HomeMy WebLinkAbout08-05-05
~ECEIVED AUG 03 20llS d-
IN RE: NELLIE TABB
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PA
REGISTpR OF WILLS
NO. ~I-05 -()IQ~ ,_
PRELIMINARY DECREE
AND NOW, this ~ day of ~ 2005, upon consideration of the
Petition for Adjudication of Incapacity and Appointment of a Guardian over the Person
and Estate of Nellie Tabb, it is hereby ORDERED and DECREED that:
1. A citation is awarded, directed to Nellie Tabb, to show cause why she
should not be adjudged an incapacitated person and why a plenary guardian over her
person and estate should not be appointed; the hearing thereon to be held in Court Room
~, Cumberland County Courthouse, Carlisle, Pennsylvania, on ~ ~
2005, at ~ o'clock, ~m. The citation shall be returnable 30 days after service.
2. Petitioner shall cause to be served by personal service the Citation and
Petition, together with an attached Notice pursuant to the provisions of 20 Pa. C.S.A. ~
5511(a). An affidavit of service containing specific averments as to the above
requirements shall be presented at the beginning of the Court hearing.
3. At least twenty days prior notice of the Court hearing, together with a
copy of the Petition, shall be given personally or by certified mail to all persons who are
sui juris and who would be entitled to share in the estate of the alleged incapacitated
person if she died intestate, in accordance with the provisions of20 Pa. C.S.A. ~ 551 1 (a).
4. Petitioners and/or counsel for Petitioners shall notify the Court, in writing,
at least seven days prior to the Court hearing if counsel has not been retained by or on
behalf of the alleged incapacitated person in accordance with the provisions of 20 Pa.
V{;
C.S.A. S 5511(a). This notice shall also contain all pertinent information which would
indicate to the Court whether or not counsel should be appointed to represent the interests
of the alleged incapacitated person.
S. The alleged incapacitated person shall be present at the Court hearing
lmless it is established by clear and convincing medical evidence that her physical or
mental condition would be harmed by her presence in Court in accordance with the
provisions of20 Pa. C.S.A. 9 SSll(a).
BY)JIE COURT:
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'8
IN RE: NELLIE TABB
An alleged incapacitated person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2005-0681
IMPORTANT NOTICE
CITATION 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
Beverlv Enterprises - Pennsylvania. Inc. ("Beverly") known as Beverly Healthcare
is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. 2., Cumberland
County Courthouse, Carlisle, Pennsylvania, on September 7 , 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.
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:8-5-05
By:
Cl rk, Orphans' Court Division
Cumberland County, Carlisle, PA
My Commission Expires 1st Monday,
January, 2006
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