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HomeMy WebLinkAbout07-12-10IN RE: IN THE COURT OF COMMON PLEAS ^~ JAMES THOMAS GUEST, II :CUMBERLAND COUNTY, PENNS~`~~NIA r- v i7 C.~_ ' - `I . _ l =; ~- A minor child :ORPHANS' COURT DIVISION -~ ~~ ~ `..~.~ ~~ _ ~ ~~ -:~ ---i .. _-.1 PETITION TO APPOINT GUARDIANS ~' OF THE PROPERTY OF A MINOR CHILD TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. James Thomas Guest, II is a minor child, having been born in Dauphin County, Pennsylvania on March 25, 1995. 2. The natural mother of the subject minor child is Pamela J. Guest, an adult individual residing at 114 East Maplewood Avenue, Apt. B, Mechanicsburg, Cumberland County, Pennsylvania. 3. The natural father of the subject minor child is Andrew G. Guest, who passed away on August 2, 2009. 4. Petitioners, April L. Casper and Mark A. Casper, are adult individuals currently residing at 2213 Boxwood Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. It should further be noted that the subject minor child presently resides with Mr. and Mrs. Casper and has done so since the death of his father on August 2, 2009. The natural mother, Pamela J. Guest, has consented to the subject minor _~ -1 ''Ti J ''" ) =; i ~l :J child residing with Mr. and Mrs. Casper, and indeed the natural mother has reasonable and liberal contact with the subject minor child. 5. The subject minor child does not presently own any property, nor does he receive any income. However, when his natural father, Andrew G. Guest passed away, he named him as co-beneficiary of a life insurance policy with death benefits of One Hundred Twenty Six Thousand Dollars ($126,000). 6. The subject minor child does have a sibling, namely, Jessica Nicole Guest. As a result, the subject minor child will be receiving life insurance proceeds in the amount of Sixty Three Thousand Dollars ($63,000). 7. The subject minor child is 15 years old, having been born on March 25, 1995. Obviously, the insurance company cannot distribute life insurance proceeds to a minor. 8. Therefore, it is respectfully proposed that April L. Casper and her husband, Mark A. Casper, be named as guardians of the property of the subject minor child; specifically, the life insurance proceeds in the amount of Sixty Three Thousand Dollars ($63,000). 9. Petitioners request that they be granted powers to act on behalf of the subject minor child, in the form of specific areas: a. That Petitioners be directed to place eighty percent (80%) of the life insurance proceeds in a blocked account in a federally insured savings institution with the highest interest rate available in the Central Pennsylvania area. Petitioners would reserve the right to request the Court for permission to access these funds to meet the necessary expenses of the child, should the need arise; and b. The Petitioners be directed to deposit the remaining twenty percent (20%) of said proceeds into an interest bearing savings account in a federally insured savings institution, and that the twenty (20%) proceeds could be accessed before the child reaches age 18 only to meet specific needs directly for the child that the Petitioners, April L. Casper and Mark A. Casper, and the natural mother of the subject minor child, Pam Guest, agree are appropriate. In the event that the Gaspers and Pam Guest do not agree to the withdrawal of any monies from the twenty (20%) savings portion of the life insurance proceeds, then the party desiring to make the expenditure shall have the right to petition the Court for permission to have the funds withdrawn for a specific purpose. It is further envisioned that under no circumstances shall these funds be used for normal living expenses. Rather, they would be for special and otherwise expensive needs such as class trips, purchase of musical instruments, summer camps, purchase of an automobile, and generally important expenditures whose costs are above and beyond the regular budget. 10. Petitioners pledge to carefully guard the money in question and otherwise make sure that the remainder is placed in a blocked account in a federally insured banking institution. 11. The natural mother, Pamela J. Guest, also joins in this Petition and her Consent is attached hereto and marked Exhibit "A". WHEREFORE, the Petitioners, April L. Casper and Mark A. Casper, respectfully request this Honorable Court appoint them as guardians of the property of the subject minor child, James Thomas Guest, II. Date: ~ .~ '~ 1 / ° Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD y ~,,... ~fk T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for April L. Casper and Mark A. Casper IN ~~ IN THE COURT OF COMMON PLEAS JAMES THOMAS GUEST, II :CUMBERLAND COUNTY, PENNSYLVANIA A minor child :ORPHANS' COURT DIVISION No. ~ l - /D -OLD ~ `3 CONSENT TO THE HONORABLE JUDGES OF SAID COURT: THE UNDERSIGNED, Pamela J. Guest, an adult individual currently residing at 114 East Maplewood Avenue, Apt. B, Mechanicsburg, Cumberland County, Pennsylvania 17055, hereby asserts the following: 1. I am the natural mother of the subject minor child, James Thomas Guest, II, born March 25, 1995. 2. I hereby acknowledge that he has been in the care and custody of April L. Casper and Mark A. Casper, since August 2, 2009. 3. I acknowledge the need to appoint them as guardians of the property of my child because they are the ones who meet her daily needs, and this is in her best interest. 4. I have reviewed the Petition to Appoint Guardians of the Property of a Minor Child, and I concur with the request. Therefore, I consent to their appointment as the guardians of the property of my son, James Thomas Guest, II. I take this step voluntarily and of my own free will. Date: ~!J ° ~ /U Witness L Pamela J. Guest 114 East Maplewood Avenue, Apt. B Mechanicsburg, PA 17055 EXHIBIT ~ ~ ti s AFFIDAVIT I, April L. Casper, hereby certify that the aforegoing is 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. 4909 relating to unsworn falsifications to authorities. --- -. Dated: _,~,>~ _ ~ tJ ~~.;~~-~ :~~ ~ „~~~, `, __- Apri ~ . Casper AFFIDAVIT I, Mark A. Casper, hereby certify that the aforegoing is 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. 4909 relating to unsworn falsifications to authorities. Dated: ~ mac(- l O ~ti-,/~ ~ - ~-~_~-----. Mark A. Casper