HomeMy WebLinkAbout01-17-08 (2)
IN RE: TRACY A MCHALE
IN THE COURT OF COMMON PLEAS OF r--'
CUMBERLAND COUNTY, PE~SYL V ANji
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ORPHANS' COURT DIVISION ".-{ :;f:
AN ALLEGED P ARTIALL Y
INCAPACITATED PERSON
NO. 21-08-0011
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IMPORT ANT NOTICE
CITATION WITH NOTICE
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A petition has been filed with the Court to have you declared an Incapacitated Person. Ifthe
Court finds you to be an Incapacitated Person, your rights will be affected, including your right to
manage money and property and to make decisions. A copy of the petition which has been filed by
Michael 1. McHale and Karin M. McHale by their attorney, Smigel, Anderson & Sacks, LLP is attached.
You are hereby ordered to appear at a hearing to be held in Court Room NO.2, Cumberland
County Courthouse, Carlisle, Pennsylvania, on February 12 ,2008, at 3:30 ;eM. 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 necessary 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 attorney'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 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 of full powers to act for you.
If the court finds you are totally incapacitated, your legal rights will be affected
and you will not be able to make a contract or gift of your money to other property. If the
court finds that you are partially incapacitated, your legal rights will also be limited as
directed by the 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 d may appoint the Guardian requested.
BY'
C rk, Orphans' Court DiVIsion
Cumberland County, Carlisle, P A
My Commission Expires 1 st Monday,
January, 2010
Date:01l17/08
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: TRACY A MCHALE,
AN ALLEGED PARTIALLY
INCAPACITATED PERSON
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-08-0011
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 01/15/08
JUDGE'S INITIALS: MLE
TIME STAMP DATE: 01/17/08
IN RE: CITATION
SERVICE TO:
HEATHER D ROYER ESQ
KARIN MCHALE
RENEE D'AGOSTINO
MICHAEL MCHALE
TRACY MCHALE
AMY SMITH
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
r8J USPS
DRRR
o HAND DELIVERED
o OTHER_
r8J PETITIONER
o JUDGE
o CLERK OF ORPHANS COURT
MAILED: 01/17/08
SERVICE TO:
MARK F BAYLEY ESQ
ENVELOPES PROVIDED BY:
METHOD OF MAILING:
r8J USPS
DRRR
o HAND DELIVERED
o OTHER_
o PETITIONER
o JUDGE
r8J CLERK OF ORPHANS COURT
MAILED: 01/17/08
Deputy
Clerk of Orphans' Court