HomeMy WebLinkAbout02-25-11IN THE COURT OF COMMON PLEAS OF ~- .~
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ESTATE OF DOROTHY E. WERNER, C7 ~ 'T1
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AN ALLEGED INCAPACITATED PERSON ~ ~ r ^ ~n co
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PRELIMINARY DECREE AWARDED -CITATION AWARDED -
PERMANENT PLENARY GUARDIAN
AND NOW, this a 7 , day of c~ , 20 // ,upon
consideration of the attached Petition for Adjudication of Incapacity and Appointment of a
Permanent Plenary Guardian of the Person and Estate of Dorothy E. Werner, it is hereby Ordered
and Decreed that:
1. A Citation is awarded, directed to Dorothy E. Werner to show cause why she
should not be adjudicated an incapacitated person and why a PERMANENT PLENARY
GUARDIAN of her person and her estate should not be appointed; the hearing thereon to be held
in courtroom Y Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on
~'YLp~4.~ a~ ~ , 20// at 3~ 4 d o'clock ~.M.
2. Petitioner shall cause to be served (by personal service) the Citation with Notice
and 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. The contents and terms of the Citation with Notice and Petition shall be read and
explained to the maximum extent possible in language and terms the alleged incapacitated
person 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, by U.S. First Class Mail, or by FedEx Overnight or 2-Day
to all persons who are sui juris, reside within the Commonwealth of Pennsylvania, 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
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. 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).
5. The Court hereby appoints < l ~./~.~2.c~,~ to act as
counsel for the alleged incapacitated person.
ATTEST:
Clerk of the Orphans' Court
BY THE COURT:
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IN RE: Dorothy E.Werner, An Alleged Incapacitated 1N THE COURT OF COMMON PLEAS
OF :CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-11-0239
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with the Court to have you declared an Incapacitated Person. If the
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 the
petitioner, HCR Manor Care Camp Hill is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. 4, Cumberland
County Courthouse, Carlisle, Pennsylvania, on March 24, , 2011, at 3:00 A.M. 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
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make and communicate decisions. The Guardian will be of your person and/or your
money and other property and will have either limited or 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 or 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 and may appoint the Guardian requested.
Date:02/25/11 By:
Cl k, Orphans' Court Division
Cumberland County, Carlisle, PA
My Commission Expires 1St Monday,
January, 2014
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: DOROTHY E WERNER, An Alleged Incapacitated CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-11-0239
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE:
IN RE:
SERVICE TO: Benjamin J. Glatfelter
HCR Manor Care Camp Hill
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 2-25-11
SERVICE TO:
ENVELOPES PROVIDED BY:
® PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
Deputy
Clerk of Orphans' Court