Loading...
HomeMy WebLinkAbout03-03-09IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA BETTY S. HERMAN, an alleged : NO. incapacitated person GUARDIANSHIP-INCAPACITATED PERSON PETITION FOR APPOINTMENT OF GUARDIAN ~ CO o NOW comes petitioner, MARY E. GETZ, by her attorney, Harold S. Irwin, III, Esc~~'c~nd ~ _. ~__ ~: presents amended petition for appointment of guardian over Betty S. Herman, a > d w `-~.` ~ ~-; incapacitated person, representing as follows: c~~~ ~ . ~ ~ _ - 1. Petitioner is MARY E. GETZ, an adult individual and daughter of the alleged o ~' incapacitated person, residing at 570 Old Quaker Road, Lewisberry, PA 17339. Petitioner's consent to this guardianship is incorporated herein by reference and attached hereto as Exhibit ~~A„ 2. The alleged incompetent is BETTY S. HERMAN, born October 4, 1927 (age 81 years), whose permanent residence address is 855 West North Street, Carlisle, PA 17013. 3. The alleged incapacitated person became incapacitated and has been unable to handle her own affairs since at least January, 2009. 4. The alleged incapacitated person has two children who are her next-of-kin. Those individuals are the petitioner, Mary E. Getz, and Patricia J. Nace (residing at Forest Park Nursing Home, Carlisle, Pennsylvania). 5. Petitioner has no knowledge of any other Court within this Commonwealth, which has appointed a guardian for the alleged incapacitated person. 6. Prior to the onset of the alleged incapacity, the alleged incapacitated person has retirement income of less than $1,000.00 per month. Her only assets are a CD at Members 1St Federal Credit Union and her residence in Carlisle, Pennsylvania. 7. The alleged incapacitated person is incapable of handling her financial, personal, and medical affairs for the reasons set forth in a competency affidavit, prepared by her treating physician, which statement is incorporated herein by reference and attached hereto as Exhibit ~, B» 8. Petitioner, having no interest adverse to the alleged incapacitated person, has agreed to act as guardian if this Honorable Court shall so appoint. WHEREFORE, petitioner respectfully requests this Honorable Court issue a rule upon Betty S. Herman, the alleged incapacitated person, with notice thereof to be given to her next-of-kin, and to such other persons as this Court may direct, to show cause why she should not be adjudged an incapacitated person and petitioner be appointed guardian of her person and estate. February 24, 2009 HAROLD S. IRWIN, III Attorney for Petitioner VERIFICATION I, Mary E. Getz, petitioner in this matter, do hereby depose and state that the facts contained in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. ~ M ~~; ' , ,'f February ~, 2009 ~` w MA E. Z, Petitioner ; IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA BETTY S. HERMAN, an alleged : NO. incapacitated person GUARDIANSHIP-INCAPACITATED PERSON CONSENT OF PROPOSED GUARDIAN I, Mary E. Getz, hereby certify that I am the daughter of the alleged incapacitated person and that I am willing to act as guardian of her person, if the Court shall so appoint me. Further, I do hereby certify that we are not a fiduciary of any estate in which the alleged incapacitated person has an interest nor have I any interest adverse to the alleged incapacitated person. The facts and opinions contained herein are true and correct to the best of my knowledge information and belief. `~ Mary . Ge Sworn to and subscribed before me this ~ day of Februy~ry, 2009. Notary Public ~MMONWEALTH OF PENNSY LvAN-E NOTARIAL SEAL Harold S. Irwin lii, Esq, Notary Pubtic ' ~ Carlisle^Cu mb*e~rlanb~ ~ 2011 EXHIBIT ~~A" IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA BETTY S. HERMAN, an alleged : NO. incapacitated person GUARDIANSHIP-INCAPACITATED PERSON COMPETENCY AFFIDAVIT I, ~~n.L~-~ f'- ~t UP,Q~~ ,being duly sworn according to law, depose and say that I am a licensed physician in the Commonwealth of Pennsylvania. I have examined the alleged incapacitated person, Betty S. Herman, with care and diligence. Based upon said examination and observation, I am of the opinion that she is incompetent to manage her own financial, personal and medical affairs and that there is no expectation of her recovery within a reasonable medical certainty. In addition, it is my opinion that no useful purpose would be served by her appearance at a hearing to adjudicate her competency and, in fact, attendance at such a hearing could well be adverse to her well being. Sworn to and subscribed before me this day of February, 2 09. Notary Public OMMONWEALTH OF YENN~-~ NOTARIAL SEAL Harold S. Irwin Iii, Esq, Notary Public Carlisle, Cumberland County • ~,, ,,,,,,,,,,;csion cxpires February 06, 2bll EXHIBIT "B"