HomeMy WebLinkAbout09-08-10._
IN RE VIOLA ROSE WHITLEY, IN THE COURT OF COMMON PLEAS OF
An Alleged Incapacitated Person :CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DOCKET NO.: 21-10-0768
:ORPHANS' COURT DIVISION
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AND NOW, come RANDY C. WHITLEY, Sr. and LISA WHITLEY, byd c
attorney, Jason P. Kutulakis, Esquire, ABOM & KUTULAKIS, L.L.P., and files the
to Continue Emergency Guardianship Hearing, and in support thereof aver the folio
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1Gl~tion
1. The Honorable Albert H. Masland is assigned to the within matter. ',
2. On July 29, 2010, Randy C. Whitley, Sr. and Lisa Whitley filed a Petition for Appointment of
Emergency Guardian in relation to Viola Rose Whitley.
3. On July 30, 2010, an order of court scheduled an emergency .guardianship heari~g for Viola
Rose Whitley for August 12, 2010, and it appointed Mark F. Bayley, Esquire, ash guardian ad
litem for Ms. V.R. Whitley.
4. On August 5, 2010, an order of court rescheduled the emergenry hearing to S~ptember 17,
2010,
5. On August 18, 2010, upon motion by Mark F. Bayley, an order of court amended the status
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of Mark F. Bayley from "guardian ad litem" to "counsel" for Viola. Rose Whitleyi.
6. The movants here, Randy C. Whitley, Sr. and Lisa Whitley, now move Ilto have the
emergenry guardianship hearing continued so that an independent competency evaluation of
Viola Rose Whitley can occur.
7. As stated in their Petition for Appointment of Emergency Guardian, Randy C Whitley, Sr.
and Lisa Whitley believe that Viola Rose Whitley lacks the requisite mental and ~egal capacity
to undertake in the significant legal and financial decisions she has been making.
8. Larry Whitley, who has assumed custody and care of Viola Rose Whitley, believes that Ms.
V.R. Whitley does in fact have such mental and legal capacity necessary to make such
decisions, which have benefitted him.
9. The independent competenry evaluation is necessary for This Honorable Court to make a
decision on the question of Viola Rose Whitley's competenry and mental capacity.
10. Such an evaluation has not occurred to this date based on Larry Whitleq's refusal to
communicate with Viola Rose Whitley's other family members, as well a$ her court
appointed counsel, Mark F. Bayley, Esquire.
11. Counsel for Viola Rose Whitley, Mark F. Bayley, Esquire, concurs in thisl, Motion to
Continue.
12. Counsel for Latry Whitley, Hubert X. Gilroy, Esquire, is currently unavailable) to state his
opposition or concurrence due to travel.
[I~HEREFORE, in order to allow an independent competency evaluation to ojccur, Randy
C. Whitley, Sr. and Lisa Whitley respectfully request that This Honorable Court dontinue the
emergency hearing to a later date after such evaluation has taken place.
Respectfully Submitted,
ABOM 8c KZITULASIS, L.L.P.I
Date: September 8, 2010 wn~.~.w_~
Jaso P. I ' ,Esquire
Atto ey I. . No. 80411 ',
2 West High Street
Carlisle, PA 17013
(717) 249-0900
(717) 249-3344 Fax
jpk~abomkutulakis.com
Attorney for Movants
CERTIFICATE OF SERVICE
AND NOW, this 8~' day of September, 2010, I, Sally Evans of Abom & Kutulakis, L.L.P.,
hereby certify that I did. serve a true and correct copy of the foregoing MOTION TO CONTINUE
EMERGENCY GUARDIANSHIP HEARING upon the following via U.S. Postal ~ervice, First
Class Mail: '',
Mark F. Bayley
17 West South Street
Carlisle, PA 17013
Counsel for Viola Rose IYlhitl y
Viola Rose Whitley
235 Aberdeen Road
Ruffin, NC 27326
Hubert X. Gilroy, Esquire
Mattson Law Offices
10 East High Street
Carlisle, PA 17013
Attorney for Lary Whitley
Roger Whitley
745 Stone Jug Road
Lewisberxy, PA. 17339
Michael Whitley
1583 Brechbill Road
Chambersburg, PA. 17201
Randy Whitley
2338 South Market Street
Mechanicsburg, PA 17055
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Sally Evans