HomeMy WebLinkAbout09-23-08. ~ -
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Lee E. Oesterling, Esquire
Supreme Court ID #71320
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
(717)-249-2761
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SEP ~ 9 2008
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IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
IN RE: GUARDIANSHIP OF
JED V. NIINAYA
No. c~ ~ C~'~ Oq't~
-Petition for Adjudication of
Incapacity and Appointment of Guardian
of Estate and Person
PRELIMINARY DECREE FOR GUARDIAN
AND NOW, this ~ ~,~,~
resolve etitioner's ~ ~ day of ~ ~ 2008, to 'udici
P request for the appointment of guardian, the court does hereby ORDER ANU
DECREE the following:
1. The Court acing on the attached petition is scheduled for the ~ 7
O t% , 2008 at 3 : U d ~ day of
hearing will be held before Judge ~,~, ~• o clock .m. (prevc~ng time). The
located in the Cumberland County Courthouse in Carlisle Pennsylvaniam No. 33
2. The court directs the issuance of an appropriate citation with rule to show cause why the
above-captioned individual should not be adjudged an incapacitated person and why the court
should not appoint appropriate guardians.
3. Petitioner shall cause to be served (by personal service) the citation and petition with attached
important notice upon the alleged incapacitated person at least twenty (20) days prior to the court
hearing. The contents and terms of the petition and the notice shall be explained 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 court hearing.
4. At least '~'w ~'~y/ (~~ )days notice of the petition and hearing shall be
given by personal service or certified mail to all persons residing in the Commonwealth who axe
sui juris and would be entitled to share in the estate of the alleged incapacitated person's estate if
(he or she) died intestate.
5. 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 alleged incapacitated person. This notice
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r
shall also contain all pertinent information which indicates whether or not counsel should be
appointed to represent the alleged incapacitated person.
6. Based upon the affidavit attached as an Exhibit "B" to petitioner's petition, the alleged
incapacitated person is not required to be present at the court hearing in that said affidavit
establishes that his physical or mental condition would be harmed by his presence. Should that
physical or mental condition change such that the alleged incapacitated Person is able to attend
the hearing, Petitioner or her legal counsel will notify the Court immediately.
B Y THE UR
J.
Date: ~'OZ3'Q~
DISTRIBUTION:
Jed v. Minaya, 48 Honeysuckle Drive, Mechanicsburg, PA 17050
Barbara A. Minaya, 48 Honeysuckle Drive, Mechanicsburg, PA 17050
Lee E. Oesterling, Esquire, 155 South Hanover Street, Carlisle, PA 17013
Drena L. Mark, 32 East Pitt Street, Cannonsburg, PA 15317
Angela C. Mooney, 5920 Spring Road, Lot 1, Shermansdale, PA 17090
Lana D. Lojek, 24630 Lippert Road, Cochranton, PA 16314
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: JED V. MINAYA CUMBERLAND COUNTY
PENNSYLVANIA
NO. 08-0945
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE: 09/23/08
IN ~~ PRELIMINARY DECREE FOR GUARDIAN & CITATION
SERVICE TO: JED MINAYA BARBARA MINAYA
LEE OESTERLING DRENA MARK
LANA LOJEK ANGELA MOONEY
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTH,E~Rrr~~;
MAILED: ~~~GyJ~b
ENVELOPES PROVIDED BY•
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO:
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY•
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
i
eputy
Clerk of rphans' Court