HomeMy WebLinkAbout12-10-01IN RE: APPOINTMENT OF A GUARDIAN : IN THE COURT OF COMMON PLEAS
OF THE PERSON OF MILDRED J. GERBER, : CUMBERLAND COUNTY, PENNSYLVANIA
and alleged incapacitated person, : ORPHANS COURT DIVISION
:
Respondent : NO. 21-01-92
ANSWER WITH NEW MATTER TO PETITION FOR APPOINTMENT
OF GUARDIAN OF THE PERSON OF MILDRED J.
GERBER, ALLEGED INCAPACITATED PERSON
AND NOW, comes the Respondent, Marilyn Jo Gerber, by and through her undersigned
counsel, and makes the following Answer and response to the Petition for Appointment of Guardian
of the Person of Mildred J. Gerber, alleged incapacitated person, filed by Frederick E. Gerber, II, in
accordance with 20 Pa.C.S.A. §5511, et seq., alleged in support thereof as follows:
1. Admitted.
2. Admitted with clarification, as said appointment of plenary guardian was temporary.
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied. After reasonable investigation, Respondent is without sufficient knowledge or
information to form a belief as to the truth of the matter asserted and strict proof is demanded
thereof at trial of the matter. To the extent which a response is otherwise required, said
allegation is denied in that it does not accurately account for said assets of Mildred J. Gerber
as noted and contradicted on the Inventory of PNC Bank, N.A., dated June 19, 2001, and
filed to this action, the record of which is incorporated herein by reference. Furthermore, a
full and complete current accounting of the Living Trust of Mildred J. Gerber and Fred E.
Gerber Trust has not been made by Petitioner Frederick E. Gerber, II; only a First and Partial
Accounting has been made for 1998 and 1999, as of March 21, 2001, with respect to the
Revocable Trust established by Fred E. Gerber, Sr., on July 29, 1994.
7. Denied. After reasonable investigation, Respondent is without sufficient knowledge or
information to form a belief as to the truth of the matter asserted, the same is therefore denied
and strict proof demanded at trial of the matter.
8. Admitted in part and denied in part. It is admitted that Mildred J. Gerber was not and is not
a member of the Armed Services of the United States. As to the remainder of Petitioner's
allegation, Respondent is without sufficient knowledge or information to form a belief as to
the truth of the matter asserted, the same is therefore denied and strict proof demanded at trial
of the matter.
9. Denied. After reasonable investigation, Respondent is without sufficient knowledge or
information to form a belief as to the truth of the matter asserted and the same is therefore
denied with strict proof demanded at trial of the matter. By way of further denial, personal
contact, observation and interaction by Mildred J. Gerber with her daughter, Marilyn Jo
Gerber, has been precluded by or through Petitioner, Fred E. Gerber, II, Jacqueline Vemey,
r Esquire, as counsel for Mildred J. Gerber, and caregivers employed by or through Frederick
E. Gerber, II, for Mildred J. Gerber.
10. Admitted.
11. Admitted in part and denied in part. It is admitted only that a copy ora document purporting
to be a Durable Power of Attorney is attached to the Petition as Exhibit "B". The Power of
Attorney was purportedly dated and executed January 19, 2001. Petitioner's allegation
further refers to a written instrument which speaks for itself. It is further denied that the
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Power of Attorney constitutes a valid and binding document and appointment of Frederick
E. Gerber, II as an attorney-in-fact. On the contrary, the Petition of Frederick E. Gerber, II,
for appointment of a guardian over the Estate of Mildred J. Gerber was filed the same date,
January 19,2001, to initiate the above-action alleging therein various incapacities of Mildred
J. Gerber including:
"7. The alleged incapacitated person is suffering from infirmities
of old age and lack of short-term memory, becomes easily
confused, cannot make intelligent decisions, and lacks ability
to fully understand the consequences of her actions."
(Petition for Appointment of Guardian of the Estate of Mildred J. Gerber). In the alternative
and to the extent which Mildred J. Gerber is found incapacitated pursuant to these
proceedings, the Power of Attorney does not constitute a valid and binding appointment,
being an act occasioned as a result of or pursuant to the existence of such incapacity.
12. Admitted in part and denied in part. It is admitted that Frederick E. Gerber, II, is the current
Executor for the Estate of Mildred J. Gerber, he is currently the Trustee of his father's estate,
he is the Trustee of his mother's living trust, and is a Colonel in the United States Army
stationed in Falls Church, Virginia, and is the Director of Healthcare Operations under the
United States Army Surgeon General. It is denied that he is the duly appointed agent of
Mildred J. Gerber as the Power of Attorney, Plaintiff's response to Paragraph 11 hereof is
incorporated herein by reference. The remainder of Petitioner's allegation is also denied as
Respondent is without sufficient knowledge or information to form a belief as to the truth
of the matter asserted, the same is therefore denied and strict proof demanded at thai of the
matter.
13. Denied. Petitioner has substantial adverse personal interest to the alleged incapacitated
person including but not limited to being Executor and Beneficiary of his father's estate;
being Executor and a potential Beneficiary of his mother's estate, being a Trustee and
Beneficiary of father's Trust and mother's Living Trust.
14. Denied. The efforts of Petitioner Frederick E. Gerber, II, have served only to estrange
Mildred J. Gerber from her family, doctors, friends, social life and personal contacts.
(1) Denied. Petitioner on the contrary has precluded all access in any contact by Marilyn
Jo Gerber with her mother Mildred J. Gerber, and precluded and obstructed any
participation by Marilyn Jo Gerber in the care of her mother at least since January,
2001.
(2)Admitted.
(3) Denied. Petitioner has not provided care every weekend personally to Mildred J.
Gerber by traveling from Virginia.
(4) Denied. Mildred J. Gerber, Jane Heffiin, is not a resident of Pennsylvania. On the
contrary is a resident of Chicago, Illinois, and has not been visiting frequently in
order to assist in the-care of Mildred J. Gerber. -
15. Denied. After reasonable investigation, Respondent is without sufficient knowledge or
information to form a belief as to the truth of Petitioner's beliefs, the same are therefore
denied and strict proof demanded at trial of the matter. By way of further denial, daily
caretakers, with or without the assistance of Mildred J. Gerber's family members, are fully
adequate means to provide for additional daily care, needs and protection of Mildred J.
Gerber.
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16. Denied.
(a) Denied. Testimony presented at the October 8,2001 hearing by care giver indicates
distinct ability by Mildred J. Gerber to differentiate and administer her own
medication.
(b) Denied. Testimony of caretakers for Mildred J. Gerber at the hearing on October 8,
2001, establishes that Mildred J. Gerber can attend more than adequately to her daily
personal dress, needs and hygiene.
(c) Admitted in part and denied in part. It is admitted that Mildred J. Gerber no longer
drives an automobile. It is denied that Mildred J. Gerber is incapacitated to the
extent that she cannot obtain her own groceries, medicines and other items; on the
contrary, Mildred J. Gerber requires assistance only with transportation for such
activities.
(d) Denied. The testimony and opinion of Dr. Cadieux indicates only deterioration of
partial memory loss based upon limited testing and evaluation.
(e) Denied. The testimony and opinion of Dr. Cadieux and Dr. Sabo speak for itself as
set forth in these~proceedings. The medical experts have opined as to the impact of
stress and grief upon Mildred J. Gerber for the loss of her husband, the
contentiousness and pressure of the current proceedings (initiated by Petitioner
Frederick E. Gerber, II), and said medical experts have failed to account for the
estranged relationship of Marilyn Jo Gerber with Mildred J. Gerber, as created and
propagated by Frederick E. Gerber, II.
(f) Denied. There has been no substantial decline in Mildred J. Gerber's adaptive
behavioral skills.
(g) Denied. Testimony of caretakers upon hearing of October 8, 2001, establishes that
Mildred J. Gerber can discern and recognize her personal, physical and health needs.
(h) Denied. Caretakers have been available to Mildred J. Gerber through an in-home
nursing care agency, and assistance in care by family members, church and social
agencies, close friends and public agencies. The testimony of medical expert Dr.
Cadieux opined that the care can continue to be given, managed and obtained in
home under the present circumstances and conditions to meet the current needs of
Mildred J. Gerber.
(i) Denied. Institutional care is not needed in the near future for Mildred J. Gerber; on
the contrary, Dr. Cadieux opined on October 8,2001, that institutional care needs are
not imminent and continued in home care in any event can be readily provided and
adequately managed for Mrs. Gerber; institutionalized care is not in the best interests
of Mildred J. Gerber.
(j) Denied. There has been no attempt of Marilyn Jo Gerber to take any advantage,
control or contact Mildred J. Gerber for purposes of" gaining control" following the
appointment of PNC as plenary guardian of Mildred J. Gerber's estate, or otherwise.
On the contrary, personal communications and contact by Mildred J. Gerber with
Marilyn Jo Gerber have been obstructed and precluded by Frederick E. Gerber, II,
and Jacqueline Vemey, Esquire, as well as by the employed caregivers for Mildred
J. Gerber under the direction of Frederick E. Gerber, II.
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(k) Denied. It is denied that the interaction of Marilyn Jo Gerber with her mother is
emotionally draining on her. It is denied that Petitioner has observed any personal
interaction between Mildred J. Gerber and Marilyn Jo Gerber since January, 2001,
rather emotional drain, if any, on Mildred J. Gerber is the result of precluded contact
with her daughter; Respondent incorporates herein by reference her response to
Paragraph 16(j).
(1) Denied. There has been no attempt by Marilyn Jo Gerber to control her mother
primarily for Marilyn Jo Gerber's own benefit.
(1) Denied. After reasonable investigation, Respondent is without sufficient
knowledge or information as to the "numerous documents" referred to by
Petitioner as same are not identified in order for Respondent to form a belief
as to the truth of the matter asserted, the same is therefore denied and strict
proof demanded at trial of the matter. On the contrary, at various times
during 2000, Mildred J. Gerber engaged and acted in accordance with the
advice of legal counsel for various matters.
(2) Denied. Mildred J. Gerber participated in the action initiated in the Court of
Common Pleas of Cumberland County to relieve Frederick E. Gerber, II,
from fiduciary positions as Executor of Frederick E. Gerber, Sr.'s Estate and
Trust, freely, voluntarily and knowingly, upon the advice of and with the
assistance of her personal and independent legal counsel.
(3) Denied. Mildred J. Gerber executed revocations of appointment of Frederick
E. Gerber, II, and Power of Attorney and Trusteeships as alleged, freely,
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voluntarily and knowingly, upon the advice of and with the assistance of her
personal and independent legal counsel.
(4) Denied. It is denied that Marilyn Jo Gerber wanted a new Power of Attorney
drafted for purposes of changing extensive prior estate planning. On the
contrary, Mildred J. Gerber fully, voluntarily and knowingly desired to
change her Executor and Power of Attorney upon the advise of and with the
assistance of her personal and independent legal counsel.
(5) Denied. After reasonable investigation, Respondent is without sufficient
knowledge or information as to "these" or other documents referred to by
Petitioner, as same are not identified in order for Respondent to form a belief
as to the truth of the matters asserted. To the extent Petitioner is referring to
the documents identified in Paragraph 16(1) hereof, Respondent incorporates
herein by reference its responses to Paragraphs (1) through (4) hereof,
inclusive.
(m) Denied. Petitioner's allegation refers to a written report which speaks for itself and
- for which testimony has been provided as of October-8,2001 heating of the matter.
(n) Denied. Marilyn Jo Gerber has not made demands upon Mildred J. Gerber which
have been emotionally draining. On the contrary, Marilyn Jo Gerber has been
precluded from all personal contact and communication with Mildred J. Gerber, by
her brother, Frederick E. Gerber, II, Jacqueline Verney, Esquire, and by caregivers
employed by and under the direction of Frederick E. Gerber, II. By way of further
denial, Frederick E. Gerber's efforts and attempts to estrange Mildred J. Gerber from
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her daughter Marilyn Jo Gerber have resulted in untoward, unnecessary and
inappropriate influence, control and pressure upon Mildred J. Gerber.
(o) Denied. Marilyn Jo Gerber offered care and assistance to her father during his last
illness in that inter alia: she escorted and assisted his attending medical
appointments; escorted her father to hospital January 15, 1998, rendering assistance
in his admission where she was a staff nurse; was a transfer nurse of her father to
Harrisburg Hospital on January 16, 1998; coordinated various medical specialists to
consult with her father; gathered additional medical records to assist care providers
and medical specialists; provided medical knowledge as a licensed registered nurse
to her father of procedures and treatments as requested; and escorted Mildred J.
Gerber twice daily for approximately 34 days to visit her hospitalized husband. On
the contrary, Petitioner, Frederick E. Gerber, interfered with the patient care
conference of all physicians in February, 1998. It is specifically denied that Marilyn
Jo Gerber has or will attempt to control or disrupt health care to or for Mildred J.
Gerber; Respondent incorporates herein by reference her response to Paragraph 16(p)
~hereof~. -
(p) Denied. Marilyn J. Gerber has not sought, and does not desire to seek access, contact
or visitation with their mother for purposes of exerting any "control", nor desire to
change healthcare in any fashion that would be detriment to her well being and
personal welfare. On the contrary, Mildred J. Gerber has expressed a desire for
Marilyn Jo Gerber to provide her assistance as a daughter, nurse and caregiver.
Marilyn Jo Gerber cared for Mildred J. Gerber for a period of sixteen (16) months
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without objection of Frederick E. Gerber, II, or daughter, Jane Herin. As to the
remainder of Petitioner's allegation, the same is denied as Respondent is without
sufficient knowledge or information to form a belief as to the truth of the matter
asserted, the same is therefore denied and strict proof demanded at trial of the matter.
(q) Admitted in part and denied in part. It is admitted that Jacqueline Verney, Esquire,
had written a letter in 2001 directing Marilyn Jo Gerber to stay off of Mildred J.
Gerber's residential real property. In January, 2001, Marilyn Jo Gerber received no
other communication personally and directly from Mildred J. Gerber as to her wishes
regarding contact. It is denied that Marilyn Jo Gerber has inappropriately or in any
unauthorized fashion entered the real property, or attempted to gain access in any
inappropriate fashion after the March 2001 hearing. As to the remainder of
Petitioner's allegation, the same is denied as Respondent is without sufficient
knowledge or information to form a belief as to the truth of the matter asserted, the
same is therefore denied and strict proof demanded at trial of the matter.
(r) Denied. Respondent's response to Paragraph (p) hereof is incorporated herein by
reference as thoughthe same was set forth herein at length. Petitioner's allegations
references a letter purportedly written by Marilyn Jo Gerber to Mildred J. Gerber,
said allegation is hereby denied as Respondent is without sufficient knowledge or
information to form a belief as to the nature and extent of the letter which is referred
to in this allegation as no copy of the letter has been attached to the Petition received
by Marilyn Jo Gerber, herewith.
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16. (sic)Admitted. It is admitted that an appearance was entered in this action by Jacqueline Verney,
Esquire. Any inference that such a choice of said counsel was free, voluntary or knowing
by Mildred J. Gerber, is denied. On the contrary, choice of counsel on behalf of Mildred J.
Gerber was procured at the selection of Frederick E. Gerber, II.
17. Admitted.
18. Admitted.
19. Denied. The allegations set forth in Paragraph 19 constitute a conclusion of law to which
no response is required and the same are therefore denied. To the extent which a response
is deemed required, it is denied that the appointment of Frederick E. Gerber, II, as guardian
of the person is in the best interest of Mildred J. Gerber, as Frederick E. Gerber, II, has
demonstrated an intent, willingness and plan to seek estrangement of Mildred J. Gerber from
her daughter, Marilyn Jo Gerber. By way of further denial, Respondent incorporates herein
by reference her responses set forth as New Matter paragraphs 23-44 the same as though
stated at length.
20. Denied. The allegations set forth in Paragraph 20 constitute a conclusion of law to which
no response is required and the same are therefore denied. To the extent which a response
is deemed required, it is denied that irreparable harm will result to Mildred J. Gerber if no
guardian of her person is appointed as daily private nursing and family assistance is
available.
21. Denied. Petitioner, on the contrary, desires exclusive care and control of Mildred J. Gerber,
and has exhibited undue influence and control directly as a result of and evidenced by these
proceedings initiated in January and September, 2001, for the sole benefit and purposes of
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the estrangement of Marilyn Jo Gerber from her mother Mildred J. Gerber, all to the benefit
of Frederick E. Gerber, II.
WHEREFORE, Respondent, Marilyn Jo Gerber, respectfully requests that the Petition for
Appointment of Guardian of the Person of Mildred J. Gerber, an alleged incapacitated person, be
denied, and that the appointment of Frederick E. Gerber, II, as guardian over the person of Mildred
J. Gerber, be denied; in the alternative, should incapacity of Mildred J. Gerber be determined,
Respondent Marilyn Jo Gerber requests that she be appointed Guardian of the Person of Mildred J.
Gerber.
NEW MATTER
22. Respondent incorporates herein by reference its responses to paragraphs 1. through 21.
hereof, inclusive.
23. On or about November 3, 2000, Mildred J. Gerber by and through her counsel, Joseph Metz,
Esquire, jointly filed a Complaint with Marilyn Jo Gerber, by and through her counsel,
Michael Kane, Esquire, at Cumberland County Court of Common Pleas No. 00-7831 Equity,
to request an accounting by Frederick E. Gerber, II, of the Trust of Fred E. Gerber for which
he is Trustee.
24. On or about December 26, 2000, Mildred J. Gerber executed a Revocation of Power of
Attorney and Trusteeship of Frederick E. Gerber, II, upon the advice and preparation of legal
counsel, Joseph Metz, Esquire, due in part to the lack of accountings and related actions of
Trustee Frederick E. Gerber, II.
25. On or about December 29, 2000, Frederick E. Gerber, II, took or caused various actions to
stop or preclude the use of Mildred J. Gerber's credit cards and personal checking accounts.
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26. On or about January 6, 2001, Frederick E. Gerber, II caused Mildred J. Gerber under his
direction, instruction and influence to terminate the services of legal counsel Joseph Metz,
and subsequently engage the services of Jacqueline Verney, Esquire.
27. Frederick E. Gerber, II, then removed Mildred J. Gerber from the care of her primary
personal physicians, Dr. William Richwine, Dr. Todd Pelleschi, her physicial therapy
treatment at Joyner Sports Medicine Clinic, and follow up radiological tests for a pulmonary
condition, and failed to keep and attend scheduled appointments for a complete dementia
evaluation at Hershey Medical Center in March, 2001.
28. On or about January 13, 2001, Frederick E. Gerber, II, and Jane Heflin asserted possession
and control of Mildred J. Gerber's residence, changing the locks, phone number to the
exclusion of Marilyn Jo Gerber and restricting or eliminating Mildred J. Gerber's access to
her social activities, frequented restaurants, church and friends.
29. On January 19, 2001, Frederick E. Gerber, II caused Mildred J. Gerber to execute a Power
of Attorney appointing him as such Power of Attorney. A photocopy of the alleged Power
of Attorney is attached as Exhibit "B" to the Petition of Fred E. Gerber, II for Appointment
of Guardian Over the Person of Mildred J. Gerber.
30. On the same day, January 19, 2001, an action and Petition for Appointment of Guardian Over
the Estate of Mildred J. Gerber is filed by Fred E. Gerber, II to the above captioned matter.
31. On or about January 30, 2001, a Praecipe for the withdrawal of the appearance of Joseph
Metz and substitution ofJacqueline Verney, as counsel for Mildred J. Gerber was filed with
respect to the Complaint for Accounting at Cumberland County Court of Common Pleas, No.
00-7831, Equity.
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32. On or about February 12, 2001, a Praecipe withdrawing the Complaint filed at No. 00-7831
Equity on behalf of Mildred J. Gerber was filed by Jacqueline Verney, Esquire.
33. Petitioner, Marilyn Jo Gerber, is a registered nurse licensed in Pennsylvania since 1985 with
sixteen (16) years of experience as intensive care, coronary care and geriatric nurse in home
healthcare; Petitioner is a licensed nurse in California, Pennsylvania, Maryland, Virginia,
Vermont and New Hampshire; her professional medical career has included service at John
Hopkins Medical Center, Stanford Medical Center, Pacific Medical Center, Einstein
Hospital-Philadelphia, Pennsylvania, and various hospitals in the Harrisburg area.
34. Testimony as to Mildred J. Gerber's physical and cognitive abilities by caretaker Mildred
Scott, of Betra In Home Care, who has been providing assistance and services to Mildred J.
Gerber over a prolonged and continuous period, establishes a daily functional capacity of
Mildred J. Gerber contradictory to the evaluation, assessment and findings of Dr. Cadieux.
35. Testimony of Mildred Scott establishes: the day to day self-sufficient capabilities of Mildred
J. Gerber to provide for her own needs such as by cooking, cleaning, eating, dressing and
attending to personal hygiene; Mrs. Gerber's ability to converse and communicate as well
as make decisions regarding her person and well-being; Mrs. Gerber's ability to distinguish
and take her own medication; Mrs. Gerber's ability to be ambulatory without assistance.
36. Testimony of Mildred Scott establishes a distinct and independent ability on behalf of
Mildred J. Gerber to meet the essential daily requirements for her own physical health,
safety and well-being.
37. The opinion of Dr. Cadieux at hearing of the matter on October 8, 2001, that the possible
impropriety as it relates to Petitioner Marilyn Jo Gerber's interaction with Mildred J. Gerber
14
has complicated her cognitive condition is inconclusive and unsubstantiated as no contact
has been made with Marilyn Jo Gerber, nor has the full nature and extent of such interaction
been investigated or evaluated by Dr. Cadieux, nor differentiated from the dementia
diagnosis that has been made.
38. Access to Mildred J. Gerber, physically and personally, by Petitioner Marilyn Jo Gerber has
totally been denied and obstructed by Petitioner Frederick E. Gerber, II, and their
representatives; such access has been denied since challenges had been originally made by
Mildred J. Gerber and her daughter, Marilyn Jo Gerber, with regard to the propriety of
management of the family trusts by Frederick E. Gerber, II.
39. Prior to the actions initiated in January, 2001, of Frederick E. Gerber, II, for the appointment
of guardian of the Estate over Mildred E. Gerber, Petitioner Marilyn Jo Gerber:
(a) enjoyed a loving, caring and productive relationship with her mother, Mildred J.
Gerber over a previous period of sixteen (16) continuous months from approximately
September, 1999, to January, 2001;
(b) was a substantial daily companion to Mildred J. Gerber, assisting her in meal
preparations, household chores and maintenance, grocery shopping and errands,
attending to medical appointments and physical therapy;
(c) transporting Marilyn J. Gerber to social engagements, pleasure outings, restaurants,__`
attending Catholic mass, shopping and assisting in the attending to medical needs and
appointments;
(d) attending to Marilyn J. Gerber an additional six (6) month period in 1997 to assist
Mildred J. Gerber in the care and rehabilitation for a broken hip;
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(e) was instrumental in discovering three misdiagnosed medical conditions of Mildred
J. Gerber in August and September, 2000; and
(f) is a healthcare professional who has followed Mildred J. Gerber's condition and care
on a continuous basis since 1995, provided and attended to consistent medical, dental
and physical therapy care for Mildred J. Gerber.
40. It is submitted that the continuous and systematic denial of access by Frederick E. Gerber,
II, of Mahlyn Jo Gerber to Mildred J. Gerber for a period in excess of eleven months upon
inception of these proceedings, has fostered significant influence and untoward pressure upon
Mildred J. Gerber by Frederick E. Gerber, II, and/or his representatives.
41. During and about the week of November 5, 2001, Mildred J. Gerber was hospitalized,
without notice to, permitted contact or visitation by Marilyn Jo Gerber with her mother.
42. The continued absence and systematic preclusion by Frederick E. Gerber, II, of contact by
Marilyn Jo Gerber with Mildred J. Gerber has served to emphasize the acrimony and
contentious relationship as alleged by Frederick E. Gerber, II, in the Petition for Appointment
of Guardian and propagate the estrangement of Mildred J. Gerber from her daughter; the
continued forced separation of Mildred J. Gerber and Marilyn Jo Gerber will result in
irreparable harm to both.
43. No dispute has been raised by Frederick E. Gerber, II, with the personal care that has been
provided by Marilyn Jo Gerber to Mildred J. Gerber.
44. Prior to institution of these proceedings, Frederick E. Gerber, II, did not participate or assist
in the regular medical care and treatment of Mildred J. Gerber.
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45. Marilyn Jo Gerber is willing and shall consent to serve as Guardian over the person of
Mildred J. Gerber should Mildred J. Gerber be determined incapacitated.
WHEREFORE, Respondent Marilyn Jo Gerber requests that in the alternative should the
incapacity of Mildred J. Gerber be determined, that Respondent Marilyn Jo Gerber be appointed
Guardian of the Person of Mildred J. Gerber.
Respectfully submitted,
CALDWELL & KEARNS
squire '
Stan
Attorney ID# 37422
3631 North Front Street
Harrisburg, PA 17110-1533
Dated: /2-7~/ (717) 232-7661
/31934 Attorney for Petitioner, Marilyn Jo Gerber
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12/05/2001
YmU~CAT~O~
~, MARR.YN JO GERBER, ver~ r~at thc averment~ mad,: ~ tl~s ~.sw~ ~e ~e ~d
~t. I ~d~d ~at ~c s~~ h~ ~c ~c ~bj~t I ~ ~e p~ of 18 Pa, C.S.
490~, re~ng to ~om f~ficafi~ to aU~o~.
18
lI0~ $ , 0 ~t lq I ~I T~0!I~ Z6~ ~T[~ T X/al t~0:0~ flH£ T0/90/ZT
CERTIFICATE OF SERVICE
AND NOW, this 7r day of December, 2001, I hereby certify that I have served a copy of the
within document on the following by depositing a tree and correct copy of the same in the U.S. Mails
at Harrisburg, Pennsylvania, postage prepaid, addressed to:
Richard C. Rupp, Esquire
355 North 21st Street
Suite 205
Camp Hill, PA 17011
Jacqueline M. Vemey, Esquire
44 South Hanover Street
Carlisle, PA 17013
CALDWELL & KEARNS
Stanley J.A~.~kowski, Esquire
33395-1
IN RE: APPOINTMENT OF A GUARDIAN : IN THE COURT OF COMMON PLEAS
OF THE PERSON OF MILDRED J. GERBER, : CUMBERLAND COUNTY, PENNSYLVANIA
and alleged incapacitated person, : ORPHANS COURT DIVISION
:
Respondent :NO. 21-01-92
NOTICE TO PLEAD
To: Richard C. Rupp, Esquire
355 North 21 st Street
Suite 205
Camp Hill, PA 17011
Attorney for Petitioner, Frederick E. Gerber, II
YOU ARE HEREBY NOTIFIED, that the New Matter set forth herein contains averments
against you to which you are required to respond within twenty (20) days after service thereof.
Failure by you to do so may constitute an admission.
CALDWELL & KEARNS
Dated: /~-7-/ By:
Stanley J.A. La~r~d, vski, Esquire
Attorney I.D. No. 37422
3631 North Front Street
Harrisburg, PA 17110
(717) 232-7661