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Home My WebLink About05-09-07 .. . IN RE: STEPHANIE BAILES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 07-316 ORPHANS' COURT IN RE: PETITION OF KIM WOLF AND JENNIFER WILLIAMS SUPPORTING ADJUDICATION OF INCAPACITY AND APPOINTMENT OF A GUARDIAN OF THE PERSON OF STEPHANIE BAILES, AN INCAPACITATED INDIVIDUAL, PURSUANT TO 20 Pa.C.S. CH. 55 BEFORE OLER, J. ,.......<.~ c::::.) r-::::J -..... ORDER OF COURT -u :?r: ::-~..::~ I \.D AND NOW, this 4th day of May, 2007, upon I consideration of the Petition of Kim Wolf and Jennif~r (.) W N Williams Supporting Adjudication of Incapacity and Appointment of a Guardian of the Person of Stephanie Bailes, an Incapacitated Individual Pursuant to 20 Pa. C.S. CH. 55, and following a hearing at which the allegedly incapacitated person and the proposed guardians were present by telephone, with the permission of the Court, at which evidence was presented by the Petitioners in support of the petition, and at which the Petitioners were represented by Virginia Spiess, Certified Legal Intern, supervised by Megan Riesmeyer, Esquire, of the Family Law Clinic, the Court finds that Stephanie Bailes lS an incapacitated person, she is consequently adjudicated as such, and Petitioners, Kim Wolf, her mother, and Jennifer Williams, her sister, are appointed plenary co-guardians of her person, with each guardian being authorized to act independently or jointly on ~ ~ behalf of Stephanie Bailes. Stephanie Bailes is hereby notified of her right to appeal to the Pennsylvania Superior Court from this adjudication and to petition at any time for its termination or modification. Any appeal to the Pennsylvania Superior Court must be taken within 30 days of the entry of this order. By the Court, Virginia Spiess Certified Legal Intern Megan Riesmeyer, Esq. Supervising Attorney The Disability Law Clinic 45 North Pitt Street Carlisle, PA 17013 Stephanie Bailes 314 Bonnybrook Road Carlisle, PA 17013 Kim Wolf 314 Bonnybrook Road Carlisle, PA 17013 Jennifer Williams 321 Majestic Circle Dallastown, PA 17313 :mae IN RE: STEPHANIE BAILES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 07-316 ORPHANS' COURT IN RE: PETITION OF KIM WOLF AND JENNIFER WILLIAMS SUPPORTING ADJUDICATION OF INCAPACITY AND APPOINTMENT OF A GUARDIAN OF THE PERSON OF STEPHANIE BAILES, AN INCAPACITATED INDIVIDUAL, PURSUANT TO 20 Pa.C.S. CH. 55 BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., May 4, 2007. At issue in the present case is whether Stephanie Bailes should be adjudicated an incapacitated person on a permanent basis, and, if so, whether Petitioners Kim Wolf and Jennifer Williams should be appointed permanent plenary co-guardians of her person. A hearing was held in this matter on May 4, 2007. The allegedly incapacitated person and the two proposed guardians were present, pursuant to permission by the Court, by telephone. 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 1S Stephanie Bailes, a domiciliary of Cumberland County, Pennsylvania, born April 13, 1989, and a resident at her home with her mother at 314 Bonnybrook Road, Carlisle, Cumberland County, Pennsylvania. 2. Petitioners are Kim Wolf, the allegedly incapacitated person's mother, who resides at 314 Bonnybrook Road, Carlisle, Cumberland County, Pennsylvania, and Jennifer Williams, the allegedly incapacitated person's sister, who resides at 321 Majestic Circle, Dallastown, York County, Pennsylvania. 3. Ms. Bailes was seriously injured in an automobile accident on March 27, 2001, when she was 11 years old. 4. As a result of the accident, Ms. Bailes suffered a severe brain injury in the form of encephalopathy, as well as various physical injuries. 5. As a consequence of these injuries, Ms. Bailes' ability to receive and evaluate information effectively and communicate decisions in any way is impaired to such a significant extent that she is totally unable to meet essential requirements for her physical health and safety. 6. Ms. Bailes' condition is such that she is In need of a permanent plenary guardian of her person. 7. The prognosis for Ms. Bailes is guarded in terms of a complete recovery at this time, but with her mother's and sister's support anything is possible. 8. The duration of the necessary guardianship of the person is at this point considered to be permanent. 9. The Petitioners are persons qualified to serve as plenary co-guardians of Ms. Bailes' person. 10. The foregoing Findings of Fact are made on the basis of clear and convincing evidence. DISCUSSION The provisions respecting an adjudication of incapacity are contained in 20 Pa. C.S. Sections 5570 et. seq. The Petitioners have 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 4th day of May, 2007, upon consideration of the Petition of Kim Wolf and Jennifer Williams Supporting Adjudication of Incapacity and Appointment of a Guardian of the Person of Stephanie Bailes, an Incapacitated Individual Pursuant to 20 Pa. C.S. CH. 55, and following a hearing at which the allegedly incapacitated person and the proposed guardians were present by telephone, with the permission of the Court, at which evidence was presented by the Petitioners in support of the petition, and at which the Petitioners were represented by Virginia Spiess, Certified Legal Intern, supervised by Megan Riesmeyer, Esquire, of the Family Law Clinic, the Court finds that Stephanie Bailes is an incapacitated person, she . .. is consequently adjudicated as such, and Petitioners, Kim Wolf, her mother, and Jennifer Williams, her sister, are appointed plenary co-guardians of her person, with each guardian being authorized to act independently or jointly on behalf of Stephanie Bailes. Stephanie Bailes is hereby notified of her right to appeal to the Pennsylvania Superior Court from this adjudication and to petition at any time for its termination or modification. Any appeal to the Pennsylvania Superior Court must be taken within 30 days of the entry of this order. By the Court, /s/ J. Wesley Oler, Jr., J. J. Wesley Oler, Jr., J. Virginia Spiess Certified Legal Intern Megan Riesmeyer, Esq. Supervising Attorney The Disability Law Clinic 45 North Pitt Street Carlisle, PA 17013 Stephanie Bailes 314 Bonnybrook Road Carlisle, PA 17013 Kim Wolf 314 Bonnybrook Road Carlisle, PA 17013 Jennifer Williams 321 Majestic Circle Dallastown, PA 17313 :mae In Re: STEPHANIE BAILES ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 21-07-0316 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 05-09-07 JUDGE'S INITIALS: JWO TIME STAMP DATE: 05-09-07 IN RE: ORDER OF COURT AND OPINION AND ORDER OF JUDGE SERVICE TO: JENNIFER WILLIAMS. KIM WOLF. STEPHANIE BAILES. VIRIGINIA SPIESS METHOD OF MAILING: ENVELOPES PROVIDED BY: ~ USPS DRRR D HAND DELIVERED D OTHER_ D PETITIONER ~ JUDGE D CLERK OF ORPHANS COURT MAILED: 05-10-07 SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: D USPS DRRR D HAND DELIVERED DOTHER_ D PETITIONER D JUDGE D CLERK OF ORPHANS COURT MAILED: Dep C1er 0 Orphans' Court