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Home My WebLink About01-28-02 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION IN RE: APPOINTMENT OF A GUARDIAN OF THE PERSON OF MILDRED J. GERBER, an alleged incapacitated person No. 21-01-92 MOTION FOR CONTINUANCE TO THE HONORABLE, THE JUDGES OF SAID COURT: ( . 1. The Movant is Richard C. Rupp, Esquire, attorney for Petitioner Frederick E. Gerber, II, the son of Mildred J. Gerber, the incapacitated person. The Petitioner resides at 3313- 1205 Wyndham Circle, Alexandria, VA 22320. 2. The Respondent is Marilyn J. Gerber, the daughter of Mildred J. Gerber, the incapacitated person. The Respondent has a Pennsylvania residence at 42 Drexel Place, New Cumberland, PA 17070. (j'! -~ 3. A Petition for Appointment of a Guardian of the Person of Mildred J. Gerber, the incapacitated person, was filed on September 7,2001, to No. 21-01-92. 4. Hearings were held on the Petition before The Honorable Edgar B. Bayley on October 8, 2001 and December 19, 2001, at which evidence was offered by the Petitioner to show the need of Mildred J. Gerber, the incapacitated person, for a Guardian of the Person and evidence that the Petitioner should be appointed Guardian of the Person of the incapacitated person. 5. The Court entered an Order appointing Frederick E. Gerber, II, Plenary Guardian of the Person of Mildred J. Gerber and further ordered that an access hearing be held on January 28, 2002 at 2:30 p.m. 6. The Petitioner has been ordered to temporary duty (tdy) at Fort Rucker, Alabama, for approximately four days from on or about January 24 through at least January 28, 2002 directly related to the United States' War Action against Afghanistan's former government. 2 x,kl 7. Petitioner's United States Army orders conflict with the said date this Honorable Court has set in this matter for January 28,2002. A copy of Col. Frederick E. Gerber, II's, Orders are attached hereto and incorporated herein by reference. 8. The Petitioner is Director of Health Care Operations for the United States Army in the Headquarters of the United States Army and within the office of the U.S. Surgeon General. 9. The Petitioner's office is responsible for directing U.S. Army medical personnel and resources in support of U.S. Army personnel and facilities globally. 10. The parties, through counsel, have agreed to grant one access visit for the Respondent to visit with her mother, Mildred J. Gerber, during the week of February 4,2002 on the following terms and conditions: (A) A date during the week of February 4, 2002, shall be selected for a mutually acceptable date and time in that week for an access visit; 3 Qrl!\ {j j J ' (B) The Guardian may designate a person, the Guardian's designee, who shall attend the access visit with the incapacitated person, Mildred J. Gerber; and said designee shall be present during the access visit between Marilyn J. Gerber and her mother, Mildred J. Gerber, the incapacitated person; (C) The said designee shall have the authority to protect the incapacitated person, Mildred J. Gerber's, interests and authority to terminate the access visit in the Guardian's designee's sole discretion; (0) The access visit shall occur at a location mutually acceptable to the parties; (E) The parties agree that caretaker, Millie Scott, shall not be considered as the Guardian's designee; (F) The Respondent shall have at least two telephone contacts per week with the incapacitated person beginning of the week of January 28,2002. .4 nl 11 . The parties agree to a continuance of the hearing scheduled on Janaury 28,2002, to another date. 12. Attorney Stanley laskowski, counsel for Respondent, consents to this Motion for Continuance and Stipulated Order. 13. Attorney Jacqueline Verney, counsel for the incapacitated person, consents to this Motion and Stipulated Order. WHEREFORE, Your Movant respectfully requests this Honorable Court to enter an Order both continuing the hearing scheduled for January 28,2002 at 2:30 p.m. and entering terms of this Motion as a Stipulated Order. Respectfully submitted, By: Richard C. Rupp, Movant Sup. Court 1.0. No.: 34832 355 North 21 st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Attorney for Petitioner 5 ( REQUEST AND AUTHORIZATION FOR TOY TRAVEL OF 000 PERSONNEL (R~f.rence~ Joinr Travel ffr:gufations (JTRI, Chaprer 31 IRtef1(;/ P';VIICY Act Slatemem on bllek be/ere cIJmplNing 'orm.; 1. DATE OF REOUSST fYYYYMVlODI 20020123 2. NAME (Llm, I=iro/, Middle Ini,ia/J REQUEST FOR OFFICIAL TRAVEL 3. SOCIAL SECURITY NUMBER 4. POSITION TITLE AND GRADE/RATING GERBER, FREDERICK E. 214-54-8688 DIRECTOR, HEALTH CARE OPERATIONS 5. LOCATION OF PERMANENT DUlY STATION IPDSI 6. ORGANIZATIONAl.. ELEMENT OFFICE OF THE SURGEON GENERAL HQDA, DASG-HCO SIll LEESBURO PIKE, FALLS CHURCH. VA 22041, SIE. 401 HEALTH CARE OPERATIONS 7. DUTY PHONE NUMBER (!llcfJJ11e ArQa CO-rill! 703..{j81-6237 8. TYPE Of ORDERS 9. TDY PURPOSE ISee JTR. IlpPfH/r/i1l HI TOY 11 . ITINERARY JNFOR."1ATION MEETING. 4 20020124 VARiATION AUTHORIZED FROM: FAIRFAX, VA TO; DOTHAN, AL (FORT RUCKER, AL) .RETURN: FAIRFAX, VA 12. TRANSPORTATION MODI: D. COMMERCIAL RAIl. AIR BUS I SHIP b. GOVERNM~NT AIR VEHICLE SHIP c. lOC"'!.. iRANSPORTATlO1\l RENTAL TAXI OTHER l flq,VATElY OWNED CONV;;YANCE (Check ana) RATE PER MILE; $0.365 ADVANTAGEOUS TO TH~ GOVERNMENT MILEAGE i'lEiM6URSEMENT AND PER OlEM IS lIMITED TO CONSTRUCTIVE COST OF COMMON CARRIER TRANSPORTATION AND f'fR DIEM AS DETERMINED AND TRAVEl.. TI AS UMITEO PER JTR AS OiTEAMlNI'P BY APPROPRIATE TRANSPORTATION OFFICER (OvElrsea., Travf!l only) 13. D. PER OI~M AUTHORIZEO IN ACCORDANCE WITH JTR. 14. ESTIMATED COST .. PEfI DIEM b. TRAVEL c. OTHER . 340.00 $ 641.00 . b. OTHER Mn OF PER DIEM (SpHifVI 111. TOTAL. $ 981.00 16. ADVANCE AUTHORIZED $ 16. REMARltS (Us. r/l/S spac~ 'or sptteial requirerTlMrs. /ell",,,, IUCBSS lil!g~, ICCOITltTlOthiricns. rllgisrraritln (tHIS, ere.) CLAIMS FOR REIMBURSEMENT WILL BE SUBMITTED WITHIN 5 DAYS AFTER COMPLETION OF TDY, GOVERNMENT QUARTERS AND MESS WILL BE UTIUZED WHEN TRAVEL IS TO A MIUTARY INSTALLATION OR TRA VELBR WILL OBr AIN A STATEMENT OF NON-A V AILABrLITY. OFFICIAL LOCAL AND LONG DISTANCE TELEPHONE CALLS AND FAXES ARE AUTHORIZED. TRAVEL IN AND AROUNP TRAVEL SITE IS AUTHORIZED, EXCESS BAGGAGE IS AUTHORIZED. USE OF PUBLIC TRANSPORTATION IS AUTHORIZED. RENTAL CAR IS AUTHORIZED. OVER NIGHT STAY IS MISSION ESSENTIAL. USE OF LODGING SUCCESS IS MANDATORY FOR TRAVEL. LIlfOIVrnUAL AUTHORIZED TO COURIER CLASSIFIED INFORMATION UP TO TOP SECRET. POV IS AUTHORIZED. FT RUCKER BOQI966I)l(I-334-25S-1134/5216/2626). PURPOSE: TO COORDINATE ATI, USAARL SPECIAL PROJECT ISSUES. 17. TRAVB.-REOUESTING OFFICIAL (Title .ndsiQMlu,1II ," SAME AS BLOCK #18 19. ACCOUNTING CITATION 9120130 1881 0 748026 P847714S2 ZlT2 GER.8688TD01040 HDSOPl 018064 PD/POV $981.00 20. AUTHORrzlJ.lCIORDER-lSSUING OFACl 21. DATE ISSUED fY'f'fYMMDDJ 20010123 22. TRAVEL ORPER NUMBEA SG-Ol..Q40 S. ALLEN DUNLOW LTC, MS, BUDGET OFFICER, 0 DD FOAM 1 10, ,JAN 2001 US/llPA VI.OIl {., ;;", VERIFICATION I, the Movant, am familiar with the facts in the foregoing Motion and verify the averments in the foregoing Motion are true and correct to the best of my knowledge, information and belief, and the source of my information as to matters not stated upon my knowledge is based on information known to me or from information from the Petitioner. I am making this verification on behalf of the Petitioner because Petitioner is out of the Court's jurisdiction and is not available to sign the Verification in time for filing. I understand that false statements herein are made subject to the penalties of 1 8 Pa.C.S. 4909 relating to the unsworn falsification to auth Date: , /2.:(/- V CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, attorney for Fred E. Gerber, II, Petitioner, hereby certifies that on January 25,2002, I served a copy of the foregoing Motion on the following person, by depositing same in the United States mail, postage prepaid, addressed to: Stanley J. laskowski, Esquire Caldwell & Kearns, P.C. 3631 N. Front St. Harrisburg, PA 17110- 1533 Amy J. Mendelsohn, Esquire Rhoads & Sinon, llP Twelfth Floor One South market Square P. O. Box 1146 Harrisburg, PA 17108- 1146 Jacqueline M. Verney, Esquire 44 S. Hanover Sf. Carlisle, PA 17013 Jane N. Heflin 270 N. Garfield Lombard'IL< ~ Richard C. Rupp, Esquire Date: , /"rI()V i ("