HomeMy WebLinkAbout02-12-01 COURT OF COMMON PLEAS
OF CUMBERLAND 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 .'
MOTION TO AMEND ORDER OF COURT
AND NOW, this 12th day of February, 2001, Frederick E. Gerber, II,
Emergency Guardian of the Estate of Mildred J. Gerber, by his attorneys Rupp and
Meikle and Richard C. Rupp respectfully moves this Court for an amended Order, as
follows:
1. Frederick E. Gerber, II, was appointed Emergency Guardian of the
Estate of Mildred J. Gerber by order of this Court on January 25, 2001.
2. § 5513 of the act of June 30, 1972 P. L. 508 No. 164 Section 2 as
amended in 1992, April 16 P.L. 108 No. 24 Section 10, 20 Pa. C.S.A
§ 5513 provides that an Emergency Guardian appointed for the Estate
-of an alleged incap'~¢i-t-ated-person shall only have and be subject to
such powers, duties and liabilities as the Court shall direct in its decree.
3. No powers, duties or liabilities are contained in the Order of Court
(Decree) of January 25, 2001.
4. It is suggested that 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 17070 and the personal belongings of Mildred J. Gerber including
but not limited to jewelry.
5. It is suggested that 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.
6. To make an accounting to the Court with respect to the above upon
termination of the Emergency Guardianship.
7. Attorney Jacqueline Verney, legal counsel for the alleged incapacitated
person, Mildred J. Gerber, concurs in this Motion.
WHEREFORE, Fred E. Gerber, II, Emergency Guardian, respectfully moves this
Court to issue an amended Order as set forth above.
Respectfully submitted,
Richard C. Rupp
Sup. Court I.D. No.: 34832
355 North 21 st Street, Suite 205
Camp Hill, PA 1 7011
(717) 761-3459
Attorney for Fred E. Gerber, II,
Emergency Guardian
CERTIFICATE OF SERVICE
I, Richard C. Rupp, Esquire, attorney for Petitioner, Frederick E. Gerber, II hereby
certify that on February 12, 2001, I served a copy on the following person of the foregoing
documents, by depositing same in the United States mail, postage prepaid, on the date below,
addressed to:
Jacqueline M. Verney, Esquire
44 S. Hanover St.
Carlisle,~
Richard C. Rupp, Esquire
~,~ Date: 2'[[~.///([ ---~ ......