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HomeMy WebLinkAbout04-13-07 (2) INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHAN'S COURT DIVISION STEPHANIE BAILES : CIVIL ACTION - APPOINTMENT OF AN : EMERGENCY GUARDIAN : NO. 07-316 PETITION OF KIM WOLF AND JENNIFER WILLIAMS SUPPORTING EXTENSION OF APPOINTMENT OF AN EMERGENCY GUARDIAN OF THE PERSON OF STEPHANIE BAILES. AN INCAPACITATED INDIVIDUAL. PURSUANT TO 20 Pa.C.S. 6 5513 TO THE HONORABLE JUDGE OLER: 1. On April 12, 2007, The Honorable Judge J. Wesley Oler, Jr. in the Court of Common Please of Cumberland County, Pennsylvania, Orphan's Court Division, issued an order appointing both Kim Wolf and Jennifer Williams as the emergency plenary co-guardians of the person of Stephanie Bailes, an incapacitated individual for seventy-two (72) hours. 2. The Order issued by Judge Oler on April 12, 2007 is set to expire on April 16, 2007 at 11 :59 p.m. 3. The person of Stephanie Bailes is alleged to be an incapacitated individ~1 ( -~) .- --' --'; pursuant to 20 Pa.C.S. ~ 5501. ,.-) ,.....J 4. A hearing for the adjudication of incompetency and appointmentofa c.) -'~f guardian of the person of Stephanie Bailes has been scheduled befbre' this~;: "-~,,...,1 Honorable Court on May 4, 2007 at 11 :00 a.m. r'-0 5. Therefore, there will be a lapse of seventeen (17) days from April 17, 2007 to May 4, 2007 where the person of Stephanie Bailes will have no guardian. 6. As a result, given her extreme condition, this could result in irreparable harm to the person of Stephanie Bailes. (20 Pa.C.S. ~ 5461(g)(2)). 7. Therefore, it is imperative that the person of Stephanie Bailes have an emergency guardian appointed until May 4, 2007 at 11 :00 a.m. 8. Furthermore, 20 Pa.C.S. ~ 5513 allows for the seventy-two (72) hour emergency order to be extended for an additional 20 days from the expiration ofthe initial emergency order. WHEREFORE, Petitioners respectfully request that this Court extend the appointment of emergency co-plenary guardianship of Petitioners for twenty (20) days from April 16, 2007. Date: 1.11, 3) 01-- ~fJ1~'c1lC, ~/v~ \ Robin M. Davis Certified Legal Intern 11 ~~ ~~A Megan iesmeyer Supervising Attorney The Disability Law Clinic 45 North Pitt Street Carlisle, P A 17013 (717) 243-3696 VERIFICATION We verify that the statements made in the foregoing PETITION SUPPORTING APPOINTMENT OF AN EMERGENCY GUARDIAN OF THE PERSON are true and correct, to the best of our knowledge, information and belief. We understand making a false statement would subject us to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsifications to authorities. Date: t-f J / ~ 10 1- ~\YvL~' Robin M. Davis Certified Legal Intern Date: 4/r3/0'7 ~~~~~~ Mega lesmeyer Supervising Attorney IN RE: IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 07-316 ORPHANS' COURT STEPHANIE BAILES IN RE: PETITION 01' !tIM WOLF AND JENNII'ER WILLIAMS SUPPORTING APPOIN'l'MENT 01' AN EMERGENCY GUARDIAN OF THE PERSON OF STEPHANIE BAILES, AN INCAPACITATED INDIVIDUAL, PURSUANT TO 20 Pa.C.S. CR. 5513 BEFORE OLER, J. ORDER OF COURT AND NOW, this 12th day of Ap~il, 2007, upon consideration of the Petition of Kim Wolf and Jennifer Williams supporting appointment of an emergency guardian of the person of Stephanie Bailes, an incapacitated individual, pursuant to 20 Pa.C.S. Chapter 5513, and following a hearing held on this date, it is ordered, adjudged, and decreed as follows: 1. Stephanie Bailes is adjudicated an incapacitated person on an emergency basis. 2. Petitioners Kim Wolf and Jennifer Williams are appointed emergency plenary co-guardians of Ms. Bailes' person, with either co-guardian being authorized to act independently and without the other co-guardian's consent on behalf of Ms. Bailes. 3. The guardianship of the person created herein on an emergency basis shall extend for a period of 72 hours, subject to the guardians' right to apply for an extension of 20 additional days. Virginia Spiess, Certified Legal Intern Anne MacDonald-fox, Esquire The Disability Law Clinic 45 North Pitt Street Carlisle, PA 17013 For Petitioner.s :mae