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TO: Justin Shepherd NOTICE OF GUARDIANSHIP Re: Emma Rae Shepherd

NOTICE OF GUARDIANSHIP

IN THE MARION SUPERIOR COURT 8, PROBATE DIVISION, IN RE THE MATTER OF:

THE GUARDIANSHIP OF EMMA RAE SHEPHERD, a Minor Child,

Cause Number: 49D08-1405GU015962

TO: Justin Shepherd

Believed to be residing in Brown County, Indiana

On the 24 day of June, 2014, at 10:30 a,m., the Marion County Superior Court 8, Probate Division, T1721 City-County Building, 200 E. Washington Street, Indianapolis, Indiana 46204, will hold a hearing to determine whether a guardian should be appointed over Emma Rae Shepherd. A copy of the Verified Petition for Appointment of Guardianship of the Person Over Minor Child is attached to this notice.

VERIFIED PETITION FOR APPOINTMENT OF GUARDIANSHIP OF THE PERSON OVER MINOR CHILD

Come now Petitioners, Edith Louann Ross, born April 20, 1960, and Wayne Thomas ross, born November 23, 1959, and for their Verified Petition for Appointment of Guardianship of the Person Over Minor Child and who, having been duly sworn upon their oaths, allege and state as follows:

1. Emma Rae Shepherd (“Emma”) born April 7, 2011, is a minor child currently three (3) years of age.

2. All parties reside in Marion County, Indiana.

3. Emma’s biological mother, Jessica Deeann Ross, is currently incarcerated in the Boone County Jail.

4. Emma is currently residing with Petitioners and has done so since she was an infant.

5. Emma’s biological mother, Jessica Deeann Ross, waives her notice of hearing and consents to the appointment of guardianship over Emma as evidenced by the attached Waiver and Consent, marked as Exhibit “A.”

6. Emma’s biological father, Justin Shepherd, has never been involved in or a part of Emma’s life, and his whereabouts are not known.

7. Justin Shepherd has abandoned or deserted Emma for a period of at least six (6) months immediately preceding the filing of this Petition.

8. Justin Shepherd has failed without justifiable cause to communicate significantly with Emma for a period of at least one (1) year when able to do so.

9. Justin Shepherd has knowingly failed to provide for the care and support of Emma for a period of least one (1) year when able to do so as required by law or judicial decree.

10. Since Justin Shepherd’s whereabouts are not known, but it is believed he resides in Brown County, Indiana, as exhibited by the two affidavits of diligent inquiry filed herein, whereby the Petitioners upon praecipe to the Clerk request that notification of said proceedings be given the natural father by publication.

11. The nature of Emma’s incapacity is that she has not reached the age of majority.

12. Emma has no property, real or personal, other than her personal effects.

13. There has not been a guardian appointed over Emma in this State or any other State.

14. Petitioners do not seek any limitations on the guardians’ authority.

15. The names and address of those seeking to be appointed guardians of the person over Emma are Edith Louann Ross and Wayne Thomas Ross, 9254 Whitecliff Way, Indianapolis, in 46234.

16. The persons currently having the care and custody of Emma are Petitioners.

17. Petitioner Wayne Thomas Ross is Emma’s maternal grandfather, and Petitioner Edith Louann Ross is Emma’s step-maternal grandmother.

18. It is necessary that a guardian be appointed for Emma in order to provide for her care, custody, support, and maintenance due to her minority, and this Petition is in the best interest of Emma.

19. The attorney representing Petitioners is Teresa P. Cambridge, whose office is located at 6825 Parkdale Place, Suite B, City of Indianapolis, State of Indiana, County of Marion, and telephone number is (317) 299-4000.

20. A hearing on Petitioner’s Verified Petition for Appointment of Guardian of the Person Over the Minor Child, should be set as soon as adequate notice can be given pursuant to IC 29-3-3-4 to the persons directed by the Court.

WHEREFORE, Petitioners pray the Court enter an order:

1.Setting a hearing on Petitioner’s Verified Petition for Appointment of Guardianship of the Person Over the Minor Child as soon as possible consistent with the preservation of the rights of the minor child and requiring notice to all necessary parties and persons; and

2.Finding that, after reviewing Petitioners’ Verified Petition for Appointment of Guardianship of the Person Over the Minor Child and Order to Appear, the minor child is incapacitated due to her minority; and

3. Finding that a guardian of the person over the minor child needs to be appointed; and

4. Finding that Petitioners are suitable to be appointed as guardians of the persons over the minor child; and

5. Appointing Edith Louann Ross and Wayne Thomas Ross as the guardians of the person over Emma Rae Shepherd; and

6. For all other relief proper in the premises.

Respectfully submitted,

TERESA p. CAMBRIDGE

Attorney for Petitioners

I AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FOREGOING REPRESENTATIONS ARE TRUE AND CORRECT.

Edith Louann Ross, Petitioner

9254 Whitecliff Way, Indianapolis, IN 46234

Born April 2, 1960

I AFFIRM UNDER THE PENALTIES FOR PERJURY THAT THE FOREGOING REPRESENTATIONS ARE TRUE AND CORRECT.

Wayne Thomas Ross, Petitioner

9254 Whitecliff Way, Indianapolis, IN 46234

Born November 23, 1959

Teresa P. Cambridge

Attorney ID # 15616-49

Teresa P. Cambridge, P.C.

6825 Parkdale Place, Suite B, Indianapolis, IN 46254 Office

(317) 299-4000 Fax

(317) 299-1004

14-127 June 4, 11, 18,  2014 hspaxlp

Obituaries
See Full List »

Hazel J. Bailey, 93, Morgantown
  

Marjorie Mae Wilder, 92, Johnson County
  Mother of Joyce Tow (Jeff) of Nineveh

Timothy L. Ware, 63, of Nashville
  Husband of Eleanor "Ellen" Ware

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    7 to 9 p.m. Library, 205 N. Locust Lane