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HomeMy WebLinkAbout07-30-08IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN J. HOAG, :ORPHANS COURT DIVISION ~ A MINOR : NO. ~\ 0~6 0~1~~ , "n c... _`~ GUARDIANSHIP-MINOR ? n ~ ~ ~ ~ " -,, w '? .-.J `. _J PETITION FOR APPOINTMENT OF ~ ~ rv ~ ~' TEMPORARY GUARDIAN ~ NOW comes petitioner, by his attorney, Harold S. Irwin, III, Esquire, and presents this petition for appointment of temporary co-guardian of the person and estate of Benjamin J. Hoag, a minor, representing as follows: 1. Petitioner is Thomas R. Hoag, an adult individual residing at 117 South Hanover Street, Apartment 1, Carlisle, Cumberland County, Pennsylvania 17013. Petitioner is the maternal grandfather of the subject minor child. Benjamin J. Hoag. 2. The minor child, BENJAMIN J. HOAG, was born on February 18, 2001, the son of Michael Peterson and Victoria E. Hoag, who were unmarried at the time of the child's birth. A copy of the child's birth certificate and social security card are attached hereto as Exhibit "A". He has resided with foster parents under the supervision of the Cumberland County Children and Youth Services office since April, 2006. Prior to April, 2006, the child resided with his mother most of his life. 3. The father, Michael Peterson, has not consented to the guardianship of Benjamin J. Hoag by the petitioner, however, he will be notified of these proceedings as one of the next-of- kin of the child. 4. The mother, Victoria E. Hoag, daughter of petitioner has consented to the guardianship of Benjamin J. Hoag by the petitioner. A copy of her consent is attached hereto as Exhibit "B". 5. Petitioner has regular contact with the mother and when she had custody of the child, petitioner also saw the child frequently. However, since the child entered foster care, petitioner has had only sporadic contact with the child. 6. Petitioner believes and therefor avers that there is currently an adoption proceeding for the child and the foster parents pending before Judge M. L. Ebert, Jr., however, believes that the best interests and permanent welfare of the child require his guardianship, rather than an adoption. 7. The child has no income and no assets. 8. The child's next of kin are his parents, referred to above, and one half brother, Dustin E. Goshorn (born January 29, 1999, 9 years old), who lives in Cumberland County, Pennsylvania. 9. Petitioner has no knowledge of any other Court within this Commonwealth which has appointed a guardian for the minor. 10. Neither the minor nor his parents are capable of caring for the child's personal finances and physical needs and require the appointment of a guardian to do so. In addition, the petitioner requires this appointment for the inclusion of the child on his medical insurance coverage and to have the authority to make medical, educational and other decisions on behalf of the child. 11. Petitioner has no interests adverse to the minor and ha agreed to act as guardian if this Honorable Court shall so appoint. The consent of the proposed guardian is incorporated herein by reference and attached hereto as Exhibit "C". 12. If appointed as guardian, petitioner will act in compliance with regulations promulgated under Court Order in Pennsylvania Bulletin 931, et seq., April 19, 1975. WHEREFORE, petitioner respectfully requests this Honorable Court set a hearing at which the averments of this petition may be documented and the appointment of petitioner as temporary guardian for the person and estate of the child may be considered, with notice thereof to be given to such persons as this Court may direct. July 23, 2008 HAROLD S. IRWIN, 111 Attorney for petitioner VERIFICATION We do hereby depose and state that the facts contained in the foregoing petition are true and correct to the best of our knowledge, information and belief. We understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. J=<<7 Z~, Zoos . 1 THOMAS R. HOAG DBIRTHE O2-1S-ZOO1 NIOE 3146S1O"2001 ,~ ~ ~- .., DATE :' .ICED OZ-2Z-ZOO1 COUNTY DE _ p~7L~ BIRTH CUMBER ~ ~ ~: ~~,,;UUE -ri` ""'a~ 1,3 ZOOB ~ a ~ '~ 4 f i a ~'` .`~ '...: 'f ' BENJAMEN ~, AG' .r . /i'w1" j ,, V ;. ~ .' FATHERS NA ~ ~ ,t, INFORM ~ r RECORBEta ~~ `. .. ~~ _ ~ ~ ~~ , . - MOTHERS MA E I~AM,~ "'° ~ _ •b., ,, ,I VICTORIA 7,~E~f'~i HC)~~ - ~~ e~_ This into c8rtlfythat this is a3rue copy of the record which is on file in the Pennsylvania Department of Health, In accordance with Act. i36, P.L 304, approved by the General Assembly, June 29, 1953. ^/ / I . ~~:JJ ~ V Calvin B. Johnson, M.D., M.P.H. H105.ios Rev.6lO6 Frank Secretary. of Health State Yeropoli Registrar UHB .~...__ ~.~ . 1~,ti SE C~ ~' ~ p TH IS NU~1 if S IED FOR ~3E~NJ'~~f~~ ~~}~q-~ err ,~~° i ~ISTRP F SIGNATURE ~_. w._ 14637112 IN THE MATTER OF ; IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA BENJAMIN J. HOAG, :ORPHANS COURT DIVISION A MINOR : NO. :GUARDIANSHIP-MINOR CONSENT OF NATURAL MOTHER I,. VICTORIA E. HOAG, do hereby certify that I am the mother of the minor child, BENJAMIN J. HOAG, and I consent to the appointment of Thomas R. Hoag as temporary guardian of his person and estate. The facts and opinions contained herein are true and correct to the best of my knowledge, information and belief. VICTORIA E. HOA Sworn to and subscribed before me this day of May, 2008. n ~ ~I Nota is COMMONW~ ~ ~i ~a NNSYLVANIA Cathy L. Youngblood, Notary Public Lemoyne Boro, Cumberland ~ 20 0 My Commission Expires June 22, Member Pe^~"~'wania Association of Notaries EXHIBIT "~" IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF :PERRY COUNTY, PENNSYLVANIA BENJAMIN J. HOAG, :ORPHANS COURT DIVISION A MINOR : NO. :GUARDIANSHIP-MINOR CONSENT OF PROPOSED GUARDIAN I, Thomas R. Hoag, do hereby certify that we are willing to act as the temporary guardian of the person and estate of BENJAMIN J. HOAG, if the Court shall so appoint ME. Further, I do hereby certify that we are not a fiduciary of any estate in which the minor has an interest, nor have I any interest adverse to the minor. The facts and opinions contained herein are true and correct to the best of my knowledge, information and belief. ~~-2 d~• THOMAS R. HOA Sworn to and subscribed before me this 2 3 da of May, 2008. ~f Notary Public Harold S. Irwin lii, Fsq, Notary Public Carlisle, Cumberland County My corronission expires February 06, 2011 EXHIBIT "~''