HomeMy WebLinkAbout05-30-06
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In re:
John Johnson
CIYIL ACTION -ADJUDICATION OF
INCOMPETENCY AND APPOINTMENT
OF A GUARDIAN OF THE PERSON
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: No. c2' - Olt;.-'4 tD3
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PETITION OF LISA COOK AND SUE KISSINGER SUPPORTING ADJUDICA TIDN
OF INCAPACITY AND APPOINTMENT OF A GUARDIAN OF THE P:E~ON cW
JOHN JOHNSON, AN INCAP ACIT A TED INDIVIDUAL, PURSUANT TeJ 20 Pa.C~
CH. 55
TO THE HONORABLE JUDGES OF SAID COURT:
The Petitioners, Lisa Cook, residing at 361 Mountain Road, Boiling Springs, Cumberland
County, Pennsylvania, 17007, and Sue Kissinger, residing at 11 Spruce Road, Marysville, Perry
County, Pennsylvania, 17053, depose and say:
1. Lisa Cook and Sue Kissinger are the named Petitioners in the above titled civil cause
of action and John Johnson is the allegedly incapacitated person.
2. This petition is to inform the Court as to the incapacity of John Johnson and appoint
Lisa Cook as primary legal guardian of his person and Sue Kissinger as secondary legal guardian
of his person.
3. John Johnson is eighty-two (82) years old, has never been married and resides at
Manor Care, a nursing home, located at 940 Walnut Bottom Road, Carlisle, Cumberland County,
Pennsylvania, 17013. John Johnson is not a patient of a mental hospital.
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4. Name and Address of persons/institutions providing residential services:
Manor Care
940 Walnut Bottom Road
Carlisle, PAl 7013
5. Names and addresses of other service providers:
Cumberland-Perry Association for Retarded Citizens ("C-P ARC")
71 Ashland Avenue
Carlisle, P A 17013
6. John Johnson's next of kin is his brother, Clair Johnson, who resides in Lewistown,
Pennsylvania. Clair Johnson has given consent to John's medical treatment in the past after
consulting with Lisa Cook. He is in agreement with this petition to determine John Johnson
incapacitated and appoint Lisa Cook as his primary guardian of his person and Sue Kissinger as
his secondary guardian of his person.
7. Guardianship of the person is being sought because John Johnson's mental retardation
coupled with his worsening dementia impairs his capacity to make decisions. This petition is
instituted to aid and benefit John Johnson. The nature of Lisa Cook's, the petitioner for primary
guardianship, relationship with John Johnson is that of a close personal friend, as well as a long
term acquaintance through C-P ARC. Sue Kissinger's, the petitioner for secondary guardianship,
relationship with John Johnson is that of personal advocate and long term acquaintance through
C-P ARC.
8. Petitioners are not seeking guardianship of the estate because the nursing home at
which John Johnson resides is better equipped to handle those matters.
9. John Johnson is incapacitated as defined in Chapter 55 of the Probate Estates and
Fiduciaries Code. He is an adult whose ability to receive and evaluate information effectively
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and communicate decisions is impaired to such a significant extent that he is totally unable to
meet essential requirements of his physical health and safety.
10. In a psychological evaluation performed by Valerie A. Lemmon, Psy. D., of
Riverside Associates on November 15, 2005, Dr. Lemmon diagnoses John Johnson's range of
functioning as being "very limited to negligible." He is dependent upon others for self
management. He has very limited motor skills, very limited to negligible social and
communication skills, very limited to negligible personal living skills, and very limited to
negligible community living skills. Dr. Lemmon's evaluation is attached hereto as Petitioners'
Exhibit A and incorporated herein by reference.
11. John Johnson also suffers from seizure disorder, iron deficiency anemia, reflux
disease, hypothyroidism, hypertension, and glaucoma.
12. The Petitioners and the staff at the nursing home where John resides have made
efforts to allow John to retain as much autonomy as possible. However, he continues to be
dependent upon others to assist him in his personal care. This care is currently being provided
by Manor Care, the nursing home at which John resides.
13. Both Petitioners are qualified to be John Johnson's guardian because they are
interested in his welfare and have no interest adverse to his. In addition, both Petitioners have
ample experience caring for individuals with disabilities such as John Johnson's. Petitioner Lisa
Cook worked in C-PARC's group home where John Johnson was previously a resident.
Petitioner Sue Kissinger is currently an advocate working for C-P ARC.
14. John Johnson has no current guardian appointed.
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15. Petitioners hereby give their written consent to become legal guardians of the person
of John Johnson for the duration of the Petitioners' lives or John Johnson's life, whichever shall
end first.
WHEREFORE, Petitioners respectfully request that this court adjudicate John Johnson an
incapacitated person and assign to Petitioner Lisa Cook primary powers of guardianship and if
Ms. Cook becomes unwilling, unable, or unavailable, assign to Petitioner Sue Kissinger
secondary powers of guardian of the person of John Johnson.
Date:
4/3) 104'
i a Cook
Petitioner
Date:
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Sue Kissinger (J
Petitioner
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Tamara L. Fox
Certified Legal Intern
~e.~
Robert Rains
Supervising Attorney
The Disability Law Clinic
45 North Pitt Street
Carlisle, P A 17013
(717) 243-3696
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VERIFICATION
We verify that the statements made in the foregoing PETITION SUPPORTING
ADJUDICATION OF INCAPACITY AND APPOINTMENT OF A 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.
g4904, relating to unsworn falsifications to authorities.
Date: ~al ) OCp ~; _?- r ~{
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Date:
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On this, the c2./.51 day of tlll)ll J 'j _ , 2006, before me, ~ /I YJC. L. LUo/ /-\ ,
a Notary Public of the Commonwealth of Pennsylvania, the undersigned officer,
personally appeared Lisa Cook and Sue Kissinger, known to me (or satisfactorily proven)
to be the persons whose names are subscribed to the within Verification, and
acknowledge that she executed the same for the purpose therein contained.
IN WITNESS WHEREOF, I have set my hand and notarial seal
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v ~A C7f~~Kv6
Notary Public
My Commission Expires:
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