HomeMy WebLinkAbout02-14-01 COURT COMMOn PLEAS
CUMBERb ND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: : No. 21-01-92
APPOINTMENT OF A GUARDIAN :
OF THE ESTATE OF MILDRED J. GERBER, :
an alleged incapacitated person :
AMENDED ORDER OF COURT
AND NOW, this //~-.~ day of February, 2001, upon consideration of the
Motion to amend the Order of this Court dated January 25, 2001
IT IS HEREBY ORDERED AND DECREED:
· The Emergency Guardian shall have the exclusive power with
respect to and control over all of the assets of Mildred J. Gerber
including but not limited to the residential real estate premises at
623 Hilltop Drive, New Cumberland, PA 1 7070, the bank
accounts at PNC Bank, the assets of the Mildred J. Gerber
Revocable Trust which assets are currently invested by Charles
Schwab & Company, Inc., the personal property including but
not limited to furniture and furnishings and equipment in the
residence at 623 Hilltop Drive, New Cumberland, PA 1 7070 and
the personal belongings of Mildred J. Gerber including but not
limited to jewelry.
· The Emergency Guardian shall have the following duties and
liabilities: preserve the assets of Mildred J. Gerber, pay all of the
legitimate bills of Mildred J. Gerber incurred by her prior to the
appointment of the Emergency Guardian, expend such sums of
money as may be necessary or advisable for the maintenance,
comfort, care and personal needs of Mildred J. Gerber and to
pay any and all bills, including insurance premiums, to maintain
and protect the assets of Mildred J. Gerber, and attorneys fees.
· The Emergency Guardian shall make an accounting to this Court
with respect to the above upon termination of the Emergency
Guardianship.
· In all other respects, the Order of this Court dated January 25,
2001 is incorporated herein and confirmed.
· This Amended Order of Court shall be served upon Mildred J.
Gerber, Marilyn J. Gerber and Jane N. Gerber by personal
service or certified or registered mail.
BY THE C~~/,,~
MII,DRED J. GERBER and : THE COURT OF COMMON PLEAS OF
MARIIJYN J. GERBER, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs : ORPHANS COURT DMSION
VS. .'
: NO. 00-7831 Equity
:
FRED E. GERBER II, TRUSTEE :
Defendant : Civil Action-Equity
ORDER
AND NOW, this ]q~t~ dayof-~e~r~Lr ,200i, upon
consideration of Defendant's Motion to Dismiss and Plaintiff Marilyn J. ~verber's Answer thereto,
it is hereby ordered that:
1. PlaintiWs Petition for Accounting is transferred from the Court of Common Pleas of
Cumberland County, Equity Division to the Court of Common Pleas of Cumberland County,
Orphan's Court Division.
2.. The Prothonotary of the Cumberland County Court of Common Pleas is directed to
transfer the file in this case to the Clerk of the Orphan's Court, Register of Wills and provide a
new docket number.
3. The filing date of the Petition for Accounting shall remain November 3, 2000 for all
purposes
4. The Court's Order of January 22, 2001 is vacated in so far as it ordered argument on
Defendant's Motion to Dismiss before the Court on March 26, 2001 at 11:15 a.m and
depositions within 45 days of January 22, 2001.
5. Defendant's Motion to Dismiss Action is Denied as Moot.
6. A copy of this Order shall be served on all Parties.