HomeMy WebLinkAbout10-25-01 Draft #4 - 10-24-01
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: : No. 21-01-92
APPOINTMENT OF A GUARDIAN :
OF THE PERSON OF MILDRED J. GERBER, :
an alleged incapacitated person :
PETITION TO REQUIRE FILING OF AN ANSWER TO PETITION FOR
APPOINTMENT OF GUARDIAN OF THE PERSON
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 3313-1205
Wyndham Circle, Alexandria, VA 22320.
2. The Respondent is Marilyn J. Gerber, the daughter of Mildred J. Gerber,
the alleged incapacitated person. The Respondent has a Pennsylvania
residence at 42 Drexel Place, New Cumberland, PA 17070.
3. A Petition for Appointment of a Guardian of the Person of Mildred J.
Gerber, the alleged incapacitated person, was filed on September 7,
2001, to No. 21-01-92.
4. A hearing was held on the Petition before The Honorable Edgar B.
Bayley on October 8, 2001, at which hearing evidence was offered by
the Petitioner to show the need of Mildred J. Gerber, the alleged
incapacitated person, for a Guardian of the Person and evidence that
the Petitioner should be appointed Guardian of the Person of the
alleged incapacitated person.
5. At the opening of the hearing on October 8, 2001, Stanley J. Laskowksi,
Esquire, Attorney for the Respondent, stated to the Court that the
Respondent:
A. Believes the alleged incapacitated person is not in need of
a Guardian of the Person; ._
B. If a Guardian of the Person is decreed, opposes the
appointment of the Petitioner as such Guardian of the
Person; and,
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C. If a Guardian of the Person is decreed, believes that
Respondent should be appointed as such Guardian.
and requested the hearing be continued at which the Respondent could
present evidence as to the items in (A)(B)(C) above.
6. The Respondent has no statutory right to cross-examine witnesses as to
the capacity of the alleged incapacitated person. 20 Pa. CSA 5518.1.
7. The Court, in its discretion, permitted Respondent to cross-examine
witnesses as to capacity of the alleged incapacitated person.
8. The Respondent now intends, as stated by her legal counsel, to offer
evidence as to the capacity of the alleged incapacitated person and as
to the qualifications of Petitioner and the qualifications of the
Respondent to be Guardian of the Person of the alleged incapacitated
person.
9. The Respondent has no statutory right to offer such evidence. 20 Pa.
c.S.^. 5518.1
10. The Court, in its discretion, may receive such evidence.
11. The Respondent should not be permitted to offer evidence as to the
capacity of the alleged incapacitated person and/or the qualifications fo
the Petitioner or the Respondent to be the Guardian of the Person of the
alleged incapacitated person, without first filing an Answer (with New
Matter, if any) to the Petition for the Appointment of a Guardian of the
Person of the alleged incapacitated person, as required in a Civil Action
in Law or in Equity. See Standard Pennsylvania Practice, Volume 3,
Section 15:20, p. 444.
WHEREFORE, the Petitioner requests this Honorable Court to issue a Rule to
Show Cause upon the Respondent why Respondent should not be required to file an
Answer (with New Matter, if any) to the Petition for Appointment of Guardian of the
Person, otherwise to be prevented from offering evidence as to the capacity of the
alleged incapacitated person and/or the qualifications of the Petitioner of the
Respondent to be the Guardian of the Person of the alleged incapacitated person.
Respectfully submitted,
RUPP AND MEIKLE
Richard Rupp
Sup. Court I.D. No.: 34832
355 North 21st Street, Suite 205
Camp Hill, PA 1 7011
(717) 761-3459
Attorney for Petitioner
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COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
IN RE: : No. 21-01-92
APPOINTMENT OF A GUARDIAN ..
OF THE PERSON OF MILDRED J. GERBER, :
an alleged incapacitated person :
VERIFICATION
I, Richard C. Rupp, Esquire, Attorney for Petitioner, verify that the statements in
the foregoing Petition for Rule to Show Cause are true and correct to the best of my
knowledge, information and belief. Said statements are based on undersigned's own
knowledge or information or information supplied to undersigned by Petitioner Frederick
E. Gerber II. Said Verification is made by the undersigned as the Petitioner is outside
of the Court's iurisdiction and is unavailable to sign this verification.
I understand that false statements herein are made subject to penalties of 18 Pa.
C.S. § 4904 relating to unsworn falsification to authorities. ---
CERTIFICATE OF SERVICE
I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy
of the foregoing Petition for Rule to Show Cause upon the persons named below by telefax and
by placing the same in the United States Mail, First Class, Postage Prepaid, on the date stated
below;
Stanley J. A. Laskowski, Esquire
Caldwell & Kearns
3631 N. Front Street
Harrisburg, PA 17110
Jacqueline M. Verney, Esquire
Attorney at Law
44 S. Hanover Street
Carlisle, PA 17013
fi:my J. Mendelsohn; Esquire
Rhoades & Sinon
P.O. Box 1146
Harrisburg, PA 17108
Jane N.
Heflin
270 N. Garfield
Lombard, I
C. Rupp, Esqmre
Attorney I.D.# 34832
355 North 21st Street, Suite 303
Camp Hill, Pennsylvania 17011
(717) 761-3459