HomeMy WebLinkAbout04-26-02
CERTIFICATE OF SERVICE
AND NOW, this ;JJld day of April, 2002, I hereby certify that I am this day serving a
copy of the foregoing Notice of Appeal and Request for Transcript documents upon each of the
following persons by depositing a true and correct copy of the same in the U.S. first-class mail at
Harrisburg, Pennsylvania, postage prepaid, addressed as follows, which satisfies the requirements
ofPa. R.A.B. 906:
Richard C. Rupp, Esquire
Rupp & Meikle
355 North 21 Street, Suite 205
Camp Hill, PA 17011
Karyn Dixon, Court Administrator
Cumberland County Court House
One Court House Square
Carlisle, PA 17013
Jane N. Heflin
270 North Garfield
Lombard, ILL 60148
Pamela R. Sheaffer
Official Court Reporter
Cumberland County Court House
One Court House Square, Room 406
Carlisle, P A 17013
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PAl 70 13
Amy J. Mendelson, Esquire
Rhoads & Sinon, LLP
1 South Market Square, 12th Floor
P. O. Box 1146
Harrisburg, P A 17108-1146
The Honorable Edgar B. Bayley
Cumberland County Court of Common Pleas
One Court House Square
Carlisle, P A 17013
c.];:
Jt;&I~ .
Stanley J. A.
38914
IN RE: APPOINTMENT OF A
GUARDIAN OF THE PERSON OF
MILDRED J. GERBER
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-01-92 ORPHANS' COURT
NOTICE OF APPEAL
NOTICE IS HEREBY GIVEN that Marilyn Jo Gerber, Respondent in the above named
action, hereby appeals to the Superior Court of Pennsylvania from the Order entered in this
matter on the 27th day of March, 2002, dismissing the exceptions of Marilyn Jo Gerber to the
Order of December 21, 2001, appointing Frederick E. Gerber, II, as personal Guardian of
Mildred J. Gerber. This Order has been entered on the docket as evidenced by the attached copy
of the docket entries.
Respectfully submitted,
CALDWELL & KEARNS
Date:
-9-d~-J...
By ~. - ~
Stanley J. A~ owski, Esquire
3631 North Front Street
Harrisburg, P A 1 7110
(717) 232-7661
LD. #37422
Attorney for Respondent Marilyn Jo Gerber
38910
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Case No 2001-00092
Case Name:
Filed
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GERBER MILDRED J
Age 86
Docket Entries
1 PETITION FOR EMERGENCY GUARDIANSHIP
Relatives/Emergency/Plenary/Estate
2 RULE
ORDER OF COURT - EDGAR BAYLEY, JUDGE
3 ORDER OF COURT-EMERGENCY GUARDIAN APPOINTED-JUDGE BAYLEY
4 SHERIFF'S AFFIDAVIT OF SERVICE
5 ORDER OF COURT-HEARING-JUDGE BAYLEY
6 PETITION TO ADJUDICATE INCAPACITATED AND APPOINT GUARDIAN
Relatives/Regular/Plenary/Person
ORDER OF COURT - EDGAR B. BAYLEY, JUDGE
CITIATION
7 MOTION TO AMEND ORDER OF COURT
8 AMENDED ORDER OF COURT-JUDGE BAYLEY
9 PRAECIPE TO ENTER APPEARANCE ON BEHALF OF MILDRED J GERBER,
BY JACQUELINE M VERNEY, ESQUIRE
10 SHERIFF'S AFFIDAVIT OF SERVICE (3)
11 MOTION FOR CONTINUANCE DUE TO IMPROPER NOTICE
12 PROPOSED OUTLINE OF PROOF
13 CORRECTION TO MOTION FOR CONTINUANCE ON THIS HEARING BEFORE
THIS COURT
14 SHERIFF'S AFFIDAVIT OF SERVICE
15 ORDER TO CONTINUED TO MARCH 22,2001 AT 9:15 A.M.-JUDGE BAYLEY
16 PETITION (MOTION) FOR COURT TO ORDER ACCOUNTING AND PRODUCTION
OF ALL DOCUMENTS PERTAINING TO THE POWER OF ATTORNEY, EXECUTOR
AND TRUSTEE POSITIONS HELD BY FREDERICK E. GERBER,II FOR
AnCt
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MILDRED JANE GERBER AND ALL TRUSTS WHEREBY MILDRED JANE GERBER
IS A BENEFICIARY.
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17 PETITION TO ASK THIS COURT TO ORDER THE FOLLOWING INDIVIDUALS TO
APPEAR IN COURT FOR THE GUARDIANSHIP HEARING ON MARCH 22, 2001.
18 OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21-LINDSAY DARE
BAIRD, ESQ.
19 ORDER OF COURT- SUBPOENA ISSUED TO LINDSAY DARE BAIRD, ESQ.
IS QUASHED.
20 MOTION TO QUASH SUBPOENA- RICHARD C. SENECA, ESQ.
21 MOTION TO QUASH SUBPOENAS - ANDREW C SHEELY ESQ
22 MOTION TO QUASH SUBPOENA - RUPP AND MEIKLE
23 MOTION TO QUASH SUBPOENA - JOSEPH U METZ
24 ORDER - SUBPOENA ISSUED TO RICHARD C. SENECA, ESQ. IS QUASHED.
EDGAR B. BAYLEY, JUDGE
25 MOTION TO QUASH SUBPOENAS - PA. DEPT. OF AGING
26 ORDER - SUBPOENA ISSUED TO HERBERT RUPP, ESQ. IS QUASHED.
EDGAR BAYLEY, J
27 ORDER - SUBPOENA ISSUED TO JOSEPH U. METZ, ESQ. IS QUASHED.
EDGAR BAYLEY, JUDGE
28 ORDER - SUBPOENA ISSUED TO OREN H. KAUFFMAN, CHIEF OF NCPD
CORPORAL ROBERT S. SMEE, PATROLMAN JOSEPH SPADACCINO AND
PATROLMAN JAMES D. BURNS IS QUASHED. MOTION FILED BY
ANDREW SHEELY, ESQ.
EDGAR BAYLEY, J
29 ORDER - SUBPOENA ISSUED TO DENNIS DESANTIS AND IDA DAVIS @ PA. DEPT
OF AGING IS QUASHED.
EDGAR B. BAYLEY, JUDGE.
30 MOTION TO QUASH SUBPOENAS - PNC BANK NA
ORDER - SUBPOENA ISSUED TO PNC BANK IS QUASHED.
EDGAR BAYLEY, JUDGE
31 MOTION TO QUASH SUBPOENA AND OR MOTION FOR PROTECTIVE ORDER
(II (/ f""'\
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JOHN M. SULLIVAN,M.D.
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3/21/01 32 MOTION TO QUASH SUBPOENA - MARY-JO MULLEN, ESQ.
3/21/01 33 ORDER - SUBPOENA ISSUED TO SR. ASST. D.A. MARY-JO MULLEN, ESQ. IS
QUASHED.
EDGAR B. BAYLEY, JUDGE
3/21/01 34 ORDER - SUBPOENA ISSUED TO JOHN M. SULLIVAN, M.D. IS QUASHED.
EDGAR B. BAYLEY, JUDGE
3/22/01 35 MOTION TO QUASH SUBPOENAS- FOR THE AREA AGENCY OF AGING
3/22/01 36 ORDER TO QUASH SUBPOENAS - AREA AGENCY ON AGING - JUDGE BAYLEY
3/22/01
3/23/01
3/23/01
3/23/01
3/23/01
3/23/01
6/21/01
9/05/01
9/07/01
9/07/01
10/02/01
10/03/01
37 LETTER FROM MAY & MAY PC. CONCERNING SUBPOENA ISSUED ON DR.
CUMMINGS I .
38 MOTION TO QUASH SUBPOENA-POLICE SERGEANT RALPH BROWN
39 ORDER OF COURT- TO QUASH SUBPOENA FOR POLICE SGT. RALPH
BROWN.-JUDGE BAYLEY
40 MOTION TO QUASH SUBPOENA-FOR NATALIE GILLIS
41 ORDER OF COURT- TO QUASH SUBPOENA ON NATALIE GILLIS.
42 FINDINGS
ORDER OF COURT- PNC BANK APPOINTED PLENARY GUARDIAN OF THE
ESTATE-JUDGE BAYLEY.
43 INVENTORY
44 PETITION TO ADJUDICATE INCAPACITATED AND APPOINT GUARDIAN OF THE
PERSON
Relatives/Regular/Plenary/Person
45 PRELIMINARY DECREE -HEARING SET FOR OCTOBER 8TH, 2001-JUDGE BAYLEY
46 CITATION
47 ACCEPTANCE OF SERVICE - JACQUELINE M. VERNEY, ESQ.
48 ACCEPTANCE OF SERVICE - PNC BANK NA.
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49 PRAECIPE -PLEASE ENTER MY APPEARANCE ON BEHALF OF MARILYN JO GERBER
STANLEY J. A. LASKOWSKI, ESQUIRE
50 MOTION FOR CONTINUANCE
51 SHERIFF'S AFFIDAVIT OF SERVICE (3)
52 ORDER OF COURT - JUDGE BAYLEY
A CONTINUANCE OF THE HEARING SHALL COMMENCE @ 8:45 A.M. NOV. 7,2001
IN COURTROOM NO.2.
53 IN REi TESTIMONY OF MILDRED J. GERBER-PROCEEDINGS HELD BEFORE
HONORABLE EDGAR B. BAYLEY,J. ON MARCH 22,2001.................
54 MOTION FOR CONTINUANCE
55 PETITION TO REQUIRE FILING OF AN ANSWER TO PETITION FOR APPOINTMENT
OF GUARDIAN OF THE PERSON.
56 ORDER OF COURT- HEARING RE-SCHEDULED FOR DEC. 19,2001 IN COURT
ROOM #2.-JUDGE BAYLEY
57 ORDER OF COURT - CONTINUANCE OF HEARING
EDGAR B BAYLEY, JUDGE
58 ANSWER WITH NEW MATTER TO PETITION FOR APPOINTMENT OF GUARDIAN
OF THE PERSON MILDRED J GERBER, ALLEGED INCAPICATED PERSON
59 MOTION TO STRIKE
60 ORDER OR COURT - WITH A NEW MATTER FILED ON 12-10-01, BEING UN-
TIMELY THE NEW MATTER IS STRICKEN.
EDGAR B. BAYLEY, JUDGE
61 TRANSCRIPT (LODGE)
TRANSCRIPT (LODGE)
TRANSCRIPT (LODGE)
62 TRANSCRIPT (FILED)
TRANSCRIPT (FILED)
TRANSCRIPT (FILED)
IN RE: APPT. OF GUARDIAN PROCEEDINGS HELD
2-21-2001.
IN RE: APPT. OF GUARDIAN PROCEEDINGS HELD
3-22-2001.
IN RE: APPT. OF GUARDIAN PROCEEDINGS HELD
10-8-2001.
IN RE: APPT. OF GUARDIAN PROCEEDINGS HELD
2-21-2001.
IN RE: APPT. OF GUARDIAN PROCEEDINGS HELD
3-22-2001.
IN RE: APPT. OF GUARDIAN PROCEEDINGS HELD
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10-8-2001.
63 MOTION FOR RECONSIDERATION AND TO VACATE ORDER OF COURT
64 MOTION FOR INDEPENDENT EVALUATION OF AND CONTACT WITH MILDRED J.
GERBER
65 ALLEGED INCAPACITATED PERSON MILDRED J. GERBER'S ANSWER AND NEW
MATTER TO MOTION FOR CONTACT WITH MILDRED J. GERBER.
66 IN RE: PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON
OF MILDRED J. GERBER BEFORE BAYLEY, JUDGE
OPINION AND ORDER OF COURT - EDGAR B. BAYLEY, JUDGE
HEARING SET FOR JANUARY 28, 2002 @ 2:30 P.M. COURTROOM NO.2.
67 MOTION
68 EXCEPTIONS OF MARILYN JO GERBER
69 MOTION FOR CONTINUANCE
70 ORDER OF COURT - MOTION FOR CONTINUANCE IS GRANTEDi HEARING
SCHEDULED FOR JANUARY 28, 2002 AT 2:30 P.M. IS
RESCHULED FOR MARCH 21, 2002 AT 1:30 P.M. IN
COURTROOM NO.2.
EDGAR B. BAYLEY, JUDGE
71 MOTION FOR CONTINUANCE
72 RESPONSE OF MARILYN JO GERBER TO MOTION FOR CONTINUANCE.
73 PRAECIPE
74 ORDER OF COURT - HEARING SCHEDULED FOR 3-21-2002 IS FOR THE PURPOSE
OF TAKING THE TESTIMONY OF MILDRED GERBER, THE MOTION OF FREDERICK
E. GERBER, II, FOR A CONTINUANCE, IS DENIED.
EDGAR B. BAYLEY, JUDGE
75 APPLICATION FOR STAY OF JUCIDIAL PROCEEDINGS IN ACCORDANCE WITH THE
FEDERAL SOLDIERS' AND SAILORS' RELIEF ACT OF 1940.
MEMORANDUM FOR RESPONDENT'S. GUARDIAN OF THE PERSON'S, APPLICATION
FOR RELIEF UNDER FEDERAL SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF
1940, AS AMENDED, (SSCRA).
76 ORDER OF COURT - THE APPLICATION FOR A STAY OF JUDICIAL PROCEEDING
IN ACCORDANCE WITH THE FEDERAL SOLDIERS'AND SAILORS' RELIEF ACT OF
1940 IS DENIED - JUDGE BAYLEY
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77 ORDER OF COURT - THE PERSONAL GUARDIAN SHALL ALLOW MARILYN TO VISIT
HER MOTHER FOUR CONTINUOUS HOURS EACH WEEK WHEN
MARILYN CAN ARRANGE TO BE WHERE HER MOTHER IS
LOCATED - JUDGE BAYLEY
3/27/02
78 ORDER OF COURT - EXCEPTIONS OF MARILYN TO THE ORDER OF DECEMBER 21
2001 APPOINTING FREDERICK E GERBER II AS PERSONAL
GUARDIAN OF MILDRED J GERBER ARE DISMISSED
JUDGE BAYLEY
4/19/02
79 GUARDIANSHIP STATEMENT PNC BANK NA
q~u