The URL can be used to link to this page

Home My WebLink About12-23-02 (4) IN RE: ESTATE OF · IN THE COURT OF COMMON PLEAS MILDRED J. GERBER · CUMBERLAND COUNTY, PENNSLYVANIA an Incapacitated Person · ORPHANS' COURT DIVISION REQUEST FOR TRANSCRIPT A notice of appeal has been filed in this Court on December 20,2002 for the above captioned matter. The official court reporter is hereby ordered to produce a Certified Copy and file this transcript of this matter in conformity with Rule 1922 of the Pennlsyvania rules of the Appelate Procedure. 717 Market Street Lemoyne, PA 17034 Date: December 20,2002 CERTIFICATE OF SERVICE correct copy of the "Notice of Appeal", a "Request for transcript"and a Certified Copy of the Docket Entries was served by means of United States mail, Ist Class mail, postage prepaid, upon the following people. Ms A.J. Mendelsohn, Esquire Attorney for PNC Bank/PNC ADVISORS Rhoades & Sinon One South Market Square Harrisburg, PA 17108 Richard C, Rupp, Esquire Rupp and MEikle Attorneys for Frederick E. Gerber, I I,G uardian of the Person of Mildred J Gerber 355 North 21 st sxtgreet, Suite 205 Camp Hill, PA 17011 Stanley J.A. Laskowski, Esquire Caldwell & Kearns Attorney for Marilyn Jo Gerber for Guardianship of Person 3631 North Front Street Harrisburg, PA 17110 Jane N Heflin 270 N Garfield Street Lombard, Illinois 60148 The Honorable Judge Hoffer The Court of Common Pleas Cumberland County Court Cumberland County One Courthouse Square One Courthouse Square Carlisle, PA Carlisle, PA The Superior Court of Pennslyvania Ms Karen Dixon Harrisburg,Middle DistriCtpA 17101 100 Pine Street, Suite 400 UarjJ(,/n Jo 154240122002 Cumberland County - Orphans Court Page 1 ORC270 Docket Entries Case No 2001-00092 Case Name GERBER MILDRED J Date Filed .......................... FIRST ENTRY ............................ 1/19/01 PETITION FOR EMERGENCY GUARDIANSHIP Relatives/Emergency/Plenary/Estate 1/22/01 RULE ORDER OF COURT - EDGAR BAYLEY, JUDGE 1/25/01 ORDER OF COURT-EMERGENCY GUARDIAN APPOINTED-JUDGE BAYLEY 1/25/01 SHERIFF'S AFFIDAVIT OF SERVICE 1/29/01 ORDER OF COURT-HEARING-JUDGE BAYLEY 2/01/01 PETITION TO ADJUDICATE INCAPACITATED AND APPOINT GUARDIAN Relatives/Regular/Plenary/Person ORDER OF COURT - EDGAR B. BAYLEY, JUDGE CITIATION 2/12/01 MOTION TO AMEND ORDER OF COURT 2/14/01 AMENDED ORDER OF COURT-JUDGE BAYLEY 2/14/01 PRAECIPE TO ENTER APPEARANCE ON BEHALF OF MILDRED J GERBER, BY JACQUELINE M VERNEY, ESQUIRE 2/15/01 SHERIFF'S AFFIDAVIT OF SERVICE (3) 2/15/01 PROPOSED OUTLINE OF PROOF 2/16/01 MOTION FOR CONTINUANCE DUE TO IMPROPER NOTICE THIS COURT ..................................... 154240122002 Cumberland County - Orphans Court Page 2 0RC270 Docket Entries Case No 2001-00092 Case Name GERBER MILDRED J 2/26/01 ORDER TO CONTINUED TO MARCH 22,2001 AT 9:15 A.M.-JUDGE BAYLEY 3/16/01 PETITION (MOTION) FOR COURT TO ORDER ACCOUNTING AND PRODUCTION OF ALL DOCUMENTS PERTAINING TO THE POWER OF ATTORNEY, EXECUTOR AND TRUSTEE POSITIONS HELD BY FREDERICK E. GERBER, II FOR MILDRED JANE GERBER AND ALL TRUSTS WHEREBY MILDRED JANE GERBER IS A BENEFICIARY. 3/19/01 PETITION TO ASK THIS COURT TO ORDER THE FOLLOWING INDIVIDUALS TO APPEAR IN COURT FOR THE GUARDIANSHIP HEARING ON MARCH 22, 2001. 3/20/01 OBJECTIONS TO SUBPOENA PURSUANT TO RULE 4009.21-LINDSAY DARE BAIRD, ESQ. 3/20/01 ORDER OF COURT- SUBPOENA ISSUED TO LINDSAY DARE BAIRD, ESQ. IS QUASHED. 3/21/01 MOTION TO QUASH SUBPOENA- RICHARD C. SENECA, ESQ. 3/21/01 MOTION TO QUASH SUBPOENAS - ANDREW C SHEELY ESQ 3/21/01 MOTION TO QUASH SUBPOENA - RUPP AND MEIKLE 3/21/01 MOTION TO QUASH SUBPOENA - JOSEPH U METZ 3/21/01 ORDER - SUBPOENA ISSUED TO RICHARD C SENECA, ESQ IS QUASHED. - EDGAR B. BAYLEY, JUDGE 3/21/01 MOTION TO QUASH SUBPOENAS - PA. DEPT. OF AGING 3/21/01 ORDER SUBPOENA ISSUED TO HERBERT RUPP, ESQ. IS QUASHED. EDGAR BAYLEY, J 3/21/01 ORDER SUBPOENA ISSUED TO JOSEPH U. METZ,-ESQ IS QUASHED EDGAR BAYLEY, JUDGE 3/21/01 ORDER - SUBPOENA ISSUED TO OREN H. KAUFFMAN, CHIEF OF NCPD CORPORAL ROBERT S. SMEE, PATROLMAN JOSEPH SPADACCINO AND 154240122002 Cumberland County - Orphans Court Page 3 ORC270 Docket Entries Case No 2001-00092 Case Name GERBER MILDRED J PATROLMAN JAMES D. BURNS IS QUASHED. MOTION FILED BY g2xlDREW SHEELY, ESQ. EDGAR BAYLEY, J 3/21/01 ORDER - SUBPOENA ISSUED TO DENNIS DESJ~aXITIS J~T) IDA DAVIS @ PA. DEPT OF AGING IS QUASHED. EDGJa~.R B. BAYLEY, JUDGE. 3/21/01 MOTION TO QUASH SUBPOENAS - PNC BANK NA ORDER - SUBPOENA ISSUED TO PNC BANK IS QUASHED. EDGAR BAYLEY, JUDGE 3/21/01 MOTION TO QUASH SUBPOENA AND OR MOTION FOR PROTECTIVE ORDER JOHN M. SULLIVAN,M.D. 3/21/01 MOTION TO QUASH SUBPOENA - MARY-JO MULLEN, ESQ. 3/21/01 ORDER - SUBPOENA ISSUED TO SR. ASST. D.A. MARY-JO MULLEN, ESQ. IS QUASHED. EDGJ~ B. BAYLEY, JUDGE 3/21/01 ORDER - SUBPOENA ISSUED TO JOHN M. SULLIVAN, M.D IS QUASHED. --- EDGJ~ B. BAYLEY, JUDGE 3/22/01 MOTION TO QUASH SUBPOENAS FOR THE AREA AGENCY OF AGING 3/22/01 ORDER TO QUASH SUBPOENAS AREA AGENCY ON AGING - JUDGE BAYLEY 3/22/01 LETTER FROM MAY & MAY PC. CONCERNING SUBPOENA ISSUED ON DR. CUMMINGS' 3/23/01 MOTION TO QUASH SUBPOENA-POLICE SERGEANT RALPH BROWN 3/23/01 ORDER OF COURT- TO QUASH SUBPOENA FOR POLICE SGT. RALPH BROWN.-JUDGE BAYLEY 3/23/01 MOTION TO QUASH SUBPOENA-FOR NATALIE GILLIS 154240122002 Cumberland County - Orphans Court Page 4 ORC270 Docket Entries Case No 2001-00092 Case Name GERBER MILDRED J 3/23/01 ORDER OF COURT- TO QUASH SUBPOENA ON NATALIE GILLIS. 3/23/01 FINDINGS ORDER OF COURT- PNC BANK APPOINTED PLENARY GUARDIAN OF THE ESTATE-JUDGE BAYLEY. 6/21/01 INVENTORY 9/05/01 PETITION TO ADJUDICATE INCAPACITATED AND APPOINT GUARDIAN OF THE PERSON Relatives/Regular/Plenary/Person 9/07/01 PRELIMINARY DECREE -HEARING SET FOR OCTOBER 8TH, 2001-JUDGE BAYLEY 9/07/01 CITATION 10/02/01 ACCEPTANCE OF SERVICE - JACQUELINE M. VERNEY, ESQ. 10/03/01 ACCEPTANCE OF SERVICE - PNC BANK NA. 10/05/01 PRAECIPE -PLEASE ENTER MY APPEARANCE ON BEHALF OF MARILYN JO GERBER STANLEY J. A. I~SKOWSKI, ESQUIRE 10/05/01 MOTION FOR CONTINUANCE 10/10/01 SHERIFF'S AFFIDAVIT OF SERVICE (3) 10/11/01 ORDER OF COURT - JUDGE BAYLEY A CONTINUANCE OF THE HEARING SHALL COMMENCE @ 8:45 A.M. NOV. 7,2001 IN COURTROOM NO. 2. 10/18/01 IN RE; TESTIMONY OF MILDRED J. GERBER-PROCEEDINGS HELD BEFORE HONORABLE EDGAR B. BAYLEY,J. ON MARCH 22,2001 ................. 10/25/01 MOTION FOR CONTINUANCE 10/25/01 PETITION TO REQUIRE FILING OF AN ANSWER TO PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON. 154240122002 Cumberland County - Orphans Court Page 5 0RC270 Docket Entries Case No 2001-00092 Case Name GERBER MILDRED J 10/30/01 ORDER OF COURT- HEARING RE-SCHEDULED FOR DEC. 19,2001 IN COURT ROOM #2.-JUDGE BAYLEY 11/26/01 ORDER OF COURT - CONTINUANCE OF HEARING EDGAR B BAYLEY, JUDGE 12/10/01 ANSWER WITH NEW MATTER TO PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON MILDRED J GERBER,ALLEGED INCAPICATED PERSON 12/12/01 MOTION TO STRIKE 12/13/01 ORDER OR COURT - WITH A NEW MATTER FILED ON 12-10-01, BEING UN- TIMELY THE NEW MATTER IS STRICKEN. EDGAR B. BAYLEY, JUDGE 12/13/01 TRANSCRIPT(LODGE) IN RE: APPT. OF GUARDIAN PROCEEDINGS HELD 2-21-2001. TR3%NSCRIPT(LODGE) IN RE: APPT. OF GUARDIAN PROCEEDINGS HELD 3-22-2001. TRANSCRIPT(LODGE) IN RE: APPT. OF GUARDIAN PROCEEDINGS HELD 10-8-2001. 12/18/01 TRANSCRIPT(FILED) IN RE: APPT. OF GUARDIAN PROCEEDINGS HELD 2-21-2001. TRANSCRIPT(FILED) IN RE: APPT. OF GUARDIAN PROCEEDINGS HELD 3-22-2001. TRANSCRIPT(FILED) IN RE: APPT. OF GUARDIAN PROCEEDINGS HELD 10-8-2001. 12/19/01 MOTION FOR RECONSIDERATION A_ND TO VACATE ORDER OF COURT 12/19/01 MOTION FOR INDEPENDENT EVALUATION OF AND CONTACT WITH MILDRED J. GERBER 12/20/01 ALLEGED INCAPACITATED PERSON MILDRED J. GERBER'S ANSWER AND NEW MATTER TO MOTION FOR CONTACT WITH MILDRED J. GERBER. 154240122002 Cumberland County - Orphans Court Page 6 ORC270 Docket Entries Case No 2001-00092 Case Name GERBER MILDRED J 12/21/01 IN RE: PETITION FOR THE APPOINTMENT OF A GUARDIAN OF THE PERSON OF MILDRED J. GERBER BEFORE BAYLEY, JUDGE OPINION AND ORDER OF COURT - EDGAR B. BAYLEY, JUDGE HEARING SET FOR JANUARY 28, 2002 @ 2:30 P.M. COURTROOM NO. 2. 12/21/01 MOTION 1/10/02 EXCEPTIONS OF MARILYN JO GERBER 1/28/02 MOTION FOR CONTINUANCE 1/28/02 ORDER OF COURT - MOTION FOR CONTINUANCE IS GRANTED; HEARING SCHEDULED FOR JANUARY 28, 2002 AT 2:30 P.M. IS RESCHULED FOR MARCH 21, 2002 AT 1:30 P.M. IN COURTROOM NO. 2. EDGAR B. BAYLEY, JUDGE 3/04/02 MOTION FOR CONTINUANCE 3/07/02 RESPONSE OF MARILYN JO GERBER TO MOTION FOR CONTINUANCE. 3/08/02 PRAECIPE 3/13/02 ORDER OF COURT - HEARING SCHEDULED FOR 3-21-2002 IS FOR THE PURPOSE OF TAKING THE TESTIMONY OF MILDRED GERBER, THE MOTION OF FREDERICK E. GERBER, II, FOR A CONTINUANCE, IS DENIED. EDGAR B. BAYLEY, JUDGE 3/14/02 APPLICATION FOR STAY OF JUDICIAL PROCEEDINGS IN ACCORDANCE WITH THE FEDERAL SOLDIERS' AND SAILORS' RELIEF ACT OF 1940. MEMORANDUM FOR RESPONDENT'S. GUARDIAN OF THE PERSON'S, APPLICATION FOR RELIEF UNDER FEDERAL SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940, AS AMEArDED, (SSCR3~) . 3/15/02 ORDER OF COURT - THE APPLICATION FOR A STAY OF JUDICIAL PROCEEDING IN ACCORDANCE WITH THE FEDERAL SOLDIERS'AND SAILORS' RELIEF ACT OF 1940 IS DENIED JUDGE BAYLEY 154240122002 Cumberland County - Orphans Court Page 7 0RC270 Docket Entries Case No 2001-00092 Case Name GERBER MILDRED J 3/27/02 ORDER OF COURT - THE PERSONAL GUARDIAN SHALL ALLOW MARILYN TO VISIT HER MOTHER FOUR CONTINUOUS HOURS EACH WEEK WHEN MARILYN CAN ARRANGE TO BE WHERE HER MOTHER IS LOCATED - JUDGE BAYLEY 3/27/02 ORDER OF COURT - EXCEPTIONS OF MARILYN TO THE ORDER OF DECEMBER 21 2001 APPOINTING FREDERICK E GERBER II AS PERSONAL GUARDIAN OF MILDRED J GERBER ARE DISMISSED JUDGE BAYLEY 4/19/02 GUARDIANSHIP STATEMENT PNC BANK NA 4/26/02 NOTICE OF APPEAL REQUEST FOR TRANSCRIPT CERTIFICATE OF SERVICE 4/29/02 NOTICE OF APPEAL (CERTIFIED COPIES) REQUEST FOR TRANSCRIPT CERTIFICATE OF SERVICE MAILED TO SUPERIOR COURT OF PA VIA UPS FOR A DOCKET NUMBER 5/16/02 TRANSCRIPT(LODGE) IN RE APPOINTMENT OF A GUARDIAN PROCEEDINGS HELD 12-19-2001 @ 9:15 A.M. IN COURTROOM NO.2. TRANSCRIPT(LODGE) - IN RE: TESTIMONY OF MILDRED JANE GERBER PROCEEDINGS HELD 3-21-2002 @ 3:22 P.M. IN JUDGE'S CHAMBERS. 5/22/02 TRANSCRIPT(FILED) - IN RE: TESTIMONY OF MILDRED JANE GERBER PROCEEDINGS HELD ON 3-21-2002 @ 3:22 P.M. IN JUDGE'S CHAMBERS. TRANSCRIPT(FILED) - IN RE: APPOINTMENT OF A GUARDIAN PROCEEDINGS HELD ON 12-19-2001 @ 9:15 P.M. IN COURTROOM NO. 2. 6/17/02 MAILED ORIGINAL DOCKET TO SUPERIOR COURT 7/09/02 PETITION FOR REVIEW HEARING ' 7/15/02 ORDER OF COURT THE WITHIN PETITION IS DEFERRED PENDING THE CURRENT CHALLENGE ON APPEAL BY MARILYN J. GERBER OF THE TWO ORDERS, BOTH OF WHICH SHE NOW SEEKS TO CHANGE, AND ONE OF WHICH SEE SEEKS 154240122002 Cumberland County - Orphans Court Page 8 ORC270 Docket Entries Case No 2001-00092 Case Name GERBER MILDRED J TO ENFORCE. EDGAR B. BAYLEY, JUDGE 7/24/02 MOTION FOR TEMPORARY SUSPENSION OF ACCESS VISITS WITH INCAPACITATED PERSON 7/29/02 ORDER OF COURT - EDGAR B. BAYLEY, JUDGE 9/30/02 REQUEST FOR STATUS CONFERENCE 10/08/02 MOTION TO REQUEST THE GUARDIAN OF ESTATE PNC BANK TO PRODUCE A COST ANALYSIS OF HOMECARE OF MILDRED J GERBER IN HER HOME IN NEW CUMBER LAND AND CARE IN LOMBARD ILLINOIS AND AT SUNRISE ASSISTED LIVING IN GLEN ELLYN ILLINOIS INCLUDING ALL EXPENSES 10/25/02 REQUEST FOR A STATUS CONFERENCE 10/28/02 ANSWER OF PNC BANK NA TO MOTION TO REQUEST THE GUARDIAN OF TH ESTATE PNC BANK TO PRODUCE A COST ANALYSIS OF HOMECARE OF MILDRED ~ J GERBER IN HER HOME IN NEW CUMBERLAND AND CARE IN LOMBARD ILL. AND AT SUNRISE ASSISTED LIVING IN GLEN ELLYN ILL.INCLUDING ALL EXPENSES 10/28/02 NOTICE TO PLEAD ANSWER OF PNC BANK NA TO MOTION TO REQUEST THE GUARDIAN OF THE ESTATE PNC BANK TO PRODUCE A COST ANALYSIS OF HOME CARE OF MILDRED J GERBER IN HER HOME IN NEW CUMBERLAND AND CARE IN LOMBARD ILLINOIS AND AT SUNRISE ASSISTED LIVING IN GLEN ELLYN ILLINOIS INCLUDING ALL EXPENSES 11/08/02 PETITION TO SELL REAL ESTATE AT PRIVATE SALE 11/14/02 PRELIMINARY ORDER THAT NOTICE OF PETITION TO SELL REAL ESTATE AT PRIVATE SALE BE MAILED OR HANDED TO THE FOLLOWING PEOPLE LISTED ON THE ORDER. 11/15/02 PETITION FOR APPLICATION FOR STAY OF SALE OF HOME 11/18/02 ANSWERS TO MOTION TO REQUEST THE GUARDIAN OF THE ESTATE PNC BANK TO PRODUCE A COST ANALYSIS OF HOMECARE 154240122002 Cumberland County - Orphans Court Page 9 ORC270 Docket Entries Case No 2001-00092 Case Name GERBER MILDRED J 11/21/02 PP~AECIPE TO AFFIX THE ATTACHED CONSENTS 11/21/02 AFFIDAVIT OF SERVICE OF CITATION 12/03/02 ORDER FOR HEARING - TO BE HEARD ON THE 16TH DAY OF DECMEBER 2002 @ 9:30 AM IN CR 3 - JUDGE HOFFER 12/03/02 PRAECIPE 12/12/02 PETITION TO VACATE ORDER AND FOR REVIEW HEARING 12/16/02 ORDER SALE OF REAL ESTATE APPROVE - JUDGE HOFFER 12/18/0'2 IN RE: PETITION TO VACATE ORDER AND FOR REVIEW HEARING. ORDER OF THE COURT:EDGER B BAYLEY ........................... LAST ENTRY ............................ TRUE COPY FROM RECORD I. T~timony wherof,,! hereunto ~ n~ he. nd and~the ~ of S~id ~ (~, pA