HomeMy WebLinkAbout96-00977
IN THE MATTER OF
IN THE COURT OF COMMON 1'1.Jo:AS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
TAMMY HOCK
An Alleged
Incapacitated Person
NO.
INCAPACITATED PERSON
PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN
OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5513
1) Your Petitioner is Robert L. O'Brien, Esquire, Solicitor for
the cumberland/Perry Mental Health/Mental Retardation Office.
2) Respondent is Tammy Hock residing at Drexel Hills Group
Home, 1026 Drexel Hills Blvd., New Cumberland, Pennsylvania, 17070.
Respondent is an adult individual being presently 30 years of age with
a birth date of November 29, 1965. Attached hereto, marked as Exhibit
"A", and incorporated herein by reference is a Petition prepared by
the Cumberland County MH/MR Office. Attached hereto, marked as
Exhibit "B", and incorporated herein by reference is notarized
statement from Dr. Ellen Geminiani.
3) Petitioner requests that the Court appoint Genevieve Hock,
as guardian for the limited purpose of consenting to the placement of
Tammy Hock into community based or institutional services, and to
execute any documentation needed to facilitate the placement of Tammy
Hock into said program.
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
TAMMY HOCK
An Alleged
Incapacitated Person
NO.
INCAPACITATED PERSON
NOTICE
A petition to have you adjudged an incapacitated person has
been filed with this Court by Robert L. O'Brien, Esquire. A hearing
is scheduled in this matter for ' the
day of ' 1996, at a.m./p.m., in
Courtroom U , Cumberland County Courthouse, Carlisle,
Pennsylvania. You are strongly encouraged to be present at the
hearing, and you are warned that important rights may be lost as a
result of the proceeding. You have the right to be represented by
counsel and the right to request the appointment of counsel and to
have counsel so appointed paid by the Court where you are unable to
afford to pay an attorney.
The Court of Common pleas of Cumberland County is required by law
to comply with the Americans with Disabilities Act of 1990. For
information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72
hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Fourth Floor
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
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~~ !lock
Alil -GtD ItlCCI1PE:Tt:1T
I IS THE COCRT or COlvlOIII PLEAS
I , catnI'l'Y, ~t'lIII.w V1.NIA
I
I ORPHANS I COURT DIVISION
I IS RE 110.
I9 Tm: I~TTER OF
P!:T!~O~ FOR APPIJUrrMEN'r OF A
'1'!HPORAR't GUi\RDIAN OF THE P!'RSON
pURSU~~ TO 20 Pa, C.S.A. 5513
~e Ped den ef
Tanmy Hock
. r"geet~ully
r.pruen~s :
1. Your Petitione-r -is Mrs. Genevieve Hock
,.
r
2. Tanmy Hock
Drexel Hills Group Home
is cur:enely reeeiving care at
3. Tamny Hock
dOllliciled at. 1026 Drexel Hills Blvd..
New Cumberland. PA 17070
4.
Tamny Hock
is
30
years of age
having been bor~ on
11/29/1965
5.
Tamny Hock
marital s~aens is singlQ.
never rrerried
6. Those 915r5ons. if any. who are aaa Tarrmv Hock'!'l.
nex~-of-kin and their relaeionshi~ eo same. of whom your
Petitioner has knowledge are as fellows:
Mrs. Genevieve Hock. t-bther
.
. .
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
TAMMY HOCK
An Alleged
Incapacitated Person
NO. 21-96-977
INCAPACITATED PERSON
AND NOW, this 26th day of December, 1996, upon
consideration of the Petition for Appointment of a Temporary
Guardian of the Person Pursuant to 20 Pa. C.S.A. 5513, and
following a hearing held at the Cumberland County Courthouse at
which the allegedly incapacitated person was present, Tammy Hock
is adjudicated an incapacitated person, and her mother,
Genevieve Hock, residing at 12 Hilltop Lane, Newville,
Cumberland County, Pennsylvania, is appointed temporary partial
guardian of her person for the purpose of executing a "2176
waiver" and any other necessary documents to effect her
daughter's continued participation at the facility known as the
Drexel Hills Group Home in New Cumberland, Cumberland County,
Pennsylvania. This appointment shall expire following the
accomplishment of this function. No bond shall be required of
the guardian.
Notice is hereby provided in person to Tammy Hock
of her right to appeal and to petition to modify or terminate
\
IN THE MATTER OF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
TAMMY HOCK
An Alleged
Incapacitated Person
NO. 21-96-977
INCAPACITATED PERSON
IN RE: PETITION FOR APPOINTMENT OF A TEMPORARY GUARD I
OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5513
BEFORE OLER. J.
OPINION ANn ORDER OF COURT
oler, J.
At issue in the present case is whether Tammy
Hock should be adjudicated an incapacitated person and, if so,
whether her mother, Genevieve Hock, should be appointed
temporary partial guardian of her person. A hearing was held on
the matter on Thursday, December 26, 1996, before the
undersigned judge. The allegedly incapacitated person was
present for the hearing. Based upon the evidence presented at
the hearing, the following Findings of Fact, Discussion and
Order of Court are made and entered:
FINDINGS OF FACT
The allegedly incapacitated person is Tammy Hock,
a 31-year-old (date of birth November 29, 1965) adult individual
residing at the Drexel Hills Group Home at 1026 Drexel Hills
Boulevard, New Cumberland, Cumberland County, Pennsylvania.
2. petitioner is Robert L. O'Brien, Esquire,
solicitor for the Cumberland/Perry Mental Health/Mental
Retardation Office.
3. Ms. Hock, since birth, has been in the
severely mentally retarded range.
4. As a result of that condition, Ms. Hock's
ability to receive and evaluate information and make and
communicate decisions has been impaired to such a significant
extent that she is unable to meet essential requirements for her
physical health and safety in the form of deciding whether to
execute a "2176 waiver" for purposes of federal funding and
other documents necessary for her continued participation at the
Drexel Hills Group Home.
5. Guardianship services are necessary for Ms.
Hock, notwithstanding the personal assistance which she receives
from her mother and father and from services provided by the
county.
6. Based on the aforesaid condition of Ms. Hock
and her lack of capacity to make and communicate decisions in
the regard mentioned, a temporary and partial guardianship with
respect to her person is required.
7. The duration of this guardianship shall be
until the guardian has executed the necessary "2176 waiver" and
secured Ms. Hock's continued participation in the aforesaid
program, if the guardian feels that such measures are in the
interest of her daughter.
B. Pursuant to 20 Pa. e.s. Section ss12.1(b), it
is found that Ms. Hock is partially incapacitated and in need of
temporary partial guardianship services of her person.
9. The mother of Ms. Hock is a person qualified
under 20 Pa, C.S. section 5511(f) to serve as guardian of her
personl Genevieve Hock resides at 12 Hilltop Lane, Newville,
Cumberland County, Pennsylvania.
10. It appears that Ms. Hock's condition is of an
indefinite nature in terms of duration.
11. The foregoing Findings of Fact are made on
the basis of clear an convincing evidence.
DISCUSSION
The provisions respecting adjudication of
incompetency have recently been amended and are contained in 20
Pa, C.S. Sections 5501 et seq. petitioner has substantially
complied with these provisions, and, based upon the foregoing
Findings of Fact, the following Order will be entered:
ORDER OF COURT
AND NOW, this 26th day of December, 1996, upon
consideration of the Petition for Appointment of a Temporary
Guardian of the Person pursuant to 20 Pa. C.S.A. 5513, and
following a hearing held at the Cumberland County Courthouse at
which the allegedly incapacitated person was present, Tammy Hock
is adjudicated an incapacitated person, and her mother,
Genevieve Hock, residing at 12 Hilltop Lane, Newville,
Cumberland County, pennsylvania, is appointed temporary partial