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HomeMy WebLinkAbout02-05-10 (2)BOM ~' c, ~~ LITLILAKIS ~ ~ -~ ,. ~, ~ ~:? s S te ~ ~ `r Michelle L. Sommer, Esquire j r - t, Attorney LD. No.: 93034 '~:, ~ ~ ~ jy '~ a ~~-~ ~ ~ ' `~ j 2 West High Street ~ ~ ~ t_~ -. ~ Carlisle, Pennsylvania 17013 ~~ ~ t ~ (717) 249-0900 ~~ ~ ~ --'I • • ~ ~ r l C" ? ~'# Cx3 IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW BRINK, an ORPHANS COURT DIVISION Alleged incapacitated person NO. 09-1198 GUARDIANSHIP-INCAPACITATED PERSON TO THE HONORABLE KEVIN A. HESS, JUDGE OF SAID COURT: MOTION FOR CONTINUANCE AND NOW, this 5r'' day of February, 2010, comes Thomas J. Brink, by and through his attorney, Michelle L. Sommer, Esquire of Abom & Kutulakis, L.L.P., and respectfully petitions this Honorable Court to grant a continuance of the above matter, and in support thereof avers the following: 1. A Petition for Appointment of Guardian and Notice was filed on behalf of Matthew Brink on December 28, 2009. (Copy of Said Petition is attached as Exhibit "A"). 2. An Order was signed by Judge Hess on January 6, 2010, issuing a Rule to Show Cause why a guardian of his person and estate should not be appointed. 3. A Hearing was scheduled for February 10, 2010 on said Petition filed by Lisa A. Brink and Thomas S. Brink, through their attorney, Karl E. Rominger. (Copy attached as Exhibit "A"). 4. On February 5, 2010, the law office of Abom & Kutulakis, L.L.P., namely Michelle L. Sommer, Esquire, was retained by Mr. Thomas J. Brink, brother of Matthew Brink, to represent him in the above matter. 5. Undersigned counsel is in the process of obtaining additional information regarding the above matter. 6. Opposing Counsel, Karl E. Rominger, was contacted and does not consent to our request for a continuance. 7. Due to the fact that counsel is obtaining additional information and was just retained in this matter, undersigned counsel respectfully requests a continuance of the Hearing scheduled for February 10, 2010. WHEREFORE, Petitioner prays that This Honorable Court grant his request for a continuance in this matter. ~~ Date Respectfully Submitted, ABOM&K~T~LAxr~ L.L.P. c Michelle L. Somm ~ squire Attorney I.D. No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Thomas J. Brink 1N THE MATTER OF IIv THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN?~rSYLVANIA MATTHEW BRINK, an ORPHANS COURT DIVISION Alleged incapacitated person NO. 09- ti' ~~ Gt1ARDIANSHIP-INCAPACITATED PERSON PETITION FOR APPOINTMENT OF GtiARDIAN NOW comes petitioners, LISA A. BRINK and THOMAS S. BRINK, by their attorney, Karl E. Rominger, esquire, and presents this Petition for appointment of guardian of the person and estate of MATTHEW BRINK, representing as follows: 1. Petitioners are LISA A. BRINK, an adult individual residing at 7761 Solid Rock Drive, Alexandria, Pennsylvania 16611-2433 and THOMAS S. BRINK, an adult individual residing at 89 Country View Estates, Newville, Pennsylvania 17241. 2. Petitioners are the riatural mother and father, respectively, of MATTHEW BRINK, the alleged incapacitated person, born on December 31, 1991, who resides with his father, Thomas S. Brink. 3. The alleged incapacitated person was seriously injured in an automobile accident which left him with serious medical conditions making him mentally unable to handle his own financial affairs. See Competency Affidavit executed by Dr. Louis Hieb, D.O., incorporated herein by reference and attached hereto as Exhibit "B". 4. The alleged incapacitated person is in daily and immediate needs of medical care and the assistance by Petitioner, Lisa A. Brim: to handle his medical care and for proposed guardian of the estate Orrstown Bank to handle his financial decisions and fairs. B~tl~ his - ~ ~ __.. medical care and financial circumstances will be seriously impaired if emerbency. rehefris not granted, now that he will no longer be a minor in December, 2009. c:~ -, - , _, , ---; .,, ._ EXHIBIT - 11 T II -Tf ~. The alleged incapacitated person's natural father, Thomas S. Brim:, is agreeable with appointing Petitioner, Lisa A. Brink as Quardian of the person MATTHEW BRP_v'K and appointing Orrstown Bank as guardian of the estate of MATTHEVd BRINK. An affidavit signed by Thomas S. Brink is attached hereto as Exhibit "C". 6. Petitioner Lisa A. Brink is qualified to make medical decisions and proposed guardian of the estate Orrstown Bank is qualified to make financial decisions. Petitioners have executed a consent to have Lisa A. Brink act as guardian of the person for the alleged incapacitated person and to have Orrstown Bank appointed to act as guardian of the estate for the alleged incapacitated person, which consent is incorporated herein and is attached hereto as Exhibit "D". 7. Petitioners have no knowledge of any other Court within the Commonwealth which has appointed a guardian for the alleged incapacitated person. 8. Petitioners have no interest adverse to the alleged incapacitated person and have agreed to have Lisa A. Brink act as guardian of the person and Orrstown Bank act as guardian of the estate if this Honorable Court shall so appoint. 9. The alleged incompetent has substantial monies and assets in his name, and the same should be frozen pending the outcome of this Petition. WHEREFORE, Petitioners respectfully- requests this Honorable Court appoint Lisa A. Brim: as guardian of the person and Orrstown Bank as guardian of the estate of Matthew Brink pending further order and to schedule a hearing in which this matter may be heard and the guardianship made permanent. Respectfully Submitted, Rominger & Associates Date: December 28, 2009 K ' .Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID #81924 Attorney for Petitioner 1N THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW BRINK, an ORPHANS COURT DIVISION Alleged incapacitated person NO. 09- GUARDIANSHIP-INCAPACITED PERSON VERIFICA'ITON We, Thomas S. Brink and Lisa A. Brink, Petitioners in this matter, do hereby depose and state that the facts contained in the foregoing Petition are true and correct to the best of our knowledge, information and belief. We 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. /' r Date: ~~~, J ~ ~...~ n~~~~.~ CMG . °r-'~ Lisa A. Brink, Petitioner ~~ -_ ~ Ci9 i::. ; ~._ FhOf~i- :NGEri c~ ri~ ~~C 17~4~ 6~, r ~ T- ~ PG~2~ ~C~ F-~_~~, IN TIDE 1'~,.A Y ~'L'I~ 4p : IN T~ C®€~. T OF COQ©IV I°~EAS Op CUMBE '' AND COU'l~'Tl', YENNS~ VANIA MATTI-~W BR.TNK, an ORPHANS COURT DIVTSICN Alleged incapacitated person NO. 09- GUARDI~II`TS~III'-INCAI'ACITED PERSON ~'[)1~Pl~T~N'CY .t~,~FIDAVIL"T T, T.ouis Hieb, D.O., being duly sworn according to law, depose and state that T am a licensed physician in the Commonwealth of Pennsylvania employed by Sadler flealth Center. I have examined the alleged incapacitated. person, Matthew Brink, with care and diligence, Based upon said examination and observation, I am afthe opinion that he is incompetent to manage his own afi'airs s.nd there is no expectation of his recovery within a reasonable medical certainty. Date: ~,j ;~ ~; ~ .~~. ~ -.----, Louis Hieb, D.O. COMMONWEALTH Op PENNSYLVANIA COUNTY OF ~ u.~~"iC~ SS: On this, the day o~ I °Zrn~2-e_~ , ?009, before me a notary public, the undersigned officer, personally appeared Louis $ieb, D.O., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and offici seal, ~'' ,';~~ co ~ i/ wEAI-TFi of PEIVNSY Vq~y~q Tam ~ otaryPublic Cen+n~ ~e~ara c°~,ty M~am4er, Ponn~y+ve~~E n A ~~~atia~~ E~~-IY]B~T' ~6B» IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PEN1~iSYLVANIA MATTHEW BRINK, an ORPHANS COURT DIVISION Alleged incapacitated person NO. 09- ~"-- GUARDIANSHIP-PvCAP~ ACITE,D PERSON AFFIDAVIT ~/ I, Thomas S. Brink, Natural Father of Matthew Brink, and ask the Court to approve the Guardianship Petition provided by Attorney Karl E. Rominger, Esquire, which I am in favor of. I waive my right to be present at any hearing. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities Date: / c'i COMMONWE TH OF PENNSYLVANIA COUNTY OF ~ ~t ~~~"' Thomas S. Brink, Natural Father of Matthew Brink SS: On this, the~~day of~[~.~~~~` , 2009, before me a notary public, the undersigned officer, personally appeared Thomas S. Brink, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and officialseal. r (=1'~, NWEALTH QF PENNSY~V t'~rYels ~, Pu~c ~ng~,~4 ~ ~kM-, A~~Yi1118 fii d119fl 6Rfl9§ otary Public EXHIBIT "C" IN THE MATTER OF Pv THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE?~,~TSYLVANIA MATTHEW BRINK, an ORPHANS COURT DIVISION Alleged incapacitated person NO. 09- GUARDIANSHIP-NCAPACITED PERSON CONSENT OF PROPOSED GUARDIAN I, Lisa A. Brink, do hereby certify that I am willing to act as the guardian of the person of Matthew Brink, 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 him. The facts and opinions contained herein are true and correct to the best of my knowledge, information and belief. Date: .{moo - ~~ Lisa A. Brink, Petitioner COMMONWEALTH OF PENNSYLVANIA ~, ) SS: COUNTY OF ~,~-~~--~0~-~~i,~.' ) On this, the~~day of~~` ~~?~/tA~~~'' , 2009, before me a notary public, the undersigned officer, personally appeared Lisa A. Brink, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and offici~ai seal. ~~~ ~ ~ ,-S ~ s ~pp~~gC)NWEgLTH p~ pE~kSY V IA o ary Public Sammlo L Fakers, NotatY eBflro, 1 ypofPl~b@t,~ t~ Assoclatlan qt Notmles EXHIBIT "D" IN THE MATTER OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MATTHEW BRINK, an ORPHANS COURT DIVISION Alleged incapacitated person NO. 09-1198 GUARDIANSHIP-INCAPACITATED PERSON CERTIFI ATF OF FRVI E AND NOW, this 5`'' day of February 2010, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Motion for Continuance, upon the Plaintiff by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 ABOM&KvTULAxrS, L.L.P. ~~• Michelle L. So er, Esquire Attorney I.D. No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Thomas J. Brink