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HomeMy WebLinkAbout03-27-02 (4) IN RE: APPOINTMENT OF A, ' IN THE COURT OF COMMON PLEAS OF GUARDIAN OF THE PERSON OF CUMBERLAND COUNTY, PENNSYLVANIA MILDRED J. GERBER · NO. 21-01-92 ORPHANS' COURT ORDER OF COURT AND NOW, this ~ day of March, 2002, following a headng in which the testimony of Mildred Gerber was .taken pursuant to an order of this court of December 21, 2001, it is ordered that the personal guardian of Mildred Gerber shall allow Marilyn Gerber to .visit with her mother for four continuous hours each week when Marilyn Gerber can arrange to be where her mother is located? Edgar §. ~a' MY, J. Ri:Chard ~.. Rupee-Esquire For Frederick E~ Gerber, II Jacqueline M. Verney, Esquire A TRUE COPY FROM RECORD For Mildred J. Gerber In Testimony wherof, I hereunto sm my hand and the seal Stanley J.A. Laskowski, Esquire of ~ Court~. ~, PA For Marilyn J. Gerber ~~~. :saa ~ ~ Having appointed a personal and estate guardian for Mildred Gerber, we are satisfied, at this point, that the visitation herein ordered can be conducted in a manner that is not contrary to the best interest of Mildred Gerber. FRDM : SANDERS AND W~RR~N,LLC PHONE NO. : 630 ~8 G,~G? Jul. 1S 2~ 04:01~ PI DERS ~atric ~re ~anagemcnc LL.C. July 1,5, 2002 Mr. Richard Rupp Phone 1-717-961 Fax 1-717-730-0214 Re: Mildred Gerber On July 5th at noon, ! met Mrs. Gerber and her daughter Jane Heflln for lunch at Embassy Suites. Marilyn Gerber did not arrive until 12:50 P.M. Prior to Marilyn's arrival, Mrs. Gerber wes reticent about meeting me. Jane explained that I am a colleague of Joan Jackson's whi~ was acceptable to her. IV~. Gerber was very quiet at fir~ listening to conversation between Jane anti me. She ate her lunch with some auistan~e from her daughter Jane. When Marilyn arrived, there was an argument be.ween the two sisters regarding whether the visit was scheduled for noon to 4 P.M. or from 1 P.M. to 5 P.M. Mrs. Gerber became agitated and upset, she waved her fist in the air and said, "Lers stop all this stuff." VVhen Marilyn questioned Mrs. Gerber about various topics, Mrs. Gerber's responses were vague and general such as "1 have a lot of things to do" or she defen'ed to her daughter Jane such as "Do i have different caregivers or just one?" and "Do we have flowers?". Mrs. Gerber said she knew that yesterday was the 4th of July. She said a little bump on her arm didn'rbother I~er and she was able to respond regarding what she likes and doesn't like to eat. One time she responded "1 don't know what to ~ay," When Marilyn complimented her mother's outfit and told her how much she missed her and showed her how much their hands were alike, Mm. Gerber let Marilyn hold her hand briefly and' seemed comfortable doing so. When Marilyn resumed questioning and then directly asked questions of Jane, there was again tension and arguing between the sisters. Mrs. Gerber became fidgety and had a distressed look on her face. Marilyn asked this writer if the setting was suitable for a relaxed visit and what type of activities would be helpful for a successful visit. I suggested walking around the hotel and looking at the pictures and fountains and I saicl, '1 believe tone of voice is the most important favor. Older people respond best to a relaxing, warm, and friendly tone of voice." Mrs. Gerber smiled and blew a kiss to me and nodded her approval. Mrs. Gerber refused to let Marilyn help her out of her chair although she was olearly having difficulty getting up. She walked away from Marilyn and said, "Why do ba~bsand~co~e.com · 799 Roosevelt Road · Bldg. 6, Suite 011 · Glen Ellyri, lt. 60137 · Fax: 650-858-6467 FROM : SANDERS AND LIARF~N,LLC PHONE riO. : 6;38 85.8 6467 ]"ui. 15 2E~,2 04:02PM P2 Page 2 people come to visit me"andthenin an aside commentto ma"I'm not being very kind today." Upstairs in the hotel suite, the room was cold and Mrs. Gerber refused to let Marilyn cover her with a blanket but a few minutes later, allowed Jane to ~o so, Mrs, Gerber told everyone to "shhh". She was hiccuping and making liffle "mmm" sounds. She had her arms folded over her chest and appeared frustrated and angry. She was breathing heavily. After a period of silence, perhaps 15 to 20 minutes, Marilyn approached her mother again and knelt by her side and told her how goon it was to see her and that she missed her. She reminisced about several things and Mrs. Gerber let Madlyn hold her hand. Madlyn would make comments and Mrs. Gerber would nod or say 'yes" and one time they joked and laughed together. Mrs. Gerber we~s relaxed for about a half an hour. Then Mrs. Gerber became restless and began walking around. When Madlyn followed her out into the hallway, she pointed down the hall and said "You go way down there." Mrs. C.-.-.-.-.-.-.-.-.-~er said to me, '"This is a terrible situation." She said to Jane, "Let's go home now." This was at 3:30 P.M. She continued to be agitated for the next half hour. At 4 P.M. Jane asked her mother if she would like to go home or stay and visit with Marilyn until 5 P.M. Mrs. Gerber was adamant and insistent that she was anxious to go home. Mrs. Gerber has poor recent memory and a short affention span. She clearly dislikes being questioned in a detailed way but can tolerate a few generalized friendly questions. She becomes very upset when there is arguing or tension between daughters. She cleady favors Jane whom she is living with and seems to trust but on a couple of oocasions, she spoke sharply to Jane as well as Marilyn. When Marilyn is sweet and supportive, Mrs. Gerber sometimes warms up to her briefly or else metter-of-faotly. However, Mrs. Gerber seems to dislike being the center of attention ancl can tolerate closeness ancl conversation for only brief pedods and then becomes angry and irritated. It is my opinion that these visits would be less stressful for Mrs. Gerber if they were shorter. However, Marilyn does travel a long distance to see her. It migl~t De helpful if there were breaks, quiet down time for Mrs. Gerber dur. ng the visits. The most upseffing element of the visits is the tension between the two sisters. The sisters need to refrain from talking to one another or need to be barfer at modulating their tone of voice and controlling their frustrations. It is a aocumented fac~ that people with Alzheimer's Disease recognize emotional tones and cue3 far longer than they remember language or facts. They will react to very subtle emotions even if they do not understand the coml~lete context of the conversation. Luise A. Warren, LCPC, CMC FROM : S,qN.DERS AbE) LIqRI~EN,LLC PHONE NO. : 638 E~8 6467 I'"~.,¢. 07 21~12 12:381-.WI P2 Geriztric C_~e M~agcrnem L.L.C. May 7, 2002 . Mr. Richard Rupp Phone: 1-717-961-3459 Fax: 1-717-7~0214 Re: Mildred Gerber I have observed four visits Mrs. Gerber received from her daughter Marilyn. Col. Fred Gerber attended two of these visits, and Mrs. Gerber's daughter, Jane, was present at the other two visits. Mrs. Gerber has consistently made it clear that she does not want to participate in these visits'with her daughter Marilyn. She uses every coping skill avaflal31e to make this obvious. She states many times each visit that she wants to leave and go home. She refuses food that Marilyn offers her. She often refuses to take her coat off. She pretends to be tired and sleeps. She resists engaging in looking at old pictures or discussing her past life in Pennsylvania. On Weclnesday, April 24th, Mrs. Gerber was very expressive when nearing we were waiting for Marilyn. She stated, "It's not fairf I just don't want Marilyn in my life! Why the hell do I have to do this?" She was very agitated and upset. It is difficult to see an 87 year old woman with Alzheimer's forced into an uncomfortable, upsetting situation that forces her to be at someone else's mercy wittl no choices. Mrs. Gerber has been diagnosed as AIz. lleimer's, is sometimes confused and forgetful bell; she has many moments of clarity and has been able to express her feelings and, hopefully, will be heard. oan V. Jack~ barb.~ndLZ~:or~.com · 799 Roosevelt Road · Bldg. 6, Suite 011 - Glen Ellyn, [L 60137 · Fax: 630-858-6467 ' C FROM : ~::tNDEES AND I~RREEH,LLC PHOI',IE NO. : 8:31~ 858 6467 I'~. 07 2~2 I;:3~RH P3 MEETINGS WITH MRS. GERBER AND MARILYN SUNDAY, APRIL 7 I met with Col. Gerber, his nephew Seen and Mrs. Gerber at Embassy Suites for a 4.-hour visit with daughter Marilyn as mandated by the court. Marilyrl arrives, appears agitatecl, not happy that food has been ordered. She approaches me and states, "1 know your address - 408 ........ ""1 know you live with a man, presumably your husband. You had bott.er hire an attorney." She was confrontive and aggressive. Marilyr~ wanted to talk to me and agreed to give up one hour of her visit. Marilyn expressed her concerns - health of mother, concerns, and 'l~er fall". Mrs. Gerber distanced hersetf from Marilyn. Sh~ stated, "None of your busines,~ and I can do it mvaell~ "when Marilyn asked questions or attempts to help mother with coat. Marilyn continues to ask questions and brought reminders of Pennsylvania and past life: church Dulletins, rosary, pictures offamil. Mrs. ,, · it." Later, Mrs. Gerber said, "Peg ' Y .G,,e_rb~.r stat. es ~ le ~n the room know wh I m d,s usmd with gu" Mrs. Gerber states many times, "! want tO .(Io home." .FRIDAY. APRIL, 12 Met Col. Gerber, Mrs. Gerber to await visit by daughter, Marilyn. Mrs. Gerber apprehensive about visit. Refuses to sample Madlyn's food - does not want Marllyn to order for her or feed her. MarJlyn, aggressively questions why no bra, where is corset - what happened to wavy, fluffy hair? Don't you miss large house in Pennsylvania? Mrs. Gerber "!clon't have to answer your questior~.." Marilyn engages in activity with paper and 'crayons - Mrs. Gerber to write name - wrote bull shit instead. Madlyn on one side talking to mother, son Fred on other - Mrs. Gerber holds Frecl's hand. She looks for support, is ~fraid of Manlyn. States to me, "~ ~dter me." F'F~M : SqNDERS RI,ID Id~RREN,LL,: PHOHE HO. : 63~ 858 6,467 Mrs. Gerber states many times; "I want to ,qo hom~." Long four hOurs for Mrs. Gerber as she tires begins to say "what, what"."? This frustrates daughter Marjlyn. Mrs. Gert>er will take Col. Gerber's hand. will take my hand, does not reach out to Marilyn. At end of four hours, tries to ignore Marilyn - unresponsive, states she is tired arid wants to ao hom~,," WEDNESDAY. APRIl., '17 Col. Gerber felt sister Marilyn would not show up. He arranged for us to meet at Jane's house. The plan was to visit day care and see how Mrs. Gerber reacted. Mrs. Gerber was relaxed, liked the fact that day care was in a church building. She was frfendly to residents and Interacted well with activities director who organized crafts. Col. Gerber thought it would be a goocl program. We discussed Mrs. Gerber affendJng two days a week, perhaps for half a day to see how she adjusts. We all drove to Embassy Suites to wait for Madlyn. We had lunch and waited one hour and Madlyn did not arrive. Mrs. Gerber remained relaxed and in good spirits. WEDNESDAYt APRIL 24 Meeting Jane Heflin, claughter of Mrs. Gerber and Mrs. Gerber at Embassy Suites. We are going to wait for Marilyn in dining room. Jane reminds Mrs. Gerber we are waiting for Marilyn. Mrs. Gerber very agitated and upset and states, '*~! I don't want Marilyn in my life! Why the hell do I have to ~o thi~?" Used term "shit" at one point. Mrs. Gerber does not usually swear. She remains agitated, upset Jane cannot take her "home". Manlyn informs she has cai/ed social services in OuPage County and asked them to look for abuse or neglect. As the meeting continues, Mrs. Gerber's answer to questions and attempts to engage is "rm tired - I iust don't know." "What? What?'' Refuses engagement - doesn't want fresl~ fruit states "~.,, FI~OM : ,.~flNDERS AND I~RREN,LLC PHONE NO. : 638 858 646T t'~u. 07 2,,BEt2 i2;39¢¢,1 P5 Mrs. Gerber refuses to take off coat. Won't let Marilyn help her. ~ 'TII ae' ' I feel like it!" Mrs. Gerber in the last hour of the visit states "very sleepy, I want to go home. Can we go home Jane?" WENDESDAY. M~.y'. '_"1 Met with Jane, Mrs. Gerber at Embassy Suites to await for visit from Marilyn as mandatecl by coup. Mrs. Gerber was friendly and responsive until Marilyn arrives. Then states she is very tired, closes eyes, cloes not let Marilyn order far her. Allows Jane to order soup and apple sauce - will drink Ensure from Jane. Makes feces at me when Marilyn isn't looking - is cool to Marilyn. In room pretends to sleep, regulates breathing but opens eyes - wide awake - faking for Marilyn. Mrs. Gerber unresponsive to pictures. "0Id". "1 don't want them." Mrs. Gerber wants Jane to help her up from chair or to bathroom. Looks to Jane to take home. States "1 want to ao home" frequently. Mrs, Gerber refuses to remove coat. Looks to Jane to get her out of there. Marilyn states at end of visit something about being there lsat night - evidently came in night before. Merilyn becomes tired of mother's disengagement - states she will continue coming, waiting for report from social services. Marilyn followed me until Jane pulled off at Finley. Marilyn followed Jane. 27W350 HigttlBk8 Road, Room 240, Winfiek], Ill,als 801g0 Phone (830) 882-2746 · ;ax (630) 933-1933 Pnufin= K. Wiener, M.D. ~'-'~ A, /~,~ ~.~" PAULINE K. WIENER, M.D., S.C. 27W350 HI(~H LAKE ROAD, ROOM 240 WINFIELD, ILUNOIS 60190 PHONE (630) 682-2746 FAX (630) 933-1933 July 18, 2002 RE: Mildred Gerber To Whom It May Concern:, This letter is written with the goal of providing an update on Ms. Mildred Gerber:s psychiatric and psychological status. I base my current recommendations on my visit with Ms. Gerber on July 17, 2002. Ms. Gerber continues to display significant depressive and anxious symptoms. I am very concerned about her slow but continuous weight loss. Her cognition appears to be deteriorating. I am very concerned about the effect the weekly visits with daughter Marilyn have had on Ms. Gerber's state. Despite Ms. Gerber's emotional upheaval surrounding these weekly visits, it is my understanding that the court has authorized that these visits continue. As noted in my previous letter, I must recommend a cessation of the visits with Marilyn until Ms. Gerber's psychiatric status improves. My next office appointment with Ms. Gerber is scheduled for August 28, 2002. At this time I will reassess Ms. Gerber's condition. Sincerely, Pauline K. Wiener, M.D. .TUL-E3-~E 1E~.' lB TE~_: P:l~l July 22,2O02 TO: Fred Gerber Ric~ara Rupp FROM: Marilyn Gerber Dear Richard: I am writing you dire~ly as my attorney, San Laskowski is on vacation all this weel< and will not return until duty 2~,2002. I am recluesting a response to my requested visit with my mother on Friday, July 26,2002. AS you know, ~le visit was requesmd weeks ago by Stan and to this clate, we have received no answer on my visit. if yOu recall in your letter dated May 30,2002, you stated that my t)rott~er requeste<l that i provicle I~im wlti130 days aclvance notice of my visits. My attorney aJso explained tO you in many letters tibet it is not possil31e for me to ~ :you 30 days due to the variability of my nu~aing acl~edule. WI'tat is remarkalbe is t~at even with several weel(a aclvance notice, two advance notice, Fred consister~y waits until the very last minute to confirm my visit with motl'~r. This causes me great distress as I never know is I am going to fh/out on the requestecl date, (X)nflrm my reservations, purchase tickets at a discount and have to put all of my other actNifies on rtolcl until I Enow If ! Will travel. I would think that with several weeks notice, my brother would alreaay I<now what his schedule or my sister's schedule is as they alreao~/l~acl their own 30 clays agencla estat)lisl~ed! I am tired of waiting u~'! 4:30PM (EDT) the day before my vim !o treat If I will be aisle to visit my m~. Last weel(, you Inclical~l In a letter that my mothe~ would be going to a cloctor's appointment in t~e moming and would be tired and not able to keep my court ordered visit with my mother. When I arrived on July 17,2002, at 1PM (CDT) at ti~ Embassy Suites, my mother stated several times ~at ~ had not gone to a clo<~tor that morning. Joan Jackson was present to hear this and Jane refused to confirm ~ls. I was also particularly distru0ed at your letter last week to Start stating that my mother is loosing weight anti that I am responsible for I~er wetght loss due to my visits. As a nurse, my immediate response is that since I was only allowe~ to see my mother once in May, an~ once in June, tt is inconceivable tl~at my brother and sister have this belief. Do you have a cloctor's evaluation to support your accusation? I continue to expreas my concern for my mother's health an<t marked continued weight loss. I I~ave continued to request a status of my mother's health ar~l who has been overseeing my mott'~s nutntion ancl clietary needs. As you, my mother has J-UL-23--~2 lB: lB TEL: P:B~2 enough financial assets to e~n have a full-time d~tician li~ w~ my ~er. In the me~l~ r~o~ ~m ~ gi~n ~ us at 5PM ~e e~ni~ ~om ~ ~~r 19,2~2 gu~la~ip baaing, it was cle~y e~de~ mat m~er had lost sign~i~nt ~ a~ ~ h~ fa~ ~ ~~ 4,~1. ~ fall ~s d~ ~ my n~l~en~ in I~ ~r done ~ ~r ~r~i~m ~vl~. I ~l~e t~t my mot~'s su~n ~11~ ~ w~ ~s ~ ar~y r~ to her fall, ~ ~t~l "kidnapping" from ~r home in N~ Cumberla~ to Chi~go an~ ~ ~n~n~ i~lation in Ch~go. I ~ als0 ~~ ~at my b~ is ~ pr~ to mo~ ~ mo~ as guaral~ and th~ my aster, Ja~ Heffin is f~n~ ~ from Illinois, ~t ~ s~ on b~. If y~ r~em~r, my si~ ~ ~ ~ ~,~, ~ ~r ~ ~ In ~ Ymk. I ~n am ~ki~ my br~r m i~ me ~ to ~ ~ ~t~i~ my mo~er w~n J~e is a~ for a ~k,~d ~m~ ~ ~ a time? Are t~r n~aea, CNA's ~ I1~ ex~ri~ su~isi~ my motor? I ~ al~ ~n~r~ E my brier Will ~i~ ~ ~ ~ p~ Of my m~r from · e e~e ~t at my ai~r's home. Y~y, it ~s I~F a~ m ~ ~ ~ my k~l~, ~ere is ~ air~nd~nl~ in my a~'s ~me. If ~r ~oni~ ~ r~ay I~ fm ~ moor's ~o~, dM my b~ ~y for ~is a~ ~r~y ~ my ~s ~me? I ~ ~t my ~ is nm ~j~ m air fans ~ ~ ~r~~em w~ch ~11 dri~ my mo~ ~ ~ s~ hated the air cu~ ~ ~i~ wh~ she was at h~ ~t, My a~ ~n~m ~ ~ dudng my ~ ~ ~ my m~r, my sitar Jam r~ to drop ~ m~ ~ in ~nt ~ t~ hot~ ~ I~d pa~ my ~'s ~r many la~s aw~ from the e~mn~. My ~r r~uir~ ~ ~d J~n Ja~ to a~i~ ~ ~ t~ front enE~. w~en ~ ~me ama to ~ve the ~el, I a~ my si~r Ja~ ~ bdng · e ~ to ~ fro~ e~. My s~t~'a r~~ ~s, 'it is g~ axe.se for ~¢. ~ a ge~ic n~ ~ 17 ~am ~rl~, I ~ ~11 ~ ~t E ~ ~ ~ke ~ I~g in ex. re to ~t for ~ elderly ~on ~ ~me w~k a~ ~at~. T~IS uno.hie ~a~r a~ ~mo~trates ~e lack ~ m~l know.ge and ~rn on my a~r's ~. w~t will my Blair ~d brier do w~en my ~er ~mes i~irm~ a~ ~n no Io~r walk, get i~ a ~r ~ tra~l ~ a ho~ ~m ~m my a~r ~in~ her f~ 2-3 hours'/ I ~ ~ ha~ a ~i~on ~ my ~s~ ~ my m~r f~ ~ ~,~ fr~ 1- 5PM (CDT} ~ We~ay. July 24,~2. ~ls ~ ~ n~ ~. I ~ ~ r~ng · e roll.lng d~ f~ Augur. A~u~ 7,15.a~ ~,~. A~ 15.~ are ~u~ and I ~ f~r~ g~ E~le~ge ~at my mo~er Is not aEe~lng Senior Day Cam on a r~ular ~ala E at all. My ala~r let it sl~ o~ on my ~sit ~ ~ ago t~t m~er h~ n~ ~n to ~e Senior Day Care ~r for a while. I will ~mi~ you again, ~nlor Day Care Ce~m ~ i~o~ ~ ~at my m~r ~n a~d t~ir form ~y t~ Friday from 8AM until 4:30PM. ~ is ~ ~n ~ my J-UL-~3-E~2 10' 11~ TEL: P: I~G brother insists that I cannot visit on Tuesclays anti Thursdays. As my brother refuses me to visit my mother on any weekend or holidays, I am only left with Monday, Wednesday and Friclays. Trtla .Is punitive and restrictive and a complete violation of Judge Bayley's order. If my brother refuses to allow me to visit my mother on Thursday, August 15 and 22, then I am reclUestlng August 14 and 21,2002. However, I shell state and protest that this will be at a great difficulty on my part clue to my at times exnau~ nursing schedule. In order to make discounted reservations, I will need two weeks advance notice and confirmation for each o! my requested clates in August. This means that I will need to know 13y July 24 for August 7 and by August I for August 15 and by August 8 forAugust 22. If I am refused these two Thursdays, thee I will need to know by July 31 for Augu~ 14 and for August 7 for August 21, t would also not like to wait until the last minute much less only two weeks notice as tlqis is higlq season of vaoa~on time. If I purchase these discounted tickets two weeks prior to my visit, there is no refund. II trays not even gone into to dilfioulty in reserving a rant a car at the airport. Be0ause I cio not know which days I will be traveling clue to my 13rother's relunctance to confirm until the last minute, I am forced to pay sometimes ~ or greater for · rent a car which I use for only six ilours. This is punitive and deliberate on my brother's pan. I Iqave confirmed and paid reservations I'or July 26,2002, Friday. CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, attorney for Fred E. Gerber, II, Movant, hereby certifies that on the date below I served a copy of the foregoing document on the following person, by depositing same in the United States mail, postage prepaid, addressed to: Stanley J. Laskowski, Esquire Caldwell & Kearns, P.C. 3631 N. Front St. Harrisburg, PA 17110-1533 Amy J. Mendelsohn, Esquire Rhoads & Sinon, LLP Twelfth Floor One South market Square P. O. Box 1146 Harrisburg, PA 1 7108-1146 Jacqueline M. Verney, Esquire 44 S. Hanover St. Carlisle, PA 17013 Jane N. Heflin 270 N. Garfiel~ Richo~d C. Rup~, Esqu-~r*~ Date: ~'~"ul~- Z~ i "~...o~--~....