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HomeMy WebLinkAbout05-24-12I Duncan & Hartman, P.C. Susan J. Hartman, Esquire I Irvine Row, Carlisle, Pennsylvania 17013 7l 7.249-7780 717.249-7800 FAX Attorney ID 65184 1N RE: EMILY A. SMOKER AN ALLEGED INCAPACITATED n ~~ ~ _2.. ~.' :~ ;_ ~~ r. c~; :'~ '__ ~ f .r, ~8~a ,..~. _. __ ~< rv - - .~, - , r,~ '::.-; ~. ~ IN THE COURT OF COMMON PLEAS OF Y, CUMBERLAND COUNTY, PENNSYLVANIA PERSON :ORPHANS' COURT DIVISION NO. 21-12-0540 MOTION TO ALLOW TESTIMONY OF PHYSICIAN BY WRITTEN DEPOSITION Petitioner Dawn M. Smoker, by and through her attorney, Susan J. Hartman, sets forth the following: 1. Petitioner filed a Petition pursuant to Section 5511 of the Probate, Estates and Fiduciary Code to adjudicate Emily A Smoker to be incapacitated and to appoint a Guardian for her Person and her Estate. 2. Testimony by Jeanette C. Ramer, M.D. is required in order to establish the existence of the criteria necessary to adjudicate Emily A. Smoker to be incapacitated. 3. A hearing upon the Petition has been set for June 12, 2012. 4. Dr. Ramer will be unavailable to testify by telephone or video from June 8, 2012 through June 24, 2012 because she will be on vacation. 5. Petitioner proposes to enter the testimony of Dr. Ramer by way of a written deposition, a copy of which is attached hereto and marked Exhibit "A". 6. Lisa M. Coyne, Esquire, appointed counsel for Emily A. Smoker, has been apprised of these circumstances and has consented to entering the testimony of Dr. Ramer by way of a written deposition. WHEREFORE, Petitioner requests your Honorable Court grant permission to allow the testimony of Dr. Jeanette C. Ramer to be entered into the record by way of written deposition. Dated: May 24, 2012 Respectfully submitted, IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: Emily A. Smoker An alleged incapacitated person NO. 21-12-0540 On the Petition of Dawn M. Smoker WRITTEN DEPOSITION OF INDIVIDUAL QUALIFIED TO RENDER OPINION AS TO INCAPACITATION This written deposition of Dr. Jeanette C. Ramer, M.D., a witness in this matter, is taken on the day of , at ,Pennsylvania. Please state your name and your professional address. 2. Please describe your education, training and background with particular emphasis on your expertise in evaluation of individuals with incapacities OR attach to this written deposition your curriculum vitae. EXfiIBIT -~ 3. In your professional capacity, have you had the opportunity to meet with, examine, speak with and otherwise become acquainted with Emily A. Smoker? If yes, please state the following: I first became acquainted with Emily A. Smoker on when she was brought to my attention by I have since (visited, spoken with, examined or treated) her on (circle applicable contacts) times per other occasions with an average frequency of (day/week/month/year) 4. Please evaluate the present condition of this patient with respect to incapacities of the type alleged in the Petition for Adjudication of Incapacity? In particular, please comment on the nature and extent of the alleged incapacities and disabilities and also, insofar as you are able, her mental, emotional and physical condition, adaptive behavior and social skills. Based upon my education, training and experience, as well as my acquaintance with this patient, it is my opinion, to a reasonable degree of medical certainty that her incapacities are as follows: Mental condition Emotional condition Physical condition Adaptive behavior Social skills 5. Based upon your education, training and experience, and your contacts with this patient, do you have an opinion, to a reasonable degree of medical certainty, whether she is impaired in her ability to effectively receive and evaluate information and to make and communicate decisions in any way? If so, please explain your opinion. 6. If you are of the opinion that she is impaired in her ability to effectively receive and evaluate information and to make and communicate decisions in any way, does such impairment render her either partially or totally unable to manage her financial resources? If yes, check whether such impairment renders her: Partially unable, to manage her own finances. Totally unable to manage her own finances. Please explain your opinion. 7. If you are of the opinion that she is impaired in her ability to effectively receive and evaluate information and make and communicate decisions in any way, does such impairment render her either partially or totally unable to meet the essential requirements for her physical health and safety? If yes, check whether such impairment renders her: Partially unable, to meet essential requirements for her physical health and safety Totally unable to meet essential requirements for her physical health and safety Please explain your opinion 8. Please provide an assessment of the severity of any impairments of this patient. Impairment (Circle One) a) mild moderate severe Impairment (Circle One) b) mild moderate severe c) mild moderate severe d) mild moderate severe e) mild moderate severe f) mild moderate severe g) mild moderate severe h) mild moderate severe 9. Is the condition of this patient such that because of her condition she would be susceptible to undue influence by unscrupulous or designing persons? If so, what services or assistance would you recommend as necessary to appropriate management of this patient's finances? 10. What services or assistance would you recommend as necessary to meeting the health and safety needs of this patient? 11. Are the services or assistance recommended the least restrictive alternative? Does the patient need the services of the guardian to make decisions regarding the patient's healthcare, safety and financial resources? In other words, could the patient evaluate, communicate and make decisions regarding her health treatment, safety and financial resources in important matters without the guardian? If not, please explain why less restrictive alternatives are inappropriate. 12. Based upon your education, training, experience and familiarity with this patient, what is your opinion as to the likelihood that the degree of incapacitation will significantly change? 13. Would the physical or mental condition of this patient be harmed by her presence in open court? NOTE: Pennsylvania law, 20Pa.C.S. § 5511(a)(1), requires that the alleged incapacitated person be present at the hearing unless a physician or licensed psychologist provides by testimony or sworn statement, an opinion that her physical or mental condition would be harmed by her presence in court. If yes, please explain. VERIFICATION verify that the statements made in the foregoing deposition are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Signature of Deponent Dated: STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ON THIS, day of , 20 , before me a Notary Public, personally appeared known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public