HomeMy WebLinkAbout05-09-12._,.,
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Susan J. Hartman, Esquire ~ !' _ =~. _
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Attorney ID #65184 ,- ',_
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Duncan & Hartman, P.C. `l' ~ -
1 Irvine Row ~„
Carlisle Penns lvania 17013 ~`-~_~ ~~
Y Attorney for Petitioner ~_„~ ;. _,: -~=;
Telephone: (717-249-7780) Dawn M. Sm~zer r,~, `" ~~
IN RE: : IN THE COURT OF COMMON PLEAS OF
EMILY A. SMOKER :CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
. No: ~~_~Z _,~.y0
PETITION FOR APPOINTMENT OF GUARDIAN
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Petitioner, through her undersigned attorney, petitions Your Honorable Court for her
appointment as GUARDIAN of the person of EMILY A. SMOKER, and in support thereof
respectfully request:
1. Petitioner, Dawn M. Smoker, of 104 Louisa Lane, Mechanicsburg, Cumberland
County, Pennsylvania, 17050, a sui juris adult. is the natural mother of EMILY A. SMOKER.
2. EMILY A. SMOKER, is an 17 year old single adult female whose birthday is August
21, 1994.
3. EMILY A. SMOKER, resides with the Petitioner at 104 Louisa Lane, Mechanicsburg,
Cumberland County, Pennsylvania 17050 and does not receive residential services.
4. EMILY A. SMOKER attends the Northwestern Human Services Autism School, 898
Waggoner's Gap Road, Carlisle, Cumberland County, Pennsylvania.
5. EMILY A. SMOKER, is an alleged mental incompetent as is evidenced by a letter
from Jeannette C. Ramer, M.D. and Stephen J. Krebs, M.D., who indicate that EMILY A. SMOKER
has severe mental disabilities, including mental retardation, low functioning autism, aggressive
behavioral problems and she has limited verbal abilities and is unable to communicate. Said letters
are incorporated by reference and attached at Exhibits "A" & "B".
6. The proposed Guardian has no interest that is adverse to those of EMILY A.
SMOKER.
7. The Petitioner is willing to serve as Guardian of EMILY A. SMOKER, an alleged
mental incompetent, and she has signed a consent letter which is attached as Exhibit "C".
8. The natural father, John Smoker V, is divorced from the Petitioner and has consented
to this Petition. A copy of his consent is attached hereto as Exhibit "D".
9. It is the position of the Petitioner that Guardianship is necessary in order to secure
medical and social services on behalf of EMILY A. SMOKER.
10. EMILY A. SMOKER, is unable to manage her property, or is liable to dissipate it
or become the victim of designing persons and lacks sufficient capacity to make or communicate
responsible decisions concerning her person.
11. The Petitioner is the mother of EMILY A. SMOKER.
12. The Petitioner believes that there exists no less restrictive alternative in view of the
mental disabilities of EMILY A. SMOKER.
13. No other petition has been filed for the appointment of a Guardian for the alleged
incompetent.
WHEREFORE, Petitioner respectfully request that she be appointed Plenary Guardian of her
daughter, EMILY A. SMOKER, both of her person and of her property.
Duncan & Hartman, P.C.
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Susan J. Hartman, E`squi
Attorney for Petitioner -~
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VERIFICATION
I verify that the statements made in the foregoing Petition for Appointment of Guardian
Complaint are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
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Date : `~ -_>> -~ ~ ,~ ~ /~~.. _~ _,~ ~ ~ =__- ~ _ _
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Da n M. Smoker
PENNSTATE
Children's Hospital
Department of Pediatrics Penn State Children's Hospital Tel: (717) 531-8414
Roger L. Ladda, MD Division of Human Genetics, Penn State Milton S. Hershey Medical Center Fax: (717) 531-0276
David S and Amy S Goldberg Growth & Development Department of Pediatrics, H085
Professor of Genetics 500 University Drive, P.O. Box 850
and Pediatrics Hershey, PA 17033-0850
Chief, Division of Human
Genetics, Growth and
Development
February 22, 2012
Patricia L. Gordon, MD
Assistant Professor
of Pediatrics
Jeanette C. Ramer, MD
Professor of Pediatrics
Director, Medical Pediatric
Rehabilitation
Developmental Pediatrician
Cheryl D. Tierney, MD, MPH
Assistant Professor of Pediatrics
Developmental Pediatrician
Mark Domoto, MEd
Developmental Specialist
717 531 7776 Tel
Susan L. Sell, MS, CGC
Certified Genetic Counselor
Ms. Dawn Smoker
104 Louisa Lane
Mechanicsburg, PA 17050
RE: SMOKER, Emily A.
Birthdate - 8/21/94
MSI-~.4C #0911747
To Whom It May Concern:
This letter is to certify that Emily Smoker has severe Autism and moderate to significant
cognitive impairment. The degree of overall impairment is such that she would not be
able to manage her own affairs, understand use of money or even complete activities of
daily living. She needs supervision at all times because of very poor judgment, as well as
assistance with taking medication and supervision of toileting.
I have been treating Emily since 2002 and have continued to follow her to the present
time. Her last visit was in October 2011. In my professional opinion, she will not
materially change in her ability to understand the world around her or manage her own
affairs, and, therefore, will continue to be dependent and in need of guardianship. Her
mother has always acted in Emily's best interests, provides excellent care for her, and
administers medications as appropriate
If additional information is needed, please contact my office at 717/531-8414.
Sincerely,
Jeanette C. Ramer, M.D.
Developmental Pediatrician
JCR/jw
EXHIBIT
An Equal Opportunity University
CARLISLE PEDIATRIC ASSOCIATES
A PROFESSIONAL CORPORATION
STEPHEN J. KREBS, M.D. h10LLY C. HOFFMAN, M.D.
J. LYNN HOFFMAN, M.D. ELISEO ROSARIO, JR., M.D.
DEBORAH RAUBENSTINE, M.D. ELENA MAN, M.D.
STEPHANIE R. WATERS, M.D. QIANNA RUDY, PA-C
804 BELVEDERE STREET, CARLISLE, PA 17013
243-1943
February 15, 2012 I
''
To Whom It May Concern:
Emily Smoker is not capable of self-care. She will need a guardian to look after
her physically and to take appropriate decisions for her. She is not capable of doing these
by herself due to severe autism.
Practice Phone Number: 717-243-1943
Sincerely,
~~~ ~
Stephen J. Krebs, M.D.
EXHIBIT
IN RE: : IN THE COURT OF COMMON PLEAS OF
EMILY A. SMOKE :CUMBERLAND COUNTY, PENNSYLVANIA
AN INCOMPETENT :ORPHAN'S COURT DIVISION
. NO:
CONSENT TO BE APPOINTED GUARDIAN
Dawn M. Smoker, being duly sworn according to law, deposes and say that she agrees to
serve as the guardian for her daughter, EMILY A. SMOKER.
My residence is 104 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania.
My occupation is medical reimbursement technician for Lebanon V.A. Hospital.
I speak, read and write in the English language.
I do not have any interest adverse to EMILY A. SMOKER.
I am not a fiduciary or an officer or employee of a corporate fiduciary of an Estate in
which the alleged incompetent has an interest; not the surety, or an officer or employee of a
corporate surety of such a fiduciary,
Dawn M. Smoker
Sworn to and subscribed
before me this `3 day of May, 2012.
~~
Notary
COHIMONWEALTH OF~~ P~NNS~LVANIA
NOTARIAL SEAL
JOAN D. ADAMS, Notary Public
Carlisle Boro., Cumberland County
My Commission Expires March 15, 2015
EXHIBIT
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February 19, 2012
To Whom It May Concern,
I acknowledge that Dawn Smoker is the guardian for Emily Smoker (born August 2~, 1994), and
will be once Emily reaches the age of 18. She will have the authority to make any and all decisions
concerning Emily's health and well-being, including financial and living arrangements.
With this decree, I am stating that Ms. Dawn Smoker will be the sole person to make any
decision for Emily Smoker now and once she becomes an adult. In the event of Dawn's death, Dawn will
have the authority to make the choice of guardian in her will, or however she chooses to make that
known. ~ ~
John;tienry ~rrho~e~
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EXHIBIT