The URL can be used to link to this page

Home My WebLink About96-00974 ~ji~~~~t\;~'~;;tJ:- , ~,~r:~<",~..-lf:''''"u-" fic~5~r~~, '-:- !ii1.1~"'~~'~" . . . "-'!;::~ - "..". 1I ,-",..,.,.".. -"0' .~,I~~'t,1'f:~f~;t.';'h, ,: (?~~~}= ii.:' ",' '...,'l ~ .' ,~{*~i;" , . ,- . ~ -., ' ':_,:~ ,'.0; ._-}:f~~. .,' ..' :1. '. "-~ i '", ::;-< ~:,;" ... ".'~ .', .~ .. ~:" .,'"' " t', ,'," ,,-'.1, .' ~,;' ":'-:', " .' ,lll " :!: of) U. 7 'Z. :7 .:J tJ) ill ..... ~ 0 <2 .- eD. K CI) . " 0 .... lQ ..j . 0 E 0 S ~ .... u ~ Z tit UJ J!l LLI z ft F'", I.. , I', " o( ":,li:: ..-: '9:i t;OV 27 p 2 :()4 CIl; CUi.. ,'. ;d PA " .<-., .. ,. '-;<\.' :' 1 1~cn1f1~::{'5~~,S: ~",:.c: 't't;1c.:~.: 'e. .,.{ ( ~ ~-~.j.~.~~?~-":;'.~.;.~. ~.:~J;I~t~"(,(~'q';'c':i; _< ''>'<j:lj'i' 'Le.' .h.. 'l!f:t;x~, . <A~-"".".!. t,~ ~.c<'-'" 'fC-j,..":J-:;....~: r,..., ~#"~ "~" ~"t l4"'~'~"; ~$>,O: !~'-';-,;;..,.)_Z .i!;i~.O'Iol"Mi..: mt JtJ;~:z.<t.\.(,,;.:I ~~ ~'t<;~':;;\'.,~ .t:~jg'~.~"'...;.,.. "., ,'l-, , "j..i,:. J1.1-'f'''1 "l;:Ih.'.",~' ~ru, lH-ti;,~~,:. ~}O;. 'cn"f~;i' ~A~Q:I{ :z-;Fl!.;'.:: ~Cll;IIa~;:z:;t~J. .~b., ,ref/.",! p+O. "~t"i-.:,'i:~:,_~;i ".t)'t)'" '\-. '.... '~Al,. M;+~"::',..;.;:. 'M~ fa ,,..,'(.~::..'t:i',' :.,^ I~it{,~(~; , ":z: "0.. ,11at::!. ;~.~t:/cig~., ".IIl".:l:UC :. ~:"'IIlIllIll: r..:~"...Iol~e-<. ~. . ,.1:1;..:1<' .:;'i - ;""~" ;'''-'-< '&4 ;;t{,"~~~ . 3,e-<.,:,..:I, ~ '. :z: ., t) ~. . :z: M :z: o. M III M > ..M \DC O>e-< O>ll'. ....p ,0 Ot) :z: III ~ :I: l1. ll'. O' ",'1') t.-'" " . '~-" ."R::. :~:^. '~Hj:~'..:' '.lij,E:F' l~t~~~..,;: o;,~ .Z.Z,.... ~'~ '~:~:'i j' 5;11. :.; .... ,~~.<... .~,'~~:::: .~., ;"'. \; ".,. '. ; ~ '.-'.' ;-.".,. >'t:.: " . ~ , .~- . . . .. '.. .......:. .'''; ~ NO~~ 5 'i#" ;,~:; ~ IN THE MA'I'TEH OF I N TilE: COUH'(' OF COMMON PLEAS OF CUMBEHLAND COUNTY, PI;;NNSYLVAN IA OHPIIANS' COUHT DIVISION LYNN FISIIEH An Alleged Incapacitated Person .;L/-C(LJ, -qll.f NO. INCAPACITATED PEHSON AND NOW, this ORDER OF COURT 2.(" ~ day of ~o",.....,Le.J , 1996, upon review of the attached Petition, a hearing is scheduled in this matter for 'fAHAfid~ ' the ,..??'d.- day of M...<'o~~ 1996, at / :~O a.m.~J, in Courtroom It ~ , Cumberland County Courthouse, Carlisle, Pennsylvania. Personal service of this Order and accompanying Notice and Petition shall be caused to be made upon the alleged incapacitated person by Petitioner in accordance with the Probate, Estates and Fiduciaries Code. Notice shall also be given to all other persons and entities required to be notified under the Code. Proof of service shall be furnished at the above-scheduled hearing. BY THE COURT, , .. LYNN FISHER An Alleged Incapacitated Person IN Tm: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYINANIA ORPHANS' COURT DIVISION IN THE MATTER OF NO. INCAPACI'I'ATED PERSON PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5513 1) Your Petitioner is Robert L. O'Brien, Esquire, Solicitor for the cumberland/Perry Mental Health/Mental Retardation Office. 2) Respondent is Lynn Fisher residing at Drexel Hills Group Home, 1026 Drexel Hills Blvd., New cumberland, PA., 17070. Respondent is an adult individual being presently 32 years of age with a birth date of July 2, 1964. Attached hereto, marked as Exhibit "An, and incorporated herein by reference is a Petition prepared by the cumberland County MH/MR Office. Attached hereto, marked as Exhibit "Bn, and incorporated herein by reference is notarized statement from Christina Burkhart, M.D. 3) Petitioner requests that the Court appoint Lori Glumac, as guardian for the limited purpose of consenting to the placement of Lynn Fisher into community based or institutional services, and to execute any documentation needed to facilitate the placement of Lynn Fisher into said program. 7. llo other Cour':. '~ithin the Co=non..,ealth of ..,hich Petiti:~lr ha, ~nc..,Ledge ha, a~poin':.ed ~ guardian tor I.vnn Fisher 8. Lynn Fisher i, mentally retarded. 9. aeeause of ment:l de~i:ienc1, lack, sut~icient capaci':.y to ~a~e or co=municatl rlsponsible dlcisic~s concerning his. ~e: ::el:'son as set fo~h in thl attached Af~idav~':. preparld by Exhi~i':. ^ and made a par':. he~3=~. , III&rkld a. , is in need of residan~al mental LO. I.vnn Fisher r.~3:~&~i=n s.:~~:es. It. Lynn Fisher ~as :een accepted tor piac..ant at 1026 Drexel Hills Blvd., New CUrrberland. PA 17070 upon ':.~! c:ndi':.i:n ':.~~':. ~ ;uar=~~n o~ the person be appointed to cc~sen~ ~: sa~d ;lac3~e~~ :~ ~:s ~e~ :enalf. 12 .. Lori Glum3c , haviaq no in':.ere,':. adverse ':.0 Lynn Fisher has agreed tel act a. Lynn Fisher Tempora:: Guardi~n ot the ~erson 0: if ':ohi, ~onorable COUl:'':. ,hal: so appoint. WH!:RE~ORE. Plti':oicr:lIr ?rays ':.hi, Court place I.vnn Fi"hpr under :.~e :.empc:':1:"Y gU3rdianship of fnri ~11l~(' . pUl:'s~:n':. :0 :0 ~a. C.S.~. , 5513 and empower 'al~ tempor~r: ~uar~ian :: ::rcvi~e substitute consent tor such cc~~unl':.:-c3Ied 0: ~ns':.i':.~':.~:~al service. as may be n.C....ry to 9rovlje for his/her needs. :lV' I:l THE :1AT':'!!\ OF I IN TtfE COURT or COnltOlI PLEAs I COl1lilTY. P~VAHIA I ORPHANS' COURT DIVISION I III RE trO. Lynn Fisher All ,;,u".;::;C;O I~ICC:'IP~':'~ CI':'A'l'ION TO: 0: Wa ~e~and you to appear ae a Haari~g in :~han.' Court Currberland C........... ~""~. held at .......-:' -""" ".... , a~ to show causa why you Ihould no~ be adjudged 1:cc=P.~.n~ :0 choose bee~aan cc=muni:y-ba.ad And 1n.~i:a~1on.l services ~O~ the ~entally ret~r:ed. and a temporary 9uar~an ac.c oi::~ed ~=~ '/0:'::- ~.rso::, . '- Ci:at~on ~.~~:~abl. :he day 0: WI'r.lESS.:..~: The Honor3bla , Prelidea~ Judga ot saic ~our:. sitting in the O~hans' Cour: this day ot C~~.~F THE ORPHANS' ~OUR'l' (\ ~ IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION LYNN FISHER An Alleged Incapacitated Person NO. 21-96-974 INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN OF THE PERSON PURSUANT TO 20 PA. C.S.A. 5513 BEFORE OLER. J. ORDER OF COURT AND NOW, this 26th day of December, 1996, upon consideration of the Petition for Appointment of a Temporary Guardian of the Person Pursuant to 20 Pa. C.S.A. 5513, and following a hearing held at the Cumberland County Courthouse at which the allegedly incapacitated person was present, Lynn Fisher is adjudicated an incapacitated person, and her sister, Lorraine Kathleen Glumac, residing at 686 Lynes Road, Dillsburg, York County, Pennsylvania, is appointed temporary partial guardian of her person for the purpose of executing a "2176 waiver" and any other necessary documents to effect her sister's continued participation in the facility known as Drexel Hills Group Home in New Cumberland, Cumberland County, Pennsylvania. This appointment shall expire following the accomplishment of this function. No bond shall be required of the guardian. Notice is hereby provided in person to Lynn Fisher of her right to appeal and to petition to modify or terminate the guardianship. j IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND coUNTy, PENNSYLVANIA ORPHANS' COURT DIVISION LYNN FISHER An Alleged Incapacitated Person NO. 21-96-974 INCAPACITATED PERSON IN RE: PETITION FOR APPOINTMENT OF A TEMPORARY GUARDIAN OF THE PERSON PURSUANI TO 20 PA. C.S.A. 5513 BEFORE OLER. J. OPINION ~ ORDER OF COURT Oler, J. At issue in the present case is whether Lynn Fisher should be adjudicated an incapacitated person and, if so, whether her sister, Lorraine Kathleen Glumac, should be appointed temporary partial guardian of her person. A hearing was held on the matter on Thursday, December 26, 1996, before the undersigned judge. The allegedly incapacitated person was present for the hearing. Based upon the evidence presented at the hearing, the following Findings of Fact, Discussion and Order of Court are made and entered: FINDINGS OF FACT 1. The allegedly incapacitated person is Lynn Fisher, a 32_year-old (date of birth July 2, 1964) adult individual residing at 1026 Drexel Hills Boulevard, New cumberland, cumberland County, pennsylvania. 2. petitioner is Robert L. O'Brien, Esquire, solicitor for the Cumberland/perry Mental Health/Mental Retardation Office. 3. Ms. Fisher, since birth, has been severely mentally retarded and has a condition known as Down's syndrome. 4. As a result of that condition, Ms. Fisher's ability to receive and evaluate information and make and communicate decisions has been impaired to such a significant extent that she is unable to meet essential requirements for her physical health and safety in the form of deciding whether to execute a "2176 waiver" for purposes of federal funding and other documents necessary for her continued care at Drexel Hills Group Home in New Cumberland, Cumberland County, Pennsylvania. 5. Guardianship services are necessary for Ms. Fisher, notwithstanding the personal assistance which she receives from her family and from services provided by the county. 6. Based on the aforesaid condition of Ms. Fisher and her lack of capacity to make and communicate decisions in the regard mentioned, a temporary and partial guardianship with respect to her person is required. 7. The duration of this guardianship shall be until the guardian has executed the necessary "2176 waiver" and secured Ms. Fisher's continued participation in the said program, if the guardian feels that such measures are in the interest of her sister. 8. Pursuant to 20 Pa. C.S. Section 5512.1(b), it , is found that Ms. Fisher is partially incapacitated and in need of temporary partial guardianship services of her person. 9. The sister of Ms. Fisher is a person qualified under 20 Pa. C.S. Section 551l(f) to serve as guardian of her person. 10. It appears that Ms. Fisher's condition is of an indefinite nature in terms of duration. 11. The foregoing Findings of Fact are made on the basis of clear and convincing evidence: DISCUSSION The provisions respecting adjudication of incompetency have recently been amended and are contained in 20 Pa. C.S. Sections 5501 et sea. Petitioner has substantially complied with these provisions, and, based upon the foregoing Findings of Fact, the following Order will be entered: ORDER OF COURT AND NOW, this 26th day of December, 1996, upon consideration of the Petition for Appointment of a Temporary Guardian of the Person Pursuant to 20 Pa. C.S.A. 5513, and following a hearing held at the Cumberland County Courthouse at which the allegedly incapacitated person was present, Lynn Fisher is adjudicated an incapacitated person, and her sister, Lorraine Kathleen Glumac, residing at 686 Lynes Road, Dillsburg, York County, Pennsylvania, is appointed temporary partial guardian of her person for the purpose of executing a "2176