The URL can be used to link to this page

Home My WebLink About12-30-13 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION :=� -.--,, � c� `...a ;; c� IN RE: ; i, �`, �;; `_'':' � GUARDIANSHIP OF : `�" ��g `� �� .� . � -� 21-13-l�5(��-� �� r-- �,, , ,r, KERSTIN NICHOLE SHERIFF : No. ' �°- '-`-' �� =' ��' �;; ,.� ,...., . �>= . �:; c:, ._. • ��:� c-�:R ,�-, � `�� '�� r�� G.:.a ........ ..,,' 4.....� PETITION TO APPOINT GUARDIAN OF THE w�" `:� �..� � _ �`7-� ESTATE AND THE PERSON OF A MINOR �� ' c_.� �.> � . � AND NOW, come Petitioners Leroy and Arlene Sheriff, by and through their attorneys, Baric Scherer LLC, and file this Petition to Appoint Guardian of the Estate and the Person of a Minor, setting forth the following in support thereo£ 1. The minor for whom guardianship is sought is Kerstin Nichole Sheriff, born on May 20, 1997, and who resides at 204 Firehouse Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The natural mother of the minor, Loretta Lynn Sheriff, is deceased, having passed away on May 6, 2011. 3. The natural father of the minor is Brian J. Evans, whose whereabouts are unknown. 4. The Petitioners are the maternal grandparents of the minor, residing at 204 Firehouse Road, Shippensburg, Cumberland County, Pennsylvania 17257. 5. It is necessary for a guardian to be appointed for the minor, and no guardian has previously been appointed. 6. The proposed guardians are the Petitioners, Leroy Sheriff, born May 10, 1943, and Arlene Sheriff, born April 16, 1944 . 7. The proposed guardians have no interest adverse to that of the minor, whether related to the estate of the natural mother, or otherwise. 8. This Petition is for guardianship of both the person and the estate of the minor. 9. The religious persuasion of the natural mother was Protestant; the religious persuasion of the proposed guardians is Protestant. 10. The following is an itemization of the assets of the minor's estate: Asset Location Approximate Value Income Social Security Death n/a n/a $667.00/mo. Benefit of Loretta L. Sheriff 11. The minor is not party to any action or proceeding in any court that would entitle her to receive any money. 12. The natural mother of the minor was not a veteran; the natural father is not a veteran. 13. The proposed guardians' written consents to the appointment are attached hereto as Exhibit"A" and Exhibit`B." 14. Petitioners respectfully requests that this Court set a hearing, at which time the Court may grant Petitioners guardianship of Kerstin Nichole Sheriff. 15. An Affidavit signed by undersigned counsel is attached hereto as Exhibit"C" demonstrating the good faith investigation to locate the natural father's whereabouts. 16. The natural father was last suspected of being located in Parkersburg, West V irginia. 17. Because the whereabouts of the natural father are unknown, Petitioners respectfully request that this Court permit the Petitioners to notice the father by publication pursuant to Pa. Orphans' Court Rule 5.1 by publishing notice of the hearing set by this Court in the News and Sentinel newspaper, a periodical of general circulation in Parkersburg, West Virginia, as well as the West Virginia Record law journal. A copy of the proposed Notice is attached hereto as Exhibit "D." 18. Petitioners propose running the Notice far one time weekly for two successive weeks. 19. For this reason, Petitioners respectfully request that this Court set the hearing for a date no sooner than thirty days from the date of the Order, which will permit Petitioners time to publish the notice for two successive weeks prior to the hearing. WHEREFORE, the Petitioners respectfully request this Court (1) set a hearing, at which time the Court may grant Petitioners guardianship of Kerstin Nichole Sheriff; and (2) permit Petitioners to effect notice by publication of such hearing in such manner as the Court shall direct. Respectfully submitted, ARIC SCHERER L . � Date: �Z Z� /� � David A. Baric, Esquire ID No. 44853 19 West South Street Carlisle, PA 17013 (717) 249-6873 Fax: (717) 249-5755 Attorney for Petitioners VERIFICATION I hereby verify that the statements made in the foregoing Petition to Appoint Guardian of the Estate and the Person of a Minor are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. � � �� Leroy Sheriff DATE: �..� / � � �� 3 VERIFICATION I hereby verify that the statements made in the foregoing Petition to Appoint Guardian of the Estate and the Person of a Minor are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. � � / � /, Arlene Sheriff � DATE: o� / CONSENT TO APPOINTMENT AS GUARDIAN OF THE PERSON AND ESTATE I hereby verify that I, Leroy Sheriff, consent to the appointment as guardian of both the person and estate of Kerstin Nichole Sheriff, born May 20, 1997. I certify that I have no interest adverse to that of the minor. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. �Jf -P� �.e'� ��2�-�-l� Leroy Sheriff DATE: /� 1 l o �� EXffiBIT "A" CONSENT TO APPOINTMENT AS GUARDIAN OF THE PERSON AND ESTATE I hereby verify that I, Arlene Sheriff, consent to the appointment as guardian of both the person and estate of Kerstin Nichole Sheriff, born May 20, 1997. I certify that I have no interest adverse to that of the minor. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ., ��,' � � ; . Arlene Sheriff DATE: /� ,� EXHIBIT `B" ' AFFIDAVIT NOW, comes Affiant, David A. Baric, Esquire, who, being duly sworn, does depose and state the following: 1. I am the attorney for the Petitioner in the matter to be docketed in the Orphans Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania. 2. I have caused a search to be made via the internet for addresses or telephone number for the Defendant. Said searches found numerous addresses for Brian J. Evans. The whereabouts of the natural father, Brian J. Evans are unknown, however, Petitioners believe he may be in the Parkersburg, West Virginia area. 3. Undersigned counsel intends to publish a notice in both the Parkersburg News and Sentinel, a local newspaper as well as the West Virginia Record, a local legal journal. Further affiant sayeth not. ' ` /y J (� David A. Baric, Esquire STATE OF Pennsylvania : : SS. COUNTY OF Cumberland : AND NOW, this p{7�of December, 2013, before me, the undersigned officer, personally appeared David A. Baric, Esquire, known to me (or satisfactorily proven)to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. � p � Ota U 1C �OM('lONW�R1LiH U��'��I{��'�LVP�NIA �____ �oz�s':ai;;eai Jenriifer 5.L;r�d�au,Notary Public Carli�!e E:aro,lumberlar��Cc�unty Mv Comcnissinn Ex�iire l Nov.24,2015 NiEM8E�2,PENlVSYLVASFIA ASSOCIP�TIUN OF NO7ARIES EXHIBIT "C�� 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: � GUARDIANSHIP OF : K.S. DOB: 5/20/97 : No. NOTICE A petition has been filed concerning the guardianship of your child, and a hearing has been scheduled to consider the matter. The hearing will be held in Courtroom , 4th Floor, Cumberland County Courthouse, Carlisle Pennsylvania, on *******, 20_, at *******M. You are warned that if you fail to appear at the scheduled hearing, the hearing will go on without you, and the Court may make a decision adverse to your interests. You have a right to be represented at the hearing by a lawyer. You should take this paper to your lawyer at once. If you do not have a lawyer, or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 David A. Baric, Esquire Baric Scherer LLC 19 West South Street Carlisle, Pennsylvania 17013 EXHIBIT "D"