HomeMy WebLinkAbout10-16-09 (2)IN THE MATTER OF IN THE COURT OF COMMON PLEAS
OF PERRY COUNTY, PENNSYLVAI~A
Luz T. Palmere, :ORPHANS' COURT DIVISION ~ """' T~:=~ ~~"~
An Alleged Incompetent ~-~ ~ ~ ~a'~3 ~µ;
INCAPACITATED PERSON '~~'"' rn " ~~ ' ~~
r , ~ ~ -~-,
~:.~~ _
~ ~r~~~' _
1 ti j
~ ~ '
}~
PETITION FOR APPOINTMENT OF A
. t
'
~
TEMPORARY GUARDIAN OF THE PERSON ~
AND ESTATE PURSUANT TO 20 PA. C.S.A. 5513
1) Your Petitioner is Robert L. O'Brien, Esquire, Attorney for Violeto T. Palmere.
2) Respondent is Luz T. Palmere, an incapacitated person, currently receiving care at
Manorcare Health Services, 940 Walnut Bottom Road, Carlisle, Cumberland County, PA
17013. Respondent is an adult individual, presently 57 years of age. The Respondent
has no guardian and had no physical or mental problems until suffering a stroke on July
5, 2009.
3) The proposed guardian is Violeto T. Palmere, Luz's brother and closest relative in
the country. Luz had by her own writings appointed her brother as guardian of her estate
and person, in the event of incapacity. He requests that he be appointed a temporary
guardian to arrange for placement in the Philippines. Luz has health benefits that cover
her care at Manorcare until the first week in November, 2009. Thereafter the insurance
coverage will lapse and Luz will become a private pay patient.
4) Mr. Palmere has discussed matters concerning Luz with her extended family in the
Philippines. Luz has no husband or children and the family feels that the care and support
of the family in the Philippines will be of great benefit to Luz. Manorcare has confirmed
that Luz is able to leave the nursing home and return to the Philippines.
5) Luz has a checking account with over $49,000.00 with Citibank. Mr. Palmere has
been expending his funds to pay Luz's bills and requests that he be given access to her
checking account to reimburse his expenditures and to withdraw funds to pay the costs of
her transportation to the Philippines. He and his wife Sarah will accompany Luz to the
Philippines and arrange for a safe placement for her. Mr. Palmere applies to the Court for
the purpose of making determinations as to the care and placement of Luz T. Palmere.
6) The proposed Guardian has no interest adverse to that of Luz T. Palmere.
7) Once Luz is transferred to the Philippines, Mr. Palmere will file an accounting with
the Court and he, or the family in the Philippines, will make application in that Country's
court system for the appointment of a Guardian.
WHEREFORE, Petitioner, Robert L. O'Brien, respectfully requests that the Court order
that Respondent Luz T. Palmere be adjudged an incapacitated person and Violeto T.
Palmere be appointed emergency Guardian of the Person and Estate.
Respectfully submitted,
O'BRIEN, BARK & SCHERER
BY~~jl~2~-----
Robert L. O'Brien, Esquire
I . D. # 28351
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873