HomeMy WebLinkAbout03-23-01 (3)
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IN RE: APPOINTMENT OF A
GUARDIAN OF THE ESTATE OF
MILDRED J. GERBER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 21-01-92
FINDINGS
(1) Mildred J. Gerber, born November 9,1914, suffers from dementia that
impairs her capacity to make and communicate decisions.
(2) Her ability to receive and evaluate information effectively and communicate
decisions is impaired to such a significant extent that she is totally unable to manage
her financial resources.
(3) The estrangement between one of her daughters and her other daughter and
son, and the substantial assets in her estate, requires the appointment of a corporate
guardian.
(4) A plenary guardian of the estate is necessary because her incapacity is
permanent.
(5) The guardianship must be for an unlimited period.
ORDER OF COURT
AND NOW, this 22nd day of March, 2001, PNC Bank is appointed plenary
guardian of the estate of Mildred J. Gerber.
By tl)e Court, /
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Edgar B. Bayley, J. I
MR~-Z1-20¢l 17:42 FROM
5. Marilyn Gerber's subpoena was not served upon Sgt. Brown "reasonably in advance
of the date upon which attendance is required" as required by Pa.R.C.P: No.234.3(a).
6. Sgt. Brown has mandatory police training scheduled for the morning of March 22,
2001 in Harrisburg, PA which makes his attendance at the scheduled hearing
impossible.
7. The extreme last minute notice of this hearing, due to a current shortage of police
officer, puts the City of Harrisburg in the position of not having enough officers
scheduled on duty to adequately protect the life and ensure the safety of its residents
and property ifSgt. Brown were required to attend this hearing.
8. Due to the last minute notice of this hearing Sgt. Brown has been unable to review
his files for notes and reports as requested in the subpoena.
9. Marilyn Gerber's subpoena failed to contain the $5.00 witness fee as mandated by
42 Pa.C.S.A. § 5903(b) or the required mileage.
10. Due to the last minute notice of this hearing, this office has not had an opportunity
to discuss this matter with Sgt. Brown. Upon such discussions with Sgt. Brown and
other individuals within the Bureau of Public Safety, the City may wish to amend
this pleading to assert further grounds upon which to quash this subpoena.
WHEREFORE, in view of the foregoing, the CITY respectfully requests that Marilyn
Gerber's Subpoena to Attend and Testify issued to City of Harrisburg Sgt. Ralph C. Brown be
quashed.
Respectfully submitted,
Steven R. Dade
Deputy City Solicitor
Attorney I.D. # 76736
City of Harrisburg
Law Bureau - Suite 402
City Government Center
10 North Second Street
Harrisburg, PA 1710 ! - 1681
(717) 255-3065
Dated: March 21, 2001
at Harrisburg, Pennsylvania
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Richard C. Rupp, Esquire
For Petitioner
Jacqueline M. Verney, Esquire
For Mildred J. Gerber
Marilyn Gerber, Pro se
42 Drexel Place
New Cumberland, PA 17070
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VERIFICATION
1, CHARLES KELLAR, Police Chief for the City of Harrisburg, verify that the
statements made in the foregoing Motion to Quash Subpoena are true and correct to the best of my
knowledge and belief. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. §4904 relating to unswom falsification to authorities.
By:
Charles Kellar
Date:
TOTAL P.07