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HomeMy WebLinkAbout01-1178 ll-:C 3 1 2001 \~ 0 C/ INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SKY 1,. BARRICK, a mmor who is less than 14 years of age ORPHAN'S COURT DIVISION \ DOCKET NO. 2Do ( - I I ~ ?5 PREVIOUSLY ASSIGNED TO: N/ A 11 ORD AND NOW, this ~ day of . 20() ~pon consideration ofthe within Petition, a Hearing is hereby scheduled to be held the ~y of ~ ~ 20 6). , at ---/." 3 U o'clock ----fm., in Courtroom Number 3 County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. of the Cumberland Service of the Petition and this Order shall be made upon the natural mother of the minor child, with proof thereof to be supplied at the time of hearing. BY THE COURT: G..Jafne Distribution: Shawna ~.~,T :ll~ - Natural Mother Matthew J. Eshelman, Esquire - Counsel for Petitioners J. ):r'Jqulfl~ "lJel~) 80: V dOL N\:tr ZOo ..' JU: :ja8 10::)&8 E: - INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SKY L. BARRICK, a mmor who is less than 14 years of age ORPHAN'S COURT DIVISION DOCKET No.2' - Ol- \ \' i PREVIOUSLY ASSIGNED TO: N/ A PETITION FOR THE APPOINTMENT OF GUARDIAN OF THE PERSON OF A MINOR CHILD UNDER THE AGE OF FOURTEEN YEARS The Petition of Dustin J. Burkholder and Christina Barrick, by and through their legal counsel, Matthew J. Eshelman, Esquire, filed pursuant to 20 Pa. C.S.A. S 5111(a) and Pa. R. Orphans Court, Rule 12.5, respectfully represents as follows: 1. Your Petitioners, Dustin J. Burkholder and Christina Barrick, are adult individuals, husband and wife (common law of more than five years), who reside at 50 Bonny Brook Road, Number 23, Carlisle, Cumberland County, Pennsylvania 17013 since April 1998. 2. Petitioner Christina Barrick is the maternal aunt of the subject child. 3. Petitioners reside with their minor children, Icia M. Burkholder (age 3, born 08/05/98) and Keanna L. Burkholder (age 1, born 11/04/00). 4. The minor child who is the subject of this Petition is Sky L. Barrick, age two years, having been born on July 14, 1999. 5. The natural mother of the subject child is Shawna Warner (nee Barrick) currently resides at Safe Harbour, 102 West High Street, Carlisle, Cumberland County, Pennsylvania 17013. She has indicated that she objects to this petition. 6. The natural father of the subject child is unknown to the natural mother 7. The natural father of the subject child is unknown to the Petitioners. 8. The natural father of the subject child is unknown to the subject child. 9. The minor lived with her natural mother for some two to three weeks immediately after the child's birth. 10. In early August 1999, the natural mother placed the child with the Petitioners at their current address. 11. The child resided with the Petitioner through late November 1999, when she went to live with her aunt's foster-grandmother, Arlene Iddings, of Carlisle, Pennsylvania. 12. Ms. Iddings submits this petition is in the best interests of the child. 13. The child resided with Grandmother Iddings until January 2001. 14. During the month of January 2001, the minor child came to reside solely with the Petitioners, with the knowledge and consent of the minor's natural mother. 15. The aforesaid minor has lived exclusively with your Petitioners since that time. 16. Your Petitioners have arranged sporadic visitation between the natural mother and the subject child, at the natural mother's convenience, because they believe continued contact between the two is in the best interests of the subject child. 17. However, the natural mother has, on several occasions, ceased all contact with the child and/or the Petitioners for three to four months at a time. 18 . Your Petitioners have no interest adverse to that of the minor. 19. The minor has no estate, property, income, or entitlement to receive any money as a party to any action or proceeding in any court. 20. The religious persuasion of the minor child is Pentecostal and Catholic, insofar as the minor child has been raised to the Pentecostal faith, but was baptized Catholic. 21. petitione~ Q.f the pentecostal religious persuasion, although Petitioner Christina Barrick was r it".lf' ~c:tatho1ic rehgioyg ~\MISHaGien. 22. The religious persuasion of the natural mother is unknown, although her spouse is of the Catholic faith. 23. It is believed that the minor is not a child of a veteran to whom insurance or other gratuity would be payable by the United States Veteran's Administration. 24. Your Petitioners are fit and proper persons to be appointed guardian of the person of the minor. 25. Your Petitioners have expressed a willingness to permanently adopt the minor, but hold hope that the natural mother can ultimately establish a stable and loving relationship with the child. 26. Your Petitioners, as brother-in-law and sister of the natural mother, lack standing to petition for physical custody. 27. It is in the best interest and welfare of the minor child that Petitioners be appointed guardians of the person of Sky L. Barrick. WHEREFORE, Petitioners Dustin J. Burkholder and Christina Barrick respectfully request the Court appoint them as Guardians of the Person of Sky L. Barrick. hp:jJ) , ReSPu;Jri2L__ Matthew 1. ESh]an, Esquire Law Offices of Patrick F, Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 Date: pccopJ ~~ 9 ~d~L ( fI2 lA-, ~ ~"'- 0 \ Je r i 0 ; s...) V0 ~Tep(Yl~\.e.r t=>e T', 11 0 ~"I e (OS r ........-'" :-'J'''' ".. ....." - (C'. 3~ cr 1'\" " d - c::J N 00 C""J .~ 1"..) INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SKY L. BARRICK, ammoI' who is lless than 14 years of age ORPHAN'S COURT DIVISION DOCKET NO. PREVIOUSLY ASSIGNED TO: N/ A STATEMENT OF GUARDIAN PURSUANT TO C.C.O.C.R., RULE 12.5-2 Your Petitioners, Dustin J. Burkholder and Christina Barrick, by and through their legal counsel, Matthew J. Eshelman, Esquire, filed pursuant to Cumberland County Orphans' Court Rules, Rule 12.5-2, respectfully represents as follows: 1. The proposed guardian(s), Dustin J. Burkholder and Christina Barrick, are adult individuals who are citizens of the United States of America, and is/are able to speak, read and write in the English language. 2. The proposed guardian(s), Dustin J. Burkholder and Christina Barrick, are adult individuals who reside in the same household with the minor, Sky L. Barrick, and it is not the intention of the guardian(s) to apply for an allowance for the support or education of the minor during minority. 3. The proposed guardian(s), Dustin J. Burkholder and Christina Barrick, are not the fiduciary nor an officer or employee of a 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, and the proposed guardian(s), Dustin J. Burkholder and Christina Barrick, have no interest adverse to the minor. We, Dustin J. Burkholder and Christina Barrick, state that we are the Petitioners in the above-captioned case and that the facts set forth in the above Statement are true and correct to the best of our knowledge, information, and belief. We realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. c.s. 94904. Date4#l1 ~lL ~fbi/Vl ~4fi~~~i~ ac ,... ~....- = (t' .... -.' ......J .'''1' cr. I.i' :;j,,: 9 CJ c-J N co 3~ i'-l .j::,;. N ::0 ::0 m ~~~ r;; INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SKY L BARRICK, ammoI' who is less than 14 years of age ORPHAN'S COURT DIVISION DOCKET NO. PREVIOUSLY ASSIGNED TO: N/ A STATEMENT OF GUARDIAN PURSUANT TO RULE 12.5(c) Your Petitioners, Dustin J. Burkholder and Christina Barrick, by and through their legal counsel, Matthew J. Eshelman, Esquire, filed pursuant to Cumberland County Orphans' Court Rules, Rule 12.5-2, respectfully represents as follows: 1. The proposed guardian( s), Dustin J. Burkholder and Christina Barrick, hereby indicate their consent to their appointment as guardian of the person of Sky L. Barrick. We, Dustin J. Burkholder and Christina Barrick, state that we are the Petitioners in the above-captioned case and that the facts set forth in the above Statement are true and correct to the best of our knowledge, information, and belief. We realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. c.s. 9 4904. DateaJ1JO I (kd.,~ ~t~)Z{~ ~~AA;J Dr; 3~ 'cr' 9 o CJ N co 'q l"..J .b'. r"-.l ::0 ~u r,',., ,....') INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SKY L. BARRICK, ammoI' who is less than 14 years of age ORPHAN'S COURT DIVISION DOCKET NO. PREVIOUSLY ASSIGNED TO: NI A VERIFICATION We, Dustin J. Burkholder and Christina Barrick, state that we are the Petitioners in the above-captioned case and that the facts set forth in the above Petition are true and correct to the best of our knowledge, information, and belief. We realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. S 4904. O;4~ ~J~f~ Date# OC ".. ....,. =1'\) :;:j:;; IT ('1') d -- c::J C""'J N 0::: ~-: N .j:;. N ::0 ::0 cr.: r.-'~) - €. -- IN RE: SKY L. BARRICK, who is a minor who is less than 14 years of age IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHAN'S COURT DIVISION NO. 2001-1178 JUDGE HOFFER ORDER OF COURT AND NOW, this 6th day of February, 2002, this matter having been called for hearing, and the petitioners having appeared in court, together with their personal counsel, Matthew J. Eshelman, Esquire, and the petitioner, Christina Barrick, being the sister of Shawna Werner, who is the mother of Sky L. Barrick, date of birth July 14, 1999, the Court determines that this matter should be continued for 90 days. Shawna Werner is unrepresented in this matter. As put to the Court by Mr. Eshelman, much of this case has the sounding of a custody action more so than a guardianship question. Mr. Eshelman relates that Sky has been living a considerable portion of her life with Christina Barrick, and the mother indicates to the Court that she would like the child back with her. Mr. Eshelman has proposed putting together a limited legal guardianship, concerned mostly with medical treatment of the child. The Court has advised Shawna Werner, once she receives that proposed agreement, to take that to the Legal Aid Society for help in interpretation of the effect it will have. The purpose of the 90 day continuance is to give the parties tirne to carry out their attempts to resolve the issues. If neither side requests a hearing in this matter before 90 days runs out, the Court will consider that the whole matter is dismissed without further order of court. Matthew J. Eshelman, For the Petitioners By the Court, Shawna Werner, Defendant Pro Se P.O. Box 1432 Carlisle, PA 17013 pcb .J.