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Home My WebLink About10-10-07 IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION CHRISTINE ROBIN MOIST, an alleged incapacitated person: NO. 21-07-0864 IN RE: EMERGENCY PETITION TO ADJUDICATE INCAPACITATED [PERSON] AND APPOINT GUARDIANS OF THE PERSON AND ESTA~& BEFORE OLER, J. I') -; I C:.l ORDER OF COURT AND NOW, this 5th day of October, 2097, u~ t:.;l. consideration of the Emergency Petition To Adjudicate r~ Incapacitated [Person] and Appoint Guardians of the Person and Estate, and following a hearing held on this date, it is ordered and directed as follows: 1. Christine Robin Moist is adjudicated an incapacitated person on an emergency basis; 2. Petitioner Mary M. Smith is appointed emergency plenary guardian of the person of Christine Robin Moist; 3. Petitioner Susan H. Naylor is appointed emergency plenary guardian of the estate of Christine Robin Moist; 4. No bond shall be required of either guardian; 5. The terms of the emergency guardianships created herein shall be limited in accordance with Section 5513 of the Probate, Estates and Fiduciaries Code. v Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 For Petitioners Lorin A. Snyder, Esquire 28 South Pitt Street Carlisle, PA 17013 Court-appointed counsel For Christine Robin Moist :mae By the Court, IN RE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION CHRISTINE ROBIN MOIST, an alleged incapacitated person: NO. 21-07-0864 IN RE: EMERGENCY PETITION TO ADJUDICATE INCAPACITATED [PERSON] AND APPOINT GUARDIANS OF THE PERSON AND ESTATE BEFORE OLER, J. OPINION and ORDER OF COURT Oler J., October 5, 2007. At issue in the present case is whether Christine Robin Moist should be adjudicated an incapacitated person on an emergency basis and, if so, whether her sister, Mary M. Smith, should be appointed emergency plenary guardian of her person, and her sister, Susan H. Naylor, should be appointed emergency plenary guardian of her estate. A hearing was held in this matter on October 5, 2007. The allegedly incapacitated person was not present for the hearing pursuant to an Order of Court excusing her presence based on medical testimony, and with the concurrence of her court-appointed counsel, Lorin A. Snyder, Esquire, who was present. 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 1. The allegedly incapacitated person is Christine Robin Moist, an adult domiciliary of Cumberland County, whose most recent residence was 316 Wildwood Road, Carlisle, Cumberland County, Pennsylvania; she is presently a patient at Health South in Mechanicsburg, Cumberland County, Pennsylvania; 2. Christine Robin Moist was born on March 4, 1969; 3. Petitioner Mary M. Smith is an adult individual residing at 306 Hickory Hill Terrace, Harrisburg, Dauphin County, Pennsylvania, and is a sister of the allegedly incapacitated person; 4. Petitioner Susan H. Naylor is an adult individual residing at 692 Losh Road, Shermansdale, Perry County, Pennsylvania, and is also a sister of the allegedly incapacitated person; 5. The allegedly incapacitated person was involved in a one vehicle motorcycle accident on September 3, 2007, as a result of which she is presently in a comatose condition; 6. The comatose condition is associated with a diagnosis of encephalopathy resulting from a closed head injury incident to trauma arising out of the accident; 7. As the result of her aforesaid condition, the allegedly incapacitated person's ability to receive and evaluate information effectively and communicate decisions is impaired to such a significant extent that she is totally unable to manage her financial resources and totally unable to meet essential requirements for her physical health and safety; 8. The prognosis with respect to the allegedly incapacitated person at this point is guarded; 9. The value of the allegedly incapacitated person's estate is modest, the estate consisting primarily of a mobile home and bank deposits of approximately $30,000; 10. The appointment of an emergency guardian of the allegedly incapacitated person's person and estate is necessary to prevent irreparable harm to her person and estate; 11. The Petitioners are qualified under the Probate, Estates and Fiduciaries Code to act in the requested capacity of guardians of her person and estate; and 12. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION Under Pennsylvania law, an emergency guardian of the person and/or estate may be appointed in the case of a person alleged to be incapacitated "when it appears that the person lacks the capacity, [the person] is in need of a guardian[,] and a failure to make such appointment will result in irreparable harm to the person or estate of the alleged incapacitated person." Act of June 30, 1972, P.L. 508, Section 2, as amended, 20 Pa. C.S. Section 5513. An "incapacitated person" is an adult whose ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that he [or she] is partially or totally unable to meet his [or her] financial resources or to meet essential requirements for his [or her] physical health and safety. Id., Section 5501. Proof in such a case must be by clear and convincing evidence. Id., Sections 5511(a), 5513. In the present case Petitioners have demonstrated by clear and convincing evidence that an emergency adjudication of incapacity and appointment of a guardian of the person and estate as specified hereafter are appropriate. For this reason, the following order will be entered: ORDER OF COURT AND NOW, this 5th day of October, 2007, upon consideration of the Emergency Petition To Adjudicate Incapacitated [Person] and Appoint Guardians of the Person and Estate, and following a hearing held on this date, it is ordered and directed as follows: 1. Christine Robin Moist is adjudicated an incapacitated person on an emergency basis; 2. Petitioner Mary M. Smith is appointed emergency plenary guardian of the person of Christine Robin Moist; 3. Petitioner Susan H. Naylor is appointed emergency plenary guardian of the estate of Christine Robin Moist; 4. No bond shall be required of either guardian; 5. The terms of the emergency guardianships created herein shall be limited in accordance with Section 5513 of the Probate, Estates and Fiduciaries Code. By the Court, S/ J. Wesley Oler, Jr. J. Wesley Oler, Jr., J. Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 For Petitioners Lorin A. Snyder, Esquire 28 South Pitt Street Carlisle, PA 17013 Court-appointed counsel For Christine Robin Moist :mae III Re: CHRISTINE ROBIN MOIST ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA NO. 21-07-0864 CERTlFICA TE OF SERVICE OF ORDER URDER DATE: 10/05/07 ./UDGE'S INITIALS: JWO TIME STAMP DATE: 10/10/07 IN RE: ORDER OF COURT & OPINION AND ORDER SERVICE TO CHARLES E PETRIE ESQ AND LORIN A SNYDER ESQ METHOD OF MAILING: ENVELOPES PROVIDED BY: [g] USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER [g] JUDGE o CLERK OF ORPHANS COURT MAILED: 10-10-07 SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: o USPS DRRR o HAND DELIVERED o OTHER o PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: