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HomeMy WebLinkAbout09-16-91 t 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 / required of said Guardian. J. , 1("\('1, pr,,',' t.:' ..,- '. ,.,~.,' _ .,'N P,~, ~~ 132 -- 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, ;;r,'~' .-'le"",,,, p.rf- 1l):'~. '".' J", L. ".,.~ "I_~.. J../'....L't 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 ? LC;; c_ _/;:5/ ~:_ _~ 'Stephen B. Lipson, Esquire Counsel for Petitioner 10 S. Courthouse Avenue Carlisle, PA 17013 (717) 249-3929 ?r'-':< ~ f ~~; .~ ?'"; _ '<,i'i P~.JF 1...,,,,,. - COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) 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 / -ba/)2v ~ v'-- n/j/[.czJY.I), Bar Joseph Norrell, Jr. Sworn and subscribed to before me this /;3,y < .& day of '-...!srk~1 ur- , 1991. .'''''. , , ..' ", ,'.,(; \ L.;'~ 'A~' <. '"','.. :"<';' \,Y~\C"'!!" r,,;;.., ~~ CZ . ~ -~'. - ". ' ~{ : / ;',,,-, ., r ',., ,r~""/~ " , -A.,.--. .. ',' -. . t bl' , ~".; '. '.;:!lo ary Pu ~c , '~'<'.::~'.:;,;;,..X ! / ~SeII ," 'f"..) (\ ,.......LBrehm.Ncc.yPublc " ",'CMi.1e Boro. CurnbotfoodCounly My Commlooioo Expireo JWl. e. 1992 ~':'" ~., .~ f_.~ pier' -"ll 25" d~'__ .1. __'j ----- 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. C' ...,..-//.-~~ Norrell, Sr. Sworn and subscribed to before /3'li.. < /, day of Ve.an"t ~/ r me this , 1991. .' -"'., "'.'" Not&riol Sell Ilmnda L 8n>hm, Nobry PublIc ~",Iiole Bom, Cumborflrld County ':'ommiosion Expires J... 8.1982 (,' -'.,~' t:::.,:~: Do r~: :.~, I -[ ;J-c _......-J ~ 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. 0,;-., I {' vii<'c =' \k\'J- - lq,"'--)'r'"1,t~_\.\" , Debra KaylSmith Sworn and subscribed to before /.321. d (" ,L /. /' ay of ~.L;;/c/na..t.,.., me this , 1991. '/ ~ '1 y; 'C''''''-- " f,j,....~_' ,') ',". 0 :~.,~~.tary ,-".' ~.:,\ >,"..~fI', '..'> '. ~ ...." (J c ';-'" ,. ;NoIlm. Sell ." ~ ~ 1IfeI1m. NcIlwy PubIc . ,", ClwIlo(i>.llOro, CumborIlMld County , -;'" h'" ,r.lY: . Ion Expires Jan, e, 18112 -'.;\- . y~? ! ;v 7V-c:::~A_""" Public ,~" , I ,,(.,.... t: ~_, - J. .,' to, ""'0 ''j .':: P~G[ ..l0~ 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: ;e:::;/ 0~c ;; -/. ~. L' ~ -L.',,,Cf"'.-o>-_ i . '-./(.(' ,,(',.......... Dated: "7 - I J - 9 / "'/ -0. -. 1: .....u.~~, 0 cv' / Leon B. Wiley, i/'" ..4. ,'""':~) . (' ., r3' 1'J,r: ., ,:'.;"- -'- -- -------