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Home My WebLink About04-04-14 (2) N n , � s � rn � �. o rn � r� � � �? o -ci � � � ;� _ � --� a � mrn r- � � .,' G� �,' 1 ;� p '.. . ;�-, <.� O 4..�:7 � � . -l•) -T� . . {^� � � � � � �� '� h : :.:� co r-- rn � --� r D � N � C!'1 IN RE: : IN THE COURT OF COMMON PLEAS SANYA M.WAGNER, : CUMBERLAND COUNTY,PENNSYLVANIA an alleged incapacitated person : ORPHANS' COURT DIVISION : DOCKET NO. 2� '�(.�' f%�J �I PETITION TO ADJUDICATE AN INCAPACITATED PERSON AND TO APPOINT PLENARY GUARDIANS OF HER ESTATE AND PERSON AND NOW,come Douglas K.Wagner and Paula M.Wagner(hereinafter"Petitioners"),by and through their undersigned counsel, and make the following petition: 1. Petitioners are husband and wife residing at 601 Wayne Drive,Mechanicsburg(Upper Allen Township), Cumberland County, Pennsylvania 17055. 2. Petitioners are the natural parents of the alleged incapacitated person, Sanya M. W agner. 3. Sanya M. Wagner was born on October 17, 1984, and is now 29 years of age. 4. Sanya M. Wagner has never been married. " 5. Sanya M. Wagner is a lifelong resident of Cumberland County,Pennsylvania,but at the time of the accident described below, she was temporarily living at 612 Range End Road, Dillsburg, York County, Pennsylvania 17019. 6. Sanya M. Wagner suffered traumatic injuries in a motor vehicle accident on March 20,2014,and she has been a patient in the intensive care unit at Penn State Hershey Medical Center since that time. 7. Sanya M. Wagner suffered diffuse axonal brain injury which has left her in a persistent vegetative state with no indication of her regaining consciousness in the near future. � 8. In addition to her traumatic brain injury, Sanya M. Wagner suffered broken ribs, a broken pelvis, and a bulged disk in her neck. 9. Sanya M.Wagner is currently on a respirator and receiving intravenous nutrition and hydration. 10. Attached hereto as Exhibit"A"and incorporated herein by reference is a letter from Ariel Santos, MD, of Penn State Hershey Medical Center, stating that Sanya M. Wagner is unable to make medical decisions or handle her legal or financial affairs. 11. Sanya M. Wagner(a) is unable to receive and evaluate information effectively and communicate meaningful decisions,(b)is unable to manage her financial resources and(c)is unable to meet essential requirements for her physical health and safety. 12. Sanya M. Wagner has not signed a power of attorney. 13. Sanya M. Wagner has not created a trust to manage her financial resources. 14. Sanya M. Wagner's assets consist of the following: a. A checking account at PNC Bank with an approximate balance of$1,000.00; b. Miscellaneous personal effects; c. A Chevrolet Cavalier which was deemed a total loss after the accident. 15. Sanya M. Wagner was employed by Merry Maids with an approximate income of $22,000.00 per year. 2 16. Petitioners propose to serve as plenary guardians of the estate and person of Sanya M. Wagner with authority to act jointly or individually. Petitioners' consents to serve are attached hereto as Exhibit"B" and incorporated herein by reference. 17. Petitioner pouglas K. Wagner is not employed due to medical disability. 18. Petitioner Paula M. Wagner is employed by National Flood Services in data entry. 19. Petitioners have no interest adverse to the interests of Sanya M. Wagner. 20. No other court has assumed jurisdiction in any proceeding to determine the incapacity of Sanya M. Wagner. 21. In addition to her parents (the Petitioners), Sanya M. Wagner has the following immediate family: a. Tanya M. Wagner(sister), 601 Wayne Drive, Mechanicsburg PA 17055; b. Douglas K. Wagner Jr. (brother), ll 17 Diamond Ct., Harrisburg PA 17111; c. Jacob D. Myers (son, age 4), 612 Range End Road, Dillsburg PA 17019. 22. Tanya M. Wagner and Douglas K. Wagner Jr. have consented in writing to the appointment of Petitioners as plenary guardians of the estate and person of Sanya M.Wagner. Their Consents are attached hereto as Exhibit"C" and incorporated herein by reference. WHEREFORE, Petitioners respectfully request that the Court enter an order awarding a citation directed to Sanya M. Wagner, the alleged incapacitated person, with notice thereof to be given to such other persons as the Court may direct,to show cause why she should not be adjudged 3 an incapacitated person and why Petitioners should not be appointed plenary guardians of her estate and person, to serve jointly or individually, and to serve without bond. HALBRUNER, HATCH & GUISE, LLP BY: � Mark E. Halbruner, Esquire Supreme Court I.D.No. 66737 2109 Market Street Camp Hill PA 17011 (717) 731-9600 (Attorneys for Petitioners) Date: �1 Z/ � �' 4 _ EXHIBIT "A" Mar, 31. 2014 8;46PM 717-531-0321 No. 7303 P, 1/1 PENNSTAT�: !�-l�:I�SHFY � M�1ton 5. Hcrsllcy Meciic��l Ccntci' Dlvision of'1'rauro;t,Ac��ir C'xre Sur�;cry �nd<:'ritic.Hl f.'Ni•c. Milto��S_IIersLc}�Mcdical Ccntcr 50a Univcrsiry Dr.,MG H475 Hcrsitcy,l'A 17033-OR50 'f�lcphunn'717-53f-7161 l�u;c' 717•531-0321 Date: March 28,2o�,4 7o Attorney Mark Halbruner Fax; 717-731-9627 Re: Saitya M Wa�ner DOB ��/�7/1984 Ms.Sanya M.Wagner is a patient in the Penn State Hershey Medical Cer�ter. She suffered traumatic injuries due to a motorvehlcle crasl�on 03/20/2014 a��d she has been a patient in the intensive care unit since that tl►ne. Due ta the sevority of her injury she is unabie to rnake medical declslons or handle any of her legal or fir►ancial affairs. Sincerely, � �rl`t�)c: � San#o�IVID ��firauma/Acute Care Surgery Y��-�� .� AnEqual Oppoctuniq�Uni�er�ii�. EXHIBIT "B" COMMONWEALTH OF PENNSYLVANIA : . SS: COUNTY OF CUMBERLAND . DOUGLAS K. WAGNER, being duly sworn according to law, deposes and says that the facts set forth in the foregoing petition are true and correct to the best of her knowledge,information and belief. I further attest as follows: 1. I hereby consent to act with my spouse,Paula M.Wagner,as plenary guardians of the estate and person of our daughter, Sanya M. Wagner. 2. I now reside at 601 Wayne Drive, Mechanicsburg PA 17055. 3. I am not employed due to medical disability. 4. I am a citizen of the United States of America, and I can speak, read and write the English language. 5. I have no interest adverse to my daughter,Sanya M.Wagner,the alleged incapacitated person. � �� > DOUGLAS K.WA ER Sworn to and subscr�ibed before me this n�` day of /' � , 2014. o�!� Notary Public C•7MMONWEALTH OF PENNSYLVANIA Notarfal Seal Traci L.Sepkavic,Notary Public Lemoyne Boro,Cumberland County My Commission Expires March 27,2016 MEMBER,PENNSYLVANIA A5$Oqq170N Of NOTARIES '"" iiciYti).�aa.:+�f,. . .. ,`�� .'��. µ �: �``�� .�:.,, �'i;7 .i,y - - _ s`. . .. �.,. 1�. � ' .� .�. _ ., . , - c- . .. , c� , � __ .' _ -� .� �,' �^ �� ;,�• 'kv� `l- COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND : PAULA M.WAGNER,being duly sworn according to law,deposes and says that the facts set forth in the foregoing petition are true and correct to the best of her knowledge, information and belie£ I further attest as follows: 1. I hereby consent to act with my spouse,Douglas K. Wagner,as plenary guardians of the estate and person of our daughter, Sanya M. Wagner. 2. I now reside at 601 Wayne Drive, Mechanicsburg PA 17055. 3. I am employed by National Flood Services in data entry. 4. I am a citizen of the United States of America, and I can speak, read and write the English language. 5. I have no interest adverse to my daughter,Sanya M.Wagner,the alleged incapacitated person. � �; � � z PAULA M. WAGNER Sworn to and subscr bed before e this�day of /' ` , 2014. � � �/ C, Notary Public C7MMONWEALTH OF PENNSYLVANIA Notarial Sea► Traci l.Sepkovic,Notary Public Lemoyne Boro,Cumberland County My Commission Expires March 27,2016 MEMBER,PENNSYIVANIA ASSOCIA170N OF NOTARIES . ,; � J EXHIBIT "C" ' t 3 CONSENT TO APPOINTMENT OF EMERGENCY AND PLENARY GUARDIANS I, TANYA M. WAGNER, being the natural sister of Sanya M. Wagner, and having been notified of the petition to adjudicate her an incapacitated person and to appoint emergency and plenary guardians of her estate and person,hereby consent to the appointment of Douglas K.Wagner and Paula M. Wagner to serve jointly or individually as emergency and plenary guardians of the estate and person of Sanya M. Wagner, to serve without bond. � . �� TANYA . WAGNER COMMONWEALTH OF PENNSYLVANIA . . SS: COUNTY OF CUMBERLAND . On this,the�nU�'day of /�I I ,2014,before me,a Notary Public,the undersigned officer, personally appeare TANYA M. WAGNER, 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. � 1�! �- No ary Public C�MMONWEALTH OF PENNSYLVANIA Notdrial Sea! Traci L.Sepkovic,Notary Public Lemoyne Boro,Cumberland County MY Commisslon Expires March 27,2016 MEMBER,PENNSYLVANIA A$$p�(qTjON OF NpTARIE$ � - . � . CONSENT TO APPOINTMENT OF EMERGENCY AND PLENARY GUARDIANS I,DOUGLAS K.WAGNER JR.,being the natural brother of Sanya M.Wagner,and having been notified of the petition to adjudicate her an incapacitated person and to appoint emergency and plenary guardians of her estate and person,hereby consent to the appointment of Douglas K.Wagner and Paula M. Wagner to serve jointly or individually as emergency and plenary guardians of the estate and person of Sanya M. Wagner, to serve without bond. r D AS . W GNER JR. COMMONWEALTH OF PENNSYLVANIA : � ,�t/b.Gt�c�'�-a�.. . SS: COUNTY OF u . On this,the�day of ,2014,before me,a Notary Public,the undersigned officer, personally appe red DOUGLAS K. WAGNER JR., 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 purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. �� Notary Public C'�MMONWEAI.TH QF PENNSYLVANIA Notarial Seal Tracf L.SepkOVlc,NoWry Public Lemoyne Boro,Cumberland County M CommlSSlon Expires Marth 27,2016 MEMBER,PENNSYWANL4 0.SSOCIATION OF NOTARIES _:,a��,,,�. � f, `�.�� " � � .. "` 1'Je u�:s - . . .. �y . .�� •- -. � � ;t,:� ' .� . ' �a ' - . ' �:bi�'J'� �,'1.,-»". � � . .. �� i��fI'�� .�� s�7ve�.