HomeMy WebLinkAbout02-25-15 IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
IN THE MATTER OF ORPHANS' COURT DIVISION
MICHAELANN E. BYRNE
An Alleged Incapacitated Person No.
PRELIMINARY DECREE
AND NOW, this -�4-/,Pbday of , 20�,�' , it hereby ordered and decreed
that:
1. A hearing on the attached petition is scheduled for C /vim at co M.
in Courtroom No. s', Cumberland County Courthouse, 1 Courtouse Square, Carlisle,
Pennsylvania.
2. The Clerk shall issue a citation upon the alleged incapacitated person to show cause why he
or she should not be adjudged an incapacitated person and why the Court should not appoint
a guardian of his or her estate and/or a guardian of his or her person.
3. At least 20 days prior to the hearing, personal service of the citation and copies of the petition
and this preliminary decree shall be made upon the alleged incapacitated person. The
contents and terms of the petition shall be explained to the alleged incapacitated person 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 hearing.
4. At least 20 days prior to the hearing, notice of the petition and hearing shall be given to (i) all ,
persons residing within the Commonwealth who are sui juris and would be entitledjo share
in the estate of the alleged incapacitated person if he or she died intestgtg at that tib, (i*9
the person or institution providing residential services to the alleged in9mitated prso�'M
any, and (iii) to the parties designated below, if any: c
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Such notice shall be given by means of personal service or certified mail. An affidavit of service
shall be filed before the hearing or offered as an exhibit at the beginning of the hearing.
5. At least 7 days prior to the hearing, the petitioner shall notify the Court, in writing, if counsel
has not been retained by or on behalf of the alleged incapacitated person. If counsel has not
been retained by or on behalf of the alleged incapacitated person, such notice shall contain
any pertinent information that may indicate the Court should appoint counsel to represent the
alleged incapacitated person.
6. The alleged incapacitated person shall be present at the hearing unless (i)the Court is
satisfied, upon the deposition or sworn statement by a physician or licensed psychologist,
that his or her physical or mental condition would be harmed by his or her presence, or(ii) it
is impossible for him or her to be present because of his or her absence from the
Commonwealth.
BY THE COURT:
J.
ORPHANS' COURT DIVISION
Y
COURT OF COMMON PLEAS OF
In.Re: MICHAELANN E BYRNE CUMBERLAND COUNTY
PENNSYLVANIA
NO.21-15-0163
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 2/24/2015
JUDGE'S INITIALS: CLP
TIME STAMP DATE: 02/25/2015
IN RE: PRELIMINARY DECREE
...............................
SERVICE TO: ADAM R DELUCA 61 WEST LOUT14ER ST CALRISLE PA 17013
MICHAELANN BYRNE 4 EVERGREEN LANE MECH PA 17050
GREGORY& SHERRY BYRNE 4 EVERGREEN LANE MECH PA 17050
BAYADA HOME HEALTH CARE COURTNEY KELLER 5001 LOUISE DR SUITE 203 MECH PA 1.7055
METHOD OF MAILING: ENVELOPES PROVIDED:BY:
®USPS ®PETITIONER
❑ RRR ❑ JUDGE
❑ HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED: 2/25/2015
...............................................................
SERVICE TO:
METHOD OF MAILING: ENVELOPES:PROVIDED BY:
❑ USPS ❑ PETITIONER
❑ R:RR ❑ JUDGE
❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT
❑ OTHER
MAILED:
ep to y
Clerk of Orphans' Court