HomeMy WebLinkAbout04-05-07
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In re:
Stephanie Bailes
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHAN'S COURT DIVISION
CIVIL ACTION - ADJUDICATION OF
INCOMPETENCY AND APPOINTMENT OF ~)
GUARDIAN OF THE PERSON 2 5
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PRELIMINARY DECREE ?~~ -il
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AND NOW, this ~ day Of~, 2007 , upon consideration"?fthe
Petition for Adjudication of Incapacity and Appointment of a Plenary Guardian of the
Person of Stephanie Bailes, it is hereby ORDERED and DECREED that:
I. A citation is awarded, directed to Stephanie Bailes, to show cause why she
should not be adjudged an incapacitated person and why a plenary guardian of her person
should not be appointed; the hearing there to be held in Court Room ~, Cumberland
County Courthouse, Carlisle, Pennsylvania, on /1?~ ~tJ()d " at II: ()() o'clock,
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2. Petitioner shall cause to be served by personal service the Citation and
Petition, together with an attached Notice pursuant to the provision 20 Pa. C.S.A. ~
5511(a) upon Stephanie Bailes, the allegedly incapacitated person, at least twenty (20)
days prior to the Court hearing. The contents and terms of the Citation, Petition, and
Notice shall be explained to the maximum extent possible in language and terms the
allegedly incapacitated person is most likely to understand in accordance with the
provisions of20 Pa. C.S.A. ~ 551 1 (a). An affidavit of service containing specific
averments as to the above requirements shall be presented at the beginning of the court
hearing.
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3. At least twenty (20) days prior to the scheduled hearing, 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, in accordance with the
provision of20 Pa. C.S.A. ~ 5511(a), and more particularly to the following individual:
Donnie R. Bailes
100 Shirley Drive
Middletown, P A 17057
(717) 939-2611
4. 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 of the allegedly incapacitated person in accordance with the provisions of 20 Ps.
C.S.A. ~ 5511(a). This notice shall also contain all pertinent information which would
indicate to the Court whether or not counsel should be appointed to represent the interests
of the allegedly incapacitated person.
5. The allegedly 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 of20 Pa. C.S.A. ~ 5511(a).