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ABOM �'
U ULAKIS
Jason P.Kutulahis,Esquire
Attomcy I.U.#: 80411
2 West High Street
Carlisle,PA 17013
(717)249-0900
IN RE: PATRICK J. MOLLE IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
ORPHANS' COURT DIVISION
An Alleged Incapacitated Person Docket No.: 21-13-1189
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Scott Alan Mitchell, Esquire
Rhoads & Sinon,LLP
One South Market Square, 12' Floor
Post Office Box 1146
Harrisburg,PA 17108-1146
YOU ARE HEREBY NOTIFIED TO PLEAD TO THE WITHIN PRELIMINARY
OBJECTIONS TO PETITIONER'S PETITION FOR APPOINTMENT OF EMERGENCY AND
FULL PLENARY GUARDIAN OF THE ESTATE OF PATRICK J. MOLLE WITHIN TWENTY
(20) DAYS OF THE DATE OF SERVICE OF THIS PLEADING.
Respectfully Submitted,
ABOM &KUTULAIGS, L.L.P.
Date Ja n Kutul e
pxem ourt LD. 80411
2 West High Street
Carlisle,PA 17013
(717) 249-0900
BTBom &
UTAKIS
rM
Jason P.Kutulakis,Esquire M S C'] C Cn a
Attomey I.D.#: 80411 -IJ T.- r- rV -'t C.l
21Y'e5C Illgh Strcct M FV 7J 1 7
Catlide,PA 17013 e w p
(717)249-0900
IN RE: PATRICK J. MOLLE : IN THE COURT OF COMM( N PLEAS Off°
: CUMBERLAND COUNTY,, PENNSYfIVM412
: ORPHANS' COURT DIVISION
An Alleged Incapacitated Person Docket No.: 21-13-1189
JURY TRIAL DEMANDED
PRELIMINARY OBJECTIONS TO PETITIONER'S PETITION FOR APPOINTMENT
OF EMERGENCY AND FULL PLENARY GUARDIAN OF THE ESTATE OF
PATRICK J. MOLLE
NOW COMES, the Alleged Incapacitated Person, Patrick J. Molle, by and through his
attorney, Jason P. Kutulakis, Esquire,of ABOM &KUTULAKIS,L.L.P., and files the following
Preliminary Objections to Petitioner's Petition for Appointment of Emergency and Full Plenary
Guardian of the Estate of Patrick J. Molle and avers the following:
1. On November 8, 2013, Petitioner Mary Adms filed a Petition for Appointment of
Emergency and Plenary Guardian of the Estate of Patrick J. Molle through her
Attorney, Scott Alan Mitchell, Esquire of Rhoads& Sinon,L.L.P.
L MOTION TO DISMISS FOR LACK OF VERIFICATION
2. Paragraph one is incorporated by reference as if set forth in full.
3. Pennsylvania Rules of Civil Procedure, Rule 1024 requires a party to verify a
pleading, which includes a verification for any Petition alleging facts.
4. Furthermore, "the verification shall be made by one or more of the parties filing the
pleading unless all parties (1) lack sufficient knowledge or information, or (2) are
outside the jurisdiction of the court and verification of none of them can be obtained
within the time allowed for filing the pleading." Pa.R.C.P. 1024(b).
S. As such, Petitioner Mary Adams does not lack sufficient knowledge or information
and could have easily signed a verification for the Petition prior to filing the Petition.
6. Petitioner's Petition contains an Attorney Verification without a reason provided as to
why a Verification has not been provided by the Petitioner, which is required under
the Pennsylvania Rules of Civil Procedure.
7. As a result, Petitioner has violated Pa.R.C.P. 1024(a) and 1024(c).
WHEREFORE,the Alleged Incapacitated,Patrick J. Molle,respectfully requests that this
Honorable Court dismiss Petitioner's Petition with prejudice for Petitioner's failure to conform
to Pa.R.C.P. 1024. In the alternative,Alleged Incapacitated, Patrick J. Molle, respectfully
requests that Petitioner provide a properly executed Verification within twenty(20)days and if
Petitioner does not provide a properly executed Verification within twenty(20)days,that
Petitioner's cause of action be dismissed with prejudice.
Respectfully Submitted,
ABOM&KUTULAKIS,LLP
Date: November 22, 2013 _
Jas n P. s uire
Att mey ID#80411
2 West High Street
Carlisle,PA 17013
(717)249-0900
CERTIFICATE OF SERVICE
AND NOW, this 22"d day of November, 2013, I, Shannon Freeman, of ABom&KuTuL4ius,
LLP, hereby certify that I did serve a true and correct copy of the foregoing Preliminary Objections of
Plaintiff William J. Noon to Defendant's Preliminary Objections to the Plaintiffs Amended Complaint
by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage
prepaid addressed to the following:
Scott Alan Mitchell, Esquire
Rhoads &Sinon,LLP
One South Market Square, 12`h Floor
Post Office Box 1146
Harrisburg, PA 17108-1146
S nnon Freem