HomeMy WebLinkAbout05-12-06
MAY 0 !if 2006
i
Kirk S. Sohonage, Esquire
SCHUTJER BOGAR LLC
305 North Front Street, Suite 401
Harrisburg, PA 17101
(717) 909-8160
.)
IN THE COURT OF COMMON PLEAS - CUMBERLAND COUN)'Y
ORPHANS' COURT DIVISION
IN RE: HARRY JUDY
An Alleged Incapacitated Person
O.C. No.
~/_ /l~ _ ();~5i
PRELIMINARY DECREE AWARDED - CITATION AWARDED-
PERMANENT PLENARY GUARDIAN OF PERSON AND ESTATE
IIp;.
AND NOW, this day of
P1~
, 2006, upon
consideration of the annexed Petition for Adjudication of Incapacity and Appointment
of Permanent Plenary Guardian of the Person and Estate, it is hereby Ordered and
Decreed that:
1. A citation is awarded, directed to Harry Judy, an alleged incapacitated, to
show cause why he should not be adjudicated an incapacitated person and why a
PERMANENT PLENARY GUARDIAN of his person and estate should not be
appointed; the hearing thereon to be held in courtroom .3 , Cumberland County
Courthouse, Carlisle, P A on .:r ~ I ~
)
, 2006 at I. 0 "
0' clock ~.M.
.Q3
2. Petitioner shall cause to be served (by personal service) the Citation with
Notice and Petition, pursuant to the Provisions of 20 Pa. c.s. 9 5511 (a), upon the alleged
incapacitated person at least twenty (20) days prior to the court hearing for the
Permanent Plenary Guardianship of the Person and Estate. The contents and terms of
the Citation with Notice and Petition shall be read and explained to the maximum
extent possible in language and terms the alleged incapacitated is most likely to
understand, in accordance with the Provisions of 20 Pa. c.s. 9 5511(a). An affidavit of
service containing specific averments of the above requirements shall be presented at
the beginning of the court hearing.
3. At least twenty (20) days prior notice of the court hearing together with a
copy of the Petition shall be given personally or by first-class, certified mail, return
receipt requested to all persons who are sui juris and who would be entitled to an
intestate share in the estate of the alleged incapacitated person, to the institution
providing residential services to the alleged incapacitated person, and to
, in accordance with 20 Pa.C.S. 95511(a). An affidavit
of service containing specific averments of the above requirements shall be presented at
the beginning of the court hearing.
4. Petitioner or counsel shall notify the court, in writing, at least seven (7)
days prior to the court hearing if counsel has not been retained on behalf of the alleged
incapacitated person in accordance with 20 Pa. c.s. 9SS11(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.
5. The alleged incapacitated person shall be present at the court hearing
unless it is established by clear and convincing medical evidence that his physical or
mental condition would be harmed by his presence in court in accordance with the
provisions of 20 Pa. c.s. 9SS11(a).
J.
IN RE: HARRY JUDY
IN THE COUKT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An alleged incapacitated person
NO. 21-06-0405
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
HCR MANORCARE-CARLISLE is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No. }, Cumberland
County Courthouse, Carlisle, Pennsylvania, on JUNE 12
,2006, at 1:00 EM. to tell the
Court why it 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)
Date:05-12-2006
.....,':".~...~
~:"~_,,"_'lIiP<""'.'''P
In Re: Matter of HARRY JUDY,
An Alleged Incapacitated Person
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYL VANIA
NO. 21-06-0405
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE:
05-11-06
Deleted: 05-11-06
JUDGE'S INITIALS: E.E.G.
TIME STAMP DATE: 05-12-06
IN RE: PRELIMINARY DECREE
SERVICE TO:
HARRY JUDY: DONALD JUDY: CHRISTY A. LONG
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
CSI USPS
DRRR
o HAND DELIVERED
o OTHER_
X PETITIONER
JUDGE
CLERK OF ORPHANS COURT
MAILED: 05-12-06
SERVICE TO:
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
USPS
DRRR
o HAND DELIVERED
o OTHER
o PETITIONER
JUDGE
o CLERK OF ORPHANS COURT
MAILED:
~~~
Clerk of Orphans' Court