewed and our medical examiner did make
a recommendation that based on what was submitted Mr.
Heckendorn was not in a position to make a good decision as
far as applying for disability retirement.
Q Let's back up a little bit then. David had
been employed by the Commonwealth of Pennsylvania, correct?
A That's correct.
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Q And do you recall where he worked?
A (No audible response.)
Q Was it the Department of Health?
A I have a lot of information here and that
piece I don't have, but I can get it. Just hold on.
Q That's quite all right. It's not essential
to your testimony. Mr. Heckendorn is no longer employed by
the Commonwealth of Pennsylvania, correct?
A That's correct.
Q Do you know the date that his employment was
terminated?
A (No audible response.)
Q Does January of 2005 sound correct to you,
ma'am?
A That is correct. I just wanted to get the
exact date, yes.
Q Okay. At that time did Mr. Heckendorn apply
for disability retirement?
A No, he did not.
Q In January of '06 did he communicate with
someone in your office regarding a withdrawal of regular
retirement?
A
He made application for a regular retirement,
yes.
Q
I'm holding in my hand a document that is
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time stamped January 3rd, '06, and it has been marked as
Petitioner's Exhibit 4 for today's purposes, and it's
entitled an application for annuity. Do you have that
document?
A It is in our file, yes.
Q Are you -- and you're familiar with it
though?
A Yes, I am.
Q And the date of termination identified there
is January 19th, 2005?
A Okay.
Q Does that sound correct?
A January 19th, 2005, is correct, yes.
Q And it also indicates that the last employing
agency or department was the Department of Health?
A That's correct.
Q If a former employee fills out this
application for annuity, can you basically just briefly
explain what that is going to mean to him?
A Well, Mr. Heckendorn needed to meet with his
retirement counselor, which he did, and he made application
for a regular retirement. By regular he's not receiving a
superannuation retirement because he did not meet the
criteria for a superannuation retirement, criteria being age
sixty with three years of service or under age sixty and
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thirty-five years of service.
So he made application for a regular retirement
but because of his age his retirement was drastically
reduced, plus with the regular retirement he would not
receive paid health care.
Q On that form does it identify what the cost
of the medical coverage would be?
A I believe the cost was indicated on the
checklist that was with the application, yes.
Q Would that be the member cost 765 for the
plan?
A I think it was around that time, yes; around
that amount, yes.
Q And seven twenty-eight twelve for a single?
A Seven twenty-eight twelve would have been the
single rate per month, yes.
Q So that's what he would have had to pay for
himself per month to be covered by the same medical
insurance he had when he was employed?
A That's correct, yes.
Q And prior to that, when he was employed, was
that covered entirely by the state?
A Yes, it was.
Q If he qualified for disability retirement,
would he receive that coverage at no cost to him?
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A
Q
That's correct.
But that would be the same coverage either
way?
A Actually I need to back up and just say that
is correct with the exception that health care did change.
Anybody who retired after July 1, 2005, was responsible for
one percent of their salary towards their health care, but
his effective date for his disability would have been prior
to that, so you are correct it would have been fully paid.
Q And are the -- did you also provide a rate
chart that says post June 30th, 2004, plans coverage chart
effective January 1, '06?
A Yes, I did.
Q And does that substantiate the numbers that
are identified on the checklist?
A I believe it does, yes.
MR. WOLF: And that, for the record, is a
document that has been identified as Petitioner's Exhibit 5.
And for the benefit of the record as well, these documents
have previously been provided to opposing counsel. She has
seen them and reviewed them.
THE COURT: Is that correct, Ms. Tomeo?
MS. TOMEO: Yes.
BY MR. WOLF:
Q So, Ms. Miller, the document that is Exhibit
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4, the application for annuity, this was -- so this was Mr.
Heckendorn's request initiated on his own behalf In January
of '06 to have a regular retirement, correct?
A Yes, that's correct.
Q If his regular retirement were to have been
completely processed, would he be eligible to ever apply for
a disability retirement?
A No.
Q Was his application completely processed?
A No.
Q I'm holding in my hand also a letter dated
January 3rd, 2006, which has been marked as Petitioner's
Exhibit 2. That letter is signed by Deborah Thorpe.
know Ms. Thorpe?
Do you
A Yes, I do.
Q Does she work with you?
A She works -- yes.
Q Are you familiar with the correspondence I'm
talking about?
A Yes, I am.
Q Does that include an estimate of Mr.
Heckendorn's retirement payments should he -- should his
application be completely processed?
A For his regular retirement?
Q Yes, ma'am.
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A Yes, it does.
Q And do you know how much that says he would
receive?
A I would ask you to bear with me here. I have
papers laying allover the place.
Q That's fine. I'll direct your attention to
Page 4. It's a chart entitled estimated benefits standard
options. Ms. Miller, does the amount $315.81 per month
sound correct to you?
A I feel pretty strongly it does, yes.
Q And the total amount that would be withdrawn
is thirty-four thousand seven fifty-one fifty-four. Does
that sound right?
A That's correct, yes.
Q Does that amount translate into -- once that
account balance is exhausted, would those payments then
cease?
A No.
Q So that would continue on based on the amount
he had contributed?
A Well, actually, we're a defined benefits
plan.
Q Okay.
A We're not a defined contribution plan, so
that means that he would be entitled to that monthly benefit
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for the rest of his lifetime.
Q So $315.81?
A Based on the option he selected, yes. He
selected a maximum single life annuity in Option 4. Option
4 gives him the right to withdraw his contributions and
interest and still receive a monthly benefit for the rest of
his lifetime, so that 315.18 is what he would get for the
rest of his lifetime. He elected to withdraw contributions
of $34,751.54.
Q Now, and just to be clear, the health
insurance premium was seven twenty-eight twelve per month,
correct?
A That's correct.
Q So pretty much more than twice what the
monthly amount of the annuity payment would be?
A That's correct.
Q I also have a document identified or
previously marked as Petitioner's Exhibit 3, which is a
letter dated March 14th, 2006. Do you have that, ma'am?
A I do, yes.
Q And is that one also a letter from Ms.
Thorpe?
A Yes, it is.
Q Is that similar to Exhibit 2, which was the
January 3rd letter except dealing with the disability
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retirement?
A That is correct. This was the estimate that
she provided for a disability retirement.
Q And you've reviewed this before and is it
accurate?
A Yes, it's -- yes, I feel comfortable with the
figures, yes.
Q Now, turning your attention to Page 4 of that
packet, does that identify a maximum disability amount?
A Yes.
Q And what would the monthly benefit amount be
for Mr. Heckendorn?
A $1,486.65.
Q Now, in addition to that, he would also have
the $728.12 worth of medical coverage provided for him at no
cost, correct?
A Actually -- well, yes, he would have paid
health care, yes, totally paid health care.
Q So the value to him is roughly over $2,100.00
per month?
A I think that would be a fair way of stating
that, yes. He's entitled to paid health care for the rest
of his life and as long as he's disabled he's entitled to
the $1,486.65 for the rest of his lifetime.
Q If Mr. Heckendorn were to no longer suffer
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1 from a disability, would he be able to apply for his regular
2 retirement at some point?
3 A That's exactly what would happen, yes. If
4 his disability -- if going forward with the disability, he
5 does -- we do place him on disability retirement, at this
6 stage I don't know if he -- how -- we only ask for a medical
7 examiner to make a determination whether or not he was
8 capable of applying for disability.
9 They would -- when someone applies for disability,
10 what happens is the medical examiner reviews the medical
11 documentation and then they determine whether or not the
12 disability is total permanent or if it's temporary.
13 If it's temporary, it's usually either for six
14 months or a year. And then prior to the -- let's use the
15 year as an example. Prior to -- two months prior to that
16 then we send to the member blank medical forms and the
17 letter stating it's time for them to be re-examined.
18 So once they are then being total permanent, they
19 are entitled to that benefit for the rest of their lifetime.
20 If their disability is discontinued, they can at any time
21 switch to early retirement.
22 Q Is Mr. Heckendorn if we were to -- if an
23 application were to be put in for a disability retirement at
24 this stage -- and as you've indicated he is now eligible,
25 correct?
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A I'm stating that our medical examiner has
deemed him to have been not able to make a decision to apply
for disability retirement as it stands right now. If a
disability is the direction we're going, he has he needs
to make the application or his guardians on his behalf need
to make the application for disability. He is going to --
he could receive a disability retirement.
Q Was the question of whether or not he was
capable of making that decision at the time of his
separation from the state, would you consider that a major
hurdle in eligibility at this stage?
A Well, a member must apply for disability
while they're in an active pay status. That did not happen
in David's situation. He didn't make application until long
after he was terminated.
Based on the letters and the request from the
guardian, that was the reason why we went to the -- you
know, we asked for medical documentation and we asked our
doctor to make a determination whether or not they felt that
David was disabled at the time he was terminated.
Q Okay.
A And that is why we are, for lack of a better
word, allowing the member to apply for disability
retirement.
Q After the pay status is no longer active?
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A That's correct.
Q And incidentally does that mean that an
application for disability retirement would then be
retroactive to that date?
A Absolutely, yes.
Q And essentially, so that I understand this
correctly, the steps have been taken to stop the processing
of the regular retirement and at this stage you would be
prepared to receive an application from the member or his
guardian for a disability retirement?
A That's correct.
MR. WOLF: I have no other questions for the
witness.
THE COURT: Any cross-examination, Ms. Tomeo?
MS. TOMEO: No, Your Honor.
MR. WOLF: Does the Court have any questions?
THE COURT: No, I do not. I will excuse the
witness. Thank you very much, Mrs. Miller.
MR. WOLF: Thank you, Linda. That's all.
THE WITNESS: No more questions?
MR. WOLF: That's it.
THE WITNESS: Okay. Thank you.
MR. WOLF: Thank you. Bye.
THE COURT: Then we'll take a brief recess
and get Mr. Heckendorn on the phone. My secretary indicated
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BY MR. WOLF:
Q
please.
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Q And, Mr. Heckendorn, we're here on the
petition filed by your wife to be appointed guardian for
your son, and I assume you're familiar with the proceedings
that have come up to this point?
A Yes, I am.
Q At this stage, for the benefit of the record,
there has been a temporary guardianship hearing. Were you
present for that?
A Yes, I was.
Q And are you familiar with the facts regarding
your son's behaviors and actions that have led us to -- that
were presented to the Court at that hearing?
A Yes, I am.
Q How old is your son?
A Thirty-five.
Q And he was employed where?
A Pennsylvania Department of Health.
Q How long was he there?
A Approximately twelve and a half years.
Q And what did he do?
A At one time he was network administrator. He
was the supervisor. He worked in their information
technology division.
Q Was he relatively high up in the chain of
command in that department?
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A Yes, at one time he was second in command.
Q And while he was employed, did he have any
difficulties during his employment?
A After October of '01, yes.
Q And what happened in October of '01?
A Basically he was accusing employees of spying
on him and monitoring his e-mail, different things. He
ended up pushing employees and kicking doors. I don't know
what all.
Q Have you heard or are you aware of what
action the state may have taken in response to that?
A Well, he had to go through SEAP, State
Employee's Assistance Program, where he had to get help and
they had him seek counselors and take medication.
Q Do you know was he diagnosed with any
conditions at that point to your knowledge?
A I had heard paranoid delusional.
Q And to your knowledge was he in treatment
with counselors and psychiatrists?
A Yes.
Q At any point do you know whether or not he
discontinued that treatment?
A Yes.
Q Do you know approximately when that was?
A Offhand I'm not sure. It was October of '03,
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I think was the next time he got in trouble.
Q Do you know if that was -- do you know if in
September of '03 he had ceased treatment?
A Yes, he did.
Q And was it long after that that he was
experiencing other problems?
A Well, in September of '03 we had him -- we
had to have him committed to Polyclinic Hospital September
12th of '03 through September 22nd.
Q And when you said we had to have him
committed
A My wife and I.
Q And you -- so you sought and petitioned for a
civil commitment?
A Yes.
Q And your son was in treatment at Polyclinic
for how long?
A Ten days.
Q Ten days. Was he -- where was he living at
that time?
A He was living in an apartment in Harrisburg.
Q Before we go much further, your son -- does
your son have medical health conditions?
A Yes.
Q Can you be more specific as to what he has?
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A He has a disease called Primary Sclerosing
Cholangitis, a disease of the liver.
Q And that's known as PSC?
A Yes, and ulcerative colitis.
Q To your knowledge have you been a part of the
medical treatment that he's received? Have you been aware
of it?
A Yes.
Q And you're familiar with the condition?
A Certainly.
Q Do you know if there's a prognosis as to his
-- the health of his liver with this disease?
A Well, we were told seven to fifteen years he
would get a transplant.
Q And how long ago was that, sir?
A Approximately ten years.
Q And does your son take medication for these
two conditions?
A Yes, he does.
Q Is it relatively -- do you know the cost of
those medications?
A Not really because most of the time he had
insurance for it. We do know that last summer when he lost
insurance and we inquired about getting medication for him,
it was what, $50.00, $150.00 for, what, a week's supply.
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Q And was that for both of the medications?
A That was just the one.
Q Which one?
A Urso, I believe; Urso and MP 6 he's on.
Q Are those medications necessary to his
continued well-being?
A Oh, absolutely.
Q And he takes those medications?
A Yes, he does.
Q Now, you indicated that there was a -- you
had learned that he would at some point need a liver
transplant?
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awhile now?
Yes.
And where did you hear that?
From his doctor, Dr. Berk.
Dr. Berk?
Yes.
Is it B-u-r-k-e?
B-e-r-k.
B-e-r-k?
B-e-r-k.
And where does Dr. Berk practice?
Carlisle.
And has David been treating with Dr. Berk for
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A The entirety of his problem, yes.
Q So approximately ten years?
A Yes.
Q Now, going back to the situation with his
employment, to your knowledge the mental health conditions
that he was suffering from did that affect his position with
his employment?
A Oh certainly, yes.
Q Can you tell us what happened?
A Well, the last time they took him back, which
was -- I believe it was October '03, he was, in essence,
demoted from supervisor to a rank and file position, but he
retained his salary.
Q And how well -- how did that go?
A He seemed to accept it. He wasn't happy
about it but at that time we also moved him home and took a
lot of pressure off of him.
Q So he moved in with you?
A With us.
Q And at what point was this, October of '03
you said?
A Pardon me?
Q Was this October of '03?
A October of '03, yes.
Q How long was he living with you then?
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A He lived with us until December 19th of '05.
Q And did he live in your house?
A Yes. Actually December 14th of '05. That's
the day he lost his job. He was in and out of the house for
several days, but he didn't stay with us, and he was
committed again on the 19th to Holy Spirit Hospital.
Q Before we get to that, do you know what led
to -- you said when he lost his job on December 14th. Do
you know what events led to that?
A Several incidents. One of them was he
refused to put in a leave slip for a couple hours of sick
leave, refused to put in an overtime slip. He refused to
help another employee with a problem that he said the guy
knew the answer anyway.
I don't know.
He also was very upset with the evaluation they
gave him. Beginning in December of that year is when he
really started getting bad because of the evaluation I
think.
Q Well, let's back up a little bit. You said
that he received an employee evaluation?
A Yes.
Q Do you know what the evaluation said?
A Well, it gave him average grades, and he was
accustomed to getting extraordinary.
Q And was his response to that unusual in any
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way?
A Well, basically yes because the supervisor
who was supervising him probably knew a lot less about the
job than he knew, so that I'm sure hurt him.
Q But do you know what his response was when he
was presented with the evaluation? What he did?
A At first he refused to sign it.
Q Okay.
A Then later on he must have signed it and drew
a stick figure on it with X's for eyes and a knife through
the head.
Q So there were several incidents that you said
led to his termination?
A Yes.
Q Was he still in mental health treatment at
that point?
A He was not taking medication. He was seeing
counselors because he had to do that, but he was not taking
medication I'm sure.
Q When you say he had to do that, was it --
A Through SEAP.
Q -- a condition of his continued employment?
A Yes, COCE, condition of continued employment.
He had to comply with SEAP's requirements or they could
terminate him. Of course they didn't know whether he was
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taking medication, and that led to the problems.
Q Did your -- was your understanding -- well,
let me rephrase this. In the time between October of '03
and December of '04, were there any incidents at home of any
problems with his mental health?
A Not until probably when he got the
evaluation. He was real good that summer. He had bought a
boat and went boating a lot, and we could gradually see the
decline. Once he stopped taking the boat out late fall of
'04, we could see a decline in his condition until December.
Q And did you see him on a daily basis?
A Oh, yes.
Q And have meals with him?
A Certainly, yes.
Q And were all of his behaviors normal during
that time period?
A During that time, yes.
Q Did that change at some point?
A Yes, it did later on, yes.
Q When did it change?
A Well, in '05 he lived out of the house until
July, I believe it was, sometime. He came back -- he had
gotten kicked out of an apartment or something. He was in
trouble. We don't know for sure what problems he had, but
he told us the voices told him to come back.
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Q So I did skip ahead. You said in December of
'04 you were starting to testify that he was committed to
Holy Spirit Hospital?
A On the 19th of December, yes.
Q And what led to that commitment?
A Well, from the time -- from the 14th through
the 19th the time he had lost his job, he was -- actually
he was terrorizing us. He would come tearing into the
driveway and yelling stuff at us and things like that. He
was --
Q Were there any incidents where your son was
verbally abusive with you?
A Oh, yes, yes, at that time
Q Can you give us an example of what you mean?
A Well, on the 19th he came in. My other son
was there. He came in the house and shoved his mother. I
guess he was looking for me. And my other son grabbed him
and wrestled him to the floor and called the police, and we
had him committed again to Holy Spirit.
Q This was in December of '04?
A December 19th.
Q
And in
his position was officially
terminated in January of '05, correct?
A Right.
Q And that was after his sick leave had
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basically all been used up?
A Yes, from the date he lost his job, the 14th,
he was paid up until, I believe, the 19th of January.
Q And you said that he was not in your
household from December of '04 --
December 14th, right.
-- until July of 'OS?
Right.
And when he carne back, was he still living in
A
Q
A
Q
your house?
A
Q
A
Was he what?
Was he living in your house then?
We kept him. We left him live in our boat
house. We have a boat house with no facilities, but it's a
decent building. He was able to stay there and corne in the
house to eat meals.
Q Was it heated?
A No, but it was summertime.
Q How long was he living there?
A He lived there until August or September, I
believe it was, early September.
Q Of '05?
A Yes.
Q And what happened at that point?
A One evening we were waiting for him to corne
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1 to a meal. This was August -- this was August 12th or
2 something like that.
3 We had planned on going on vacation the next day,
4 and he became very angry, started grabbing plates and
5 breaking them, and furniture, breaking it up and so on.
6 I told him I was going to call the police, so he
7 started beating on me. And then my wife grabbed the cell
8 phone and ran outside. He chased after her.
9 In the meantime the neighbor stopped. This
10 neighbor has a son who's mentally ill also, so he was aware
11 of our situation. We were able to diffuse him to a certain
12 point.
13 He walked back out to the boathouse just breaking
14 everything in his path and so on. Then we called the
15 police. We took him to Carlisle and tried to have him
16 committed there, and basically they listened to him,
17 declared it was a domestic quarrel, and released him.
18 Q To your knowledge was your son undergoing
19 mental health treatment in 2005 while he was living at your
20 house?
21 A He hasn't had any treatment at all since he
22 left his job. He had no medication before that. He's been
23 at least two and a half years off medication I think.
24 Q Okay. So he lived basically there at your
25 house from July until August?
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A Yes.
Q Did he come back to your house at that point
after the incident that he wanted you to take him to
Carlisle Hospital?
A He came back to the boathouse, yes.
Q And how long was he living there?
A Only a day or so because I told him he wasn't
allowed in the house.
Q And did you have to have any police
involvement with having him removed?
A When we came to Carlisle, yes. Not after
that, no.
Q Did you evict him?
A Not at that time, no.
Q So he left in August of '05, and when did he
come back?
A He came back September, the middle of
September somewhere.
Q Was he working at all at this point?
A No.
Q Do you know what he was using for money?
A Just deferred compensation money he had
saved.
Q So he had a deferred compensation plan from
his employment with the State?
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A Yes, he expired all that money.
Q So he withdrew that?
A Yes.
Q Do you know about how much that was?
A
Not for sure, no.
I'm sure it was well in
I'm sure it's more than that. I
excess of five thousand.
don't know.
Q And you said that he carne back in September?
A September.
Q And was he living in the boathouse at that
point?
A No, at that time we left him move back in the
house with us. Actually we had another grandson born, and
he was in North Carolina. He went down there looking for
jobs or whatever, and he called and wanted to corne see his
new nephew.
And, of course, he carne to his brother's house in
Allentown to see it. We drove on home and he stayed, carne
back later that night and carne in the house like nothing was
wrong and we left him stay awhile.
Q How long was he there?
A He was there until December 15.
Q What happened at that point?
A Well, he kept getting worse and worse, and we
could see it corning. Well, he lost his job right before
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Christmas. We could see Christmas corning, and he was
getting worse again.
Q What do you mean that he was getting worse?
A Well, more verbal, more slamming doors,
things like that.
Q So was he physically violent during this time
period?
A Not as far as touching us but breaking things
up and slamming doors. He broke the door off the hinges,
you know, stuff like that.
Q Did he threaten to do anything at that point?
A No, not that I remember really threatened but
accusing us of a lot of things, accusing us of hypnotizing
him and taking his life away and things like that.
Q So this was between September and December of
'OS?
A Yes, it got worse in like December, beginning
of December again.
Q And had you been involved when he had left
the employment of the State regarding his retirement and the
disability retirement issue?
A Oh, yes.
Q And we've heard testimony that he -- from Ms.
Miller -- that he did not apply for a disability retirement
at that time. Had you talked to him about that?
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A Certainly.
Q And do you know what influenced his decision
not to do that?
A He said he wasn't sick. You have to be sick
to take that.
Q So recognizing the fact that you don't have a
background or an expertise in this, did you understand his
problem as being labeled as sick, that that's why he didn't
want to have that retirement?
A I understood that he thought he wasn't sick,
yes. Is that what you mean?
Q That he didn't want to take the retirement
because he didn't want to be labeled as sick?
A Right.
Q Now, did your son through this time period,
did he remain compliant with his health -- the health
conditions he had with the medication he had to take?
A Yes, he's always done that.
Q And so tell us what happened on December
15th, '05.
A Well, actually the day before we had talked
to another attorney about what to do to get him out of the
house, and they told us that we could write up a letter and
give him options go get help, move out, or we would have to
charge him with criminal trespass.
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So on the 15th is the day he got violent again
breaking things up and so on. We called the police in. Of
course they couldn't do anything. We already had the letter
written up, we just hadn't dated it because we were going to
give it to him the day before. He seemed better and we
thought maybe we can get through Christmas.
Q You said he was getting violent and breaking
things. Did he physically assault you or your wife?
A That time my wife was in the house. I wasn't
even in the house when he came in very upset. He had been
somewhere and come home and probably had a run in with
somebody and was very upset, breaking everything up again.
He pulled the dishes out and started breaking them
one-by-one and kicking things around.
Q So what did you do?
A Well, we discussed it. We called the police
and had them come in. Well, they couldn't do anything
unless he hit us or whatever, and he hadn't done that, so we
said about this letter, and they gave him the letter, read
it to him, and we dated it the next day. He was to be out
by 3:00.
Q Okay.
A Which he didn't do, so we had to have the
police come in again and get him and they took him to jail
for three days.
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Q On a charge of criminal trespass?
A Criminal trespass.
Q Do you know where he went after he was
released from the prison?
A As far as we know he was in a motel,
Starlight Motel. What is it, Starlight? Starlight Motel.
Q And he was there until do you know when?
A Until January 24th.
Q Of 2006?
A Yes.
Q And at that point do you know what happened?
A A state policeman we know pretty good called
us and told us that they had to take him in on criminal
trespass. They were taking him in, so we were to come to
get his belongings and so on.
We went and talked to the motel owner who said he
was refusing to leave the room while the cleaning people
were cleaning the room because he thought they were spying
or whatever.
Q Okay.
A So it wasn't an issue of non-payment. He did
say that he owed two days, but he wasn't concerned about the
payment. He had been good up to that time. It was just two
days he hadn't paid, and he said he wasn't concerned about
that.
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Q
And since that time, since he went
since
he was arrested for defiant trespass, has he been in prison
since then or
A He was in prlson until March the 2nd. At
that time we got him transferred.
Q To Mayview where he is now?
A Yes.
Q And that was actually not at your initiation,
but that was at the prison's initiation that he be
transferred?
A That was actually us. We went to Senator Pat
Vance and got him out of it. I mean they had already made
commitment to send him to Mayview, but we were waiting to
get him to go, so we went to Senator Pat Vance and she got
him a bed immediately.
Q But the process was initiated because of an
incident at the prison, correct?
A Yes.
Q And in this incident do you know what
happened?
A We were told he struck an officer.
Q One of the prison guards?
A Yes.
Q Do you know if they kept him in normal
population?
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A No, he was in solitary.
Q And do you know why?
A Well, basically for two reasons, to protect
him and protect everybody else because he's not a criminal,
he's not street wise, and he would have gotten in fights
with general population or whatever, so they put him in
solitary.
Q And did they have problems with his behavior
while he was there to your knowledge?
A Yes, he wouldn't do a thing you told him.
Q In fact, were you able to visit with him
while he was there?
A No, never. We tried different times. We
were never able to visit him.
Q Do you know why?
A Because he wouldn't slgn a consent. He
wouldn't do this blood test. He wouldn't do anything for
them, so he wasn't allowed.
Q So would he do their medical screening, do
you know?
A He wouldn't do that.
Q And that was one of the things he would have
to do to be able to have visitors?
A TB testing or whatever.
Q But even while he was there, to the extent he
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was given his medication, he took his medication, correct?
A Until one day he got ahold of a phone
somehow. He told us he hadn't been on his liver medicine,
he said, for six days.
Q And did you arrange to have that prescription
brought to him?
A We called and -- my wife called and went back
and forth with the lady. I don't know how many times she
said she had no card, the card was in his wallet, but we
ended up going and getting the prescription, taking it to
him, and then he got back on it, yes.
Q Was there an incident where your son was
violent with you or assaulted you?
A The one I mentioned earlier.
Q Now, can you -- I want to make sure I have
the details of that, that he had struck you. What occurred?
A Well, that was the time he carne in breaking
things up, and I told him I was going to call the police,
and he started pounding me on the head and so on.
Q Did you have to seek medical attention?
A I didn't, but I probably should have.
Q How many times did he strike you?
A Half a dozen or more.
Q Was he saying anything while it was
happening?
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A Not that I recall.
Q Did he strike your wife at all?
A He pushed her several times. No, he never
struck her.
Q Was this the incident where your wife left
the house with the cell phone and he chased her?
A Right. Right.
Q That was August or --
A That would have been in August of '04, of
'05.
Q Since he's been at Mayview, have you seen
your son?
A Yes, we go out every week.
Q And are you able to communicate with him
while you're there?
A Yes.
Q As long as it's not about this subject,
right?
A Right.
Q And your wife has been the one who's been
appointed the temporary guardian?
A Right.
Q Have you assisted her with that?
A Certainly.
Q Have you been -- are you familiar with how
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the State Employee's Retirement System and the SEAP Program
work?
A Pretty much.
Q Did you work for the State?
A Yes, I did.
Q And are you retired from the State now?
A Yes, I am.
Q So have you had involvement with the same
individuals who were responsible for David's retirement and
the other services he received?
A Yes.
Q The medical issues that he has had in recent
years, has it progressively gotten worse?
A The last time I talked to Dr. Berk he said
it's stabilized but he wouldn't give me a figure on how soon
he might need a transplant or anything like that. He said
it's stable right now.
Q To your knowledge is there an impediment to
him receiving a transplant at this point?
A Yes.
Q What's that?
A (No audible response. )
Q I know this is difficult, so take your time,
sir.
A He told me he's not a candidate --
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Q Who told you he's not a candidate?
A -- with the mental illness.
Q Was this Dr. Berk?
A Yes.
Q So if I understand your testimony correctly,
if you have an untreated mental illness, you're not a
candidate for a transplant, correct?
A Yes.
THE COURT: Who told you that, sir?
THE WITNESS: Dr. Berk.
THE COURT: Was that Dr. Berk? I couldn't
hear you.
THE WITNESS: Yes.
MR. WOLF: I have no further questions for
Mr. Heckendorn.
THE COURT: Cross-examine.
MS. TOMEO: I have no questions for this
witness.
THE COURT: You may step down.
MR. WOLF: Call Mary Anne Heckendorn.
Whereupon,
MARY ANNE HECKENDORN
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. WOLF:
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Q Would you please state your name for the
record.
A Mary Anne Heckendorn.
Q And it's the same spelling as your husband,
correct?
A Yes.
Q And do you reside with your husband on
Grahams Woods Road?
A Yes.
Q Since the time you were appointed as
temporary guardian, can you tell the Court what steps you
have taken on behalf of your son?
A We've been trying to get his disability,
we've worked on that, and I've been taking care of some of
his bills and things.
Q So were there current bills that were due?
A Yes, bills that are due now and --
Q Did he have credit cards?
A He had one credit card.
Q Was there a balance on that?
A Yes.
Q And have you been paying payments on it?
A We've been taking care of that.
Q Is it paid off at this point?
A Not yet, no.
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Q What money are you using to do that?
A Right now we're using ours.
Q You're using yours. To your knowledge did he
have any money?
A Not too much. He had a little bit in his
checking account.
Q Can you give me an estimate as to how much is
there?
A There might be, I don't know, maybe two
probably a little less.
Q Two hundred?
A Thousand.
Q Two thousand.
A His payments
directly out of his bank.
some of his payments come
Q What other payments does he have?
A He has an automobile --
Q He has an automobile.
A that he's making payments on, yes.
Q And does he have any other vehicles?
A He has a truck and a boat.
Q Where are those vehicles now?
A They're at our place.
Q They're at your place. Anybody driving them?
A No.
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Q Are they insured?
A Yes, I just paid his insurance. They're
insured.
Q Is that out of your money that you paid them?
A Yes.
Q If you had to estimate, do you know how much
you've paid out of your own funds at this point on your
son's behalf?
A Probably fifteen hundred, something like that
maybe by now.
Q Are there other bills that he had that you've
had to make sure were paid or have paid yourself?
A Yes, there was some prescriptions that he had
to take care of and then there was an ambulance bill that
needed to be taken care of. We worked on that.
Q Are all of those obligations either you're
making payments on them or they're paid off?
A Yes.
Q And have you been in contact with some of his
medical providers and obtained records from them?
A Yes.
Q And those records have been turned over to
your counsel for the purpose of preparing for this hearing,
correct?
A Right.
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Q In addition to that you indicated that you
communicated with the -- you tried to get his disability
retirement?
A Yes.
Q So you communicated with the State Employee
Retirement System, and was it you that put a stop to the
processing of his regular retirement application?
A Yes.
Q And before today you were not aware -- were
you aware that he was going to be eligible to apply for the
disability retirement?
A Not until today.
Q And have you been in communication with the
providers out at Mayview?
A We've been calling back and forth trying to
get in touch with them, yes.
Q Been getting as much information as you can,
correct?
A Right.
Q If you were appointed guardian for your son
on a permanent basis, would you maintain the continued
efforts that you have done for his benefit?
A Yes.
Q And would you continue to make sure that his
obligations are met?
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A Yes.
Q And act in his best interest?
A Right.
Q And do you have any interest of your own that
would be competing with his or that would be adverse to his?
A No.
Q And is there any other motivation for your
seeking this guardianship at this stage?
A No, I just want to help him.
Q Your son, as we know, is currently at
Mayview, which is a placement which is close-ended, correct?
A Yes.
Q Do you know what his anticipated release date
is at this stage?
A It's ninety days, so I assume the end of May,
beginning of June.
Q And at that point do you have any idea as to
what you would do for David to have a home?
A Well, if we could get him on medicine and
stuff, he could live with us.
Q And you're willing to work with his providers
for whatever purposes to make sure that he gets the services
he needs?
A Right.
Q Has your son indicated a willingness to take
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the medication?
A No.
Q To your knowledge has he ever expressed to
you that there were side effects or conditions that made him
not want to take the medication?
A Yes, when he was taking it before, he said it
made him tired and sleepy and --
Q But he was otherwise well, can you
characterize how he was otherwise when he was on his
medication?
A He seemed fine other than that.
Q And is your recollection of the events that
led up to your son's termination from his work and
ultimately up to his placement at Mayview, are they similar
to your husband's -- your recollection of the events that
your husband described?
A Yes.
MR. WOLF: I have no further questions for
Mrs. Heckendorn.
THE COURT: Ma ' am, you have been temporary
guardian. Is that correct?
THE WITNESS: Yes.
THE COURT: And you voluntarily want to
continue in the capacity of guardian of your son?
THE WITNESS: Yes.
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THE COURT: If you continue in this position,
will you continue to seek the disability retirement
available through the State Employee Retirement System?
THE WITNESS: Yes.
THE COURT: Cross-examine.
MS. TOMEO: I have no questions for this
witness.
THE COURT: Ma'am, you may step down.
MR. WOLF: Your Honor, at this point I would
call Dr. Hume.
Whereupon,
JOHN M. HUME
having been duly sworn, testified as follows:
DIRECT EXAMINATION
ON QUALIFICATIONS
BY MR. WOLF:
Q Sir, would you state your name for the
record.
A John M. Hume, H-u-m-e.
Q And you're a doctor, correct?
A That's correct.
Q And can you give us your address, please.
A 875 Valley Street, Marysville, Pennsylvania.
THE COURT: I want to note for the record at
this time that Dr. Hume was appointed as an independent
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evaluator by this Court on, I believe it was, March the 8th
of 2006. Is that correct, Dr. Hume?
THE WITNESS: Yes, sir.
THE COURT: Thank you.
BY MR. WOLF:
Q Dr. Hume, can you briefly glve us an idea of
your professional credentials?
A I have a Bachelor's degree from Haverford
College, an M.D. from the University of Pennsylvania School
of Medicine. I did a rotating internship at the University
of Pennsylvania Presbyterian Medical Center.
I completed a psychiatric residency at Norristown
State Hospital where I was variously clinical director and
superintendent. I also graduated from the Dickinson School
of Law in 1981.
I have had extensive teaching experience for ten
years.
I taught residents at Norristown. I taught a course
at the Dickinson School of Law for three years. I was
assistant professor at Hahnemann University teaching medical
students and also from the University of Pennsylvania.
I currently work in the outpatient department of
Holy Spirit Mental Health.
Q And are you currently Board certified in any
A Yes, I'm Board certified since 1964.
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Q In?
A In psychiatry.
Q And I assume you're currently licensed in
Pennsylvania to practice medicine?
A Yes, I am.
Q And you're familiar -- are you familiar with
David Heckendorn?
A I have never met David Heckendorn, but I have
reviewed a number of records that relate to his various
difficulties beginning back in October of 2001.
THE COURT: Mr. Wolf, I'm assuming that you
are going to have the doctor testify as an expert. Is that
correct?
MR. WOLF: That's correct.
THE COURT: Ms. Tomeo, do you wish to inquire
regarding qualifications as an expert in psychiatry?
MS. TOMEO: No, Your Honor.
THE COURT: Please continue.
MR. WOLF: Thank you, Your Honor.
DIRECT EXAMINATION
BY MR. WOLF:
Q Doctor, I'm going to show you a document
which has been marked as Exhibit 6. Do you recognize that,
sir?
A Yes, I do.
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Q Can you identify that for the record?
A That's a report that I sent to Ms. Tomeo in
April of this year.
Q And does that involve Mr. Heckendorn?
A Yes, it does.
Q In it have you referred to records that you
reviewed for Mr. Heckendorn or of Mr. Heckendorn's medical
treatment?
A Yes. It does not include conversations that
I've also had with Ms. Tomeo or Mr. and Mrs. Heckendorn.
Q I'm going to show you what has been marked,
however, as an inclusive packet marked as Exhibit 7. If you
can briefly look at that and tell me whether or not the
documents in there appear to be the same documents you've
reviewed in preparing your report?
THE COURT: Mr. Wolf, the report is marked as
what exhibit?
MR. WOLF: Exhibit six. I'm sorry, Your
Honor.
THE COURT: That's quite all right.
THE WITNESS: Yes, these appear to reflect
the records I have reviewed.
BY MR. WOLF:
Q Doctor, in reviewing those records, can you
tell us -- well, you indicated that you did not have an
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opportunity to meet Mr. Heckendorn, correct?
A That is correct. That was because he refused
to have me come do an evaluation. I was prepared to go to
Mayview State Hospital to do the evaluation.
Q Did you speak with him at all?
A No, I did not.
Q So you were advised that he refused to meet
with you?
A That's correct.
Q And that was by whom?
A Ms. Tomeo told me that she had talked to the
social worker there who is assisting David.
Q So your evaluation was done based on your
review of the medical information?
A That's correct.
Q Was there anything else that was considered
in generating this report?
A As I said not included in the report are
things that I've looked at are conversations with Ms. Tomeo
and the Heckendorns, Mr. and Mrs. Heckendorn briefly.
Q Were they from before today or you've spoken
with Mr. and Ms. Heckendorn?
A No, I spoke with them this morning.
Q Can you give us an idea of the conclusions
that you have drawn based on your review of the information
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1 you've had available?
2 A Yes, basically the troubles began back in
3 October of 2001. The initial diagnosis was delusional
4 disorder with paranoid ideation. I think the correct
5 diagnosis is Bipolar Affective Disorder I with psychosis.
6 That diagnosis was finally arrived at when he went
7 to Holy Spirit Hospital in December of 2004. That is not
8 unusual because most people with bipolar disorder have seen
9 four physicians and had eleven years transpire from the
10 beginning of their trouble to the time a correct diagnosis
11 is made.
12 And the important thing about that is in Bipolar
13 Affective Disorder individuals have periods of normality
14 between episodes of bizarre or psychotic behavior so that
15 David feels like he's okay, and for brief periods of time
16 between episodes he is okay.
17 And that contributes obviously to his problems
18 about taking medication. The concern with that is with each
19 episode it gets more difficult to get the situation back in
20 control and that ongoing medication is the treatment of
21 choice.
22 There are certainly legitimate complaints about
23 some of the side effects of the medication. Other
24 alternatives for the treatment of bipolar which would be
25 less sedating, which would seem to be his primary concern,
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are available for treatment for David.
Q Among the medical reports are you aware of
what medications he was taking?
A He's on -- most of the time he's been on
Zyprexa which with the most recent study of the second
generation anti-psychotics had the least difficulty as far
as patient compliance. He's also been on Ceraquil and
Risperdal at one time or another from the records.
Q There have been periods reported to us of his
compliance with at least mental health treatment and
counseling. How long can these episodes of normalcy last
between the more psychotic episodes?
A Well, you can have periods of months or
sometimes several years between episodes but with each
episode the interval between the next episode gets less so
that there's likely to be a shorter period of normal
behavior in between.
Q So where the first period may be a year, the
second may be only nine months?
A The record reflects clearly that there was a
period of roughly six months where he did well and wasn't
taking medication and was released from his conditions of
continued employment, that they felt he was doing perfectly
okay.
And obviously, as has been testified to, there was
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a period of two and a half years when he's been medication
non-compliant also, that he also has had some troubles
during that time.
Q Are the conditions that he has -- are the
behaviors that he has consistent with the diagnosis that you
have indicated, the Bipolar Affective Disorder.
A In my opinion they are, yes.
Q And do they lead him to a condition that
renders him incapable of decision making for his own
welfare?
A In my opinion, and that's the case very
clearly. He has not sought to follow through in terms of
his financial circumstances the single greatest benefit he's
likely to get during his lifetime, which would have been
disability retirement from the State because the value of
that exceeds $2,000.00 a month. He won't get close from any
other thing in life. Compare that to the $340.00 a month as
opposed to the $2,100.00 a month, and that very clearly is
an indication of his inability to manage his finances
effectively. I think you have to also consider that he's
not capable of making medical decisions for himself and he
probably needs somebody to take responsibility for that as
he continues to be non-compliant even to this point at
Mayview in terms of taking medication.
Q You've heard the testimony that Mr.
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Heckendorn -- you've been here for the entire proceedings
this morning?
A Yes, I have.
Q To your knowledge was Mr. Heckendorn's
account from Dr. Berk that while David has untreated medical
or mental health issues, that he would be -- he would not be
a candidate for an organ transplant. Does that sound as if
that's accurate?
A That is accurate. The demand for liver
transplants is so high with people who otherwise don't have
problems, and when it's an issue of compliance, you'll have
to take additional medication for organ rejection and there
are a whole host of other issues, and some of those can
create psychiatric side effects.
situation.
It is a complicated
Q But recognizing the fact that this maybe an
eventual life-sustaining procedure, if the mental health
issues are treated as you've suggested with medication as
being the preferred treatment course, then would that
generally render an otherwise ineligible candidate eligible
for a transplant?
A Ordinarily that would. They would expect or
demand a period of a year or two of continued stability
before considering him.
Q So basically the more time that is lost while
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the organ transplant is not crucial, the harder it will be
then to maintain that or obtain that level of stability and
that period of stability that they would require?
A If you review the laboratory studies of liver
function, those have been -- they have remained fairly
stable up to the last ones that he was willing to do, but
he's even been non-compliant in terms of getting his
laboratory studies done in a timely fashion.
Q Do you have a recommendation for the benefit
of the Court to a reasonable degree of medical certainty as
to David's ability to handle his personal and financial
affairs?
A I do.
Q And what is that, doctor?
A It's my opinion, within a reasonable degree
of medical certainty, that he's not capable of handling his
financial affairs and that he also needs a guardian
appointed for his person because of the medical issues that
are involved.
Q Do you have -- because the Court is required
to evaluate this issue -- do you have an expected duration
of this condition, of this incapacity?
A Bipolar disorder is going to be a life long
process. Whether or not he maintains episodes or long
duration of normality is going to depend on whether he's
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going to be compliant with treatment or not.
Q And provided that he were to be compliant
with treatment, his condition may, in fact, disappear.
Correct?
A At some future date that would be a
possibility, but you would want a period of stability of at
least several years before making that decision.
Q Based on the information that you heard, I
want to make sure I'm clear about one issue. The
information you've reviewed indicates he has been
non-compliant with the medication treatment for his mental
health condition since approximately when?
A That goes back a period of several years.
Q Okay.
A He has taken small amounts of medication
during that interval but never for an extended period.
Q Are these medications -- has the course of
medication generally does it require a period of compliance
before it actually reaches an effective dose or -- for
instance, do you have to take the Zyprexa for two weeks
before you would be able to see any actual effects of it?
A Generally speaking Zyprexa alone would not be
the primary treatment of choice, Zyprexa along with other
mood stabilizers would be the treatment of choice and in
most instances you might be able to get some degree of
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control in the course of two weeks.
Q And you've indicated that there are
alternative treatments that may not have been available at
the time when David was last taking medication that are
being utilized now to treat this condition?
A Well, they have been available. They just
had not been used to date.
Q At least with David?
A With David, yes.
MR. WOLF: I have no other questions for Dr.
Hume.
THE COURT: Again, the diagnosis that he has
right now with regard to his mental condition is what, sir?
THE WITNESS: Bipolar Affective Disorder I
with psychosis.
THE COURT: Do you consider that a serious
mental illness?
THE WITNESS: Yes, very problematic mental
illness.
THE COURT: And as a result of that mental
illness, it's your opinion to a degree of medical certainty
that that mental illness impairs David's capacity to make
and communicate decisions?
THE WITNESS: That is correct.
THE COURT: Cross-examine.
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CROSS-EXAMINATION
BY MS. TOMEO:
Q Dr. Hume, it's your testimony then that David
is unable to make decisions in his best interest at this
point?
A That's my opinion.
Q And if David were to continue on and take his
medication, could he still suffer from an episode?
A Yes, he could. He could still experience a
relapse even if he were taking medication.
Q And there's no approximation of time when
these episodes -- there's no indicator when these episodes
may happen?
A No clear indication but the course of it with
the refusing treatment even in a hospital is a more adverse
outlook than you might otherwise run into.
MS. TOMEO: That's all I have.
THE COURT: Redirect.
MR. WOLF: Nothing further.
THE COURT: Doctor, you may step down. Thank
you very much.
MR. WOLF: Your Honor, at this point the
Petitioner would rest and we would move for the admission of
Exhibits 1 through 6 or 1 through 7, excuse me.
THE COURT: Any objection to the exhibits,
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2 MS. TOMEO: No, Your Honor.
3 THE COURT: Petitioner's Exhibits 1 through 7
4 will be admitted to the record.
5 (Whereupon, Petitioner's Exhibits Nos. 1
6 through 7 were admitted into evidence.)
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THE COURT: Anything further?
MR. WOLF: No, Your Honor, not from the
Petitioner.
THE COURT: Ma ' am.
MS. TOMEO: I would like to question David
Heckendorn at this point.
THE COURT: Mr. Heckendorn, please raise
your right hand and the stenographer will administer the
oath.
Whereupon,
DAVID HECKENDORN
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MS. TOMEO:
Q Mr. Heckendorn, please state your name.
A David Heckendorn.
Q Do you know why we're here today?
A Yes, my parents want to take plenary
guardianship so they can gain control of my finances and
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apparently also sign me up for disability retirement.
Q Do you feel like a guardianship is necessary?
A Absolutely not.
Q Can you tell me why?
A Well, I lost my job in December of 2004, but
since then, for all of 2005 and 2006, most of that time I've
been out on my own living despite the fact that I haven't
been able to get employment.
I've been living I've been living within my
I've been managing finances. I've been not
means.
receiving very much in the way of any kind of money from my
parents other than the time that I've been in jail when
they're paying my bills now.
But during that time I have pretty much taken care
of myself, and I've -- I don't really think that it's
necessary for them to have financial control. Also I've
signed up for regular state retirement at the beginning of
this year.
I did it at the beginning of this year to put it
onto the next tax season, but that hasn't been approved, and
now I guess from the testimony my parents are saying that
they're blocking that, me getting my retirement finances.
Those finances would easily payoff any debt that
I have and would provide me with income, monthly income,
while I'm here, but apparently they want me to be on
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1 disability retirement. They have the belief that there's
2 something wrong with me psychiatrically, which is just
3 incorrect.
4 Q So in your opinion you feel like your health
5 is okay to manage your affairs?
6 A I've been managing my affairs most of my
7 life, and I've been pretty much on my own for the last few
8 years that they've been saying that -- well now they want to
9 take my -- take control of my finances, but they haven't
10 been providing me with very much in the way of financial
11 support.
12 I've lived at my parents for maybe a couple months
13 during 2005, but the rest of the time I was out on my own.
14 They didn't provide me with food and shelter and things like
15 that.
16 And in the fall of 2005 I was starting to run low
17 on money, and for most of the time I provided -- I paid the
18 monthly payments, the premiums for health insurance for
19 myself, which to pay them yourself is somewhat expensive,
20 not getting that from an employer.
21 That was around, I believe, three hundred bucks a
22 month, and I was paying that myself. At the end of the fall
23 of 2005 I talked to my parents. I talked to my mom
24 specifically and I told her that I'm running out of money
25 and that I can't -- I don't think I can provide for health
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1 insurance and pay the health insurance bills any longer.
2 I asked if she would provide for that, and she
3 said she would have to think about it, and that was the only
4 answer that I've ever gotten from her, so I'm pretty much on
5 my own.
6 And I was put in this hospital today by a man, Mr.
7 Haley, who is not a doctor and not -- I don't know what he
8 is, but he's definitely not a psychiatrist. He may be a
9 psychologist, but he doesn't have doctor in front of his
10 name.
11 He put me in here, and he did not even evaluate
12 me. He basically -- the most that he did in the line of
13 evaluations was that he may have asked me a couple times if
14 I was suicidal, and I told him that I wasn't, and that's
15 pretty much his evaluation that he's done of me. And that's
16 what's gotten me into Mayview so far.
17 I haven't taken psychiatric meds for -- well, I
18 took psychiatric meds whenever my parents had me
19 hospitalized in 2003, and I took them because my parents
20 told me that I have to take them to get out, and my parents
21 told me that I have to sign myself in voluntarily or
22 insurance wouldn't pay for the hospital stay in 2003. So I
23 did those things at that time, but I haven't taken any meds
24 since then.
25 And in 2004, December 2004, my parents
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hospitalized me again, and I appealed the hospitalization,
and I won the case and got out and here we are again. My
parents still want to put me in the hospital, and there's no
reason for it, and there's no reason for them to have
control of my finances.
Q Lastly, David, is there anything else that
you would like to comment on or address that was brought up
in the previous testimony today?
A I think I pretty much said the things that
I'd like to say. Some of the facts and things are -- I'm
not too sure. They're iffy, and they sounded -- I don't
know, but I pretty much said what I need to say.
I'm surprised that there's a doctor testifying
right now about a supposed condition that I have who has
never even seen me or met me, and I'm not really sure
whether he's working for the prosecution or the defense, but
I'm surprised that his testimony accounts for anything.
MS. TOMEO: Okay. Thank you, David.
THE COURT: Mr. Heckendorn, Mr. Wolf is going
to ask you some questions now.
THE WITNESS: Okay.
CROSS-EXAMINATION
BY MR. WOLF:
Q Good morning, Mr. Heckendorn.
A Good morning.
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Q Sir, obviously you've heard the testimony
since you've been on the phone. I believe you were told,
however, about the testimony of Ms. Miller from the State
Employee Retirement System. Is that correct? Did Ms. Tomeo
talk to you about that at least briefly?
A Ms. Tomeo called me and asked if -- she asked
me if I would do an evaluation, and I refused.
Q Back up a little bit. I'm just saying this
morning. You had asked originally when you were on the
phone --
A I don't believe she said anything this
morning, no.
Q Were you asked about whether or not or you
asked what had happened before you got on the phone,
correct?
A Yeah, she said that there -- well, she said
there was some testimony about state retirement.
Q Exactly. We heard testimony from a Linda
Miller who indicated that in addition to you receiving full
medical benefits from your state retirement, which their
estimated premiums for their coverage was $728.00 per month.
In addition to that, you would receive a benefit
of $1,486.00 per month while on state disability retirement.
Were you aware that that's what the payments would be?
A Yes, I'm aware that financially that is a
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very beneficial thing for me to do, for me to take
disability retirement, although it's, in my opinion,
fraudulent.
So I can't do that, and I don't want to -- I don't
want to take some kind of disability retirement and further
categorize myself the way my parents want to. They want to
believe that I have a psychiatric disorder, which I don't.
Q Okay.
A And that's the reason I'm not interested in
that retirement. I'm trying to get my regular retirement,
which would provide a lump sum benefit which could cover
more than any of my debts.
Q All right. We heard testimony this morning
that said that your retirement would be $315.00 per month.
Does that sound like a number that you had heard before?
A That's what the monthly benefit would be. I
would also get an annuity of about thirty thousand I believe
with that.
Q But the amount that you would receive on a
monthly basis would only be enough to cover the medical
insurance that you spoke of, correct? You said that the
premium
A It would not really provide for medical
coverage, and right now I haven't had medical insurance
since the fall of 2005.
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Q Let me rephrase my question. You said that
your medical coverage that you were paying for in 2005 was
about $300.00 a month, correct?
A Yeah.
Q So the amount that you would receive on a
monthly basis from the annuity would be 315, so it would
really only cover the cost of you continuing medical
coverage for yourself. Does that sound fair?
A If I took regular --
Q If you took the regular retirement.
A Yes, that sounds correct.
Q Now, you said that you were seeking other
employment since --
A The other thing that I want to mention since
you're bringing up the retirement is that I've also filed a
suit against the Department of Health for recovering and
getting my position and my job back.
Q Okay.
A I mean really I was fired on a number of
technicalities, late leave slips, and things of that matter.
Q And so you've appealed that decision?
A Yes, I have.
Q And that decision -- have you gotten a
24 decision on your appeal yet?
25 A I appealed it through the civil service
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commission, which that appeal I've lost. I further appealed
it to Commonwealth Court, and that decision should be
forthcoming, I believe, by the end of this month or very
soon.
Q My question for you then is -- well, I want
to get back to your statement that you've been looking for
other jobs, correct?
A Yes.
Q But did you enjoy your work with the State?
A As much as any job, yes.
Q I understand you were very good at it. Would
you agree with that?
A Yes, I would say that I did my job pretty
professionally.
Q You heard the testimony that your father gave
and that your mother gave. With regard to the incidences at
the house, there were troubles there, correct?
A I didn't hear your question. What was that?
Q There were problems in the past, correct?
A We've had arguments, and there were times
that I broke a few things in the house, but I don't think
that constitutes bipolar disorder or a delusional disorder
or whatever the order du jour is.
Q You understood that Ms. Tomeo was appointed
to represent you, correct?
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A Yeah.
Q And that she had attempted to have Dr. Hume
evaluate you so that there could be an evaluation
independent of whatever was arrived at from Mayview. Were
you aware of that?
A Yes.
Q And you indicated you refused that evaluation
when she called you and asked you if you would work with Dr.
Burne or meet with Dr. Burne. Is that right?
A Correct.
Q Can you tell us why?
A Well, as I told you, what got me into Mayview
here in the first place was a couple words with a man who's
not a doctor, and so it seems as though the Courts and
whoever else have always had the power to be able to put me
into hospitals whenever they want to.
And there doesn't seem to be any real -- it seems
like the prosecution has skipped the burden of proof and now
the burden of proof is on me.
Q Well
A And I'm not really very trusting of doctors
and their evaluations. As I said, there's a number of
different doctors corne up with different things. Some
doctors say there's nothing wrong with me. Some doctors say
bipolar. Some doctors say delusional. There's -- I don't
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have much faith in the medical community.
Q But if this doctor was going to meet with you
with the idea that he would perform an evaluation that may,
in fact, say that there was nothing wrong with you, why
would you refuse to meet with him?
A Well, like I said, I'm not sure who the
doctor works for, the prosecution or the defense, because if
I didn't get evaluated by the doctor why is he now
testifying, and it seems that he's decided that I'm bipolar
without even seeing me.
Q Well, let me ask you this, David.
A Considering that, I think I'm probably in the
right not trusting his opinion.
Q You were told, though, by Ms. Tomeo that she
had arranged for him to evaluate you, right?
A Yes.
Q And you understood that the court appointed
her to represent you and represent your interests?
A Correct.
Q So are you saying that you didn't trust that
she had found somebody that would evaluate fairly?
A Correct.
Q And is that based on anything that she has
done or said to you that you did not feel was in your best
interest?
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A Well, originally I lost the temporary plenary
guardianship hearing the day of the hearing. Ms. Tomeo carne
to the jail and asked if I wanted to go to the hearing,
which I had not really had a chance to have any kind of
consult with her.
So I declined to go to the hearing because of that
and because my understanding is that the prosecution really
has to provide the burden to show that there was a necessity
for my parents to take away my financial rights.
Q Let me ask you this, David. Do you doubt
your parents' motivation that they want to help you?
A I think my parents are misguided. They claim
that I'm disabled, and I'm not.
Q But aside from that, do you think that they
want to work to whatever they feel is in your best interest?
A I don't think they're going to do anything to
hurt me.
Q Okay. That's fair. You indicated that the
only reason that you took the medication before was because
you were told that that's what would get you out of the
hospital. Is that right?
A Correct.
Q How long did you take the medication?
A I took it on and off. I would stop sometimes
whenever I was in the hospital in 2003, but I took it on and
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off during that stay.
Q Were there problems with the side effects
that were problems for you?
A I think -- yes, a number of those medications
cause drowsiness.
Q Did it cause that for you?
A Yes, I think so, but that's not really the
important part. The important part to me is that I didn't
-- I don't need those medications.
Q 0 ka y .
A There's nothing wrong with me.
Q And are you saying that no matter how many
evaluations or how many doctors tell you otherwise, that
that's going to be the belief you maintain?
A Yes.
MR. WOLF: I have nothing further, Your
Honor.
THE COURT:
MS. TOMEO:
THE COURT:
Redirect.
No, Your Honor.
Thank you.
Is there anything
else, Ms. Tomeo?
MS. TOMEO: No, Your Honor.
THE COURT: Okay. Record lS then closed.
Ms. Tomeo, do you have anything to say?
MS. TOMEO: Not at this point, Your Honor.
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1 THE COURT: Mr. Wolf.
2 MR. WOLF: Your Honor, I believe that the
3 Petitioner has presented clear and convincing evidence of
4 the incapacity to support the appointment of a permanent
5 guardian of the person and of the estate of David Heckendorn
6 based on the testimony presented by Dr. Hume, the factual
7 testimony presented by the two witnesses, as well as the
8 third witness which substantiates the effect of the
9 financial decisions that Mr. Heckendorn has made for
10 himself.
11 We would submit that the Court most appropriately
12 apppoint Mrs. Heckendorn as David's permanent guardian so
13 that she might be able to continue to maintain his best
14 interest both financially and for the decisions of his
15 person. We would ask that the Court enter this order at the
16 earliest possible opportunity.
17 THE COURT: Okay. I'm prepared to enter this
18 order: AND NOW, this 20th day of April, 2006, upon
19 consideration of the petition of Mary Anne Heckendorn, and
20 after hearing held following due notice, the Court does find
21 by clear and convincing evidence that David F. Heckendorn
22 does suffer from Bipolar Affective Disorder I with
23 psychosis, a serious mental illness that impairs his ability
24 and renders him unable to make and communicate decisions.
25 This condition appears to be long-standing and based on Dr.
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1 Hume's testimony will continue throughout the lifetime of
2 David F. Heckendorn, and, therefore, he is in need of
3 guardianship services and those services will be plenary in
4 nature.
5 It is adjudged that David F. Heckendorn is a
6 totally incapacitated person and Mary Anne Heckendorn is
7 appointed plenary guardian of the person and estate of David
8 F. Heckendorn. Given the fact that the Petitioner is David
9 F. Heckendorn's mother, no bond shall be required in this
10 case.
11 Mr. Heckendorn, you understand at this point that
12 counsel has been appointed to represent you at no cost and
13 that such representation will continue. You do have the
14 right to appeal this decision to the Superior Court of
15 Pennsylvania, and Ms. Tomeo is familiar with the time
16 requirements for such an appeal.
17 You also have the ability to file a petition to
18 modify or terminate this guardianship should your condition
19 improve and that you're capable of providing evidence to
20 support such a petition. Do you understand those rights,
21 sir?
22 MR. HECKENDORN: Yes, I do.
23 THE COURT: Thank you. We'll stand in
24 recess.
25 (Whereupon, Court adjourned at 12:00 p.m.)
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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
the same.
~4lJ ~ p-, ~.a f1d I~ 1f
Laura F. Handley
Official Court Reporter
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and
directed to be filed.
t/,qlOb
Date
M. L. ~t~Jr.0\