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Home My WebLink About94-02198 , I I , I , I i en! C' :1' O. '"'r J J ,__~_.__f SUZANNB JO (NAUSS) YOUNG, I AN INCOMPBTENT, I BY JBAHHB VOGBLSONG, HER GUARDIAN, I Plaintiff I I V. I I JOHN JOSEPH YOUNG, JR., I Defendant I IN THB COURT OP COMMON PLEAS CUMBERLAND COUNTY, PEHlfSYLVANIA NO. 9'1- ~/ 9~ ~ I-cv.l CIVIL ACTION - LAW POR ANHULMBHT YOU HAVB BEBN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIHONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIH ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6200 4OlI).1-41IBD1.-'COMPLAINT/AprillI.l9M SUZAHHI JO (HaUSS) YOUNG, I U IHCOMPITBHT, I BY JDNHB VOOBLSOHG, BIR GUARDIU, I Plaintiff I I V. I I JOBH JOSBPB YOUNG, JR., I Defendant I IH TUB COURT OP COMHOH PLBAS CUMBBRLAHD COUllTY, PBNHSYLVUIA HO. CIVIL ACTION - LAW POR AHHULMENT ~ AND NOW, comes Plaintiff, SUZANNE JO (NAUSS) YOUNG, an incompetent, by JEANNE VOGELSONG, her guardian, by and through her counsel, SKIGEL, ANDERSON , SACKS, and avers the following: 1. Jeanne Vogelsong is an adult individual currently residing at 114 Laurel Drive, Enola, Cumberland County, Pennsylvania, and was appointed Plenary Guardian of the estate and person of Suzanne Jo (Nauss) Young on October 20, 1993 by the Court of Common Pleas of Cumberland County, Orphans Court Division, No. 21-93-770. A true and correct copy of same is attached hereto as Exhibit 1. 2. Suzanne Jo (Nauss) Young is currently residing at 114 Laurel Drive, Enola, Cumberland County, Pennsylvania with Jeanne Vogelsong and her family. 3. John Joseph Young, Jr., Defendant, is an adult individual whose last known residence is 102 West High Street, Carlisle, Cumberland County, Pennsylvania. 4. Defendant, Plaintiff and her guardian have all resided in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action. r t' I I , I I I, ~ 5. Plaintiff and Defendant were married in Hagerstown, Maryland on Hay 2, 1986. ,. This action for annulment is brought on the grounds that the marriage between Plaintiff and Defendant is void where, at the time of the Marriage and all other times relevant hereto, Plaintiff was incapable of consenting by reason of insanity or serious mental disorder or otherwise lacked capacity to consent or did not intend to consent to the marriage. WHEREFORE, Plaintiff, SUZANNB JO (NAUSS) YOUNG, an 7. There has been no prior action of divorce or for annulment of marriage between the parties in this or any other jurisdiction. incompetent, by JEANNE VOGELSONG, her guardian, respectfully requests that this Honorable Court declare the marriage between Plaintiff, SUZANNB JO (HAUSS) YOUNG, and Defendant, JOHN JOSEPH YOUNG, JR., void and annulled. Respectfully submitted, SMIGEL, ANDERSON & SACKS Date: $1- NI/J ~ 9</ BY: street 7110-1223 laintiff/Guardian - 2 - I verify that the statements made in this pleading 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. section 4904, relating to unsworn falsification to authorities. Date: /j c:// - 9-Y - 3 - . .wo.1. I , I IN RE: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION SUZANNE JO (NAUSS) YOUNG ALLEGED INCAPACITATED PERSON NO. 21-93-770 FINAL ORDER OF COURT APPOINTING PLENARY 'I il I I :1 II 11 cd .s. tJO f'm , 1993, a hearing OfC~ AND NOW, this&Dh~' day in this case having been held on October 18, 1993 and it appearing to the Court that SUZANNE JO (NAUSS) YOUNG was served with a Citation and Notice of this Petition and hearing on September 23, 1993, and the Court finds that the physical or mental condition of SUZANNE JO Ii il :1 'I " II Ii il !I "I ,j II ~i II :J (NAUSS) YOUNG would be harmed by her presence at the hearing, and further finds from the testimony: 1. That SUZANNE JO (NAUSS) YOUNG presently suffers from chronic paranoid schizophrenia and borderline intellectual functioning conditions or disabilities which totally impair her capacity to receive and evaluate information effectively and to make or 'I II ;. I i , , communicate decisions concerning her management of financial resources or to meet the essential :1 I "I :1 :i , requirements for her physical health and safety. That there are insufficient supports available to 2. assist SUZANNE JO (NAUSS) YOUNG in overcoming such ! ,I il " limitations and that there exists no less restrictive alternative mechanism for decision making. That based on the total incapacity of SUZANNE JO (NAUSS) YOUNG to receive and evaluate information and to make or communicate decisions, a plenary Guardian of the Person and a plenary Guardian of the Estate are II :i I: I, :i , " I 3. , 'I I, I, II fl :, :1 II :1 I ! I I " I' I' II I, I I required on a permanent basis. NOW THEREFORE, based on the clear and convincing evidence supporting the foregoing findings, it is ORDERED, ADJUDGED and DECREED that SUZANNE JO (NAUSS) YOUNG be and is hereby adjudged a totally incapacitated person and JEANNE VOGELSONG is appointed Plenary Permanent Guardian of the Person and JEANNE VOGELSONG is appointed Plenary Permanent Guardian of the Estate. An Inventory must be filed within ninety (90) days. A report by each Guardian shall be filed within ninety (90) days and annually thereafter. .>>J r;u{ ~ wn:Lii- ~ . Bond iR ~Q ame . (~ball se A Surety :, !. " il ,I 11 'I II 'I I. " I, I[ i " 'I :1 pr'U:QRtod. fer al''pE''8val s~. tAO <in~rM;;tn nf the Estate with; n ~i .:e. (5i gayS': ~ a.,\L (A.u..ll";;cl. SUZANNE JO (NAUSS) YOUNG, an incapacitated person, has the right to appeal this Order of Court by filing exceptions within ten days of this date or to petition this Court for a review hearing to modify or terminate the guardianship herein established. If SUZANNE JO (NAUSS) YOUNG was not present at this hearing on appointment of a guardian, then petitioner shall serve upon and read to SUZANNE JO (NAUSS) YOUNG the Statement of Rights, a copy of which is attached to this Order as - 2 - . . 'I ;1 ': " " " " Exhibit "A", and file proof of such service with this Court within ten (10) days. BY THE COURT: ~t I, ii ;. IS} 1!~e. /-I~ I ' J. " !I I f! " I, li , A TRUE COPY FROM RECORD In Tesllmony wher,of,1 ':ereunto set my hand ;~~ th~ osal of :~::. ")lhtt~ie~ ?~ (< Ul .7/1 ' Clerk of the Orphans Cumberland Coun , I' II I' II 'I Ii Ii I' il " :I " il ;1 I !I ; 1 ,I d " ,I ;! ,I :, p 'I j; - 3 - I ! ;1 IN RE: a 'I . SUZANNE JO (NAUSS) YOUNG : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION ALLEGED INCAPACITATED PERSON NO. 21-93-770 STATEMENT OF RIGHTS AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN " 'I I ~, ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE I :, !I Ii , ;1 FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION ;! :1 WITHIN TEN (10) DAYS OF THE DATE OF THE COURT'S ORDER. IF YOU 'I I. .1 FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME FINAL. IN THE " " "I II EVENT THAT YOU FILE EXCEPTIONS AND THEY ARE DENIED, YOU " i HAVE A RIGHT TO FILE AN APPEAL TO THE SUPERIOR COURT WITHIN I H 'i THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE EXCEPTIONS, ,! . :1 IN ADDITION, YOU MAY PETITION THE COURT AT ANY FUTURE ;1 " :: TIME TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE IS " :1 I A CHANGE IN YOUR CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HIS DUTIES IN ACCORDANCE WITH THE COURT'S ORDER, IF YOU WISH TO APPEAL THE ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP, YOU ARE ENTITLED TO BE REPRESENTED BY AN ATTORNEY. IF YOU DO NOT 1 i I I . . , HAVE AN ATTORNEY, THE COURT MAY APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN ATTORNEY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY APPOINT FOR YOU WILL BE PROVIDED AT NO COST TO YOU. :1 II " ii I , " 11 , " I' J II " i 'I I, il 11 ii :1 I 'I " :1 ,I :i II , , , II 'I " " I , i , :1 ")""7 .J1a t: -I -!) -i; - 0 ;t. 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