HomeMy WebLinkAbout11-14-07
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE MATTER OF
ELI PETROVICH,
ORPHANS' COURT D~
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An Alleged Incapacitated Person
No. JI-()l-/Od-I
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PRELIMINARY DECREE
IJ" day of U~
,2007, it is hereby
AND NOW, this
ordered and decreed that:
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1. A hearing onJ1le attached petition is scheduled for f)tc;.~ at
3. ~ in Courtroom No. ~ , Cumberland County Courthouse, One Courthouse
Square, Carlisle, Pennsylvania 17013.
2. The Clerk will issue a citation upon the alleged incapacitated person to
show cause why he or she should not be adjudged an incapacitated person and why the
Court should not appoint a guardian of his or her estate and/ or a guardian of his or her
person.
3. At least 20 days prior to the hearing, personal service of the citation and
copies of the petition and this preliminary decree shall be made upon the alleged
incapacitated person. The contents and terms of the petition shall be explained to the
alleged incapacitated person to the maximum extent possible in language and terms the
alleged incapacitated person is most likely to understand. An affidavit of service shall
be filed before the hearing or offered as an exhibit at the beginning of the hearing.
4. At least 20 days prior to the hearing, notice of the petition and hearing
shall be given to (i) all persons residing in the Commonwealth who are sui juris and
would be entitled to share in the estate of the alleged incapacitated person if he or she
died intestate at that time; (ii) to the person or institution providing residential services
to the alleged incapacitated person, if any, and (iii) to the parties designated below, if
any:
Such notice shall be given by means of personal service or certified mail. An
affidavit of service shall be filed before the hearing or offered as an exhibit at the
beginning of the hearing.
117958
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5. At least 7 days prior to the hearing, the petitioner shall notify the Court, in
writing, if counsel has not been retained by or on behalf of the alleged incapacitated
person. If counsel has not been retained by or on behalf of the alleged incapacitated
person, such notice shall contain any pertinent information that may indicate the Court
should appoint counsel to represent the alleged incapacitated person.
6. The alleged incapacitated person shall be present at the hearing unless (i)
the Court is satisfied, upon the deposition or sworn statement by a physician or licensed
psychologist, that his or her physical or mental condition would be harmed by his or
her presence, or (ii) it is impossible for him or her to be present because of his or her
absence from the Commonwealth.
J.
117958