HomeMy WebLinkAbout09-07-05
INRE:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
RAY WINGARD, SR., : ORPHANS' COURT DNISION
An alleged incapacitated person:
: NO. 21-05-0792
ORDER OF COURT
AND NOW, this -:;.. day of September, 2005, after a hearing, the Court finds
that Ray Wingard, Sr. is an incapacitated person and the Area Agency on Aging, in and
for Cumberland County, Pennsylvania is hereby appointed Emergency Plenary Guardian
of the Person and Estate of Ray Wingard, Sr., pending a [mal hearing on this Petition,
with such Emergency Plenary Guardians having full power to place him in a nursing
home or other appropriate facility.
The Court further finds that the emergency necessitating the filing ofthis Petition
will continue beyond seventy-two (72) hours from the date of this Order and counsel for
Ray Wingard, Sr. waives the requirement for filing a Petition to Extend upon the
expiration of the seventy-two (72) hour period of this Order.
The Court directs Maryann Wingard to fully cooperate with the Area Agency on
Aging in providing any and all documentation and assistance necessary to complete a
medical assistance application for Ray Wingard, Sr.
A hearing on the issue of appointing Permanent Plenary Guardians of the Person
and Estate of Ray Wingard, Sr. is scheduled for Fridav. September 30. 2005, at 3:00
P.M. in Courtroom # 1., on the 4th Floor, Cumberland County Courthouse, Carlisle,
Pennsylvania.
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tJ.~-/Jl- Attorney for the Area Agency on Agmg
MichaeIJ. Whare, Esquire q {rr I D 5 ~ l.ft>
Court Appointed for Ray Wingard, Sr.
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INRE: : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
RAY WINGARD, SR., : ORPHANS' COURT DIVISION
An alleged incapacitated person:
: NO. 21-05-0792
ORDER OF COURT
AND NOW, this -:f ~ day of September, 2005, after a hearing, the Court finds
that Ray Wingard, Sr. is an incapacitated person and the Area Agency on Aging, in and
for Cumberland County, Pennsylvania is hereby appointed Emergency Plenary Guardian
ofthe Person and Estate of Ray Wingard, Sr., pending a final hearing on this Petition,
with such Emergency Plenary Guardians having full power to place him in a nursing
home or other appropriate facility.
The Court further finds that the emergency necessitating the filing of this Petition
will continue beyond seventy-two (72) hours from the date ofthis Order and counsel for
Ray Wingard, Sr. waives the requirement for filing a Petition to Extend upon the
expiration of the seventy-two (72) hour period of this Order.
The Court directs Maryann Wingard to fully cooperate with the Area Agency on
Aging in providing any and all documentation and assistance necessary to complete a
medical assistance application for Ray Wingard, Sr.
A hearing on the issue of appointing Permanent Plenary Guardians of the Person
and Estate of Ray Wingard, Sr. is scheduled for Fridav. Seotember 30. 2005, at 3:00
P.M. in Courtroom # ~ , on the 4th Floor, Cumberland County Courthouse, Carlisle,
Pennsylvania. Ad
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C~t' AnthonyL.DeLuca,Esquire . 4fl1N~ \)1JlJiZRe1> q{'1{05 lc'd~(05
~ _ _ Attorney for the Area Agency on Agmg
Michael J. Whare, Esquire q (r! /15 ~ lJ1>
Court Appointed for Ray Wingard, Sr. q (g 05
...DR Area Agency on Aging ~ D DE1.l1J el<ED q /1/ oS-
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IN RE: RAY WINGARD SR. : IN THE COURT OF COMMON PLEAS OF
An alleged incapacitated person : CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
: NO. 21-2005-0792
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 Area
Agencv on Aging is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No.~, Cumberland
County Courthouse, Carlisle, Pennsylvania, on September 30 ,2005, at 3:00 rM. 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 a d may appoint the Guardian requested.
Date:09-08-05 By'
C rk, Orphans' Court Division
Cumberland County, Carlisle, PA
My Commission Expires I st Monday,
January, 2006