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Home My WebLink About12-18-13 T� 1� OM LITULAKIS RE GIST L1 OM CE OF REGiS?ER OF t'a'1LLS Jason P.Kutulakis,H squire Attorney I.D.#: 80411 p ^'� p 2 West High Street "�i�iJ �L� 1U FI Carlisle,PA 17013 (717)249-0900 CLERK GF ORPHAPIS' CO1,1RT IN RE: PATRICK J. MOLLE : IN THE COURT OF CGWMWMIEAS�613 PA CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION An Alleged Incapacitated Person Docket No.: 21-13-1189 JURY TRIAL DEMANDED MOTION TO DISMISS AND NOW comes the within, Patrick J. Molle, by and through his counsel, Jason P. Kutulakis, Esquire of Abom & Kutulakis, L.L.P., and files the within Motion to Dismiss Petitioner's Petition for Appointment of Emergency and Full Plenary Guardian of the Estate of Patrick J. Molle, averring 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. 2. The Petition for Appointment of Emergency and Plenary Guardian of the Estate of Patrick J. Molle did not include a verification executed by the Petitioner. 3. On or about November 22, 2013, the Alleged Incapacitated Person, Patrick J. Molle, filed Preliminary Objections based upon lack of Petitioner's verification. (See Preliminary Objections, attached hereto and marked as Exhibit"A"). 4. On November 27, 2013, the Honorable Judge Thomas A. Placey ordered that the Petitioner provide a properly executed Verification within twenty (20) days. (See Order of Court, attached hereto and marked as Exhibit`B"). 5. The Petitioner was required to file a properly executed Verification by December 17, 2013. 6. As of the time of this filing, the Petitioner has not provided a properly executed Verification in the above docketed action as was ordered by this Honorable Court. 7. Therefore, the Petition for Appointment of Emergency and Full Plenary Guardian of the Estate of Patrick J. Molle should be dismissed with prejudice for failure to provide a properly executed Verification from the Petitioner. WHEREFORE, the Alleged Incapacitated, Patrick J. Molle,respectfully requests that Petitioner's cause of action be dismissed with prejudice for failure to follow the Court Order to provide a properly executed Verification. Respectfully Submitted, OM & KUTULAKIS, L.L.P. Date Jason Kutula sEs quire Suprem ourt I. . 80411 2 West High Stre Carlisle,PA 17013 (717) 249-0900 ABOM & j UTULAKIS Jason P.Kutulakis,Esquire Attorney I.D.#: 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 & KUTULAMS,L.L.P. Date Ja n ICU e prem ourt I.D. 80411 2 West High Street Carlisle,PA 17013 (717) 249-0900 EXHIBIT 2RECORDED .OFFICE OM OF ULAKIS REGISTER OF 14ILLS Jason P.Kutulaltis,Esquixe Attomey I.D.#: 80411 IUi3 PuUU 22 PM 1") 011- - - 2 West High Street Carbsk,PA 27013 CLERK OF (71 249-0900 - ORPHANS' COURT IN RE: PATRICK J. MOLLE : IN THE COURT OFQt;1 MW 0V, ,{%k CUMBERLAND COUNTY, PENNSYLVANIA 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 attomeyjason 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: L 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 &Smon,L.L.P. I. 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). 5. 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&KUTULASIS,LLP Date:November 22, 2013 Jas 4n P. s uire Att mey.ID # 80411 2 West High Street Carlisle,PA 17013 (717) 249-0900 CERTIFICATE OF SERVICE AND NOW, this 22' day of November,2013, I, Shannon Freeman, ofABOM drKUT[naK1s, 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 Plaintiff's 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'x'Floor Post Office Box 1146 Harrisburg,PA 17108-1146 �MLW P)Aukl UnLuL Syntion Fre IN RE: PATRICK J. MOLLE, An Alleged Incapacitated Person { co � � J u) N `• co a n; IN THE COURT OF COMMON PLEAS 4 OF THE NINTH JUDICIAL DISTRICT CX- �� U Ol, ? ORPHANS' COURT DIVISION m 21-2013-1189 v 9 O p = of `c 11 2E: PREd-'IMINARY OBJECTIONS TO PETITIONER'S PETITION FOR APPOINTMENT OF EMERGENCY AND FULL PLENARY GUARDIAN OF THE ESTATE OF PATRICK J. MOLLE ORDER OF COURT AND NOW, thi s I tlay of November 2013, upon review of the Preliminary Objections to Petitioner's Petition for Appointment of Emergency and Full Plenary Guardian of the Estate of Patrick J. Molle, and it appearing that Scott A. Mitchell, Esq., attorney for Petitioner, signed the Verification rather than Petitioner', it is hereby ORDERED that Petitioner provide a properly executed Verification within twenty (20) days. G Thomas A. Placey C.P.J. Distribution List: Jason P. Kululakis, Esq. Scott A. Mitchell, Esq. Pa.R.C.P. 1024 requires that the verification be made my one or more of the parties unless all parties lack sufficient knowledge or are outside of the jurisdiction of the court. While Pa.R.C.P. 1024 specifically applies to pleadings, the Superior Court extended the application to petitions in Monroe Contract Corp. v. Harrison Square, Inc., 405 A.2d 954, 957 (1979). When verification is made by a non-party, the reason(s) why the party did not make the verification must be stated. See Triffin v. Thomas, 462 A.2d 1346, 1350 (Pa. Super. 1983) (citing Warren v. Williams, 88 A.2d 406, 407 (Pa. 1952)). EXHIBIT CERTIFICATE OF SERVICE AND NOW, this 18" 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 to Dismiss 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 annon Freeman