HomeMy WebLinkAbout01-04-12-i ..
IN RE: FRANCES STANBERRY
An Alleged Incapacitated Person
On the Petition of FINESSE COBB
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
NO. ,~~~ ~~~ 1~~1
TO: FRANCES STANBERRY =? -
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PRELIMINARY DECREE ;''c~~
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AND NOW, this ay of~.1~9 /~ . , 2012, upon consideration of the axed'
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Petition for Adjudication of Incapacity and the Appointment of Plenary Guardiap, the Estate
and Person, it is hereby ORDERED and DECREED that:
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1. A citation is awarded, directed to FRANCES STANBERRY to show cause why
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she should not be adjudged an incapacitated person and why a plenary guardian of her estate and
person should not be appointed; the hearing thereon to be held on ~~'V"'~ 1~ at ~1`1S"14.m.
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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.A. §5511(a) upon the alleged incapacitated
person at least twenty (20) days prior to the court hearing. 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 persons is most likely to understand in accordance
with the provisions of 20 Pa. C.S.A. §5511(a). An affidavit of service containing specific
averments as to the above requirements shall be presented at the beginning of the court hearing.
3. At least twenty (20) days' notice of the court hearing together with a copy of the
petition shall be given personally or by certified mail to all persons who are not under any legal
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disability and who would be entitled to share in the estate of the alleged incapacitated person if
she died intestate, and to the person or institution providing residential services to the alleged
incapacitated person, in accordance with the provisions of 20 Pa. C.S.A. §5511(a).
4. Petitioner and/or counsel for the 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 in accordance with the provisions of 20 Pa. C.S.A. §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.A.
§5511(a).
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In Re: FRANCES STANBERRY
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-11-1371
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: O 1-03-2012
JUDGE'S INITIALS: EEG
TIME STAMP DATE: 01-04-2012
IN RE: PRELIMINARY DECREE
SERVICE TO: ELIZABETH PLACE FINESSE COBB
FRANCESSTANBERRY CHARLES LEVY
GOLDEN LIVING CENTER
METHOD OF MAILING: ENVELOPES PROVIDED BY:
® USPS ®PETITIONER
^ RRR ^ JUDGE
^ HAND DELIVERED ^ CLERK OF ORPHANS COURT
^ OTHER
MAILED: 1 /4/2012
METHOD OF MAILING:
^ USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED:
ENVELOPES PROVIDED BY:
^ PETITIONER
^ JUDGE
^ CLERK OF ORPHANS COURT
Depu
Clerk of Orphans' Court