HomeMy WebLinkAbout08-11-10IN RE: VIOLA ROSE WHITLEY IN THE COURT OF COMMON PLEAS
An Alleged Incapacitated Person :CUMBERLAND COUNTY, PENNSYLVANIA
CNIL DOCKET NO.: 21-10-0768
ORPHANS' COURT DIVISION
MOTION TO AMEND SCOPE OF APPOINTMENT
AND NOW comes Mark F. Bayley, Esquire, and in support of the within motion avers as
follows:
1. The Honorable Albert H. Masland is assigned to the within matter.
2. A petition for appointment of emergency guazdian in relation to Viola Whitley was
filed July 29, 2010.
3. The undersigned was appointed as "guardian ad litem" for Ms. Whitley by Order
dated August 5, 2010.
4. 20 Pa.c.s § 5511(a) gives the Court authority to appoint "counsel" upon its discretion
to represent the alleged incapacitate person.
5. It appears that the Court has authority to appoint a guardian ad litem or guardian only
upon a finding that the relevant party is an incapacitated person. See 20 Pa.C.S.
§5511 and Pa.R.C.P. 2051 et seq. (Incapacitated persons as parties).
6. The appointment as guazdian ad litem appears to bestow fiduciary duties upon
undersigned counsel which cause liability concerns.
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WHEREFORE, counsel requests that the Order of August 5, 2010 be amended to appoint
the undersigned as "counsel" to Viola Whitley rather than "guardian ad litem" to Viola Whitley.
Respectfully submitted,
BAYLEY & MANGAN
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Date: ~/
Mark F. Bayley, Esquire
17 West South St.
Carlisle, PA 17013
(717)241-2446
Supreme Court I.D. # 87663
VERIFICATION
Mazk F. Bayley, Esquire, states that he is the attorney in relation to the within matter; that
he makes this affidavit as attorney because he has sufficient knowledge or information and
belief, based upon his investigation of the matters averred or denied in the foregoing document;
and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to
unsworn falsification to authorities.
Date: ~ i ~ ' ~ l
l Mark F. Bayley, Es uire
IN RE: VIOLA ROSE WHITLEY IN THE COURT OF COMMON PLEAS
An Alleged Incapacitated Person :CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DOCKET NO.: 21-10-0768
ORPHANS' COURT DIVISION
CERTIFICATE OF SERVICE
I, Mazk F. Bayley, Esquire, do hereby certify that I this day served a copy of the
foregoing document upon the following by first class mail:
Jason Kutulakis, Esquire
2 West High Street
Carlisle, PA 17013
Hubert Gilroy, Esquire
10 East High Street
Cazlisle, PA 17013
Mazk F. Bayley, Esquire
Dated: ~~ ~ 1 ~ I