HomeMy WebLinkAbout97-00086
.....
'"
i>-< '" ~
0
i>-<~ ' ~
~ o <
~ ~ '~ ....i
..-1 H r>o. . ex:
i>< ^ Ul ou " ~.~ 5 0
13~< H [j ,~
~ H~~ r t; H
"" tt :s
~:::>H A ~ -, ~ r
d8~ ~~o e. ~
-,
f-< i><U ~ ~ Ie ~,
u ;> @l ~G~ g~ E u r
~~ P >; '"
8 ~ ~ ~ 7.
o Ul i>i <, t; L r-
.0
[-0' ~ O~ ~ ~~ j <fJ t
Ul r>.~~ fl' ~ oJ
8Efi A. I ;: , ~
~.~ ~ ~ ! ", :q
Ur, H Ul b ~
-' f-< g',l
~ ~<~ v
Z ~ ~ '1.:;:-..
H ,*j
)
f.
"e,
")
(.
IN THE HATTER OF
IN TH~ COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-97-86
NANCY HOPPLE, an al1eqed
inoapaoitated person
9RDER OF COllRT
AND NOW, this 21st day of March, 1997, 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, Nancy
Hopple is adjudicated an incapacitated person, and Jennifer
Buzby, an adult individual residing at 1128 South 18th Street,
Harrisburg, Olluphin County, Pennsylvania, is appointed temporary
partial guardian of her person for the purpose of executing u
"2176 waiver" and effecting Ms. Hopple's admission into such
programs as may be available to her as a consequence of the
walver. This appointment shall expire following the
accomplishment of these two services. No bond shall be required
of the guardian.
Notice is hereby provided in person to Nancy
Hopple of her right to appeal and to petition to modify or
terminate the guardianship.
By ttle Court,
J
IN THE MATTER OF
NANCY HOPPLE, an alleged
inoapaoit~ted person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 21-97-86
DL RE I PETITION FOR GUARDIANSHIP
BEFORE OLER. J.
OPINION AND ORDER OF COURT
Oler, J.
At issue in the present oase is whether Nanoy
Hopple should be adjudioated an inoapaoitated person, and, if
so, whether Jennifer Buzby should be appointed temporary partial
guardian of her person. A hearing was held on the matter on
Friday, Maroh 21, 1997. before the undersigned judge. The
allegedly incapaoitated 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:
~INDINGS OF FACT
1. The allegedly incapacitated person is Nancy
Hopple, a 31-year-old (d.c.b. August 17, 1965) adult individual
residing at 1541 McClures Gap Road, Carlisle, Cumberland County,
Pennsylvania.
2. Petitioner is Jennifer Buzby, an adult
individual experienced in the field of mental health and mental
retardation, residing at 1128 South 18th street, Harrisburg,
Dauphin County, Pennsylvania.
3. Me. Hopple, since birth, has been in the
profoundly mentally retarded range, having an 1Q of
approximately 10, and ie not verbal.
4. As a result of the aforesaid condition, Ms.
Hopple's ability to receivG and evaluation information and make
and communicate decisions has been impaired to ouch a .
significant extent that she is unable to meet essential
requirements for her phys.l.cal health and safety in the form of
deciding whether to execute a "2176 waiver" for purposes of
Federal funding.
5. Guardianship services are necessary for Ms.
Hopple notwithstanding the personal assistance which she
receives from Terry and Dottie Naugle, with whom she lives.
6. Based on the aforesaid condition of Ms.
Hopple 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
seoured Ms. Hopple's participation in such programs that may be
available to her as a result of that waiver, if the guardian
feels that such measures are in the interest of Ms. Hopple.
8. Pursuant to 20 Pa. C.S. Section 5512.1(b), it
is found that Ms. Hopple is partially incapacitated and in need
of temporar.y partial guardianship services of her person.
9. Jennifer Buzby is a person qualified under 20
Pa. C.S. Section 5511(f) to serve as such guardian of her
person.
10. It appears that Ms. Hopple'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 been recently amended and are contained in 20
Pa. C.S. sections 5501 et. s~ Petitioner has substantially
complied with these provisions, and based upon the foregoing
Findings of Fact, the following Order of Court will be entered:
ORDER OF COURT
AND NOW, this 21st day of March, 1997, upon
consideration of the Petition for Appointment of a Temporary
Guar.dian of the Person Pursuant to 20 Fa. C.S.A. 5513, and
following a hearing held at the Cumberland County Courthouse at
which the allegedly incapacitated person was present, Nancy
Hopple is adjudicated an inoapacitated person, and Jennifer
Buzby, an adult individual residing at 1128 South 18th street,
Harrisburg, Dauphin County, Pennsyl.vania, is appointed temporary
partial guardian of her person for the purpose of executing a
"2176 waiver" and effecting Ms. Hopple's admission into stich
programs as may be available to her as a consequence of the