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Home My WebLink About03-18-09IN THE MATTER OF SUMMER MARIE SPANGLER, an alleged incapacitated person IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA ~~ ORPHANS COURT DIVISION n N0.21 -09-~ GUARDIANSHIP-INCAPACITAT'E~'FERS~NI ".:e ~.~ ....- - ~~: ~ _'>~`; ~ "'L) - ----- --- - - 3 ~{ CJl NOW comes petitioner, SUSAN MARIE SPANGLER, by her attorney, Harold S. Irwin, III, Esquire, and presents this petition for appointment of guardian of the person and estate of SUMMER MARIE SPANGLER, representing as follows: 1. Petitioner is SUSAN MARIE SPANGLER, an adult individual residing at 45 Tip Top Circle, Carlisle, Cumberland County, Pennsylvania 17015. 2. Petitioner is the natural mother of SUMMER MARIE SPANGLER, the alleged incapacitated person, born on September 17, 1990, who resides with petitioner. A copy of her birth certificate is attached hereto as Exhibit "A". 3. The alleged incapacitated person's father, Richard Bruce Spangler, Jr., died on September 23, 1993. 4. The alleged incapacitated person was born with the disease spina bifida and other 1 '._ -J! . __ ~r„r serious medical conditions and is physically and mentally unable to handle her own medical and financial affairs. See Competency Affidavit executed by Louis Heib, D.O., incorporated herein by reference and attached hereto as Exhibit "B". 5. The alleged incapacitated person is in daily and immediate need of medical care and the assistance of petitioner to make medical decisions and handle her financial affairs. Both her medical care and her financial circumstances will be seriously impaired if emergency relief is not granted, now that she is no longer a minor. Furthermore, petitioner is in the process of handling two personal injury claims on behalf of the incapacitated person and requires this appointment in order to conclude those claims and to continue to receive monthly Social Security payments on behalf of the incapacitated person. 6. Although the alleged incapacitated person has two sisters, petitioner is her sole heir at law and next-of-kin. 7. Petitioner is qualified to make financial decisions and, with the assistance of Ms. Spangler's physician, to provide assistance and medical decisions on her behalf. Petitioner has executed a consent to act as guardian for the alleged incapacitated person, which consent is incorporated herein and was attached to the petition as Exhibit "C". 8. Petitioner has no knowledge of any other Court within this Commonwealth which has appointed a guardian for the alleged incapacitated person. 9. The alleged incapacitated person has no assets at this time and her sole income is social security in the amount of $602.00 per month and $434.00 per month retirement income, both of which she receives due to the death of her father in 1993. 10. Petitioner has no interest adverse to the alleged incapacitated person and has agreed to act as guardian if this Honorable Court shall so appoint. WHEREFORE, petitioner respectfully .requests this Honorable Court appoint her guardian of the person and estate of Summer Marie Spangler pending a final order and to schedule hearing in which this matter may be heard and the guardianship made permanent. October 31, 2008 HAROLD S. IRWIN, Attorney for petitio VERIFICATION Susan Marie Spangler, petitioner in this matter, does 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.~.S.A. Section 4094, relating to unsworn falsification to authorities. G~ October 31, 2008 ~~~~-~ -~~~=~~ ~ ~ ~~ SUSAN MARIE SPANGL R . ~ i DATE OF FILE BIRTH NO 09-17-1990 ' 1171$00-.19.90 ': , ' DATE t' FIlEO ~ °. - 10'=49-1990 COUNTY OF D BIRTH DAUFHIN 1. 0 - 001 ~ ~~ ;,_~- -~ , ::NAME ,~~'k, SUMMER MAR L ~ ~, F __ w . ,-, FATHERS NAM ~~ _ UNRECOR LE \ ( ~, .F ,~. MOTHERS 'MAI ~ N1~M ', ~ ~.,_~~~1 ~,((' ~.~ 5U5AN 'MAR ~ ~- ~,.;t~ ~ ~ ' _~ ~~_, " r ~, _ .. ~ j ' ~~ NDLY T.~~~ _ ~ 6~R'T~ r I .. -.. Thls is to certify lhat this is a true copy of the record which Is on file in the Pennsylven a DeDartmen[ of Health, in accortlance withACt 66; P.L. 3~a, aYD"'DtoveO by the General Assamoly, Juln?e029 7~95~3. Robert S. ~mm n, J ., MPH Charles Hardester Sacretalynf Heal Htos.tos (Revosigo) State Reglsrcar ~ • ~ •• • • • + _ _ 10725684 $ME EXHIBIT'~A" IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA SUMMER MARIE SPANGLER, an :ORPHANS COURT DIVISION alleged incapacitated person : NO. 21 - 0~ - GUARDIANSHIP-INCAPACITATED PERSON CONSENT OF PROPOSED GUARD/AN 1, Susan Marie Spangler, do hereby certify that I am willing to act as the guardian of the person and estate of Summer Marie Spangler, if the Court shall so appoint me. Further, I do hereby certify that I am not a fiduciary of any estate in which the alleged incapacitated person has an interest, nor have I any interest adverse to her. The facts and opinions contained herein are true and correct to the best of my knowledge, information and belief. SUSAN MARIE SPANGL Sworn to and subscribed before me this 31sT day of JJctober, 2008. Notary Public ~1vIIv[ONWEALTH OF PEA NOTARIAL SEAL [iaroid S. Irwin Iii, Esq, Notary Public Carlisle, Cumberland County WIv commission expims February 06, 2011 EXHIBIT "~~ 03-11-'09 10,43 FEOM-IEUIIN LAU1 OFFICE 7172439200 T-565 P002/002 F-281 IN THE MATTER OF SUMMER MARIE SPANGLER, an IN THE COURT OF COMMON PLEAS OF CUMOERLANO COUNTY, PENNSYLVANIA :ORPHANS COURT DIVISION alleged incapacitated person : NO. 21 - 0~ - GUARDIANSHIP-INCAPACITATED PERSON COMPETENCY AFFIDAVIT I, Louis Hieb, D.O., being duly sworn according to law, depose and say that I am a licensed physician in the Commonwealth of Pennsylvania employed by Sadler Health Center. I have examined the alleged incapacitated person, Summer Marie Spangler, with care and diligence. Based upon said examination and observation, I am of the opinion that she is incompetent to manage her own affairs and that there is no expectation of her recovery within a reasonable medical certainty. Sworn to and subscribed before me this ~ day of March, 2 4 ~~a Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Nicolette Shaddodc, Notary Public Silver Spring Twp., Cumberland County My Commission Expires Aug. 2, 2009 Member, Pennsylvania Association of Notaries ~~_~~~ L o ~c, r l~/,~-`s /~ LOUtS HEIB, D.O. EXHIBIT "B"