HomeMy WebLinkAbout02-24-06
IN RE: DAVID F. HECKENDORN
An alleged incapacitated person
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-06-0155
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
MAR Y ANNE HECKENDORN is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. ~, Cumberland
County Courthouse, Carlisle, Pennsylvania, on February 28 ,2006, at 2:00 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 atlord 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. Ifthe
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 an may appoint he Guardian requested.
Date:02/24/06
By:
CI k, Orphans' Court Division
Cumberland County, Carlisle, P A
My Commission Expires 151 Monday,
January, 2010
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
NINTH JUDICIAL DISTRICT OF PENNSYLVANIA
ORPHANS'S COURT DIVISION
In Re: DAVID F. HECKENDORN
An alleged incapacitated person
No.: 21-06-0155
GUARDIANSHIP-INCAPACITATED PERSON
PRELIMINARY DECREE
1~
AND NOW, this 1..'-\ day of February, 2006, in consideration of the petition of
Mary Anne Heckendorn through her Counsel, Nathan Wolf, Esquire, IT IS ORDERED
AND DIRECTED that a Citation be awarded, directed to David F. Heckendorn to show
cause why an Emergency Plenary Guardian of his Person and Estate should not be
appointed, and why he should not be adjudged an incapacitated person.
The time and place of hearing on the Petition for Appointment of Emergency
Plenary Guardian of the Person and Estate of the alleged incapacitated person is fixed
for February 28, 2006 at 2:00 p.m. in Courtroom NO.5 on the 4th Floor of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
The alleged incapacitated person shall be given notice of the hearing by serving
him personally with the Citation, and this Order of Court, and a copy of the Petition prior
to the time of such emergency hearing.
The Court finds that the following additional notice to others of the hearing on
appointment of emergency plenary guardian of the alleged incapacitated person is
feasible under the circumstances and directs that same be attempted to be made upon
the following persons in the following manner: Fred M. Heckendorn and
Darin G. Heckendorn by first class United States mail.
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Leslie Tomeo, Esquire shall be appointed to represent David F. Heckendorn, the
alleged incapacitated person.
By the Court,
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M. L. Ebert, Jr.,
Nathan Wolf, Esquire
Attorney for Petitioner
Leslie Tomeo, Esquire
Attorney for David Heckendorn
Cumberland County Prison
Cumberland County Sheriff
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ENVELOPE(S) BY:D Petitioner
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METHOD OF MAILING:
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Deputy Clerk of orp~ Court
Clerk of the Orphans' Court
TRANSMISSION VERIFICATION REPORT
TIME 02/24/2006 16:18
NAME
FAX
TEL
DATE, TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
02/24 16:17
92458792
00:01:03
05
OK
STANDARD
ECM
Marjorie A. Wevodau
First Deputy
One Courthouse Square
Carlisle, P A 17013
Glenda Farner Strasbaugh
Register of Wills &
Clerk of Orphans' Court
Kirk S. Sohonage, Esq.
Solicitor
Phone: (717) 240-6345
Fax: (717)240-7797
OFFICES OF
Register of Wills and Clerk of the Orphans' Court
County of Cumberland
FACSIMILE TRANSMITTAL SHEET
TO:
Records.
FROM:
Margie Wevodau
COMPANY'
PIIONE:
717-240-7766
h\X NUMBER:
245-8792
DATE:
February 24, 2006
RE'
TOTAL NO. Of' PAGES INCLUDING COVER:
D URGENT
D FOR REVIEW D PLEASE COMMENT D PLEASE REPLY
D PLEASE RECYCLE
JUDGE EBERT COPIED THE PRISON ON THIS ORDER.