HomeMy WebLinkAbout09-08-10 (2)r
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IN RE VIOLA ROSE WHITLEY, IN THE COURT OF COMMON PLEA ° =~' ~;
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An Alleged Incapacitated Person :CUMBERLAND COUNTY PENNSYL ~ G, ~ ;:;;
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CIVIIv I?OCKET NO.: 21-10-0768 d fY~ t
ORPHANS' COURT DIVISION ~ ~ 3 .--- ~~ ~`
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AND NOW, come RANDY C. WHITLEY, Sr. and LISA WHITLEY, by and ~hrough their
attorney, Jason P. Kutulakis, Esquire, ABOM & KUTULAKIS, L.L.P., and files the within Motion
to Direct an Independent Competenry Evaluation, and in support thereof aver the follo{vving:
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 heating on the counpetenry of
Viola Rose Whitley for August 12, 2010, and it appointed Mark F. Bayley,'i Esquire, as
guardian ad litem for Ms. V.R Whitley.
4. On August 5, 2010, an order of court rescheduled the emergenry hearing to September 17,
2010.
5. On August 18, 2010, upon motion by Mark F. Bayley, an order of court amend~d the. status
of Mark F. Bayley from "guardian ad litem" to "counsel" for Viola Rose Whitley±
6. There is disagreement between members of Viola Rose Whitley's family as td her mental
capacity and competency to make significant legal and financial decisions.
7. The movants here, Randy C. Whitley, Sr. and Lisa Whitley, who are filing an accompanying
Motion to Continue the Emetgenry Guardianship Hearing, now move to have This
Honorable Court direct Viola Rose Whitley to have anvadependent competency evaluation
take place in North Carolina, where Ms. V.R. Whitley is located.
8. Specifically, movants request This Honorable Court to direct Larry .Whitley, who has
assumed custody and care of Viola Rose Whitley, to comply with their request and allow Ms.
V.R Whitley to have the evaluation.
9. In order to ensure independence in the evaluator, Mark F. Bayley, Esquire court appointed
counsel for Viola Rose Whitley, shall select the evaluator.
10. Counsel for Viola Rose Whitley, Mark F. Bayley, Esquire, concurs in this Motion to Direct
an Independent Competency Evaluation.
11. Counsel for Larry Whitley, Hubert X. Gilroy, Esquire, is currently unavailable to state his
opposition or concurrence due to travel
tP1YEREFORE, Randy C. Whitley, Sr. and Lisa Whitley respectfully request that This
Honorable Court direct an independent competency evaluation of Viola Rose Whitley. ,
Respectfully Submitted,
ABOM & KUTULAKIS, L.L.,
Date: September S, 2010
Jason K ,Esquire
Attom y I. . No. 80411
2 West High Stteet
Carlisle, PA 17013
(717) 249-0900
(717) 249-3344 Fax
ivkna,abamkut~lakis. o~m
Attorney for Movants
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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 Service, First
Class Mail:
Mark F. Bayley
17 West South Street
Carlisle, PA 17013
Counsel for Viola Bose Whitl y
Viola Rose Whitley
235 Aberdeen Road
Ruffin, NC 27326
Hubert X. Gilroy, Esquire
Manson Law Offices
10 East High Street
Carlisle, PA 17013
Attorney for Larry Whitley
Roger Whitley
745 Stone Jug Road
Lewisberry, PA. 17339
Michael Whitley
1583 Brechbill Road
Chambersburg, PA. 17201
Randy Whitley
2338 South Market Street
Mechanicsburg, PA 17055
Sally Evans