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HomeMy WebLinkAbout08-10-15 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ry C:=) � IN RE: ORPHANS' COURT DIVISON m ©CD . HAYWOOD WILKERSON, No. 21-15-549 An Alleged Incapacitated Person r— ` ; c, C) c MOTION FOR LEAVE OF COURT TO TAKE TESTIMONY OF PHYSICIAN BY TELEPHONE CONFERENCE w r— rn r— AND NOW, comes Petitioner, Golden Living Center, by and through their counsel, Tucker Arensberg, P.C. and hereby files this Motion For Leave of Court to Take Testimony of Physician by Telephone Conference, and in support thereof avers as follows: 1. On or about May 18, 2015, Petitioner filed a Petition for Appointment of Guardian for the appointment of a Permanent Plenary Guardian of the Person and Estate of an alleged incapacitated person, Haywood Wilkerson (Petition). 2. The Petition alleged that the alleged incapacitated person's physician have diagnosed his physical and mental condition as including, but not limited to, Depressive Disorder and Dementia with behavioral disturbances. 3. The Petition also alleged that due to the alleged incapacitated person's general medical conditions, it is believed that the alleged incapacitated person's treating physician would likely find that his presence in court would be harmful and detrimental to his physical or mental condition. 4. On or about May 29, 2015, this Honorable Court issued an Order setting a hearing in this matter for August 19, 2015. 5. On or about July 28, 2015, this Honorable Court issued an Order re-scheduling a hearing in this matter to take place on September 10, 2015. R 6. Inquiry made by undersigned counsel to judicial chambers confirmed that the Court would require a Motion of this nature for leave to take testimony of the treating physician of Haywood Wilkerson, via telephone conference. 7. Judge Placey has previously ruled on the original Petition to this matter. WHEREFORE, Petitioner, Golden Living Center hereby requests that this Honorable Court Grant the herein Motion and permit the physician of the alleged incapacitated person to participate and testify at the hearing on September 10, 2015 by telephone conference, and such other relief as the Court may deem just and proper. Respectfully submitted, TUCKER ARENSBERG, P.C. By G Kevin L. al , Esquire Pa.I.D. #311826 Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 200 (J Lemoyne, PA 17043 Dated: 0 S (717) 234-4121 H BGDB:152288-1 026135-167624 CERTIFICATE OF SERVICE The undersigned counsel hereby certifies that the foregoing document was this day served upon the parties listed below by first class mail, postage pre-paid, addressed as follows: Lisa Coyne, Esq. Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011-4227 Guardian ad litem TUCKER ARENSBERG, P.C. Byc�-� Kevin L. all, squire Pa.I.D. #311826 Tucker Arensberg, P.C. 2 Lemoyne Drive, Suite 200 �I Lemoyne, PA 17043 Dated: 0 S i5 (717) 234-4121