HomeMy WebLinkAbout03-13-07
INRE:
INEZ H. DAVIS,
An Alleged Incapacitated Person
) IN THE COURT OF COMMON PLEAS
) OF CUMBERLAND COUNTY, PENNSYLVANIA
) ORPHANS' COURT DIVISION
)
) NO. 2t>o 7 / ';;OG>
)
PRELIMINARY DECREE
CJ
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NOW, this --L.lb. day of t/v12.J ;' L ,2007, upon consideration oftheallli~ied ;~
Petition to Adjudicated Inez H. Davis and Incapacitated Person and to Appoint a Plepary U1
Guardian of her Person and Estate, it is hereby ORDERED and DECREED as follows:
1. A Citation is awarded, directed to Inez H. Davis, to show cause why:
a. She should not be adjudged an Incapacitated Person;
b. Gloria Joan Davis Banks should not be appointed Plenary Guardian of her
Person and her Estate.
2. The hearing on the said Petition shall be held in Courtroom One, in the
Cumberland County Courthouse, Carlisle, Pennsylvania, on the ~day of ~
2007 at;) ~ 30 p~.
3. Petitioner shall cause to be served (by personal service) the Citation with Notice
and Petition, pursuant to the provisions of20 Pa.C.S.A. Section 5511(a), upon Inez H. Davis, the
alleged incapacitated person, at least twenty (20) days prior to the court hearing. The contents
and terms ofthe Citation with Notice and Petition shall be read and explained to the maximum
extent possible in language and terms the alleged incapacitated person is most likely to
understand in accordance with the provisions of20 Pa.C.S.A. Section 5511(a). An Affidavit of
Service containing specific averments as to the above requirements shall be presented at the
beginning of the court hearing.
4. At least twenty (20) days prior notice of the court hearing, together with a copy of
the Petition, shall be given personally or by certified mail to all persons who are sui juris and
who would be entitled to share in the estate of the alleged incapacitated person if she died
intestate at this time, to the person believed to be an agent under the alleged incapacitated
634491.1
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person's limited power of attorney, and to the institution providing residential services to the
alleged incapacitated person, in accordance with the provisions of20 Pa.C.S.A. Section 5511(a),
as follows:
Carolyn A. Henderson
16838 Cerez Ave., Apt. 108
Fontana, CA 92335
Elsie L. Baker
11074 Glendale, Apt. A
Port Orchard, W A 98366
Katheryn Alvarez
10580 Mountain View Apt. J
Redlands, CA 92373
Donald Ray Davis
927 Cabrera
San Bernardino, CA 92411
Michael Anthony Davis
Unknown at this time
Golden Living Center
770 Poplar Church Road
Camp Hill, PA 17011
5. Petitioner and/or counsel for Petitioner shall notify the Court, in writing, at least
seven (7) days prior to the court hearing if counsel has not been retained by or on behalf ofthe
alleged incapacitated person in accordance with the provision of20 Pa.C.S.A. Section 5511(a).
This notice shall also contain all pertinent information that would indicate to the Court whether
or not counsel should be appointed to represent the interests ofthe alleged incapacitated person.
6. The alleged incapacitated person shall be present at the court hearing unless it is
established by clear and convincing medical evidence that her physical or mental condition
would be harmed by her presence in court, in accordance with the provisions of 20 Pa.C.S.A.
Section 5511(a). Petitioner may retain a physician for a physic I and
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: INEZ H DAVIS,
AN ALLEGED INCAP ACIT A TED PERSON
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-07-0200
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 03-06-07
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 03/13/07
IN RE: PRELIMINARY DECREE
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SERVICE TO:
INEZ H DAVIS; DAVID K KRUFT, ESQ; CAROLYN HENDERSON; ELSIE L BAKER;
KA THERYN ALVAREZ; DONALD RA Y DAVIS; MICHAEL ANTHONY DAVIS;
GOLDEN LIVING CENTER
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
~ USPS
DRRR
D HAND DELIVERED
D OTHER CERTIFIED €JofIEn l
mo-.--\.
MAILED: 03/14/07
D PETITIONER
D JUDGE
~ CLERK OF ORPHANS COURT
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SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
D USPS
DRRR
D HAND DELIVERED
D OTHER_
D PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED:
lj~~Q~-,
~ler~~f Orphans' Court