HomeMy WebLinkAbout01-26-05
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IN RE: BENJAMIN LONG FREET : IN THE COURT OF COMMON PLEAS OF
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: CUMBERLAND COUNTY, PENNSYLVANIA
PETITION OF: ORPHANS COURT DIVISION
FRANCES E. FREET NO: .;< I - G 'j- - 00':;-::;'"
IN INCAPACITY
PRELIMINARY DECREE FOR GUARDIAN
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AND NOW, this ~()day of CULliM~) 2005 it is hereby ORDERED AND
DECREED as follows:
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'. ,,1. The Court hear~ng on the attached Petition is scheduled for '11\:.)\ <"'10 Jr day of
-j ))YU~,t.0 }JB, 2005 at' LA~ o'clock -f- ,m. The hearing will be held bet1 re Judge
I) X " , \\s.;,\ in Courtroom No. ~, located at the Cumberland County Courthouse, Carlisle,
P ennsy I vlmia\!j 70 13 .
2. The Court directs the issuance of an appropriate citation with Rule to Show Cause why
the above-captioned individual should not be adjudged an Incapacitated Person and why the Court
should not appoint appropriate guardian.
3. Petitioner shall cause to be served (by personal service) the Citation and Petition with
attached Notice upon the alleged incapacitated person at least twenty (20) days prior to Court hearing.
The contents and terms of the Petition and Notice shall be explained to the maximum extent possible in
language and terms the alleged incapacitated person is most likely to understand. An affidavit of service
shall be filed before the hearing or offered as an exhibit at the beginning of the Court hearing.
4. At least ~ days notice ofthe 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, 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 that indicates whether or not couns". ou~ appointed to
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repr=nt the alleged incapacitated person.
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IN RE: BENJAMIN LONG FREET IN THE COURT OF COMMON PLEAS OF
An allegcd incapacitated person CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2005-0052
IMPORTANT NOTICE
CITATION WITH NOTICE
A petition has been filed with thc 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 tIled by
Frances E. Freet is attached.
You are hereby ordered to appear at a hcaring to be held in Court Room No. ~, Cumbcrland
County Courthouse, Carlislc, Pennsylvania, on Mondav. Februarv 28, ,2005, at 3:00 P.M. to tell the
Court why is 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 moncy and/or other propcrty, 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 requcst 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 YOll, based on the nature of any condition or disabil ity and your capacity to
make and communicate decisions. The Guardian will be of your person and/or your
money and other property and will have either limited of 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 to other property. Ifthe
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 attomey representing you)
the eourt will still hold the hearing in your absence and may appoint the Guardian requested.
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Date: 1-26-05 By: tU10U Ft\\)ll t WlIlJi-/w 'J
Clerk, Orphans' Court Division pc; i'll I iUC
Cumberland County, Carlisle, P A i ill'+7
My Commission Expires 1 sl Monday,
January, 2006 P f-