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Home My WebLink About10-03-14 IN RE: Jo Ann Seker : IN THE COURT OF COMMON PLEAS An Alleged Incapacitated Person : CUMBERLAND COUNTY, PENNSYLVANIA DOB: 6/20/31 NO. 21 - 14 - 0681 ORPHANS' COURT DIVISION MOTIONfTO CONTINUE HEARING AND NOW, comes the Petitioner, Gregory W. Seker, by and through his Attorney, Jane Adams, Esquire, and files this Petition pursuant to Title 20 Pa.C.S.A. §5511 and in support thereof avers the following: 1. The Alleged Incapacitated Person is Jo Ann Seker. She was born on June 20, 1931 and is eighty-three (83) years old. She has lived in a home she co-owns with Susan Staub at 47 Southwest Ave, Shiremanstown, Pennsylvania, 17011, since 1987. 2. Petitioner is Gregory W. Seker, (Hereinafter°Petitioner"); he is the son of the Alleged Incapacitated Person, Jo Ann Seker. His address is 10206 Maple Glen Court, Ellicott City, Maryland, 21042. 3. On July 22, 2014, Petitioner filed a Petition to Adjudicate JoAnn Seker an Incapacitated person and requested that he be,appointed Guardian of her Person and Estate. 4. Petitioner's counsel sent notice of the citation, court order of July 30, 2014, and petition to the alleged incapacitated person, as well as Susan Staub and Dierdre Lindenmuth, who are the two other residents in the home, addressed to 47 S. West Ave., Shiremanstown, Pennsylvania, 17011. 5. On August 13, 2014, Susan Staub accepted service of the documents for herself and Dierdre Lindenmuth. 6. Jo Ann Seker, the alleged incapacitated person, never signed for the certified mail, and said mail was returned. 7. The attorney for Jo Ann Seker, Andrew Sheely, attempted to see Jo Ann Seker at her home and was not able to make contact with her. � r �, m C3 rnC� ::0 o ' o rn —+ n >. r' a (T ca v Q Q rn to o f 8. A process server was sent to the home an September 15, 2014, and he was unable to obtain service on Jo Ann Seker. 9. As of today, September 30, 2014, Petitioner's counsel has been informed that Attorney Thomas J. Weber would be representing Susan Staub in this matter and that the alleged incapacitated person had been moved to an assisted living facility in the Mechanicsburg area. 10. Petitioner,.Gregory W. Seker is requesting a continuance in this matter in order that he may obtain proper service upon the alleged incapacitated person, and to give the parties' respective attorneys time to exchange and obtain information regarding the alleged incapacitated person's new circumstances. 11. This matter.was assigned to Judge Placey. 12. Petitioner's counsel spoke with Andrew Sheely, attorney for the alleged incapacitated person,.and Thomas J. Weber regarding the requested continuance, and they had no objection. A message was left for a representative of the Office of the Attorney General's office regarding the requested continuance since.they were listed as in interested parry as a possible intestate heir, and were previously served notice of the hearing, and as of this filing Counsel had not received a response. 13. No prior continuance was requested and a continuance would not prejudice any of the parties. WHEREFORE, Petitioner, Gregory W. Seker requests a continuance of the October 6, 2014 hearing scheduled in the above-captioned matter. Respectfully submitted: Date: 1 0/1 ! *7West s, Esquire 65 uth St. Carlisle, Pa. 17013 {717} 245-8508 ATTORNEY,FOR PETITIONER e � r i ' oile IN RE: Jo Ann Seker IN THE COURT OF COMMON PLEAS An Alleged Incapacitated Person : CUMBERLAND COUNTY, PENNSYLVANIA DOB: 6/20/31 NO. 21 - 14 - 0681 ORPHANS' COURT DIVISION CERTIFICATE OF SERVICE AND NOW, this October_, 2014, I, Jane Adams, Esquire, hereby certify a copy of this Motion for a Continuance, is being sent to the following parties contemporaneously with'filing, at the following addresses, by place such in the custody of the U.S. postal service, first class mail, postage pre-paid. Andrew Sheely, Esquire ' 127 S. Market St. P.O. Box 95 Mechanicsburg Pa. 17050 Attorney for Jo Ann Seker Thomas Weber, Esquire 4250 Crums Mill Road, Suite 301 P.O. Box 6991 Harrisburg, Pa 17112 Attorney for Susan Straub Gretchen S. Wisehart, Esquire, Chief Counsel Pennysylvania Dept. of Revenue 10th Floor, Strawberry Square Harrisburg, Pa. 17120 Attorney for Commonwealth • specttully Sub a A ams, Esquire 0. 79465 South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PETITIONER GREGORY W. SEKER