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HomeMy WebLinkAbout08-25-10~ ~~ IN THE COURT OF COMMON PLEAS OF LANIE MARIE SWANGER, a minor :CUMBERLAND COUNTY, pENNSYLVANIA ORPHANS COURT DIVISION . ,~ ~?-'~~_ PETITION FOR APPOINTMENT OF PLENARY GUARDIANS t ~~, OF THE PERSON AND ESTATE OF A MINOR ~"~''' -> .-~ c J ~; -1 AND NOW come Patricia D. Shelton and John W. Shelton, her husband, b~!,t~ir attorney, Anthony L. DeLuca, Esquire and petition the court to appoint them the Plenary Guardians of the Person and Estate of their great granddaughter, Lanie Marie Swanger, born on September 6, 2003, as follows: 1. The Petitioners are Patricia D. Shelton and John W. Shelton, her husband, adult individuals who reside at 512 Lexington Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The petitioners are the grandparents of Danielle E. Long, a 26 year old adult, who resides at 107 E. Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The said Danielle E. Long is the natural mother of the minor child, Lanie Marie Swanger. She is also the mother of Jeriah A. Swanger, age 2 and Nevaeh V. Newell, age 1 month. 4. Mark D. Swanger, an adult individual, who resides at 4003 Roxbury Road, Shippensburg, Pennsylvania 17257, is the natural father of the minor child, Lanie Marie Swanger. He is also the father of Jeriah A. Swanger who lives with Danielle E. Long. r~_a ~. ~_~ L`) .. s ~~'. '~ _~:~ ~, 5. The minor child, Lanie Marie Swanger, currently resides with Petitioners and has lived with them most of her young life. 6. Petitioners have raised the minor child most of her life and have been engaged in the day to day child raising functions as well as being responsible for parental obligations 7. The natural mother of the minor child and granddaughter of the Petitioners, Danielle E. Long, has had a number of problems to address during the life of the minor child and is also the mother of two (2) other children. To provide proper care, support and nurturing at this time would be very difficult for the natural mother to accomplish. 8. The natural father of the minor child also has had a number of problems to address during the life of the minor child and is still having difficulty in certain areas of his life which preclude him from actively caring for, raising and supporting Lanie Marie Swanger. 9. Petitioners believe and, therefore, aver that neither parent of Lanie Marie Swanger has sufficient ability, at this time, to make the type of parental decisions that are in the best interest of the minor child, Lanie Marie Swanger. 10. Petitioners have the financial ability, the love and experience to raise and provide for the child and are willing to do so. 11. Petitioners are seeking to be appointed Plenary Guardians of the Person and Estate of Lanie Marie Swanger so that they will have the authority to talk to teachers, doctors and others regarding Lanie Marie Swanger and be authorized to make appropriate decisions for her. 12. The natural mother and father of the minor child, Lanie Marie Swanger, have consented to the appointment of Petitioners as Plenary Guardians of the Person and Estate of Lanie Marie Swanger. Copies of their consents are attached hereto, marked as Exhibits "A" and "B" and incorporated herein by reference. 13. Lanie Marie Swanger has no assets or estate and has no income from any source. Petitioners are the sole source of her financial support and she resides in Petitioners' home. 14. Lanie Marie Swanger's minor brother and half sister both reside with her mother, Danielle E. Long. 15. The said Lanie Marie Swanger wishes to continue living with her great grandparents, the Petitioners herein, and that they be appointed as her Guardians. 16. Petitioners request that they be appointed Plenary Guardians of the Person and Estate of Lanie Marie Swanger. 17. The proposed Guardians have no interest which is adverse to the interest of Lanie Marie Swanger. 18. Because of her age, Lanie Marie Swanger lacks the capacity to provide for her own personal care and maintenance. 19. Because of her age, Lanie Marie Swanger is unable to manage her financial affairs, property and business to make and communicate responsible decisions relating thereto. 20. A power of attorney would be a less restrictive alternative than Guardianship but Lanie Marie Swanger lacks the capacity, at her age to appoint one. 21. To Petitioners' knowledge, no previous application has been made for the order herein requested or for a similar order. 22. No other Court has ever assumed jurisdiction in any proceeding to determine the issue of Guardianship. WHEREFORE, the Petitioner respectfully requests that the Court appoint Patricia D. Shelton and John W. Shelton as Plenary Guardians of the Person and Estate of the minor child, Lanie Marie Swanger and to continue such Guardianship until modified by subsequent Order of this or any other Court of appropriate jurisdiction. Respectfully Submitted, Dated .,~ ..~, ~ s r~ ~° r~ rl - ~ lam' :. 1 ~~~,.~t.,~ Anthony L. ca, Esquire ~ G' 113 Front Street P.O. Box 358 Boiling Springs, Pennsylvania 17007 (717) 258-6844 ID No. 18067 VERIFICATION We hereby verify that the facts and information set forth in the foregoing Petition are true and correct to the best of our knowledge, information, and belief. We understand that any false statements contained herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: Yatncia D. Shelton ~. ohn W. Shelton CONSENT I am the mother of Lanie Marie Swanger, a minor, born to me on September 6, 2003. I am 26 years of age and am the mother of two other children, one of whom was fathered by Mark D. Swanger. The father of the Lanie Marie Swanger is Mark D. Swanger. Since her birth, he has had little involvement with Lanie Marie Swanger and has provided little financial assistance and exercises few rights regarding the child. I hereby consent to the appointment by the Court of my grandparents, Patricia D. Shelton and John W. Shelton. I believe such appointment will be in Lanie Marie Swanger's best interest because she has resided with my grandparent since 2006. They are currently providing financial and personal care for my child, and they have the experience, affection and ability to make proper decisions for her. Date: ~ ~ ~ ~ Danielle E. Long EXHIBIT "?~" CONSENT I am the father of Lanie Marie Swanger, a minor, born on September 6, 2003. am 28 years of age and am the father of one other child whose mother is Danielle E. Long. Since her birth, I have had little involvement with Lanie Marie Swanger due to certain circumstances in my life and have been able to provide little financial assistance for her and have exercised few rights regarding Lanie Marie Swanger. I hereby consent to the appointment by the Court of Patricia D. Shelton and John W. Shelton as Guardians. I believe such appointment will be in Lanie Marie Swanger's best interest because she has resided with Patricia D. Shelton and John W. Shelton since 2006. They are currently providing financial and personal care for Lanie Marie Swanger, and they have the experience, affection and ability to make proper decisions for her. Date: {~ ~~ 1~ ~ w EXHIBIT "B"