HomeMy WebLinkAbout06-25-12IN RE: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NOBUE SHELLER, .
An Incapacitated Person NO. 21-12-0085
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ORPHAN'S COURT DIVISION
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MOTION TO MAKE RULE ABSOLUTE ~ ~f' N
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AND NOW, comes Petitioner, North Middleton Township, by and througl~'fs attorne~
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Mark W. Allshouse, Esquire, and respectfully moves this Honorable Court for an Order making
Absolute the Rule dated May 30, 2012, and in support thereof represents as follows.
On May 25, 2012 the undersigned counsel filed a Petition for Relief on behalf of
North Middleton Township seeking a Court Order confirming the Township's ability to abate the
public nuisance on the property of Nobue Sheller, an incapacitated person.
2. Thereafter on May 30, 2012, the Court issued a Rule to Show Cause to private
counsel for Nobue Sheller and Cumberland County Aging and Community Services, her plenary
guardian.
3. Thereafter, on June 4, 2012, Mark F. Bayley, Esquire, counsel previously
appointed to Nobue Sheller in relation to her Guardianship Petition, filed an Answer stating that
the Petition for Relief of North Middleton Township "falls outside of the scope of [his] (sic)
appointment."
4. Attorney Anthony DeLuca, Solicitor for Cumberland County Aging and
Community Services, did not file a response.
5. The time period in which to file a response under the Rule to Show Cause has
expired and, therefore, Petitioner is requesting a final Order in the matter as attached hereto.
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WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter the attached
Order.
Date: ~¢ ~1 0
Respectfully submitted,
4833 Spring Road
Shennans Dale, PA 17090
(717)582-4006
Solicitor for Petitioner
ark W. Allshouse, squire
Attorney 1.D. # 780 4
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been duly served upon the
following, by depositing a copy of the same in the United States Mail, first-class, postage
prepaid, as follows:
Mazk F. Bayley, Esquire
Bayley & Mangan
17 West South Street
Carlisle, PA 17013
Anthony L. DeLuca, Esquire
P.O. Box 358
Boiling Springs, PA 17007
Date:~~~~
Respectfully submitted,
ark . Allshouse, squire
Attorney I.D. # 780 4
4833 Spring Road
Shermans Dale, PA 17090
(717)582-4006
Solicitor for Petitioner
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