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HomeMy WebLinkAbout02-26-10• ~, IN RE: HARRY W. PREIS, an Alleged Incapacitated Person C~~pp t~s ~f LiD ~ ~'~U a ~j~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No.~i-io n~7o PRELIMINARY DECREE AND NOW, this ~~ day of ~ ~ ~,~~ , 2010, upon consideration of the Petition for the Appointment of a Plenary Guardian of the Person and Estate of an Alleged Incapacitated Person, namely Harry W. Preis, filed by Petitioner Nancy Reist Preis, the following is hereby ORDERED AND DECREED: 1. A Citation shall be issued to Harry W. Preis to show cause why he should not be adjudged an incapacitated person and a plenary guardian of his estate be appointed, returnable on ~`~ ~ ~~~~ rC , ~t G/ '~'~ o'clock, ~}" M. prevailing time. 2. A hearing on the Petition of Nancy Reist Preis is scheduled for the aZ,D / C ~_ day of , 2669, at ~ ~ ~~ o'clock ~.M. (prevailing time). The hearing will be held in Courtroom No. ,located in the Cumberland County Courthouse in Carlisle, Pennsylvania. ~ © ~°- a ~, _~' -rr i ~ ~ 3. Petitioner shall cause to be served (by personal service) the-~ion~? :.-.. cry ~ ~ and Petition with attached Important Notice upon the alleged incapacit~~~person at least twenty (20) days prior to the court hearing. The contents and ter-~~s of t~ `~ .. 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. -r \ ~> _~, .. *_, r.; c ..~ . --. ..:_ An affidavit of service shall be filed before the hearing or offered as an exhibit at the beginning of the hearing. 4. At least a?~" days notice of the Petition and hearing shall be given by personal service or certified mail to all persons residing in the Commonwealth who are sui juris and would be entitled to share in the estate of the alleged incapacitated person's estate if he 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 shall also contain all pertinent information which indicates whether or not counsel should be appointed to represent the alleged incapacitated person. 6. The alleged incapacitated person shall not be required to be present at the court hearing since it has been established by his physician that his physical and mental condition would be harmed by his presence at the hearing. BY THE COURT: r r~ J J dge ~ '~ DISTRIBUTION: Todd F. Truntz, Esquire, Keefer Wood Allen & Rahal, LLP, 635 N. 12th Street, Suite 400, Lemoyne, Pennsylvania, 17043 2 ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: HARRY W. PREIS AN ALLEGED INCAPACITATED PERSON CUMBERLAND COUNTY PENNSYLVANIA NO. 21-10-0170 CERTIFICATE OF SERVICE OF ORDER ORDER DA1~E: 02-24- I 0 JUDGE'S INITIALS: JWO TIME STAMP DATE: 02/26/ I O IN RE: PRELIMINARY DECREE SERVICE TO-: TODD TRUNTZ ESO/ELYSE ROGERS ESQ NANCY REIST PREIS METHOD OF MAILING: ® USPS ^ RRR ^ HAND DELIVERED ^ OTHER MAILED: 02-26-10 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 Deputy Clerk of Orphans' Court