HomeMy WebLinkAbout06-13-12IN RE: EMILY A. SMOKER
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PL~ CEY, C.P.J., 12 JUNE 2012
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IN THE COURT OF COMMON PLEAS OF
THE NINTH JUDICIAL DISTRICT
NO: 21-12-0540 ORPHAN'S COURT
OPINION
At issue in this present case is whether Emily A. Smoker should be adjudicated
an incapacitated person on a permanent basis, and, if yes, whether Dawn M. Smoker
should be appointed plenary guardian of her person and estate. A hearing was held in
this matter on 12 June 2012. The allegedly-incapacitated person was present for the
hearing. The court appointed counsel, Lisa M. Coyne, Esquire, was present, and
participated in the hearing. Based upon the evidence presented at the hearing, the
following findings of fact and discussion are made and entered:
1. The allegedly-incapacitated person is Emily A. Smoker, an individual and
domiciliary of Cumberland County, Pennsylvania, who presently resides at 104
Louisa Lane, Mechanicsburg, PA 17050. She will become an adult on 21 August
2012.
2. Petitioner is Dawn M. Smoker whose address is 104 Louisa Lane, Mechanicsburg,
PA 17050.
3. The allegedly-incapacitated person suffers from autism with severe cognitive
impairment.
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4. As a consequence of her condition, Emily A. Smoker'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.
5. Emily A. Smoker's estate is Bank account of $1,000.00 and her annual income is
approximately zero at this point.
6. The prognosis for Emily A. Smoker is unfavorable at the present time.
7. Emily A. Smoker is in need of a plenary guardian of her person and estate.
8. The duration of the necessary guardianship must be considered at best
indefinite, and for practical purposes permanent.
g. The proposed guardian, Dawn M. Smoker, whose address is 104 Louisa Lane,
Mechanicsburg, PA 17050, is appropriate to serve as guardian of Emily A.
Smoker's person and estate, and is qualified under the statute to do so.
l0.The biological father, John Smoker, V, expressed his desire that Dawn M. Smoker
be appointed sole guardian in Exhibit "D" of the Petition.
11.The foregoing Findings of Fact are made on the basis of clear and convincing
evidence.
DISCUSSION
The rovisions respecting an adjudication of incapacity are contained in 20 Pa.
p
C.S. Sections 5501 et seq. The Petitioner has substantially complied with these
sand based upon the foregoing findings of fact, an accompanying order of
provision ,
court shall be entered granting the Petition.
mil A. Smoker is notified that she has a right to appeal this decision to the
E y
nia Su erior Court within thirty (30) days of the entry of the order, and she
Pennsylva p
ma petition, at any time, for a modification or termination of the order.
Y
g~ court._____----~
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Thomas A. lacey C.P.J.
Susan J. Hartman, Esq.
1 Irvine Row
Carlisle, PA 17013
Lisa M. Coyne, Esq.
3901 Market Street
Camp Hill, PA 17011
• ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
In Re: EMILY A SMOKER PENNSYLVANIA
NO. 21-12-0540
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE:
IN RE: OPINION
SERVICE TO: SUSAN J HARTMAN
ENVELOPES PROVIDED BY:
METHOD OF MAILING:
[] PETITIONER
® LISPS ®JUDGE
RRR ~ CLERK OF ORPHANS COURT
HAND DELIVERED
OTHER
MAILED: 6/ 14/] 2
SERVICE TO:
METHOD OF MAILING:
LISPS
^ RRR
HAND DELIVERED
[] OTHER
MAILED:
ENVELOPES PROVIDED BY:
PETITIONER
JUDGE
^ CLERK OF ORPHANS COURT
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erk of Orphans' Court