HomeMy WebLinkAbout09-05-01 COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: : No. ~,~! - C)~-q. ~-'
APPOINTMENT OF A GUARDIAN :
OF THE PERSON OF MILDRED J. GERBER, :
an alleged incapacitated person :
PETITION FOR APPOINTMENT OF A GUARDIAN OF THE PERSON
IN ACCORDANCE WITH 20 PA C.S.A. § 5511
TO THE HONORABLE, THE JUDGES OF SAID COURT:
1. The Petitioner is Frederick E. Gerber, II, the son of Mildred J. Gerber,
the alleged incapacitated person. The Petitioner resides at 4287
Kearney Lane, Fairfax, VA 22033.
2. The Petitioner was appointed Emergency Guardian of the Estate of
Mildred J. Gerber by Order of this Honorable Court on January 25,
2001.
3. PNC BANK was appointed the plenary Guardian of the Estate of
Mildred J. Gerber by Order of this Honorable Court on March 22, 2001.
A copy of said Order is marked Exhibit 'A', attached hereto, and
incorporated herein by reference.
4. The alleged incapacitated person, Mildred J. Gerber, is 86 years of age,
a widow, and resides at 623 Hilltop Drive, New Cumberland
(Cumberland County), Pennsylvania 17070. The alleged incapacitated
person's date of birth is November 9, 1914 and her Social Security No.
is 176-32-5872.
5. The following persons are the alleged incapacitated person's only living
next-of-kin:
a. Frederick E. Gerber, II, an adult individual, her son, 4287
Kearney Lane, Fairfax, VA 22033
b. Jane N. Heflin, an adult individual, her daughter, 270 N.
Garfield, Lombard, IL 60148
c. Marilyn J. Gerber, an adult individual, her daughter, who has a
Pennsylvania residence of 42 Drexel Place, New Cumberland, PA
17070 and a California residence of 1830 Gough St., Apt. 2, San
Francisco, CA 94109.
6. The assets of the alleged incapacitated person are valued at
approximately $462,000 comprised of the following:
a. Residence at 623 Hilltop Drive, New Cumberland,
Pennsylvania 1 7070 $145,000
b. Furniture and furnishings, equipment, etc. $7,000
c. Jewelry and personal possessions $10,000
d. Living Trust of Mildred J. Gerber (Frederick E.
Gerber, II, Trustee) $300,000
7. The alleged incapacitated person's monthly income is approximately
$4,228 which includes:
a. Social Security benefits $653.00
.... ~b~,~Deceased-husband~s~civil servicepension P . ~-05.~)0
c. Deceased husband's military pension $2,122.00
d. Fred E. Gerber (deceased husband of Mildred J.
Gerber) Trust, discretionary payment representing
rent from rental property in Baltimore, MD $400.00_~
8. The alleged incapacitated person was not and is not a member of the
armed services of the United States and is not receiving benefits from
the United States Veterans Administration.
9. The alleged incapacitated person is suffering from infirmities of old age
and lack of short-term memory, when pressured becomes easily
confused, when pressured cannot make intelligent decisions and when
pressured lacks ability to fully understand the consequences of her
actions.
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10. The proposed Guardian of the Person of the alleged incapacitated
person is the Petitioner, Frederick E. Gerber, II.
11. Mildred J. Gerber, the alleged incapacitated person, in her Power of
Attorney dated January 21,2001, Paragraph 20 states as follows: "For
the purpose of recording my wishes in a convenient place, I record here
that if it is necessary to appoint a Guardian of my person or a Guardian
of my Estate, it is my desire that my Agent be appointed". Frederick E.
Gerber, II, is appointed as Agent of the Power of Attorney. A copy of
said Power of Attorney is marked Exhibit "B', attached hereto, and
incorporated herein by reference.
12. The Petitioner is the Executor of his father's Estate, is the Trustee of a
Trust established by his father, is the Trustee of the alleged
incapacitated person's Living Trust, is the named Executor in the
alleged incapacitated person's Will, is the Agent appointed in the
alleged incapacitated person's Power-of-Attorney, is a Colonel in the
United States Army stationed in Falls Church, Virginia, is the Director of
Health Care Operations under the United States Army Surgeon
General. He has participated in the presentation of testimony in excess
of 12 times before Congressional Committees concerning the health
care of military personnel.
13. The Petitioner has no personal adverse interests to the alleged
incapacitated person.
14. The Petitioner has attempted to protect his mother, the alleged
incapacitated person, in the following ways:
...... ......... 1 .~ Petitio~er~:has~attempted-to-find less restrictive alternatives for~the-~,
care, needs and protection of his mother.
2. Petitioner has obtained caretakers to stay with his mother during
much of the day each day.
3. Petitioner further cares for his mother every weekend by traveling
from Virginia where the Petitioner lives and works.
4. One of the mother's daughters, Jane Heflin, visits frequently to
care for her mother, the alleged incapacitated person.
15. However, these alternatives, the Petitioner feels, have provided less
than fully adequate measures for the care, needs and protection of his
mother, the alleged incapacitated person.
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16. These above referenced measures for the benefit, care and protection
of the alleged incapacitated person have not been successful because of
the following:
a. The alleged incapacitated person because of her loss of short-
term memory cannot always remember whether she took her
pills or not and therefore either may not take her pills or may
take too many pills.
b. The alleged incapacitated person is not able to take care of her
proper hygiene without the daily caretakers mentioned above.
c. The alleged incapacitated person can no longer drive so that
groceries, medicines and other items must be obtained for her.
d. The alleged incapacitated person has suffered a mental
deterioration according to both Dr. Sabo and Dr. Cadieux, who
have examined her.
e. The alleged incapacitated person has suffered an emotional
decline according to both Dr. Sabo and Dr. Cadieux.
f. The alleged incapacitated person has suffered a decline in her
adaptive behavioral skills according to both Dr. Sabo and Dr.
Cadieux.
g. The alleged incapacitated person does not or cannot recognize
her own needs.
The unavailability of caretakers at certain times and the diverse
number of caretakers ~s~-~ot-completely-satisfactory as a~solution
for the needs, care and protection of the alleged incapacitated
person.
i. It is the opinion of Dr. Cadieux that in the near future the alleged~
incapacitated person may need institutional care for her needs,
care and protection.
j. One daughter, Marilyn J. Gerber, who the Petitioner believes
took major advantage of the mother during the year 2000, has
made further attempts to contact and gain control of the mother
following the appointment of PNC Bank as plenary Guardian of
the mother's Estate.
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k. The Petitioner has observed that his mother's interaction with this
daughter, Marilyn J. Gerber, is emotionally draining on his
mother.
I. Marilyn J. Gerber, the daughter, has attempted since the
mother's husband's death to control the mother primarily for
Marilyn's benefit and not for the mother's benefit.
(1) In the year 2000, when Marilyn moved in to the mother's
residence, she attempted to have her mother sign
numerous documents.
(2) Marilyn had her mother sign as a Plaintiff in a case for the
removal of the Petitioner from his fiduciary positions as
Executor of the late Fred Gerber, Sr.'s Estate and Trustee
of the late Fred Gerber, Sr.'s Irrevocable Living Trust.
(3) Marilyn caused Mildred to sign a Revocation of the
Appointment of Fred E. Gerber, II, Power of Attorney for
the mother and Trusteeships in both the late Fred Gerber's
Irrevocable Living Trust and the mother's Living Trust.
(4) Marilyn J. Gerber also wanted a new Will and Power of
Attorney drafted for the mother which would cause the
mother to change her extensive prior planning and change
from her son, Fred E. Gerber, II, to Marilyn as both
Executor and Power of Attorney.
(5) Your Petitioner believes these were not drafted nor signed
by the mother. Your Petitioner believes that the mother
when in the presence of Marilyn or being ordered by
Marilyn to do something, yields to Marilyn in order to
obtain peace and harmony in the mother's life.
m. Doctor Roger Cadieux in his psychological evaluation
recommended that a Guardian be sought to take care of the
mother's activities of daily living as well as a Guardian to
manage her financial assets and affairs. A copy of said report is
marked Exhibit "C", attached hereto, and incorporated herein by
reference.
n. The Petitioner believes that the daughter's, Marilyn Gerber's,
demands on the mother emotionally drain the mother.
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o. Daughter, Marilyn Gerber, attempted to control and disrupt
provision of father's health care in his last illness. The Petitioner
believes Marilyn Gerber will attempt also to control and disrupt
provision of health care to mother, alleged incapacitated person.
p. The Petitioner believes that the daughter, Marilyn Gerber, has
sought and will continue to seek to gain access to the mother in
order to exert control over the mother including changing health
care to the detriment of the mother. Mildred J. Gerberhas
expressed to the Petitioner that she feels like a prisoner when the
daughter has gained access to her and has lived with her.
q. Attorney Jacqueline Verney, attorney for alleged incapacitated
person wrote defiant trespass letters to Marilyn Gerber directing
Marilyn Gerber to stay off Mildred Gerber's residential real
property. Despite these warning letters, Marilyn Gerber has
come onto the real property. The Petitioner has been informed
by the caretakers hired for the mother that Marilyn J. Gerber has
attempted to gain access to the mother following the Hearing in
March, 2001, appointing PNC Bank as plenary Guardian of the
Estate.
r. The Petitioner believes that the daughter, Marilyn Gerber, will
continue to seek to gain access to the mother in order to attempt
to exercise or gain some control over the mother to the detriment
of the mother. Attached hereto and incorporated herein by
reference is a letter written by Marilyn Gerber to mother.
16. The alleged incapacitated person is represented by Jacqueline E.
Verney, Esquire, Carlisle, Pennsylvania.
17. No other court has ever assumed jurisdiction in any proceeding to
determine the capacity of the alleged incapacitated person, except as
stated in Paragraph 3 above.
18. The Consent of Frederick E. Gerber, II, to act as Guardian of the Person~
is marked exhibit "D", attached hereto and incorporated herein.
19. The Petitioner requests that he be appointed Guardian of the Person of
Mildred J. Gerber, the alleged incapacitated person.
20. Failure to appoint a Guardian of the Person of Mildred J. Gerber, the
alleged incapacitated person, will result in irreparable harm to her
person.
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21. Your Petitioner seeks Guardian of the Person for his mother, the alleged
incapacitated person, in order to be able to fully provide for her care,
protection and needs without the possible influence or interference from
person or persons who would not have the mother's best interests in
mind more particularly, Marilyn J. Gerber.
WHEREFORE, The Petitioner respectfully requests this Honorable Court award
a citation directed to Mildred J. Gerber, the alleged incapacitated person, with
notice thereof to be given to immediate next of him, her children who are not
Petitioners: Marilyn J. Gerber and Jane N. Heflin, to show cause why she
should not be judged an incapacitated person and Frederick E. Gerber, II,
appointed Guardian of her person.
Respectfully submitted,
RUPP AND MEIKLE
Richard C Rupp -'f
Sup. Court I.D. No..' 34832
355 North 21st Street, Suite 205
Camp Hill, PA 1 7011
(717) 761-3459
Attorney for Petitioner
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
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
A T~.jE COPY FROM
Exhi bi-l- "A"
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
:saa
DURABLE POWER OF ATTORNEY
NOTICE
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU
DESIGNATE (YOUR "AGENT") BROAD
WHICH MAY INCLUDE POWERS TO SELL POWERS TO HANDLE YOUR PROPERTY.
PERSONAL PROPERTY OR OTHERWISE DISPOSE OF ANY REAL O1~
YOU. WITHOUT ADVANCE NOTICE TQ YOU OR APPROVAL BY
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO
EXERCISE GRANTED POWERS,. BUT WHEN POWERS ARE EXERCISED, YOUR AGENT
MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS
POWER OF ATTORNEY.
YOUR AGENT MAy EXERCISE THE POWERS O/YEN HERE THRouoHOUT'
your An'ER YOU INCAPAcrr^TED, t c ss vo,
EXPRESSLY LIMIT THE DURATION OF ~I-~SE POWERS
POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S
~ x uo REVOKE THESE
AUTHORITY.
YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S
FUNDS.
A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF 1T FINDS YOUR
AGENT IS NOT ACTING PROPERLY.
THE' POWERS AND DUTIES OF ANY AGENT UNDER A POWER OF ATTORNEY
ARE EXPLAINED MORE HJLLY IN 20 Pa. C.S. Ch. $6.
IF THERE IS ANYTHING ABOUT TI-IlS FORM THAT YOU DOD NOT
UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO
EXPLAIN IT TO YOU.
I HAVE READ OR HAD F~PLAINED TO ME THIS NOTICE AND I UNDERSTAND
ITS CONTENTS.
I, MILDRED j. GERBER of 623 Hilltop Drive, New Cumberland, Cumberland County,
Pennsylvania hereby appoint my son, Frederick E. Gerber, Il, (hereina[~ referred to .as "agent")
my agent for me and in my name and place. I direct my agent to transat:t all my business and to
manage all my property and affairs as completel as
including but not limi,-,~ · ........ . .... Y I myself might do if
~ ,,-,, ~<r~smg me following powerS, personally present,
omprormse, ertt0rce, or otherwise ?:t .with respect to any contract of any sort whatsoever
E hibi+' "15"
includi~.g but not..limited to, leases and mortgages:
possession to any real or personal pro.l~..rty .that ma), ?. requ~.red to be prod or 'tramfen~ I~.
contract or in the performance of any obhgatton entered into or'i~curr~d by me °r on my
2. INVESTMENTS, To invest in all forms of real and personal prop:ny w~thout
any restriction whatsoever as to the kind of investments, including, but not limited to. United State~
Treasury Bonds which are redeemable at par in payment of federal estate taxes.
3. REGISTRATION OF PROPERTY. To hold property unregistered or in
the name ora nominee.
4. .PERSONAL PROPERTY. To buy or sell at public or private sale for cash or
credit or partly for each, exchange, pi. edge, lease, give or acquire options for sales or exchanges or
leases, or by any other means whatsoever to acquire, dispose of, repair, alter or manage tangible or
intangible personal property or any interest, therein; and, without limitation, with respect to any
securities, to comply with any securities laws or regulations, to execute indemnity agreements, to
purchase insurance and to pay commissions or discounts.required by any underwriting.
5. .REAL PROPERTY. To buy or sell at public or private sale for cash or credit or
partly for each, exchange, mortgage, encumber, lease for any period of time, give or acquire options
for sales, purchases, exchanges orleases, dedicate, or by any other means whatsoever; to acquire or
dispose of real property or any interest therein; to partition and subdivide real property; to manage
real property; to repair, alter, erect, or tear down any structure of part thereof; and to file such plans,
applications, or other documents in connection therewith and do such other acts as may be
requested by any government or other authority having or purporting to have jurisdiction.
6. SECURITIES. To vote in person or by proxy at any meeting, to join in any
merger, reorganization, voting-trust plan or other concerted action of security holders, to make
payments in connection therewith, and in general to exercise ail fights of a security holder.
7. INSURANCE. To procure, alter, extend or cancel insurance against any and
ail risks aff'ectingL:goperty and persons, and against liability,.damage or claim of any sort.~:-~-~- ' ----
8. LOANS. To borrow money in such amounts for such periods and upon such
-- -terms as my attorney shall deem proper and to secure any loan by the mortgage or pledge of any
property, and I specifically authorize my attomey to borrow money and pledge property as collateral
for the purpose of purchasing United States Treasury Bonds which are redeemable at par in
payment of federal estate taxe~:
· 9. BANK ACCOUNTS. To sign checks, drafts and other instruments or otherwise
make withdrawals from any checking, savings, transaction or other deposit account in my name,
and to endorse checks payable to me and receive the proceeds thereof in cash or otherwise; to open
and close checking, savings, transaction or other deposit~ accounts in my name; to purchase and
redeem savings certificates, certiticates of deposit or similar insmunents in my name; to execute
and deliver receipts for any funds withdrawn or savings certificate, certificate of deposit or similar
instrmnent which I now have or may hereafter acquire, the same as I could do if personally present.
Any financial institution may continue to rely on this pOwer o£ attorney until it tvc~
notice from me that this power of attorney is revoked
might incur by relying on this power after termination or revocation but before it receive~ such
· -,~,..s o~ mirt~ panie~. ~'h~ch
notice, or .at any t~ne because of wrongful acts, omissions or rePresentations of my attorney with
respect to uansacuons, covered by this power of attorney. My agent shall be subject to w~tever
bank roles and regulations I world be subject to.
10. INDIVIDUAL RETIREME. NT ACCOUNT. To request and receive
distributions fi'om any of my Individual Retirement Accounts; to give the purchase
instructions for
and sale of securities in those accounts; to execute on my behalf any powers of attorney or other
instruments needed for those porlxJses; and to endorse notes, checks, dmRs and bills of exchange,
and to make contributions to those accounts.
11. SAFE DEPOSIT BOXI~S To have access to and control over the contents of
any safe deposit box rented by me, to rent safe deposit boxes 'in my name, to close out and execute
safe deposit boxes in my name, to close out and execute and deliver receipts for safe deposit boxes
in my name, and to do all acts regarding any safe deposit boxes in my name, which I now have or
may hereaRer acquire, the same as I could do if personally present; provided that my agent shall not
deposit or keep in any such safe deposit box any property/n which my agent has a personal interest.
Any financial in-~titution may continue to rely on this power of attorney until it receives written
notice from me that this power of attorney is revoked or actual notice of my death and shall be
indemnified and held harmless by me and my estate, personal representatives and heirs against any
liability or loss, including lawyers' fees, costs of suit and claims or third parties, which it might
incur by relying on this power aider termination or revocation but before it receives such notice, or
at any time because of wrongxCul acts, omissions or representations of my agent with respect to
transactio~ covered by this power of attorney. My agent shall be subject to whatever bank rules
and regulations I would be subject.
12. RECEIFrS AND APPROVAL OF ACCOUNTS To receive a payment of any
kind, including a bequ6st, devise, gitt or other tmmfer of real or personal property to me in my own
right or as a fiduciary for another, and to give full receipt and ac4uittance therefor, or a refunding
bond therefor, to approve aceoums of any business,, estate, trust, partnership or other transaction
whatsoever in which I may have any interest of any nature whatsoev~, and to enter int°- any
compromise and release in regard thereto. _
or
arbitrate any el
.y m any manner interested, and for that purpose to enter into
agreements to compromise or arbitrate, and either through counsel or otherwise to carry on such
compromises or arbiwation and perform or enforce anY award entered in arbitration.
14. .INSTITUTION AND DEFENSE OF CLAIMS, To institute, prosecute,
defend, compromise, or otherwise dispose of, and to appear for me in, any proceedings at law or in
equity or otherwise before any tribunal for the enforcement or for the defense of any claim, either
alone or in conjunction with other persons, relating to me or to any property of mine Or any other
person (including the authority to sue if this power of attorney is not honored), and to retain,
discharge and substitute counsel and authonz~
in any such' action of proceedings.
15. TAXES. To prepare, execute and file in my name and on my behalf any
return, report, protest, application for correction of assessed valuation of real or other property,
appeal, brief, claim for refund, or petition, including petition to the United States Tax Court, in
connection with any tax imposed or purported to be imposed by any government, authority or
agency, or claimed, levied or assessed by any government, authority or agency and to pay any such
tax and to obtain any extension of time for any of the foregoing; to execute waivers of restrictions
on the assessment and collection of deficiency in any tax; to execute closing agreements and all
other documents, instruments and papers relating to any tax liability of mine of any sort; to.institute
and carry on either through counsel or otherwise any proceeding in connection with contesting any
such tax or to recover any tax paid, or to resist any claim for additional tax or any proposed
assessment or levy thereof, and to enter into any agreements of stipulations for compromise of other
adjustment or disposition of any tax.
16. DISCLAIMER_ To execute, deliver and file or record disclaimers of any part
or all of any property, power or interest passing to or for me under any will, deed of trust or
otherwise.
17. E. MPLOYMENTOFOTI4E_.RS To employ accountants, attorneys-at-law,
investment counsel, custodians, agents, servants, and others, and to delegate to them, to remove
them, and to pay them such remuneration as my attorney shall deem proper.
18. REVOCABLE TRUST TO BE CREATED. To execute any revocable
deed of trust on my behalf'under the terms of which (i) my agent or any one or more other persons
or corporations with fiduciary powers selected by my agent is named as the trustee or trustees, (ii)
during my lifetime the entire net income and as much principal as I. my agent or my trustee thinks
is desirable shall be paid to me or for my benefit (including those I am legally obligated to support),
and (iii) upon my death the principal and any undistributed income shall be payable to the executor
or administrator of my estate; and to transfer property to the trustee or trustees thereunder.
19. REVOCABLE TRUSTS PREVIOUSLY CREATED. To add any property to
any revocable deed or trust executed by me for my benefit even through the trust may not be
-- - payable upon my death to my estate and to revoke in whole or in part any such trust.
20.
For the purpose of recording
my wishes in convenient plai:e, I record here that if it is necessan, to appoint a guardian of my
person or a guardian of my estate it is my desire that my agent be apl~ointed.
21. GIFTS. To make gilts which do not exceed my annual federal gilt tax
exclusion or other tax exempt glib.
22. GENERAL. To do all things which my agent shall deem proper in order to carry
out any of the foregoing enurnemted powers, which shall be construed in the broadest possible
manner. In no event shall my agent take any action concerning a policy of' insurance on my agent's
life. The descripl}ve headings of this general power attorney are inserted for convenience only
and shall not be deemed to affect the meaning or construction of any of the provisions hereof or to
limit in any way the construction thereof in the broadest possible manner.
23. SUBSTITUTION. My agent shall have the full power of substimti°n and
revocation, and such substitution or revocation may relate to, or be limited to, any one or more or
ali foregoing acts or pow.ers, or be limited as to time or in such other respect as my agent shall deem
24. RATIFICATION. I hereby ratify and confum ali that my agent or the substitute
or substitutes therefor shall lawfully do or cause
to be done by virtue h~reof.
25. RELIANCE BY OTI~.R.~. This power of attorney shall continue in force and
may be accepted and relied upon by anyone to whom it is presented despite my purported
revocation of this power, the age of this power, the issuance of a 'court decree declaring my
incompetency or my death, until written notice of such event is received by such person.
26. EFFE~ OF MY DISABIL_ITY This power of attorney shall not be affected
by my disability or incapacity and shall specifica/iy continue atter such disability and incapacity.
27. GOVERNING LAW. This power of attorney shall be governed by and
interpreted in accordance with Pennsylvania law.
__ _ COMMONWEAL~ OF PENNSYLVANIA ·
: SS. -
COUNTY OF CUMBERLAND :
officer, personally appeared Mildred ,/. g]erber, kno~n to me (or satisfactory proven) to be the
petson'whose name is subscribed to the foregoing insuument, and acknowledged that she executed
it for the purpose therein contained.
Witness my hand and official sea] the day and year aforesaid.
· " . 'N tary Public
I, F~e~ck E. Gerber, H, ~ve r~ ~e a~ched ~ower of a~omey ~ ~ ~e Felon
iden~ed ~ ~e ~ent for ~e p~cip~. I he, by ac~owledge ~t ~ ~e absence of a specific
p~vision to ~e ~n~ ~ ~e ~wer ofa~omey or ~ 20 P~C.S when I act ~ agent: I ~l exe~ise ~e powe~ for ~e ~e~t of ~e p~cip~.
I s~l k~p ~e ~se~ of~e p~cip~ sep~e ~om my ~ets.
I s~l exe~ ~o~ble ~u~on ~d p~ence.
I ~1 k~p a ~1 ~d ~e ~cord of ~l action, ~ceipts ~d disb~emen~ on be~if
of~e p~cip~.
COMMONWEALTH AFFII,IATES, P.C.
A Psychiatric & Psychological Association
Suite 38, Northwood Office Center 2215 Forest Hills Drive Harrisburg, PA 17112
Office: (717) 540-5353 Fax: (717) 540-5151
March 21, 2001
Kimberly Young, MD
Dunham US Army Health Clinic
450 Bigner Road, Suite 1
Carlisle Barracks, PA 17013-5003
Re: Mrs. Mildred Gerber
Dear Dr. Young:
I recently had the opportunity, along with the rest of our geriatric
assessment team, to evaluate your patient, Mrs. Mildred Gerber. The
interpretive interview was held on this date with Mrs. Gerber, as well as her son,
Frederick, in attendance.
In reviewing the information from Colonel Gerber, as well as what was
supplied to us by her clinical psychology evaluation in the past, we were able to
consolidate our interview process as well as to compare neuropsychological
results from one point in time to another.
To summarize Mrs. Gerber's presentation, she has had somewhat of a
precipitous cognitive decline, i.e., problems with perception, thought and memory
over the last two years. In reviewing her neurologist's evaluation in 1999, at
which time her Mini Mental Status was 30 out of 30, as compared to what it is
that wa see today, we see a 50% decline, at least on that test alone. For
example, she lost 6 points alone in orientation and all 3 points in recall, indicative
of a highly possible problem with cognitive abilities. In addition to that, her Clock
Drawing Test was greatly impaired. Aside from being able to place the numbers
on the face of the clock, when asked to place the hands of the clock at 2:45, she
wrote a straight line to all of the numbers on the clock and then concretely placed
the numbers 2:45 on the face of the clock.
Mrs. Gerber's cognitive condition is somewhat complicated by the
information provided by the family and documented by the court system, that
there is a possible impropriety as it relates to her oldest daughter's interaCtion
with her as it relates to financial affairs. In fact, there is an ongoing guardianship
Exhi bi- "c_."
Mrs. Mildred Gerber 2 March 21, 2001
process that is not only contentious but also emotionally draining to Mrs. Gerber
at the present time.
In reviewing our current evaluation, i.e., neuropsychological tests, Mrs.
Gerber wes both pleasant and cooperative and attempted all the tasks
presented. She presented as a clean, welt groomed and stylishly dressed
woman who wes talkative and befuddled in her speech. She was struggling with
the tangentiality as it related to her stream of thought· There wes evident
anomia, i.e., word finding difficulties. In looking at the Wechsler Memory Scale
Revised, her verbal memory wes 68, her visual memory score wes 73, leading to
a General Memory Index of 65, all two to three standard deviations below the
norm. Most significantly, her attention and concentration wes 62, two and a half
standard deviations from the mean. Delayed recall wes 56, three standard
deviations below the mean, all three indicating severe memory impairment. The
inclusions of Michael S. Greevy, Ph.D., our clinical psychologist, wes that Mrs.
Gerber "had severe impairment in attention and concentration, as well as
delayed recalled being severely impaired." The results on a clinical basis would
indicate that Mrs. Gerber would have significant difficult cadng for herself without
24-hour supervision.
Based upon this evaluation, the diagnosis according to the DSM-IV would
be as follows:
Axis I: Senile Onset Dementia, probable mixture of vascular and
Alzheimer's type.
Based upon this evaluation and diagnosis, I would recommend the
following:
1. It does appear that Mrs. Gerber could benefit from the institution of a
cholinesterase inhibitor, i.e., Adcept at an initial dose of 5 mg. at h.s. If
after 8 weeks this medication dose is tolerated, it can be increased to 10
mg. at h.s.
2. There does appear to be an element of depression and the ongoing
difficulty with gdeving the loss of her husband. Having said that, then I
would suggest that if she tolerates the Adcept well and the depression is _
still prominent, then she could be administered Celexa 10 mg. q.a.m, to be
increased to 20 mgl as tolerated.
3. It would seem appropriate to pursue guardianship as Mrs. Gerber is not
able to not only take care of her activities of daily living but to manage her
financial assets as well.
4. I did recommend to Colonel Gerber that his mother could benefit from
ongoing counseling as well as case management services. We will
attempt to provide that as well.
Mrs. Mildred Gerber 3 March 21, 2001
I'm hopeful that this information is helpful to your care of Mrs. Gerber. If I
can be of further assistance to you, please do not hesitate to contact our office.
Sincerely yours,
Roger O. Cadieux, MD
RJC/IId
cc: Colonel Frederick E. Gerber
3313-1205 Windham Circle
Alexandria, VA 22302
COMMONWEALTH AFFILIATES, P.C.
A Psychiatric & Psychological Association
Suile 38. Norlhwood Center
Roger J. Cadieux, M.D. 2215 Forest Hills Drive
MD 020877-E Harrisburg, Pa 17112
Office: (717) 540-5353
Name:
Address: ~ Date:
In order for a brand name producl lo be dispensed Ibc pre~
"Brand Necessary" or "Brand Medically Necessary" in the s~acc below.
[
Suhslilulion Permissible Dr.
Refill, limes. D.E.A. Reg.
GUARDIAN'S CONSENT
I, Frederick E. Gerber, II, consent to be the guardian of the person for Mildred
E. Gerber, my mother, the alleged incapacitated person.
Date: 8- I. 0 -o ~ ~11_~_ -
F~erber, II
VERIFICATION
I, Frederick E. Gerber, II, 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 understands that false statements herein are made subject to
the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities.
Date: ~- 1.0- 0 \ F( ~ 1~- --
rber, II