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HomeMy WebLinkAbout04-0967APRIL LEE HOUSEMAN and JAMES EDWARD HOUSEMAN, II · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA · ORPU, S COURt r)XVXSXON : NO. Ll-O. PETITION FOR GUARDIANSHIP OF MINORS AND NOW, comes Petitioner, Lode Requena, by and through her counsel, Cunningham & Chernicoff, P.C., and files the within Petition for Guardianship of Minors as follows: 1. Petitioner, Lode Requena (the "Aunt"), is an adult individual who resides at,116 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. 2. Respondents, James Houseman and Cindy Houseman (the "Parents") are adult individuals who currently reside at 17 Glenwood Road, Lot 3, Dillsburg, York County, Pennsylvania. 3. April Lee Houseman, whose date of birth is September 1, 1987, and James Edward Houseman, II, whose date of birth is June 2, 1988, are minor children (the "Minor Children") who currently reside with Aunt at 116 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. 4. The Parents, James Houseman and Cindy Houseman, maintain sole, legal, and physical custody of the Minor Children. 5. The Aunt, Lode Requena, is the maternal aunt of the Minor Children. 6. The Aunt and the Parents desire and have agreed that Aunt should assume full guardianship of the Minor Children effective immediately. A true and correct copy of the Guardianship Agreement (the "Agreement"), executed by the Aunt and the Parents, is attached hereto as Exhibit "A" and is incorporated herein by reference. 7. The Parents and the Aunt agree that it is in the best interests of the Minor Children for the Aunt to assume guardianship and full legal and physical custody of the Minor Children. 8. The Parents, through the Agreement, have appointed and nominated the Aunt as the legal guardian of the Minor Children to take effect immediately. WHEREFORE, Petitioner, Lode Requena, hereby respectfully requests that this Honorable Court enter an Order, substantially in the form of the attached proposed Order, granting full guardianship of the Minor Children, April Lee Houseman and James Edward Houseman, II, effective immediately to her. Petitioner, Lode Requena, hereby further respectfully requests that this Honorable Court enter any other such relief that this Court deems just and proper. Date: Respectfully submitted, C .' , .C. By 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 (Attomeys for Petitioner) ,2004 2 IN RE: APRIL LEE HOUSEMAN and JAMES EDWARD HOUSEMAN, II IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION : NO. VERIFICATION I, Lorie Requena, verify that the statements made in the foregoing Petition for Guardianship of Minor Children are tree and correct to the best of my knowledge, information and belief. I understand that any false statements herein made are subject to the penalties of 18 Pa. C.S.A. §4904, relating to unswom falsification to authorities. Lorie Requena Date: ~ ~ O,L~:0JO'L~-~ 2004 GUARDIANSHH' AGREEMENT THIS GUARDIANSHIP AGREEMENT, made and concluded thisc~ day of O/r~Z-~'~'~'t-~ 2004, and between Lode Requena, an adult individual, of l16 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, hereinafter, for purposes of this Guardianship Agreement, referred to as "AUNT." James Houseman and Cindy Houseman, adult individuals, of 17 Glenwood Road, Lot 3, Dillsburg, York County, Pennsylvania, hereinafter, for purposes of this Guardian and Custody Agreement, referred to as the "PARENTS." WITNESSETH: WHEREAS, the PARENTS, maintain sole legal and physical custody of April Lee Houseman, who was bom on September 1, 1987, and James Edward Houseman, II, who was born on June 2, 1988, hereinafter referred to as the "MINOR CH]I,DREN"; WHEREAS, AUNT, Lode Requena, is the maternal aunt of the MINOR CHII.DREN; WHEREAS, PARENTS and AUNT are desirous of providing for the guardianship of the lVflNOR CHll DREN; WHEREAS, PARENTS and AUNT desire to reduce their understandings concerning guardianship of the MINOR CH3LDREN to writing; WHEREAS, it is the intent of PARENTS to place the guardianship of the MINOR CHILDREN with AUNT; WHEREAS, PARENTS and AUNT desire to advance the best interests of the MINOR CHILDREN; WHEREAS, the parties intend this Guardianship Agreement to be a full and complete Guardianship Agreement; and NOW, THEREFORE, for and in consideration of the mutual benefits to be derived by the parties and intending to be legally bound hereby, the parties hereby covenant and agree as follows: 1. GUARDIANSHIP OF MINOR CI~II,I~REN: PARENTS do hereby appoint and nominate Lorie .4~ Requena, the AUNT, as the legal guardian of their MINOR CI-HLDREN, April Lee Houseman and James Edward Houseman, II, following the date of execution of this Agreement. Furthermore, PARENTS hereby give their consent to the guardianship and direct that any court of competent jurisdiction who may be required to approve this guardianship acknowledge their consent to the same. 2. CUSTODY OF MINOR Cml.BREN: PARENTS and AUNT agree that AUNT shall maintain legal and physical custody of the MINOR CHILDREN, April Lee Houseman and James Edward Houseman, 11 to take effect immediately following the date of execution of this Agreement. 3. ENTRY OF COURT ORDER: PARENTS and AUNT agree to the entry of a Court Order of Guardianship in accordance with the terms and provisions of this Guardianship Agreement by a court of competent jurisdiction. 4. MEDICAL RELEASES: AUNT is given the express right to execute any and all medical releases, in the form of consent documents or any other related documents required to be executed on behalf of the MINOR CI-I~DREN, April Lee Houseman and James Edward Houseman, ri, for surgical and medical treatment being necessary by the hospital or treating physician of the MINOR CHILDREN, April Lee Houseman and James Edward Houseman, ri. 5. DOCUMENTS: Each party shall, at the request of the other, execute, acknowledge, and deliver to the other party any documents which may be reasonably necessary to give full force and effect to this Guardianship Agreement. 6. VOLUNTARY EXECUTION AND FAIRNESS OF THE AGREEMENT: Each party acknowledges that this Guardianship Agreement has been entered into by his/her volition, with full knowledge of the facts and full information as to their legal fights and that each believe the Guardianship Agreement to be reasonable under the circumstances and not the result of any direct or undue influence. 7. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them and there are no representations, warranties, covenants, or promises other than those expressly set forth in this Agreement. 8. SITUS: This Guardianship Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 9. INDEPENDENT SEPARATE COVENANTS' It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Guardianship A~reement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Guardianship Agreement and in all other respects this Guardianship Agreement shall be valid and continue in full force, effect and operation. 10. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights and obligations of the parties. 11. BINDING EFFECT: Each of the parties hereto intends to be legaily bound hereby, and this Guardianship Agreement shall be binding upon their heirs, personal representatives and assigns of the respective parties hereto. 12. MOIHFICATION AND WAIVER: Neither this Agreement nor any provision thereof shall be araended or modified, or deemed amended or modified, except by an agreement in writing duly subscribed and acknowledged with the same formality as this Agreement. Any waiver by either party of any provision of this Agreement, or any right or option hereunder shall not be deemed a continuing waiver, and shall not prevent or estop such party fi.om thereafter enforcing such provision, right or option, and the failure of either pa.,~y to insist in any one or more instances upon the strict performance of any of the terms or provisions of this Agreement by the other party, shal/not be construed as a waiver or relinquishment for the future of any such term or provision, but the same shall continue in full force and effect. 13. PA~a/,~~: This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and date first written, each adopting the seal following their signature as their own. LORIE REQUEI~A, AUi~ ' /~ES HOUSEMAN, PARENT C~Y HOU~MAN, PARENT 4 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~L~xa~LLPH~A On this, the e~O~/~ day of d~~ ,2004, before me, a Notary Public, the undersigned officer, personally appeared Lofie Requena, ("AUNT") known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Guardian and Custody A~reement and acknowledged that she executed the same for the purposes therein contained. WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC ! . Notarial So~ J I ~J:iM~ ~: ~Mv.fl, Nota~j Public I J ..~l~ ~ ~U~, Dauphin ~un~ I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CIYMBERLAND On th/s, the ~-~ day of (~'(~P-~t.~ , 2004, before me, a Notary Publ/¢, the undersigned officer, personally satisfactorily proven) to appeared/ames Houseman, ("PARENT") known to me (or be the person whose name is subscribed to the foregoing Guardian and Custody A~reement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. /NOTARY PUBLIC NOTARIAL SEAL Sarah M. Hancock, Notary Public Dillsburg BOro., York County LMY COrem/as/on Expires June 24, 2006 COMMONVgEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the ~.b'--~ day of ~) C.I~~-~-- ,20O4, before me, a Notary Public, the undersigned officer, personally appeared Cindy Houseman, ("PARENT") known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Guardian and Custody Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto se~ my h~0~ and official seal. · -~NOTARY PUBLIC 6 APRIL LEE HOUSEMAN and JAMES EDWARD HOUSEMAN, II : IN THE COURT OF COMMON PLEAS~,/~ n ~6 CUMBERLAND COUNTY, PENNSYLVA~ : ORPHANS COURT DIVISION ORDER AND NOW, this~l~'~day of ~ ,2004, upon review and consideration of the attached Petition for Guardianship of Minor Children and the Guardianship Agreement by the parties, it is hereby ORDERED AND DECREED that: Sole legal and physical custody rights of the Minor Children, April Lee Houseman and James Edward Houseman, II, are hereby modified and guardianship is transferred and entrusted to their maternal aunt, Lode Requena, effective immediately.