HomeMy WebLinkAbout12-03-13 -r,�OM & RECORDED OFFICE OF
KU ULAKIS REGISTER OF WILLS
Jason P.Kutulakis,Esquire - -
Attorney I.D.#: 80411 Z613 DEC 3 PM 3 112
2 West 33igh Street
Carlisle,PA 17073
(717)249-0900 CLERK Of
ORggPHt IS' COURT
IN RE: PATRICK J. MOLLE : IN THE COURT OF COC �OZ P�E1AS O� PA
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
An Alleged Incapacitated Person : Docket No.: 21-13-1189
JURY TRIM..DEMANDED
MOTION FOR CONTINUANCE
AND NOW comes the within, Patrick J. Molle, by and through his counsel, Jason P.
Kutulakis, Esquire of Abom &Kutulakis, L.L.Y.,and avers the following:
I. On November 1.3, 2013, Petitioner filed a Petition for Appointment of Emergency and
Full Plenary Guardian of the Estate of Patrick J. Molle at the above-docketed numbered.
2. The Alleged Incapacitated Person, Patrick J. Molle, was served with the Petition on or
about November 21,2013.
3. A Hearing on said Petition was scheduled for December 12, 2013 at 2:30 p.m. in
Courtroom Number Six of the Cumberland County Courthouse. See Order Scheduling
Hearing attached and marked as Exhibit"A."
4. The Alleged Incapacitated Person has just retained undersigned counsel to represent him
in this matter.
5. Undersigned Counsel is unavailable to attend the Hearing scheduled for December 12,
2013 and respectfully requests this Court grant the within Continuance.
b. Undersigned counsel has contacted Petitioner's counsel, Scott A. Mitchell, Esquire,
regarding this request for a continuance and he has not provided undersigned counsel
with his position with the filing of this Motion by the time it was filed with the
Cumberland County Orphan's Court.
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WHEREFORE, undersigned counsel respectfiilly requests this Honorable Court to make
an Order approving the continuance of the Hearing that is currently scheduled for December 12,
2013 at 2:30 p.m.to a later date.
Respectfully Submitted,
ABOM & KUTULAKI5,L.L.P.
12 3 13 ��
Date �C' Jason P. Kutulakis,Esquire
Supreme Court I.D. 80411
2 West High Street
Carlisle,PA 17013
(717) 249-0900
IN RE: PATRICK J. MOLLE,
An Alleged Incapacitated Person 3�
c� IN THE COURT OF COMMON PLEAS
�- OF THE NINTH JUDICIAL DISTRICT
�
° ORPHANS' COURT DIVISION
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"E:ATITI 2 OR APPOINTMENT OF EMERGENCY AND FULL PLENARY
UJ
GUA$DIAN OF THE ESTATE OF PATRICK J. MOLLE
ORDER OF COURT
AND NOW, this 131h day of November 2013, upon review of the Petition for
Appointment of Emergency and Full Plenary Guardian of the Estate of Patrick J. Molle,
It is hereby ORDERED and DIRECTED that a hearing is scheduled for 12 December
2013 at 2:30 p .m. in Courtroom Number Six of the Cumberland County Courthouse,
Carlisle, Pennsylvania. Each side is given one hour total to present or defend its
position. A CITATION is issued upon Patrick J. Molle to show reason, if any, why he
should not be adjudicated an incapacitated person and why a plenary guardian should
not be appointed for his estate.
Written notice of the petition and hearing shall be given to Patrick J. Molle no less
than twenty (20) days prior to the hearing, by personal service of a copy of said Petition
and Citation together with an explanation of the content and terms of the Petition. The
written notice shall conform to all requirements of 20 P.S. 5511(a), including use of
large type and simple language, indication of the purpose and seriousness of the
proceeding, and identification of the rights that can be lost as a result of the proceeding.
Further, it is ORDERED that service of the notice of the petition and hearing shall be
EXHIBIT
made on Patrick J. Molle's heretofore unnamed personal attorney and to all persons
residing within the Commonwealth who are su€juris and would be entitled to share in
the estate of the allege incapacitated person if he died intestate; such service must be
made at least twenty days prior to the scheduled hearing.
Furthermore, the alleged incapacitated person shall be in attendance at the
hearing unless it can be established by her physician that her mental or physical
condition would be harmed by her presence at the hearing. This may be established in
the form of written interrogatories..
Trustee shall not release further mandatory distribution of funds from the Trust
pending further order of court.
Thomas A. Placey C.P.J.
Distribution List:
Scott A. Mitchell, Esq.
Patrick J. Molle
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-CERIIILICAIE OF ERVI F
AND NOW, this 3rd day of December, 2013, I, Shannon Freeman, of ABOM &
KUTULAKIS, LLP, hereby certify that I did serve a true and correct copy of the foregoing
Motion for Continuance by depositing, or causing to be deposited, same in the United States
Mail, First-class mail,postage prepaid addressed to the following:
Scott A. Mitchell, Esquire
Rhoads &Sinon,LLP
One South Market Square, 12`h Floor
Post Office Box 1146
Harrisburg, PA 17108-1146
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