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HomeMy WebLinkAbout04-29-15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. �j— f b,6g19 ORPHANS' COURT ESTATE OF BRANDON OWEN YOUNG c5 PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ��T:#TES P AND FIDUCIARY CODE TO ADJUDICATE BRANDON OWEN YOUNG TO ; PI�AP4ITaCo AND TO APPOINT PLENARY GUARDIANS `' -Z) TO THE HONORABLE, THE JUDGES OF SAID COURT: ay (z The Petition of Donald Young, Ann Shields-Young and Taylor Ann Young respectfully represents that: 1. Your Petitioner Donald Young, is the Father of the alleged incapacitated person, who resides at 10 Apaloosa Way, Carlisle, Cumberland County, Pennsylvania. 2. Your Petitioner Ann Shields-Young is the Mother of the alleged incapacitated person who resides at 10 Apaloosa Way, Carlisle, Cumberland County, Pennsylvania. 3. Your Petitioner Taylor Ann Young is the sister of the alleged incapacitated person who resides at 10 Apaloosa Way, Carlisle, Cumberland County, Pennsylvania. 4. The Petitioners reside with the alleged incapacitated person, Brandon Owen Young. 5. Brandon Owen Young, (hereinafter"Brandon") the alleged incapacitated person, is single, aged 18, having been born April 12, 1997 and resides with Donald Young, Ann Shields-Young and Taylor Ann Young at 10 Apaloosa Way, Carlisle, Pennsylvania. 6. Brandon Owen Young is represented by James Demmel, Esquire. 7. Brandon attends the Janus School in Lancaster, Pennsylvania due to a pervasive developmental disorder on the autism spectrum disorder known as Asperger's Syndrome and a non-verbal learning disability. 8. Brandon also experiences a mood disorder common to individuals with Asperger's Syndrome, for which he receives treatment from Dr. Mark N. Heinly. 9. It is believed, and therefore averred, that Brandon's physician is of the opinion that he is in need of a Plenary Guardian of his person and of his property, and is therefore supportive of this Petition. 10. Because of Brandon's conditions he requires daily assistance from his parents, which they are willing to continue to provide. 11. Brandon's conditions render him totally unable to manage his financial resources without significant assistance of his parents. 12. Brandon's conditions render him totally unable to manage his essential requirements for physical health and safety without significant assistance from his parents. 13. Brandon's conditions make him susceptible to undue influence by unscrupulous or designing persons. 14. The functional limitations associated with Brandon's Asperger's Syndrome are not likely to significantly improve. 15. Because of the severity and pervasiveness of Brandon's conditions, he is in need of court appointed Plenary guardians of his estate and person. 16. Brandon presently has no income or estate. However, there are plans to pursue vocational training after he completes high school. 17. Your Petitioners are willing to serve in the role as guardian of Brandon and to include him in decision making to the extent he is capable. 18. It is believed and therefore averred that Brandon recognizes the need for help from his parents and prefers to allow his parents to continue in'the role of guardians. 19. In the event that Brandon's parents cannot continue to serve at some time in the future, the Petitioners Donald Young and Ann Shields-Young ask that Brandon's sister, Taylor Ann Young, be appointed as alternate guardian. 20. It is believed and therefore averred that Brandon would prefer that his sister, Taylor Ann Young, serve as his alternate guardian if his parents are not able or available to do so. 21. The Court may give preference to a nominee of the alleged incapacitated person, 20 Pa. C.S. § 5511 (f). 22. No other court has assumed jurisdiction in any proceedings to determine the capacity of Brandon. 23. Donald Young is willing to be appointed as Plenary Guardian of the person and the property of Brandon and has no adverse interest to Brandon. 24. Ann Shields Young is willing to be appointed as Plenary Guardian of the 'person and the property of Brandon and has no adverse]nte rest to Brandon. 25. Taylor Ann Young is willing to be appointed as alternate Plenary Guardian of the person and the property of Brandon and has no adverse interest to Brandon. WHEREFORE, your Petitioners pray that a Citation be issued to Brandon Owen Young, through his counsel, James Demmel, to show cause why he should not be adjudged to be incapacitated, and a Plenary Guardian for his person and his estate be appointed, and that the Court schedule a hearing on this Petition. JOHNSON, DUFFIE, STEWART & WEIDNER Date: B David W. DeLuce Attorney I.D. #41687 Melissa P. Greevy Attorney I. D. # 77950 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 :692281 Telephone (717) 761-4540 Attorneys for Petitioner VERIFICATION verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and beli . I understand that false statements herein are d bell understand t made subject to the penalties of 18 Pa.C.S.A. §4904 rela g to un r falsification to authorities. 4) 1,5- Donald Youn Dated: -a4u. VERIFICATION 1,1+r L.S11 rCI6& - ab I erify that the statements made in the foregoing Petition are true and L correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 elating to uns a si ion to w rn ica f I *f* authorities. Ann SAT61ds-Yong U Dated: VERIFICATION 1, T(N I V VD LA yl verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. -Al Taylor nn Young Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF BRANDON OWEN YOUNG r PETITION PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES AND FIDUCIARY CODE TO ADJUDICATE BRANDON OWEN YOUNG TO BE INCAPACITATED AND TO APPOINT PLENARY GUARDIANS ACCEPTANCE OF PROPOSED PLENARY GUARDIANS Donald Young hereby agrees to accept the appointment as Plenary Guardian of the person and estate of Brandon Owen Young, if he is adjudged to be an incapacitated person by the Cumberland County Orphans' Court. Dona`I � ung Dated: Ann Shields-Young hereby agrees to accept the appointment as Plenary Guardian of the person and estate of Brandon Owen Young, if he is adjudged to be an incapacitated person bV,the Cumberland County Orphans' Court. Dated: Shi Ids Young J 0 , f ''l 2� 5 A Taylor Ann Young hereby agrees to accept the appointment as Alternate Plenary Guardian of the person and estate of Brandon Owen Young, if he is adjudged to be an .incapacitated person by the Cumberland County Orphans' Court. lill"t A A, J 71, T or Ann 01 - g Dated: i5/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. ORPHANS' COURT ESTATE OF BRANDON OWEN YOUNG PETITION,PURSUANT TO SECTION 5511 OF THE PROBATE, ESTATES 'AND FIDUCIARY CODE TO ADJUDICATE BRANDON OWEN YOUNG TO BE INCAPACITATED AND TO APPOINT PLENARY GUARDIANS AFFIDAVIT OF MELISSA.P. GREEVY COMMONWEALTH OF PENNSYLVANIA : :ss COUNTY OF CUMBERLAND MELISSA P. GREEVY, being duly sworn according to law, upon his oath, deposes and says: 1. 1 am counsel for Petitioners, Donald Young, Ann Shields-Young and Taylor Ann Young, in the above matter. 2. On theo2k__ ay of , 2015, 1 personally served upon James Demmel, counsel for Brandon Owen Young, the Petition to adjudicate Brandon Owen Young to be incapacitated and to appoint a guardian for his person and his estate, the Citation issued pursuant thereto by the Clerk of the Orphans' Court, and the Preliminary Decre scheduling a hearing. Melissa . Greevy Sworn to and subscribed before me this 2Y' day of ihrl C 2015. COMMONWEALTH OF PENNSYLVANIA (•/t L !� f�-� Notarlat Seal Notary Public Anne H.iNccunougn,Notary Public Lemoyne Bono,Cumberland County My.CommISSlon Explres Jan.14,2017 MEMBER;PE.NSY.LVANiA ASSOCIATION OF NOTARIES