HomeMy WebLinkAbout08-05-13 (2) In Re: :IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY,PENNSYLVANIA
Estate of A.Barbara Fogelsanger, : ORPHANS COURT DIVISION __- �.�
Deceased : �; r-, `'�' "4i c`;
: NO: 12- 335 � , : , � -� � j <,�
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Petition for Appointment of Guardian of the Estate Qf���iors�-, -`�� :;r
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TO THE HONORABLE,THE JUDGES OF THE SAID COURT: = + n� ���' ���'
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1. Petitioner is Curtiss Fogelsanger, the Executor of the Estate of A. Barbara
Fogelsanger, Deceased, as appointed by the Register of Wills of Cumberland County at File
Number 12-355.
2. By her Last Will and Testament duly probated to the above term and number, the
Decedent provided in part as follows:
THIRD: I give, devise and bequeath the rest and residue of my estate to
William Fogelsanger, Gerald Fogelsanger, Andrew Fogelsanger and Loretta
Deimler,in equal shares,share and share alike,per stirpes....
3. The said Andrew Fogelsanger predeceased the Decedent being survived by the
following children,all of which are minors:
NAME AGE
Andrew Fogelsanger,Jr. 14
Adam Fogelsanger 12
Jordan Fogelsanger 10
Arianna Fogelsanger 8
Kyle Fogelsanger 6
4. The above-named minors all reside at home with each other and their mother,
Crystal Fogelsanger at 125 Nealy Road,Newville,Cumberland County,Pennsylvania.
5. By virtue of his being one of the issue of Andrew Fogelsanger, Andrew
Fogelsanger,Jr. one of the above-named minors is entitled to certain distributions in connection
with the settlement of the above-mentioned estate,and to protect and preserve the legal rights of
such minor, it is necessary that some proper person be duly appointed guardian of the estate of
said minor.
6. Andrew Fogelsanger,Jr. has no general or testamentary guardian appointed by will,
deed,or otherwise,to the knowledge or belief of Petitioner.
7. Petitioner estimates that Andrew Fogelsanger,Jr. is entitled to receive a distribution
from the above-captioned estate in the amount of approximately $17,500.00.
8. Andrew Fogelsanger,Jr. having attained 14 years of age, has the right to
nominate a guardian of his estate pursuant to 20 Pa.C.S.§5113.
9. Petitioner is unaware of Andrew Fogelsanger, Jr. having made a nomination for a
guardian of his estate.
10. Contemporaneously with the filing of the within Petition, Petitioner has also filed a
petition for the appointment of a guardian of the estate for the other minor heirs.
WHEREFORE, Petitioner respectfully requests that notice be issued to Andrew
Fogelsanger to make such nomination of a guardian of his estate, and if he fails to do so,
guardian may nevertheless be appointed.
Respectfully submitted,
Frey &Tiley,
Attorneys for Plaintiff
By:
Robert G. Frey,Esquire
Supreme Court Number 463
5 South Hanover Street
Carlisle,Pennsylvania 17013
(717) 243-5838
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn
falsification to authorities.
Dated: May �� ,2013
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Curtiss Fogelsanger
In Re: :IN THE COURT OF COMMON PLEAS OF
� :CUMBERLAND COUNTY,PENNSYLVANIA
Estate of A.Barbara Fogelsanger, : ORPHANS COURT DIVISION
Deceased :
: NO: 12- 335
AFFIDAVIT BY PARENT CONSENTING TO MINOR'S NOMINATION
OF GUARDIAN OF ESTATE
I,Andrew Fogelsanger,a minor,resident of Cumberland County,Commonwealth of
Pennsylvania,am 14 years of age and pursuant to20 Pa.C.S. §5113,hereby nominate
,a resident of Cumberland County,Pennsylvania,to
be appointed the guardian of my estate in connection with the distribution to which I am entitled
pursuant to the last will and testament of A Barbara Fogelsanger—That the named guardian be
so appointed.
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn
falsification to authoriries.
Dated: ,2013
Andrew Fogelsanger
In Re: :IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY,PENNSYLVANIA
Estate of A.Barbara Fogelsanger, : ORPHANS COURT DIVISION
Deceased .
: NO: 12- 335
AFFIDAVIT BY PARENT CONSENTING TO MINOR'S NOMINATION
OF GUARDIAN OF ESTATE
Crystal Fogelsanger, being duly sworn,deposes and says:
1. That the deponent resides at 125 Neely Rd.,Shippensburg,Cumberland County,
Pennsylvania.
2. That the deponent is the mother of Andrew Fogelanger,a minor,who has
nominated for himself as guardian of his estate in connection with the distribution to which she is
entitled pursuant to the last will and testament of A. Barbara Fogelsanger.
3. At the father of such minor is deceased.
4. That Andrew Fogelsanger is a minor over the age of 14 years and is entitled to a
distribution pursuant to the last will and testament of A.Barbara Fogelsanger.
5. That the deponent has knowledge of and approves the nomination by the minor of
as guardian of the estate of the above-named minor.
6. At the deponent has no interest whatsoever in this proceeding adverse to that of
the said minor.
7. That the department has not in any manner influenced such minor in the choice of
as guardian of the estate.
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn
falsification to authorities.
Dated: ,2013
r
Crystal Fogelsanger
In Re: :IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY,PENNSYLVANIA
Estate of A.Barbara Fogelsanger, : ORPHANS COURT DIVISION
Deceased .
: NO: 12-335
CONSENT AND STATEMENT OF GUARDIAN
1. I have read the annexed petition and do hereby consent to the appointment as
guardian of the estate of the minor.
2. I am a citizen of the United States of America and I am able to speak,read and
write the English language.
3. I do not live in the same household as the minor and it is not my intention to
apply for allowance for the support for education of the minor during minority.
4. I am currently the Executor of the Estate of A. Barbara Fogelsanger in which the
minors have a beneficial interest. After the disbursement from the estate as set forth in the
annexed Petition, I will not be the fiduciary or an officer ar employee of a corporate fiduciary of
in the estate in which any of the minors have an interest or the surety or an officer or employee of
the corporate surety of such a fiduciary and I have no interest adverse to the minors.
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa.C. S.A. § 4904 relating to unsworn
falsification to authorities.
,
Dated: � ,2013
�
Curtiss Fogelsange
I verify that the statements made herein are true and correct and understand that false
statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn
falsification to authorities.
Dated: May � o ,2013
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Curtiss Fogelsanger