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Home My WebLink About03-07-06 . . \ IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 21 - 06 - : GUARDIANSHIP-INCAPACITATED PERSON PETITION FOR ApPOINTMENT OF GUARDIAN AMANDA M. BRENIZER, an alleged incapacitated person NOW comes petitioner, Marilyn M. Brenizer, by her attorney, Harold S. Irwin, III, Esquire, and presents this petition for appointment of guardian over Amanda M. Brenizer, an alleged incapacitated person, representing as follows: 1. Petitioner is Marilyn M. Brenizer, an adult individual and mother of the alleged incapacitated person, residing at 1137 Petersburg Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The alleged incompetent is Amanda M. Brenizer, born February 27, 1988 (age 18 years), whose permanent residence address is 1137 Petersburg Road, Boiling Springs, Cumberland County, Pennsylvania 17007. Her birth certificate is incorporated herein by reference and attached hereto as Exhibit "A". 3. The alleged incapacitated person became incapacitated and has been unable to handle her own affairs since at least August, 2004 (See Competency Affidavit attached hereto as Exhibit "B"). 4. The following persons are the alleged incapacitated person's next-of-kin: A. Melvin E. Brenizer (Father - 1137 Petersburg Road, Boiling Springs, PA 17007); and B. Marilyn M. Brenizer (Mother / Petitioner - 1137 Petersburg Road, Boiling Springs, PA 17007.) ~I '-, . ; '.) '....J ,\~, ; -". . , . 5. All of the above next-of-kin, parents of petitioner, are in agreement with the requests contained in this petition and have signed consents thereto which are attached below as Exhibits "C" and "0". 6. Petitioner has no knowledge of any other Court within this Commonwealth which has appointed a guardian for the alleged incapacitated person. 7. Prior to the onset of the alleged incapacity, the alleged incapacitated person was a student and possessed no income and no assets. At present, she still has no income or assets. 8. The alleged incapacitated person is incapable of handling her personal and financial affairs for the reasons set forth in the competency affidavit, prepared by her psychiatrist, Barbara Sumbatian, M.D., which statement is incorporated herein by reference and attached hereto as Exhibit "A". 9. Petitioner, having no interest adverse to the alleged incapacitated person, has agreed to act as guardian if this Honorable Court shall so appoint. The consent of the proposed guardian is incorporated herein by reference and attached hereto as Exhibit "D". WHEREFORE, petitioner respectfully requests this Honorable Court issue a rule upon Amanda M. Brenizer, 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. HAROLD S. IRWIN III Attorney for petitio er March 1, 2006 . . VERIFICATION Marilyn M. Brenizer, 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.C.S.A. Section 4094, relating to unsworn falsification to authorities. March 1, 2006 m~ JJ1.6 ' MARILYN . BRENIZE~ .. 830971 EXHIBIT "A" . l ( . IN THE MATTER OF AMANDA M. BRENIZER, an alleged incapacitated person : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 21 - 06 - : GUARDIANSHIP-INCAPACITATED PERSON COMPETENCY AFFIDA VIT I, Barbara Sumbatian, M.D., being duly sworn according to law, depose and say that I am a licensed physician in the Commonwealth of Pennsylvania employed by Holy Spirit Hospital, Camp Hill, PA. I have examined the alleged incapacitated person, Amanda M. Brenizer with care and diligence. Based upon said examination and observation, I am of the opinion that she has been incompetent to manage her own affairs since about August, 2004, and that there is no expectation of her recovery within a reasonable medical certainty. Sworn to and subsc~d before me this 2, da of March, 2006. NorARi,l_>t:.':' -,AROLD S. IRWi[\: :'\iU; ,'--'1 ,i'.A..: -\8[1'3'-t BOROUGh. CUJNlv U "\ (-'()f\-#I~)I,::~"'; I~-; r\:~" -~ ~fi BARBARA SUMBA TIAN, M.D. EXHIBIT "B" . . f . IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 21 - 06 - : GUARDIANSHIP-INCAPACITATED PERSON AMANDA M. BRENIZER, an alleged incapacitated person CONSENT OF NEXT-DF-K1N I, Melvin E. Brenizer, father of Amanda M. Brenizer, do hereby certify that I agree that she is not able to care for herself or her affairs and that it is necessary for a guardian to be appointed to care for and make important decisions for her. I therefore give my consent and agreement that my wife, Marilyn M. Brenizer, be appointed guardian of Amanda M. Brenizer. 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. } }1LQ.~e 4~ MELVIN E. BRENIZER Sworn to and sub.Acribed before e this r L---;"~ da of arch, 2006. NO I;:..., "H(), U S iRVvl' EXHIBIT "C" .. .. .. IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 21 - 06 - : GUARDIANSHIP-INCAPACITATED PERSON AMANDA M. BRENIZER, an alleged incapacitated person CONSENT OF PROPOSED GUARDIAN I, Marilyn M. Brenizer, do hereby certify that I am the mother of the alleged incapacitated person and that I am willing to act as the guardian of her person and estate, 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 the alleged incapacitated person. The facts and opinions contained herein are true and correct to the best of my knowledge information and belief. ft1~ 1n.!3 . MARILY M. BRENIZE~ Sworn to and subscribed before me this "'"2rN day of arch, 2006. EXHIBIT "D"