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HomeMy WebLinkAbout03-0035 · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PATRICIA A. GARNER · · · ORPHANS COURT DIVISION ORDER AND NOW, upon review of the attached Petition and Stipulation for Guardianship, it is hereby ORDERED and DECREED that the attached Petition For the Appointment of a Guardian of the Person of Patricia A. Garner is granted. BY THE COURT January 8, 2003 F:\R&A Family Law\Client Directory\Garner\guardian.petition.wpd : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : IN RE: PATRICIA A. GARNER : : NO.: : : : ORPHANS COURT DIVISION : PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON OF PATRICIA A. GARNER AND NOW, comes the Petitioners and proposed guardians, Janice E. Napoli and Raymond A. Napoli, by and through their counsel, Reager & Adler, P.C., and respectfully represent the following: 1. The name and address of the proposed guardians of the person ofPatricia A. Garner, (hereinafter "the child") is Janice E. Napoli and Raymond A. Napoli, adult individuals residing at 2428 Clover Drive, Mechanicsburg, Pennsylvania, 17055. The proposed guardians are the aunt and uncle to the child. 2. Patricia A. Garner is a minor child with a date of birth of January 27, 1987. The child's birth certificate is attached hereto as Exhibit "A" and is incorporated herein by reference. 3. The child's mother is Theresa M. Garner with a last known address of 42 Glenview Drive, Dillsburg, Pennsylvania, 17019. January 8, 2003 F:\R&A Family Law\Client Directory\Garner\guardian.petition.wpd 4. The child's father is John F. Garner with a last known address of Brian Drive, Enola, Pennsylvania, 17025. 5. On December 16, 2002 Theresa Garner executed an affidavit and on December 16, 2002, John Garner executed an affidavit authorizing Janice and Raymond Napoli to exercise guardianship of their minor daughter, Patricia A. Garner. The Affidavits are attached hereto as Exhibit "B" and "C" and are incorporated herein by reference. 6. The Petitioners would like to exercise immediate physical custody of the child, so they may continue her enrollment at Trinity High School and immediately obtain health insurance coverage on her behalf. The Petitioners agree to honor the terms of the Order of Custody entered on February 9, 1999 in York County Court of Common Pleas at Docket Number 99-SU-00221-03, as to the natural father's rights of partial custody. 7. The Petitioners are unable to take such action without a Court Order authorizing guardianship of the child. 8. Guardianship is sought because the child is a fifteen (15) year old minor who needs guidance in making decisions regarding her general welfare, care, and education. Further, due to their current circumstances, the parents are unable to provide such guidance at this time. January 8, 2003 F:\R&A Family Law\Client Directory\Garner\guardian.petition.wpd 9. The proposed guardians request control over the child's general care, maintenance, living arrangements, education and medical care. 10. To the extent that Petitioners have knowledge thereof, the child has no financial estate. 11. The proposed guardians have no interest adverse to the child. 12. The proposed guardians' religious affiliation is Catholic. The child was baptized as Roman Catholic but, presently, has no particular religious affiliation. 13. Due to the child's age and current circumstance, there is no less restrictive alternative to guardianship. Respectfully Submitted, Date: January 8, 2003 By: DEBRA DENISON I C~i~OR, ESQUIRE Attorney I.D. No. 6637~// JOANNE HARRISON ¢ 2LOUGI-I, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. [717] 763-1383 Attorneys for Petitioners December 12, 2002 \\Ntserver\users\R&A Family Law\Client Directory\Gamer\guardian.petition.wpd CONSENT We, JANICE E. NAPOLI and RAYMOND A. NAPOLI, hereby request and consent to our appointment as guardians of the person ofPATRICIA A. GARNER. DATE RAYMOND A. NAPOLI December 12, 2002 \kNtserver\usersLR&A Family Law\Client Directory\Gamer\guardian.petition.wpd VERIFICATION We, JANICE E. NAPOLI AND RAYMOND A. NAPOLI, verify that the statements made in the foregoing document, PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON OF PATRICIA A. GARNER, are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. DAT]~ - ' J~ E. N~OLI J DATE ~O~ A. N~ December 12, 2002 \\Ntserver\users\R&A Family Law\Client Directory\Gamer\guardian.petition.wpd AFFIDAVIT I, Theresa M. Garner, am the natural mother ofPatricia A. Garner, date of birth, January 27, 1987. I hereby request this Court to grant the temporary guardianship of my daughter, Patricia A. Garner to Janice E. Napoli and Raymond A. Napoli who reside at 2428 Clover Drive, Mechanicsburg, Pennsylvania, 17055. The Napolis are my brother and sister-in-law and have agreed to take care of my daughter, as I work through my current circumstances. I request that they be granted temporary guardianship of my daughter and specifically authorize them to assume all aspects of her care. Theresa M. Garner COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF ~/~ ~"~ ~ K ) On this, the ! ~ I:~ day of ~ ,2002, before me, a Notary Public, the undersigned officer, personally appeared Theresa M. Garner 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. Notary Public Daniel d. Albert, Notary Public Wardngton Twp.. York County My Commission Expires Mar. 26, 2006 Member. Pennsytvania Association Of Notades December 12, 2002 \\Ntserver\usersLR&A Family Law\Client Directox2AGarner\guardian.petition.wpd AFFIDAVIT I, John F. Garner, am the natural father of Patricia A. Garner, date of birth, January 27, 1987. I hereby request this Court to grant the temporary guardianship of my daughter, Patricia A. Garner to Janice E. Napoli and Raymond A. Napoli who reside at 2428 Clover Drive, Mechanicsburg, Pennsylvania, 17055. The Napolis are my sister-in-law and brother-in-law and have agreed to take care of my daughter, as I work through my current circumstances. I request that they be granted temporary guardianship of my daughter and specifically authorize them to assume all aspects of her care. COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF ~ O ,~' [4 ) On this, the ! ~ e~ day of <~)-~t"_ ,2002, before me, a Notary Public, the undersigned officer, personally appeared John F. Garner 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. Notary Public ~" Wan~3~on Twp.. York County My ~ Expires Mar. 26, 2006 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PATRICIA A. GARNER : NO. 2003-35 : ORPHANS COURT DIVISION ORDER And now, upon review of the attached Petition to Revoke Appointment of Guardian of the Person of Patficia A. Garner, is hereby ORDERED and DECREED that the Appointment of Guardianship is revoked and Raymond Napoli and Janice Napoli are no longer guardians of the person of Patricia A. Garner. By the Court: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTy;pENNSYLVANIA IN RE: PATRICIA A. GARNER : : NO. 2003-35 , : ORPHANS COURT DiVISION PETITION TO REVOKE APPOINTMENT OF GUARDIAN OF THE ~RSON PATRICIA A. GARNER And now, comes the Petitioners and Guardians Janice E. Napoli and Raymond E. Napoli by and through their counsel Reager & Adler, PC and respectfully represent the following: 1. The Petitioners, Janice E. Napoli and Raymond E. Napoli were appointed Guardians of the person of Patricia A. Garner on January 21, 2003 by Order of Court of Common Pleas of Cumberland County. A true and correct copy of said Petition for Appointment of Guardianship in Order is attached here to, made part of an incorporated by reference as Exhibit 1. 2. The minor child, Patricia A. Garner is 17 years old and was residing with the Petitioners until September 6, 2004. 3. On September 6, 2004 the minor child, Patricia A. Garner returned to reside with her natural mother, Theresa Garner at 42 Glenview Drive, Dillsburg, York County, Pennsylvania, 17019. 4. The natural mother, Theresa Garner and the Petitioners both desire that the guardianship be revoked and Petitioners request the Court revoke the Appointment of Guardianship since Petitioners are no longer exercising custodial control over the child and no longer desire to be responsible for said minor child and her mother has now resumed physical custody of Patricia Garner and has resumed responsibility for tending to the care and needs of the minor child. 5. An Affidavit executed by Theresa Garner acknowledging that the child is in her physical care and custody and acknowledging her to desire to have the Petition to Revoke Guardianship granted is attached hereto as Exhibit 2. Wherefore, Petitioners respectfully request this Court to issue an Order revoking the Appointment of Guardianship of the person, Patricia A. Garner. Respectfully submitted by, R.EAGER & ADLER, PC [~LOIJGIt, ESQUIRE JOANNE ItARRIS~ Attorney I.D. No. 364~ 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763 - 1383 Attorney for Petitioners January 8, 2003 FSR&A Family Law\Client Directory\Gamer\guardian.petition,wpd IN THE COURT OF COMMON PLEAS CUMBERLAND COLrNTY, PENNSYLVANIA IN RE: PATRICIA A. GARNER : NO.: : ORPHANS COURT DIVISION PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON OF PATRICIA A. GARNER AND NOW, comes the Petitioners and proposed guardians, Janice E. Napoli and Raymond A. Napoli, by and through their counsel, Reager & Adler, P.C., and respectfully represent the following: 1. The name and address of the proposed guardians of the person ofPatricia A. Garner, (hereinafter "the h~ld ) is Jan~ce E. Napoh and Raymond A. Napoh, adult individuals residing at 2428 Clover Drive, Mechanicsburg, Pennsylvania, 17055. The proposed guardians are the aunt and uncle to the child. 2. Patricia A. Garner is a minor child with a date of birth of January 27, 1987. The child's birth certificate is attached hereto as Exhibit"A" and is' incorporated' herein' by reference. 3. The child's mother is Theresa M. Garner with a last known address of 42 Glenview Drive, Dillsburg, Pennsylvania, 17019. January 8, 2003 Family Law\Client Direct ory\Gamer\gu ardian.petition.w~d F:LR&At 4. The child's father is John F. Garner with a last known address of Brian Drive, Enola, Pennsylvania, 17025. 5. On December 16, 2002 Theresa Garner executed an affidavit and on December 16, 2002, John Garner executed an affidavit authorizing Janice and Raymond Napoli to exercise guardianship of their minor daughter, Patricia A. Garner. The Affidavits are attached hereto as Exhibit "B" and "C" and are incorporated herein by reference. 6. The Petitioners would like to exercise immediate physical custody of the child, so they may continue her enrollment at Trinity High School and immediately obtain health insurance coverage on her behalf. The Petitioners agree to honor the terms of the Order of Custody entered on Februa~ 9, 1999 in York County Court of Common Pleas at Docket Number 99~SU-00221-03, as to the natural father's rights of partial custody. 7. The Petitioners are unable to take such action without a Court Order authorizing guardianship of the child. 8. Guardianship is sought because the child is a fifteen (15) year old m/nor who needs guidance in making decisions regarding her general welfare, care, and education. Further, due to their current circumstances, the parents are unable to provide such guidance at this time. January 8, 2003 . F:~R&A'Family La~v\Client Directory\Gamer\guardian.petition.wpd 9. The proposed guardians request control over the child's general care, maintenance, living arrangements, education and medical care. 10. To the extent that Petitioners have knowledge thereof, the child has no financial estate. 11. The proposed guardians have no interest adverse to the child. 12. The proposed guardians' religious affiliation is Catholic. The child was baptized as Roman Catholic but, presently, has no particular religious affiliation. 13. Due to the child's age and current circumstance, there is no less restrictive alternative to guardianship. Respectfully Submitted, REAGi .R & ADLER, PC Date: January8,2003 By: ~ /~ ~ ~ / c g, Attorney I.D. No. 66378 JOX e mamsoN gut;i Qtrnm Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. [717] 763-1383 Attorneys for Petitioners : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA IN RE: PATRICIA A. GARNER : NO. 2003-35 : ORPHANS COURT DIVISION AFFIDAVIT JOINING REQUEST TO REVOKE APPOINTMENT OF GUARDIANSHIP 1. I, Theresa Garner of 42 Glenview Drive, Dillsburg, PA 17019, am the natural mother of Patricia A. Garner, born January 27, 1997. 2. I acknowledge that in January of 2003, I consented to my brother and sister-in- law, Raymond and Janice Napoli petitioning the Court fbr Appointment of Guardianship of the person of my daughter, Patricia A. Garner. 3. My minor daughter, Patricia A. Garner, moved back to my residence on September 6, 2004 and is living in my primary care custody and control. I consent and support the Napoli's Petition to Revoke Appointment of Guardianship since my daughter is now residing with me and desire the guardianship be revoked. Date: ~~ ~5~/j~/~ ~/ Theresa Garner CERTIFICATE OF SERVICE I, Joanne Harrison Clough, do hereby certify that on this date I served a copy of the foregoing document to the following individual via United States mail, postage prepaid, to the address set forth below: Theresa Garner 42 Glenview Drive Dillsburg, PA 17019 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA iN RE: PATRICLA A. GARNER : NO. 2003-35 : ORPHANS COURT DIVISION ORDER And now, upon review of the attached Petition to Revoke Appointment of Guardian of the Person of Patricia A. Garner, is hereby ORDERED and DECREED that the Appointment of Guardianship is revoked and Raymond Napoli and Janice Napoli arc no longer guardians of the person of Patricia A. Garner. By the Court: