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HomeMy WebLinkAbout07-24-02 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 : ,~.-~ ..~ MOTION FOR TEMPORARY SUSPENSION ~.~ OF ACCESS VISIIS Wlll-'l INCAPACITATED PERSON TO THE HONORABLE, THE JUDGES OF SAID COURT: And now comes Col. Frederick E. Gerber, II, Guardian of Incapacitated Person, Mildred J. Gerber, through his attorneys, Richard C. Rupp, Herbert G. Rupp, Jr., and Rupp and Meikle, who makes the following Motion: 1. The Movant is Col. Frederick E. Gerber, II, the son of and the Guardian of the Person of Mildred J. Gerber, the Incapacitated Person, who is currently residing with her daughter, Jane Heflin, in Lombard, Illinois. 2. The Respondent is Marilyn J. Gerber, the daughter of Mildred J. Gerber, the Incapacitated Person. The Respondent has a Pennsylvania residence at 42 Drexel Place, New Cumberland, PA 17070. 3. On March 25, 2002, the Court ordered that the Guardian allow access visits between the incapacitated person, Mildred J. Gerber, and her daughter, Marilyn J. Gerber. A copy of the Court's Order is attached hereto and incorporated herein by reference as Exhibit "A". 4. Access visits have occurred since the entry of the Order between the incapacitated person, Mildred J. Gerber, and the daughter, Marilyn J. Gerber. 5. The Guardian observed that the access visits have adversely affected the Incapacitated Person's health and mental state, including agitation, restlessness and sleeplessness. 6. An access visit occurred on July 5, 2002 and was observed by an employee of Sanders & Warren, which is a geriatric care management firm from Glen Ellyn, Illinois. 7. The Sanders & Warren professional care person who was present at the July 5 2002 visit, Louise A. Warren, LCPC, CMC, wrote a report about the July 5, 2002 access visit. This report included observations that Mildred J. Gerber, the Incapacitated Person, became agitated and upset during the July 5, 2002 access visit due to Marilyn J.Gerber's conduct 2 and displayed her agitation or anger at various times. 8. Mildred J. Gerber, the Incapacitated Person, appeared to sustain her agitation at the end of the July 5, 2002 access visit. A copy of said report is attached hereto and incorporated herein by reference as Exhibit 'B'. 9. Joan Jackson, also of Sanders & Warren, geriatric care management, was present at various other access visits and 'wrote a report dated May 7, 2002, which stated Mildred J. Gerber's being upset with Marilyn J. Gerber and being agitated during the access visits. A copy of said report is attached hereto and incorporated herein by reference as Exhibit 'C'. 10. The Guardian, concerned about Mildred J. Gerber's health deteriorating, arranged for Dr. Pauline Wiener, Geriatric Psychiatrist, who has been caring for Mildred Gerber, to examine her. On June 13, 2002, Dr. Wiener wrote a report stating that in Dr. Wiener's opinion, Mildred J. Gerber's visits with her daughter, Marilyn J. Gerber, generate a severe degree of emotional pain and exacerbate her anxiety and depression. These visits with Marilyn J. Gerber lead to a need for extra doses of tranquilizers on a repetitive baSis and are associated with substantially increased levels of irritability, insomnia 3 and nightmares in Mildred J. Gerber. A copy of Dr. Wiener's June 13, 2002 letter is attached hereto and incorporated herein by reference as Exhibit 'D'. 11. In the June 13, 2002 letter, Dr. Wiener states that her conclusions are based on evaluation of the impact of Marilyn J. Gerber's visits from the substantial nature of Mildred J. Gerber's own statements as well as the collaborative reports of Ms. Joan Jackson, from Sanders & Warren. Because of attempting to treat the depression and anxiety which is being suffered by Mildred J. Gerber, her patient, Dr. Wiener believes that the psychological aspect of the mood disturbance will not resolve as long as the repeated emotional upheaval occurs with the weekly access visits. Dr. Wiener recommends that the visits be suspended to get through the start-up period with the prescribed anti-depressant, which will allow a reassessment of the situation. 12. Following the July 5, 2002 access visit and noting the loss of weight in Mildred J. Gerber, the Incapacitated Person was again examined by Dr. Wiener on Wednesday, July 17, 2002. 4 13. Dr. Wiener writes in her July 18, 2002 report following this July 17, 2002 visit with Mildred J. Gerber, that Mildred J. Gerber continues to display significant depressive and anxious symptoms and that Dr. Wiener is very concerned about Mildred J. Gerber's slow but continuous weight loss. Further, Mildred J. Gerber's cognition appears to be deteriorating. Dr. Wiener repeats that she is very concerned about the effect that the weekly visits with her daughter, Marilyn J. Gerber, have had on Mildred J. Gerber's mental state. Dr. Wiener again recommends that a cessation of the visits with Marilyn occur until Mildred J. Gerber's psychiatric status improves. A copy of Dr. Wiener's July 18, 2002 letter is attached hereto and incorporated herein by reference as Exhibit 'E'. 14. Mildred J. Gerber wrote the Guardian a note on June 16 of this year ( which she mis-dated) that, among other things, she emphatically does not want to see Marilyn anymore (sic) this month. ' I need some rest from her." Said note is attached and incorporated herein by reference as Exhibit, F, 5 15. Marilyn Gerber, through her counsel, has requested that a July 26, 2002 access visit occur. A copy of a faxed letter received by the Guardian's attorney on July 23, 2002 is attached hereto and incorporated herein by reference as Exhibit "G". 16. The Guardian has declined the requested July 26, 2002 access visit because of the medical opinion of Dr. Wiener. 17. Attorney Jacqueline Verney, counsel for the incapacitated person, Mildred J. Gerber concurs with this Motion. 18. This motion was faxed to Attorney Stanley Laskowski on behalf of Respondent Marilyn J. Gerber requesting his concurrence. As Counsel was not able to reach Attorney Laskowski, it is presumed he opposes this Motion for suspension of the access visits. 6 WHEREFORE, The Guardian of the Person of Mildred J. Gerber requests this Honorable Court to suspend the access visits between Mildred J. Gerber, the Incapacitated Person, and Marilyn J. Gerber based upon Dr. Wiener's medical opinion, until further Order of this Court. k,.Richard ~.. R~Lpp,~r~quire '1 j~ Sup. Court I.~o.: 34832 -- 355 North 21 st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Attorney for Movant 7 VERI FICA'I! ON !, Frederick E. Gerber, II, verify that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief. The undersigned understancis that false statements I~erein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities.