HomeMy WebLinkAbout02-24-12IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF
RICO ANTHONY HERITAGE, :ORPHANS COUR TD VISIONNNSYLVANIA
a minor : NO. ~` ~ / ~, - (',.n'~~ l
PETITION FOR APPROVAL OF STANDBY GUARDIANSHIP DESIGNATION
AND NOW, this ~ r'~aay of February, 2012, comes Angela Smitz-Wood and John L.
Wood, by and through their attorneys, Irwin & McKnight, P.C., and makes the following Petition
for Approval of Standby Guardianship Designation for Rico Anthony Heritage as follows:
1 • Petitioners are the proposed standby guardians, Angela Smitz-Wood and John L.
Wood, currently residing at 833 Hamilton Street, Carlisle, Pennsylvania 17013.
2• The minor child, Rico Anthony Heritage, is seventeen (17) years old, and his
birthdate is June 29, 1994.
3. The proposed standby guardians were designated by Ryan Peter Heritage and
Christine Louise Heritage, the parents of the minor child, who are currently residing
in Okinawa, Japan. A true and correct copy of the standby guardian designation is
attached hereto and included herein as Exhibit "A".'
4. By the terms of the standby guardian designation, the parents moving to Okinawa,
Japan, on or before June 14, 2011, is a triggering event, granting Peitioners the
authority to act as coguardians of the minor child for sixty (60) days.
5. On or before June 14, 2011, the parents of the minor child moved to Okinawa Japan,
and the minor child began living with Petitioners.
fi. The best interest and permanent welfare of the child, will be served by granting the
relief requested because Petitioners will be able to provide the minor child with the
support necessary for him to complete his final year of high school here in the United
States, prior to his turning eighteen (18) years old.
7. All parties consent to this Petition for Approval of Standby Guardianship ~ ,
Designation. At true and correct copy of the signed consent by the parents of tli~-.' -.,~,
minor child and Petitioners is attached hereto and included herein as ~~ `' `r-,
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23 Pa.C.S.A. § 5612(e) provides that when all parties consent to entry of a Standby
Guardianship Designation approval order, approval of the designation without a
hearing is permitted.
WHEREFORE, the Petitioners respectfully request the court to grant this Petition for
Approval of Standby Guardianship Designation, without the requirement of a hearing
before the Court.
Respectfully Submitted,
IRWIN & McKNIGHT, P.C.
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By: ~'~'~'.,
Matthew A. N~Knight, Esquire
Supreme Court ID No. 93010
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
Dated: February 19, 2012 (717) 249-2353
Attorney for Plaintiffs
DESIGNATION OF STANDBY GUARDIAN
FOR RICO ANTHONY HERITAGE
WE, RYAN PETER HERITAGE and CHRISTINE LOUISE HERITAGE, as parents,
legal guardians, and custodians of the individual named below, and pursuant to the Standby
Guardianship Act, 23 Pa C.S.A. § 5601-5616, do hereby appoint:
ANGELA SMITZ-WOOD
JOHN L. WOOD
833 Hamilton Street
Carlisle, Pennsylvania 17013
as the standby guardians of our son, RICO ANTHONY HERI'T'AGE (Date of Birth: Jane 29,
1994), to take effect upon the occurrence of the following triggering event or events: 1) our
moving to Okinawa, Japan on or before June 14, 2011; 2) our incapacity or debilitation; or 3) our
death.
We hereby revoke all former wills and codicils to the extent that there is a conflict
between any of those formerly executed documents and this, our duly executed standby guardian
designation.
We are the parents (father and mother respectively), legal guardians, and custodians of
the minor child. We adopted the minor child by Order of Court dated November 19, 2003, from
the Superior Court of the District of Columbia, Family Court, Domestic Relations Branch,
Adoption, which is docketed at No. A344-02.
By this designation we are granting, Angela Smitz-Wood and John L. Wood, the
authority to act for sixty (60) days following the occurrence of the triggering event as a
coguardian with us, or in the event of our deaths, as guardians of our minor child.
If we have indicated more than one triggering event, it is our intent that the triggering
event that occurs first shall take precedence. If we have indicated "our death" as the triggering
event, it is our intent that the persons named in the designation to be standby guardians for our
minor child in the event of our death shall be appointed as guardian of our minor child when we
die.
EXHIBIT
s A
It is our intention to retain full rights to the extent consistent with our condition and to
retain the authority to revoke the standby guardianship if we so choose.
This designation of standby guardianship is made after careful reflection, and while we
am of sound mind and disposing memory.
Date: l - LAC ~3 Z} ~~
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Witness si tore)
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Ryan Peter Heritage
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C 'tine Lo eritage
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fitness signature} `
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(Address of Witness # 1) ~~ (Address of Witness #2)
2
We, ANGELA SNIITZ-WOOD and JOHN L. WOOD, hereby accept our nomination as
standby guardians of RICO ANTHONY HEg,TT'AGE, and we understand that our rights and
responsibilities toward the minor child named herein will become effective upon the occurrence
of the above-stated triggering event or events. We further understand that in order to continue
caring for the child, we must file a petition with the court within sixty, (60) days of the
occurrence of the triggering event.
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CONSENT FORM
This consent form is executed after careful reflection, while we are of sound mind. VVe
will be out of the country living in Okinawa, Japan for the next three (3) years. Therefore, we
wish to share authority for our minor child with the standby guardians that we have designated in
the standby guardian. designation, which we executed on May 20, 201 1.
VVe understand that by signing this consent form we are consenting to share legal and
physical custody of our child with the designated standby guardians. The co-guardians shall
have authority to make any and all medical, educational, financial, decisions on behalf of our
child as we can do ourselves. The co-guardians shall make best efforts to consult with us
whenever possible concerning important decisions affecting our child's welfare. including
medical, religious and education decisions.
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Ryan Peter Heritage -
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C ristine Loins Heritage
w'e, Angela Smitz-Wood and John L. Wood hereby accept our appointment as co-guardians of
Rico Anthony Heritage. We understand that upon signing this acceptance of appointment we
will have shared authority and responsibility for the named chilri
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EXHIBIT
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VERIFICATION
We verify that the statements made in this Petition for Approval of Standby
Guardianship Designation are true and correct. We understand that false statements herein ar
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made subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities.
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JQ L. Wood