HomeMy WebLinkAbout11-04-14 IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PANNSYLVMIA
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ALEXIS R. BRICKER, a minor ORPHANS' COURT DIVIRON
D.O.B. July 20, 1998 z rl __r l
2014 - 0�� ' ,-
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On the Petition of Paternal Grandparents: o o
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PETITION FOR APPOINTMENT OF A PLENARY GUARDIAN OF THE PERSON AND
ESTATE OF A MINOR CHILD, ALEXIS R. BRICKER
TO: THE HONORABLE JUDGE OF SAID COURT:
NOW COMES, Petitioners, Janet A. Thornhill and Donald C.
Thornhill, by and through counsel, Andrew C. Sheely, Esquire,
and hereby files the within Petition for the Appointment ofa
Plenary Guardian of the Person and Estate of Alexis R. Bricker,
a minor, and in support hereof, avers as follows:
1 . Alexis R. Bricker, a minor, is 16 years of age having
been born on July 20, 1998, currently residing at 4 Wayne
Circle, Camp Hill, Township of Lower Allen, Cumberland County,
Pennsylvania.
2 . Petitioners are Janet A. Thornhill and Donald C.
Thornhill, paternal grandmother and paternal grandfather,
respectively, of the minor child Alexis R. Bricker. Petitioners
reside at 219 west Keller Street, Mechanicsburg, Borough of
Mechanicsburg, Cumberland County, Pennsylvania.
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3. The natural father of the minor child is Douglas A.
Bricker who resides at 4 Wayne Circle, Camp Hill, Township of
Lower Allen, Cumberland County, Pennsylvania.
4. The natural mother of the minor child is Candice E.
Wayne who resides at 6 Holly Drive, New Cumberland,
Pennsylvania.
5 . The minor child Alexis R. Bricker is presently a junior
attending Cedar Cliff high school within the West Shore School
District in Cumberland County, Pennsylvania.
6. The minor child Alexis R. Bricker has experienced
substantial and significant difficulties with her natural
parents within the past several years and the minor child was
recently placed in a inpatient treatment facility for use of
controlled substances.
7 . The parent-child relationship between the minor child
Alexis R. Bricker and her natural parents is significantly
impaired causing difficulties in the welfare and safe
development of the minor child, Alexis R. Bricker.
8. The minor child Alexis R. Bricker is presently under
the supervision of Cumberland County probation as a result of
behavior and conduct occurring at 4 Wayne Circle, Camp Hill,
Cumberland County, Pennsylvania.
9 . The minor child, Alexis R. Bricker, has expressed a
strong desire to live with her paternal grandparents.
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10. Douglas A. Bricker, natural father, has no objection
to the relocation of the minor child to Petitioners' residence.
11 . Douglas A. Bricker, natural father, consents to the
appointment of Janet A. Thornhill and Donald C. Thornhill as the
plenary guardians of the person and estate of the minor child,
Alexis R. Bricker, as indicated by his consent attached hereto
as Exhibit "A".
12 . Candice E. Wayne, natural mother, has no objection to
the relocation of the minor child to Petitioner' s residence.
13 . Candice E. Wayne, natural mother, consents to the
appointment of Janet A. Thornhill and Donald C. Thornhill ' as the
plenary guardians of the person and estate of the minor child,
Alexis R. Bricker, as indicated by her consent attached hereto
as Exhibit "B" .
14 . Petitioners are adult individuals who own theirihome
and have sufficient rooms and space to accommodate the needs,
interests and welfare of the minor child and granddaughter,
Alexis R. Bricker.
15 . Petitioners believe that relocation of the minor child
from the West Shore School District to Mechanicsburg Area School
District will minimize negative relationships influencing the
actions and decisions of the minor child.
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16. Petitioners have no adverse financial or adverse
personal interests in their appointment as plenary guardians of
the person and estate the minor child, Alexis R. Bricker.
17. Petitioners believe, and therefore aver, that no Court
has ever assumed jurisdiction in a proceeding to determine
whether the minor child, Alexis R. Bricker is in need of a
guardian of her person and estate.
18 . Petitioners believe, and therefore aver, that Alexis R.
Bricker has not previously had a guardian appointed, nor is a
guardianship hearing pending in any other jurisdiction.
19. In addition to the statements of fact set forth above,
the reasons why this plenary guardianship of the person and
estate are being sought are as follows: the minor child, Alexis
R. Bricker, is in need of a stable home environment and she has
expressed a strong desire to move from her present home to the
home of Petitioners and she is unable to care for her person and
her estate at the present time as a result of her relationship
with her parents. The minor child Alexis R. Bricker consents, to
the extent applicable, to the relief sought in this Petition.
See Exhibit "C" .
20 . No less restrictive alternatives exist where the
natural parents are unwilling, incapable or indifferent to the
needs, welfare and interests of the minor child, Alexis R.
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Bricker and the appointment of a plenary guardian of her person
and estate is necessary through her majority.
21. The Petitioners request appointment as plenary
guardians of the minor child' s person and estate to act for
Alexis R. Bricker in the following specific areas: all medical
and health care affairs, including but not limited to care and
placement decisions, access to all school records and power to
make all decisions regarding her education, including enrollment
in appropriate and necessary education facilities, authorization
for the payment of all bills and expenses, management of
financial resources, assets and incomes and other relief
necessary for the personal and financial care of Alexis R.
Bricker.
22 . The estimated, present gross value of the minor child,
Alexis R. Bricker is approximately zero dollars ( 0. 00 ) .
23 . The income of Petitioners is substantial and
Petitioners are presently capable of providing for all needs,
expenses, care and support of the minor child, Alexis R.
Bricker, without support of her parents or other parties.
WHEREFORE, Petitioners, Janet A. Thornhill and Donald C.
Thornhill, respectfully requests that the Court, under Section
5511 of the Probate, Estates and Fiduciary Code and other
applicable law, issue a citation to Douglas A. Bricker, Candice
E. Wayne and Alexis R. Bricker and to such other persons as the
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Court directs, to show cause why Janet A. Thornhill and Donald
C. Thornhill should not be appointed as plenary guardian of the
minor child' s person and estate through her majority.
Respectfully submitted,
Date: November , 2014
Andr w C. Sheely, Esqui
Attorney for the Petit 'o er
PA ID No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
717-697-7065 (fax)
andrewc.sheely@verizon.net
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the 3�� day of �Q��g�,�p -/' , 20140,
before me the undersigned officer, personally appeared Janet A.
Thornhill, who, being sworn according to law, does depose and
say that the facts set forth in the foregoing Petition are true
and correct to the best of her knowledge, information and
belief.
IN WITNESS WHEREOF, 1 hereunto set my hand and
official seal.
Janet A. Thornhill, Petitioner
SWORN to and subscribed before me this 3 r� day of
November, 2014.
Notary Public
Commonwealth of Pennsylvania
NOTARIAL SEAL
I-I<CKY M. I.NTSELY, Notary Public
Emil
BW'0'J9h,Cumberland County C€ff"11idsio,°t Expires November 19,2018
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the c3 day of N6VU <b(e 2014,
before me the undersigned officer, personally appeared Donald C.
Thornhill, who, being sworn according to law, does depose and
say that the facts set forth in the foregoing Petition are true
and correct to the best of his knowledge, information and
belief.
IN WITNESS WHEREOF, I hereunto set my hand and
official seal.
Donald C. Thornhill, Petitioner
SWORN to and subscribed before me this 3 �C( day of
November, 2014 .
o y Public
Commonwealth o, f Pennsylvania
NOTARIAL SEAL
BECKY M. KNISELY, Notary Public
Immly
chanicsburg Borough,Cumberland County
Commission Expires November 19,2018
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VERIFICATION
I verify that the statements made in this Petition are true
and correct. I understand that unsworn statements herein are
made subject to the penalties of 18 Pa. C.S.A. Section 4904,
relating to unsworn falsification to authorities.
DATE: November 3 2014 `� --lWk
Janet A. Thorhill
IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALEXIS R. BRICKER, a minor ORPHANS' COURT DIVISION
D.O.B. July 20, 1998
2014 -
CONSENT TO APPOINTMENT AS GUARDIAN OF PERSON AND ESTATE OF
ALEXIS R. BRICKER
1. The name of the proposed guardian of the person and
estate of Alexis R. Bricker, is Donald C. Thornhill.
2 . The proposed guardian speaks, reads and writes the
English language.
3 . The proposed guardian does not have an interest adverse
to the alleged incapacitated person.
4 . The proposed guardian is not a fiduciary, or officer or
employee of a corporate fiduciary of an estate in which the
alleged incapacitated person has an interest; and is not the
surety, or officer or employee of a corporate surety of such
fiduciary.
Respectfully submitted,
Date: November 2014
Donald C. T or hill, Proposed
Guardian of the Person and
Estate of Alexis R. Bricker
IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALEXIS R. BRICKER, a minor ORPHANS' COURT DIVISION
D.O.B. July 20, 1998
2014 -
CONSENT TO APPOINTMENT AS GUARDIAN OF PERSON AND ESTATE OF
ALEXIS R. BRICKER
1. The name of the proposed guardian of the person and
estate of Alexis R. Bricker, is Janet A. Thornhill.
2 . The proposed guardian speaks, reads and writes the
English language.
3 . The proposed guardian does not have an interest adverse
to the alleged incapacitated person.
4. The proposed guardian is not a fiduciary, or officer or
employee of a corporate fiduciary of an estate in which the
alleged incapacitated person has an interest; and is not the
surety, or officer or employee of a corporate surety of such
fiduciary.
Respectfully submitted,
Date: November -3 2014
Janet A. Thornhill, Proposed
Guardian of the Person and
Estate of Alexis R. Bricker
IN RE: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ALEXIS R. BRICKER, a minor ORPHANS' COURT DIVISION
D.O.B. July 20, 1998
2014 -
CONSENT TO APPOINTMENT AS GUARDIAN OF PERSON AND ESTATE OF
ALEXIS R. BRICKER
1. I, Candice E. Wayne, natural mother of the minor child,
Alexis R. Bricker, hereby CONSENT to the appointment of Janet A.
Thornhill and Donald C. Thornhill as proposed guardians of the
person and estate of Alexis R. Bricker.
2 . I acknowledge that the proposed guardians speaks, reads
and writes the English language.
3 . I acknowledge that the proposed guardian does not have
an interest adverse to the alleged incapacitated person, is not
a fiduciary, or officer or employee of a corporate fiduciary of
an estate in which the alleged incapacitated person has an
interest; and is not the surety, or officer or employee of a
corporate surety of such fiduciary.
4 . I acknowledge that I am familiar with the facts set
forth in the Petition for Appointment of plenary guardian of the
person and estate of my daughter, Alexis R. Bricker.
Respectfully submitted,
Date: November 2014 C
and-ice E. Wayn
IN RE: RICHARD J. SCOTT IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
an alleged incapacitated CIVIL ACTION - LAW
person
21-14 -
CONSENT TO APPOINTMENT OF GUARDIAN OF MY PERSON AND ESTATE
1. I, ALEXIS R. BRICKER, acknowledge that I am 16 years
G. --9
old and was born on July 27, 2014};' "hd
2 . I agree that Petitioners, my grandparents, Janet A.
Thornhill and Donald C. Thornhill, should be appointed as the
plenary guardians on behalf of my person and estate; and
3 . I desire to live with my grandparents and attend the
Mechanicsburg Area School District.
4 . I agree with the reasons set forth in the Petition for
the appointment of a guardian of my persona and estate.
Respectfully submitted,
Date: November Z- , 2014
exis R. icker