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
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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 `'
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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
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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
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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