HomeMy WebLinkAbout03-04-02
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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.
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7. Petitioner's United States Army orders conflict with the said date this
Honorable Court has set in this matter for March 21,2002.
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, per the Court's prior Order in this matter, have allowed
one access visit for the Respondent to visit with her mother, Mildred J.
Gerber, on February 9, 2002 in Chicago, where the mother has been
living since December 2001 with her daughter, Jane Heflin.
11. Further, following the Court's prior Order, the Respondent has been
having two telephone contacts per week with the incapacitated person.
12. By reason of the access visit having occurred and the weekly telephone
contacts between Respondent and her mother, there is no apparent
urgency that this access hearing has to occur. Further, the visit between
Respondent and her mother did not go very smoothly as the mother
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wanted the visit to end and the Respondent did not want the visit to
end.
13. Attorney Stanley Laskowski, counsel for Respondent, could not be
reached in time for filing and is presumed to oppose to this Motion for
Continuance. (Atty. Laskowski indicated consent to move the date of
hearing if it could have been earlier).
14. Attorney Jacqueline Verney, counsel for the incapacitated person,
consents to this Motion.
WHEREFORE, Your Movant respectfully requests this Honorable Court to enter
an Order continuing the hearing scheduled for March 21, 2002 in this matter.
Respectfully submitted,
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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
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CERTIFICATE OF SERVICE
I, Richard C. Rupp, Esquire, attorney for Fred E. Gerber, II, Petitioner, hereby
certifies that on March 4, 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:
Date:
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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 St.
Carlisle, PA 17013
Jane N. Heflin
270 N. Garfield
lombard, Il 6 48
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