HomeMy WebLinkAbout03-22-11Michael C. Giordanc-
Attorney ~~- Cotrrtselor ut Luw
5000 Lenker Street, Suite 202
Mechanicsburg, Pennsylvania 17050
Phone: (7! i') 745-4160 Facsimile: (71 7,~ 745-4174
March 21, 201 1
Glenda Farn~.r Strasbaugl~
Clerk of the ~Jrphans' Court Division
Court: of Coi~~mon Pleas
1 Courtho~_ise Square, Room ] 02
Carlisle, P~~ 17013
In Re: Brittany Nicole Palmer,
An A,Ileged Incapacitated Person
Do<.I~:et No. 21-1 1-0 l 57
Dear NIs. Str~~sbaugh:
As .you are aware, I represent Denise Palmer, who is the Petitioner in this matter. lV[v
client seeks Plenary Guardianship of the person and estate of the alleged I.P., her daughter. In
connection ~~r~~ith the above referenced matter and the hearing to be held on March 23"~ at 1 1 A.M.,
I encl~~se c~:~l~~i~;s of affirmations (originals will be brought to the hearing) from the following
parties in support of my client's Petition:
• Dr. Julienne Fahnestock, MD; the AIP's doctor since 1988.
• "~ara L. Witner, a Case Manager at the AIP's employer, S. Wilson Pollock Center for
Industrial Training.
• Joni Full:erson, LSW, from Franklin Family Services, who has seen the AIP for
co~wnseling since J~~ly 2010.
• Me~~.an Palmer, the AIP's adult sister.
• Barbara Glinski, the AIP's aunt.
In addition, I enclose a copy of a Progress Summary of the AIP's performance at hoer
employer, as I-~repared by Janet Thornhill and Brenda Laubach, the AIP's Behavior Support
Services coordinators.
Fina:ll~~, I enclose Affidavits of Service on the AIP and the father of the AIP, W~~llilai~~ A.
Palmer.
Very truly yours,
~~ '~~ ~~" ~'~ s ~~ -
Michael C. Giordano
Attorney for the Petitioner
www.~iordanolaw com
m~iordano~~iordanolaw com
•+~
PINNACLEHEALTH
FAMILY CARE MECHANiCSBURG
910 CENTURY DRIVE
MECHANICSBURG, PA 17055
Phone: (717}506-4720 Fax: (717y506-4734
3/7/11
Brittany Nicole Palmer
Petit'son for Guardianship
File No. 2011-00157
To Whom 1t May Concern:
1 am Julienne Fahnestock, MD, a physician licensed to practice in the Commonwealth of
Pennsylvania. I am affiliated with Pinnacle Health Systems, and work at Mechanicsburg
Family Medicine Center as a Family Practice Physician.
Brittany Palmer has been seen at our practice since 1988. I last saw and evaluated Brittany
today, on 317/11.
Brittany is now a 22 year old woman diagnosed with Spastic Cerebral Palsy, Mental
Retardation, Ulcerative Colitis, and Hypothyroidism.
Regarding the ability of Brittany to manage activities of daily living, I find her to be
incapacitated in the following ways:
She is able to feed herself but cannot prepare food for herself
She is occasionally incontinent and requires assistance with toileting at times.
She requires assistance with bathing.
She is nonverbal and and can only convey the most basic needs through grunting and
pointing.
She is unable to administer or supervise her own medications.
She does not have the ability to understand her functional or mental limitations.
She is not able to express choices or make informed decisions about her care.
Brittany is often combative and emotionally labile. She has been treated by Psychiatrists,
most recently Dr. J. Scott Trayer of Franklin Family Services in Carlisle (717) 243-6500, with
antispsychotics and antidepressants to control her behavior.
Brittany is unable to manage her own finances and property as she is nonverbal and cannot
make decisions about how to spend her money.
I have spoken with Denise Palmer, Brittany's mother, who states that the following assistance
is needed: help with dressing, bathing, toileting, supervision with meals and medications,
transportation and emotional support.
Medications currently include:
Risperdal, 0.25 nng, 2 daily
Lithium, 450 mg, twice daily
LowOgestrel, one daily
Levothyroxine, 50 mcg, one daily
Loperamide, 4 capsules daily
Balsalazide, 750 mg, fi daily
Dicyclomine, 20 mg, twice daily
Azathioprine~, 50 mg, one daily
[ don't believe further testing or evaluation will be of help in this case. The prognosis for
Brittany is fair. C believe her verbal abilities and level of understanding will not improve at this
point but she may be able to alter her behavior and become less cambative.
In view of this prognosis, I recommend the following plan for her care: Provision of
Guardianship to her mother, Denise Palmer in order to provide for Brittany's physical and
emotional needs.
~1~~--~
Sincerely,
Julienne Fahnestock, MD
~~
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?62 Silver Sprint; Road ~ ~tilecl~al7icsl3ur~;, f~ 17Q~~i}-'?f3t~7 ~ Pl~ar~e ;'1i/76f3-h~12 ~ F~tx '~~ i/7~~f~-O~34
,Ianu~~ry 17, '? CI l 7
ho ~~'hon~ It h=1ay Concern,
1 ~j;n ~~-ritinl; this I~tter as re:cluested b}' llenis; Palmer, motlli::r of Brittany Pal.:«~e~
to descriF~e hehaviaral concerns and work perfarnlance Noticed thraughaut T3rittai~y's
participation in our prograrr~. Brittany l'alm~r has been a tr~~ine~e at the S. 1~~ilson I'alfc~cF:
Center for Industrial Training for over Iive years.
'7~i~raughout the years, ~3rittany has worked oN a number ~~fdifferent types of j~:3bs,
She primarily packs and labels products of varying degrees. ~~~hen f~ritt.any is warkir..~~,
generall';y she is focused an her work and has go~xl duality. She seems to enjoy workila~,~
and ean~illg a paycheck i;vc;iy otlr~r «~eek. Brittal~y tti-rpically lisir,~NS r:o her supt;n~is~7r ~u~~a
follows instructions well.
I_~1 the past, I~riMany h<zs had behavioral difficulties while at the I?vllack Center.
Her behavioral outbursts generally occur durilig shills el~hancelrlent time or during tl~~e
lunch break, Brittany llas Irl the past yell~;d, cried, lzit ]ler cowarl;:ers, ~u~d banged on clue
work shop tables. These incidents typically seel~~ to revolve around leer difficnltY
camlY~ur~~catilig with her coworkers dui to her choice not to usc: her Dynavox. ~~hel~
Brittany ~aas these behavioral {>utburst5, tl~e staff at tl~e Pollack {~~cnter ~~'ill intcrvenc w~;~ii:h
inforlnal counseling. Brittany was on a leave of ~ibsence far a sl~IOrt }period of time in .June
2~ 1 ~ after hitting the same individual multiple tin~e.s in the sonic week.
Brittany has be,~n «,~~arking with a behavioral support associate 1~raN~ Riverside
~ssociate~s sine July 20I Q. Since she started worl~ing with this indi4~idual, Brittany's
behavioral autb~usts have lessened dr~unatict~lly.:~t times, she still ~vzll bal~g oil the
tables, but there have only been two incidents of hitting cv~vork+; rs since ,)uly 2~ 1 U. 'The
behavioral support worker has implemented several different social storms that Po1lc~c:k
Center staff read to Britt<Inyr on a daily basis. ran '`1 feel'' folder was also developed in
order t~7r Brittany to indicate to staff how she is feeling tl~~rougl~out the day. I~rittany
meets with thc~ behavioral support worker once a «reek to discuss feelings and appropriate
behaviors for the work place. I3ritt~u~y sec~Ins to enjoy iTleeting v~~ith the behavioral
support person <rnd responds well to ~Pallock C;Gnter stafl'readil7;~ the social stories to :f~er
daily.
If~ you are in need of any other infarn~atian ret;~~'dir~g f3r~ittany's behavior or «,~ork
histor~~ ~~ the S. ~%ilson Pollock Cellt~r fc~r Induslri4rl Tr~unil~g, plca:7c colatact I71e.
Sincerer'.
y /,~ ~
~ ~~ ~ `~' ~ i ~~~.
Tara I_,. ~~%itmer
Case 'vl~:rnagcr
a division of
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V'J~4'\h'.C~}dfC.(?C~
FROf~I f f s car l i s l e
FFs
(4~ED) FEB 16 2011 3 : 40 SST , 3:39 /No, 7538520915 P 2
Franklin Famlly Services
Re: Brittany Nicole Palmer
Petition for Guardianship
Fii~3 No: 2011-00157
February 15, 2011
To Whom It May Concern:
1 am writing this letter concerning the guardianship of Brittany Nicole Palmer. I work as a
licensed Social Worker in the Commonwealth of Pennsylvania. I am affiliated rr~ith
Franklin Family Services.
l have been seeing both Brittany and her mother Denise for' Outpatient Therapy since
July 8, 207 0. At that time f d iagnosed Brittany with:
Axis !: 312.34 intermittent Explosive Disorder
V61.20 ParentJChild Relational Problem
Axis II: Mild Mental Retardation
Axis Ill: Colitis
Axis IV: Moderate
Axis V: 58
/at that time, Brittany was struggling with anxiety related to being away from her mother
as well as behavioral outbursts when angry. Her mother reported that Brittany would hit,
punch, kick, and pull her shirt when upset. Sometimes these outbursts had no real
precipitating event. Since that time, these behaviors as well as the anxiety of being
separated from her mother have increased. Brittany has become more aggressive
towards her mother and refuses to no longer meet with me For individual sessions
without her mother present in the session. In the offce on two occasions Brittany has
become physically aggressive towards her mother when asked to wait in the waiting
room alone for foe minutes so Denise could talk with me individually. During these
outbursts, Brittany hit her mother, flicked her off, screamed, pulled her mother's shirt,
and bit her mother. During one of the outbursts, Brittany was asked to leave the office
due to the extreme aggressiveness of her behaviors.
After working with the family for several months, it is clear #o me that the current living
arrangement is unhealthy for both Brittany and Denise. It is my recornmendatian that
Brittany be moved to a residential group home. This would dive her the opportunity to
build and utilize independence skills as well as be involved 'with her peers. A group
home would also offer a structured environment in which Brittany would be around staff
that has the knowledge and skill to appropriately deal with her behaviors. Due to lack of
guardianship, Denise is unable to make this decision for Brittany despite it being in
Brittany's best interest.
81 ~ Belvedere Streert, C~-r11s1e, Pa "~'~'~~ 3
pE,,,,.~„o.. ~-s~ 7-1 ~.~'~..ft~nA Cep,,. ~~ ~ '~d~_s~~a~
FROH ffs Carlisle
FFs
{WED}FEB 16 2011 3;41/ST. 3:38/No.7538520815 P 3
Franklin F~n7ily S~~rv~ces
Some concerns that I have regarding Brittany's ability to make decisions on her ovum
behalf are as fol#ows:
Brittany is unable to verbalize her Thoughts and wishes.
Brittany is unable to manage everyday living tasks, such as money, laundry,
cooking, etc.
Brittany's extreme dependence upon her mother.
Brittany's lack of social support, due to her own choice, outside of her family.
Brittany's extreme reaction to everyday events.
6rittany's aggressive behaviors.
Brittany is cognitively unable to understand end follow through with cornple~:
tasks.
# believe that Brittany has several strengths to build upon and would eventually flourish
if given the right environment. Currently, living with her mother is harboring her ability to
expand and grow due to the choices she is making. !f Denise was given guardianship of
Brittany, I be#ieve that Denise would make informed decisions regarding Brittany°s well-
being. These decisions would be guided by professional opinions in the field and would
be made in the best interest of Brittany's emotional and physical health.
If there are any questions or concerns regarding this matter, please feel free tc~ calf me
at X717) 243-6500.
Sincere~~ -
. ~ ~~
Joni Fulkerson, LSW
81 ~ Belvedere Street, Carlisle, Pa 17013
February 15, 'ZO11
To whom it may concern:
I am Megan Palmer, the sister of Brittany Palmer and the daughter of Denise Palmer. I
lived with my sister for about 17 years and I have helped to take care of her.
Brittany cannot manage the activities of daily living. She needs help getting dressed, as
she only has the use of her left hand and arm to do so. Brittany cannot bath herself
properly or brush her teeth properly. She does not understand that failing to brush her
teeth will cause her gums to be infected and her teeth to decay. Her mouth is very
sensitive and she does not like the toothbrush because it makes her gums bleed and teeth
hurt. She: cannot use a stove and or a microwave, so she needs someone to help prepare
her meals three times a day, otherwise she eats junk food. She does not understand that
snack foods and soda are not good for her health.
Brittany is so emotional because she cannot communicate with us. She can make some
choices on her own, but she cannot express to us what her choices are and they are n.ot
the healthiest choices for her. She would not get up and go to work every day, if it were
not for my mother taking care of what time to go to bed, get out of bed, and the routine;
that she follows in the mornings.
Brittany cannot and does not understand the concept of money. She knows what each 1,
5, 10 and 20 dollar bills are but when paying for things, she cannot piece them together.
She does not handle her own finances and needs my mother to handle them. She does not
understand the concept that bills need paid and when they need paid.
My sister is dependent on my mother and everyone in her life;. She cannot be alone for
longer than about 2 hours. She is dependent on everyone around her to help her throul;h
life.
I feel that. my mother is the best person to handle her and help her make the best decisions
in life.
Megan Palmer
To whom it mar concern:
1 am Barb Giinsk=, Brittany's aunt, Denise Palmer sister. I have helped with Brittany since she was yo~~ng,
she would go for ti~erapy, and I would take turns with the family to take to her the therapy. l he alder
Brittany gets ti~E more dependent she is on her mother. Brittany depends on leer mother for every part
of her daily life. Brittany has use of her one arm, which leaves her limited to daily activity and does not
speak, so she ca~~not cor7~municate very well with people other than her far-r-rily. Denise has to n~rak:e the
arrangements fc~r Brittany to go to work her transportation to work, transportation to and from doctors
and therapy a171~ointments Denise has to cook, clean, shop, and takes care of Brittany's personal
hygiene. Brittany has money, but. she relies on her mom to Delp Fier wii:h her purchases. Brittary daes
riot like anyone i~ut her mother to help 1}er Gvith her everyday tasks.
~,
• "-
Riverside Associafies, P.C.
2818 Green Sfireefi, Harrisburg, PA '17110
(717} 238-6880
PR4GRE55 SUMMARY (PHASE Il}
Consumer: Brittany Palmer Date: 1 /20/2011
Date of Birth: 5/27/1988 BSU#: N/A
For the period 9/22/2010 through 12/22/2010.
GOALS AND OBJECTIVES
Goal #1:Brittany wi[! utilize communication techniques/strategies towards her C!T
coworkers and staff when she wants to interact with them without` using verbs! ondlar
physics( aggression.
Objectives ~ Starting Level Desired Level
1. Brittany will utilize various communication 4 out of 10 10 out of 10
techniques when she wants to gain attention of opportunities opportunities
others {i.e. says "Hey" or "Hi", waves her hand,
asking supervisor to help her communicate to her
co-workers, or write a note).
2. Brittany will utilize her "I feel" icons 2 out of 10 10 out of 10
opportunities o ortunities
3. Brittany will write her thoughts and feelings. 0 out of 10 3 out of 10
_ o ortunities o portunities
Goal #2: Brittany wi!! utilize coping techniques every time she is angry and/or upset with
.her C!T co-workers without using verbs! crud/or physical a~Qressiorr.
Objectives Starting Level Desired Level
1. Brittany and staff will review her "What to do 5 out of 5 mornings 5 out of 5 mornings
When I am An ry" social sto every mornin at CIT.
2. Brittany and staff will go over her "Friendships" 0 out of 5 days; 5 out of 5 days
social sto every da in her rou .
3. Brittany will utilize various coping techniques 1 out of 5 5 out of 5 ____
when angry as described in her "What to do When I opportunities opportunities
am Angry" social story (i.e. talk to staff, squeeze
stress ball, keep her hands to herself).
4. Brittany will use her "I Feel" icons when she is 0 out of 5 5 out of 5
ang /upset. o ortunities o ortunities
5. Brittany will write down why she is angry/upset. 0 out of 5 5 out of 5
__ o portunities op ortunities
Behavior Support Plan
The Behavior Support Plan (BSP) is typically developed during Phase II of fi.he
Behavior Support program. The BSP identifies how staff or family should intervene
when a consumer displays problematic behaviors. These specific and concrete
intervention strategies are based on the determined functions (through data collectic-n
and consultation with others) of the target behavior for the consumer. 'fhe BSP that:
has been developed is attached to this report. At times the Behavior Support
Associate also develops a list of suggested responses to common actions, or commonly
referred to as a "Do's and Don'ts" list. These are helpful for providing guidance to
staff and teams in various situations that may be problematic: for the consumer. If a~
Do's and Don'ts list was completed, it is attached to this report also.
Comments: Brittany had 6 incidents of problem behaviors during the last 3 months at
her work site, S. Wilson Pollock Center for Industrial Training (CIT). Three incidents;
involved yelling, crying, and hitting the table with her hand/fist and the remaining :3
involved Brittany hitting her co-workers. The function of all problem behaviors was to
gain the attention of her coworkers and/or CIT staff. Her behaviors continue to be
related to her inability to communicate effectively and generally poor communication
skills. The Behavior Support Associate (BSA) created a social story for Brittany on
what to da and not do when angry. She reads this social story every morning with her
CIT case manager, Tara Witmer. Brittany is currently learning how to utilize the ''"I
feel" folder, which would help her express her feelings to others through the use of
picture icons. Brittany has been reluctant to write down her thoughts and feelings as
a means of communication. The Behavior Support Associate is encouraging Brittany to
use writing as a form of communicating with others. Brittanyoccasionally utilizes the
stress ball when she is upset. Due to a change in Behavior Support Associates
(Brittany was not receptive to or willing to work with her previous BSA), the Behavior
Support Plan has not vet been written. It should be completed in the next month or
so and will be reviewed with Brittany's team upon completion.
Amount ~t Type of Behavior Support Service Provided (in ~/a hr. increments):
Behavior Support Activities-
Direct Behavior Support (Includes observation of consumer,
consultation on-site with team members, training team members,
and direct intervention): bg
indirect Behavior Support (Includes functional assessment, data
collection and analysis, developing, monitoring, and updating the
Behavior Support Plan, and all associated worksheets): 50
Total BS Units Provided {in ~/a hr, increments): 1 ~ $
Janet Thornhill, B.A.
Behavior Support Associate
~~'r~
Brenda Laubach, M.A.
Behavior Support Services Supervisor
cc: Riverside Associates Client File
Brittany Palmer/Denise Palmer
Tara Witmer {C!T)
Kimberly Williams (C-P MH/MR)
(Client/Parent)
(Agency Staff)
(Supports Coordinator)
P~btaan forAdfudirabian ~1tx~paa7YandAp~orhbrlenr~afGu!ardian
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA ORPHANS' COURT DIVISION
No. 21-11-0157
In re: BRITTANY NICOLE PALMER, an alleged incapacitated person
AFFIDAVIT OFSERI/ICE
The undersigned hereby verfies that he or she made personal service of the citation and copies of the pe-
tition and preliminary decree upon the alleged incapacitated person. ~ ~l ~ ~ UBP,
Such personal service was made on BRITTANY NICOLE PALMER on at imeJ at
the following location: 1089 West Trindle Road Mechanicsburg, PA 17055
The undersigned hereby verifres that at such time, he or she explained the contents and terms of the peti-
tion to the alleged incapacitated person to the maximum extent possible in language and terms the alleged in-
capacitated person was most likely to understand.
The above statements are made subject to the penalties of 18 Pa.C.S,. § 4904 relating to unswom falsifica-
tion to authorities.
r
Date: ~ /~' ~~ ~ 1,.
Michael C. Giordano
Attorney for Petitioner
Supreme Court I.D. No.: 204699
Office Address: 5000 Zenker Street
Suite 202
Mechanicsburg„ PA 17050
Telephone Number. 717-745-4160
On this...1. ..day of .........., 2011, before me personally appeared the aforesaid declarant and
principal, to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he executed the same as his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of
Cumberland, State of Pennsylvania the day and year first above written.
................'~~, ...................................................... NN Y VANIA
Notary Public NOTARIAL SEAL
u cc
otary
ty
°~ GI Hd uBaro C N .
........ .............................................................. Camp ' ~ ~ umberland Caun
My commission expires My Commission E res February 12„ 20~a
f~6fior- foradJudrea6on of lncapaah~ and Apporn6rerft of Guardran
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA ORPHANS' COURT DIVISION
No. 21-11-0157
In re: BRITTANY NICOLE PALMER, an alleged incapacitated person
AFFIDAVIT OF SERVICE
The undersigned hereby verifies that he made service by Certified Mail of the notice of the Petition and
Hearing upon the alleged incapacitated person's father as noted below.
Such service was made by certfied mail on William A Palmer on March 1, 2011 to the following loa~tion:
699E Simpson Street Mechanicsburg, PA 17055
The above statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom~alsifica-
tion to authorities. '
te: I Zd f D ~
Da ~ Y ~f ti~
Michael C. Giordano
Attorney for Petitioner
Supreme Court I.D. No.: 204699
Office Address: 5000 Lenker Street
Suite 202
Mechanicsburg., PA 17050
Telephone Number. 717-745-4160
On this.........day of .........., 2011, before me personally appeared the aforesaid declarant and
principal, to me known to be the person described in and who executed the foregoing instrumE:nt and
acknowledged that he executed the same as his free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of
Cumberland, State of Pennsylvania the day and year first above written.
..... ..... ~ ~ • v ' ......................................... NOTARIAL SEAL A
Notary Public GINA UBALDI,
Camp Hlil Bono C Notary Public
~ umb~erland County
O~ . "1 ................................ MY Commission Expires February 12, 2U14
............. .. ~..°z..r........~..~
My commission expires
_- ~.
.-