HomeMy WebLinkAbout10-16-06 (2)
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IN RE: MONICA L.
KENDALL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-2006-848 ORPHANS' COURT
ORDER OF COURT
AND NOW, this 16th day of October, 2006, upon consideration of the Petition for
Adjudication of Incapacity and Appointment of a Guardian in the above-captioned
matter, it is ordered and directed as follows:
1. A hearing on the petition is scheduled for Friday, November
3, 2006, at 9:30 a.m., in Courtroom No.1, Cumberland County
Courthouse, Carlisle, Pennsylvania;
2. Petitioner shall be responsible for all notifications required by
law with respect to the petition and the hearing;
3. Leslie Tomeo, Esq., is appointed to represent the allegedly
incapacitated person;
4. No other relief will be granted at this time.1
BY THE COURT,
R. Mark Thomas, Esq.
101 South Market Street
Mechanicsburg, P A 17055
Attorney for Petitioner
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1 See 20 Pa. C.S. S5511(d); In re Porter's Estate, 463 Pa. 411, 415, 345 A.2d 171, 173 (l97~ In re ; I
Hyman, 2002 PA Super. 357, '6,811 A.2d 605, 608.
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Leslie Tomeo, Esq..
155 South Hanover Street
Carlisle, P A 17013
Court-appointed Attorney
For Monica Kendall
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IN RE: MONICA L. KENDALL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
An alleged incapacitated person
NO. 21-06-0848
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
Barbara Kendall is attached.
You are hereby ordered to appear at a hearing to be held in Court Room No.1, Cumberland
County Courthouse, Carlisle, Pennsylvania, on November 3 ,2006, at 9:30 AM. 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
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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: 10/16/06
By:
Clerk, Orphans' Court Division
Cumberland County, Carlisle, P A
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January, 2010