The URL can be used to link to this page

Home My WebLink About03-0689IN THE MATTER OF ANDREW JAMES HUBER, a minor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 21-03- : GUARDIANSHIP - INCAPACITATED PERSON PETITION FOR APPOINTMENT OF GUARDIAN NOW come petitioners, Floyd B. Deitch and Mildred E. Deitch, by their attorney, Harold S. Irwin, III, Esquire, and presents this petition for appointment of guardian of the person and estate of Andrew James Huber, a minor, representing as follows: 1. Petitioners are Floyd B. Deitch and Mildred E. Deitch, his wife, adult individuals residing at 1135 Centerville Road, Newville, Cumberland County, Pennsylvania 17241, and are the maternal grandparents of the minor child. 2. The minor child is Andrew James Huber (born December 11, 1993, age 9 years), and resides with petitioners at 1135 Centerville Road, Newville, Cumberland County, Pennsylvania 17241. 3. Petitioners have had physical custody of the minor since January 1, 1994, as a result of the death of the child's mother, Stacy L. Huber, on December 24, 1993, from medical complications suffered during the birth of the child. 4. On April 12, 1995, this Court entered an Order for the custody of the child, awarding legal custody and primary physical custody of the child to petitioners, based upon the consent and joinder of the child's natural father, Sean Huber. A copy of that Order is incorporated herein by reference and attached hereto as Exhibit "A". 5. The natural father, Sean Huber, died in October, 2001. A copy of his death certificate is incorporated herein by reference and attached hereto as Exhibit "B". 6. Petitioners are the only living next-of-kin of the child, except for his paternal grandmother, Mary Cassel, whose whereabouts are completely unknown to the petitioners. 7. The consents of the petitioners are incorporated herein and attached hereto as Exhibit "C". 8. Petitioner has no knowledge of any other Court within this Commonwealth which has appointed a guardian for the minor child. 9 The minor child is the beneficiary of a trust fund established for his benefit following the death of his father. This account is managed by Monumental Insurance Company and is in excess of $50,000.00. 'The child also receives SSI financial assistance in the amount of over $500.00 per month. 10. Petitioners already have limited access to these funds for the purpose of providing support, education and medical care to the minor child. However, for the purposes of better management and decision making power over the investment of these funds and for making medical and educational decisions for the child, petitioners have been instructed to request that they be appointed guardians for the child. 11. Petitioners have no interest adverse to the minor child and have agreed to act as co-guardians, if this Honorable Court shall so appoint. 12. Since petitioners are the grandparents of the child and have been acting as his legal custodians all of his life, by virtue of the consent of his father and by Order of Court, petitioners believe and aver that no bond should be required of them. 13. Petitioners believe and therefor aver that a guardian ad litem is not necessary under the circumstances of this case. WHEREFORE, petitioners respectfully request that this Honorable Court set a hearing at which the averments of this petition may be documented and the appointment of petitioners as co-guardians for the minor child may be considered, with no additional notice thereof to be given. Finally, due to possible emergency and immediate financial needs of the minor child, petitioners request that they be appointed temporary co-guardians for the purposes of providing consent and other assistance regarding medical, educational and financial needs pending a final hearing on this matter. /A _ August 7.0, 2003 H~ · -~r~Jl-I.; o. ,nVVll~l, iii ~ Attorney for petitioners 35 East High Street Carlisle, PA 17013 Supreme Court ID No. 29920 VERIFICATION I hereby verify that I am the plaintiff in this action and that the facts in stated in the above complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. August 20, 2003 FLOY'b B. DEITCH I~t'LDRED E. DEI-TCH- - ' EXHIBIT "A" FLOYD B. DEITCH and MILDRED E. DEITCH, Plaintiffs Vs. SEAN HUBER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 7 ~- /'7 f3 ~ ~f~- CUSTODY/VISITATION ORDER AND NOW, thiq [Z~~ day of ~ pt ~ , 1995, upon stipulation and consent of the parties it is ORDERED: 1. That Floyd B. Deitch and Mildred E. Deitch shall be and hereby are awarded primary physical and legal custody of tha child, Andrew James Huber, born December !1, 1993; and 2. Sean Huber shall be entitled to visitation with the said child at such reasonable times and periods as the parties shall agree. Attorney for the Plaintiffs c:',').~: ~, '~ Sean Huber, Defendant , , 915 Sandbank Road / Mount Holly Springs, PA 17065 BY THE COURT, · (._J J- · " "" ~RU~ (.OPY FROM RE~ '-.. tc~-Z~mony whetsc-f, ! I~.et~ onto .; FLOYD B. DEITCH and MILDRED E. DEITCH, Plaintiffs Vs. SEAN HUBER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CUSTODY/VISITATION STIPULATION FOR ENTRY OF ORDER FOR CUSTODY COME NOW, Floyd B. Deitch, Mildred E. Deitch, and Sean Huber and request that an Order of Custody be entered in accordance with this stipulation: i. Pioyd B. Deitch and Mildred E. Deitch have had physical custody of Andrew James Huber since January 1, 1994, as a result of the untimely death of the child's mother. 2. Sean Huber, the natural father, believes that it is in the best interest of Andrew James Huber that custody be retained by Floyd B. Deitch and Mildred E. Deitch and confirmed by Court Order for purposes of medical care, insurance and other good reasons. 3. The undersigned parties request that a Court Order confirming custody be entered without hearing or further proceedings at this time. Respectfully Submitted, Date: ~//' '~'' ? /-' Floyd B. Deitch Se~n Huber Sworn to and Subscribed before me this '~day of April, 1995. Nota%y Public NOTARIAL ~ MIC#R I I: D. RISBON. NOTARY PUBUC CARUSLE BOROUGH, CUMB~D CO., PA MY COMMISSION EXPIRES MARCH 14. 1996 Edwa~ W. Hafker, Esquire Attcfrney for the Plaintiffs One West High Street Carlisle, PA 17013 (717)243-1083 Supreme Court ID 06362 EXHIBIT "B" IN THE MATTER OF ANDREW JAMES HUBER, a minor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION :NO. 21-03- : GUARDIANSHIP - INCAPACITATED PERSON CONSENT OF PROPOSED GUARDIAI~ We, Floyd B. Deitch and Mildred E. Deitch, do hereby certify that we are willing to act as co-guardians of the person and estate of Andrew James Huber, if the Court shall so appoint us. Further, we do hereby certify that we are not a fiduciary of any estate in which the alleged incapacitated person has an interest, nor do we have any interest adverse to him. The facts and opinions contained herein are true and correct to the best of our knowledge, information and belief. Sworn to and su cbs, 'ibed before me this Notary Public NOTARIAL SEAL ~ HAROLD S. IRW1N, I!t, NOTARY PUBUC J :^~'S~,~ BOI~OU~H, COUNTY OF CUM~ .B;IIA/Io.J v','., cu~v~.~SSION EXPIRES OCTOBER 22, 20i36 J FLOY~/B. DEITCH I~LDRE~D E~ D~J'-TCH ' - ' EXH I BIT "C" IN THE MATTER OF ANDREW JAMES HUBER, a minor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION :NO. 21-03- ~?~'~ : GUARDIANSHIP - INCAPACITATED PERSON PRELIMINARY ORDER NOW, this ~.~./~day of (/'~,___,~/z~ , 2003, upon motion of Harold S. Irwin, III, Esquire, and upon consideration of ti~e attached petition, a rule is issued upon Andrew James Huber to show cause why a guardian of his person and estate should not be appointed. A hearing on this matter shall be held in Courtroom No. ~ of the Cumberland County Courthouse, on ~ /..5 , 2003, at ~;60 o'clock ./ Petitioners Floyd B. Deitch and Mildred E. Deitch are appointed temporary co- guardians of the person and estate of Andrew James Huber, a minor, pending a final ruling by the Court following the hearing. Since Petitioners are the only known next-of-kin of Andrew James Huber, no additional notice of the hearing shall be required. By the C~rt, .~.' ~...?' HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE, PA 17013 (7t7) 243-6090 ATTORNEY FOR PETITIONER AUG~r'i~O03 IN THE MATTER OF ANDREW JAMES HUBER, a minor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA i ORPHANS COURT DIVISION NO. : GUARDIANSHIP - INCAPACITATED PERSON ORDER OF COURT NOW, this day of~, 2003, on motion of Harold S. Irwin, III, Esquire, upon consideration of the attached petition and after a hearing held following due notice, it is ordered and decreed that Floyd B. Deitch and Mildred E. Deitch are appointed co-guardians of the person and estate of Andrew James Huber. No bond shall be required of petitioner. By the Court, / ~ IN RE: ANDREW JAMES HUBER, a minor IN THE COURT OF COMMON PLEAS ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PENNSYLVANIA NO. 21-2003-0689 GUARDIANSHIP- INCAPACITATED PERSON RULE WE COMMAND, you that laying aside all business and excuses whatsoever, you be and appear in your proper person before the Honorable Judges of the Court of Common Pleas, Orphans' Court Division at a session of the said Court there to be held, for the County of Cumberland to show cause why a guardian of his person and estate should be appointed. A hearing on this matter shall be held in Courtroom No. 2 of the Cumberland County Courthouse, on September 15, 2003, at 9:00 o'clock A.M. Petitioners Floyd B. Deitch and Mildred E. Deitch are appointed temporary co-guardian of the person and estate of Andrew James Huber, a minor, pending a final ruling by the Court following the hearing. Since Petitioners are the only known next-of-kin of Andrew James Huber, no additional notice of hearing shall be required. Witness my hand an official seal of office at Carlisle, Pennsylvania, this 22nd day of August, 2003. Clerk, O~ans CourtDivi~io/a ' I CMUyr~:r lanmmids sCi:nUnEWx 'p kC::li:nle 'theP January, 2006 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE, PA t70t3 (717) 243-6090 ATTORNEY FOR PETITIONER IN THE MATTER OF ANDREW JAMES HUBER, a minor : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS COURT DIVISION : NO. 21 - 03- : GUARDIANSHIP - MINOR Certificate of Service I, Mildred E. Deitch, do hereby certify that I served a copy of the Citation and Order of Court, issuing a rule to show cause why petitioners should not be appointed co-guardians of the person and estate of Andrew James Huber, a minor, at his residence at 1135 Centerville Road, Newville, PA, on September 5, 2002, at 1:00 p.m. September 15, 2003 Sworn to and subscribed Before me this 15th day of N.°.tarY Public [,,,. J /~//~-, 4- , ,~VilLDRED E. DEITCH