HomeMy WebLinkAbout03-23-11w THE couar OF COMMON PLEAS OF CUMBERLAND COUMY,
PENNSYLVANIA ORPHANS' COURT DNISION
No. 21-11-0157 ~ ~ ---
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In re: BRITTANY NICOLE PALMER, an alleged incapaatated person ~, __, {- -~~'
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FINAL DECREE OF COURT DETERMINING INCAPACITY ,_ ~,
AND APPOINTING PLENARY GUARDIAN OF THE PERSON AND ES'C~~ =-
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AND OW t is '3 day of ~ , 2011, a hearing having been held
on ~~ ,`~ ,and it appearing to the Court that BRITTANY NICOLE PALMER
was served with a Cita on and Notice of this hearing on and
was present at the hearing (or) the Court finds that the physical or mental condition of
BRITTANY NICOLE PALMER would be harmed by her presence at the hearing, and further finds from
the testimony:
1. That BRITTANY NICOLE PALMER suffers from Cerebral Palsy and mild
retardation as well as other physical ailments, which conditions or disabilities
totally impairs her capacity to receive and evaluate information effectively and to
make and communicate decisions concerning her management of financial
affairs or to meet essential requirements to her physical health and safety.
2. That there are insufficient supports available to assist BRITTANY NICOLE
PALMER in overcoming such limitations and that there exists no less restrictive
alternative mechanism for decision making than the appointment of a plenary
Guardian.
3. That based on the total incapacity of BRITTANY NICOLE PALMER to receive
and evaluate information and to make or communicate decisions, a Plenary
Guardian of the Person and a Plenary Guardian of the Estate are required on a
permanent basis.
NOW, THEREFORE, based on the clear and convincing evidence supporting the foregoing
findings, it is ORDERED, ADJUDGED and DECREED that BRITTANY NICOLE PALMER be and is
hereby adjudged an incapacitated person and DENISE PALMER is appointed Permanent Plenary
Guardian of the Person and DENISE PALMER is appointed Permanent Plenary Guardian of the
Estate. In addition, it is further ORDERED and DECREED that MEGAN R. PALMER shall be
appointed as the Successor Permanent Plenary Guardian of the Person and MEGAN R. PALMER is
appointed Successor Permanent Plenary Guardian of the Estate, if and when DENISE PALMER can
no longer serve in such capacity.
The Permanent Plenary Guardian of the Person shall have authority to consent to the general
care, maintenance and custody of BRITTANY NICOLE PALMER, without exception.
The Permanent Plenary Guardian of the Person shall assure that BRITTANY NICOLE
PALMER receives appropriate services and shall assist her in developing self-reliance and
independence.
The Permanent Plenary Guardian of the Estate shall have the authority to marshal all of
BRITTANY NICOLE PALMER's income and assets, pay her bills and manage her financial affairs as
fully as BRITTANY NICOLE PALMER could do so herself if she had not be adjudged incapacitated.
Within sixty (60) days of the death of the incapacitated person or an adjudication of capacity
and modification of existing orders, the Guardian of the Estate shall file a final report with the Court in
the form prescribed for accounts and shall cover the period from the date of the appointment of the
Guardian of the Estate to the date of death of the incapacitated person or the adjudication of capacity.
A Surety Bond shall not be required at the present time as the value of the estate does not
warrant it.
BRITTANY NICOLE PALMER, an incapacitated person, has the right to appeal this Order of
Court by filing exceptions with the Clerk of the Orphans' Court Division within twenty (20) days of the
date of this Osier or to file an appeal with the Prothonotary's Office of the Superior Court of
Pennsylvania within thirty (30) days of the date of this Order or petition this Court for a hearing to
review or terminate the adjudication of incapacity and guardianship herein established.
If BRITTANY NICOLE PALMER was not present at this hearing on appointment of a guardian
then petfioner shall serve upon and read to BRITTANY NICOLE PALMER the Statement of Rights, a
copy of which is attached to this Order on Exhibit "A", and file proof of such service with this Court
within ten days.
By the rt:
Judge
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: BRITTANY NICOLE PALMER ,ALLEGED INCAP CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-11-0157
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 03/23/11
JUDGE'S INITIALS:
TIME STAMP DATE: 03/23/11
IN RE: FINAL DECREE
SERVICE TO: BRITTANY NICOLE PALMER DENISE PALMER
MEGAN R PALMER
WILLIAM PALMER
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 3/23/ 11
ENVELOPES PROVIDED BY:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO: MICHANAEL C GIORDANO ESQ
METHOD OF MAILING:
^ USPS
^ RRR
® HAND DELIVERED
^ OTHER
MAILED: 03/23/11
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
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Margie Wev a
ls` Deputy
Clerk of Orphans' Court