HomeMy WebLinkAbout12-20-01
IN RE : IN THE COURT OF COMMON PLEAS OF
APPOINTMENT OF A GUARDIAN: CUMBERLAND COUNTY, PENNSYLVANIA
OF THE PERSON OF MILDRED J. : ORPHANS' COURT DIVISION
GERBER, : NO. 21-01-92
An alleged incapacitated person
ALLEGED INCAPACITATED PERSON. MILDRED J. GERBER'S
ANSWER AND NEW MATTER TO MOTION FOR CONTACT WITH
MILDRED J. GERBER
AND NOW, comes the alleged incapacitated person, Mildred J. Gerber, by and
through her counsel, Jacqueline M. Verney, Esquire and answers Petitioner's Motion for
Contact with Mildred J. Gerber:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. A-E. Denied.
To the contrary Dr. Cadieux's testimony and examination of
Mildred J. Gerber was unrebutted by Petitioner and should be accepted by the
Court as sufficient to establish the incapacity of Mildred J. Gerber.
7. No response is required because the qualifications of Marilyn Jo. Gerber are
irrelevant to the issue of the incapacity of Mildred J. Gerber in that Marilyn
has not filed a Petition to be appointed Guardian of the person of Mildred J.
Gerber. By way of further answer, Midlred 1. Gerber is in favor of her son,
Frederick E. Gerber, II, becoming her Guardian of the Person and is
adamantly opposed to her daughter, Marilyn Jo. Gerber being appointed her
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Guardian of the Person. In addition, Mildred J. Gerber nominated her son,
Frederick E. Gerber, II, to be her Guardian in her Durable Power of Attorney
dated January 19,2001.
8. Denied. To the contrary, Mildred Scott's testimony confirms the incapacity of
Mildred J. Gerber.
9. Denied. To the contrary, Mildred Scott's testimony confirms the incapacity of
Mildred J. Gerber.
.10. Denied. To the contrary, Mildred Scott's testimony confirms the incapacity
of Mildred J. Gerber.
11-14. Denied. See response to Paragraph 6, supra.
15. Denied. Mildred J. Gerber's personal wishes are to have no physical and
personal contact with her daughter, Marlyn Jo. Gerber because of the prior
contentious relationship between Mother and daughter. Mildred J. Gerber
has the constitutional right to refuse contact with her daughter.
16 a-f. No response is necessary because Marilyn Jo. Gerber has not filed a
Petition to be appointed as Guardian of the Person of Mildred J. Gerber.
17. Denied. Marilyn Jo Gerber has no inherent or enforceable right to maintain a
relationship with her Mother.
18. Denied. The Court can evaluate the testimony of Dr. Cadieux.
19-20. Denied. Mildred J. Gerber has independently and voluntarily decided not
to have contact with her daughter.
21. See response to Paragraph 7, supra.
22. Denied. See response to Paragraph 7, supra.
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23-26. No response is required since the Court denied the Motion for an
Independent Evaluation on December 19,2001.
27. Admitted. By way of further answer, in order to protect herself, Midlred J.
Gerber instructed her counsel to send a Defiant Trespass letter to Marilyn Jo
Gerber to prevent her from physical and emotional intrusion into her life.
28. Denied. See response to Paragraph 15, supra.
29. Counsel for Mildred J. Gerber vehemently opposes the Motion to permit
Marilyn Jo Gerber to have contact with her.
NEW MATTER
30. Before the court orders contact between Mother and daughter in this matter,
Mother requests that Dr. Cadieux be consulted to determine whether contact
would be harmful to Mother.
31. In the alternative, if Dr. Cadieux opines that contact would not be harmful,
then he should recommend the conditions that should exist for such a visit,
such as the place of contact, public or private, whether it should be supervised
and by whom, and the length of said visit.
32. Mildred J. Gerber is scheduled to visit her other daughter in Chicago, Illinois
over the Christmas Holiday.
33. Petitioner, Frederick E. Gerber, II joins in this Answer and New Matter.
WHEREFORE, the alleged incapacitated person hereby requests this Honorable
Court to deny a contact visit with Marilyn 1. Gerber.
Ct
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Respectfully submitted,
I';)... -;;;..0 -of
LA.U-
acq eline M. Verney, Esquire #23 67
44 South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for alleged incapacitated person
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CERTIFICATE OF SERVICE
I, Jacqueline M. Verney, Esquire, attorney for the Incapacitated Person, hereby
certifies that a true and correct copy of the Answer and New Matter was served on the
following person by facsimile transmission on the date indicated:
Stanley J.A. Laskowski, Esquire
3631 North Front Street
Harrisburg, P A 17110-1533
Fax # (717) 232-2766
Richard Rupp, Esquire
355 21 sl Street
Camp Hill, Pa 17011
Fax # (717) 730-0214
Date: I ,).. -d---o -0 I
~7h.0
... cqu ine M. V erney, ESqU::;~7
44 South Hanover Street
Carlisle, P A 17013
(717) 243-9190
Attorney for alleged Incapacitated Person