HomeMy WebLinkAbout02-02-10JAN 2~ ~~~v
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: LOUISE CARL,
An Alleged Incapacitated Person
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O.C. No. 2109-0459~~ ~
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PRELIMINARY DECREE AWARDED -CITATION AWARDED -
PERMANENT PLENARY GUARDIAN OF PERSON AND ESTATE
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AND NOW, this lAt day of c~~ ,t/1~.i ~1c~1. , 2010, upon
consideration of the annexed Petition for Adjudication of Incapacity and Appointment
of Permanent Plenary Guardian of the Person and Estate of Louise Carl, it is hereby
Ordered and Decreed that:
1. A citation is awarded, directed to Louise Carl, 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 No. `~ ,Cumberland
County Courthouse, Carlisle, Pennsylvania on ~2Q,,~iC~ l o~ , 2010 at
oZ: 3Q,'clock ~ .M.
2. Petitioner shall cause to be served (by personal service) the Citation with
Notice and the Petition, pursuant to the Provisions of 20 Pa. C.S. ~ 5511(a), upon the
alleged incapacitated person at least twenty (20) days prior to the court hearing for the
Permanent Plenary Guardianship of Person and Estate. The contents and terms of the
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Citation with Notice and Petition shall be read and explained to the maximum extent
possible in language and terms the alleged incapacitated is most likely to understand, in
accordance with the provisions of 20 Pa. C.S. ~ 5511(a). An affidavit of service
containing specific averments of the above requirements shall be presented at the
beginning of the court hearing.
3. 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 mail, 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 Brian D.
Brooks d/b/a Pennsylvania Guardianship Association, in accordance with 20 Pa.C.S. ~
5511(a). An affidavit of service containing specific averments of the above requirements
shall be presented at the beginning of the court hearing.
4. 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.
5. 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. C.S. ~ 5511(a).
BY THE COURT: