HomeMy WebLinkAbout06-02-08-I. '~t' ' rl_
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In Re: Jake Nicholas Sherman, IN THE COURT OF COMM~'PL" EAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.21-OS-0310
ORPHANS' COURT DIVISION
GUARDIAN FOR MINOR
PETITION TO VACATE GUARDIANSHIP
Petitioner, Mallory F. Sherman, by and through her attorneys, the Family Law Clinic,
hereby requests that the Court vacate the Decree appointing a Guardian of the Person of a Minor
Child Under the Age of Fourteen Years entered on April 6, 2005 in the above-captioned case. (A
copy of the Decree is attached as Exhibit A) In support of her request, Petitioner avers the
following:
1. Petitioner (Mother} is the biological mother of Jake Nicholas Sherman ("the
child"), born February 19, 2005.
2. Mother was nineteen years old when the child was born.
3. Mother has raised the child since his birth.
4. Mother did not consent to the Petition for Appointment of Guardian of the child
(as was indicated in paragraph three of the petition), nor did the appointed
Guardian, the child's maternal grandmother, seek her consent.
5. Mother was not aware that the Court had appointed a guardian for the child until
May 9, 2008, when the appointed Guardian showed a copy of the Decree to the
Hampden Police Department to prevent Mother from exercising custody of the
child.
6. Appointment of a guardian for the child was not necessary.
7. The child was not without a guardian when the Decree appointing a Guardian was
established, as Mother was living with the child at the time.
No averment was made in the Petition for Appointment that the child was without
a guardian. Therefore, the requirements of Pennsylvania's Orphans' Court Rule
12.5(b) (4) were not met.
9. Mother filed a Complaint for Custody and a Petition for Special Relief on May
20, 2008 and a hearing is scheduled for June 5, 2008.
10. Pursuant to Cumberland County Rule of Procedure 208.2(d), Mother's counsel
sought the concurrence of opposing counsel, G. Patrick O'Connor Esquire.
Concurrence was not received as of the time of filing this Petition.
11. The Honorable Edward E. Guido entered the current Decree in this matter.
WHEREFORE, Plaintiff requests that the Court revoke or vacate the Appointment of
Guardian Decree entered on Apri16, 2005, or in the alternative, schedule this matter for a
hearing on June 5, 2008 at the same time as the Petition for Special Relief is being addressed.
Respectfully Submitted,
Angel Bradley ~
Certified Legal Intern
~~
UCY TON-WALSH
Supervi m Attorney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
VERIFICATION
Understanding that the making of any false statement would subject me to the penalties
of 18 Pa.C.S § 4904, I verify that I am the Petitioner in the present action, and that the facts and
statements contained in the above Petition are true and correct, to the best of my knowledge,
information and belief.
Date Mallory F. Sh an
' RECEIVEQ aFR 0 ~ ~1a0~
IN THE COURT Q.F COMMON PLEAS OF CUMBERLAND COLINTY,
PENNS~L'VANIt1,
IN R.E:
JAKE NICHOLAS SzFRMAN
O~H.4NS' COURT DTViSION
GU.A.R,DIAN FpR MINOR
DECRFF
A.N.D NpW, this ~ day of ~, X045, upon GonSideratian of 1
he
Petition for Appointment of Guardian of the Person of a IV~in.ar Cixil.d Under the Age of
k'ourteen Fears, filed by Theresa L, Sharman, it is hereby ordered and decreed that
Theresa L. Sherman is appointed. guardian of ills person of Jake Nicholls Sherman, a
rniyzar.
e Court:
Judge
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