HomeMy WebLinkAbout05-19-09MAY T ~ 2009 ~
IN THE COURT OF COMMON PLEAS -CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
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IN RE: LOUISE CARL, ~ = _'~ ~~` ~
An Alleged Incapacitated Person O.C. No. ~ ~~' ~ ` T~
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PRELIMINARY ORDER OF COURT
EMERGENCY LIMITED GUARDIAN)
AND NOW, this ~ ~~ day of 2009, the foregoing
Petition having been presented in open Court, upon consideration thereof and on
motion of Guardian Elder Care ,Home and Community Services, LLC d/b/a Forest
Park Health Center, it is ORDERED and DECREED that a Citation be awarded, directed
to Louise Carl to show cause why an Emergency Limited. Guardian of her Estate should /
not be appointed, returnable oZ, 2009, at ~ ~ 3 C~ o'clock ~.M.,
and why she should not be adjudged an incapacitated person and a Limited Guardian
of her Estate appointed, returnable oZ / 2009, at/ ~ 3 (~ o'clock
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_~.M. This Petition seeks to have Louise Carl adjudged an incapacitated person.
The time and place of hearing on the Petition for appointment of an Emergency
Limited Guardian of the Estate of the alleged incapacitated person are fixed for
o~/ , 2009, at / , 30 o'clock ~.M.
The alleged incapacitated person shall be given notice of the hearing on
appointment of an Emergency Limited Guardian of her Estate by serving her personally
with the Citation, this Order of Court, and a copy of the foregoing Petition prior to the
time of such emergency hearing [(or) the Court finds that service of notice of
appointment of an Emergency Limited Guardian upon the alleged incapacitated person
is not feasible under the circumstances and is, therefore, waived pursuant to 20 Pa. C.S.
§ 5513.]
The court finds that the following additional notice to others of the hearing on
appointment of an Emergency Limited Guardian of the Estate of the alleged
incapacitated person is feasible in the circumstances and directs that same be made
upon the following persons in the following manner:
The Court finds that strict compliance with 20 Pa. C.S. ~ 5511(e) is not feasible
under the circumstances and is waived for the purpose of the hearing on appointment
of an Emergency Limited Guardian of the alleged incapacitated person.
The Court further finds that strict compliance with 20 Pa. C.S.A. ~ 5511(a)
(relating to notification concerning the right to counsel and the appointment of counsel
for the alleged incapacitated person) is not feasible under the circumstances and is
waived for the purpose of the hearing on appointment of an Emergency Limited
Guardian of the Estate of the alleged incapacitated person.
The time and place of hearing on the Petition for appointment of a Permanent
Plenary Guardian of the Estate of the alleged incapacitated person are fixed for
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f ~ , 2009, at f0 r ~ o'clock, ~.M., in the Orphans' Court Division, Court of
Common Pleas of Cumberland County, Pennsylvania.
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At least twenty (20) days written notice of the hearing on appointment of a
Permanent Guardian of her Estate shall be given to Louise Carl, the alleged
incapacitated person, by serving her personally with a copy of the Petition, the Citation
and this Order of Court, together with an explanation of their contents and terms of the
Petition. Additionally, at least twenty (20) days written notice of the Petition and
hearing on the appointment of a Permanent Guardian of the Estate shall also be given to
the following: all persons residing within the Commonwealth who are sui juris and
would be entitled to share in the Estate of the alleged incapacitated person if she were
to die intestate; to the person or institution providing residential services to the alleged
incapacitated person; and to the following other parties in interest:
Such notice of the permanent hearing to persons other than the alleged
incapacitated person shall be made either personally or by registered or certified mail.
BY THE COURT:
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: ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: LOUISE CARL
AN ALLEGED INCAPACITATED PERSON CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-09-0459
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: u~i i uiuy
JUDGE'S INITIALS: KAH
TIME STAMP DATE: 05/19/09
~J RE: PRELIMINARY DECREE
SERVICE TO: WILLIAM KESLER PARALEGAL
SHAUN O'TOOLE ES
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 05/19/09
ENVELOPES PROVIDED BY:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
SERVICE TO: LOUISE CARL
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 05/19/09
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
® CLERK OF ORPHANS COURT
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Deputy
Clerk of Orphans' Court