The URL can be used to link to this page

Home My WebLink About09-29-14 d IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION In re: SUZANNE J. NESTLER, : File No. a� - ��(��j�" A minor : � c� � � o L � rn Final Order � � � �' � Q -� � � �- .� � �"' �--` N �fl f"r7 , : C.� �:: G-� NOW, this aq day of , 2014, ��ft�r h�ariru,�, it > � ,., t.� ".P'� appearing that SUZANNE J. NESTLER, a inor, age one (1), is residing in the ho.useho of tk�� ..... X � �--� �_._ rrl proposed guardian, James E. Nestler, Jr.. It further appearing that the mother of the mi�or cl�nd� is Ashley L. Nestler, and the father of the minor child is Benjamin R. Ferguson. It further"� � appearing that the appointment of a Guardian of the Person of SUZANNE J. NESTLER is necessary because the child's school is requiring legal authority to deal directly with the proposed guardian regarding the child's education; a physician or other medical provider is requiring that the proposed guardian have legal authority to obtain medical treatment for the child; and the proposed guardian wishes to have general legal authority to be able to protect and provide for the child in any circumstances which may arise in the future. IT IS ORDERED, pursuant to 20 Pa.C.S.A. §§ 5111 and 5113, that James E. Nestler, Jr. is appointed Guardian of the Person of SUZANNE J. NESTLER, a minor, and as such is authorized: A. To exercise physical and legal custody of the child; B. To arrange, choose, or consent to medical, dental, surgical or mental health treatment or procedures, including in emergency situations; C. To enroll the child in school, give consents or make decisions regarding school activities, educational placements or curricula, or other matters regarding the child's education or school involvement; D. To sign o�execute any contract or other document to provide for the support, health, education or general welfare of the child; E. To do whatever is reasonable, necessary and proper to provide for the support, health, education and general welfare of the child; F. To exercise the same legal rights as if he were the parent of the child. IT IS FURTHER ORDERED that the Guardian shall promptly notify this Court if, at any time prior to SUZANNE J. NESTLER's eighteenth (18th) birthday, that he cannot act, or wants to stop acting, as Guardian for SUZANNE J. NESTLER. The Guardian shall remain legally Petition for Guardianship of Suzanne J. Nestler Page 2 of 8 responsible for the minor child until her eighteenth (18th) birthday, unless this Court modifies or terminates this Order. BY THE COURT: J. Petition for Guardianship of Suzanne J. Nestler Page 3 of 8 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION In re: SUZANNE J. NESTLER, : File No. �� '1 ��3� A minor : Scheduling Order AND NOW, this ( ��day of , 2014, upon consideration of the attached Petition for Appointment of a Guardian of the Person of a Minor Under the Age of Fourteen, IT IS ORDERED, that a he ring on the Petition for Appointment of Guardian shall be held before the undersigned on v d�y, at //�UO .m., in Courtroom _�_, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IT IS FURTHER ORDERED that the minor child, Suzanne J. Nestler, and the proposed Guardian, James E. Nestler, Jr., shall appear at the hearing. IT IS FURTHER ORDERED that the Petitioner shall notify the minor child's Father of the hearing by mailing or delivering to him a copy of this Scheduling Order and a copy of the Petition (with attachments) at least ten (10) days before the hearing date. BY THE COURT: J. C `�i �Q `t" � ��7 � �-, �,-, "t: � ,..�..� _.1 �-�A� � C' r � �c�- � r�- i � C�C,� '�t7 ` ' ^' ' � i : O� "v, T'i _'f .t' , '_ i.�' � .. {.'� r� O ��Q .�- -T7 Petition for Guardianship of Suzanne J. Nestler Page 1 of 8 � � o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION �-.� t� "�= � In re: SUZANNE J. NESTLER, : File No.Z�" �� '�,3� � =- �' 'r' �O �, ,_-^,:'� A minor : ,��'-, �� b= `-� ��._;- � r� �G�.,: � " �t ; � s j, Petition for Appointment of Guardian ��, � :._ � ; for a Minor Child under the Age of 14 Years :z,=� � �;,n a r- -�, c� Petitioner, James E. Nestler, Jr., respectfully states: 1. Petitioner is James E. Nestler, Jr., an adult individual who resides at 3526 September Drive, Apt. 3, Camp Hill, PA 17011. 2. The minor child, SUZANNE J. NESTLER, was born on November 13, 2012, and is currently one (1) year old. 3. Petitioner is the minor child's maternal grandfather. 4. The minor child lives at 3526 September Drive, Apt. 3, Camp Hill, PA 17011, with the proposed guardian, James E. Nestler, Jr.. 5. Other individuals living with Petitioner and the minor child are: Ashley Nestler, 23, Mother; Connor Nestler, 15, uncle; Michelle Butler, 48, grandfather's girlfriend. The mother of the minor child is Ashley L. Nestler, who resides at 3526 September Drive, Apt. 3, Camp hill, PA 17011. 6. The father of the minor child is Benjamin R. Ferguson, who resides at 19604 Hastings Road, Alvin, TX 77511. 7. The child is in need of a guardian because Ashley is working full time as well as going to school full time. She has very little money to care for my granddaughter and very little time as well. If I had guardianship of my granddaughter it will give Ashley the time to get her life together so they can have a productive and positive life in the long run.; the following reason: Benjamin is currently living with his parents in Texas. He is married and His income is very limited. He says he would like to but does not have the money to come up here. If I had guardianship of Suzanne I would be able to bring her down to visit not only with her father but his side of Suzanne's family at a lower expense. It is extremely impo�tant to me that Suzanne have a positive connection with her father's family.; the child's school is requiring legal authority to deal directly with the proposed guardian regarding the child's education; a physician or other medical provider is requiring that the proposed guardian have legal authority to obtain medical treatment for Petition for Guardianship of Suzanne J. Nestler Page 4 of 8 the child; and the proposed guardian wishes to have general legal authority to be able to protect and provide for the child in any circumstances which may arise in the future. 8. (Check one of the two checkboxes below.) � B'The consent of the child's mother is attached. ❑ Petitioner was not able to obtain a signed consent from the child's mother because: 9. (Check one of the two checkboxes be/ow.) � �The consent of the child's father is attached. ❑ Petitioner was not able to obtain a signed consent from the child's father because: 10. Petitioner is the proposed Guardian of the Person and is 53 years old. 11. Petitioner believes that he is qualified and suitable to be appointed as Guardian of the Person of the minor child. 12. The consent of the proposed Guardian is attached to this petition. WHEREFORE, Petitioner, James E. Nestler, Jr., nominates himself as Guardian of the Person of SUZANNE J. NESTLER, and requests this Honorable Court to make such appointment pursuant to Section 5111 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S.A. § 5111. Date: � � / � ames E. Nestler, Jr., Petitioner Petition for Guardianship of Suzanne J. Nestler Page 5 of 8 Verification I, James E. Nestler, Jr., Petitioner, verify that the facts stated in the foregoing Petition for Appointment of a Guardian of the Person of a Minor under the age of fourteen (14) years are true and correct to the best of my knowledge, information and belief. Petitioner understands that false statements therein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date. ��-- � � Jam . Nestler, Jr., Petitioner Petition for Guardianship of Suzanne J. Nestler Page 6 of 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION In re: SUZANNE J. NESTLER, : File No. A minor : Acceptance by Guardian I, James E. Nestler, Jr., agree to accept the appointment as Guardian of the Person of Suzanne J. Nestler, a minor child. My domicile is 3526 September Drive, Apt. 3, Camp Hill, PA 17011, and I am disabled. I am a citizen of the United States. I can speak, read and write the English language. Date: �/�� J es E. Nestler, Jr., roposed Guardian of the Person Petition for Guardianship of Suzanne J. Nestler Page 7 of 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION In re: SUZANNE J. NESTLER, : File No. A minor : Consent of Mother to Appointment of Guardian of the Person of a Minor I,Ashley L. Nestler, am the mother of SUZANNE J. NESTLER, a minor child under the age of fourteen (14) years. 1 consent to the appointment of James E. Nestler, Jr. as Guardian of the Person of my minor chiid, SUZANNE J. NESTLER. Date: � I � � �� Ashley L. tler, Mother Petition for Guardianship of Suzanne J. Nestler Page 8 of 9 � , ' � iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION In re: SUZANNE J. NESTLER, : File No. A minor � Consent of Father to Appointment of Guardian of the Person of a Minor I, Benjamin R. Fergusdn, am the Father of SUZANNE J. NESTLER, a minor child under the age of fourteen (14)years. 1 consent to the appointment of James E. Nestler, Jr. as Guardian of the Person of my minor child, SUZANNE J. NESTLER. Date: � �� ' Benja ' R. Fergusan, Father '_,J r _1 Petition for Guardianship of Suzanne J. Nestler Page 9 of 9 , ' . r � � r � E o.. N c5 � � a r 1 � � � � � � � c.� � cc � : ORPHANS' COURT DIVISION . COURT OF COMMON PLEAS OF In Re: SUZANNE J NESTLER . CUMBERLAND COLJNTY . PENNSYLVANIA . N0.21-14-0734 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 8/18/14 - JUDGE'S INITIALS: AHM TIME STAMP DATE: 8/18/14 IN RE: SCHEDULING ORDER ............................................................................................................................ SERVICE TO: JAMES NESTLER 3526 SEPTEMBER DR APT 3 CAMP HILL PA 17011 ASHLEY NESTLER 3526 SEPTEMBER DR APT 3 CAMP HILL PA 17011 BEN FERGUSON 19604 HASTINGS RD ALVIN TX 77511 METHOD OF MAILING: ENVELOPES PROVIDED BY: � USPS � PETITIONER ❑ RRR ❑ JUDGE ❑ HAND DELIVERED ❑CLERK OF ORPHANS COURT ❑ OTHER MAILED: 8/19/14 ............................................................................................................................ SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑ USPS ❑PETITIONER � RRR ❑JUDGE ❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: ty lerk f Orphans' Court . ORPHANS' COURT DNISION . COURT OF COMMON PLEAS OF In Re: SUZANNE J NESTLER,A MINOR . CUMBERLAND COiJNTY . PENNSYLVANIA . N0.21-14-0734 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 9/29/14 JUDGE'S INITIALS: AHM TIME STAMP DATE: 9/29/14 IN RE: FINAL ORDER ............................................................................................................................ SERVICE TO: JAMES E NESTLER JR ASHLEY L NESTER METHOD OF MAILING: ENVELOPES PROVIDED BY: �USPS ❑PETITIONER �RRR ❑JUDGE � HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 9/29/14 ............................................................................................................................ SERVICE TO: BEN FERGUSON 19604 HASTINGS ROAD ALVIN TX 77511 METHOD OF MAILING: ENVELOPES PROVIDED BY: �USPS � PETITIONER ��R ❑JUDGE ❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑ OTHER MAILED: 9/29/14 �1,�,�1�� -�'t,!�' Deputy Clerk of Orphans' Co � � �. C� � � � � � � � �� " � � � � � � �