HomeMy WebLinkAbout05-11-07
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OFFICE OF
KELLY A. LAWVER
CLERK OF COURTS
ADAMS COUNTY COURTHOUSE
111-117 BALTIMORE STREET
GETTYSBURG, PA 17325
PHONE:717-337-9806
FAX: 717-334-9333
EMAIL:klawver@adamscounty.us
MEMORANDUM
TO: CLERK OF COURTS, CUMBERLAND COUNTY
DATE: MAY 8, 2007
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FROM: CLERK OF COURTS, ADAMS COUNTY
IN RE: KA YLA FAHNESTOCK, OC-8-07
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Please find enclosed for transfer to the Clerk of Courts of Cumberland County case # OC-8-07,
Kayla Fahnestock. The following is a complete list of what was filed in Adams County.
Petition for Appointment of Guardian of Minor with Consent if Proposed Guardian 01/18/07
Amended Petition for Guardian of the Estate of a Minor with exhibits A-C attached 03/17/07
Order of Court
05103/07
Transcript of proceedings of Guardianship Hearing
05103/07
Proof of Service
05107/07
pt
cc: file
C County Certified Mail 7001 0360 0000 5621 5585
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In re:
: IN THE COURT OF COMMON PLEAS OF,
: ADAMS COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
: GUARDIANSHIP-MINOR
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K.M.F
: NO. 2007-
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PETITION FOR ApPOINTMENT OF
GUARDIAN OF MINOR
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NOW comes the petitioner, Kayla May Fahnestock, by her attorney, Michael O.
- e Palermo, Jr., Esquire, and files this Petition for Appointment of Guardian of Minor,
representing as follows:
1. The proposed Guardian is Tonya J. (Fahnestock) Mentzer an adult
individual, residing at 120 Pine Grove Road, Gardners, Pennsylvania 17324.
2. Your Petitioner is Kayla M. Fahnestock, a minor child, aged 15 years 1,
who currently resides at 120 Pine Grove Road, Adams County, Gardners,
Pennsylvania.
3. Petitioner is the biological child of the proposed Guardian.
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4. Petitioner is in the primary physical custody of the proposed Guardian.
A copy of the most recent custody order is attached as "Exhibit A".
5. Petitioner has no knowledge of any other Court within this
Commonwealth which has appointed a guardian for her.
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6. The proposed Guardian has no interest adverse to the mino~~hild, ~
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has agreed to act as guardian of the child if this Honorable Court shall sO appointi,?,
7. Pursuant to the Adams County Rules of Orphans Court 12.5 (El, your
Petitioner has provided a written joinder request to the attached Consent of Guardian
in this Petitioner. Said Joinder is attached hereto as "Petitioners Exhibit B"
-.-,
, Pursuant to Pennsvlvania Orohans Court Rule 12.5(a) - a minor over the age of fourteen (14) may
petition the court on their own behalf.
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8. The appointment of a guardian is necessary as the child's father, Toby
Fahnestock is recently deceased and Aetna Life Insurance Services requires the
appointment of a Guardian so that said minor may receive life insurance proceeds. A
Copy of Aetna's Letter addressed to the child's step-mother, Mrs. Nissel is attached as
"Exhibit C",
WHEREFORE, petitioner respectfully requests this Honorable Court set a
hearing at which the averments of this petition may be documented and the
appointment of Tonya Fahnestock, as guardian for the minor child, Kayla M.
Fahnestock, may be considered, with notice thereof to be given to such persons as
e this Court may direct.
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Date: January /(;" 2007
Respectfully submitted,
ROMINGER & WHARE
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Attorney for Petitioner
155 South Hanover Street
Carlisle, PA 17013
717-241-6070
Supreme Court 10 No. 93334
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VERIFICATION
Michael O. Palermo, Jr., Esquire, states that he is the attorney for Petitioner,
Kayla Fahnestock, in this action; that he makes this affidavit as attorney because he
has sufficient knowledge or information and belief, based upon his investigation of the
matters averred or denied in the foregoing document; and that this statement is made
subject to the penalties of 18 Pa. C.S. Pa.C.S. 94904, relating to unsworn falsification
to authorities.
Date V.,/or
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Michael O. Palermo, Jr., Es
Attorney for Petitioner
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In re:
K.M.F
IN THE COURT OF COMMON PLEAS OF,
: ADAMS COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
: NO. 2007-
~SENT OF PRfJPQS.P GUARDIAN
I, Tonya J. (Fahnestock) Mentzer Certify that I am the natural mother of the
alleged minor child/Petitioner and that I am willing to act as her guardian, if the Court
shall so appoint me. In conformity with the Adams County Local Rule of Orohan Court
12.5 (C), I aver as follows:
1. Your proposed guardian is employed by Sarah A. Todd Memorial Home,
1000 W. South Street, Carlisle, Pennsylvania 17013 and resides at 120 Pine Grove
Road, Gardners, Pennsylvania 17324.
2. Your Proposed Guardian is a citizen of the United States and is able to
read, write and speak the English language.
3. Your proposed Guardian is not a fiduciary or an officer or employee of
the corporate fiduciary of an estate in which the minor has an interest nor the surety of
such a fiduciary.
4. Your Proposed Guardian has no interest that is adverse to the minor
child/Petitioner.
5. Your Proposed Guardian will not be seeking child support for the child
while the child is still a minor.
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The facts and opinions contained herein are true and correct to the best of my
knowledge information and belief.
Sworn to and subscribed
before me this
day of January, 2007
Notary Public
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I, Kayla M. Fahnestock hereby join in the Consent of Proposed Guardian
as it is my intention to have Tonya [Fahnestock] Mentzer appointed as my legal
guardian.
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Sworn to and subscribed
before me this
day of January, 2007
Notary Public
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COMMONWEAL TH OF PENNSYL VANIA )
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COUNTY OF CUMBERLAND )
On this, the 12- f:;y of I A~ - , 2007, before me the undersigned
officer; personally appeared Mich~alermo, Jr., EsquIre, known to me to be a member of
the bar of the highest court of the said Commonwealth, Supreme Court ID Number 93334, and a
subscribing witness to the within instrument, and certify that he was personally present when
Tonya Mentzer and Kayla Fahnestock, whose names is subscribed to the within instrument
executed the same; and that said perso,!:" lIf~~~t they executed the same for the
purposes therein contained. ~
WITNESS my hand and seal the day and year aforesaid.
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Notary Public
COMMONWEALTH OF PENNSYLVAN A
Nc8fII Sell
BrooIce A BInger, Nol8ry PubIc
CarlIsle 8oro, CuntledInd County
My Commission Expi8S Aug. 11, 2010
Member, Pennsylvania Asaociation of Notaries
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ROMINGER & WHARE
Attorneys at Law
Karl E. Rominger
~ichaelJ. VVhare
~ichael O. Palermo, Jr.
Leslie A. Tomeo*
* Also admitted in New Jersey
January 17,2007
Clerk of Courts
Adams County Courthouse
111 - 117 Baltimore Street
Gettysburg, PA 17325
Dear Clerk of Courts:
Enclosed please find an original and three (3) copies of a Petition for ApplJintment
of Guardian of Minor on behalf of my clients, Tonya Mentzer and Kayla Fahnestock.
Please file the original, time stamp the copies and return the same to my office in the
enclosed self-addressed, stamped envelope. By copy of this letter and a copy of the
Petition all interested parties have been notified. Also enclosed is our check in the
amount of $60.00 for the filing fee of the Petition.
Thank you for your time and attention to this matter. If you have any questions,
do not hesitate to contact my office.
Sincerely,
~!Lthd~C//JIj~
Michael O. Palermo, Jr., Esquire
MOP:ljj
Enclosures
cc. Tonya Mentzer w/enclosure
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155 South Hanover Street, Carlisle, Pennsylvania 17013 . Tel: (717) 241-6070 . Fax: (717) 241-687
www.romingerlaw.com
ADVOCACY · ADVICE · ANSWERS
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In re:
K.M.F
: IN THE COURT OF COMMON PLEff 0
: ADAMS COUNTY, peNNSYLVANIE r-
: ORPHAN'S COURT DIVISION ~
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: NO. 2007-
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: GUARDIANSHIP-MINOR
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PETITION FOR ApPOINTMENT OF
GUARDIAN OF MINOR
NOW comes the petitioner, Kayla May Fahnestock, by her attorney, Michael O.
Palermo, Jr., Esquire, and files this Petition for Appointment of Guardian of Minor,
representing as follows:
1. The proposed Guardian is Tonya J. (Fahnestock) Mentzer an adult
individual, residing at 120 Pine Grove Road, Gardners, Pennsylvania 17324.
2. Your Petitioner is Kayla M. Fahnestock, a minor child, aged 15 years1,
who currently resides at 120 Pine Grove Road, Adams County, GardAers, 8
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3. Petitioner is the biological child of the proposed Guardian;~ ~~J
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4. Petitioner is in the primary physical custody of the propos~(fGuard.an.
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A copy of the most recent custody order is attached as "Exhibit A". .--i (:~)
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5. Petitioner has no knowledge of any other Court within this
Commonwealth which has appointed a guardian for her.
6. The proposed Guardian has no interest adverse to the minor child, and
has agreed to act as guardian of the child if this Honorable Court shall so appoint.
7. Pursuant to the Adams County Rules of Orohans Court 12.5 (E), your
Petitioner has provided a written joinder request to the attached Consent of Guardian
in this Petitioner. Said Joinder is attached hereto as "Petitioners Exhibit B"
1 Pursuant to Pennsvlvania OrDhans Court Rule 12.5(a) - a minor over the age of fourteen (14) may
petition the court on their own behalf.
8. The appointment of a guardian is necessary as the child's father, Toby
Fahnestock is recently deceased and Aetna Life Insurance Services requires the
appointment of a Guardian so that said minor may receive life insurance proceeds. A
Copy of Aetna's Letter addressed to the child's step-mother, Mrs. Nissel is attached as
"Exhibit C".
WHEREFORE, petitioner respectfully requests this Honorable Court set a
hearing at which the averments of this petition may be documented and the
appointment of Tonya Fahnestock, as guardian for the minor child, Kayla M.
Fahnestock, may be considered, with notice thereof to be given to such persons as
e this Court may direct.
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Date: January ,,,. 2007
Respectfully submitted,
ROMINGER & WHARE
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Attorney for Petitioner
155 South Hanover Street
Carlisle, PA 17013
717-241-6070
Supreme Court ID No. 93334
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VERIFICATION
Michael O. Palermo, Jr., Esquire, states that he is the attorney for Petitioner,
Kayla Fahnestock, in this action; that he makes this affidavit as attorney because he
has sufficient knowledge or information and belief, based upon his investigation of the
matters averred or denied in the foregoing document; and that this statement is made
subject to the penalties of 18 Pa. C.S. Pa.C.S. ~4904, relating to unsworn falsification
to authorities.
Date: V"/O 1-
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MichaelO. Palermo, Jr., Es ire
Attorney for Petitioner
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In re:
IN THE COURT OF COMMON PLEAS OF,
: ADAMS COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
K.M.F
: NO. 2007-
CONSENT OF PROPOSED GUARDIAN
I, Tonya J. (Fahnestock) Mentzer Certify that I am the natural mother of the
alleged minor child/Petitioner and that I am willing to act as her guardian, if the Court
shall so appoint me. In conformity with the Adams County Local Rule of Orphan Court
12.5 (Cl, I aver as follows:
1. Your proposed guardian is employed by Sarah A. Todd Memorial Home,
1000 W. South Street, Carlisle, Pennsylvania 17013 and resides at 120 Pine Grove
Road, Gardners, Pennsylvania 17324.
2. Your Proposed Guardian is a citizen of the United States and is able to
read, write and speak the English language.
3. Your proposed Guardian is not a fiduciary or an officer or employee of
the corporate fiduciary of an estate in which the minor has an interest nor the surety of
such a fiduciary.
4. Your Proposed Guardian has no interest that is adverse to the minor
child/Petitioner.
5. Your Proposed Guardian will not be seeking child support for the child
while the child is still a minor.
.
The facts and opinions contained herein are true and correct to the best of my
knowledge information and belief.
Sworn to and subscribed
before me this
day of January, 2007
Notary Public
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I, Kayla M. Fahnestock hereby join in the Consent of Proposed Guardian
as it is my intention to have Tonya [Fahnestock] Mentzer appointed as my legal
guardian.
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Sworn to and subscribed
before me this
day of January, 2007
Notary Public
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COMMONWEAL TH OF PENNSYL VANIA )
) SS:
COUNTY OF CUMBERLAND )
On this, the ~ ~y of . "'~ - ,2007, before me the undersigned
officer; personally appeared Mich~alermo, Jr., EsqUIre, known to me to be a member of
the bar of the highest court of the said Commonwealth, Supreme Court ID Number 93334, and a
subscribing witness to the within instrument, and certify that he was personally present when
Tonya Mentzer and Kayla Fahnestock, whose names is subscribed to the within instrument
executed the same; and that said perso'l." 'lf~ediltt they executed the same for the
purposes therein contained. ~
WITNESS my hand and seal the day and year aforesaid.
'$;1;6 a 4~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
NoIaiaI Seal
Brooke A BInger, NoIaJy Public
Carlisle Boro, Cumberland County
My Commission Expires Aug. 11, 2010
Member, Pennsylvania AssocIation of Notaries
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: IN THE COURT OF COMMON PLEAS OF,
: ADAMS COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
In re:
K.M.F
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: NO. 2007- OC - 8
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: GUARDIANSHIP-MINOR
PRELIMINARY ORDER
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AND NOW, this 16th day of April ,2007, upon motion of K.M.F. by
and through her counsel, Michael O. Palermo, Jr., Esquire, and upon consideration of
the attached Amended Petition, as the Father is deceased and the appointment of co-
guardians are necessary to effectuate estate matters for Kayla Fahnestock, no citation
is necessary to show cause why a guardian of this minor should not be appointed. A
hearing on this matter shall be held in Courtroom No. 1- of the Adams County
Courthouse, on May 3 ,2007, at 3:00 o'clock -E....m.
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By the Court,
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In re:
K....F
: IN THI! COURT OF COIIIIOtI PLUS OF,
: ADAMS COUNTY, PeNNSYLVANIA
: ORPHAN'S COURT DlV~
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: NO. 2007-OC -8
: GUARDIANSHIP-MINOR
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AMENDED PETITION FOR GUARDIAN OF
THE ESTATE OF A MtNOR
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NOW comes the petitioner, Kayla May Fahnestock, by her attorney, MieRae .
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Palermo, Jr., Esquire, and files this Amended Petition for Guardian of the Esta~ of
Minor, representing as follows: ~ ~
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1. The proposed Co-Guardians are Tonya J. (Fahnestock) M~tz
an adult individual, residing at 120 Pine Grove Road, Gardners, Pennsylvania 17324
and Todd A. Hockensmith an adult individual, residing at 14218 Melody Lane, Kin
George, VA 22485. if ("") ;
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2. Your Petitioner is Kayla M. Fahnestock, hereinafter K.fB=. ~
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minor child, aged 15 years1, who currently resides at 120 Pine Grove RoacCAd s P
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County, Gardners, Pennsylvania. l> go'
3. Petitioner is the biological child of the proposed CO-G~rdi~,
Tonya J. (Fahnestock) Mentzer and the niece of the proposed CcrGuardia~. T ooh A.
Hockensmith.
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4. Petitioner is in the primary physical custody of the proposed Co-
Guardian, Tonya J. (Fahnestock) Mentzer. A copy of the most recent custody order is
attached as "Exhibit A".
5. Petitioner has no knowledge of any other Court within this
Commonwealth which has appointed a guardian for her.
1 Pursuant to Pennsvlvania Orohans Court Rule 12.5(a) - a minor over the age of fourteen (14) may
petition the court on their own behalf.
6. The prapased Ca~Guardians have n.o interest adverse ta the
minar child, and have agreed ta act as ca-guardiasn .of the child if this Hanarable
Caurt shall sa appoint.
7. Pursuant ta the Adams Cauntv Rules .of Orohans Caurt 12.5 (E),
yaur Petitianer has pravided a written jainder request ta the attached Cansent .of
Guardian in this Petitianer. Said Jainder is attached hereta as "Petitianers Exhibit B"
8. The appaintment .of ca-guardians is necessary as the child's
father, T.oby Fahnestack is recently deceased and Aetna Life Insurance Services
requires the appaintment .of a Guardian sa that said minar may receive life insurance
proceeds. A Capy .of Aetna's Letter addressed ta the child's step-mather, Mrs. Nissel
tit is attached as "Exhibit C".
WHEREFORE, petitianer respectfully requests this Hanarable Caurt set a
hearing at which the averments .of this petitian may be documented and the
appaintment .of Tanya Fahnestack, and Tadd A. Hackensmith as co-guardians far the
minar child, K.M.F, may be cansidered, with natice thereof ta be given ta such persans
as this Caurt may direct.
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Date:..a.,&illl .1~
Respectful-ly submitted,
ROMINGER & ASSOCIA lES
Michael O. Pale r., Esquire
Attorney for Petitioner
155 South Hanover Street
Carlisle, PA 17013
717 -241-6070
Supreme Court 10 No. 93334
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: IN THE COURT OF COMMON PLEAS OF,
: ADAMS COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
In nt:
K.M.F
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: NO. 2007- OC- 8
.
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: GUARDIANSIIIP....INOR
ORDER OF COURT
NOW, this day of ,2007, on the Amended Petition of
K.M. F. by and through her counsel, Michael O. Palermo, Jr., Esquire, after
considetation of the attached Amended Petition and hearing held following due
notice, it is ORDERED & DECREED that Tonya J. (Fahnestock) Mentzer and Todd A.
Hockensmith are appointed co-guardians of the minor, K.M.F. No bond shall be
required of petitioners.
By the Court,
J.
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VERIFICAnON
Michael O. Palermo, Jr., Esquire, states that he is the attorney for Petitioner,
K.M.F., in this action; that he makes this affidavit as attorney because he has sufficient
knowledge or information and belief, based upon his. investigation of the matters
averred or denied in the foregoing document; and that this statement is made subject
to the penalties of 18 Pa. C.S. Pa.C.S. ~4904, relating to unsworn falsification to
authorities.
Date "l-oID1-
Michael O. Palermo, Jr.,
Attorney for Petitioner
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TOBY W. FAHNESTOCK,
. Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
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TONYA J. FAHNESTOCK,
Defendant
NO.549 CIVIL 1994
ORDER OF COURT
A!fI) NOW, this 3/51 day of 1YJti/~, 1994, upon agreement of
the parties, it is hereby ordered and decreed as follows:
1. Shared legal custody of the parties' daughter, Kayla M.
Fahnestock, date of birth October 22, 1991 will be in both
of the parties as the natural parents.
2. Primary physical custody of said child shall be in the
mother, Tonya J. Fahnestock, subject to the following
periods of partial physical custody for the father, Toby W.
Fahnestock:
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(a) Every other weekend from Saturday at 9:00 A.M.
through Sunday at 6:00 P.M., commencing with the first
weekend following the date of this order;
(b) On those weeks that father works first shift, he
shall have partial custody on Tuesday and Thursday
evenings from 5:00 P.M. through 9:00 P.M. On those
weeks that father works the second shift, he shall have
partial custody on Tuesday and Thursday from 8:00 A.M.
to 2:00 P.M.;
,..~ PETITIONER'S
~ EXHIBIT
~ 11
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(c) Alternating holidays from 9;00 A.M. to 6:00 P.M.,
said holidays being Thanksgiving, Easter, Memorial Day,
New year's Day and Labor Day. Father's first such
holiday shall be Easter, 1994. When the father's
holiday is on a Friday immediately before his weekend
or a Monday immediately after his weekend, he shall not
be required to return the child for the evening between
the holiday and the weekend partial custody;
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(d) Two weeks during each and every summer, commencing
with the summer of 1994. These weeks shall be during
father's scheduled vacation in 1994 from July 2 through
July 17, with the parties to negotiate in good faith in
setting the dates for future years;
(e) On Christmas day from 2:00 P.M. to 9:00 P.M.;
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(f) On the Saturday picnic scheduled (usually in
August) by father's employer, from 9:00 A.M. to 6:00
,P. M. ;
(g) Time on the child's birthday and Father's Day as
shall be negotiated in good faith by the parties;
(h) Such other periods as the parties may from time to
time agree;
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(i) Father and Mother shall exchange phone numbers so
that each can contact the other concerning custodial
arrangements. The parent having physical custody of
the child shall promptly notify the other parent of any
medical emergency affecting the child;
(j) Father shall notify Mother if he is running late
for pick up or return of the child.
BY THE COURT
J2J?(RV1~ Q. N~
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cc:
Stephen B. Lipson, Esquire
Michelle Stokes - Family Law Clinic
TRUE COpy FROM RECORD
In .T~ttrrK~ny wharor:lf i r;~r.:> U../Ji' ".....t my h<\ftd
~ ""d . r.~ g ...\u ~w I rial.
:':1;. the seal of said Court at Cafifsie Pi
Tnt!; 81d- day of~. l~?f
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In ...:
IN THE COURT OF COMMON PLl!AS OF,
: ADAMS COUNTY, PENNSYLVANIA
: ORPHAN'S COURT DIVISION
K.M.F
: NO. 2007- oc - .
CON_"NT OF PffO"O~o-GUARDIA~
I, Tonya J. (Fahnestock) Mentzer Certify that J am the natural mother of the
alleged minor child/Petitioner and that J am willing to. act as her co-guardian, if the
Court shall so appoint me. In conformity with the Adams County Local Rule of Orohan
Court 12.5 (C), I aver as follows:
1. Your proposed co-guardian is employed by Sarah A. Todd Memorial
Home, 1000 W. South Street, Carlisle, Pennsylvania 1701.3 arid resides at 120 Pine
Grove Road, Gardners, Pennsylvania 17324.
2. Your Proposed Co-Guardian is a citizen of the United States and is able
to read, write and speak the English language.
3. Your proposed Co-Guardian is not a fiduciary or an officer or employee
of the corporate fiduciary of an estate in which the minor has an interest nor the surety
of such a fiduciary.
4. Your Proposed co-Guardian has no interest that is adverse to the minor
child/Petitioner.
5. Your Proposed Co-Guardian will not be seeking child support for the
child while the child is still a minor.
The facts and opinions contained herein are true and correct to the best of my
knowledge information and belief.
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Tonya J. (Fa estock) Mentzer
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Sworn to and $Ubscri~d
beforem~,/o -
day of . . , 2007
13mb ~. 6'~
Notary Public
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NotIrIaI s&
'\. BInger, Noto,,, Pl.lbf~
I, Kayla M.;$;;,o by join in the Consent of ProposedCo-
Guardian as it is my intention to have Tonya [Fahnestock] Mentzer appointed as
my legal guardian.
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Sworn to and su~~ed.
before '2J;:liS ~
day of 'I ,2007
4a/R tP ~~
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Brooke A. BInger, NotaIy Public
CartisIe BolO, Cumberland County
My Commission Expires Aug. 11, 2010
Member, Pennsylvania Association of Notaries
~ PETITIONER'S
~ EXHIBIT
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In re:
K.M.F
IN THI! COURT OF CO..ON PLUS OF,
: ADAMS COUNTY, PI!NNSYLVANIA
: ORPHAN'S COURT DIVISION
.
.
: NO. 2007-0t!..- f
~OIl.,"rOF P~I~ t;~GUAftDIAI!l
I, Todd A. Hockensmith Certify that I am the natural uncle of the alleged minor
child/Petitioner and that I am willing to act as her guardian, if the Court shall so
appoint me. In conformity with the Adams Countv Local Rule of Orphan Court 12.5
19., I aver as follows:
1. Your proposed co-guardian is employed by The Center for Surface
Combat Systems, and resides at 14218 Melody Lane, King George, VA 22485.
2. Your Proposed Co-Guardian is a citizen of the United States and is able
to read, write and speak the English language.
3. Your proposed Co-Guardian is not a fiduciary or an officer or employee
of the corporate fiduciary of an estate in which the minor has an interest nor the surety
of such a fiduciary.
4. Your Proposed Co-Guardian has no interest that is adverse to the minor
child/Petitioner.
5. Your Proposed Co-Guardian will not be seeking child support for the
child while the child is still a minor.
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The facts and opinions contained herein are true and correct to the best of my
knowledge information and belief.
/f'trD J) flo~f.e tJ ~IIJ H-A
Sworn to and subscribed
before me this ,~
day of .2007 ~
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Notary Public
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...11I QInl.iIIIIon ExpirllAuguet 31. 201'
)1 creL& A. i+tt~,,- ~
~odd A.Hoc.kensmith " .
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I, Kayla M. Fahnestock hereby join in the Consent of Proposed Co-
Guardian as it is my intention to have Todd A. Hockensmith appointed as my
legal co-guardian.
Sworn to and sUbscr~
before m~s /1')
day of '(7' ! , 2007
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Notary Public
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:l .,j, ,"If.! A. BInger' ,.Notary PlJl.. .... .
Garli$le eoro. CurntJeI1ancI Cot" . . 1
My commISSIon ExpIreS Iwg 11_~. _?
=_..........1. AI8oClatlol''''; "rl4O
Membef. ",",..,.~_ . w ..
~ PETITIONER'S
~ EXHIBIT
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Aetna Life Insurance Service Center
P.O. Box 14549
Lexington. KY 40512-4548
Telephone Number: 1-800-523-5065
Fax Number: 1-800-238-6239
de -g-o/l
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November 27, 2006
Ms. Wendy L. Nissel
1053 Rebecca Street
Carlisle, P A 17013
RE: Employee:
Employer:
Control Number:
Toby Fahnestock
Ross Stores, Inc.
724710
e
Dear Ms. Wendy L. Nissel:
We are writing you concerning your claim for Group Life Insurance benefits payable to Kayla
May Fahnestock, minor children.
e
When a minor is designated to receive benefits, usually payment has to be made to a court
appointed guardian of the minor's estate. Guardian of the minor's estate is an individual who has
responsibility for the assets of a minor. A surviving parent may have custody or control of the
minor. However, this custody does not legally authorize to collect assets on behalf of a minor.
For this purpose, a guardian of the estate of the minor must be established to govern the property,
or assets of the child. The court certificate will detail the powers of the guardian over the
property and specify when court approval of a specific transaction is required. Information on
guardianship procedures may be obtained from the appropriate court or from an attorney.
Accordingly, please provide our office with a certified copy of the guardianship papers for Kayla
May Fahnestock. A copy of Social Security Cards for both minors is needed. Send a letter from
your attorney or from the clerk of the appropriate court within 30 days from receipt of this letter
documenting your decision to obtain the guardianship papers.
Your claim for Accidental Death & Personal Loss ("AD&PL") Coverage is still pending for some
additional information. In order for US to arrive at a benefit decision for AD&PL Coverage, we
need a copy of police or accident and toxicology report *from date of the accident. If you have
the documents we need, please forward them to us at the address above.
In order to avoid delays when responding to this letter, please include the name and Social
Security Number for the insured or deceased in any correspondence.
If you have any questions regarding your claim, please contact me at 1-800-523-5065.
yr,; (')". J.~1 3 -7 J,. 7.,
fj'i'. '2; 1
Deborah Hall, Life Claim Analyst
Aetna Life Insurance Company
Sincerely,
~~
~ PETITIONER'S
~ EXHIBIT
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ROMINGER & ASSOCIATES
()C -6 ~()YJ
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Attorneys at Law
Karl E. Rominger
Michael O. Palermo, Jr.
Leslie A. Tomeo*
* Also admitted in New Jersey
April I! , 2007
Clerk of Courts 8 ("')
Adams County Courthouse ......, r-
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111-117 Baltimore Street ::0
::0 :::x; ."
Gettysburg, PA 17325 0 r
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RE: IN RE: K.M.F. c::
DOCKET NO. 2007-OC-8 - ::0
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Dear Clerk of Courts: cr
Enclosed please find an original and three (3) copies of an Amended Petition for
Guardian of the Estate of a Minor in the above captioned case. Please file the original,
time stamp the copies and return the same to my office in the enclosed self-addressed,
stamped envelope.
Thank you for your time and attention to this matter. If you have any questions,
do not hesitate to contact me.
Sincerely,
e
~~J-
Michael O. Palermo, Jr., Esquire
MOP:ljj
Enclosures
155 South Hanover Street, Carlisle, Pennsylvania 17013 . Tel: (717) 241-6070 . Fax: (717) 241-6878
www.romingerlaw.com
ADVOCACY · ADVICE · ANSWERS
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IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, PENNSYLVANIA
Orphans' Court
In Re:
Kayla Fahnestock, a minor
ORDER OF c::otJRT
AND NOW, this 3rd day of May, 2007, after
regarding the Petition and Amended Petition for the
appointment of co-guardians of the Estate of Kayla M.
Fahnestock, during which hearing the Court became aware of
the fact that the Petitioners all reside in Cumberland
County, Pennsylvania rather than Adams County, Pennsylvania,
as originally thought at the time of the preparation of the
Petition and the Amended Petition,
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IT IS ORDERED that:
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1. The Clerk of Courts of Adams County is:';airected
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to transfer this file to the Clerk of Courts of CumO rlana
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County, Pennsylvania, including a transcript of today' s .:;:~-
proceedings which the court reporter is directed to prepare.
The cost of the preparation of the transcript will be the
expense of Rominger & Associates law firm of Carlisle,
Pennsylvania.
The Court notes that there will in all probability
be a filing fee in the Office of Clerk of Courts in
Cumberland County. It is noted that the law firm of Rominger
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& Associates has agreed to pay that fee as well.
2. The Orphans' Court of Cumberland County may
schedule such further proceedings as it feels is necessary or
may choose to rely on the transferred file and transcript of
these proceedings.
By the Court,
Ro ert G. Bl.
Michael o. Palermo, Jr., Esq.
clo
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A Yes, sir.
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Cor r i e 1. Ondr i z e k
Qrficial Court Reporter
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