HomeMy WebLinkAbout02-12-14 . IN THE COURT OF COMMON PLEAS
. CUMBERLAND COUNT�PA ';'
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In Re: The Estate of . NO. ��' ���013� �' � " � `'r' ���
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MADISON E. FOSTER, a minor . x�. � `-'p � ;µ.�, ��_+
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PETITION FOR APPOINTMENT OF GUARDIANSHIP
AND NOW, come the Petitioners, Michelle J. and Eric T. Huth, by and through their
attorney, Barbara Sumple-Sullivan, Esquire and file this Petition for Appointment of
Guardianship and in support thereof aver as follows:
1. The minor child at issue is Madison Elizabeth Foster, born September 11, 2006.
She currently resides at the Milton Hershey School, 801 Spartan Lane, Hershey, Pennsylvania
17033.
2. Petitioners are Michelle J. and Eric T. Huth, who reside in Cumberland County,
Pennsylvania. Petitioners are hereinafter referred to as"Huths." Huths seek appointment as
Guardians of the person of the minor child, Madison Elizabeth Foster. Huths are close family
friends of the minor child and have a long existing and ongoing relationship with the minor
child. For reasons which will become apparent, disclosure of their actual address and work
addresses will be confidentially provided separately to the court.
3. Respondent is Charles J. Foster(Hereinafter"Foster"). Foster is the natural father
of the minor child. It is believed that the last contact he had with the child was in or about
December, 2012. Foster left that state during investigation of criminal activity and it is believed
he traveled to Eau Claire, Wisconsin.
4. Co-Respondent Loren Shumaker(Hereinafter Shumaker) is the natural mother of
the minor child. She is residing at 205 South York Street, Apartment B, Mechanicsburg,
Pennsylvania. She has had no contact with the child in excess of three (3) years.
5. Judith Ingram (hereinafter"Ingram")was the paternal grandmother of Madison
Elizabeth Foster. Ingram died on January 24, 2014.
6. Ingram had sole legal and physical custody of the minor child at issue, by an
Order of Court, dated December 31, 2012 filed in Cumberland County, at docket 2012-7673. A
copy of the Order is attached as Exhibit A. This Order was entered as the result of consent and
by stipulation with the natural parents, Foster and Shumaker.
7. The custody order was secured by Ingram, who had been functioning as guardian
for on Madison's behalf for the Milton Hershey School requirements, prior to the departure of
Foster from the Commonwealth of Pennsylvania.
8. Appointment of a guardian of the person for the child is necessary due to the
death of her physical and legal custodian, Ingram.
9. Neither Foster nor Shumaker have expressed any interest in or made any contact
with the minor child.
10. Due to the death of Ingram, the Milton Hershey School requires a legal guardian
be appointed for the child.
11. The Huths were long term personal friends of Ingram and have a longstanding
relationship with the child at issue. The child has spent overnights away from the Milton
Hershey School and other custodial times with the Huths during Ingram's illness.
�
12. The Huths were appointed as standby guardians for Ingram's son, Maxwell James
Foster, pursuant to an Order signed by Judge Ebert on March 22, 2013, docketed at Cumberland
County 2012-7673. A copy of the Order is attached as Exhibit B.
13. M�well James Foster was born August 26, 2004. Like Madison, Maxwell is one
of the six natural children of Foster. Maxwell had been adopted by his paternal grandparents.
He and his half sibling, Madison, have a close relationship.
14. In her capacity as sole legal custodian of Madison, Ingram granted the Huths in
loco parentis status to serve as Madison's guardians in paragraph 4.9 of her last Will and
Testament. That paragraph provides in pertinent part:
4.9 It is my strong preference that Charles Judson Foster not serve as the
Guardian of the persons of Maxwell or Madison notwithstanding that he is their
biological father. Charles suffers from severe bipolar disorder and can suffer
extreme personality swings and is occasionally violent, both of which have
contributed to his arrest record. Therefore, I appoint Michelle Huth and Eric Huth
as guardians of the persons of Maxwell and Madison. If either one of them is
unable or unwilling to act or continue to act, for any reason whatsoever, the
vacancy shall not be filled and the other then serving guardian of the person of
each my minor children shall serve as sole guardian. At the time of the execution
of this Will, I have legal custody of Madison. In that capacity, I permanently
grant loco parentis status to the Huths to serve as her continued legal guardian...
A full copy of Articles three and four of Ingram's will are attached hereto as Exhibit C.
Ingram's Will has been duly probated in the Court of Common Pleas of Cumberland
County, Register of Wills Office to Estate No. 21-2014-0098.
15. Foster has in the past been threatening to Ingram and to other family members
which has resulted in the Huths' present concerns regarding disclosing their current address or
place of business and their reluctance to record their personal information publicly of record.
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16. The Religious persuasion of the natural parents is unknown or non-existent. The
Huths believe that Foster was raised Methodist as a child of Ingram. The Huths have a strong
religious commitment through active practice of the Lutheran religion. While working part time
in order to be with her own children (which children are similar in age to Madison and Maxwell)
Michelle Huth serves as Director of Theological Education with Youth and she serves as
Director of Youth Ministry Certification School and Co-Director of Project Connect,which
connects young adults with ministry vocation discernment. Eric Huth is employed in a
professional capacity as Vice President and Chief Operating Officer for a local engineering firm
and has enjoyed long term stable employment.
17. The Huths hereby seek to affirm the clear wish and the testamentary guardianship
granted to them by Ingram as Madison's sole legal and physical custodian. Their consents are
attached hereto as Exhibit D and E.
18. The consent of the appointment by Shumaker is attached hereto as Exhibit F.
19. Given the lack of contact between the Foster and the Child and the lack of his
known address, no consent has been obtained from Foster for the Huths petition.
20. In light of the grant of loco parentis status to the Huths by Ingram, the clearly
exhibited lack of desire on the part of the natural parents to their parental obligations, the interest
in consistency in the child's life and geographic location, the necessity of an appointment so that
the child can continue to attend the Milton Hershey School, and the interest in consistency in the
child's relationship with Maxwell James Foster, it is in the best interest and permanent welfare of
the child to grant the relief requested.
WHEREFORE, Petitioners respectfully request this Court enter the above Order and
appoint them as Guardians of Madison Elizabeth Foster.
Respect�ull ubmitte
Date: February 11, 2014
.�'Barbara Sumple-Sullivan, Esquire
549 Bridge Street
New Cumberland, PA 17070-1931
(717) 774-1445
Supreme Court I.D. 32317
Attorney for Petitioners
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Exhibit A
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. �
Barbara Sumple-Sullivan,Esquire
Supreme Court#32317
549 Bridge Street
New Cumberland,PA 17070
(717�774-1445
JUDITH A. INGRAM, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION - CUSTODY
CHARLES J. FOSTER and : ���J,�\
_ LOREN SHUMAKER, : NO. '�-����
Defendants :
ORDER ADOPTING STIPULATION OF PARTIES
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AN NOW, o ,th s,�day of . O 1 ,upon considerat�on of the attached
Stipulation and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Judith A.
Ingram, and Defendants, Charles J. Foster and Loren Shumaker, pro se, it is hereby ordered,
adjudged and decreed that the terms, conditions and provisions of the attached Stipulation are
adopted as an Order of Court.
BY THE COURT,
J. ��.
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Ms. Barbara Sumple-Sullivan,Esquire '"��' `''' �-:-..
549 Bridge Street,New Cumberland,PA 17050 z� � ��_
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Mr.Charles J.Foster �y7 N =_:.. �
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418 Hummel Avenue,Lemoyne,PA 17043 1'}��� Cty�Y Fp,��,� P�r^TM� �� � -w-.�,,
In Testimony whereof, i here un+.c set n-,y n�nd �rT� ��^�
Ms. Loren Shumaker and the seal of said Court at Carlisle, Pa, �� � � ^
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205 South York Street,Apt. B,Mechanicsburg,PA 17055 This� da y of c._�'_-�Y� � ��?� '�
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BarbaraSumple-Sullivan,Esquire
Supreme Court#32317
549 Bridge Street
New Cunberland,PA 17070
(717) 7 i�-1445
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JUDITH A. INGR.AM, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: � �, ,�-�
v. : CIVIL ACTION- CUSTODY � � �
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CHARLES J. FOSTER and : n� ' �� � ��
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LOREN SHUMAKER, : NO. ' v�-�1p1� - -��'� �' ��'
Defendants : `� �� -�:�
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STIPULATION FOR ENTRY OF CUSTODY ORDER -� � �
This Agreement is made this ����� day of �t�_�,�r-�•C�;,�;� 2012, by and between
Judith A. Ingram (hereinafter referred to as "Paternal Grandmother"), Charles J. Foster
(hereinafter referred to as "Father") and Loren Shumaker (hereinafter refened to as "Mother").
WITNESSETH:
WHEREAS, Father and Mother are the natural parents of Madison Elizabeth Foster, a
minor born September 11, 2006; _
WHEREAS, since the child was two years old, Paternal Grandmother has been involved in
the care of Madison with both Father's and Mother's consent, including regularly being the
residence for the child and being a significant source of emotional and educational support and
other assistance for Madison;
� ,
WHEREAS, it is the desire of Mother and Father that sole legal and physical custody of
Madison be with her Paternal Grandmother;
WHEREAS, the parties have mutually pledged their desire to work togetfier in the best
interest of Madison and to work to effectuate the best living and nurturing environment for her;
WHEREAS,Mother,Father and the Paternal Grandmother have mutually agreed that it will
be in the best interest of the child to be in the physical custody and care of the Paternal
Grandmother outside of times of her continued enrollment at the Milton Hershey School and desire
the Court to provide an Order confirming this arrangement;
WHEREAS, all parties recognize that the following custodial arrangement will be entered
as an Order of Court;
WHEREAS, all parties acknowledge that this custodial plan can be modified by filing a
Petition to Modify the Court's Order in the future as may be deemed to be in the best interest of
Madison; and
NOW THEREFORE, the parties intending to be legally bound, do agree as follows:
1. Legal Custody. The parties agree that legal custody of the child,Madison Elizabeth
Foster, will be with the Paternal Grandmother, Judith A. Ingram. The parties agree
that major decisions concerning the child, including, but not necessarily lirr�ited to,
her health, welfare, education,religious training and upbringing shall be made by the
Paternal Grandmother. Paternal Grandmother shall give notice to the parents of
significant events of concern related to the child.
.
2. Physical Custodv. Physical custody of Madison shal.l be with Paternal
Grandmother, Judith A. Ingram. Visitation with the natural parents shall be as can
be mutually arranged.
3. Enumerated Offenses. No party is charged with or has been convicted of an
offense enumerated in 23 Pa. C.S. Sec. 5329 or an equivalent offense in another
jurisdiction.
4. Relocation of a Partv. A relocation is defined as a change in residence of the
child which significantly impairs the ability of a non-relocating party to exercise
custodial rights pursuant to 23 Pa.C.S. §5322. No relocation shall occur unless
every individual who has custody rights to the child consents to the proposed
relocation or the court approves the proposed relocation. If a party seeks to
relocate, that pariy shall notify every other individual who has custody rights to
the child. The Paternal Grandmother must follow the statutory requirements
contained in 23 Pa.C.S. §5337. Specifically, the Paternal Grandmother must
notify the natural parents by certified mail, return receipt requested. The notice
must then comply with the following requirements:
Notice must be sent no later than:
(1) the 60th day before the date of the proposed relocation; or
(2) the 10�'day after the date that the individual knows of the relocation if the
individual did not know and could not reasonably know of the relocation in
sufficient time to comply with the sixty day notice requirement and it is not
reasonably possible to delay the date of relocation so as to comply with the sixty
day requirement.
Unless otherwise excused by law, the following information must be included in
the notice:
(1) The address of the intended new residence.
(2) The mailing address, if not the same as the address of the intended new
residence.
(3) Names and ages of the individuals in the new residence, including
individuals who intend to live in the new residence.
(4) The home telephone number of the intended new residence; if applicable.
(5) The name of the new school district and school.
,
(6} The date of the proposed relocation.
(7) The reasons for the proposed relocation.
(8) A proposal for.a revised custody schedule.
(9) Any other information which the party proposing the relocation deems
appropriate.
(10) A counter-affidavit as provided under subsection (d)(I) which can be used
to object to the proposed relocation and modification of a custody order.
A warning to the non-relocating party that if the non-relocating party does not file
with the court an objection to the proposed relocation within thirty(30)days after receipt of
notice,that party �hail lae foreclosed from objec;ting to the relocation_
IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering into
this Agreement with ths full knowledge that this Agreement shall be entered as a Court Order with
the same force and effect as if a full hearing on this matter has been held.
��GNED, �E�iI,ED �T�tD�ELIVE��I3
�IV THE PRESENCE �7F:
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ti'Vitne ��T]DITH A. IN�GRAIVI
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Witnes CHARLES J. FOST��
�L�C.�.c/�:�G�C�Oj � �
itness LO`12EN SHLTMAKER
' \ . .
COMMONWEALTH OF PENNSYLVANIA :
: SS. -
GQUNTY QF CLINIBERLAND
Before me, the undersi�ned ofticer, a Notary Public in and for said Commonwealth and
Caunty, personally appeared Judith A. Ingram, who being duly affirmed according to law,
deposes and says that the facts and matter set forth in the within and foregoin� Stipulation are
true and correct to the best ofherknowl'ed'ge, information and �el'ief.
Affirmed and subscribed to before me this�day of December, 2012.
NOTAR PUBLIC COMhiONWEALTH OF PEIVNSYLVRNIA
Notarial Seal
My commission expires: ��t.� a 7, a U�`( (SEAL) aetsy a.Barnhart,r�ota�y Pubiic
Penbrook Boro,Dauphin County
h1y Commisslon Expires 7an.27,2Q34
COMA/IONWEALTH OF PENNSYLVANIA ; �?�'�r,��er ?ennsv���ania Ass�ciation o�Noiaries
: S�'J.
GQUNTY OF� I��r l�,,,��
Before me, the undersigned ofticer, a 1Votary Public in and for said Commonwealth and
County, personally appeared Cl��rles J. Foster, who being duly affirmed according to law,
deposes and says that the facts and matter set forth in the within and foregoing Stipulation �re
trLte and eorrect to the best ofliis kno�vl'ed'ge, information and'�elief
Affirmed and subscribed to before me this I 3 day of December, 2012.
NOTAR PUBLIC ����,�rJW�hotariaOl SeaENAlSYtV,�f'dI.A
My comm�ssion eYpires:J�� ?-7 2 v� � SEAL ae� A•sarnhap,Notaiy Publl�
� L � � Penbrook Boro, auphin Counb
� P�y Commissiori Expires Jan.Z7,2014
COMMONWEALTH OF PENNSYLVANIA : yternber,PennsYlvania Assxiation of Ploiaries
: SS.
CQUNTY QF �,�.., ��a� dI _
Before me, the wldersigned ofhcer, a Notary Public in and for said Comrnonwealth and
Cotulty,personally appeared Loren Shumaker, who being duly affirmed according to law,
de�oses and says that the facts and matter set forth in the within and foregoing Stipulation are
true anci'correct to the best of I�er knativled'ge, information and belief.
_ A irmed and subscri ed to before me ihis (8' day of December, 2012.
-- -- �—
NOTAR PUBLIC
CQ�lMOPlWEALTH OF P�NNSYW�NIA
/ 1 Rotarial Seai
My commission expires: �SEAL� Qe�Y q,parnhart,hlotar�Publ�c
J�,� � `�I a0� � perbrook 6oro,Uau���in Couni�/
I hP/Comml=slon Expires:an.27,?014
1�-------____----.
,�q,.i�i,Fr.°anns�l�:ari'•a Assoaat+on of Plotaries
,
Exhibit B
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JAMES H. FOSTER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. �3 ' �3� � CIVIL TERM
: CIVIL ACTION - LAW
JUDITH A. INGRAM, :
Defendant : IN C-t}S�9�Y
ORDER OF COURT
h� nA
AND NOW, this 'Z � day of ►"� ar �� , 2013, upon review and
consideration of the attached Petition for Approval of a Designation it is ORDERED and
decreed that the Petitioner's Legai Guardianship Agreement is approved. Notice of the
entry of this Order shall be provided to Petitioner, Respondent and the Standby Guardians
by Petitioner's Counsei.
By the Court,
J. -
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cc: Marylou Matas, Esquire �r ,-,,, �c�
Attorney for Petitioner �� �= —;.�-�
Barbara Sumple-Sullivan, Esquire �c3 -o �=+�-:-;
Attorney for Respondent �� � �°�J��,
Michelle and Eric Huth ��� •• _
902 Charles Street '�° `j-
-,
Law Offices of Mechanicsburg, PA 17055 � ��� -'
�a.1C�1S
Sullivan
& Rogers �;.t=�� ���r ��o�,� ������
26 Wesc High Streec
Cadi5le,PA 17013 in Testimony+rohereof, I here unto set my hand
and the se�l of said Court at Carlisie, Pa.
This ��.� day of ����'-� ,"? �-3
�fOthUl"i0:<11 V
���/1�LG.. !l- �--cC�� L�
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JAMES H. FOSTER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
. ct
C'� N —r,
v. : NO. �3 - /�ag CIVIL TERM 3 ° --�
• CIVIL ACTION ,LAW ,',-r,,°� �e �_��
JUDITH A. INGRAM, : �� � �.�n-+
Defendant : IN CUSTOD'Y �p �, 3c.'�o
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PETITION FOR APPROVAL OF A DESIGNATION �` rv �::,
PURSUANT TO 23 PA.C.S.A. §5612 -'= "" - �
AND NOW, comes the Petitioner, James H. Foster, by and through his attorney, Marylou
Matas, Esquire of the firm Saidis, Sullivan & Rogers and files this Petition for Approvai of a
Designation under 23 Pa.C.S.A.§5611 and in support thereof avers as follows:
1. Petitioner is James H. Foster, currently residing at 400 Elmwood Avenue,
Mechanicsburg, Cumberland County, Pennsytvania. Petitioner is hereinafter referred to as
"Father."
2. Resp�ndent is Judith A. Ingram, represented by Barbara Sumple-Sullivan,
Esquire and currentiy residing at 322 Wister Circle, Mechanicsburg, Cumberland County,
,'
Pennsylvania. Respondent is hereinafter referred to as "Mother."
3. Prospective Standby Guardians are Michelle and Eric Huth, currently residing at
902 Charies Street, Mechanicsburg, Cumberland County, Pennsylvania.
4. Petitioner is the adoptive father and Respondent is the adoptive mother of the
a��Offices of minor chiid at issue: Maxwell James Foster, born September 26, 2004.
�a,idis 5. Michelle and Eric Huth are personal friends of Father and Mother and have a
ullivan
Roge�'s �ongstanding relationship with the child at issue.
Uesr High Street
a�sie,1'A 17013 6. On February 2, 2013, Petitioner and Respondent executed a Legal Guardianship
Agreement granting Standby Guardians the authority to take temporary care and legal
guardianship of the minor child. The potential Standby Guardians executed said agreement
on February 6, 2013. This Agreement is attached and incorporated herein as Exhibit A.
7. The grant of temporary authority is to begin upon the death of Respondent.
8. The purpose of the temporary authority is to aliow the child to enter into the care
of the Standby Guardians upon the death of his Mothar and to aliow the Standby Guardians
to obtain medicai insurance for the child upon the death of his Mother.
� 9. The parties desire that the child be adopted by the Standby Guardians after the
death of Mother, provided that an Agreement pursuant to 23 Pa. C.S.A. §2731 has been
executed by the Father and Standby Guardians to maintain his contact with the child.
10. All parties to the Agreement desire and �onsent to the attached Guardianship
Agreement being approved by the Court without a hearing.
11. Respondent is currently undergoing medical treatment.
12. Notice of the filing of this Petition has beEn provided to all parties. Resp�ndent
and the Siandby Guardians consenf to the filing and the request '
�
13. No Judge has previously been assigned to this matter. '�
WHEREFORE, Petitioner respectfully requests this Court enter the above Order and
approve the Legal Guardianship Agreement.
Respectfully Submitted,
SAIDIS, S�JLLIVAN & ROGERS
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' i� �' ,' 'f�l �r il C:c'.
a.�,Offices of Marl lou M tas, Esquire
Sa,itiis Attorney I�D�No. 84919
ullivan 26 West High Street
Ro ers Carlisle, PA 17013
g (717) 2�3-6222
Vesr High Streer Attorney for Petitioner
-lisle,PA 17013
1
JAMES H. FOSTER, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. CIVIL TERM ,
: CIVIL ACTIC�N — LAW
JUDITH A. INGRAM, :
Defendant : IN CU.STODY
VERIFICATION
I verify that the statements made in the forPgoing document are true and
correct. I unders:and that false statements herei;� arP made subject ta the penalties
of 18 Pa. C.S. §4904, relating to unsworn falsifiication� to authoritiES.
�
Date: � _ � _ � � /� James H. Foster
�aw�Offices of
��.1Q�1S
�ullavan
. Rogers
West High Screet
rlisle,PA 17013
. `, �, _
L�GAL GUARDIANSHIP
Judith Anne Ingram and James Hoiner Foster are the adoptive parents of M�well James
Foster, born August 26, 2004. Ms. Ingram and Mr. Foster legally adopted flie child in 2007 and
are considered his biological parents. A copy of flie adoption certificate is attached hereto and
incorporated hel•ein by reference as Exhibit A.
The undersigned parents, Judith Anne Inbram and James Homer Foster, of
Mechanicsburg, Cumberland County, Pennsylvania, hereby grant Michelle and Eric Huth,
personal.friends, botl� of 902 Charles Street,Mechanicsburg, Cumberland County,Pennsylvania,
aufliority to take temporary care and legal gi.iardianship of the following child:
Maxwell James Foster, bom August 26, 2004
i
This grant of temporary authority sha11 begin upon the death of Judith Anne Ingram, and '
will remain in effect until the final adoption of the child by Michelle and Eric Huth. Upon the
death of Judith Anne Ingram, it is the intention of James Homer Foster to eaecute a Consent to
the Termination of his Parental Rights so that Michelle and Eric Huth may file a Petition for
Adoption of Maxwell James Foster,provided that an Agreernent pursuant to 23 Pa.C.S.A. §2731,
et seq. is executed between the parties and signed by the Court, to provide for continuing contact
between James Homer Foster and Maxwell James Foster after a final adoption is approved.
The above caretakers, Michelle and Eric Huth, shall have the following powers upon
their grant of temporar}� authority:
l, The power to seek appropriate medical treatment or attention on behalf of
the child as may be required by the circumstances, including but not limited to
medical doctor and/or hospital visits;
. ,, �
2. The power to autliorize medica] treatment or medica] procedures in an
ernergency situation;
3. Tl�e power to make appropriate decisions regarding clothing, bodily
nourislunent, and shelter;
4. The authorit}�to travel with the child with my permission, around the state
and out of state.
5. The authority to eru-oll the child in any school and educational facility as
may be necessary for his general welfare, and which shall include but not be
limited to, tlie authority to pick up the child from 511CI1 facility, and sign all
documents for the child's benefit at such facility.
By tlus designation, the parents are granting Michelle and Eric Huth the authority to act '
in the event of the death of Judith Anne Ingram as guardian of the cluld. In the event of the
death of both Judith Anne Ingram and the standby b ardians, James Homer Foster is nominated
as the alternate standby guardian to assume the duties of the standby guardian named herein in
the event the standby guardian is unable or unwilling to act as standby guardian.
If the parents have indicated more than one fxiggering event, it is their intent that the
triggering event which occurs first shall talce precedence, If tlie parents have indicated "my
death" as .the triggering event, it is their intent that the person named in the designation to be
standby guardian for•the minor child in the event of"my death"shall be appointed as guardian of
our minor child upon death.
f � , ;�_.
,
It is the undersigned bi�logicaUadoptive parents' intention to retain full parental rights
and to retain flie authority to revolce standby guardianship if they so choose. This designation is
made after carefii] reflection and consideration, while of sound mind.
The parents, Judith Anne Ingram and James Homer Foster,hereb}�revoke al] former wills
a.nd codicils to the extent that there is a conflict between those formerly executed documents and
this,my duly executed standby guardian designation.
Date: � r� � ' G-
ITH ANNE ING M,Parent
Date: 0 .� v . ���—
JA S H�MER FOSTER,Parent
Date: O� � �� � j
�� itness '
,
a g- S� C� � Ln
Witness's Stt•eet Ad -ess
I�,�L ( �I� /�.�- !�►�
City, State,Zip ode
Date: �� � �� � U U/t,�-�"/
� Wiriless
q �- S. �i
Wit�iess's Street Addres
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City, State, Zi ode
. i ,
We, Michelle and Eric Huth, hereby accept our nomination as standby guardians of
Maawell Ja.mes Foster. We understand our rights and responsibilities toward the minor c}�ild
natned above will become effective upon the occurrence of the above-stated triggering event or
events. We further understand that in order to continue caring for the child, we must file a
petition with the court witlun GO days of the occurrence of the death of Judith Anne Ingram,
under Pennsylvania Statute, 23 Pa.C.S.A. §5611.
Date: ��� /� C/���C-���'��-'" /���/7
IvIICHEI.,L�HUT�i, Guardian
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ERIC HUTH, Guardian
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Witness I
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Exhibit C
, ;
LAST WILL AND TESTAMENT
O� ��� �� f�� ��•f�4
N i
JUDITH A. INGRAM '�� -!,,� �,s ;:'
I, JUDITH A. INGRAM, of Mechanicsburg, Cumberland County, Pennsylvania, make
this Will, hereby revoking all my former Wilis and Codicils.
ARTICLE ONE
TANGIBLE PERSONAL PROPERTY
§ 1.1 I bequeath all my tangible personal property, including by way of illustration but
not by way of limitation, my household furniture and furnishings, paintings, books, automobiles,
jewelry and personal effects, exciusive of any such property used in a trade or business, in
accordance with the terms of a signed and dated memorandum I may prepare. If no such
memorandum is received or located by my Executor within sixty (60) days after being appointed
as such, after a reasonable search for such memorandum, my Executor shall be held harmless
for distributing such assets as hereafter provided. I bequeath any such property not disposed of
by such memorandum, or all of such property if no such memorandum is so received or located,
to Darnell James Foster ("Darnell"), Maxwell James Foster ("Maxwell") and Madison
Elizabeth Foster ("Madison"), living at my death, to be divided among them in as nearly equal
shares as possible. Such assets shall be held by Darnell in my residence which I am
bequeathing to him, for him to divide at such time as he deems appropriate. In the event of
irreconcilable disagreement among them, they shall take alternate turns selecting individual
items with the oldest making the first selection. To the extent practicable in the Executor's sole
discretion, I bequeath any policies of insurance on such property to the beneficiary entitled to
such property. I direct that the expenses of storing, packing, shipping, insuring and delivering
§ 2.1.3 I authorize the trustee, in its complete discretion, to make
emergency distributions of principal to Darnell for his health, maintenance and
welfare, but only if Maxwell and Madison are being adequately provided for
hereunder.
§ 2.1.4 When Maxwell has reached the age of twenty-five (25) years, or
at his prior demise, this trust shall first distribute the sum of Two Hundred Fifty
Thousand Dollars ($250,000.00) to Madison, to be held in trust for her pursuant
to the terms of Article Three, and the remainder shall be divided into equal
shares for each of Maxwell and Darnell, per stirpes, and held in trust for each of
them pursuant to the terms of Article Three below, subject to the proviso that ;
there sha�� be no distributions of principal until the beneficiary in question has had �
no arrest record during the previous ten (10) years. '
ARTICLE THREE
TRUST FOR BENEFICIARY UNDER 35 YEARS OF AGE
§ 3.1 Except as otherwise may be provided in this Will, if any beneficiary is entitled to
receive a mandatory distribution of property from my estate or from any trust created by this Will
and is under thirty-five (35) years of age, I devise and bequeath such property to my Trustee,
herein named, or l direct that such property be held by my Trustee in continued trust, as the
case may be, for the benefit of such beneficiary, in trust, in accordance with the following
provisions of this Article Four:
§ 3.1.1 While each such beneficiary is under twenty-five (25) years of
age, the Trustee shall hold, manage, invest and reinvest the trust property, shall
collect the income thereof and shall apply to or for the benefit of such beneficiary
so much of the net income and, if the net income is insufficient, so much of the
principal of the trust property as the Trustee shall from time to time deem
necessary or proper for such beneficiary's health, maintenance, support and
complete education, including preparatory, college and graduate education, and
professional, vocational or technical training. The Trustee shall annually
accumulate any net income not so distributed and add the same to the principal
of the trust property.
§ 3.1.2 After such beneficiary attains twenty-five (25) years of age, the
Trustee shall continue to hold, manage, invest and reinvest the trust property,
shall collect the income thereof and shall distribute the net income in quarter-
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,
annual instaliments, or more frequently if the Trustee deems it advisable, to or for
the benefit of such beneficiary.
§ 3.1.3 In addition to the foregoing, after such beneficiary attains
twenty-five (25) years of age, the Trustee may distribute to or for the benefit of
such beneficiary so much of the principal of the trust property as the Trustee
shall from time to time deem necessary or proper for such beneficiary's health,
maintenance, support and complete education, including preparatory, college
and graduate education, and professional, vocational or technical training, and to
assist such beneficiary with his or her reasonable wedding expenses, in the
purchase of a principal residence and in the estabfishment of a profession or of a
business considered a good risk by the Trustee, taking into account other '
available funds, including such beneficiary's assets.
§ 3.1.4 At any time after such beneficiary attains twenty-five (25) years
of age and prior to attaining thirty (30) years of age, such beneficiary may
withdraw such sums as do not exceed one-third (1/3) of the market value of the
principal of his or her trust as constituted on his or her twenty-fifth (25th) birthday,
or if his or her trust is established on or after his or her twenty-fifth (25th)
birthday, such sums as do not exceed one-third (1/3) of the market value of the
principal of his or her trust as constituted on the establishment thereof.
§ 3.1.5 At any time after such beneficiary attains thirty (30) years of age
and prior to attaining thirty-five (35) years of age, such beneficiary may withdraw
such sums as do not exceed one-half(1/2) of the market value of the principal of
his or her trust as constituted on his or her thirtieth (30th) birthday, or if his or her
trust is established on or after his or her thirtieth (30th) birthday, such sums as do
not exceed one-half(1/2) of the market value of the principal of his or her trust as
constituted on the establishment thereof.
§ 3.1.6 At any time after such beneficiary attains thirty-five (35) years of
age, such beneficiary may withdraw any or all of the principal of his or her trust.
§ 3.1.7 If such beneficiary dies before the complete termination of his or her
trust, the Trustee shall distribute the property then held in trust to such persons or
entities (including the beneficiary's estate), in such amounts and upon such trusts,
terms and conditions as the beneficiary by his or her last Will may appoint by specific
reference to this general power of appointment. Any property not so appointed shall
be divided into shares and distributed to the beneficiary's issue then living, per stirpes,
or, if none, to the issue then living of the parent of such beneficiary who was a
descendent of mine, per stirpes, or if none, to my issue then living, per stirpes, or, if
none, pursuant to the provisions of Article Five hereof, and in all circumstances subject
to being held in continued trust in accordance with the provisions of this Article Four.
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.
ARTICLE FOUR
APPOINTMENT OF FIDUCIARIES
§ 4.1 I appoint Elizabeth Ann Crouse, as Executor of this Will. if she is unable or
unwilling to serve, then Thrivent Trust Company shall serve as Executor. Ail references herein
to the "Executor" shall mean my originally appointed Executor or any successor Executor, as
the case may be. _
§ 4.2 I appoint Thrivent Trust Company, as Trustee of any trust created by this Will.
§ 4.3 Any Trustee serving hereunder may resign at any time, for any reason
whatsoever, without court approvai. If at any time there is a complete vacancy in the office of j
Trustee, then the current income beneficiaries of all trusts hereunder (or their natural or legal
guardians) by majority vote shail immediately appoint a substitute individual and/or corporate
Trustee(s), as the case may be, to succeed to that position.
§ 4.4 The legal guardians of Maxwell by unanimous vote shali have the right to remove
any corporate Trustee for any reason whatsoever; provided that they shall immediately appoint
a substitute corporate Trustee to succeed to that position, and further provided that this may not
occur more than once every two years.
§ 4.5 Any corporate Trustee(s) shall not be related or subordinate to the parties
appointing it within the meaning of§ 672(c) of the Internal Revenue Code.
§ 4.6 Any corporate Trustee shall be a financial institution with fiduciary powers.
§ 4.7 All references herein to the "Trustee" shall mean the originally appointed Trustee
or the successor Trustee(s), as the case may be.
§ 4.8 I appoint the then serving Trustee as guardian of the estates of any minor
beneficiaries under this Will, including the proceeds of any life insurance on my life payable to
such minors and any other property, rights or claims with respect to which I am entitled to
appoint a guardian and have not otherwise specifically done so. The guardian shall have full
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authority to use such assets, both principal and income, in any manner the guardian shall deem
advisable for the best interests of the minor, including preparatory, college and graduate
education, and professional, vocational or technical training, without securing a court order.
§ 4.9 it is my strong preference that Charles Judson Foster not serve as the guardian
of the persons of Maxwell or Madison notwithstanding that he is their biological father. Charles
suffers from severe bipolar disorder and can suffer extreme personality swings and is
occasionally violent, both of which have contributed to his arrest record. Therefore, I appoint
Michelie Huth and Eric Huth as guardians of the persons of Maxwell and Madison. If either one
of them is unable or unwilling to act or continue to act, for any reason whatsoever, the vacancy
shail not be filled and the other then serving guardian of the person of each of my minor children
shall serve as sole guardian. At the time of the execution of this Will, I have legal custody of
Madison. In that capacity, I permanently grant/oco parentis status to the Huths to serve as her
continued legal guardian. The Trustee of the trust established under Article Two of my Will shall
expend such portions of net income and principaa, as the Trustee deems reasonable and
appropriate, to enable the guardian of the persons of Maxwell and Madison to provide a lifestyle
for them similar to the lifestyle which such minor children enjoyed during my lifetime. Such
expenditures may include, among others, the cost of acquiring or maintaining a home of size
and stature necessary and appropriate to house such minor children and the guardian's family,
and/or the cost of child care and household help, and may also include such sums payable
directly to the guardian for the guardian's services or as may be reasonably necessary to
reimburse the guardian for expenditures incurred on behalf of my minor children or to advance
funds to the guardian for such purposes; provided, however, that to the extent practicable, title
to any property acquired for the benefit of my children hereunder shall be retained by the
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Trustee in the name of such trust, and further provided that there shall be no amounts paid
directiy to Charles Foster for the care of Madison.
ARTICLE FIVE
POWERS OF FIDUCIARIES
§ 5.1 No fiduciary under this Will shall be required to give bond or other security for the
faithful perFormance of the fiduciary's duties.
§ 5.2 Any such fiduciary shall have, without restriction or qualification, all powers given li
by law, including without limitation those under the Pennsylvania Probate, Estates and I
Fiduciaries Code, in addition to the following powers:
§ 5.2.1 To invest in, accept and retain any real or personal property,
including stock of a corporate fiduciary or its holding company, without restriction
to legal investments.
§ 5.2.2 To sell, exchange, partition or lease for any period of time any
real or personal property and to give options therefor for cash or credit, with or
without security.
§ 5.2.3 To borrow money from any person including any fiduciary acting
hereunder, and to mortgage or pledge any real or personal property.
§ 5.2.4 To hold shares of stock or other securities in nominee
registration form, including that of a clearing corporation or depository, or in book
entry form or unregistered or in such other form as will pass by delivery.
§ 5.2.5 To engage in litigation and compromise, arbitrate or abandon
claims.
§ 5.2.6 To make distributions in cash, or in kind at current values, or
partly in each, allocating specific assets to particular distributees on a non-pro
rata basis, and for such purposes to make reasonable determinations of current
values.
§ 5.2.7 To make elections, decisions, concessions and settlements in
connection with all income, estate, inheritance, gift or other tax returns and the
payment of such taxes, without obligation to adjust the distributive share of
income or principal of any person affected thereby.
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, �
IN WITNESS WHEREOF, I have hereunto set my hand and seal this /��` day of
March, 2013.
�%L-c_.��1'- L�. �� (SEAL)
�DITH A. INGRAM J
Signed, sealed, published and declared by the above named JUDITH A. INGRAM, as
and for her Last Will, in the presence of us and each of us, who, at her request and in her
presence and in the presence of each other, have hereunto subscribed our names as witnesses
thereto the day and year last above written.
� � . ��,
` Residing at ��`-�� ��-�� �f ✓ �
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Ud.:?"1 ��YC;L�• ��'��C�� Residing at `��1 !��-G � i C,'C�F_.�)1 �f�
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COMMONWEALTH OF PENNSYLVANIA :
: ss.
COUNTY OF DAUPHIN :
We, JUDITH A. INGRAM, the testatrix, 1�-k-�,� `�� ��--�s.J�. and
��.,�r�� d�rc ` , the witnesses, whose names are signed to the attached or
foregoing instrument, being first duly sworn, do hereby deciare to the undersigned authority that
the testatrix signed and executed the instrument as her Last Will; that the testatrix signed
willingly and executed it as her free and voluntary act for the purposes therein expressed; that
each subscribing witness in the hearing and sight of the testatrix signed the Will as a witness
and that to the best of his or her knowledge the testatrix was at that time eighteen (18) years of
age or older, of sound mind and under no constraint or undue influence.
�n�� ��G�C� G
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�JUDITH A. INGRAM✓ s
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Watness
Subscribed, sworn to and acknowledged before me by JUDITH A. INGRAM, the
testatrix, and subscribed and sworn to before me by �av; � � . ��.�-�-5;J" ,-, and
_�a�.�2� L rnf r , the witnesses, this �3�'` day of March, 2013.
�-
�- Notary Pu i
(SEAL)
COMMONWFAI.TH OF PENNSYLVANIA
Notarlal Seal
Karen D.Rafferty,Notary Publlc
Clty of Harrishurg,Dauphln County
My Commtsslon Expires Feb.13,2014
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Exhibit D
: 1N THE COURT OF COMMON PLEAS
. CUMBERLAND COUNTY, PA
: ORPHANS COURT DIVISION
In Re: The Estate of : NO.
MADISON E. FOSTER, a minor �
CONSENT TO APPOINTMENT AS GUARDIAN
I, Michelle J. Huth, hereby accept my nomination as guardian of Madison Elizabeth Foster. I
understand my rights and responsibilities toward the minor child named above. I consent to Petition for
I
Appointment of Guardianship which is being filed. i
Date: � /0 / � � �. ���c�� �
Michelle J. Huth
Exhibit E
�
. IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: ORPHANS COURT DIVISION
In Re: The Estate of � NO.
MADISON E. FOSTER, a minor .
CONSENT TO APPOINTMENT AS GUARDIAN
I, Eric T. Huth, hereby accept my nomination as guardian of Madison Elizabeth Foster.
I understand my rights and responsibilities toward the minor child named above. I consent to
Petition for Appointment of Guardianship which is being filed.
Date: /d /y �- I,
Eric T. Huth
c
Exhibit F
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: ORPHANS COURT DIVISION
In Re: The Estate of : NO.
MADISON E. FOSTER, a minor '
CONSENT TO APPOINTMENT OF GUARDIANSHIP
I, Loren Shumaker,am the natural mother of Madison Elizabeth Foster. I hereby
consent to the appointment of Michelle J. Huth and Eric T. Huth as guardians of Madison
Elizabeth Foster.
Date: � \ Cit-Y�-,
oren Shuma er
�
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: ORPHANS COURT DIVISION
In Re: The Estate of � NO.
MADISON E. FOSTER, a minor '
VERIFICATION
I verify that the statements made in the foregoing document are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsifications to authorities.
a r� � y LY�'�•c__�, o Q� �. l��
Date: Michelle J. Huth
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PA
: ORPHANS COURT DIVISION
In Re: The Estate of � NO.
MADISON E. FOSTER, a minor �
VERIFICATION
I verify that the statements made in the foregoing document are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
§4904, relating to unsworn falsifications to authorities.
/�
ate. Eric T. Huth