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Home My WebLink About02-16-01 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 FOR CONTINUANCE DUE TO IMPROPER NOTICE TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. The respondent is Marilyn Jo Gerber, the first child and eldest daughter and medical and long-term caregiver of Mildred Jane Gerber, the alleged incapacitated person. The respondent resides at 42 Drexel Place, New Cumberland, PA 17070. 2. This respondent, Marilyn Jo Gerber is presenting herself as PRO-SE. 3. This Court of Common Pleas, ORPHANS!' COURT, has ordered a final hearing on February 21,2001,at 3:00 p.m., iai=Courtroom No.2, Cumberland Cunty Courthouse,Car_Lisle, ..... ........ Pennsylvania. ~-~h~,~/~ --~- .~'~ 4. This hearing on February 21, 2001 is a FINAL hearing on the appointment of a guardian of the estate of Mildred Jane Gerber, an alleged incapacitated person. 5. On January 25,2001, this Court, the Honorable Judge Edgar B Bayley, signed an appointment of an Emergency~ Guardian appointing Col Frederick E Gerber,II as ~f~ a temporary guardian to last for the period of 30 days. 6. On January 25,2001, this court, the Honorable Judge Edgar B Bayley, ordered a final hearing on February 21, 2001 in Courtroom No.2 in Cumberland Conty Courthouse, Carlisle, Pennsylvania. ~'~h~i~A 7. Exhibit A indicates that this Court's clerk, mailed out the notice of a final guardianship hearing on January 3o, 2001 to attorneys: Jacqueline E Verney for Mildred Jane Gerber and Richard C Rupp,at~o~ne~ for petitioner,Col Frederick E Gerber,II. 8. Ms Gerber, this respondent was never mailed any copies of the initial petition, the emergency appointment of Col Fredereick E Gerber,II as guardian of Mildred Jane Gerber nor a copy of the court order of the final hearing on guardiansip of Mildred Jane Gerber on February 21,2001. 9. On February 1,2001, this Court ordered a citation awarded~ directed to Mildred Jane Gerber to show cause why Frederick E. Gerber,II, should not be appointed Guardian of her Estate for the purpose of preserving her assets. 10. On February 1,2001, this COurt ordered thatat least 20 days notice of the hearinq shall be qiven to Mildred Jane Gerber and by service of notice of the hearing, the Petition and Citation, upon the following persons, by personal service of by certified or registered mail: to Jane Noel Heflin-daughter and Marilyn Jo Gerber,daughter. 11. Ms Marilyn Jo Gerber did not receive her certified notice and sign for it until February 9,2001. The above mentioned citation and petition was not mailed until February 5,2001, by R. Thomas Kline,Sheriff,County of Cumberland,Court House, Carlisle,PA 17013. 12. The Post Office at New Cumberland, did not receive this mail until Febr~'~Y 6,2001. ~2~/~-~~ 13. Ms Marilyn Jo Gerber, was out of state receiving medical treatment and did not pick up this cetified mail notice from the New Cumberland post office until the day of February 9,2001. Ms Gerber did not return to her resi~ence~ until late the evening of February 8,2001 and came from out of state. 14. Interestingly enough, on January 23,2110, a notice was served on Mildred Jane Gerber at 0011:25 on January 23,2001 in the presence of her son, Col Frederick E Gerber, son,of a Court order and citation by R. Thomas Kline, Sheriff for the Court in Cumberland County. This document however was not sworn and subscribed to UNTIL January 25, 2001 before Pauline Barkley,Deputy. ~~/7-~ 15. The actual Citation Notice however is not signed until Feruary 1,2001 notifying Mildred Jane Gerber and signed by Mary C. Lewis,Deputy of Orphans' Court in Cumberland County. ARGUMENTS FOR THIS MOTION FOR CONTINUANCE 16. It is clear from the p~nts 5 through 15 of this motion, that there was IMPROPER SERVICE upon Marilyn Jo Gerber and a confusion of dates of the submitted d~Cnments with this motion. 17. Due to the fact tha~here has been a lack of 20 days notice to Marilyn Jo Gerber, Ms Gerber, the respondent and petitioner of this Motion asks this Court to consider the following arguments: [al Since there has been only 15 days notice and Ms Gerber only received this origianl service on late, Friday, February 1,2001,Ms Gerber has had insufficient time to prepare for this upcoming hearing. ~ Ms Gerber on Monday, February 12;2001, obtained late on Monday afternoon, copies of this entire court case from Ms Barkley in Orphans' Court in Carlisle. ~% Ms Gerber had to go out of state for medical treatment from February 13-14,2001 and did not return until the late evening of February 14,2001~erb~spent February 2001, returning from out of state as well as submitted very difficult and painful medical tests the entire afternoon of February 14,2001. (~. Ms Gerber asks this Court to consider that there is insufficient time to file a respQnse to this February 21, 2001, guardianshi~hea~ing. (e~ Ms Gerber asks this Court to consider that there is insufficient time to prepare a witness list, prepare for this hearing as well as serve over 50 witnesses and meet the requirements of witness service, time of notice,etc. ~ Ms Gerber is not an attorney and also needs sufficient time to secure legal counsel for this Feb 21,2001 hearing. 18. Ms Gerber is also totally disabled and is now illegally separated from her mother, Mildred Jane Gerber, her re- sidence with Mildred Jane Gerber as well as food, finances and security. Ms Gerber since her brother, Col Frederick E Gerber,II took~hostage"control of his mother, Mildred Jane Gerber, has not allowed Ms Marilyn Gerber to provide medical care,nutritional care and supervisory care of their mutual mother. Mrs. Mildred Jane Gerber has had her locks changed on her residence at 623 Hiltop Drive, New Cumber- land, PAo In addition, Mrs Gerber has had her phone number 6hanged and listed as UNLISTED. This ha~ resulted in the fact that NO doctor, therapist, scheduled doctors appointments ,ordered lab work, conference with therapists and physicians have been kept. Special instructions as to Mrs Mildred' Gerber's special nutritional, medication and meal preparation as well as access by hired care- certified nursing aide and companion have been deB~dcto Mildred Gerber by Col Frederick E Gerber,II and Ms Jane Noel Gerber. No one has seen Mildred Gerber now for over 33 days.No physician , therapist or lab work has been contacted by Col Fred E Gerber since taking control of Mildred Jane Gerber on February 13,2001. 19. Ms Gerber has contacted every agencey possible to inform them of this "hostage" control of Mildred Gerber. The following have been notified: Dept of Aging, Adult Protective Services, the District Attorney and CID of Cumberland County, Commissioner's Office of Cumberland County, All Mrs Gerber's medical team, Mrs Gerber's per sonal friends, the New Cumberland Wives' Club, per companion and Certified Nurses Aide, the New Cumberland Police. 20 Ms Marilyn Gerber, is also at risk now for food, shelter and safety and medical services. Ms Gerer is a legal beneficiary of a large financial trust that Col Fred E Gerber is trustee. Col Gerber for three years has refu- sed any disbursement of funds for Ms Gerber's medical financial or personal needs. Currently Ms Gerber has been totally disabled from a motor vehicle accident on June 1,2000 and has received no income for almost nine months. Ms Gerber is now destitute and eating on charity and currently is applying for state and federal support Prior to Col Gerber taking control of Mrs Gerber, Ms Marilyn Gerber was a legal power of attorney for Mrs Gerber as well was legally given a credit card under Mrs Gerber's name. Mrs Gerber has also willingly provided financial support for Ms Marilyn Gerber since her Accident 6/1/00. In summary, Ms Gerber respectfully asks this Court to grant this Motion for a Continuance for at least a period of 30 days for all of the above arguments in this Motion for Continuance. Dated: this 16th day of February in New Cumberland, PA i~i~n~°~erber_ 42 Drexel Place //New Cumberland,Pa 17070 VERIFICATION I, Marilyn Jo Gerber,verify that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information and belief. The undersigned udnerstands that false statements herein are made subject to the penalties of 18Pa.C.S.A.4904 relating to unsworn falsification to authorities. / - p~o~n ~~b~r PROOF OF SERVICE I Marilyn Jo Gerber, Pro-Se do hereby certify that a true and complete copy of the Motion for Continuance has been sent by cetified,pre-paid United States Post Office on this day, February 16,2001. Copies were sent to Ms Verney and Mr Rupp,Esquires. NeW Cumberland,PA 17070 (717)233-9418 Copies sent to: 1. Jacqueline E Verney,Espquire 44 South Hanover Street Carlisle,PA 17013 2. Richard Rupp 355 North 21st Strret Camp,Hill,PA 17011