HomeMy WebLinkAbout10-07-10. ev
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IN RE: VIOLA ROSE WHITLEY IN THE COURT OF COMMON IBS OFc --- - ;
CUMBERLAND COUNTY, PENI~I~AN~i
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No. 10-768 `~ ~n ~ -,,
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ORPHANS' COURT DIVISION ~,~ w ~-
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MOTION TO VACATE APPOINTMENT OF COUNSEL
AND TO EXTEND TIME FOR SELECTION OF PHYSICIAN
TO CONDUCT COMPETENCY EXAMINATION
The Honorable Albert Masland is assigned to this case.
2. On or about September 24, 2010, undersigned counsel was retained by
Viola Rose Whitley (hereinafter "Viola") relative to the petition for the appointment of an
emergency guardian filed by her son, Randy C. Whitley, Sr.
3. Undersigned counsel has entered his appearance in this matter
simultaneous to the filing of this Motion.
4. Undersigned counsel has conferred with Mark Bayley, Esquire, who was
appointed by the Court to represent Viola.
5. Attorney Bayley has attempted but to date has been unable to locate a
physician to conduct an independent competency evaluation of Viola.
6. Attorney Bayley agrees that his appointment should be vacated by virtue
of undersigned counsel having entered his appearance for Viola.
7. Undersigned counsel will undertake to select a physician to perform a
competency evaluation for Viola however the selection may not occur prior to the
previous deadline of October 5, 2010.
WHEREFORE, undersigned counsel respectfully requests that this Honorable
Court vacate the appointment of Mark Bayley, Esquire, in this case and that the time for
the selection of a physician to conduct a competency evaluation be extended until
October 25, 2010.
Respectfully submitted,
BARK SCHERER
Vt
Mic ael A. Scherer, Esquire
I.D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
CERTIFICATE OF SERVICE
I hereby certify that on October (p~", 2010, I, Andrea M. Ramos, secretary at Baric
Scherer, did serve a copy of the Motion To Vacate Appointment Of Counsel And To Extend
Time for Selection of Physician To Conduct Competency Examination, by first class U.S.
mail, postage prepaid, to the parties listed below, as follows:
Jason P. Kutulakis, Esquire
Abom &Kutulakis
2 West High Street
Carlisle, Pennsylvania 17013
Roger Whitley
745 Stone Jug Road
Lewisberry, Pennsylvania 17339
Hubert X. Gilroy, Esquire
Martson Law Office
Ten East High Street
Carlisle, Pennsylvania 17013
Michael Whitley
1583 Brechbill Road
Chambersburg, Pennsylvania 17201
Mark F. Bayley, Esquire
Bayley & Mangan
17 West South Street
Carlisle, Pennsylvania 17013
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Andre M. amos