HomeMy WebLinkAbout02-13-13~ ~,
IN RE:
JOAN SCHRADER,
an Incapacitated Person
IN THE CbURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
ORPHANS' COURT DIVISION
R
PRELIMINARY ORDER O COURT
AND NOW, this ~ day of , 2013, upon consideration of the foregoing
Emergency Petition to Adjudicate Joan Schrader an Incapacitated Person and for Appointment of
a Plenary Guardian of her Estate, it is ORDERED and DECREED that a Citation be awarded,
directed to JOAN SCHRADER to show cause why an emergency plenary guardian of her estate
should not be appointed, returnable ~j 2013, at
~~'clock _.M., and
why she should not be adjudged an incapacitated person and a permanent plenary guardian of her
estate should not be appointed returnable ~ Ct.~~, , 2013, at • n b o'clock
~.M., in the Cumberland County Courthouse, Orphans' Court Division.
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The time and place of hearing on the Petition for appointment of an emergency guardian
of the estate of the alleged incapacitated person is fixed for ~ 5 ~~ , 2013 at
:C~ o'clock~.M., in the Cumberland County Courthouse, Orphans' Court Division. ~.
The alleged incapacitated person shall be given notice of the hearing on appointment of
an emergency guardian of her estate by serving her personally with the Citation and this Order of
Court and a copy of the foregoing Petition prior to the time of such emer~ncy hears; [(o~ ~e
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Court finds that service of notice of the hearing on appointment of an em~g~ic~ gu~liat~~n
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the alleged incapacitated person is not feasible under the circumstances a~d r~ rei~e~e, ~mii~d
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pursuant to 20 Pa. C.S. §5513]. n c~ --~ ~ `~
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876382.1
The alleged incapacitated person shall be present at the emergency hearing unless it is
established by clear and convincing evidence that her physical or mental condition would be
harmed by her presence in court in accordance with 20 Pa. C.S.A. §5511(a).
The Court further finds that strict compliance with 20 Pa. C.S. §5511(a) relating to
notification concerning the right to counsel and the appointment of counsel for the alleged
incapacitated person are not feasible under the circumstances and are waived for purposes of the
emergency hearing.
The Court finds that the following additional notice to others of the hearing on
appointment of an emergency guardian of the alleged incapacitated person is feasible under the
circumstances and directs that same be made upon the following persons in the following
manner:
Mr. Gary Fisher
508 Conklin Street
Mechanicsburg, Pennsylvania 17055
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ALL ACCOUNTS, FUNDS OTHER FI~IAL HOLDINGS OF JOAN .'
SCHRADER ARE HEREBY FROZEN UNTIL THE EMERGENCY HEARING ON THIS
MATTER.
The time and place of hearing on the Petition for appointment of a permanent plenary
guardian of the estate of the alleged incapacitated person is fixed for~j G~G~ , 2013, at
o'clock,~.M., in the Cumberland County Courthouse, Orphans' Court Division. ~v,
At least twenty (20) days written notice of the hearing on appointment of a permanent
guardian of her estate shall be given to JOAN SCHRADER, the alleged incapacitated person, by
serving her personally with the Citation and this Order of Court and a copy of the foregoing
Petition together with an explanation of the content and terms of the Petition. Additionally, at
least 10 days written notice of the Petition and hearing on appointment of a permanent guardian
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:
Mr. Gary Fisher
Such notice of the permanent hearing to persons other than the alleged incapacitated
person shall be made either personally or by first class mail
BY THE COURT:
J.
Thon4as A. Placey
Common Pieas fudge
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: JOAN SCHRADER CUMBERLAND COUNTY
PENNSYLVANIA
NO. 13-0168
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 2/13/13
JUDGE'S INITIALS: TAP
TIME STAMP DATE: 2/13/13
IN RE: HEARING ORDER
SERVICE TO: JILLIAN M GOLDEN
JOAN SCHRADER
METHOD OF MAILING:
^ USPS
^ RRR
® HAND DELIVERED
^ OTHER
MAILED: 02/ 14/ 13
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
~~'
e ty
erk of Orphans' Court
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
In Re: JOAN SCHRADER CUMBERLAND COUNTY
PENNSYLVANIA
NO. 13-0168
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
JUDGE'S INITIALS:
TIME STAMP DATE:
IN RE:
2/13/13
TAP
2/13/13
HEARING ORDER
SERVICE TO: JILLIAN M GOLDEN ONE SOUTH MARKET SO PO BOX 1146 HARRISBURG PA 17108
JOAN SCHRADER c/o FOREST PARK HEALTH CARE 700 WALNUT BOTTOM RD CARLISLE
PA 17013
FOREST PARK HEALTH CARE ATTN: Admin 700 WALNUT BOTTOM RD CARLISLE PA 17013
GARY FISHER 508 CONKLIN STREET MECHANICSBURG PA 17055
METHOD OF MAILING:
® USPS
^ RRR
^ HAND DELIVERED
^ OTHER
MAILED: 02/ 14/ 13
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
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ep
rk of Orphans' Court