HomeMy WebLinkAbout12-18-07
IN THE COURT OF COMMON PLEAS - CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
IN RE: CAROLYN KIRK,
An Alleged Incapacitated Person
O.C. No. 21-0"1 - 112..1
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PRELIMINARY DECREE AWARDED - CITATION AWARDED;.,...
PERMANENT PLENARY GUARDIAN OF PERSON AND ESTATE co
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AND NOW, this Li!! day of "O,.f ./~/'L/ I 2001-, upon co~~eratio~of
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the annexed Petition for Adjudication of Incapacity and Appointment of Permanent
Plenary Guardian of the Person and Estate, it is hereby Ordered and Decreed that:
1. A citation is awarded, directed to Carolyn Kirk, an alleged incapacitated,
to show cause why she should not be adjudicated an incapacitated person and why a
PERMANENT PLENARY GUARDIAN of her person and estate should not be
appointed; the hearing thereon to be held in Courtroom # 'I, Cumberland County
Courthouse, Carlisle, P A on ~~ ~Ajf
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2. Petitioner shall cause to be served (by personal service) the Citation with
Notice and Petition, pursuant to the provisions of 20 Pa. c.s. 9 5511(a), upon the alleged
incapacitated person at least twenty (20) days prior to the court hearing for the
Permanent Plenary Guardianship of the Person and the Estate. The contents and terms
of the Citation with Notice and Petition shall be read and explained to the maximum
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extent possible in language and terms the alleged incapacitated is most likely to
understand, in accordance with the provisions of 20 Pa. CS. ~ 5511(a). An affidavit of
service containing specific averments of the above requirements shall be presented at
the beginning of the court hearing.
3. 1Ju t~llfL MtfA~, ~.iS appointed guardian ad litem of the estate of
Carolyn Kirk and shall have the authority and responsibility to pursue the pending
Medical Assistance application of Carolyn Kirk and shall have access to records or
financial information of Carolyn Kirk in accordance with 20 Pa. C.5. 5536(a) but only
for Medical Assistance purposes.
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 first-class, certified mail, return
receipt requested to all persons who are sui juris and who would be entitled to an
intestate share in the estate of the alleged incapacitated person, to the institution
providing residential services to the alleged incapacitated person, and to Pennsylvania
Guardianship Association, in accordance with 20 Pa.CS. ~ 5511(a). An affidavit of
service containing specific averments of the above requirements shall be presented at
the beginning of the court hearing.
5. Petitioner or counsel shall notify the court, in writing, at least seven (7)
days prior to the court hearing if counsel has not been retained on behalf of the alleged
incapacitated person in accordance with 20 Pa. C.S. ~ 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 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. e.s. 95511(a).
BY THE COURT:
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ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: CAROLYN KIRK,
AN ALLEGED INCAPACITATED PERSON
CUMBERLAND COUNTY
PENNSYL VANIA
NO. 21-07-1121
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 12/18/07
JUDGE'S INITIALS: KAH
TIME STAMP DATE: 12/18/07
IN RE: PRELIMINARY DECREE AWARDED
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SERVICE TO:
ALMA FERGUSON
BRIAN BROOKS PRESIDENT
CAROLYN KIRK
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
~ USPS
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D HAND DELIVERED
D OTHER_
~ PETITIONER
D JUDGE
D CLERK OF ORPHANS COURT
MAILED: 12/19/07
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SERVICE TO:
MICHAEL WHARE ESQ
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
~ USPS
DRRR
D HAND DELIVERED
D OTHER_
D PETITIONER
~ JUDGE
D CLERK OF ORPHANS COURT
MAILED: 12/19/07
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Deputy. .
Clerk of Orphans' Court
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: CAROLYN KIRK,
AN ALLEGED INCAP ACIT A TED PERSON
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-07-1121
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 12/18/07
JUDGE'S INITIALS: KAH
TIME STAMP DATE: 12/18/07
IN RE: PRELIMINARY DECREE
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SERVICE TO:
SCHUTJER BOGAR LLC
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
I:8J USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
ISJ CLERK OF ORPHANS COURT
MAILED: 12/19/07
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SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
ISJ USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
ISJ JUDGE
o CLERK OF ORPHANS COURT
MAILED: 12/19/07
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Deputy
Clerk of Orphans' Court