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HomeMy WebLinkAbout03-07-05 INRE: ESTATEOF BEVERLY A. BEARD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION NO. 21-05-202 ORPHANS' COURT IN RE: PETITION PURSUANT TO SECTION 5511 OF THE PROBATE. ESTATES AND FIDUCIARY CODE TO ADJUDICATE BEVERLY A. BEARD TO BE INCAPACITATED AND TO APPOINT A GUARDIAN FOR HER PERSON AND HER ESTATE AMENDED ORDER OF COURT AND NOW, this 4th day of March, 2005, the prior order of court filed on March 4, 2005, in the above-captioned matter is amended to reflect that the hearing is scheduled for Tuesday, March 29, 2005, at 3:00 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. Michael M. Gerominski, Esq" is hereby appointed to represent Beverly A. Beard, the alleged incapacitated person, at the above hearing. BY THE COURT, 1 '/)L, (I l . Jf Wesley Ole!, r., J. Ralph H. Wright, Jr., Esq. 30 I Market Street P.O. Box 109 Lemoyne, P A 17043 Attorney for Holy Spirit Hospital " .' Donald L. Stoner 1918 North Third Street Harrisburg, P A C-,.) (,,", Michael M. lerominski, Esq. 28 S. Pitt Street Carlisle, P A 17013 Attorney for Beverly A. Beard :rc IN RE: ESTATE OF BEVERLY A. BEARD IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-05-202 ORPHANS' COURT IN RE: PETITION FOR THE APPOINTMENT OF EMERGENCY GUARDIAN OF THE PERSON snpULAnONOFCOUNSR AND NOW, come the undersigned counsel in this case and stipulate and agree as follows: 1. That the alleged incapacitated person, Beverly A. Beard, is scheduled to have a percutaneous gastrostromy performed today, to enable her to be fed; 2. Beverly A. Beard is scheduled to have a tracheostomy performed during the week ending March 12, 2005, to permit the removal of the endotracheal tube which is currently in place, to permit continuing support of her respiratory function by a mechanical ventilator and to permit attempts at weaning her from the mechanical ventilator. 3. Beverly A. Beard continues to require intensive medical treatment, and will require continued direction of her medical treatment. 4. Failure to continue the appointment of an emergency guardian for the person of Beverly A. Beard will result in irreparable harm to the person of Beverly A. Beard. JOHNSON, DUFFER, STEWART & WEIDNER B~~'uir~~ 301 Market Street . ,. P.O. Box Lemoyne, PA 17043 Attorney for Petitioner _..f DATE: March 7, 2005 TURO LAW OFFICES ;}1 J1AA ' - By: 1'1t'~ IrVI. ~ Michael M. Jeromins I, Esquire 28 South Pitt Street Carlisle, PA 17013 Attorney for Respondent ,-,) CC1 DATE: March 7, 2005 :246181 IN RE: BEVERLY A. BEARD An alleged incapacitated person IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2005-202 IMPORTANT NOTICE CITATION WITH NOTICE A petition has been filed with the Court to have you declared an Incapacitated Person. Ifthe 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 Holv Spririt Hospital is attached. You are hereby ordered to appear at a hearing to be held in Court Room No.1, Cumberland County Courthouse, Carlisle, Pennsylvania, on Tuesdav. March 29 ,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 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 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. Date:03-07-2005 By: Cle k, Orphans' Court Division Cumberland County, Carlisle, P A My Commission Expires I st Monday, January, 2006