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HomeMy WebLinkAbout12-18-09IN ~ ~ IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA DENNISON H. BAKER, :ORPHANS' COURT DIVISION An alleged incapacitated person N0.21-09-1078 MOTION TO CONTINUE HEARING AND NOW COMES the Petitioner, Jeffrey W. Baker, by his attorney, Anthony L. DeLuca, Esquire who moves as follows: . ~ , c ~ 4~. + The Moving Party, Jeffrey W. Baker, is the Petitioner in this matter " ; ` , . , , _ ~ -ra , . , _' --+ .. _ .. cn , ~ ~_-, ,~ On November 19, 2009, a Petition for the Appointment of Permanent Plenar ~ y Guardians of the Person and Estate of Dennison H. Baker was filed by his brother, Jeffrey W. Baker. 3. A Hearing on the above mentioned Petition was scheduled to be heard on Friday, December 18, 2009. 4. The psychological evaluation for Dennison H. Baker did not occur prior to the date of the Hearing and is now scheduled during the week of Christmas. 5. To hold a Hearing without the psychological evaluation would necessitate the holding of a second Hearing and, as a result, the Moving Party believes and, therefore avers, that a continuance of the Hearing scheduled for December 18, 2009 until after the results of the psychological evaluation are received is warranted so that such information is available to determine the issue of capacity. 6. Counsel for Dennison H. Baker does not oppose the request for continuance set forth in this Motion. WHEREFORE, the Moving party, Jeffrey W. Baker, respectfully request that the Motion to Continue this matter be granted until the results of the psychological evaluation are received. Respectfully Submitted, ~. .~ Anthony L. DeLuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 Attorney for Petitioner