HomeMy WebLinkAbout10-24-07
IN RE: APPOINTMENT OF
PLENARY GUARDIANS FOR
LONIE RAY WITMER
:IN THE COURT OF COMMON PLEAS
:CUMBERLAND COUNTY,
:PENNSYL VANIA
:ORPHAN'S COURT DIVISION
:NO. ~- () 7 - IJ9:s 7
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ESTATE OF LONIE RAY WITMER
AN ALLEGED INCAPACITATED PERSON
TO LONIE RAY WITMER
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~.~A. PETITIQN HAS BEEN FILED WITH THIS COURT TO HA VB YOU DECLARED
AN INCAPACITATED PERSON. IF THE COURT FINDS YOU TO BE AN
INCAPACITATED PERSON, YOUR RIGHTS WILL BE AFFECTED, INCLUDING
YOU RIGHT TO MANAGE MONEY AND PROPERTY AND TO MAKE
DECISIONS. A COPY OF THE PETITION WHICH HAS BEEN FILED BY
CLARENCE VICTOR WITMER AND BETTY JANE WITMER IS ATTACHED.
YOU ARE HEREBY ORDERED TO APPEAR AT A HEARING TO BE HELD IN
COURTROOM NUMBER~, LOCATED IN THE CUMBERLAN)) COUNTY
COUR~USE, CARLISLE, PENNSYLVANIA, ON THE , 3 -uJ DAY OF
Ndfl g, 2007, AT lIJ: D() O'CLOCKfL.M. TO TELL THE COURT WHY
IT SHOULD NOT FIND YOU TO BE AN INCAPACITATED PERSON AND
APPOINT A GUARDIAN TO ACT ON YOUR BEHALF.
TO BE AN INCAPACITATED PERSON MEANS THAT YOU ARE NOT ABLE TO
RECEIVE AND EFFECTIVELY EVALUATE INFORMATION AND
COMMUNICATE DECISIONS AND THAT YOU ARE UNABLE TO MANAGE
YOUR MONEY AND/OR OTHER PROPERTY, OR TO MAKE DECISIONS ABOUT
WHERE YOU WILL LIVE, WHAT MEDICAL CARE YOU WILL GET, OR HOW
YOUR MONEY WILL BE SPENT.
AT THE HEARING, YOU HAVE THE RIGHT TO APPEAR, TO BE
REPRESENTED BY AN ATTORNEY, AND TO REQUEST A JURY TRIAL. IF YOU
. DO NOT HAVE AN ATTORNEY, YOU HAVE THE RIGHT TO REQUEST THE
COURT TO APPOINT AN ATTORNEY TO REPRESENT YOU AND TO HAVE THE
AITORNEY'S FEES PAID FOR YOU IF YOU CANNOT AFFORD TO PAY THEM
YOURSELF. YOU ALSO HAVE THE RIGHT TO REQUEST THAT THE COURT
ORDER THAT AN INDEPENDENT EVALUATION BE CONDUCTED AS TO
YOUR ALLEGED INCAPACITY.
IF THE COURT DECIDES THAT YOU ARE AN INCAPACITATED PERSON, THE
COURT MAY APPOINT A GUARDIAN FOR YOU, BASED ON THE NATURE OF
ANY CONDITION OR DISABILITY AND YOUR CAPACITY TO MAKE AND
COMMUNICATE DECISIONS. THE GUARDIAN WILL BE OF YOUR PERSON
AND/OR YOUR MONEY AND OTHER PROPERTY AND WILL HAVE EITHER
LIMITED OR FULL POWERS TO ACT FOR YOU.
WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397
~(
IF THE COURT FINDS YOU TOTALLY INCAPACITED, YOUR LEGAL RIGHTS
WILL BE AFFECTED AND YOU WILL NOT BE ABLE TO MAKE A CONTRACT
OR GIFT OF YOUR MONEY OR OTHER PROPERTY. IF COURT FINDS THAT
YOU ARE PARTIALLY INCAPACITATED, YOUR LEGAL RIGHTS WILL ALSO
BE LIMITED AS DIRECTED BY THIS COURT.
IF YOU DO NOT APPEAR AT THE HEARING (EITHER IN PERSON OR BY AN
ATTORNEY REPRESENTING YOU) THE COURT WILL STILL HOLD THE
HEARING IN YOUR ABSENCE AND MAY INT THE GUARDIAN
REQUESTED.
o c:/i1.b tit.. J'I J.oa 7
/
EDWARD G. GUIDO
J.
Cc: Betty Jane Witmer
Clarence V. Witmer
Jerry A. Weigle, Esquire
James Roberts, Director Cumberland Vista Nursing Home
WEIGLE & ASSOCIATES. P.c. - ATTORNEYS AT LAW - 126 EAST KING STREET -:- SHIPPENSBURG. PA 17257-1397
IN RE: APPOINTMENT OF
PLEAS PLENARY GUARDIANS FOR
LONIE RAY WITMER
:IN THE COURT OF COMMON
:CUMBERLAND COUNTY,
:PENNSYL VANIA
:ORPHAN'S COURT DIVISION
:NO. t!)/-o7-oQ37
STATEMENT OF RIGHTS
AN ORDER HAS BEEN ENTERED WHEREBY YOU HA VE BEEN
ADJUDICATED A TOTALLY INCAPACITATED PERSON AND UNABLE TO
CARE FOR YOURSELF AND/OR MANAGE YOUR PERSONAL AND FINANCIAL
AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S
DECISION WITHIN TWENTY (20) DAYS OF THE DATE OF THE COURT'S
ORDER. IF YOU FAIL TO FILE EXCEPTIONS, THE ORDER WILL BECOME
FINAL. IN THE EVENT THAT YOU DO FILE EXCEPTIONS AND THEY ARE
DENIED, YOU HAVE THE RIGHT TO APPEAL TO THE SUPERIOR COURT
WITHIN THIRTY (30) DAYS OF THE DATE OF THE DENIAL OF THE
EXCEPTIONS.
IN ADDITON, YOU MAY PETITION THE COURT AT ANY FUTURE TIME
TO MODIY OR TO TERMINATE THE PLENARY GUARDIANSHIP IF THERE IS
SIGNIFICANT CHANGE IN YOUR CAPACITY OR IF YOUR PLENARY
GUARDIAN FAILS TO PERFORM HIS/HER DUTIES IN ACCORDANCE WITH
THE COURT'S ORDER.
IF YOU WISH TO FILE EXCEPTIONS TO OR FURTHER APPEAL THE
ORDER OR TO PETITION THE COURT TO MODIFY OR TERMINATE THE
PLENARY GUARDIANSHIP, YOU MAY BE REPRESENTED BY AN ATTORNEY.
IF YOU DO NOT HAVE AN ATTORNEY, YOU MAY REQUEST THAT THE
COURT APPOINT ONE TO REPRESENT YOU. IF YOU CANNOT AFFORD AN
ATTORNY, THE SERVICES OF AN ATTORNEY WHOM THE COURT MAY
APPOINT WILL BE PROVIDED AT NO COST TO YOU.
WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397
In Re: LONIE RAY WITMER
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-07-0937
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 10/24/07
JUDGE'S INITIALS: EEG
TIME STAMP DATE: 10/24/07
IN RE: ORDER OF COURT
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SERVICE TO:
JERRY WEIGLE ESQ
CLARENCE V WITMER
LONIE WITMER
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
[gJ USPS
DRRR
o HAND DELIVERED
o OTHER_
[gJ PETITIONER
o JUDGE
o CLERK OF ORPHANS COuRT
MAILED: 10/26/07
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SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
o USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED:
Depu y
Clerk of Orphans' COli /