HomeMy WebLinkAbout09-16-91
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IN RE:
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
APPOINTMENT OF GUARDIAN OF
THE PERSON AND ESTATE OF
NO. 145 ORPHANS 1978
BARRY JOSEPH NORRELL, JR.,
A MINOR
ORPHANS' COURT DIVISION
DEGREE
AND NOW, this
,t
day of
~~JkL-
, 1991,
upon consideration of the foregoing Petition and Consents, DEBRA
KAY SMITH is removed as Guardian of the person and estate of
BARRY JOSEPH NORRELL, JR., a minor, and LEON B. WILEY, JR., is
appointed Guardian of the person and estate of BARRY JOSEPH
NORRELL, JR., a minor. No bond or other security shall be
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required of said Guardian.
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IN RE:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
APPOINTMENT OF GUARDIAN OF
THE PERSON AND ESTATE OF
NO. 145 ORPHANS 1978
BARRY JOSEPH NORRELL, JR.,
A MINOR
ORPHANS' COURT DIVISION
PETITION FOR APPOINTMENT OF GUARDIAN
TO THE HONORABLE, THE JUDGES OF SAID COURT:
The Petition of Barry Joseph Norrell, Jr., a minor over the
age of fourteen, respectfully represents:
1. Barry Joseph Norrell, Jr., was born on November 16,
1973, and resides at 430 Hillcrest Drive, Carlisle, Cumberland
County, Pennsylvania, with his uncle, Leon B. Wiley, Jr.
2. The natural father of Barry Joseph Norrell, Jr., is
Barry Joseph Norrell, Sr., an adult individual who currently
resides at 534 North Hanover Street, Carlisle, Cumberland County,
Pennsylvania.
3. The natural mother of Barry Joseph Norrell, Jr., was
Nancy Lee Norrell, who is deceased. Nancy Lee Norrell died on
February 26, 1978, and Barry Joseph Norrell, Jr., has not been
adopted by any individual.
4. The consent of the minor's natural father, Barry Joseph
Norrell, Sr., is attached hereto.
5. It is necessary that a guardian of the person and estate
of Barry Joseph Norrell, Jr., be appointed because:
(a) By decree dated August 8, 1989, The Honorable
Edgar B. Bayley, Judge, appointed Debra Kay Smith as
t~,"t. 1 ::'~',l;~ P\GF. J.,25
guardian of the person and estate of Petitioner. Debra Kay
smith is the maternal aunt of Petitioner and was appointed
Guardian because Petitioner had extreme difficulties in
residing with his natural father, Barry Joseph Norrell, Sr.,
at the time of said appointment;
(b) Petitioner, Barry Joseph Norrell, Jr., has resided
with his uncle, Leon B. Wiley, Jr., since July of 1991, and
intends to continue to reside with Mr. Wiley. For personal
reasons, Debra Kay smith is no longer able to act as
Guardian for Barry Joseph Norrell, Jr., and she desires to
be removed as Guardian at this time;
(c) Petitioner intends to enroll in South Middleton
School District for the present school term, but said
District will not allow him to attend school unless and
until Mr. Wiley formally is appointed Guardian for him.
Petitioner has not been in school in recent years, but he
now desires to return to school and complete his education
and the proposed Guardian strongly supports said desire.
6. The proposed Guardian is Leon B. Wiley, Jr., 45 years of
age, and he is Petitioner's uncle.
7. The religious persuasion of the minor, Barry Joseph
Norrell, Jr., and the proposed Guardian is Protestant.
8. The estate of the minor consists solely of Social
Security Survivor's benefits in an amount of $469.00 per month,
which have been received monthly since his natural mother's death
in 1978. Pursuant to 20 Pa. C.S. 9 5164, the proposed Guardian
intends to utilize said Social Security benefits for the care,
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maintenance and education of the minor, and thus Petitioner, his
natural father and the proposed Guardian ask that the requirement
of a bond be waived pursuant to 20 Pa. C.S. ~ 5122(d). It should
be noted that Petitioner will turn 18 on November 16, 1991, and
after said date, the Social Security benefits will be payable
directly to him as an adult.
WHEREFORE, your Petitioner, Barry Joseph Norrell, Jr., a
minor over the age of fourteen, prays this Honorable Court to
remove Debra Kay smith as guardian of said minor's person and
estate and in her place to appoint Leon B. Wiley, Jr., as
guardian of said minor's person and estate under the provisions
of ~ 5111(a) of the Probate, Estates and Fiduciaries Code.
Respectfully submitted,
J
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'Stephen B. Lipson, Esquire
Counsel for Petitioner
10 S. Courthouse Avenue
Carlisle, PA 17013
(717) 249-3929
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COMMONWEALTH OF PENNSYLVANIA)
SS.
COUNTY OF CUMBERLAND
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BARRY JOSEPH NORRELL, JR., being duly sworn according to
law, deposes and says that the facts set forth in the foregoing
Petition are true and correct to his personal knowledge; and that
all necessary consents are attached to the Petition.
DATE:
9 ~3 /ct /
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Bar Joseph Norrell, Jr.
Sworn and subscribed to before me this
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day of '-...!srk~1 ur-
, 1991.
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CONSENT
Barry Joseph Norrell, Sr., being duly sworn according to
law, hereby accepts notice of the foregoing Petition and consents
to the removal of Debra Kay smith as guardian of the person and
estate and the appointment of Leon B. Wiley, Jr., as Guardian of
the person and estate of his natural son, Barry Joseph Norrell,
Jr.
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Norrell, Sr.
Sworn and subscribed to before
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day of Ve.an"t ~/
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me this
, 1991.
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CONSENT
Debra Kay Smith, being duly sworn according to law, hereby
accepts notice of the foregoing Petition and consents to her
removal as guardian of the person and estate of Barry Joseph
Norrell, Jr., and the appointment of Leon B. Wiley, Jr., as
Guardian of the person and estate of Barry Joseph Norrell, Jr.
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, Debra KaylSmith
Sworn and subscribed to before
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me this
, 1991.
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CONSENT OF GUARDIAN
I agree to accept appointment as Guardian of the person and
estate of Barry Joseph Norrell, Jr., a minor.
My domicile is 430 Hillcrest Drive, Carlisle, Cumberland
County, Pennsylvania, and I am employed by Bethlehem Steel
Corporation as a machinist.
I am a citizen of the united States, and I am able to speak,
read and write the English language.
I have no interest adverse to that of the minor, and I am
not the fiduciary or an officer or employee of the corporate
fiduciary of an estate in which the minor has an interest nor the
surety or an officer or an employee of the corporate surety of
such a fiduciary.
It is not my intention to apply for an allowance for the
support or education of the minor during minority.
WITNESS:
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Dated:
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Leon B. Wiley,
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