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Home My WebLink About01-28-05 IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NICOLE E. MURRAY, a minor : ORPHANS COURT DIVISION : NOcQl- os- -()Oi3 : GUARDIANSHIP-MINOR '" ~ PETITION FOR ApPOINTMENT OF .~ '--'I ='"J i~'l . :> TEMPORARY GUARDIAN --"; . ) ('J - -~.,~ NOW comes petitioner, Gloria J. Kautz, by her attorney, Harold S. Irwin, III, Esquire, : . --j ,.' . ;--1 and presents this petition for appointment of temporary guardian over Nicole E. Murray, a minor, representing as follows: 1. Petitioner is GLORIA J. KAUTZ, an adult individual residing at 138 North Middlesex Road, Carlisle, Cumberland County, Pennsylvania 17013. Petitioner is a maternal aunt of the minor child. 2. The minor child is NICOLE E. MURRAY, born October 24, 1988 (age 16 years), residing at 10 Meadowbrook Court, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The minor's father, John Murray, died in 2000. Her mother, Deanna Murray, died on January 5, 2005. All of the minor's grandparents are also deceased. 4 The following persons are the minor's next-of-kin: Angela Fickes (a half sister with whom the minor now resides), Steve Wolaver, Jr. (a half brother) and Amanda Murray (a half sister). 5. Petitioner has no knowledge of any other Court within this Commonwealth which has appointed a guardian for the minor. ;r 6. Prior to the death of the minor's rnother, the child resided with her mother at 33 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025 and attended tenth grade in Cumberland Valley School District. 7. The minor is incapable of caring for her own basic needs, both in her personal finances and physical needs. She has no assets and no income, except as follows: A. A trust given to the minor by her aunt, Agnes Ponte, containing approximately $800.00 and presently being held and managed by the petitioner; and B. Social security income by virtue of her father's death in 2000. 8. Petitioner and the child's half brother, Steve Wolaver, Jr., believe and therefore aver that the child's present living conditions with her half sister, Angela Fickes, are detrimental to the child's health and welfare. 9. Petitioner has no interest adverse to the minor and has agreed to act as guardian if this Honorable Court shall so appoint. Petitioner has known the child all her life and though she has not had significant contact with the child in recent years, believes and therefore avers that the best interests and permanent welfare of the child require that petitioner be appointed the child's guardian until such time as the child attains the age of eighteen years. 10. The child's half brother's consent to this arrangement is incorporated herein by reference and attached hereto as Exhibit "A'. The consent of the proposed guardian is incorporated herein by reference and attached hereto as Exhibit "B". 11. 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 child may be considered, with notice thereof to be given to such persons as this Court may direct. Petitioner further requests that a guardian ad litem be appointed to act for the alleged incapacitated person regarding any necessary hearings. Finally, due to the emergency and immediate needs of the child, petitioner requests that she be appointed temporary guardian pending a final hearing on this matter. -------- January 19, 2005 HAROLD S. IRWIN, 11/ Attorney for petitioners 64 South Pitt Street Carlisle, PA 17013 717 -243-6090 Supreme Court ID No. 29920 VERIFICA TION I, GLORIA J. KAUTZ, petitioner in this matter, do hereby depose and state that the facts contained in the foregoing petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa,C,SA Section 4094, relating to unsworn falsification to authorities, January 19, 2005 &~~ GLORIA J. U IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NICOLE E. MURRAY, a minor : ORPHANS COURT DIVISION : NO. : GUARDIANSHIP.MINOR CONSENT OF PROPOSED GUARDIAN I, Gloria J. Kautz, do hereby certify that I am willing to act as the temporary guardian of the person and estate of Nicole E, Murray, if the Court shall so appoint me. Further, I do hereby certify that I am 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. G~.a~ Sworn to and subscribed before me this /97"l, day of P/lU "'7 ,2005. -->' NOTARiAl SEAL HAROLO S, IRWIN, Ill, NOTARY PUBLIC CARLISLE BOROUGH, COUlffi' OF CUMBERLAND MY COMMISSION EXPIRES OCTOBER 22, 2006 - bH,I/OJ) ,;164 IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NICOLE E. MURRAY, a minor : ORPHANS COURT DIVISION : NO. : GUARDIANSHIP-MINOR I, Steve Wolaver, Jr., do hereby certify that I currently reside at 205 Parkstream Circle, West Columbia, South Carolina 29170, I am the older half brother of the minor child, Nicole E, Murray. I agree that the living conditions of the child while she is residing with Angela Fickes are detrimental to her health and welfare. I believe that it is necessary for a temporary guardian to be appointed to care for and make important decisions for the child. I therefore give my consent and agreement that our aunt, Gloria J, Kautz, be appointed guardian of Nicole E. Murray. Further, I do hereby certify that I am 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, -ro=r /Z~~ . I ~ ~ 0 -"'~------ STEVE W'OLAVER, JR. Sworn to and subscribed before me this '2LJ .,.., day 0 '/oII\;UAj' 2005. - NOTARiAl SEAL HAROLO S. IRWlN, III, NOTARY PUBLIC ~ARLISLE BOROUGH, COUN1Y OF CUMBERLAND MY COMMISSION EXPIRES OCTOBER 22, 2006 IN THE MATTER OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NICOLE E. MURRAY, a minor : ORPHANS COURT DIVISION : NO.;( /-05-- ()<j"l3 : GUARDIANSHIP-MINOR PRELIMINARY ORDER NOW, this },;;;:{L day of J) it , 2005, upon motion of Harold S, Irwin, III, Esquire, and upon consideration of the attached petition, a rule is issued upon Nicole E. Murray to show cause why a guardian of her person and estate should not be appointed. A hearing on this matter shall be held in Courtroom No, L of the Cumberland County Courthouse, on '-/ntJ.A.C'/i.- ,}. , 2005, at f: .30 o'clock to-.m, Petitioner is appointed temporary guardian of Nicole E. Murray pending a final ruling by the Court following the hearing. .- days notice of the hearing shall be given to the next-of-kin At least ') listed in the petition by personal service or by regular and certified mail. By the Court, :~ :,.-/', ! I- I v l.--, k ~/ ~/ / v ! ) J. i , !) l----. \JA~ -31, ~OD5: r\lcul~L -Q\ ~LU\j~{v(A~ibt ~ld jiu-uu ~ULi} ~ik, p~blAdJ.cl (111i~ ~