HomeMy WebLinkAbout06-02-06
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IN THE COURT OF COMMON PL , ~_~__ _K__.~_____ ~-
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
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In re:
John Johnson
CIVIL ACTION - ADJUDICATION OF
INCOMPETENCY AND APPOINTMENT
OF A GUARDIAN OF THE PERSON
No. dl-{}lrYW
PRELIMINARY DECREE
AND NOW, this 1. ,,! day of _J ,,(\ ~ 1..00v> , upon consideration of the
Petition for Adjudication of Incapacity and Appointment of a Plenary Guardian of the Person of
John Johnson, it is hereby ORDERED and DECREED that:
1. A citation is awarded, directed to John Johnson, to show cause why he should not be
adjudged an incapacitated person and why a plenary guardian of his person should not be
appointed; the hearing there on to be held in Court Room S , Cumberland County
Courthouse, Carlisle, Pennsylvania, on Jl.&-I j J J.
, at d-: DO o'clock, #-.M.
2. Petitioner shall cause to be served by personal service the Citation and Petition,
together with an attached Notice pursuant to the provision 20 Pa.C.S.A. S 5511(a) upon John
Johnson, the allegedly incapacitated person, at least twenty (20) days prior to the Court hearing.
The contents and terms of the Citation, Petition and Notice shall be explained to the maximum
extent possible in language and terms the allegedly incapacitated person is most likely to
understand in accordance with the provisions of20 Pa. C.S.A. s5511(a). An affidavit of service
containing specific averments as to the above requirements shall be presented atthe beginning of
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the court hearing.
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3. At least twenty (20) days prior to the scheduled hearing, notice of the court hearing,
together with a copy of the Petition, shall be given personally or by certified mail to all persons
who are sui juris and who would be entitled to share in the estate of the alleged incapacitated
person ifhe died intestate, in accordance with the provision of20 Pa. C.S.A. ~ 5511(a), and more
particularly to the following individual:
Mr. Clair Johnson
49 Woodbine Road
Lewistown, Pennsylvania 17044
(717) 248-8079
4. Petitioner and/or Counsel for petitioner shall notifY the court, in writing, at least seven
(7) days prior to the court hearing if counsel has not been retained by or on behalf of the
allegedly incapacitated person in accordance with the provisions of20 Pa. C.S.A. ~ 5511(a).
This notice shall also contain all pertinent information which would indicate to the Court
whether or not counsel should be appointed to represent the interests of the allegedly
incapacitated persons.
5. The allegedly incapacitated person shall be present at the court hearing unless it is
established by clear and convincing medical evidence that his physical or mental condition
would be harmed by his present in court in accordance with the provisions of20 Pa. C.S.A.
~5511(a).
BY THE COURT:
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
In re:
John Johnson
CI.\TIL ACTION - ADJUDICATION OF
INCOMPETENCY AND APPOINTMENT
OF A GUARDIAN OF THE PERSON
: No. 021 - Olo-Ltl.o3
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PETITION OF LISA COOK AND SUE KISSINGER SUPPORTING ADJUDICATK!N
OF INCAPACITY AND APPOINTMENT OF A GUARDIAN OF THE PER.&ON OF
JOHN JOHNSON, AN INCAPACITATED INDIVIDUAL, PURSUANT T()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, PA 17013
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-PARC. 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:
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i a Cook
Petitioner
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Sue Kissinger fJ
Petitioner
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Tamara L. Fox
Certified Legal Intern
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Robert Rains
Supervising Attorney
The Disability Law Clinic
45 North Pitt Street
Carlisle, PA 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.
{}4904, relating to unsworn falsifications to authorities.
Date: ~[jJ I DG ~; f- ac4
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Date:
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On this, the 02/..51 day of 1l1l)!I J OJ ,2006, before me, /011)//<:' L.lOol/..' ,
a Notary Public ofthe 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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Notary Public
My Commission Expires:
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MAY 3 0 2006
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IN THE COURT OF COMMON PLEA-SOF'
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
In re:
John Johnson
CIVIL ACTION - ADJUDICATION OF
INCOMPETENCY AND APPOINTMENT
OF A GUARDIAN OF THE PERSON
.
: No. ~ I - 0'-'>- Y{,3
ORDER OF COURT
AND NOW, this
day of
, after hearing, it is
determined that John Johnson is incapacitated to make or communicate responsible decisions
regarding his care, and accordingly, Lisa Cook is appointed the primary plenary guardian of his
person and if she becomes unwilling, unable or unavailable Sue Kissinger is appointed the
secondary guardian of his person.
By the court,
J.
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In Rc: Estate of JOHN JOHNSON
ORPHANS' COURT DlVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO.2 I -06-0463
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 06-02-06
JUDGE'S INITIALS: M.L.E. JR.
TIME STAMP DATE: 06-02-06
IN RE: PRELIMINARY DECREE; PETITION; CITATION
SERVICE TO:
THE DISABILITY LAW CLINIC; CLAIR JOHNSON; SUE KISSINGER; LISA COOK;
JOHN JOHNSON
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
~ USPS
DRRR
o HAND DELIVERED
DOTHER_
~ PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 06-09-06
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:
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Deput
Clerk of Orphans' Court