HomeMy WebLinkAbout02-09-05
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11'\ THE I:'\TERST OF
THE ESTATE A:'\D PERSOI'\ or
HAZEL L. KO"lICH,
Alleged Incapacitated
Person
IN TIlE COURT OF COMNIO:\' PLEAS
OF CU:\IBERLAND COUNTY,
PENNSYLVANIA
ORPHA"IS' COURT DIVISIO"I
EST ATE FILE NO. -,' /,', ". ('" ,J rJ
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PRELli\lI'\\RY DECREE FOR GUARDIANS
Ar\ll '\lOW. this ('[t.!/ day of~.l'itl/( ; U. ,2005, to judicially resolve
Petitill!1er< lequest It)r the clppoinlll1Cllt of a guardian.lt'he court does hereby ORDER
Ar\D DECRE!: the i'ollowing:
, l 1. The Court hearing on the attached petition is scheduled for the 2'z~i/j day of
_If,.. tu,(iLLL<c._' lOOS at ~/, ~rC' , o'clock -.J: .M. (prevailing time). The
hearing \\illl1c4teld hel0re .lud!1e 3'-1-<- "-.J _ in Courtroom No. '1_., located in the
CumberlClnd County lUllrtlh)U,e in CClrlisle. Pennsyh ania.
1 Thl' e'"ll.t direets the issuance of an appropriate citation with rule to show
cause why the abo\ e.eClptioned individual should not be adjudged an incapacitated
person and why the court should not appoint an appropriate guardian.
3. Petitioner shall cause to be served (by personal service) the citation and
petition \\ ith attached notice upon the Alleged Incapacitated Person at least twenty (20)
days prior to the court hearing, The contents and terms of the petition and the notice shall
be explained to the mClximum extent possible in language and terms the Alleged
IneClpacitated l'erson is most likely to understand. An affidavit of service shall be filed
before the heClrill!1 or ol'i'ered as an exhibit at the beginning of the court hearing.
4, At leClst ten ( III) days notice of the petition Clnd hearing shall be givcn by
personal servil'e or certiliedmail to all persons residing in the Commonwealth who are
sui juris Clnd would be entitled to share in the estate of the Alleged Incapacitated Person's
estate ifh~ diL'd illlCSl<ltc.
5. 1','llti')ller shallnotifv the court, in writing, at least seven (7) days prior to
Ihe eoun heo"'lng 1[' eounsel has '.;OT been retained by or on behalf of the Alleged
Inc~lp<lcit~ltl.:d j'Cr:-itll1.
This notice shall also contain all pertinent information which indicates
whether or not counsel should be appointed to represent the Alleged Incapacitated
Person.
6, Thl' ,\Ikgl'd IlIClp'll'italed Persoll shall be present at the cOLIn hearing lInless
it is established that his physical or mental condition would be harmed by his presence, or
it is impossible lor him to be present because of his absence from the Commonwealth,
BY THE COURT:
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IN RE: HAZEL L. KONICH
An alleged incapacitated person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2005-0078
IMPORTANT NOTICE
CIT A TION 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
Margaret J. Snell Blanch and Marilvn L. Tavlor is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. 'I, Cumberland
County Courthouse, Carlisle, Pennsylvania, on February 28 ,2005, at II :00 A.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 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.
I f 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
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. 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.
8);0' "t- .d~\ 2/f'4;~:-! \ /.~c,~//--, "-
lerk, Orphans' Court Division (~
Cumberland County, Carlisle, PA
My Commission Expires I,t Monday,
January, 2006
Date:2-10-05