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HomeMy WebLinkAbout10-25-01 (2) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPI~IANS' COURT DIVISION IN RE: : No. 21-01-92 APPOINTMENT OF A GUARDIAN .. OF THE PERSON OF MILDRED J. GERBER, : an alleged incapacitated person .. MOTION FOR CONTINUANCF: TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. The Movant is Richard C. Rupp, Esquire, attorney for Petitioner 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 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. A further hearing was scheduled by the Court to be held November 7, 2001, at 8.'45 a.m. EST. 6. The Petitioner has been ordered to temporary duty at Fort Rucker, Alabama, on November 5 and 6, 2001 and at Fort Bragg, North Carolina, on November 7 & 8,2001 directly related to the United States~ War Action against Afghanistan's government. 7. Petitioner's United States Army orders conflict with the said date this Honorable Court has set in this matter for November 7, 2001. 8. The Petitioner is Director of Health Care Operations for the United States Army in the Headquarters of the United States Army and within the office of the U.S. Surgeon General. 9. The Petitioner's office is responsible for directing U.S. Army medical personnel and resources in support of U.S. Army personnel and facilities globally. 10. The Petitioner believes it to be in the best interests of his mother, the alleged incapacitated person, that Petitioner attend the next hearing. 10. Attorney Jacqueline Verney, counsel for the alleged incapacitated person, Mildred J. Gerber, is available on November 19, 2001 and consents to this Motion for Continuance. 11. Attorney Stanley Laskowski, counsel for daughter of the alleged incapacitated person, Marilyn J. Gerber, Respondent, is personally available on November 19, 2001 but stated that Marilyn Gerber had -~-~ taken off from her employment already for Nov. 7, 2001 and would be unable to take off from work for Nov. 19, 2001. Therefore, Respondent Marilyn J. Gerber opposes the continuance. Atty. Laskowski further stated that if the matter had to be continued that he would be available for a conference call to discuss hearing times for December. 12. The Petitioner has informed the Movant that he believes Mildred J. Gerber's other daughter, Jane Heflin, is in agreement with this Motion for Continuance. She has already testified that she consents to the Petitioner being appointed as Guardian of the Person for her mother, Mildred J. Gerber. 13. The counsel for PNC Bank, Amy J. Mendelsohn, Esquire, did not enter an appearance in this matter and did not participate in the first hearing in this matter. WHEREFORE, Your Movant respectfully requests this Honorable Court to continue the hearing scheduled for November 7, 2001 at 8:45 a.m. to November 19, 2001at 1 .'30 PM or to such later date as the Court may direct. Respectfully submitted, 355 North 21st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Attorney for Petitioner 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, Movant, verify that the statements in the foregoing Motion for Continuance are true and correct to the best of my knowledge, information and belief. Said statements are based on Movant's own knowledge or information or information supplied to Movant by Petitioner Frederick E. Gerber II. Said Motion for Continuance is filed by Your Movant as the Petitioner is outside of the Court's jurisdiction and is unavailable to sign this verification or file this Motion. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904 relating to U~sworn falsification to authorities. RICHARD C RUPP, MOVAN? CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy of the foregoing Motion for Continuance 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 & Keams 3631N. Front Street Harrisburg, PA 17110 Jacqueline M. Vemey, Esquire Attorney at Law 44 S. Hanover Street Carlisle, PA 17013 Amy J. Mendelsohn, Esquire Rhoades & Sinon P.O. Box 1146 Harrisburg, PA 17108 Jane N. Heflin 270 N. Garfield Lombard, IL. 60148~'~~~~~~ Richard C. Rup"l~l~Esquir~ -- Attorney I.D.//34832 355 North 21st Street, Suite 303 Camp Hill, Pennsylvania 1701 (717) 761-3459 Date: