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Keith O.Brenneman,Esquire
44 West Main Street
Mechanicsburg,PA 17055
(717)697-8528
Attorney ID#47077
Assistant Cumberland County Solicitor
For Cumberland Courity Aging and Community Services
IN RE: : IN THE COURT OF C MMON PLEAS OF
: CUMBERLAND CO TY,PENNSYLVANIA
LYDA GALLAGHER, : ORPHANS' COURT D VISION
an alleged incapacita.ted person .
: NO. 21-14-OS 5
MOTION TO RESCHEDULE HEARING ON PETITI
FOR APPOINTMENT OF PLENARY GUARDIANS
Movant Cumberland County Aging and Community Services, y its attorney,Assistant
Cumberland County Solicitor Keith O. Brenneman, submits this Moti and in support thereof
states the following:
1. On February 11,2014 Cumberland County Aging and Co unity Services filed a
�
Petition For Appointment of Plenary Guardians of the Person and Esta e In Accordance With 20
Pa.C.S.A §5511 with respect to Lyda Gallagher(the"Petition").
2. By Order dated February 20,2014 this Court scheduled a hearing on the Petition
filed by Cumberland County Aging and Community Services to take p ace on March 13,2014.
� 3. Counsel for Petitioner did not receive a copy of this Co 's Order scheduling the
hearing date until February 24,2014.
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4. Pursuant to Title 20 Pa.C.S.A. § 5511(a),written notice of the hearing together with
a citation form and a copy of the Petition must be served on the alleged incapacitated person no
less than 20 days in advance of the hearing.
5. Due to the notice being received by Petitioner's counsel on February 24,2014,
Petitioner was unable to serve notice of the hearing,the Citation and the Petition upon the
alleged incapacita.ted person at least 20 days prior to the March 13, 2014 hearing in this matter.
6. Petitioner must.serve the notice of hearing, citation form and copy of the Petition
on the alleged incapacitated person as required by law.
7. Counsel for the alleged incapacitated person, Grace D'Alo,Esquire consents to the
relief requested in this Motion.
8. The Honorable Christylee L. Peck has made previous rulings in this matter,
including the issuance of the Order dated February 20, 2014.
WHEREFORE, Cumberland County Aging and Community Services requests this Court
to reschedule the hearing on the Petition with respect to Lyda Gallagher so that proper service of
the Petition, Citation and hearing notice can be accomplished in accordance with applicable law.
1
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg,PA 17055
(717) 697-8528
Date: February 28,2014 Assistant Solicitor for Cumberland County
Aging and Community Services
_2_
VERIFICATION
I verify that the statements made in the foregoing Motion are true and correct. I
understand that false sta.tements herein are made subject to the penalties of 18 Pa.C.S. Section
4904 relating to unsworn falsification to authorities.
�
Keith O. Brenneman,Esquire
Date: February 28,2014
� � ,
� CERTIF'ICATE OF SERVICE
I, KEITH O. BRENNEMAN,ESQUIRE,hereby certify that I have,on the below date,
caused a true and correct copy of the foregoing Motion to be served upon the persons and in the
manner indicated below:
FIRST CLASS MAIL,POSTAGE PREPAID,ADDRESSED AS FOLLOWS:
Grace D'Alo,Esquire
530 Greason Road
Carlisle,PA 17015
By:
I��--,
Keith O. Brenneman,Esquire
44 W. Main Street
P. O. Box 318
Mechanicsburg,PA 17055
(717)697-8528
Date: February 28,2014 Attorney for Cumberland County Aging and
Community Services