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Home My WebLink About03-19-01 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION RE: No.21-01-92 APPOINTMENT OF A GUARDIAN OF THE ESTATE OF MILDRED JANE GERBER an alleged incapacitated person PETITION TO ASK THIS COURT TO ORDER THE FOLLOWING INDIVIDUALS TO APPEAR IN COURT FOR THE GUARDIANSHIP HEARING ON MARCH 22~2001 TO THE HONORABLE,THE JUDGES OF SAID COURT: 1. Ms Marilyn Jo Gerber,Pro-Se is the petitioner of this Motion to ask this Court to order witnesses to the upcoming Guardianship hearing on March 22,2001. 2. At the last~Court ordered hearing on February 21,200! in the chambers of the Honorable Judge Bayley, Ms Gerber had supoened two individuals who asked that the~ supoena be faxed over to them. 3. On February 20,2001, two supoenas were faxed over to the following individuals per their agreement to appear at the hearing on February 21,2001. 4. These two supoen~were paid for at the Orphans' Court to Deputy Mary C Lewis at $5.00 each. Mr Josephn Metz,Esquire Fax (717) 232-8199 / ~7~/~3 7~ ~ Faxed on February 20,2001 at 14.00PM ~~~ ~ Dr William Richwine ~~/~~ ~"~;/~U~ .-~:/I~ Fax (717) 761-0603 Faxed on February 20,2001 at 14:10PM Page Two 5. On February 21,2001, Mrs Mildred Jane Gerber was served by a Investigator, Mr Mathew E Hunt at 09:40 AM. 6. Mrs Mildred Jane Gerber did not appear at the hearing on February 21,2001 and thus was ordered to appear in Court on March 22,2110 at 09:15AM 7. Subsequently to the last hearing on February 21,200I Ms Gerber has attempted to reach Mr Joseph Metz without sucess and therefore asks this court to order Mr Metz to appear in Court on March 22,2001 at ~9:15 AM. 8. Subsequently to the last hearing on February 21,2001 Ms Gerber has had a conversation with Dr William Richwine and Dr Richwine requests that he be ordered into Court on March 22,2001 at 09:15AM. Since, Dr Richwine is a busy physician, I respectfully resquest that Dr Richwine be heard in a timely basis due to his busy patient schedule. 9. Ms Gerber also requests the following supoenas to be Court ordered per the statutes of Cumberland COunty. MOTION TO COMPEL THE FO, LOWING PEOPLE TO APPEAR IN PERSON WITH REORDS 1. Ms Priscilla Whitman REQUEST ALL RECORDS ON INTEVIEWS Care Manager INTAKe, EVALUATION OF Mildred Cumberland County Office of Aging GERBER 16 West High i~S~reet Carlisle, PA 17013 This request goes for all TEL (717)240-6110 the care managers listed. 2. Ms BeVerly Christ,RN Care Manager Director Cumberland County Office of Aging 16 West High Street Carlisle,PA 17013 TEL (717)240-6110 3.Ms Sandy Gurreri Care Manager Cumberland County Office of Aging 16 West High Street Carlisle,PA 17013 TEL (717)240-6110 4. Ms Ida Davis REQUEST FOR ALL RECORDS,INTERVIEWS Department of Aging INTAKE, EVALUATIONS ON MILDED 555 Walnut Street - Forum Place Gerber Harrisburg,PA 17101 Page Three 5. Mr Dennis DeSantis Department of Aging 5th Floor 555 Walnut Street Harrisburg,PA 17101 REQUEST FOR ALL RECORDS TEL 783-1550 SURROUNDING Mildred Gerber 6. Dr. Maria Michalek ALL MEDICAL RECORDS AND TESTS 890 Popular Church Road LAB AND MRI RESULTS FROM Camp Hill,PA OFFICE VISIT Jan 1998 TEL 975-8588 for Mildred Gerber DOB 11/9/14 7. Dr. Carie Cummings,III ALL MEDICAL RECORDS PERTAINING 1617 N Front Street TO THE LAST TWO WEEKS OF CARE Harrisburg,PA ON Fred E Gerber DOB 8/16/13 236-6482 AND ANY NOTES ON GERBER FAMILY ESPECIALLY LAST FEW DAYS IN 8. Dr. Angela Hamlin-Soto FEB 1998 532 N Front Street Wormlesburg,PA ALL MEDICAL RECORDS AND NOTES 761-4141 ON FAMILY CONFERENCE OF TERM INATION OF LIFE OF Fred E 9. Dr. John Sullivan Gerber DOB 8/16/13 on Feb 22,98 1001 S Market Street and any notes of family conf Mechanicsburg,PA especially with Mildred Gerber 697-5050 Fred Gerber,II, Jane Heflin 10. Mr Richard Seneca,Esq 2601 North 3rd Street can serve supoena at Harrisburg,PA 17 South Market Square 231-8250 Hariisburg,PA 17110 11. Chief Orin Kauffman,II Chief of Police for New Cumberland Borough Hall 1120 Market Street New Cumberland,PA 774-0404 along with Police Officers 12. Officer Smee REQUEST ALL NOTES OFFICIAL 13. Officer Burns OR INFORMAL ON GERER FAMILY 14. Officer Spadacine ESPECIALLY ON MILDRED Gerber, Marilyn Gerber,Jane Heflin 15. Ms Mary Jo Mullen and Col Fred E Gerber,II.incl District Attorney Telephone Conversations,etc. One Courthouse Square Carlisle,PA 17013 697-0371 ALL NOTES ON MEETING WITH MILDRED Gerber,Herbert and Richard Rupp, and notes o on ARD of Marilyn Gerber. Page Four 16. Mr Jeffrey R Roes c/o Charles Schwab Branch Manager Vice-President NOTES, LETTERS,ETC ON 22 A North Second Street MEETINGS.TELEPHONE CONVER Harrisburg,PA SATIONS WITH MARILYN GERBR 257-3938 MILDRED Gerber,Jane Heflin FREDERICK E Gerber,II 17. Mr Brian Rheam _.or ~ny internal employeesSchwab Recruiting Manager c/o unar±es Schwab 22 A NOrth Second Street Harrisburg,PA Notes or recordsof telephone 257-3938 conversationsd with Marilyn Gerber, Mildred Gerber,Jane Heflin,Frderick E Gerber,II 18. Mr Herbert Rupp 355 North 21st Street Notes and telephone records Camp Hill,PA 17011 and itemized summary of fin- 761-3459 ancial payments on Mildred Gerber, Frederick E Gerber,II 19. Ms Barbara Martin,MSW Marilyn Gerer and Jane Heflin Caring Community Director 1300 Bridge Streetr New Cumberland,PA 17070 774-1029 20. Ms Amy or Jose Dominguez,PT (Manager) Ms Amy apparently Joyner Sportmedicine Institute on vacation 3/22/01 3916 Trindle Road Camp Hill,PA ALL RECORDS ON MILDRED GERBER 975-9844 PHYSICAL THERAPY @)))_PRESENT 22. Ms Lindsay Baird, Esq ALL NOTES ON MILDRED GERBER 37 South Hanover Street Mildred Gerber,Frederick ~ Carlisle,PA 17013 Gerber,II and Marilyn Gerber 243-5732 23. Mr Taylor Andrews Chief Public Defender ALL NOTES ON MARILYN GERB~ One Courthouse Square AND MILDRED GERBER,HERBE~i' Carlisle,PA 17013 RUPP 24. Mr Daniel Gilliand,CPA,P.C. 7700 Leesburg Pike ALL FINANCIAL RECORDS ON GERBER Suite 402B FAMILYN TRUST,Frederick E GERBER Falls Church,VA 22043 TEL(703) 448-9121 JANE HEFLIN AND ALL GERBER GRANDCHILDREN Misha,Sascha Gerber,Sean & AMANDA HEFLIN,JOHN HEFLIN PAGE FIVE 25. Ms Jennifer Conway _PNC BANK 331 Bridge Street ALL BANK CHECKING,CD,MM New Cumberland,PA 17070 STATEMENTS ON MILDRED GERBER 774-8743 FOR 1998,1999,2000,2001 present 26. Mr Thomas DiLello -PNC BANK Senior Investmnet Consultant 2 East Main Street ALL NOTES AND RECORDS ON Mechanicsbu~,PA 16055 FINANCIAL ASSETS OF MILDRED 691-4003 J GERBER, TELEPHONE CONVER-- SATIONS WITH MARILYN GERBER 27. Ms Marie PNC BANK Bank Teller at New Cumberland, Bridge Street Branc 331 Bridge Street New Cumberland,PA 17070 774-8743 28. Ms Jane Noel Gerber-Heflin 623 Hilltop Drive ALL Notes 0N MILDRED GERBER New Cumberland,PA 17070 AND M~'~$~J__GERBER FOR Cell phone: (630) 258-3793 1998-1999-2000,2001 present 29. Mr Michael Victor Ciccocioppo - Holy Spirit Hospital Vice President of Compliance 503 N 21st Street ASLL ALL NOTES ON TELEPHONE Camp Hill,PA OR WRITTEN CONVERSATIONS 763-2100 WITH Col Frederick E GERBER,II 30. Holy Spirit Hospital Nurse Natalie Gillis c/o John Dietz Clinic 503 N 21st Street Camp Hill,PA Nurse Gillis to be present and 763-2100 along withpD&itient record of her care for Mildred Gerber on July 31,2000 in John Dietz Clnic ~. Todd Pe~.~leschi,D.P.M 564 Old York Road ALL RECORDS ON MILDRED GEBER Etters,PA 17319 938-5200 32. Ms Mary Whipple ALL NOTES, RECRODS,DATES OF 321 Carol Street SERVICE, MONIES RECEIVED FROM New Cumberland,PA MARILYN GERBER AND FRED E 770-2288 GERBER,II f~ care of mildred ~erber PAGE SIX 10. MS Gerber is respectfully requesting that this Court review this MOtion to Compel the witnesses listed in 9.1-32 to appear and also bring records and notes for the hearing on March 22,2001 at 09:15AM Ms Gerber shall accept telephonic testimony from any of the medical practioners or nurse due to their busy patient scheduel and already schedules patients not related to this hearing. If any of the medical practioners or nurse choose to testify telephonically, then it is requested that they be ordered to send notes and records to Ms Marilyn Gerber or send them by messenger to Courtroom 2 Attention: Ms Marilyn Ge ber for the day of the hearing 11. Ms Gerber is submitting this Motion to Enforce and Motion to Compel under privacy and has elected not to serve notice on the attorneys of Mr Richard Rupp or Ms Jacq~sline Verney due to the sensitivity of the wintesses so as not to corrupt or ta any upcoming testimony as well as infringe on the patient privacy and medical patient rights of Mildred Gerber. It must be noted that Marilyn Gerber is an RN Nurse lceensed to actice in Pennsylvania and has not and will not vi late Mildred Gerber's patient confidentiality withou~ prior consent from Mildred Gerber. Ms Marilyn Gerber has been part of the m~ ical team providing care for Mildred Gerber since March 2000 and essentially has medical proxy of Mildred Gerber per Mildred Gerber's statement and testimony to her primary Care Physician Dr William Richwine and her attorney,Jr Joseph Metz. DATE: this 19th day of March~2001 in New Cumberland,PA 17070 Respectfully, 42 Drexel Place New Cumberland,PA 17070 (717)503-5480 Pager (717)233-9418 SUBPOENA Cumberland County, SS: GREETING: We command you and each of you, that, setting aside all manner of business and excuses, you be and appear in your proper person before our Judges at Carlisle, at our County Court of Common Pleas, Orphans' Court Division, there to be held in the County of Cumberland, on the °7~__~ at ~/ day of ~ ' .~o~whi~~ [prevailing time] of that day, to testify all and singular you shall know in a certain information for Failure to appear may result in the initiation of contempt of court proceedings against you and/or issuance of a bench warrant to secure your presence. WITNESS the Honorable George E. Hoffer, -' ...... - '-- President Judge, at Carlisle, the day of_ A.D. ONE THOUSAND - NINE HUNDRED and SUBPOENA Cumberland County, SS: GREETING: We command you and each of you, that, setting aside all manner of business and excuses, you be and appear in your proper person before our Judges at Carlisle, at our County Court of Common Pleas, Orphans' Court Division, there to be held in the County of Cumberland, on the ff-~ day of /~r~~_~ ~/ at. ,._~ ~_~_..M.~ [prevailing time] of that day, to testify al~.~ you shall know in a certain information for Failure to appear may result in the initiation of contempt of court proceedings against you and/or issuance of a bench warrant to secure your presence. .... WITNESS the Honorable George E. Hoffer, '- ........ '. ': President Judge, at Carlisle, the ~ day of A.D. ONE THOUSAND NINE HUNDRED and CLEJ~K OF ORPH~kNS' cOU~T-~ IN RE: APPOINTMENT OF A IN THE COURT OF COMMON PLEAS OF GUARDIAN OF THE ESTATE OF CUMBERLAND COUNTY, PENNSYLVANIA MILDRED J. GERBER NO. 21-01-92 ORDER OF COURT AND NOW, this ~ day of March, 2001, based on the within objections to subpoena pursuant to Pa. Rule of Civil Procedure 4009.21, the subpoena issued to Lindsay Dare Baird, Esquire, IS QUASHED. Edgar-Bi [~ay~y~,_.~ Richard C. Rupp, Esquire Jacqueline M. Verney, Esquire Marilyn Gerber 42 Drexel Place New Cumberland, PA 17070 :saa