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12-23-02 (3)
IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA APPOINTMENT OF A GUARDIAN : OF THE PERSON OF : ORPHANS COURT DIVISION MILDRED J. GERBER, : an alleged incapacitated person : NO. 21-01-92 PETITION FOR CITATION TO FILE REPORT OF GUARDIAN OF THE PERSON AND NOW COMES, Petitioner, Marilyn Jo Gerber, by and through the undersigned attorneys, and makes the within Petition for Citation directed to the appointed Guardian of the Person ofMidred J. Gerber to file a report pursuant to 20 Pa. C.S.A. § 5521, averring in support thereof as follows: 1. Petitioner is Marilyn Jo Gerber, daughter of incapacitated person, Mildred J. Gerber, in the above-captioned action, who has the residence of 42 Drexel Place, New Cumberland, Pennsylvania 17070. 2. Respondent is Frederick E. Gerber, II, currently Guardian over the person of Mildred J. Gerber in the above-referenced matter. 3. By Order of Court dated December 21, 2002, Respondent was appointed Plenary Guardian of the Person of Mildred J. Gerber. 4. Pursuant to 20 Pa. C.S.A. § 5521(c), the appointed Guardian of the incapacitated person is required to file with the Court a report at least once within the first twelve months of the appointment and at least annually thereafter. 5. One year has elapsed since the appointment of Respondent, Frederick E. Gerber, II, as the Guardian of the person of Mildred J. Gerber and no annual report has been filed in the above-captioned matter by the Guardian. 6. During the course of the past year, Mildred J. Gerber has experienced several changes in living conditions from her home in New Cumberland to the home of Jane Herin in Lombard, Illinois and Sunrise of Glen Ellyn, a/k/a Sunrise Assisted Living Facility, Glen Ellyn, Illinois; in addition, Mildred J. Gerber's physical condition has continued to deteriorate and upon information and belief she has required additional medical treatment and/or hospitalization. 7. It is in the best interests of incapacitated person, Mildred J. Gerber that a full, complete and detailed report of the Guardian be prepared and submitted in accordance with 20 Pa. C.S.A. § 5521 et. seq. WHEREFORE, Petitioner, Marilyn Jo Gerber respectfully requests this honorable Court to order a Citation directed to the Guardian of the Person of Mildred J. Gerber, Frederick E. Gerber, II, to show cause why he should not prepare and file a full, complete and detailed report, in accordance with the requirements of 20 Pa. C.S.A. § 5521 together with such other relief as this Court shall deem proper. Respectfully submitted, Date: /2 ~' 2 3- 7_- By: ,~ J t/'~4ff "/~-¥-C~~ ' Stanley J. A. ~ast(owski, Esquire Attorney I. D. # 37422 Caldwell & Kearns, P.C. 3631 North Front Street Harrisburg, PA 17110-1533 (717) 232-7661 Attorney for Petitioner, Mafilyn Jo Gerber 2 VERIFICATION I, Marilyn Jo Gerber, verify that the averments in the foregoing Petition are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. By: '/M~ ~t~"~°~(~erbe~' CERTIFICATE OF SERVICE AND NOW, this 23rd day of December, 2002, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Richard C. Rupp, Esquire Rupp and Meikle 355 North 21st Street, Suite 205 Camp Hill, PA 17011 Amy J. Mendelsohn, Esquire Rhoads & Sinon One South Market Square, 12th Floor P. O. Box 1146 Harrisburg, PA 17108-1146 Jacqueline M. Vemey, Esquire 44 South Hanover Street Carlisle, PA 17013 Jane N. Heflin 270 North Garfield Lombard, IL 60148 CALDWELL & KEARNS 2002 CAIDWEll & KeARn$ A PROFESSIONAL CORPORATION CARL g. WASS ATTORNEYS AT LAW of COUNSEL JAMES R. CLIPPINGER RICHARD I. KEARNS CHARLES J. D£hART. Iii JAMES D. CAMPBELL. JR, 3631 NORTH FRONT STREET THOMAS D, CALDWEL1, JR. JAMES I. GOLDSMITH HARRISBURG, PENNSYLVANIA 17110-1533 uga8- aeon) JEFFREY T. MCGUIRE* STANLEY J. A. LASKOWSKI DOUGLAS K. MARSICO BRETT M. WOODBURN DOUGLAS E. HER.AN December 23, 2002 RAY J. MICHALOWSKI 717 - :='32 - 7661 · ALSO A MEMBER OF NJ BAR FAX: 717-232-;~766 thefirm@caldwellkearns.com HAND DELIVERED Mary C. Lewis Clerk of the Orphans' Court Register of Wills Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Appointment of a Guardian of the Person of Mildred J. Gerber, an Alleged Incapacitated Person Orphans' Court Division No. 21-01-92 Dear Ms. Lewis: Please find enclosed the original Petition for Citation to File Report of the Guardian of the Person together with additional copies for filing in the above-referenced matter this date. Kindly date and time stamp the additional copies and provide them to the courier for return to my attention. If you have any questions or require additional information, please contact me. Ve~. t__rj, d.y yours, ~ , Stanley J. Ayt_askowski CALDWELL & KEARNS SJAL:se encs. cc: Marilyn Jo Gerber Richard C. Rupp, Esquire Amy J. Mendelsohn, Esquire Jacqueline M. Verney, Esquire Jane N. Heflin 01607/50312 ,_;ER~IFIE~) COPY AUTHENTICATED Ui ~~~! 2113 (Rev. 3/01) STATE OF ILLINOIS ITY OF DU PAGE IN THE I, JOEL A. KAGANN, DO HEREBY £ '? RTIFY that [ am tic duly elected, qual ifie;! :i( ,~mg Clerk of the Eighteenth Judicial Circuit Court of DuPage County, Illim,i, and that as such £ lerk, I am the Keeper al ,! ( ustodian of the files and records of the said Court, and the Seal thereof. I DO FURTHER CERTIFY that the forei: oing to be a tree, pe:fect and complete c ~py ALL DOCUMENTS REGARDING CASE NO. 2002 lqR 973, IN RE: MILDRED J. GERBER, A DISABLED ADULT, FILED ON SEPTEMBER 19, 2002, TItAT ARE AVAILABLE AS OF TODAY'S DATE, JANUARY 10, 2003. as it appears in the files of my office no~ remaining. IN WITNESS WHEREOF. I ha;,,~ he, city-:to set my hand and caused to be affixed the Seal oftt e Eighteenth Judici~t ~oI]~ Wheaton, Illinois. O Date: ~ .~ ~ .. . I )eputy ~rcuit JUDGE~S CERTIFICATE / x I, ROBERT K. ~L~DER, Chief Jud ge of the Eighteen th Judicial Circuit Court .f DuPage Co~ do hereby certi¢ that JOEL A. ~G~N, whose :~me is subscribed to the foregoing Certi fica :ct f A~estation,(~w is ~s at the time of signing and sealing, the Clerk of the Eighteenth Judicial Circuit Court o1' l)uP;~ge County, Illi~ keeper of the files and records and Seal thereof, duly t:h:cted and qualified to office; that full fi..i, thanc, credit here are and or right ought to be given to all his official acts as such, in al! coups of record and elsewhere, and that his ~aitl attestation is in due fo~ of law and by the proper officer. ~ WI~E~;S WHE~O~:, Hand. Date: '~hi~¢f Ju~ :,,c of the Eighteenth Judicial Circuit Court CLUB'S C~RTIFICAT [ I, JO~L A. BGCN, Clerk of the Eighteenth Judicial Circuit Court of I)uPa~t' County, Illinois, do hereby certify that ROBERT K. ~L~DER whose signature is appended to the foregoing certificate, a a~; a~ the ~e of signing the Chief Judge of the Eighteenth Judicial Circuit Court of; )aPage CounW, Illir ois; that full l~ith and c~ tdil are and or right ought to be given to all his official acts such, in all coups of tee ,~ ds of elsewhere. ~ WI~ESS WHE~OF, I hax'~rIo~e~x~ hand and caused to be affixed Date:,./'~2 ~Coun~ t, ;x. K Clerk JOtL A. gOg~, CLUB OF Tt~t 18TI J~I)ICIAL (IRCUIT COURT W~EtTO~, ILLINOIS 60189-0707 o 2116--N (Rev. 9199) ' ~""J '~'l-I~°1 STATE OF ILLINOIS UNITED STATES OF AMERICA COUNTY OF DU PAGE / 3~01 IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT,. 212:~ a..r,..~: ,,~t,..~a.r-.5 ~-. ~ ~. ,.~ CASE ~ER =. L~ ~ I t~'.:~-%?; "~-' ..... ~ ., ,he :-;c d COUrt./ / . I_ ~is ~a~C''", o* ~c h~r~ ~aa, scd in ~c premises .d have, ju*sdicfion of ~. sub, ct - ~<~ ........... -_ ~ ~ ,~ t~ 4-~ 47 o~-~ ,~.~: DuPage ARomey No.: ~ - o oD E~R: ~" ARomey for: ~~ ~ ~ Address:City/State/Zip: &33~- ~o, ~~' ~ &~o~ ~o D~NTEREO . · ~l~g~ ~' JAN 0 9 20~ ,~ .~ ..... ~ c~ Telephone: ~IZ- 2~- ~ ~ ~0NNtE U. WHEATo~, JUDGE DEP~ CO~'RTR~ ' 2OEL ~ ~GANN~ CLE~ OF THE lgTR ~D]C~L CIRCUIT COURT ~ WBEATON, ~L~OIS 60189-0707 ORDER ~, 2116-N (Rev. 9/99) STATE OF ILLINOIS UNITED STATES OF AMERICA COUNTY OF DU PAGE IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT File Stamp Here ORDER This matter coming on to be heard, the Court being fully .advised in ~¢ prem~ises and having jurisdiction of' the subject matter, IT IS ORDERED HEREBY:, . Name: DuPagc Attorney No.: ENTER: Attorney for: Address: DATE: City/State/Zip: Telephone: JOEL A. KAGANN, CLERK OF THE 18TH JUDICIAL CIRCUIT COURT © WHEATON, ILLINOIS 60189-0707 ORDER 2116-N (Rev. 9/991 UNITED STATE8 OF AMERICA STATE OF ILLINOIS COUNTY OF DU PAGE IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT Filc Stamp Here This matter coming on to be heard, the Court b¢in8 fully advised in the premises and havin8 jurisdiction ofth~ ~ubj~t matter, IT IS ORDERED HEREBY: . I · AaaressL~ u/~ r..: . City/S.t~Z~p: - '- -- JAN 0 8 2003 _~r~ coo Telephone: - - BONNIE M. WHF. ATON .- ' '~UDGE JOEL A. KAGANN, CLERK OF THE 18TH JUDICIAL CIRCUIT COURT WHEATON, ILLINOIS 60189-0707 ORDER 2116-N (Rev. 9/99} UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF DU PAGE IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT .vs- ~,..p ~,~, :z: O~ER ~is ~Uer ~min8 on to be h~rd, ~e Cou~ ~in8 ~l{y. ad~sed in ~e Premis~ ~d hms ju~ction of~ subj~ . E~R: DuPage A~omey No.: A.om~ for: ~~/~ ~~; f~ Addross:.~~. ~~ ~. D~: City/Smt~Zi~ Telephone: JOEL A. KAGANN, CLERK OF THE ]STH JUDICIAL CIRCUIT COURT WHEATON, ILLINOIS 60189-0707 · ORDER 2116-N (Rev. 9/99) UNITED STATES OF AMERICA STATE OF ILLINOIS COUNTY OF DU PAGE IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT File St~mp Thi~ matter comin8 on to be heard, the Court b¢in8 fully advised in the premises and having juri~liction of thc ~ubje~t Attorney for: ~'~-~' EN.ff.~.~)- JUICE CitylStateffZip: ~ J,~N 0 ? ~003 ~F.?X.T~3.~.~ ~u~a~' T~¢p~one: ~~~.~~ ~O~~tE ,~. ~t~£.4rO~, JU~O~. JOEL A. KAGANN, CLERK OF THE ]8TH JUDICIAL CIRCUIT COURT WHEATON, ILLINOIS 60189-0707 ORDER 2116-N (Rev. 9/991 UNITED STATE8 OF AMERICA STATE OF ILLINOIS COUNTY OF DU PAGE IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT -~ ~ ' CASE ~ER -vs. ~"'~ ' ~ ~ ~ ORDER This ~a~er mining on to be h~rd, ~e Court ~ing ~lly ~vi~ed in ~e premis~ ~d hamg jud~diction of~e ~ubj~ct ma~er, IT IS O~E~D HEREBY: / - . . ~ ~ ~. I ~E A~omey for: ~~~ ~~ ,,,~ ~C,~,~ . Address:.~= ~ ~~ ~ ~ D~: ~0~.R, .~ C~ City/Smt~Zip:~]~ ~- ~ 9~V~ Telephone: ~/~.~ffT. ff~ ,, JOEL A. KAGANN, CLERK OF THE 18TH JUDICIAL Ci]~CUIT COURT WHEATON, ILLINOIS 60189-0707 ATTORNEY NO. 5755 ~;.~, ~/;~. 3199 cb STATE OF ILLINOIS ) <¥.,:_? ..~ :; ... COUNTY 0F DU PAGE ) ;~-~-:~:'~ IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIA~ CIRCUIT ~ DU PAGE COUNt, ILLINOIS IN RE: ) ) MILDRED J. GERBER, ) No. 2002 MR 973 a Disabled Adult ) NOTICE OF MOTION TO: Robert K. Neiman, Esq. Matthew Murer, Esq. Sachnoff & Weaver, Ltd. Schiff, Hardin & Waite 30 So. Wacker Drive, 29th Fir 233 So. Wacker Drive, So6600 Chicago, IL 60606 Chicago, IL 60606 PLEASE TAKE NOTICE that on December 20, 2002 at 9:00 A.M., or as soon thereafter as counsel may be heard, I shall appear before the Honorable Bonnie Wheaton, or any judge sitting in her stead, in the courtroom usually occupied by her in Room 2007 of the DuPage County Courthouse in Wheaton, Illinois, and shall then and there present the attached Motion to Vacate, due notice having been given. John M. O'Halloran Attorney for Marilyn Jo Gerber COLEMAN, O'HALLORAN & WYNN, LLC 111 West Washington St., Ste. 802 Chicago, IL 60602 312/419-8818 On December 17, 2002, I, C. S. Brown, e non-attorney, being first duly sworn on oath, depose and state that I served this Notice by hand delivering a copy to each per~n to w/~o~ IX] Under penalties es provided by law pursuant to 735 Illinois Compiled Statutes 511-109 (1993), I certify that the statements set forth herein are true and correct. ATTORNEY NO. 5755 q, ~? ~ ~ 3199 cb STATE OF ILLINOIS ) "-'~ COUNTY OF DU PAGE ) .:,~;-~...~=~:: .'~::.::. ~ ~.~ IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIA~RC~IT DU PAGE COUNTY, ILLINOIS IN RE: ) MILDRED J. GERBER, ) No. 2002 MR 973. a Disabled Adult ) MOTION TO VACATE NOW COMES MARILYN JO GERBER, by and through her attorneys, COLEMAN, O'HALLORAN & WYNN, LLC, and moves this Court to vacate the Order of October 29, 2002 and in support thereof states as follows: 1. That on October 29, 2002, a Motion was brought before Judge Edward Duncan, in the absence of Judge Bonnie Wheaton, as an emergency without Notice to John M. O'Halloran, counsel of record for Marilyn Gerber. There was no emergency. 2. That the subject matter of the Motion and the relief sought therein had already been presented to the Pennsy~ania Court. Counsel for Frederick Gerber and Sunrise Assisted Living of Glen Ellyn did not include Frederick Gerber's Motion to suspend Marilyn Gerber's visitation rights filed and presented in the Pennsylvania Coup. This Motion was denied on July 29, 2002. 2 3. That the Motion presented to the Court on October 29, 2002 is barred by the doctrine of res judicata and, therefore, the Order of October 29, 2002 must be vacated. 4. That on March 25, 2002 the Court in Pennsylvania ruled "... that the personal guardian of Mildred Gerber shall allow Marilyn Gerber to visit with her mother for four {4) continuous hours each week when Marilyn Gerber can arrange to be where her mother is located." That on July 29, 2002 the Pennsylvania Court denied Frederick Gerber's Motion to Suspend Marilyn Gerber's visitation of her mother. That Frederick Gerber has systematically and purposely subverted Marilyn Gerber's right to visit her mother. He has placed unreasonable limitations, demands and restrictions upon Marilyn Gerber in her trying to make arrangements to visit her mother as well as during the actual visitation. He has instructed care givers to interfere with Marilyn Gerber's visitation rights of her mother, including calling the police against her. That Frederick Gerber and Sunrise Assisted Living of Glen Ellyn's actions have prevented Marilyn Gerber from visiting her mother since October 16, 2002 and has caused her to incur attorney's fees and costs in order to enforce her visitation rights. That Frederick Gerber comes to this Court with 'unclean hands" and, therefore, is not entitled to any relief from it. 5. That a Memorandum in Support of this Motion is attached hereto and incorporated herein. WHEREFORE, Petitioner, MARILYN JO GERBER, respectfully requests this Cour~ to vacate the Order of October 29, 2002, let stand its Order of October 11, 2002 3 allowing her visitation of her mother without interference, and for her costs and attorney's fees incurred herein. MARILYN JO GERBER John M. O'Halloran, her Attorney COLEMAN, O'HALLORAN & WYNN, LLC 111 West Washington Street Suite 802 Chicago, IL 60602 312-419-8818 312-419-8824 - FAX °3- ATTORNEY NO. 575b P3199 cb STATE OF ILLINOIS ) ! SS COUNTY OF DU PAGE ) IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT DU PAGE COUNTY, ILLINOIS IN RE: ) MILDRED J. GERBER, ) No. 2002 MR 973 a Disabled Adult ) MEMORANDUM IN SUPPORT OF MOTION TO VACATE NOW COMES MARILYN JO GERBER, by and through her attorneys, COLEMAN, O'HALLORAN & WYNN, LLC, and as and for her Memorandum in Support of her Motion to Vacate the Court's Order of October 29, 2002, states as follows: I. BACKGROUND INFORMATION Mildred Gerber ("Mildredn), born on November 9, 1914 (currently 88 years old), was'first diagnosed with senile onset dementia, probably a mixture of vascular and Alzheimer's type in March of 2001. In October, 2001, Robert J. Cadieux, M.D., board certified in geriatric psychiatry, re-examined Mildred, confirmed the diagnosis and found her cognitive impairment to be severe, in continuing decline with a prognosis for a progressive decline. Mildred was taking medications for depression and to slow her dementia. (October 29, 2002 Emergency Motion, Ex. B, page 2 of Opinion and Order of Court dated December 21, 2001). 5 By reason of the disease, Mildred was adjudged incompetent by Judge Bayley of the Common Pleas Orphans' Court of Cumberland County, Pennsylvania. To date, Judge Bayley has made all the decisions related to Mildred's incompetency. Frederick J. Gerber ("Frederick"), Mildred's son, was chosen by Judge Bayley to be Mildred's guardian on December 21, 2001. A copy of this Order is attached hereto as Exhibit A. Frederick's guardianship was vigorously contested before he was chosen, and it continues to be contested today. The Order appointing Frederick as guardian is currently on appeal before the Pennsylvania Superior Court under " Docket No. 702 MDA 2002. Marilyn Gerber ("Marilyn"), is a daughter of Mildred who contested the appointment of Frederick as Guardian. Marilyn is a nurse licensed in six states with 17 years experience in critical care, geriatric nursing and home health nursing. On December 19, 2001, Marilyn petitioned for access to her mother. At the time, Marilyn lived in the same town as her mother, but was last able to see her on January 14, 2000. Frederick testified he would allow Marilyn to visit her mother, but that Mildred did not want to see Marilyn. Judge Bayley did not rule on this issue in his December 21, 2001 Guardianship Order, but reserved determination for a later date. Sometime between December 21, 2001 and January, 2002, Mildred went on vacation to Chicago. Frederick decided that Mildred should live in Lombard, Illinois with her daughter Jane and Mildred has never returned to her Pennsylvania home. After full briefing and contested hearings, the Orphans' Court entered a March 25, 2002 Visitation Order ("March Order") requiring Frederick to allow his sister 6 t Marilyn access visits with her mother Mildred. The March Order is attached hereto I as Exhibit B. The Order arranged for the visits to be four continuous hours each week when Marilyn could arrange to be where her mother was located. Judge Bayley I recognized the difficulty Marilyn would have in visiting her mother and therefore I allowed Marilyn to schedule the visits according to her schedule. Marilyn's visitation I rights with her mother were greatly contested before she was allowed visitation in the March 25, 2002 Order and they have continued to be contested to the present time. I Frederick took advantage of his role as Mildred's Guardian and imposed and Icreated many rules and restrictions on Marilyn's visits. Frederick only allowed visits when he felt they could fit into Mildred's schedule and ignored Judge Bayley's Order I allowing for visits according to Marilyn's schedule. Frederick required 30 days notice I of Marilyn's proposed visits and waited until the last minute to give his approval. Once the visits were granted, he moved Mildred Gerber from her familiar environment I often times to a hotel and hired a third party to supervise the visits. I On July 24, 2002, Frederick filed a Motion for the Temporary Suspension of iAccess Visits ("July Motion") with the Pennsylvania Court. The July Motion is attached hereto as Exhibit C. This Motion was not presented to this Court on October 29, 2002. The relief sought in the July Motion was a six to eight week I suspension of Marilyn's visits until further evaluation by Dr. Pauline Wiener. In the July Motion, Frederick stated that his mother's health was deteriorating as a result I of Marilyn's visits. He explained that Mildred was losing weight, not eating, I experiencing sleeplessness and that her doctor, Dr. Pauline Wiener was very I -3- I concerned about Mildred's health. The Pennsylvania Court entered an Order on July 29, 2002 ("July Order"), denying Frederick's Motion for a Temporary Suspension of Access Visits. A full and legible copy of the July Order is attached hereto as Exhibit After the July Order was entered, Frederick continued to impose restrictions and conditions on Marilyn's visits. In September, Mildred was moved to Sunrise Assisted Living of Glen Ellyn (uSunrise"). Personnel at Sunrise were given instructions by Frederick to have the visits supervised, one time removing Mildred to a hotel for her visit, and limiting the days and times of the visit. As a result of the restrictions and impediments imposed on the visits with her mother, Marilyn was forced to hire an attorney in Illinois. Marilyn's attorney, John O'Halloran, forwarded a copy of the March Order to Sunrise in Glen Ellyn, as well as their corporate headquarters in Virginia on September 16, 2002. John O'Halloran had a telephone conversation with Augustin Kim, an attorney at Sunrise's headquarters in Virginia, who advised him that Sunrise has received certain instructions from the Guardian with regard to Marilyn's visits. Attorney Kim further advised John O'Halloran that Sunrise was following the instructions of the Guardian and that their position was that the March Order did not apply to them. Attorney Kim told John O'Halloran that Sunrise would abide by any Court Order entered by this Court. (See Affidavit of John O'Halloran attached to the October 11, 2002 Motion, which Motion is attached hereto as Exhibit E). 8 Marilyn registered the March Order with this Court on September 19, 2002. Frederick and Sunrise continued to interfere with Marilyn's visits even calling the Glen Ellyn Police to remove her from the premises and charge her with trespass. On October 11, 2002 Marilyn filed an Emergency Motion to enforce the March Order which was now registered With this Court. Notice was given to Sunrise on October 10, 2002. On October 11, 2002, this Court ordered that Sunrise allow Marilyn four continuous hours each week of unrestricted visitation with her mother. After the October 11, 2002 Order was entered, Marilyn saw her mother on October 16, 2002 without incident. On October 29, 2002, Frederick and Sunrise filed their Emergency Motion, without notice to Marilyn or her attorneys. This Court entered an Order ex parte, which modified the Pennsylvania Visitation Order of March 25, 2002. On October 30, 2002, Marilyn was scheduled to visit her mother. It was not until Marilyn got off the plane in Chicago that she was made aware of this Court's Order ceasing visitation. II. THE OCTOBER 29. 2002 MOTION WAS NOT AN EMERGENCY: The October 29, 2002 Emergency Motion filed by Frederick and Sunrise was not an Emergency. This Motion presents the same concerns and asks for the same relief as Frederick did in the July Motion, which was before the Pennsylvania Court. The Pennsylvania Court denied Frederick's Motion and Frederick chose not to appeal it. Counsel for Frederick and Sunrise are presumed to have been aware of the July Motion and certainly were aware of the July 29, 2002 Order which denied it. Additionally, Frederick and Sunrise labeled their October Motion an emergency and provided John O'Halloran no notice when they started preparing the October Motion over a month prior to filing it. Rule 6.08 of the Rules of the Circuit Court, 18th Circuit, requires an affidavit from counsel stating what attempts have been made to notify opposing counsel of the request for emergency relief. No notice was given, no attempt was made, and the affidavits of counsel fail to address any attempt to give notice. Illinois courts have held that "injunctive relief without notice is an extraordinary remedy appropriate only under the most extreme and urgent circumstances," /Vegal v. Dennen & Company, 272 Ill.App.3d 516, 551; 650 N.E.2d 547; 208 III.Dec. 853 (1995)(quoting Hirschauer v. Chicago Sun-Times, 192 III.App.3d 193, 201; 139 III.Dec. 245; 548 N.E.2d 396 (1989)). In examining their October Motion, several of the exhibits had been faxed to counsel for both Frederick and Sunrise long before they filed their October Motion. Exhibit D, the July Order from Rupp & Meikle, Frederick's Pennsylvania attorneys, was faxed on September 16, 2002 and then refaxed from Schiff, Hardin & Waite, Sunrise's Illinois attorneys, on September 27, 2002 (over a month prior to filing their Motion). Exhibit H, Dr. Pauline Wiener's letter to this Court, is dated October 15, 2002 (two weeks prior to filing the October Motion). Exhibit F, Robert Shaw's affidavit, was faxed on October 18, 2002 and signed on October 22, 2002 (Eleven days prior to filing their Motion). In Nagel, the Court found "that the written motion Wiener's attached reports of June 13, 2002 and July 18, 2002, are almost identical to her October 15, 2002 report. By omitting the July Motion, Judge Duncan was deprived of an essential factor in this controversy. The July Motion is almost identical to the October Motion, which the Pennsylvania Court has already denied. IV. RES JUDICATA~ Counsel purposely omitted the underlying Motion which resulted in the July Order. The July Motion alleges the same facts, prays for the same relief, and is between the same parties or their privies as the October Motion. The July Motion is almost identical to the October Motion and the Pennsylvania Court has already ruled on it. Under'the doctrine of resjudicata, the July proceedings are a complete bar to the October proceedings. The United States Constitution states that Full Faith and Credit should be given in every State to the acts, records and proceedings of its sister states, see U.S. Const., art. IV, § 1. The Supreme Court of Illinois explains: "This clause requires Illinois courts to give the judgment of a sister state at least the res judicata effect that the sister state rendering the judgment would give to it," Chapman v. Kitzman, 193 111.2d 560, 565; 739 N.E.2d 1263, 1268; 51 II1. Dec. 141 (2000). Therefore, we must determine the resjudicata effect Pennsylvania would have given the July Order. The Supreme Court of Pennsylvania has said: l0 itself belies the argument that an emergency existed... Thus in view of an alleged 'emergency,' it took defendant 18 days to present the 'emergency' motion in court. Under the facts and circumstances of the case at bar, there was no emergency and the trial court should not have proceeded in the absence of due notice to plaintiff pursuant to Rule 2.1 of the circuit court," IVagel, 272 III.App.3d at 552~ In light of the fact that Frederick and Sunrise predicated their October Motion on the same circumstances as the July Motion andthe fact that Frederick and Sunrise began preparing the October Motion at least a month ~prior to filing it, it is self evident that the October Motion was not an emergency. III. THE RECORD WAS INACCURATE AND INCOMPLETE In their October 29, 2002 Emergency Motion to Modify Visitation, Frederick and Sunrise state: "On July 29, 2002, the Pennsylvania Court denied Frederick's motion for temporary suspension of Marilyn's visits with Mildred.' IOctober Motion, page 2, par. 3). This order was attached as Exhibit D to the Emergency Motion, and is attached hereto as Exhibit D. The July Order was never mentioned again in their Emergency Motion. Frederick's July Motion for the Temporary Suspension of Access Visits was not attached to the Emergency Mution. Therefore this Court was not presented with a full and complete record. This is a 23 page document which sought the same relief and which was supported by detailed information of Marilyn's "supervised" visits. This Motion cites exactly the same concerns as the October Emergency Motion. Dr. Res judicata, or claim preclusion, is a doctrine by which a former adjudication bars a later action on all or part of the claim which was the subject of the first action. Any final, valid judgment on the merits by a court of competent jurisdiction precludes any future suit between the parties or their privies on the same cause of action. Res judicata applies not only to claims actually litigated, but also to claims which could have been litigated during the first proceeding if they were part of the same cause of action, R/S Financial Corporation v. Kovalchick, 552 Pa. 584, 588; 716 A.2d 1228, 1230 (1998). The July Motion was denied by the Pennsylvania Court and Frederick had the opportunity but chose not to appeal the July Order. The Order was a final, valid judgment on the merits by a court of competent jurisdiction, and therefore precludes any future suit between the parties or their privies on the same cause of action. The July Order bars the claims litigated and also the claims which could have been litigated during the first proceeding. Since the October Motion alleges the same facts, prays for the same relief, and is between the same parties or their privies as the July Motion, it is barred by resjudicata. The relief sought in the July Motion is the same relief sought in the October Motion, i.e. a suspension of Marilyn's visits with her mother, Mildred Gerber. Similarly, the relief in both the July and October Motions is based on the same facts and allegations: (1) Mildred Was living in Illinois (In July, Mildred was living with a daughter in Lombard, II. and in October Mildred was living at Sunrise;) (2) Marilyn's visits with Mildred were creating a decline in Mildred's mental and physical health. (3) Marilyn's visits were causing Mildred sleeplessness, agitation, depression, anxiety, a need for tranquilizers, weight loss, etc. Additionally, Frederick included as exhibits in his July Motion: (1) A letter from Joan Jackson stating '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 with no choices. Mrs. Gerber has been diagnosed with Alzheimer's, is sometimes confused and forgetful but she has many moments of clarity and has been able to express her feelings, and, hopefully, will be heard"; (2) A June 13, 2002 letter from Dr. Pauline Wiener stating: "Although I agree that [Mildred's] degree of~ cognitive impairment makes her incompetent to make decisions for herself involving health care and financial matters, she retains a substantially sufficient cognitive presence to experience emotions and suffer psychological pain when placed in situations which would be disturbing... It is my opinion that her visits with her daughter, Marilyn, generate a severe degree of emotional pain and exacerbation of her anxiety and depression"; (3) A July 18, 2002 letter from Dr. Pauline Wiener stating: UMs. 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'; and (4) A June 16, 2002 note from Mildred indicating her need for rest after visiting with Marilyn, note this exact note is included in October Motion, Exhibit L. After considering all of the information in the exhibits to the July Motion, the Pennsylvania Court denied Frederick's motion. In the October Motion, Frederick and Sunrise state =The Pennsylvania Court's Order of March 25, 2002 Order did not address the issue of whether any caregivers or others should supervise Marilyn's visits... The Pennsylvania Court's March 25, 2002 opinion noted, however, that the Court was, 'at this point' satisfied that the visitation could be conducted 'in a manner that is not to the best interest of contrary Mildred Gerber.'" (page 2, par 3). This Order was entered after conducting hearings over a span of several months. The Court did not require supervision. In July, 2002, when the visitation issue was again addressed by the Pennsylvania Court, Frederick never asked for supervision, nor did the Court order any supervision. The Pennsylvania Court's Order of March 25, 2002 did not address the issue of whether any caregivers or others should supervise Marilyn's visits, but such an issue is barred by resjudJcata because it is an issue that could have been pled in the prior proceeding. R/S Financial Corporation v. Kovalchick, 552 Pa. 584, 588; 716 A.2d 1228, 1230 (1998). Judge Bayley was not vague or ambiguous in his Order, and he did impose restrictions on both Marilyn and Frederick. For Marilyn he imposed two restrictions: (1) the visits were limited to a four hour period; and (2) the visits were limited to once a week. He imposed on Frederick: (1) the duty to allow Marilyn to visit with her mother; and (2) the duty to allow these visits when Ma,ilyn Gerber can arrange to be where her mother is located. (Exhibit B). While Frederick and Sunrise argue that the terms of visitation need to be clarified, the March 25, 2002 Order is succinct, clear and unambiguous. Frederick had another opportunity to seek supervision in his July Motion. By not doing so, it is waived. Frederick and Sunrise are also correct that Judge Bayley noted in the Visitation Order that "at that point", he was satisfied that the visitation could be conducted in a manner that was not contrary to the best interest of Mildred Gerber. They are incorrect, however, in insinuating that "that point" has passed and Mildred's best interest has changed. The best interests of Mildred were again considered in July, 2002. The Court demonstrated in its July Order that it was still satisfied with its -11- Visitation Order when it denied Frederick's July Motion. Judge Bayley appreciated all of the emotions, circumstances, controversies, family conflicts and history when he entered his Orders of March 25, 2002 and July 29, 2002. This is the same judge that appointed Frederick as Mildred's guardian. He was even aware of the documents included "Exhibits I-L" of Frederick's and Sunrise's October and events improperly as Motion. Judge Bayley demonstrated this understanding in his July Order: The guardian, Frederick E. Gerber, III, who is responsible to provide Marilyn Gerber the visitation with her mother under the order of March 25, 2002, and the two sisters, should take note of the Sanders & Warren report of July 18, 2002: 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 might be helpful if there were breaks, quiet down time for Mrs. Gerber during the visits. The most upsetting element of the visits is the tension between the two sisters. The sisters should refrain from talking to one another or need to be better at their tone of voice and their modulating controlling frustrations. It is a documented fact that people with Alzheimer's Disease recognize emotional tones and cues far longer than they remember language or facts. They will react to very subtle emotions even if they do not understand the complete context of the conversation. (Emphasis added). When the order of visitation was entered it was obvious that the family members involved, including Marilyn Gerber, would make it difficult, that the last person they would put at the top to their priority was their mother, and their mother would suffer some distress as a result. Thus, the visitation is limited. The order stands. The information contained in the October Motion was not new information. Circumstances had not changed. "Any final, valid judgment on the merits by a court of competent jurisdiction precludes any future suit between the parties or their privies on.the same cause of action. Res judicata applies not only to claims actually litigated, but also to claims which could have been litigated during the first proceeding if they were part of the same cause of action," R/S Financial Corporation v. Kovalchick, 552 Pa. 584, 588; 716 A.2d 1228, 1230 (1998). Frederick could have appealed the July Order to the Superior Court of Pennsylvania, but he chose not to. The July Order is a final, valid judgment on the merits by the Orphans' Court of Pennsylvania, a court of competent personal and subject matter jurisdiction, and precludes any future suit between the parties, Frederick and Marilyn, or their privies (Sunrise) on the same cause of action. As such, the October Order modifying visitation is barred by resjudicata. "The purpose of resjudicata is to protect a party from the burden of having to relitigate 'an issue with the same party or his privy and the promotion of judicial economy through prevention of needless litigation,'" R/S Financial at 588, citing Foster v. The Mutual Fire, Marine and/n/and Insurance Company, 544 Pa. 387, 404; 676 A.2d 652, 661 (1996)(quoting Clark v. Troutman, 509 Pa. 336, 340; 502 A.2d 137, 139 (1985)). Marilyn is protected from the burden of having to relitigate the same issues in Frederick's and Sunrise's October Motion as the July Motion. Frederick cannot bring case after case into the courts claiming changed circumstances when the only things that change are his mother's residence, the people he advises to do What he cannot do under the March 25, 2002 Order, and new affidavits by new people that antagonize and provoke Marilyn at the instruction of her brother. V. UNCLEAN HANDS Frederick and Sunrise repeatedly cite throughout their October Motion, Marilyn's behavior and its negative impact on her m(~ther. They do not, however, cite the most aggravating behavior of all, their own. What is most disturbing about the behavior of both Frederick and Sunrise is their obvious disregard for a Court Order. They come to this Court, expressing concern over Marilyn's behavior after they have provoked her, antagonized her and set up very disturbing environments for Mildred that, even in the absence of Marilyn's visits, would leave Mildred distressed and anxious. Physically removing an Alzheimer's patient from her safe environment and confining her to a hotel room or vehicle for four hours is very confusing and frightening. Compounding this is the fact that strangers are brought into monitor visits. These strangers necessarily promote tension and invite confrontation with Marilyn. Even Judge Bayley understood the intricacies of the disease in his July Order: It is a documented fact that people with Alzheimer's Disease recognize emotional tones and cues far longer than they remember language or facts. They will react to very subtle emotions even if they do not understand the complete context of the conversation. Frederick has taken advantage of Mildred's vulnerable condition by creating an emotionally laden environment that would be distressing to any Dementia/Alzheimer's patient, and then using it against Marilyn. It is difficult enough for Marilyn to be limited in her visitations, to be so far away from her mother, and to see her mother -14- suffering from Dementia/Alzheimer's. In addition, Marilyn (1} has to take time off from work; (2) loses pay when she takes off from work; (3) has to ask Frederick for permission to see her mother; {4) often has to wait until the last minute to see if Frederick will grant her request; (5) has to come up with the money for plane tickets, which are often very expensive because of Frederick's late notice; (6) sometimes has to cancel her visits to see her mother because Frederick has declined her request after purchasing nonrefundable tickets; (7) never knows, even when she gets off the plane in Illinois, if she will really get to see her mother; (8) has to drive to the suburbs from Chicago in a rental car, another expense she has to bear; (9) when and if she is allowed to finally see her mother, is greeted by people who make her visits with her mother very difficult; (10) never gets time alone with her mother, because her brother insists her visits be supervised; (11) her visits are often interrupted; and (12) has to return her rental car and fly home the same day she arrives because she has to be back for work. The restrictions and manner of Marilyn's visits were not ordered by Judge Bayley, they were created by Frederick. While living at Jane's house, Frederick's restrictions on Marilyn's visits were executed by Jane and/or aides hired by Frederick (including Joan Jackson). A copy of Frederick's rules following the March Order and prior to the July Order are attached hereto as Exhibit F. Marilyn was only allowed to visit Mildred on Mondays, Wednesdays and Fridays between the hours of 10:00 a.m. to 2:00 p.m. despite her requests for visits between 1:00 p.m. and 5:00 p.m. Even following the July Order, Frederick continued to implement his rules. Frederick requires Marilyn to request visits, too far in advance of her work schedule, so that he may "check and verify mother's schedule, including whether or not she has an doctor appointments or any other appointments or visiting with family who live in Lombard, IL." (See the September letter attached hereto as Exhibit G). It was Sunrise's position that the Pennsylvania Court Orders were not applicable to it. Attorney John O'Halloran contacted Sunrise's Attorney, Augustin Klm, in Virginia, where Sunrise is headquartered, to inform Attorney Klm of the Pennsylvania Order of March 25, 2002. Attorney Klm advised Attorney O'Halloran that Sunrise was following the instructions of Frederick, because, he expla|ned, the Court Order did not apply to them. He also advised that he would certainly abide by any Order entered by this Court. (See Affidavit of John O'Halloran attached to October 11, 2002 Motion). On October 29, 2002 Frederick and Sunrise filed their "Emergency Motion= without giving notice to Marilyn's counsel. This was a Motion that had taken weeks to prepare. The October 29, 2002 Order was hand delivered to John O'Halloran on October 29, 2002. John O'Halloran was counsel of record for Marilyn Gerber, was located within easy access to Frederick and Sunrise counsel's office, and there was absolutely no reason, legal or otherwise, to not provide him notice. Compounding this situation is the fact that there was no emergency. Unclean hands is a well established doctrine recognized in our Illinois courts of equity. The equitable doctrine of unclean hands does not allow a party seeking equitable relief to take advantage of his own wrong, itlorthern Trust Co. v. VIii South Michigan,4ssociates, 276 liI.App.3d 355, 368; 657 N.E.2d 1095, 1105; 21 III.Dec. 750 (1995). Under the circumstances of this case, Frederick and Sunrise come before this Court with unclean hands because they: (1) Presented a motion ex parte and without notice when they knew who was counsel of record, had taken weeks to prepare it, and there was no emergency; (2) Failed to include material and essential information to this Court, i.e., Frederick's July, 2002 Motion which was denied by the Pennsylvania Court; (3) Attached selected and prejudicial exhibits to its October 29, 2002 Motion, which information had already been considered by the Pennsylvania Court; (4)Created numerous and unreasonable impediments to Marilyn's visits when they knew that it would be upsetting and frustrating to Marilyn; (5) Created environments for Marilyn's visits which in and of themselves cause distress and stress for Mildred, and then blaming Marilyn for being the cause of the distress and stress; and (6) Presented a motion to this Court seeking relief on issues which they knew had already been ruled upon and decided by another court and to which the doctrine of resjudicata was applicable. -17- 21 I Marilyn is the only party who has complied with the March 25, 2002 Order. She has not only compiled, but complied, in protest, with Frederick's and Sunrise's I r estrictions, which were violations of the March 25, 2002 Order. There was not an I Emergency, as alleged by Frederick and Sunrise, as all circumstances were the same ithe last time Frederick sought this relief. Frederick and Sunrise have done everything in and outside of their powers to keep Marilyn from visiting her mother. As a result I of the Emergency Motion filed by Frederick and Sunrise, Marilyn has not been able I to see her mother since October 16, 2002. Not only was the Motion not an emergency, but Frederick and Sunrise intentionally misled this court by (1) omitting I the Frederick's July 24, 2002 Motion, which would have barred their action, and (2) I. by including in their Motion the documents they labeled as Exhibits I-L, which had absolutely no business being in the record. The only purpose the documents in t, Exhibit I-L had was to cause this Court to believe there was an emergency situation I and to embarrass and to harass Marilyn. Frederick and Sunrise utilize the legal I . system in order to harass, frustrate and discourage Marilyn in her visits with her mother. I After this Court entered the October 11, 2002 Order, Sunrise kept its contact with Marilyn in her October 16, 2002 visit to a minimum. This visit was uneventful, i peaceful, and without incident. The observations of Michelle Herold as to Mildred's reactions to Marilyn are self-serving. The description of Mildred's behavior is normal I for any dementia/Alzheimer's patient. Nothing was presented to this Court to infer I! 22 I that Mildred was endangered, upset, distressed or otherwise adversely affected by I Marilyn's visit. This clearly demonstrates that Marilyn will have loving, peaceful visits with her mother if there is no interference. WHEREFORE, Petitioner, MARILYN JO GERBER, respectfully requests this Court I to vacate the Order of October 29, 2002, let stand its Order of October 11, 2002 I showing her visitation of her mother without interference, and for her costs and attorney's fees incurred herein. ! MARILYN JO GERBER ! .John M. O'Halloran, her ~ttorne¥ i. COLEMAN, O'HALLORAN & WYNN, LLC 111 West Washington Street Suite 802 iChicago, IL 60602 312-419-8818 312~419-8824 - FAX II I 1 ! I I I i I I I I ! I I i I I I 24 IN RE: APPOINTMENT OF A ' IN THE COURT OF COMMON PLEAS OF I GUARDIAN OF THE PERSON OF · CUMBERLAND COUNTY, PENNSYLVANIA MILDRED J. GERBER ' i · 21-01-92 ORPHANS' COURT IN RE.' 'PETITION FOR THE APPOINTMENT OF A GUARDIAN ' ..... OF THE'P~R'SON'OF MilDRED 'J. GERBER ..... I ' BEFORE BAYLEY.J. t QI~.DER OF COURT AND NOW, this ~..t.~..JL. day of December,. 2001: i (1) Frederick E. Gerber, II, is appointed plenary guardian of the person of ' I Mildred J. Gerber. (2) A hearing on the petition of Marilyn Gerber for access to her mother shall be I ' conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, t Pennsylvania, at 2:30 p.m., Monday January 28, 2002. The guardian of the person i "shall I~ave Mildred J. Ge[her present for.the taking of her testimony: Edgar B. Ba I~y, J A TRUE COPY FROM RECORD In ~Te$limony wherof~ I hereunto set. my hand and the sead of s~ld. Court at Cadi~e, PA I I I i i I I I I I I I I I I I i I I IN ' "' I RE:. APPOINTMENT OF A : IN THE COURT OF COMMON PLEAS OF I GUARDIAN OF THE PERSON OF : CUMBERLAND COUNTY, PENNSYLVANIA MILDRED J. GERBER : . . . . : NO. 21-01-92 ORPHANS' COURT ' 't ORDER OF COURT ~1 AND NOW, this __ ~ day of March, 2002, following a hearing in ' which the testimony of Mildred Gerber was.taken pursuant to an order of this court of I December 21, 2001, it is ordered that the personal guardian of Mildred Gerber shall I allow Marilyn Gerber to .visit with her mother for four continuous hours each week when Marilyn Gerber can arrange to be where her mother is located.~ - ~,i'" ~ '-' '~ ,~ I ~Richard ~ Rupl~jEsquire ' -- For Frederick E~ Gerber, II I Jacqueline M. Verney, Esquire A TRUE COPY FROM RECORD For Mildred J. Gerber 'In Te~timony wherof. I hereunto set my hand and the seal I Stanley J.A. Laskowski, Es~,uire _.of~sa~l Courter. Carlisle, PA ~ I n~___..day of ForMarl,y, J. Gerber ~~1~.~~' ~ ~. i :sea ' _ ~ . I I Having apPointed a personal and estate guardian for Mildred Gerber, wc arc satisfied, at this in that ....... ducted m a manner that ~s not contrary to the best interest of I I I I I I I . I I I I I I I I I 1 I I I 28 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANiA ORPHANS' COURT DIVISION IN RE: : No. 21-01-92 ~,~ APPOINTMENT OF A GUARDIAN : .= ..-,, OF THE PERSON OF MILDRED J. GERBER, : c-. ~?' :~. d d an alJege incapacitate person : --~ MOTION FQR TEMPORARY SUSPENSION., , .'. .OF ACCESS VISITS WITH INCAPACITATED PER$OJ"_ ~ '" 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 a. ttorneys, Richard C.' Rupp, Herbert G. Rupp, Jr., ond 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 Heflln, 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 1707'0. 2 I 3. On March 25, 2002, the Court ordered that the Guardian allow access I visits between the incapaCitated person, Mildred J. Gerber, and her I daughter, Marilyn J. Gerber. A copy of the Court's Order is attached hereto and incorporated herein by reference as Exhibit "A". I I 4. Access visits have occurred since the entry of the Order between the I incapacitated person, Mildred J. Gerber, and the daughter, Marilyn J.~ Gerber. I I 5. The Guardian observed that the access visits have adversely affected the Incapacitated Person's health and mental state, including agitation, I restlessness and sleeplessness. I 6. An access visit occurred on July 5, 2002 and was observed by an I employee of Sanders & Warren, which is a geriatric care management I firm from Glen Ellyn, IllinoiS. I I 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 t the July 5, 2002 access visit. This repOrt included observations that i . Mildred J. Gerber, the Incapacitated Person, became agitated and upset during the July 5, 2002 access visit due to Marilyn J.Gerber's conduct I I I and displayed her agitation or anger at various times. ' I I 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 I report is attached hereto and incorporated herein by reference as I Exhibit "B". I 9. Joan Jackson, also of Sanders & warren, geriatric care management, I was present at various other access visits and wrote a report dated May I 7, 2002, which Stated Mildred J. Gerber's being upset with Marilyn J. I Gerber and being agitated during the access visits. ^ copy of said report Js attached hereto and incorporated herein by reference as I Exhibit "C". I 10.. The Guardian, concerned about Mildred J. Gerber's health I deteriorating, arranged for Dr.. Pauline Wiener, Geriatric Psychiat~-ist, I who has been caring for Mildred Gerber, to examine her. On June I 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, I generate a severe degree of emotional pain and exacerbate her i anxiety and depression. These visits with Marilyn J. Gerber lead to a need for extra doses of tranquilizers on a repetitive basis and are I associated wHh substantially increased levels of irritability, insomnia I I and nightmares in Mildred J. Gerber. A copy of Dr. Winner's June 13, I 2002 letter is attached hereto and incOrporated herein by. reference as I Exhibit "D". I 11. In the June 13, 2002 letter, Dr. Wiener'states that her conclusions are I based on evaluation of the impact of Marilyn J. Gerber-'s visits from the I substantial nature of Mildred J. Gerber's own statements as well as the- collaborative reports of Ms. Joan Jackson, from Sanders & Warren~ · I Because of attempting to treat the depression and anxiefy which is I being suffered by Mildred J. Gerber, her patient, Dr. Wiener believes' that the psychological aspect of the mood disturbance will not resolve I as long as the repeated emotional upheaval occurs with the weekly I acceSs visits. Dr. Wiener recommends that the visits 'be suspended to i get through the s~art-up period with the prescribed anti-depressant, which will allow a reasseSsment of the .situation. I I 12. Following the July 5, 2002 access visit and noting the i°ss of weight 'in Mildred J. Gerber, the Incapacitated Person was again examined by Dr. I Wiener on Wednesday, July 17, 2002, I I I I I 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 I display significant depressive and' anxious symptoms and that Dr. i Wiener is very concerned about Mildred J. Gerber's slow but continuous weight loss. Further, Mildred J. Gerber's cognition appears to be I deferiorcrting. Dr. Wiener repeats that she is'very concerned about the I effect that the weekly visits with her daughter, Marilyn J. Gerber, have I had on Mildred J. Gerber's mental state. Dr. Wiener again recommends that a cessation of the visits with Marilyn occur until I Mildred J. Gerber's psychiatric status improves. A copy of Dr. Wiener's i July 18, 2002 letter is attached hereto and incorporated herein by . reference as Exhibit "E". I I 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 I not want to see Marilyn anymore (sic) this month. "I need some rest I from her." Said note is attached and incorporated herein by reference i as Exhibit, F" I I I I I 15. Marilyn Gerber, through her counsel, has requested that a July 26, I 2002 access visit occur. A copy of a taxed letter received by the Guardian's attorney on July 23, 2002 is attached hereto and I incorporated herein by reference as Exhibit "G". I i 16. The Guardian has declined the requested July 26, 2002 access visit because of the medical opinion of Dr. Wiener. I I 17. Attorney Jacqueline Verney, counsel for the 'incapacitated perSon, Mildred J. Gerber concurs with this Motion. I I 18. This motiOn was taxed to Attorney Stanley Laskowski on behalf of I Respondent Marilyn J. Gerber requesting his concurrence. As Counsel was not able to reach Attorney. Laskowski, it is presumed I he opposes this Motion for suspension of the access visits. I I I I ~ I i WHEREFORE, The Guardian of the Person of Mildred J. Gerber requests this Honorable Court to suspend the access visits between Mildred J. Gerber, the I Incapacitated PersOn, and Marilyn J. Gerber based upon Dr. Wiener's medical I opinion, until further Order of this Court. I · Res~.~~ ' ! 355 North 21st Street, Suite 205 I Camp Hill, PA 17011 (71 7) 761-3459 I Attorney for Movant I I I I I I I ~ 35 i , ! ! I I, Frederick E. Gerber, II, verify that the tacts set forth in the foregoing document are itrue and correct to the best of my knowledge, information and belief. The unclersigned understancis that false statemente rterein a~s made 6ubject t0 lhe I penalties-of 18 Pa. C.S.A. 4904 relating to sworn falsification to aulhorifies. I ~ I I I I I . I I 36 IN THE COURT OF m iN RE: APPOINTMENT OF*~ · · GUARDIAN OF THE PERSr~,~' ,',~ COMMON PLEAS OF CUMBERLAND MILDRED J GERBER ,-,.-,.,r ~ COUNTY. PENNSYLVANIA .o.. ORDER OF COURT . m which the testimony of Mildred Ge~er ~s.taken pumuant to an order of this cou~ of December 21, 2001, ~ is ordered that the pemonaJ guardian of Mildred Ge~er sha~i m all~ Ma,lyn Gerber to .vis, with her mo~er for four Confinuou~ houm each ~ek when Madlyn Ge~er can arrange to be where her mother is located. m '~~// -R~oh~r~ ~ Rup~qu~m mFoF FFede~ck ~. ~erbeF, )i - J~oqu~ine ~. Veme~, E~quiFe A ~U~ ~ ~0~ R~OOR~ mFoK ~i~dmd J. ~e~er Stanle~ J.A. Laskowski, ~squire m' For Marilyn J. Gerber :saa m m I . Harms appo~ted a personal and estate 8u~dj~ ~or ~iJ~cd Gerber, we ~ sai~e~ ~ ~Js po~t ~a~ · e visiation heroin orde~d c~ be condumed m Jled Gerber. 3? m July 15, 2002 . m Mr. Richard Rupp Phone 1-717-961.3450 m Fax 1-7' 17-7:)0-0214 Re: Mildred Gerber · m on July 5th at noon, I met Mrs. Gerber and her daughter Jane Heflln for lunch at Embassy Suites, Merllyn Gerber did not arrive until 12:50 P.M. Prior to Marilyn'a m arrival, Mrs.. Gerber was reticent about meeting me. Jane explained that I am a colleague of Joan Jackson's Which wes. acceptable to her. Mm. Gerber was very quiet at first, listening to conversation between Jane ancl me. She ate her lunch with some massistance from her daughter Jane. When Marilyn arrived, there was an argument be.ween the two sisters regarding m 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 fiat in the air and said. "l'et's stop all. this stuff." m When Marilyn questioned Mrs. Gerber aDout various topics, Mrs. Gerber's respormes were vague and genera/such as "! have a lot of things to do" or she mdeferred to her daughter Jane such as '13o I have different caregivera or just one?" and "Do we have flowem?'. Mrs. Gerber said she knew-that yesterday was the 4th of July. She said a lirde bump on her arm didnTbother her and she was able to respond regarding what she likes and doesn't Ilks to eat. One time She responded "1 don't know m what to ~ay." m When Marilyn cornplimented her' motheKs outfit and told her how much she missed her and showed her how much their hands were alee, Mrs. Gerber let Madlyn hold her hand briefly and'seemed comfortable doing so. m When Marilyn resumed questioning and then directly asked questions of Jane, there was again tension and arguing between the sisters. Mrs. Gerber became ~idgety end had a distressed look on her face. Marilyn asked this writer if the'setting was m suitable for a relaxed visit and what type of activities would be helpful for a successful visit I'suggestect walking around the hotel and looking at the pictures and fountains m and i saicL."! believe tone of voice is the most important factor. 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. I Mrs. Gerber refused to/et Marilyn help I~er out of her chair althougl~ sl~e was clearly having clifficulty getting up. She walked away from Marilyn and said, 'qNhy do I ' bazbsznd~core.com · 799 Rooscve]~ Road · BMg. 6, Sate 0I 1 · GLen Ell~rtz, I[. 60157 · Fax: 650-858-6467 38 Page 2 people come to visit me" and then in an aside comment to me "I'm not being very kind today." Upstair~ 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 do so. Mrs. Gerber told everyone to "shhh". She was hiCCUping and making little "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, Madlyn approached her mother again and knelt by her side and told her how goo~ it was t~ sea her and thai she missed her.. She reminisced about several things and Mrs. Gerber lei Marilyn hold her' hand. Merilyn would make comments and Mrs. Gerber would nod or say "yes" and one time they joked and laughed together. Mrs. Gerber wes relaxed for about a half an Then Mrs. Gerber became restless and began walkin~ around. When Marilyn followed her out into the hallway, she pointed down. the hall ard said '"You go way down there." Mrs. C-.-.-.-.-.-.-.-.-.~er said to me, "This is a terrible siluaflon.'" She said to Jane, "Let's go home now." This was at 3:30 P.M. She conlinued to be agitated for the next ha/f 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 adama~ and Insistent t.hat she was anxious to go home. ' Mrs. Gerber has poor recent men'tory and a short affention span. She clearly dislike~ being questioned in a detailed way but can telerate a few gene~'alized friendly questions. She becomes very upset when there is arguing or tension between her daughters. She clearJy favors Jane whom she is living with and seems to trust but on a couple of occasions, 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 reR:)on(t~ matter-of-factly. However, Mrs. Gerber seems to dislike being the center of attention encl can tolerate closeness and conversation for only brief periods and then become~ angry and irritated. it is my opinion that these visits.would be less stressful for Mrs. Gerber if they were shorter. However, IV~rilyn does travel e long distance to see her. It might I~e helpful if there were breaks, quiet clown time for Mrs. Gerber dur. ng the visitS. The moat upsetting element of the visits is the tension between the two sisters. The sisters need to refrain from talking to One another or neecl to be barfer at modulating their tone of voice and controlling their frustrations. It is a aoCUmented lam that people with Alzheimer's Disease recognize emotional tones an(~ cue~ far longer than they remember language or facts. They will react to very subtle emotions even if they do not understand the complete context of the conversation. Lulse A. Warren, LCPC, CMC 39 I I 1' ' May 7. 2002 ' . . Mr'. Richard Rupp ~ Phone: 1-717-961-345g . -- Fax: 1-717-7~--0214 . I Re: Mildred Gerber ' ,. _ . _ I have .obse~ed to.ur visits Mrs, Gerber received from her ~aughter Marilyn. · ~;oi. t~rad Garner at~endecl two of these visits, and · present at the other two visits, Mrs Gerber's daughter, Jane, wes ~ Mrs. Gerber ha~ consistently made it dear that.she does not want to = in these visits'with her daughter Marilyn. She uses ev i s participate _ this obvious. 8he stales m-,,,, ,~ ............. ery cop r~ kill ava,ai3le to make · She refus'-.o ~,,,-,, .k.,. ,,_.,.."T._'~'_~"~. each_,vfslz t_nat she wants to leave and o ho . .... "" ~ ~Walllyn OiTer~ net g ITle. U pretends to be tired and sleeps She re:.-~e often reds.es to. take her coat off. 8he dlscussin her asr life ' a,~s engaging In looking at old pictures or I g P ' in Pennsylvania. . -- On V~ ' ' ' eclnesday, April 24th, Mrs. Gerber was very expressive when hearing we m were waiting for Mer~iyn. She stated, "ll's not fairr ! Just don't want M ' ' I Why the hell do i have to do this?" 8he was very agitated and upset,anlyn In my liter -. Il is difficutt to see an 87 year old woman wilh Alzheimer's [] uncomfortable, upsettin,~ situatio-- .'- ...... orced into an · ............... u _. _ ,, u~[ mrces Ilar to De at sorrleorle ,u r. nmr. as. mrs. '~e~er r~as I>een d _. . ercy with iagnosed as AlzJle~me~s, m so · ?_nd..forgeff~.l .b14~ she has many moments of clarit,, -.-.-, ~--- £- .3.me/lines confused' ~ rea, rigs ancl, hopefully, wiiJ be heard. .r ,~, ,-,, ,=~ oean able to express her Jv. I I la .~andl~co, re.corn · 799 Roosevelt Road · Bldg. 6, $ulc¢ 0! I -G]cn ~ly., IL 60137 · F-axl 6/}0-858.6447 rb . I SUNDAY. APRIl,, I ~ met with CoL Gerber, his nephew Seen and Mrs. Gerber at Embassy Su/tes for a 4-hour visit with daughter Marilyn as mandated by the court. I Marllvn arrives, appears ag~tatecl, not happy that food has been ordered. ~he approaches me and states, "1 know your address - 408 ........ "'I knOw you live with a i man, presumably your husband. You hag barfer hire an attoi~e¥.,, She was confrontive and aggressive. " i Marllyn wanted to talk to me and agreed to give up one hour of her visit. Marilyn expressed her concerns - health of mother, concerns, and "her fail", m Mrs. Gerber distanced herself from Marilyn. Sh~ stated. "None of your busine{).~ and I can do it mvse~" When MarffYr) asked questions or attempts to help mother with coat. m Marilyn continues to ask questicns and brought reminders of Pennsylvania and past life: ohurch bulletins, rosary, Pictures of family. Mrs. Gerber state?' b i~ m it.,, Later, Mrs. Gerber said," eo · in th room know I'm di usted with o ." Mrs. Gerber states many times, "Lwanl~ to qo horrtA." · m FRIDAY,, APRIL m Met Col. 'Gerber, Mrs. Gerber to await visit by daughter, Marilyn. m Mrs. Gerber apprehensive about visit. Refuses to sample Marilyn's food - does not want Marllyn to order for her or feed her. m Marilyn, aggressively questions why no bra, where is corset - what happened to wavy, fluffy hair? Don't you miss large house in Pennsylvania? m Mrs. Gerber "Lcton't have to ~lr~,~wer your questfon~." Marilyn engages in aCtivity with pal)er and 'crayons - Mrs. Gerber [o write name wrote ~ instescL - I Marilyn on one stcie talking to mother, son Fred on other. Mrs. Gerber holds m F red's hand. She lOOks for support, is Afraid of Manlyn. States to me, "S i_bg..[l[_~...~_~ga m 41 I Mrs. Gerber ~ates many times, Long four hours for Mrs. Gerber as she tires begins to say '~'hat, what"'> This frustrates daughter Marilyn. · I Mrs. Gerber will take Co/Gerber"s hand, will take my hand, does not reach out i to MerilYn. At encl of four hours, tries to ignore Marilyn - unresponsive, states ~ is tiredend.wants to qp hom~." i _WEDNESDAy, APRIL 1~ Col. Gerber felt sister M~dlyn would not show up. He arranged for us to meet at i Jane's house. The plan was to visit day care and see how Mrs. Gerber reacted. Mrs. Gerber was relaxed, I~ed the fact that day care was in a church building. She was fdandly to residents and Interacted well with activities director who organized Crafts. i Col. Gerber thought it would be a good program. We discusae(l Mm. Gerber attending ~o days a week, perhaps for half a day to see how she adjusts. i We all drove to Embassy Suites to wait for Marilyn. We had lunch and wailed one hour and Marityn did not arrive. Mrs. Gerber remained relaxed and in good spidts. I WEDNESDAy~ APRIL _pa Meeting Jane Heflin, daughter of Mrs. Gerber and Mrs. Gerber at Embassy i Suites. We am going to wait for Marilyn in dining mom. Jane reminds Mrs. Gerber we are waiting for Marityn. Mm. Gerber very agitated and upset don't want "~ll Mad, n in m lifel WhO el, do, ye o d ~n.,>,d, states, .. I Used term "shit" at one point. Mrs. Gerber does not usually swear. I She remains agitated, upset Jane cannot take her 'l~ome". Marllyn informs she has called social services in DuPage Coun~ and 'asked i them to look for abuse or neglect. As the meeting continues. Mrs. Gerber, s answer to questions and attempts to i engage is "I'm tired. I iust don't know." "Wha/~? Whaj?" Refuses engagement, doesn't want fres~ fruit states 42 , Mrs. Gerber refuses to lake off COat. Won't let Madlyn hal her "'1 I / feel like it!" P · Mrs. Gerber In th,e last hour of the visit states '~,ery sleepy I want to o ho I Can we go home Jane? · g me. I WENDESDAY,,, MAY I Met with Jane, Mrs. Gerber at EmbasSy Suites to await for visit from ' mendatecl by couP, Madlyn as I · Mrs. Gerber was friendly and responsive until Marilyn -"-ives Then states is very ti. red, closes eyes, does not let Marilyn order for her All- " ' . she I and apple .sauce - will drink Ensure from Jane. Makes feces et me when Ma ' · uvvs dane to oraer s.o, up looking, is cool to Marilyn.. nlyn isnt I In room pretends to sleep, regulates breathing b~ opens eyes - wide awake - fa.king for MarilYr~., , ,, I Mrs. Gerber unresponsive to pictures. "Old. I don t Want them., Mrs. Gerber wants Jane to help her up from chair or to bathroom Looks I to tak· home. States "! Want to oo home" frequently · to Jane · Mrs. Gerber refuses, to remove coat. Looks to Jane to get her out of there. I Marilyn states at end of visit something about being there last nih - ' came In night before. Marilvn become'~ ,,...~ ,.~ ,,_,,___,_ _,. g ,t evidently I ' will continue cosine vvajtin~, ~ .... .,-~.:..:--. ,,,_~,_,u-,~r's OlSe.-?.ga..gemen/. states she Jan. _. lyn followed Jane. I I 43 I 27W350 Hlgfilalm RD~d · Roo · · ... . . m 240, ~. !i1~ ~Ol ~ 3~ J3, . ~d~ n · ~ .... ~~ ~ · -- ~ r~~~~Ihve~b~ Ad" . · . , . . ~ ~b PAULINE K. WIENER, M.D., S.C. 27W350 HIGH LAKE ROAD, ROOM 240 W~N~EU~, ILUNO~S 60190 PHONE (630) 682-2746 FAX (630) 933-1933 ,Tidy I8, 2002 I RF,: Mildred Gerber .[o Whom h May Concern:, iThis letter is wrh~en with thc goal o£prOv/ding an update on Ms. Mildred C-crber.'s psychiatric and sychological Slams. I base my current rccomrnendations on my visit with Ms. Gerber on .luly 17, 2002. .~os. Gerber continues to display significan! depressive and anxious symptoms. I am very concerned abou! .her w but continuous weight loss. Her cognition appears to bc deteriOrat/ng.' vcry concerned about the effec! the weekly visits with daughter Marilyn have had on Ms. Gcrber's state. itc 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 ~[si,ts with Marilyn until Ms. Gerber's psychiatric.st, ams improves. My next office appo/ntment w/th Ms. · L'rber is scheduled for AUgust 28,'2002. At this tinie I will reassess Ms. Gerbcr's condition~ ~line K. Wiener, M.D. · 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 & Keams, P.C. 3631 N. Front St. Harrisburg, PA 17110-1533 Amy J. Mendelsohn, Es.quire Rhoads & Sinon, LIP Twelfth Floor One South market Square P. O. Box 1146 Harrisburg, PA 17108-1146 Jacqueline M. Verney, Esquire 44 S. Hanover St. CarliSle, PA17013 Jane.N. Heflin ~ 270 N. Oarfiel~ Lombard, I.~~4~ RichaEd C. RuplS, EsqulJ'~~'' Date: .J/'u~ ¥ ~-~ ~ "~--~'~ ! I I I I i I I I I I I I I I I I 1 I 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 AND NOW, this ~.~'--' day of July, 2002, the within motion, IS DENIED without a hearing.~ · ::: ~- ..... ?...~ .? : . .._,:~'~" Edgar ~aYl~ J.~~ . ' " · -.~ A TRUE C~R~M RECORD ,~ . In Te~ ~, I hereunto ~ ~ ~u~ st ~e, PA ~m~d~d ~ The guardian, Frede~ck E. Gerber, III, who is responsible to provide Marilyn Ge~er the visitation w~h her mother under the order of March 25, 2002, and ~e ~o sisters, should take note of the Sandem & Wa~en mpo~ of July 15, 2002: It is my opinion that these visits would be less stressful for Mm. Ge~er if they were sho~er. However, Mafilyn does travel a long distance to see her. It might be helpful if them were breaks, quiet down time for Mm. Gerber during the visits. The most ... ..uPseffin~;e~ ~.~e-'-~ ~ ~ tension· be~een · ' siSt~m.-~e sisters need to refrain from'[diking' to one anot~e~ or ne~ to be beffer at modulating their tone of voice and controlling their frustrations. It is a documented fact that people w~h Alzheimer's Disease rec~nize emotional tones and cues far longer than remember or facts. They will react to ve~ they language subtle emotions even if they do not understand the complete '~nte~ of the convemation. (Emphasis add~.) of visitation entered ~ obvious that the family membem ~en the order was was invoNed, including Marilyn Gerber, would make it difficult, that the last p~on they would put at the top of their priori~ was their mother, and their mother would suffer some distress as a result. Thus, the visitation is limit~. The order stands. I I I I I I I I t I I I I I i I I I 5 ' ATTORNEY NO. 5755 STATE OF ILLINOIS ) COUNTY OF DU PAGE ) DU PAGE COUNt, ILLINOIS ,=~ IN RE: ) ) MILDRED J. GERBER, ) No. 2002 MR 973. a Disabled Adult ) EMERGENCY MOTION NOW COMES MARILYN JO GERBER, by and through her a~orneys, COLEMAN, O'HALLORAN & ~NN, LLC, and mOves this Court to enter an Order allowing unrestricted visits to her mother, Mildred Gerber, and in Suppo~ thereof states as follows: 1. That Marilyn Gerber is the daughter of Mildred Gerber who is presentlY a resident at Sunrise Assisted Living in Glen Ellyn, Illinois located at 95 Carlton Avenue in Glen Ellyn, DuPage County, Illinois. 2. That an Order of Court was entered on or about March 25, 2002 in the Cou~ of Common Pleas of Cumberland County, Pen~ylvania, granting Marilyn Gerber four (4) continuous hours each week of visitation with her mother, Mildred Gerber, when Marilyn Gerber 'can arrange to be where her mother is located.' This Order has been registered and filed in DuPage County on September 19, 2002 and was assigned Court No. 2002 MR 973. 3. That Marilyn Gerber resides in Pennsylvania and she has been flying in to Chicago in order to visit with her mother as allowed by the Cou~ Order. That 52 Marilyn Gerber is a registered nurse and her work schedule is such that she cannot predict which day she can visit or the exact time of day that she can visit. 4. That personnel at Sunrise Assisted Living of Glen Ellyn have been given instructions by Mildred Gerber's.guardian to have the visits supervised, sometimes removing Mildred Gerber to a hotel for her visit, and limiting the days or times of the visit. 5. That John M. O'Halloran, Attorney for Marilyn Gerber, has forwarded a copy of the March 25, 2002 Order allowing MaHlyn Gerber visits to Sunrise Assisted Living of Glen Ellyn, as well as to their corporate headquarters in Virginia. That he has had a conversation with Augustin Klm, an attorney, who advised him that they are following instructions of the guardian because the Court Order does not apply to them. He also advised that he would certainly abide by any Order entered by this Court. Please see Affidavit of'John M. O'Halloran attached hereto as Exhibit A. 6. That Marilyn Gerber has flown to Chicago on two (2) prior occasions and arrived at the Sunrise Assisted Living of Glen Ellyn facility to visit with her mother and has been prevented from doing so on instructions of the guardian. 7, That Marilyn Gerber requests this Court to enter an Order compelling Sunrise Assisted Living of Glen Ellyn, Illinois or any other person, entity, or facility that may have the care of Mildred Gerber in the State of Illinois, to comply with the March 25, 2002 Order allowing her four (4)continuous hours a week visitation with her mother Mildred Gerber without any restrictions, interference, or supervisiOn. 53 WHEREFORE, Petitioner, MARILYN JO GERBER, respectfully requests this Court to enter an Order compelling Sunrise Assisted Living of Glen Ellyn, Illinois, and any other person, entity or facility where she may be a reSident in the State of Illinois to allow her visitation in accord with the Order of March 25, 2002. MARILYN JO GERBER John M. O'Halloran, her Attorney COLEMAN, O'HALLORAN & WYNN, LLC 111 West Washington Street Suite 802 Chicago, IL 60602 312-419-8818 312-419-8824 - FAX I .,ATTORNEY NO. 5755 STATE OF ILLINOIS ) I ) SS COUNTY OF DU PAGE ) IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT i DU PAGE COUNTY, ILLINOIS · I IN RE: )) MILDRED J. GERBER, ) No. 2002 MR 973. I a Disabled Adult ) I AFFIDAVIT JOHN M. O'HALLORAN, under oath, deposes and states as follows: I 1. That he is the attorney representing Marilyn Jo Gerber on the above I matter. i 2. That he filed and registered the Court Order of March 25, 2002 with this Court. I 3. That he forwarded a copy of the March 25, 2002 Order to the Sunrise I Assisted Living facility, in Glen Ellyn, Illinois as well as to' the corporate headquarters of sunrise Assisted Living on September 16, 2002. 4. That he had a telephone conversation with Augustin Klm, an attorney for I Sunrise Assisted Living located in the State of Virginia, who advised him that Sunrise Assisted Living has received certain instructions for the guardian with regard to the visitation of Marilyn Gerber. Mr. Kim further advised John M. O'Halloran that they I were following the instructions of the guardian and that their position is that the EXHIBIT A Court Order of March 25, 2002 did not apply to them. He further advised that he certainly would abide by any Order entered by this Court. FURTHER, AFF,ANT SAYETH NOT. JOHN M. O'HALLORAN Under penalties as provided by law, pursuant to S 1-109 of the Code of Civil. Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he verily believes the same to be true. I I I I I I I I I I I I I I I I I I 5'7 ~ ~0, 2002 V~ F~ - 232-27.66 S~nley J. Lasko~, ~qu{re Cal~l .& Kea~ 3631N. Front S~eef. Ha~sburg, PA ~ 7110 Re: ~ri~ Gerber. Mildred Ge~er acc~ visits . Dear Sfan: ~Js lefler b~h ~'esponds to your reque~ for an acc~s ~sit for ~aril~ on 31 ~y 2002 as wall as fi~fure acce~ visits. ~. ~ I previously informed you, the GuardiQn has respe~l~ requ~ed and a~i=.ed th~ acc~s vis~ not occur on Tuesda~ nor ~u~ ~ a week by s'e~on of Mom's entailment in pre-scheduJ~ A~he~mer's adiviti~ at an adult care facili~ in order to Pro, de a wee~y routine in mom's b~=t infere~s which provid~ ne~ed .and appropHafe sf/muJ~Jc.n for Mom; By reas°n of th~ preschedule~ AJ~eime/s a~ies on Tuesda~ and Thu~da~, mom is unavailable ~r acc~ 2. ~nda~, Wedn~da~ and Frida~ are pe~e~ fine for Martin's a~e~ vJsffs. However, the times of the v~i~ should be from ~ 0:00 a.m. - 2:00 p.m. local time (CD~. ~e vis~ will occur at Embody Suif~ Hotel Jn Lombard, IL, unle~ ofhe~i~ spedfied by the Guardian. 58 tROM : Rupp & M~ikl~ FAX NO. : ?30 0214 Ma~. 30 2E~ 12:[15PM P'2 ! I 3. The Guardian respectfiully requests and advises that there can be no access visits on Sundays as Mom is unavailable as Mom routinely goes to Church and brunch with family and Js unavailable for Sunday access I visits. 4. The Guardian respectfully requests and advise~ that there be no visits I on holidays as Mom is often with away family and, therefore, unavailable far access visits on holidays. . . I 5. With respect to Saturdays, the Guardian reSpectfully requests that Saturday visits be avoided as Mom is also away with family and, I t6erefore unavailable. · ': ~ 6. The Guardian 'further requests 30-days advance reque~ for Marilyn's i access vis/ts. This time frame is ~equested'in order to assist the Guardian to avoid scheduling activities, coordination of'persons needed to allow the access visit, to insure the obtaining of a location, and I thereby better allow Marilyn's access vL~its so that mom is available for said access visits. I Presumably, this time frame would also better assist Maril),n in planning her access visits to Chicago. ' I 7. With respect to the visit requested for 31 MaY 2002, please be advised that Mom has a previously scheduled dental appointment from 10:00 a.m. - 12:00 p.m. CDT. The Guardian. cannot'obviously guarantee I · what condition Mom will be in after sitting in the dental chair immediately prior to another required visit from Marilyn. I The Guardian personally asked Mom if Mom she would feel thought to vlsltlng with hAarilyn this Friday after her dental appointment. Mom replied "No! i don't want to see her this Friday or any other day. I certainly don't want to see her I after someone has been poking around in mouth/' my i However, if Marilyn wishes to continue her request for this Friday, 31 May 2002, the Guardian will produce mom for an access visit from 1:00 p.m. - S:00 p.m. CDT ~ Embassy Suites in Lombard, IL. I In summary, per the Guardian's request, there should be no access visits requested for Tuesdays and Thursdays by reason of Mom's prescheduled Alzheimer's activities which are for mom's benefit and best interests whereby Mom is unavailable I for access visits. I Monday, WedneSday and Friday access visits are fine, occurring between 10i00 a.m. - 2:00 p.m. CDT. 59 IFROM : Rupp [ M~tkl~ FAX . : 7~ 02~4 Ma~. 31~ 2B1~2 i2:I~H P5 I There no access vis~ts on holiday~ Su. ndays as mom is unavailable should be or Iand Saturday~ ar~ requested to not occur to ensure availability of Mom. The Guard]an requests 30 days advance notice in order to effectively Plan, I coordinate, and schedule the access visits into mom's schedule. Mar,lyn's acce~ visits will occur at the Embassy Suites Hotel, Lombard, IL, I . unless otherwise specified by the ..Guardian. · · .'. Please advise whether Manlyn still wi~hes to continue the 31 May 2002 access i v~sit which will occur ~mmedlately after Mom's dental appointment I look forward to hearing from you'with respect to the 31 May 2002 access i visit request. Be~t. regards. ~ ~/ I " /: Yours Sinc Rid~ard C. Rupp I RCR/lin' I I I I I I I I I I I I I ~ I I I I t I I I I I I I 61 ~P AND ~LE Sep~mber 20, ~ F~ - 232-2766 Smnl~ J. Lusko~kj, E~uim C~H & KMms 3~31N. Front Ho~isbu~ pA 17110 Re: ~eri~ ~rber- ~il~ed Gerber e~ vis~ De~r On Thu~ o~er~n I m~ a 3-p~o sine,aid ~ I~er ~ ~ur click, Maril~ Ger~r, dasd September 19, 2~2 (a co~ is encl~. ~pHe ~e cu~nt ~u~ of ~ems ~ mqu~ by ~adl~, ~;~ w~ reloy~ to CoL ~rber, the Guo~n, a~ app~o~, MaHI~ ~ th~ she ~ be ~ing h~ m~her on M~dw, Se~~ 23, 2002, ~kh a on~ o~e busin~d~ ~ri~'s r~u~ ~ an ~ ~s~ ~th ~r moth~ on such sho, n~ice ~m~e~ ~n~w to all of our prior ~u~ th~ there ~ a~e n~ice provid~ for tho~ d~ which Madl~ requ~. ~ls n~ee Is ~r s~ral re~ons. ~th~ ~ n~ she ~s any d~ ap~n~eMs or a~ o~r ap~in~ or ~s~ing ~th fam;~ ~o I~ In ~mbard, IL S~ond, noti~ to ~e Guardian perm,s a~angi~ ~ he--saw people the Gua~n deems to ~ appropH~ and in aflendan~ ~ mo~ for the ~;~, ~ allows notice to t~e ~ M the ~cill~ or seledlon of t~ where the Guardian dee~ the ac~ss visit should occur in the be~ inter~a moth~. 62 Rupp 8, I'leJkle Flax NO. : 'r3e 82.1.4 se, p, ~ ~ ~:~ P2 S~nley J. Lozk~ ~ptem~r 20, 2~2 ~e G~dian a~em~ to allow mom's new care-taking ~cJl~, Sunrj~ ~si~ed Cam Cen~r, in Glen EI~, IL, but ~und th~ ff was a de,de. ~dl~, ~s horr~c to him and his sensJbilifi~. Gua~ian as ~ ~dl~'s condu~ t~a~ his m~r, ~ i~cit~ pe~n. ~er~re, ~r ~ the Ma~ Ho~l (in,Jolly he chose booked he had to ~ange ~ere~re. the GuardiQn h~ ~blished r~nable roles in o~r to ~nd~ ~e ac~ visit ~een ~rl~ and her mother to promo~ ~e b~ inter~b of his mo~er, hb ~. We ~uid compli~ with by ~ril~ in ~ to ~fl ~r mot~. Su~ sh~ notre ~ ~ ~ ~u~ an accm ~sit, b sim~ unr~onable. The Guardian h~ in~ed me that su~ a r~st ~ ~ ~ mln~ ~nn~ bi g~en ~ him at a m~nimum t~ co~ni~ of all ~ i~v~, ~, t~ m~her a~ h G~rdi~, and · e ~nnd that t~ Guardian deems to be appropri~e and ~ aJIow reptilian of the Ioc~i~ ~ ~ ~sff ~ ~y, S~m~ 23. 63 Stanley J. Loskow~ki, ~squlm S~plembmr 20, Page 3 S~n, Mad~ also ~d~e~ a numar of ~her i~um in ~e le~ whi~ I will n~ r~pond to as they ~ ~ mine ~m ~. ~nk ~u and ~ mga~. Affachm~t CLERK OF ~ lSth J-L~ICIAL CIRCUIT COURT OFFICIAL NOTICE STATUS DATE NOTICE DATE OF ACTION: 09/19F2002 DATE OF NOTICE: 12/17/2002 CASE ~KR: 2002~R000973 CASE TITLE: I~.ILY'N JO GEI~EI~ You are hereby notified that this case is set fox a status review on 01116/2003 at 09:05 AM. The location of the hearing is: COURTROOM 2007 505 N COUNTY FAR_M RD WHEATON Failure to comply with this notice may result in the dismissal for want of prosecution or other sanctions imposed by the court. JOEL A KtGAI,]I,~ CIRCUIT COURT CLERK JOEL A KAGANlq CLERK OF THIg 18th JUDICIAL CIRCUIT COURT P 0 B OX 707 WHEAT ON IL 60189-0707 COLEMAN 0 HALLOP-_AN ~ ~LLC 111 ~r tlFASI'fll'IGTON STREET SUITE 802 CHICAGO IL 606020000 CLERK OF THE 18th JUDICIAL CIRCUIT COURT OFFICIAL NOTICE STATUS DATE NOTICE DATE OF ACTION: o~m/lg?2002 DATE OF NOTICE: 12/17,,'2002 CASE NU'M~ ]~-..: 2002MR000973 CASE TITLE: MARILYN 30 ~ERBER You m'e hereby notified that this case is set for a status review on 01/16/2003 at 09:05 AM. The location of'the hearing is: COURTROOM 200? $05 bl COUbiTY FARM RD WHEATObi Failm~e to comply with this ~tiee may result in the dismissal for want of prosecution or other sanctions imposedby the com't. JOEL A KA~Alql-I CIRCUIT COURT CLERK JOEL A KAGA1FN CLERK OF THE 18th AIDICIAL CIRCUIT COURT P 0 BOXT07 ttrHF_.ATON IL 60189-0707 SACI-n,10FF ~ WEAVER 30 S %WACKKR DRIVE 29TH FLOOR CHICAGO IL 606060000 IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL DISTRICT DUPAGE COUNTY, ILLINOIS ~-, In Re: Mildred J. Gerber, ) Case No. 2002 MR 973 '"-, a Disabled Adult. ) ~'~ PROOF OF SERVICE OF COPY OF EX PARTE ORDER Robert K. Neiman, counsel for Frederick J. Gerber, II as plenary guardian of the person of Mildred J. Gerber, hereby certifies that in compliance with Local Rule 6.08(c) of the Rules of Circuit Court of the Eighteenth Judicial Circuit, Du Page County, Illinois, I served a copy of the Court's October 29, 2002 ex parte Order upon (1) John O'Hailoran, counsel for Marilyn Gerber, by personal delivery at his business address, and (2) Marilyn Gerber by U.S. mail at her last known home address. FREDERICK E. GERBER II, AS PLENARY GUARDIAN OVER THE PERSON OF MILDRED R ~s attorneys Robert K. Neiman Sachnoff & Weaver, Ltd. 30 South Wacker Drive, 29~h Floor Chicago, Illinois 60606 (312) 207- ! 000 208505/0001/532?38/Version #:.2 iRDER 2116-N (Re.v. 9/99) ..~.~ o~ ,.~,.o,.,...~ c,.cu,. ~Uo"u"J~oY;~,?Z~.;2."~C.~uo,c,~. c,~uU,~ ORDER L ~ 'Fhis matter comin8 on to bc heard, thc Cou~ bcing full)' adviscd in thc prcmiscs and having~tion of thc subjcct ~ .,~.~r, ~T ~S O.gE.~D HE.~V: _~~ ~~_~ ~_~~~ ff ~~1 IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT DU PAGE COUNTY, ILLINOIS IN RE: ) ) MILDRED J. GERBER, ) No. 2002 MR 973. r~ .:.:::-:,-:'.'~, · .. a Disabled Adult ) · ;~,-' ~ - - :'. .~..'-~ ORDER ,. THIS CAUSE coming on to be heard on Motion of Marilyn Jo G~eer, to enl~ an Order allowing her visitation with her mother, Mildred Gerber, the Court being fully advised in the premises: IT IS HEREBY ORDERED that Sunrise of Glen Ellyn, a/k/a Sunrise Assisted Living. its agents and employees, and any other person, entity or facility that may have the care or custody of Mildred Gerber, allow Marilyn Jo Gerber four (4) continuous hours of visitation each week without any restrictions, interference or supervision. COLEMAN, O'HALLORAN & WYNN, LLC Attorney for Marilyn Jo Gerber Enter: 111 West Washington Street ENTF..~ !:) JUDGE Suite 802 Chicago, Illinois 60602 0C~' ~Datz~/~' ATTORNEY NO. 57§5 I, STATE OF ILLINOIS ) ) SS COUNTY OF DU PAGE ) IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT DU PAGE COUNTY, ILLINOIS IN RE: ! MILDRED J. GERBER, ) No. 2002 MR 973. a Disabled Adult ) NOTICE OF EMERGENCY MOTION ~'~,~, ~,'~:;'..? ~ --- ~ ..... TO: Augustin Klm, Esq. · ~-',~, -.- Sunrise Assisted Living, Inc. 7902 Westpark Drive . McLean, VA 22101 PLEASE TAKE NOTICE that on October 11, 2002 at 9:00 A.M., or as soon thereafter as counsel may be heard, I shall appear before the Honorable Bonnie Wheaten, or any judge sitting in her stead, in the courtroom usually occupied by her in Room 2007 of the DuPage County Courthouse in Wheaten, Illinois, and shall then and there present the attached Emergency Motion, due notice having been given. John M. O'Halloran Attorney for Marilyn Jo Gerber COLEMAN, O'HALLORAN & WYNN, LLC 111 West Washington St., Ste. 802 Chicago, IL 60602 312/419-8818 On October 10, 2002, I, C. S. Brown, a non-attorney, being first duly sworn on oath, depose end state thai I served Ihis Notice by foxing e copy to each person to whom it is directed. I×l Undo, poneltie$ ~$ provided by lew pu~$uen! to 735 Illinois ~ompiled Stotute$ 511-10~ {1~3}, I c~rtify that the statements set forth herein are true end correct. ATTORNEY NO. 5755 i' STATE OF ILLINOIS ) · ) SS COUNTY OF DU PAGE ) IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL C MILDRED J. GERBER, } No. 2002 MR 973. a Disabled Adult ) EMERGENCY MOTION NOW COMES MARILYN JO GERBER, by and through her attorneys, COLEMAN, O'HALLORAN & WYNN, LLC, and moves this Court to enter an Order allowing unrestricted visits to her mother, Mildred Gerber, and in support thereof states as follows: 1. That Marilyn Gerber is the daughter of Mildred Gerber who is presently a resident at Sunrise Assisted Living in Glen Ellyn, Illinois located at 95 Carlton Aver~ue in Glen Ellyn, DuPage County, Illinois. 2. That an Order of Court was entered on or about March 25, 2002 in the Court of Common Pleas of Cumberland County, Pennsylvania, granting Marilyn Gerber four (4) continuous hours each week of visitation with her mother, Mildred Gerber, when Marilyn Gerber "can arrange to be where her mother is located." This Order has been registered and filed in DuPage County on September 19, 2002 and was assigned Court No. 2002 MR 973. 3. That Marilyn Gerber resides in Pennsylvania and she has been flying in to Chicago in order to visit with her mother as allowed by the Court Order. That Marilyn Gerber is a registered nurse and her work schedule is such that she cannot I' =. predict which day she can visit or the exact time of day that she can visit. 4. That personnel at Sunrise Assisted Living of Glen Ellyn have been given instructions by Mildred Gerber's guardian to have the visits supervised, sometimes removing Mildred Gerber to a hotel for her visit, and limiting the days or times of the visit. 5. That John M. O'Halloran, Attorney for Marilyn Gerber, has forwarded a copy of the March 25, 2002 Order allowing Marilyn Gerber visits to Sunrise Assisted Living of Glen Ellyn, as well as to their corporate headquarters in Virginia. That he has had a conversation with Augustin Kim, an attorney, who advised him that they are following instructions of the guardian because the Court Order does not apply to them. He also advised that he would certainly abide by any Order entered by this Court. Please see Affidavit of John M. O'Halloran attached hereto as Exhibit A. 6. That Marilyn Gerber has flown to Chicago on two (2) prior occasions and arrived at the Sunrise Assisted Living of Glen Ellyn facility to visit with her mother and has been prevented from doing so on instructions of the guardian. 7. That Marilyn Gerber requests this Court to enter an Order compelling Sunrise Assisted Living of Glen Ellyn, Illinois or any other person, entity, or facility that may have the care of Mildred Gerber in the State of Illinois, to comply with the March 25, 2002 Order allowing her four (4) continuous hours a week visitation with her mother Mildred Gerber without any restrictions, interference, or supervision. -2- WHEREFORE, Petitioner, MARILYN JO GERBER, respectfully requests this Court to enter an Order compelling Sunrise Assisted Living of Glen Ellyn, Illinois, and any other person, entity or facility where she may be a resident in the State of Illinois to allow her visitation in accord with the Order of March 25, 2002. MARILYN JO GERBER By: ..... John M. O'Halloran, her Attorney COLEMAN, O'HALLORAN & WYNN, LLC 111 West Washington Street Suite 802 Chicago, IL 60602 312-419-8818 312-419-8824 - FAX -3- ATTORNEY NO. 5755 STATE OF ILLINOIS ) ) SS COUNTY OF DU PAGE IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT DU PAGE COUNTY, ILLINOIS IN RE: ) ) MILDRED J. GERBER, ) No. 2002 MR 973. a Disabled Adult ) AFFIDAVIT JOHN M. O'HALLORAN, under oath, deposes and states as follows: 1. That he is the attorney representing Marilyn Jo Gerber on the above matter. 2. That he filed and registered the Court Order of March 25, 2002 with this Court. 3. That he forwarded a copy of the March 25, 2002 Order to the Sunrise Assisted Living facility in Glen Ellyn, Illinois as well as to the corporate headquarters of Sunrise Assisted Living on September 16, 2002. 4. That he had a telephone conversation with Augustin Klm, an attorney for Sunrise Assisted Living located in the State of Virginia, who advised him that Sunrise Assisted Living has received certain instructions for the guardian with regard to the visitation of Marilyn Gerber. Mr. Klm further advised John M. O'Halloran that they were following the instructions of the guardian and that their position is that the EXHIBIT A Court Order of March 25, 2002 did not apply to them. He further advised that he certainly would abide by any Order entered by this Court. FURTHER, AFFIANT SAYETH NOT. JOHN M. O'HALLORAN I Under penalties as provided by law, pursuant to § 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and · belief and as to such matters the undersigned certifies as aforesaid that he verily believes the same to be true. JOHN M. O'HALLORAN -2- FILED ~ ) SS COUNTY'OF DU PAGE ) s~-tu., o,,~.: o~/~o~ ~z, IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDIt IAL CIRC ~' DU PAGE COUNTY, ILLINOIS C~K -.~, ZOTH ./UDZCZ~L CZRCUZT OU PI~C~ COUNTY ZLLZNOZS IN RE: ) MILDRED J. GERBER, ) a Disabled Adult ) PETITION TO FILE FOREIGN JUDGMENT NOW COMES MARILYN JO GERBER, by and through her attorneys, COLEMAN, O'HALLORAN & WYNN, LLC, and, pursuant to § 5/12-650, et. seq. of the Illinois Code of Civil Procedure, requests this Court to file a foreign judgment and in support thereof states as follows: 1. That on December 21, 2001, the Court of Common Pleas of Cumberland County, Pennsylvania, Court No. 21-01-92 Orphans' Court, in the matter entitled: 'In Re: Appointment of a Guardian of the Person of Mildred G. Gerber,' the Court appointed Frederick E. Gerber, II as plenary guardian of the person of Mildred J. Gerber. Please see Certified Copy of Order attached hereto and incorporated herein as Exhibit A. 2. That on March 25, 2002, the Court of Common Pleas of Cumberland County, Pennsylvania, Court No. 21-01-92 Orphans' Court, ordered that '... the personal guardian of Mildred J. Gerber shall allow Marilyn Gerber to visit with her mother for four {4) continuous hours each week when Marilyn Gerber can arrange to be where her mother is located.' A Certified Copy of the Court's Order is attached hereto and incorporated herein as Exhibit B. 3. That Mildred J. Gerber is currently a resident of Sunrise Assisted Living, Sunrise of Glen Ellyn, 95 Carlton Avenue, Glen Ellyn, DuPage County, Illinois. 4. That Petitioner, Marilyn Jo Gerber, hereby files the March 25, 2002 Order of Court entered in the Court of Common Pleas of Cumberland County, ~.~ Pennsylvania under the Court's Number 21-01-92 Orphans' Court, a Certified Copy of such Order which is attached hereto and incorporated herein as Exhibit B. WHEREFORE, Petitioner, MARILYN JO GERBER, pursuant to § 5/12-652(a) of the Illinois Code of Civil Procedure, files the Order of Court marked hereto as Exhibit B. MARILYN JO GERBER John M. O'Hal]oran, her Attorney COLEMAN, O'HALLORAN & WYNN, LLC 111 West Washington Street Suite 802 Chicago, IL 60602 312-419-8818 312-419-8824 o FAX -2- Under penalties as provided by law, pursuant to S 1-109 of the Code of Civil Procedure, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that she verily believes the same to be true. IN RE: APPOINTMENT OF A - IN THE COURT OF COMMON PLEA8 OF ~b GUARDIAN OF THE PERSON OF · CUMBERLAND COUNTY, PENNSYLVANIA ""' MILDRED J. GERBER ' I',.:~ · % · 21-01-92 ORPHANS' COURT ~ IN RE: PETITION FOR THE APPOINTMENT OF A GUARDIAN e,;' OF THE'FERSON OF MILDRED J. GERBER ..... IB~-FORE BAYLEY. J. ORDER OF COURT AND NOW, this ~-.~"~- day of December,, 2001· (1) Frederick E. Gerber, !1, is appointed plenary guardian of the person of Mildred J. Gerber. (2) A hearing on the petition of Marilyn Gerber for access to her mother shall be conducted in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania, at 2:30 p.m., Monday January 28, 2002. The guardian of the per, on · - shall have Mildred J. Gerber present for the taking of her testimony. Edgar B-'-. Ba [~y, Jk - A TRUE COPY FROM RECORD In Testimony wherof, I hereunto set my ha~cl and the seal _ of ,a~.Courl at Carlisle, PA ~umber~r~ Courtly v 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 hearing 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? '"' ~ Ky '~,._ : Edgar . a , J ~Z ~ Ru~,'~squire ~ /fRichard ~;. For Frederick E. Gerber, II /Jacqueline M. Verney, Esquire For Mildred J. Gerber ...-~tanley J.A. Laskowski, Esquire A TRUE COPY FROM RECORD For Marilyn J. Gerber In Testimony whemf, I hereunto :saa h.~l.~ ulc.~za/z,~ ~ Cumbedand Coumy Having appointed a personal and estate guardian for Mildred Gerber, we are satisfied, at this point, that Ihe visitation herein ordered can be conducted in a manner that is not contrary to the best interest of Mildred Gerber. I IN THE CIRCIJIT COURT OF THE EIGHTEENTH JUDICIAL DISTRICT DUPAGE COUNTY, ILLINOIS .~ In Re: Mildred J. Gerber, ) Case No. 2002 MR 973 :, a Disabled Adult. ) ~..,~'~ ~ ~ ~ TO MOD1FY VISITATION ORDER ~ ~: ~.? I Frederick J. Gerber, II ("Frederick"), as plenary guardian of the pe~{son of MildreC~ i J. Gerber ("Mildred") and Sunrise Assisted Living of Glen Ellyn ("Sunrise"), Mildred's · caregiver, move the Court for the entry of an Order modifying this Court's October 11, : 2002 Order requiring Sunrise to allow Marilyn Jo Gerber ("Marilyn") four continuous hours of visitation with Mildred each week "without any restrictions, interference or ~. supervision." In support of their Motion, Frederick Gerber and Sunrise state as follows: ] 1. The attached report of Mildred's psychiatrist and the affidavits of three · Sunrise employees document the harm which the weekly unrestricted, unsupervised visits cause Mildred, and compel the conclusion that the Court should modi~, its October 11, 2002 Order and adopt the recommendation of Mildred's psychiatrist to suspend such I visits for a period of eight weeks or until Mildred's psychiatrist reports to the Court that such visits would not continue to harm Mildred. [ 2. Mildred is 88 years old. She currently lives at Sunrise. Mildred suffers i from senile onset dementia, likely a combination of vascular and Alzheimer's-type, and continues to experience aggressive decline in her condition. (Exhibit A). On December · 21, 2001, the Court of Common Pleas of Cumberland County, Pennsylvania issued an 208505/O0011532738/Version #:.2 2 Order appointing Frederick as plenary guardian of the person of Mildred. (Exhibit A). Marilyn opposed appointing Frederick as Mildred's guardian, but the Court, noting that Mildred had previously nominated Frederick as her guardian, appointed Frederick as .[ .., guardian. Frederick testified at the guardianship hearing that he would allow Marilyn to .L.) see Mildred, but that Mildred had stated that she did not want to see Marilyn. Mildred's ~ attorney, who represented her interests at the guardianship hearing, was opposed to 'D ~ Marilyn seeing Mildred. (Exhibit B at 5). The Pennsylvania Court held a heating on Marilyn's petition for access to her mother, and, on March 25, 2002, ordered that Frederick allow Marilyn to visit with Mildred for four continuous hours each week when .~ Marilyn could arrange to be where her mother was located. (Exhibit C). The Pennsylvania Court's March 25, 2002 Order did not address the issue of whether any : caregivers or others should supervise Marilyn's visits. The Pennsylvania Court's March , 25, 2002 opinion noted, however, that the Court was, "at this point" s'atisfied that the , visitation could be conducted "in a manner that is not contrary to the best interest of · Mildred Gerber." (Exhibit C, n. 1). 3. On July 29, 2002, the Pennsylvania Court denied Frederick's motion for i temporary suspension of Marilyn's visits with Mildred. (Exhibit D). ~ 4. During Marilyn's visits with Mildred at Sunrise Assisted Living of Glen Ellyn, which began in August 2002, the following incidents have occurred: a. On October 3, 2002, Micheile Herold, Sunrise's Reminiscence Coordinator, along with other Sunrise employees, attempted to assist Mildred to the bathroom while Marilyn talked on her cell phone. Mildred is incontinent, and · must therefore wear a diaper. Marilyn prevented Sunrise's staff from toileting · 2 20850510001/532738/Vcrsion #:.2 3 ~ Mildred by physically blocking their progress towards the bathroom, resulting in ~ Mildred wearing a urine-soaked diaper for the remainder of Marilyn's visit on ~ October 3, 2002. (Affidavits of Michelle Herold and Robert Shaw, Exhibits E %, and F, respectively). .., b. On September 23, 2002, Sunrise staff discovered that Marilyn had ~ completely undressed Mildred, placed her on the toilet, and was taking ~ photographs of her. When discovered photographing her mother with no clothes on, Marilyn asked Sunrise employee Mary Shields to help dress Mildred, and Ms. ' Shields helped Marilyn return Mildred to bed. Marilyn then told Ms. Shields, an 0 African American, that Frederick, a colonel in the United States Army, is "a white I supremacist and that he kills black people." (Affidavit of Mary Shields, Exhibit c. On September 23, 2002, Marilyn decided that Mildred should take a nap in her bed and transferred Mildred into the bed, a process that is difficult · due to Mildred's physical condition, and which should therefore be done by : Sunrise staff. When Sunrise staff came into Mildred's room at 5:00 p.m. to help Mildred to the dining room for dinner, Sunrise's Michelle Herold observed , Marilyn laying in bed with Mildred, a bed designed for only one person. When ; Ms. Herold began helping Mildred get out of the bed to escort her to the dining room for dinner, Marilyn threatened Ms. Herold that if she continued transferring i Mildred, Marilyn would sue Ms. Herold for abuse, and Marilyn put her arm over Mildred and refused to allow Ms. Herold to care for her. Marilyn did not allow · ' 3 208505/0001/532738/Version #:.2 ~3 Mildred to go to the dining room for dinner for another hour, thus disrupting ~ Mildred's routine. (Herold Affidavit, Exhibit E). ~ d. Michelle Herold has noted that on the approximately five I'"' occasions that Marilyn has visited Mildred at Sunrise, Mildred became agitated, '.. frequently clicking and clenching her jaw, pounding the table, and acting out in ~ other ways. Ms. Herold also notes that after each of Marilyn's visits, Mildred ~,"~ refused to eat for between two and three days at her normal levels, and that Mildred has lost approximately eight pounds in the last six weeks. Ms. Herold also states that Marilyn routinely exceeds her allotted four hours when she visits · Mildred, violating the Court Orders. (Herold Affidavit, Exhibit E). e. This Court entered its October 1 1, 2002 Order (on an ex parte basis at Marilyn's request) to allow Marilyn four continuous hours of visitation each week "without any restrictions, interference or supervision," thus giving Marilyn greater autonomy than the Pennsylvania Court's visitation order, which did not · address supervising the visits. Marilyn's conduct, however, did not improve. In compliance with the Court's October 1 1, 2002 Order, Sunrise staffkept its contact with Marilyn to a minimum during Marilyn's October 16 visit, while still trying to ensure that Mildred remained safe and well cared for. Nonetheless, Mildred's agitation dramatically increased when Marilyn arrived, as demonstrated by Mildred's continually clicking her jaw, pounding on the table, and telling Marilyn to "get away." Marilyn exceeded her allotted four hours by 45 minutes during the October 16, 2002 visit. (Herold Affidavit, Exhibit E). ~ 4 208~05/0001/532738/Version #:.2 5 ~3 f. Ms. Herold also states that Marilyn's visits have an adverse effect · on other Sunrise residents. Ms. Herold states that Marilyn's physically and .~ verbally abusive conduct with staff disrupts the peaceful setting which Sunrise ~, tries to maintain for its elderly residents, and that Marilyn's conduct has forced I" Sunrise to move scores of residents to other areas of the facility to prevent them PO from becoming agitated because of Marilyn's conduct. Ms. Herold also states 0 that Marilyn's visits distract Sunrise's staff from providing necessary care to other residents. (I-Ierold Affidavit, Exhibit E). 5. Attached as Exhibit H is an October 15, 2002 report from Mildred's · psychiatrist, Dr. Pauline Wiener, regarding the effect that Marilyn's recent visits had on Mildred. Dr. Wiener, who has treated Mildred since March 13, 2002, expresses her concern about the "profound affect" that Marilyn's visits have on Mildred's psychological state, and notes that Mildred's "emotional upheaval from these court- mandated weekly visits significantly undermines whatever progress we might be making · with her medication treatment." Noting Mildred's fragile state of mind, and the "clear ne, gative impact that the weekly visits have on her health," Dr. Wiener urges that the i Court discontinue visits for a period of eight weeks, and states that if Mildred's condition ~ stabilizes, then Dr. Wiener would be inclined to agree to resume visits by Marilyn. t (Exhibit H). ~ 6. This is hardly the first time that Marilyn's conduct has required ·. I involvement by courts and law enforcement officials. Attached as Exhibit I is Mildred's i Verified Complaint against Marilyn filed in July 1998 in the Court of Common Pleas of · 1i Cumberland County, Pennsylvania, alleging that Marilyn intruded upon Mildred's ·: 5 208505/00011532738/Version I/:.2 6 ~ solitude and seclusion and by placing Mildred in a false light. Frederick urges the Court · to read Mildred's Verified Complaint to become familiar with Marilyn's past behavior. .~ 7. On December 28, 1998, the Court of Common Pleas of Cumberland % County, Pennsylvania, upon Mildred's motion, enjoined Marilyn from making any .', contact with Mildred, visiting her, from stalking, harassing, or attempting to meet "~ Mildred, and from making false statements about Mildred which place her in a false light. *) (Exhibit J). ; 8. Attached as Group Exhibit K are a series of police complaints and related ', notices regarding Marilyn's conduct. · 9. Attached as Group Exhibit L are a series of handwritten letters by Mildred which, among other things, express Mildred's desire that Marilyn have no involvement in her medical care, to keep Marilyn away fi.om her, and Marilyn's misappropriation of Mildred's funds. 10. Frederick and Sunrise wish to emphasize to the Court that they do not seek O a permanent ban on Marilyn's visits with Mildred. Rather, in light of Marilyn's conduct at Sunrise as described above and in keeping with Dr. Wiener's medical recommendation, Frederick and Sunrise urge that the Court suspend Marilyn's visits for a ~, period of eight weeks, and that the Court then obtain from Dr. Wiener an updated recommendation regarding the appropriateness and any limitations on future visits by ' Marilyn with Mildred. 11. Residents of assisted living centers such as Mildred have the right to ~ respect for their bodily privacy and dignity at all times, the right to privacy with regard to · ! visitors, the right to live in an environment that supports their dignity, privacy, choice, · ., 6 208505/0001/$32738/Version #:.2 7 ~3 and to be treated with consideration and respect, and the right to exercise free choice in · selecting activities, schedules, and daily routines. Assisted Living and Shared Housing ~ Act, 210 ILCS §9/95(3) and (5); Assisted Living and Shared Housing Establishment ~-. Code, 77 II1. Admin. Code § 295.6000(1)(2)(3) and (17) (attached as Exhibit M). ~o Marilyn's conduct in preventing Mildred from going to the bathroom, photographing her in the nude while Mildred sat on the toilet, climbing into bed with her, her preventing fi'om eating dinner at her regularly scheduled time, and other inappropriate conduct violates these rights. 12. In addition, Mildred has the fight to direct and negotiate her care. 77 Ill. · Admin. Code §295.6000(6) (Exhibit M). Mildred's psychiatrist, Dr. Wiener, believes that suspending Marilyn's visits for eight weeks is imperative. (Wiener Report, Exhibit H). 13. As plenary guardian, Frederick must speak for Mildred because she cannot speak for herself. As Mildred's caregiver, Sunrise must protect its residents from harm. · Frederick and Sunrise urge the Court to consider how Marilyn has violated Mildred's rights as described above, and modify the existing visitation order in keeping 'with Dr. Wiener's recommendations. · 14. Section 5/! la-14.1 of the Illinois Guardianship Act prohibits a guardian from separating his ward from other family members "unless such removal is necessary to prevent substantial harm to the ward. 755 ILCS §5-11a-14.1. Frederick submits that : this statute authorizes the Court to give Frederick's position substantial weight under these most peculiar and unfortunate circumstances. 208505/0001/532738/Version #:.2 8 WHEREFORE, Frederick E. Gerber, II, as plenary guardian of the person of Mildred Gerber and Sunrise Assisted Living of Glen Ellyn request that the Court enter an Order suspending Marilyn's visits with Mildred for a period not to exceed eight weeks, L, and requiring Frederick to obtain from Dr. Wiener both a report on Mildred's condition ,', and a recommendation regarding the appropriateness of continuing Marilyn's visits, and '!.) limitations on those visits, with Frederick to file such any report with the Court no later ~ than eight weeks from the entry of the requested Order. FREDERICK E. GERBER II, AS PLENARY GUARDIAN OVER THE PERSON ~~M~ER ~)ne of his attorneys ,, SUNRISE ASSISTED LIVING OF GLEN ELLYN 13'ne of its att°meys Robert K. Neiman Sachnoff & Weaver, Ltd. 30 South Wacker Drive, 29th Floor Chicago, Illinois 60606 (312) 207-1000 ' Counsel for Frederick E. Gerber, II Matthew Murer Jason Lundy · Schiff, Hardin & Waite 233 S. Wacker Drive t Suite 6600 ,. Chicago, IL 60606 (312) 807-1000 · Counsel for Sunrise Assisted Living ' of Glen Ellyn ~. 8 2 09 50 51OOO l / 5 3 2 7 3 8/V ersion #:.2 AFFIDAVIT I, Robert K. Neiman, being duly sworn, state on oath as follows: ,-~ 1. i have personal knowledge of all facts contained in this Affidavit, and can testify ~..~ truthfully to those facts if called upon as a witness under oath. I 2. I am counsel for Frederick E. Gerber II, as plenary guardian over the person of '"-~ Mildred Gerber. ~ 3. The attached Motion to Modify Visitation Order constitutes an emergency because of the harm to Mildred Gerber which results from visits by her daughter Marilyn. · I have conducted a good faith examination of the facts and law, and conclude, as an officer of the court, that valid grounds exist for the requested emergency relief. 4. For similar reasons, I believe that valid grounds exist for entering the requested relief on an ex-parte basis. Based upon my good faith investigation of the facts, Marilyn · Gerber does not schedule her visits with Mildred Gerber in advance. Providin~ Marilyn Gerber's counsel with notice of this Motion would provide Marilyn with an opportunity to again visit her mother and add to the harm described in the attached Motion. SUBSCRIBED 6ND SWORN TO · before me, 2002, · Notai~i~lic j OI~iClAL Sg-AL ' ! ~ ~OTAa¥ PUSUC S~'AT~ o~: ~mNO~S I ,a I M~ COMM~mON m'. M^~t m~ I 10 AFFIDAVIT l, Jason Lundy, being duly sworn, state on oath as follows: 1. I have personal knowledge of all facts contained in this Affidavit, and can testify truthfully to those facts if called upon as a witness under oath. 2. I am counsel for Sunrise Assisted Living of Glen Ellyn. 3. The attached Motion to Modify Visitation Order constitutes an emergency because of the harm to Mildred Gerber which results fi.om visits by her daughter Marilyn. I have conducted a good faith examination of the facts and law, and conclude, as an officer of the court, that valid grounds exist for the requested emergency relief. 4. For similar reasons, I believe that valid grounds exist for entering the requested relief on an ex-pane basis. Based upon my good faith investigation of the facts, Marilyn Gerber does not schedule her visits with Mildred Gerber in advance. Providing Marilyn Gerber's counsel with notice of this Motion would provide Marilyn with an opportunity to again visit her mother and add to the harm described in the attached Motion. Jas~(Lundy SUBSCRIBED AND SWORN TO before me, ' 2002 Nota~lPublic - OFFICIAL SEAL I ~'tS'r^L L t:~O~m, Il IN THE SUPERIOR COURT OF PENNSYLVANIA MIDDLE DISTRICT NO. 702 MDA 2002 IN RE: APPOINTMENT OF GUARDIAN OF MILDRED J. GERBER, An Alleged Incapacitated Person Marilyn Jo Gerber, Appellant I Frederick E. Gerber, II, Appellee , Mildred J. Gerber, Appellee · Jane Heflin, Appellee J PNC Bank, Appellee ~. BRIEF FOR APPELLEE FREDERICK E. GERBER, Ii ' Appeal from the Order of Court of Common Pleas, Cumberland County · Orphans' Court Docket No. 21-01-92 Richard C. Rupp, Esquire Rupp and Meikle 355 N. 2 l't St., Suite 205 Camp Hill, PA 17011 717-761-3459 Attorney for Appellee, Frederick E. Gerber, II 3.3 "~ Carlisle, PA, and Dr. Cadieux, a board-certified geriatric psychiatrist (R. 77a). .~ Mildred Gerber was observed by her son and Dr. Cadiuex to have a ~ degenerative decline in her mental and cognitive abilities (R. 76a, R. 30a, R. 21a). '". Dr. Cadieux testified that Mildred Gerber was suffering from senile onset ' dementia which was most likely a combination of vascular and Alzhelmer's-type (R. ~ 19a). Dr. Cadieux testified that upon reassessment at a later date, Mildred Gerber · was having continuing decline, not only in terms of subjective clinical assessment, but as documented by other tests including a Mini Mental Examination which he testified continued to deteriorate (R. 21a). In fact, on Mildred Gerber's Mini Mental Examination at Dr. Cadieux's last assessment on October 3, 2001, Mildred Gerber scored 11 out of 30 indicating a severe impairment of her cognitive abilities (R. 21a). · Dr. Cadieux testified that Mildred Gerber's prognosis would not be that she ' would become better but she will experience a progressive decline (R. 21a - 22a). . Dr. Cadieux recommended that Mildred Gerber have a Guardian of the Person appointed for her care, care-taking and benefit (R. 22a). Dr. Cadieux testified that Mildred Gerber has major deficits in terms of perceiving information, processing · information and recalling information (R. 29a - 30a). Mildred Gerber's visual and verbal memory are quite impaired, her attention and concentration are impaired, her psycho-motor skills are impaired and her ability to understand her ability are all severely impaired such that Mildred Gerber's ability lo carry through with her activities of daily living are seriously impaired (R. 30a). Consequently, Dr. Cadieux · ! testified that Mildred Gerber's ability remain safe is impaired, especially if Mildred : 8 Gerber were to be stressed or placed in an emergency situation. In an emergency, Mildred Gerber would be disabled in discerning what would be right, wrong, corred, incorrect, in order to remain safe (R. 300, R. 31o). Mildred Gerber was noted as being present in the Courtroom when Dr. Cadieux asked if Mildred Gerber was present, as Dr. Cadieux informed the Court that the overall testimony could be very disturbing for Mildred Gerber to hear (R. 380). The Appellant did not call Mildred Gerber as a witness despite being advised that Mildred Gerber was in the Courthouse. Atty. Jacqueline Verney was present to represent the alleged incapacitated person, Mildred Gerber. No party called Mildred Gerber as a witness and Jacqueline Verney did not call Mildred Gerber as a witness. The Appellant Marilyn Gerber testified that more than likely at this time Mildred Gerber needs a Guardian (R. 1900). Dr. Cadieux testified that Mildred Gerber informed Dr. Cadieux that Mildred Gerber had difficulty with one of her children, her daughter, Marilyn Gerber, and that such difficulty was very troubling to Mildred Gerber (P,. 200). The caretaker, Millie Scott, testified that it would be much safer for someone to prepare Mildred Gerber's meals (R. 510). Millie Scott also testifed that Mildred Gerber does not want Marilyn Gerber back in her life (R. 53a). The Orphans' Court filed its Opinion and Order of Court on December 21, 2001, attached hereto, that Mildred Gerber was born on November 9, 1914, she was age eighty-seven (87), her legal counsel, Jacqueline Verney, for Mildred Gerber, 9 · IN FIE: APPOINTMENT OF A '. iN THB COU~r'T 0I= COMMON PLE.&G OF .~ GUARDIAN OF THE PERSON OF , CUMBERLAND COUNTY, PENNSYLVANIA +.~ MtLDP, ED J. GERBEI~ t/% : 21-01-g2 ORPHANS' COURT RI;FORE BAYLEY.J. _~RDER OF COUR~ AND NOW. thio _'q~'%~"- dey of December. 2001: (1) ~eflCK E. Gear, II, ~ appaln~d plena~ gua~lefl of ~o~u~d in Oou~mom Number 2, Cum~erlan~ Ceun~ I' Penneylva~la, a~ 2:30 p.m., Monday Janua~ 28, 20~2. ~all ~ Mildred J. Gerber pmeent ~r the t~klng ? Edga~ B. Ba~ey, J " - Received 21-D.c-01 IG~IB From-717 24~ ~11 To-HQDA$$ DIRECTOR OPER P~e Gl · 2'1-01-g2 ORPHANS' COURT RiGhard C. Rut)p, EBcluire · For Frederlok E, Gerber, II Fc)r Marl~n Gerber jm=:lUellrm Verrmy, E~qulre · .. , For Mll~lrl~ J. Gerber R.c~iv.d 21-Dec-01 15~15 Fra.-?l? 24~ ~51E To-HQDA$C DIRECTOR OPER Pa~ 02 18 IN RE: APPOINTMENT OF A : iN THE COURT OF COMMON PLEAS OF :~ GUARDIAN OF THE PERSON OF : GUMBERLAND COUNTY, PENNSYLVANIA 'n MILDRED J, GERBER : i~ : 21-01-92 ORPHANI3' COURT IldRE'. DF_~iTIII~N leC~R THE APPOIN~JII~NT,~F A (~UARI'~IAhl C)I" THE PERBON ~F IMILDRInI~ J. GERBEI~ ~ IBEF~Rn' ItAYL~Y. J. ' o. N,o. A.. O_RO . OF COU.T Elsyley. J.. D~embe~r 21. 200¶ :- On SspLomber 5, 2001, Frederick E. Gerber, Il. filed a petitlen seeking an order appointing him guardian of the person of hie mother, Mildred J. Gerber. Mildred Gerber, ego ~T, Was Dorr~ on November 9. 1914. Her huebend, a retired United Army Officer. died in February, 1908. Mildred Ge~er continues to Jive in her msritel home In New Cumberland. Cumberland County. Hosting= wore conaucted on October 6 and Dm~ember 1 ~, 20(]1. Through her couneel. Mildred (~arbe; eupDorta the appoin'aTtent o! FreOerlck Gerber as her per, anal plens~ guareilan. ,The petition Is I supported Dy Mildred's daughter, Jane Hefllrt. It Is opposed by MIId~'OCt'e other child, Marllyn J. Gerber. On March 22, 200~. this court appolnteel PNC Bank a~ the olena~y guardian OI the estate of Milclred J. Gerber. That appointment followed hearings on th~ petition of Frederick Gerber, atld, like the witl~ln petition, was ol~poeed by Mariiyrt Gerber. In support r~f the o~or, we entered the fallowing flncllngS: · Received 21-9ec-01 IG:t6 ;rmn-717 24~ ~$10 To-KDASG DIRECTOR OPER PGSe 03 21-Q1-92 ORPHANS' COURT (~) Mltd~ J, Oe~or, bom November 9, t914, au~ from . dementia that Impll~ her cepiol~ ~ make and ~mmunl~ta d~81on8, [Z) Her ~11~ to ~No and ovaluaM I~lon ~ve~ one ~mmunl~te =oclo~ la Impaired ~ 8uoh 8 significant e~ant that the to~l~ unabb to menage her flnanolal mB0U~. (3) ~e estrangement baleen ore of ~er 6eughtam and her o~r da~hter a~ eon, and ~ oubulanflfll aa~ In her eamm, ~oqulm8 e~oln~nt of a ~o~ gue~ian. ' (4) A pIo~a~ gus~ian of t~ e~a~ 18 ne~aw b~uso In~pa~ Is po~oneflt. (5) ~e gun~lanshlp muot bo ~ an untlmlted pe~d,~ In ~e eu~nt p~eding, Ro~ J. ~d~ux, M.D., ~e is boa~ ~B~ In geriatric psyching, teet~ that ~e ~d condu~ a co~ro~onalvo assessment p~r to t~o pro~edings In Ma~, 2001. For tho cu~nt peatlo~, he roo~mln~ Ml~r~ Gerber In O~ober, 2001. ~t March, Or. Cadleux'o diagnosis Mildred Ge~er was senile =e~m~, probable m~ure of vascular and a~elmef8 type. HIs ~ent d~gnoal5 b the same, Ho found ~r cognltlve Impairment lB uavare, and she h in ~nfinulng decE~. His p~nos~ t8 ~r a ~mg~slve d~ine. Ml~re~ 18 ~klng a pmeG~ptlon drag for dop~lon, and a p~pff~ drag deNgfled ~ Blow · e progress of nar dementia. Th8 dosage of the later drag was doubled, after u~ foil and ~u~ ~o ~p8 In N~embor, 2001, Mildred G~(s ~ndl~n 18 being monEomd by a ~al wo~er in the offi~ of Dr. Ca~loux, who s~e we~ko. Prat to N~m~r, 2001, she had ~fl r~Nl~ ~2 hour 8 day ogen~ In- home ~. Sin~ ~ fall, she m~lvea ~ h~ 8 a~ aoonoy I~ome ~ No appeal was ~fl ~om this o~er, ', Received 21-DocoOt 16:16 Fram-717 243 3518 To-HGDA$$ DIRECTOR OPER Pqe 04 O' 2'1-01-B20RPHANR' COURT Cadle~c'a ourrant aaaeaemertt i! consistent with our prior finding that Mildred d. Oefeer II pllflqlllll~tly Illoalaar, ltlltecl, Her lack of ability to receive and evaluate llqforrnatlnn effe;tlvely, or to adequately ~mmunloate clact~lone and Gars f~ar herself, end the :~ permanent nature ot' her ~anditlon. roelUlma Sat o plet~a~y guanlla~ of her per,on, be ~.i..~ appointed for an unlimited period.~ . ~) Martlyn Gorbor opposes the alapoirffment of her brother es guardian o~ the '~'~ paean of Milamd Gerber. She suggests that she be a~polnted, or attematlvely, aha be · appointed co-guardian with a guardianship ea~e agency, or alternatively, that a guarcliansttlp care agency be appointed sole personal guardian. On January 21, 2001, t Mildred d. Gerber nominated hot sort Fre~leriek Gerber, a~ her durable power of attorney. The Legislature has provided at 20 Pe.O.&. 8action 51ill(f), that'The court may appoint as guardian any qualified individual .... If appropriate, the court shall give · ~ On DeOember la, 2001, the day of the see, and hearing, aM a month an~l a her after Dr. Cadieux testlfleel an O~ot~er 8e. Marilyn Gerber flied a petition seeking on orear nar an inclepondant medical examination at' MIIdree Ge?oar. We denied the petition because there la Gte:at end aonvlnGlng eviclanee that MIIdreCI Gerber Is Incapeoitatecl, that her oonclltlo~ ia petrrmnent, and [hat her oortditican hag datertorated from when we f0UtlCl her Incapaoitetecl on Maroh 22, Z001. There hi no abuse al~owrt for an independent eveluatlQn under 20 faa.O.8. § 6B'l 1 (ct). Received Zl-0ac-01 Ia:IS Frae-717 743 3SI8 To-HQDASG 01RECT01~ 0PER Pale 05 21-01-62 ORPHANB' COURT prel~ren~e ~o a nominee at' the Inc~pacJ~d pemon."~ Fmdefl~k Ge~er ia Operations for t~e Army 8u~oon ~neml. He i~oa In ~ndflg, Vi~lnle. which iea ~hour drive from N~ Cumhe~nd. He or his sls~r Jane ~ee their mother on mo~t ~nds. Mildred Oer~r'~ pdma~ Ho~pI~I In Carlisle. MIIdrea Garners medl~l ~re has been pr~lded through U.~. . A~y medical facllltlo~ =ln~ 103~. Ma~lyn Germ, a numa, e~ at the ~ual~ of ~i~ ~m. To ~na ~n~a~.. F~aflok Garner h~ ~an to hl~ me, er h~vlng re=elveS 8ound ~d~l ~m ~r her va~ ~l~ba. Mlldm~ Gear Is in de~nt h~llh given her age and her increasing fmll~. ~er sp~lng several days in a hospRal i~ November foll~lng her rib ~c~me, w~h resulting pneumatho~ ~ ~ pre,crl~d ~ur w~kB ~ J~om= phyeical ~empy. ~he mad= a ~p~ mGove~ In ~o ~eks. ~o the la=t ~ wea~ ~ t~erapy were ~11~. U~unato~, Marilyn Gerber ~ Ca.hOed from her b~her F~e~ok, and ~loter Ja~, MIlO~ ~rber has to~ d~o~ by ~r dangler, T~ ~1~ evlden~ wa~s giving prefem~e ~ her ~mlnee. Freaerl~ Get. r, as her pemonal guar~ian, It I~ ~ hope ~ ~ntaln Mildred * ~e Ponnaylven~ ~b~ O~o ~ 20 P~O.~. 50~(0)(2) pmv~OO; A p~nc~al may nomln~, by a aumble ~ or his ~mon ~B pdn~porg m~ or pm~n ore ~mfler ~men~. ~ ~d ~hall make I~ appellant In a~an~ wl~ ~o principals moat ~nt nomln~In In a dumb~ p~er of aEom~ ~pt ~r go~ ~ or dlsqualifl~n. · E Received 21-Dec-01 16:15 From-717 243 3516 To-HQDASG DIRECTOR OPER Fnle 05 21-01~ ORPMANS' COURT In ~r ~n ho~, au she desires, for aa lone aa feasible. Frederick Oor~r la qualified M bo pemoflel gun.lan, and by his ~ndu~ has shown ~at ~ b cummi~ to ~ mother's well. sing fM ~o time oho hn remaining. ~ ore ~mpiololy eetl~ee ~nat he will fu~ll hie guardianship duUe8 In a~oManm ~th ~8 ~ 8~ ~ beet I~e~t of h~ / On ~mber ~9, 20~% ~e day ~ lbo se~fld hea~, Medlyn Oe~er p~klo~ Yet eocene/ ~~ ~r me.or. Uarl~n Oerber lives ~ N~ Cumbe~fld, a~d last saw her ~ther o~nua~ 14,200~mde~ck Gerber ~ed that he ~11 allow h~ sister to see her, but that ~er ~t~er has sal~ ~t aha a~ n~ want to ~ ~rilyn. ~e m~he~s ~orney is opp~ed to Mari~'~ eool~ her mothm. ~la issue ~ aoeeaa to eR Ino~acl~ted aduR ia a different Iss~ then t~ Of i~paci~, and the na~ ~ ~e opponent ~ the gua~lan ~ the pem~. There should not be a ~ntlnuoua a~ upseffing a~emaflat relationship that ~ ~ntra~ tg ~e In~Ea~ pemon'a beat in~ms~ bower, a well-meaning des~a on ~e pa~ at a chl~ to see ~er ~tner s~oula not ~e ~carded ligMly. ~e ~ ~ ~eh, 437 Pa. 8u~r. 187 [1~1. Having now app~n~ F~erl~k Gerber aa his m~et'e plena~ pemenat .gu~r~ian, we ~nsieer E hts duty to ~ll ~ls mo~er ~t MaH~n ~n~ to ~e ~r, ~ oo~nua~ dateline ~ aha wishes to eeo her~ and E at any fl~ she d~s, to nofi~ Me,Nh and all~ a~es. No one ~lled Mitred G~ber as a ~eaa. 'O~n the d~, b~n MoUrn and her mother, erie up~ tefle~, we am heslmm to ~ a d~aion on this lest min~ pecan ~r ~ wl~e~ Mildred Genera t~mony. ~ Received Zl-Oec-O! 16:1S From-Tlr Z43 3518 To-I~DASG DIRECTOR OPER Pan 07 31~I~30KP~N6' ~OURT want ~ l~oole her unde~tandlno of the ~uat~n, whet her wishes am. whaler am ~1, ~ she remaln~ oppo~fl ~ ~.elng Mari~, an~ If she done, w~ther ~ng auoh B~6 ~uld be In ~of boat Intef~t, We ~ ~ls e~ ~ some heslmt~n becau~, t~on ~e ~6timony of Miid~ ~er In the p~edlnoi for having epp~ment of a gua~ian of haf estate. ~ ~ that ti will be ve~ dl~cufl for will undoubtod~ m~ 1~ ~ldemble anxle~. Hope~i~, fl ~lt not ~u~ In ~ to her men~l ~n.' As sug~s~ In the Eeh~ ~ Hae~ch, we Wltl sohedule anther hea~no o~ the portion of Marilyn Gemer for a~aS to h~ mother. ORD~R OP C~URT AND NOW, t~ta ~ [~ day of ~mmber. 2001: (1) F~e,~ E. Oemer, II, I= a~o~ p~no~ gua~n ottne pe~o~ Mildred J. (2) A hearing on ~e ~tl~on of Msrl~n Gerber for e~eea to her mm~ar a~ll be ~ ARe/~ndumlng heafinge on ~o eepa~e da~, du~ng which MtMr~ Go.er preeent, a~ Immedlate~ a~r the m~ ~ clos~, ~u~el ~ MaTIlyn Go.or, a~ ~ brinkmanship, g~gesmO t~at ~ nestings am a null~ ~u~ Ml~r~ was not pmeenL ~e L~lela~m at 20 Pa.C.8. ~e~ 5511(a) has pmvided: ~ alleged In~ao=ltat~ pemen shall be present ~ the hea~ng (1) ~e ~u~ b e~fled, ~on ~e dep~Elon or ~at~ny ~ or sworn e~te~nt Dy a phyal~n or a II.need psy~g~t, that his phalli or me~! ~nd~n ~uta ~ he~ by h~ No ~aam~y w~ presented In ~b ~a~, yet nei~ Fr~e~ ~er. Ma~lyn Gear, or ~un~l for Mildred ~orber, sought ~ have Mildred Oe~er p~t. ~e ~nner In ~i~ Mefl~ ~ers ~unael mi~ ~la Issue, and ~e Men3yn ~e~s In~pa~y wee pmvioue~ Iffi~ In Ma~, 2001. ~e Received 21-Oec-OI 16:16 From-717 243 ;610 To-~DASG DIRECTOR OPER 2~-0~ O~PH~B' GOUST ~ ~ndude~ In ~u~oom Number 2. Cumber.nd Coun~ Cou~. ~dhle. ' i Pennuy~m~, .~ 2:aO p.m., Mon~y J~nu.~ 28, 2002. ~o guordlnn o~ ~ ~mon I ~ ohell ~evo Mildred ~. ~=~or p~sont ~ ~o Wklng of her ~utl~ny. ' '? · R~hard O. Rupp. Eaqulre Fer Fred~ E. Gear, II ~ta~l~ J,A. Laako~kl, E.quim For Marl~n Gerber dKq~flne Ve~ey, Eaqulm ForMIId~ d. e Received Z$-Oec-OI 16:15 Frflm-TIT 243 3516 To-HQDASG Dt~CTOR OPER Page CONFIRMATION PHONE ~: (7t'/") 2~0,6294 · RE: MIt. DRED J. GERBER FROM: JUDGE BAYLEY'6 GHAMBER8 NUMBER OF PAGE8 (INGLUDIN;3 THiS ONE): 10 Received 25-De¢-01 I$:1; ;;om-?17 24; 1;18 To-HQDASG DIRECTOR 09/27/2002 17:36 FAI 312 258 56~ SEW CHICAGO ~)004 ~p !~ 02 O~4~p CO~t~ah OHallorlfl · U~ a~Z-~:e-g6Z4 P'~ ~ R~ APPOI~ME~ OF A : IN ~E CO~T OF COMMON P~AS OF G~RDIAN OF ~E PER~N OF : CUMBE~O COUP. PENN~LVAN~ MILDRED J. GERBER : NO. 2t~1-92 ORP~NS' C~RT AND NOW, this ~ ~Y of De~mb~ 21,200~. it is ord~ ~ ~e ~al allow M~n ~er ~ vis~ w~ ~ ~er ~r four ~u~ Ma~yn Gerber ~n arm~e to ~ ~em ~t ~er EU~r ~ 8~Y, J. " For Er~d~ ~ Ga~r, I1 /J~cq~l~e M. Vem~, For Mi~ J. ~r ~ 5~nley J~ LasX~ ~ulm m ~~ I~ SEP 27 2002 ]7:37 ~[2 ~58 5600 PAGE. 04 09/27/2002 17:35 FAA 312 258 55~n SHW CHICACO ~JO02 2~c -'--"--- iN ~ ~RT OF ~ P~ OF IN RE: APPOI~ OF A CU~ O~. p~S~V~ GUARDIAN OF ~E pE~OM OF 0~1~ wi~aut a he~~ I , SEP 27 2002 ]7:36 312 258 5600 PAGE. 02 · oct ;Oct,22. 20,32= 5:32PM F~ To I, Miche~c Heml~ bcin~ d~y swo~ s~te o~ oath ~ follows: 2. I ~ the R~ence Coor~or for S~se ~ed Liv~g C~t~ ~ Glen coat,on. I ~te~t wi~ ~d obs~e ~s. ~ on a ~g~ b~is. zppm~aely five ~ions s~ce ~l~ed G~ bc~ li~ at S~se. ~ each of pmm~g ~ tablq md ~g ~ut in o~ way~. ~r each ofMmlyn Ge~er'~ ~i~, Gerber refused to cat fa benvc~ two and three days at her normal levels. Mildred Gerber has lost approximately eight poun~ izl the last six weeks. 4. Durin§ Marilyn :C_~rber's October 3, 2002 visit at Sunrise, I and other Suririse · s~ff members noticed MarilynlGerber talking on her cell phone in the three-season porch at . approximately 3:45 p.m. Bec~ e Mildred Gerber is incontinent and must therefore wear a diaper, I took this opportunity/o attempt tn assist Mildred Gerber to the bathroom to help ensure that she wa~ dry and clean. I ~d other Sunrise staff members began to walk with Mildred Gerber to the bathroom when l~larilyn Gerber quickly came bcsicle me and asked, "Where are you ~t4ng hefT' I told Marilyn Gerber that we wc~ talcing Mildred Gerber to the bathroom, and Marilyn C~rber stated that she ~ouM take care of this. I informed Marilyn Gerber that it was the : responsibility ofSunrise's staffto care for and toilet Mildred Gefoer. Marilyn Gerber anempt to · physically push mc out of thc ,way, and when this failed, she stood directly in front of Mildrexi ,[ OCT 22 2002 17:29 PleBE.02 OCT ;0ct.22. 2002= 5:32PM ¢~ TO: ee.No,f972, ss~P, 3 P,e3 32 G~ SO ~ we co~d not ~ her inW l~ barroom. ~ G~ would not move ou! of ~e ~y. ~e c~e ~g~ ~o~ my pl~e on Mil~ ~'s ~de while I w~t ~ get essence ~om o~ S~ ~ ~ I ~~ Mil~ Gezb~ w~ ~ h~ wh~lchair. . Afl~ a sho~ t~e, Mil~ ~ ~d M~I~ G~cr w~e assist~ ~s~s to ~c living mom ~ M~I~ ~ber con~u~ h~ ~sit We ~lep~ Colonel Fr~ Ge~er, Mil~d G~'~ ~di~, to ~om him of ~ incident. ~ he i~c~ m m ~1 the GI~ ~I1~ Police b~c ~ ~rb~ had re~s~ to allow S~se s~ ~c f~ Mil~ GeOg. Afl~ M~I~ Gerb~ ~w ~ ~e police ~d ~vc~ M~I~ quickly got up ~d r~ p~ the police ~d out ~e ~on~door. ~ told by ~c police to stop, ~c ~n~nu~ to r~. ~e ponce ch~ M~I~ ~b~ ~d cau~t up ~ h~ ~d se~ a ~p~ l~g ~ by S~e ~cn h~. ~ou~ M~I~ Gc~ ~v~ a ~e f~ili~ on Oc~ber 3, 20~ at 1:15 p.m.,.~c coun-o~g~ fo~-ho~r visit ~d not ~{~ly ~d ~fil 6:~ p~ ~er Mafil~ ~ber le~ S~sc ~~ly ~ ~ oppo~i~ 1o ~ ~1~ Oer~ to ba~oom. St~found her ~aper so~cd ~ ~n~. ~1~ G~er's re~ to ~low S~e's s~to assist Mil~ed ~rbg to ~e balm ~cmfo~ fom~ Mi~d G~er to w~ a ~nc-so~ ~er for ~c ~ainder ofMafil~ ~bg s~v~slt. M~lyn Ggbg's ~fio~ on October 3~ 20~ in/~crcd wi~ S~ise's abili~ to ~ f~r ~ldr~ ~b~. 5. D~ M~l~O~er's v~it to S~sc on S~t~bg ~, 2002, M~I~ ~g ' ~eg~ qu~fio~ng me reg~ ~1~ ~rbg's m~ c~e. I wld M~I~ G~ ~t I ~uld not ~sc~ ~is ~o~fion ~ h~ for privacy ream b~e she is not Mil~ ~rber's ~di~. Mgil~ G~bg b~e vgb~y abusive ~th me, s~fing ~ai ~cause she w~ ~l~g ~!~'s daughtei, ~e ~ ac fi~t to ~s iMo~oa. I ~ld her ~t ~ get ~is info~fio~ she need~ ~e ~'s ~v~ D~g ~e S~b~ 23, 2~2 ~t, I h~ P~6E OCT ,'0¢t,22. 2002; 5'33PI~F'R TO ; ~ae:N0'1972.E;9~P.:_4p.e4 33 Marilyn Gerber say to Mildred (~erbcr 'Wou would like to be b~..k home, fiEht? You would like to have your old priest visit, righ~t? Mildred Gerber did not respond to these qucstions. I then observed Madlyn Gerber tak~&.,"Mildred Gcrber's shoc~ and socks off. I asked Marilyn C~rber not undrms Mildred, and Maril21~ G~rber stated that de could read,ss her mother, became there .~ wa~ no~lfing mating that she couid not. Marilyn G~ber i~¢~me verball7 threatening to me. At .'.~'~ ~proximatel¥ 4:00 p.m. on Sq>t~'ab~r 23, 2002, Marilyn Gerber de~ided that MarilTn G~ber · i~ should take a nap in her bed. Marilyn Gerber transi'erred Mildred Gerber into the bed, a process that is difficult due tO Mildred ~erber's physical condition, and which should therefore be done by Sunrise staff, At approximaiely 4:~ p.m., a care mzuager entered Mildred Gerbcr's room to get Mildred Gerber ready for di,nrier whicl~ tmually begins at 5:00 p.m. The care manager informed me that when she ent~'red the room Marilyn Gerber was in bcd next lo Mildred Gerber, and requited 1~ additional mi,iuUm before getting Mildred Gerber up for dinner. I entered the room at approximately $ :00 p.z~,~. to assist Mildred Gerber into her wheelchair so that wc could move Mildred Gerber to the ~i~i~§ room. I observed Marilyn Ged~er i,~ bed with Mildred · Gerber. i told Marilyn Gerber that I intended to help Mildred Gerber into the chair a~d take her to the din~g room for dinner, ,and began doing so when Marilyn Gerbe~ put her arm over Mildred Gerber and refused to let me care for her. Mildred Gerber [old Mazilyn to "Stopl" and when I asked Mildred if she wa~ hungry, she appeared to indicate that she was. MarilYn Gerber threatened me thai ifI continued transfcni~ Mildred Gerber, she would sue me for abuse. I · then left the mom, leaving a c.~'~ c manager in thc ~oom to supcreise Mildred Gerber. Marillrn Gerber did ~ot allow us to trankfer Mildred Gerber into her wheelchair and take her to dinner until approximately 6:00 p.m. :This disruption in Mildred Gcrber's murine appeared to have an · adverse impact on Mildred C~.: er. Madlyn Gerber did not leave Sunrise until approximately · 'OCT 2~ aOOE 17:29 ~aGi.O~ 34 7) 6:45 p.m., 45 minutes past the fo.'ur-hour limitation on Marilyn C~ber's visits. Throughout this ~ visit, I noted Mildred Gerber cl~ching her teeth. ~ 6 On October 16, '~=002, Marilyn Gerber visiled Mildred Gerber at Sumise again. ~ Due to Marilyn Gerber's prior dl.'smplivc conduct, Sunrise staff kept its cxlntact with Marilya ~.0 Gerber to a minimum while stil~, ensuring that Mildred Gerber r~3ain~ safe and well ca~ed for. i -~ Mildred Gerber's agitation draz~atically increased when Marilyn Gerber arrived, as demonstralcd · by her continually clicking herj!aw, potmding on the table, and telling Marilyn Gerber to "Get away." Marilyn Gerber stayed in the a cihry approx~nalely 45 minutes lorkger than the four- hours allotted. · 7. Marilyn Gerber'~ visits also have aa adverse effect on other Sum4se residents. ', Marilyn Gerber's physically an{l verbally abusive coaduct with staffdi.~pts the peaceful setting which Su~,-ise tries to [ Gerber's ~nduc! to move soores of residents to otb areas of the facilit~ m pr~ent them from ~. becoming agitated because o£1~arilyn Gerber's conduct. Marilyn Gerber's visits distract · Sunrise s'taff from providing n :e~ssary care to other residents. .8. Mildred Gerber .~es not engage with Marilyn Gerber when she visim. When other members or'Mildred C~I~er's family visit, however, Mild_red ~¢r does en§a§e with t Mlc. helle I-lerold Subscribed ~and Sworn to befo]¢ me · this ,~ Z_~.__~ of October, 20Q2. OCT 22 2002 17:29 PAGE.lB5 OCT ~8 ~e~E 4:~5 ~ P~ ~ ~ ~ ~ ~I~ ~ ~. M~ ~, bow~, p~ ~ ~m ~~ ~ ~ to ~e ~ ~ ~b~ 3, 2~2, ~d ~ in ~ of M~ G~b~ ~~ ~ ~~ ~b~ h~ to ~ b~. ~ ~ ~ ~ ~t a c~a ~d beg~ ~ ~ ~e pic~ of ~ S~ ~ m~. ~or ~. S~ do~ not ~ pk~ m ~ ~ ~ ~ ~ii~ of~ ~. I ~~ ~ ~ p~hed me ~ ~ S~ ~loy~ o~ o~ ~e way, ~ ~se ~p~y~ ~ I~ lo/.0¢t. 22. :'~002e 5:33Phl 3].2 . .,, se,~o sm~ C~ZCA~O N0. 1972 P. 7 ~OO7 3 I 'OCT 22 2002 17:39 P~GE.~? ' OCT 22 2002 '17:30 P~GE.OB A1 ~ Pauline IL Wiener, Mn. S.C. ~ ...... 27W350 Highlak~'i~(~d · Room 240 · Winfield, Illinois 60190 ,~ Phone (630) 682-2746 · Fax (630) 933-1933 .~.1 · October ! 5, 2002 · l.~ 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 October 14a, 2002 visit with Ms. Gerber. my 4.) ! have been treating Ms. Gerber since March 13, 2002. She has diagnoses of dementia and depression. Over the last 6 · months Ms. Gerber's cognition has greatly deteriorated. And her depression has been somewhat "treatment-resistant." Ms. Gerber is currently undergoing treatment with Remeron (an antidepressant), as she did not respond to the initial antidepressant course with Zolofl. I continue to be very concerned about the profound effect that the visits with Marilyn (her daughter) have on Ms. Gerber's psychological state. Ms. Gerber's emotional upheaval from these court-mandated weekly visits significantly undermines · whatever progress we might be making with her medication treatment. Also available at my most recent visit with Ms. Gerber were a nurse (Micheile) from the Sunrise Assisted Living facility where Ms. Gerber resides, and Joan Jackson, the private duty social worker. They reported to me that Ms. Gerber continues to display increased anxiety during and after the visits between Ms. Gerber and her daughter, Marilyn. And the 8 lbs. weight loss over the last 6 weeks is relevant as well when their report of poor appetite over the 2-3 days after each of these visits is considered. ~ In summary I wish to indicate how fragile Ms. Gerber's overall state of mind is, and the clear negative impact that the weekly visits have on her health. I urge the court to discontinue the visits with Ms. Gerber's daughter, Marilyn. I make this recommendation with the simple goal of reducing unnecessary stressors on Mildred Gerber. It is important to emphasize how quickly Ms. Gerber can deteriorate from her present level of functioning, and how much these traumatic visits can hasten such a deterioration. At my 8-week follow-up visit, if Ms. Gerber's health stabilizes, then I would be inclined to agree with supervised visits with her daughter, Marilyn. Please call if any questions arise. · Sincerely, Pauline K. Wiener, M.D. 4 MILDRED J. GERBER, · COURT OF COMMON PLEAS OF Plaintiff · CUMBERLAND COLrNTY, PENNSYLVANIA v. : NO. MARILYN JO GERBER, ' CIVIL ACTION - EQUITY Defendant YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgement may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff· You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT oNCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Av4nue Carlisle, PA 17013 (717) 249-3166 44 , C:\Corel\Office7\WPDOCS\k~, ATES\GERBER\COMPLAIN.WPD Revised: July 17, 1998-9 I'~ MILDRED J. GERBER, : COURT OF COMMON PLEAS OF · Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA I · v. · NO. ~.., MARILYN JO GERBER, · CIVIL ACTION - EQUITY ' Defendant : · D COMPLAINT · COUNT I INTRUSION UPON SOLITUDE OR SECLUSION 1. The Plaintiff is Mildred J. Gerber, an adult individuai, residing at 623 Hilltop Drive, New · Cumberland, Pennsylvania 17070. 2. The Defendant is Marilyn Jo Gerber, an adult individual, residing at 42 Drexel Place, (Lower Allen Township), New Cumberland, Pennsylvania 17070. · 3. During the period beginning on or about January 15, 1998, and continuing to the present time, Defendant violated Plaintiff's fight to privacy and intruded upon Plaintiff's-seclusionr solitude and private affairs and concerns as hereinafter, set forth: 4. Defendant, without Plaintiff's consent, stated to the Harrisburg Hospital attorney, Richard · Seneca, and other hospital personnel that she was in charge of all family decisions for her ~ father, Fred E. Gerber, with respect to his illness, and she attempted to exclude the Plaintiff from decisions with respect to the health care of Plaintiff's husband, Fred E. Gerber. 5. Dele. ad. ant, _without-the consent~of P~laintiff,~ordered~treatment.of. hex:father, with:.herbaLteas; · drops, lotions and potions:-"' 6. Defendant; without.the consent of Plaintiff,~plaeednew.age crystais,pymmids, sticks, xocks, fir branches and'candles th~oughout~her--father!s:hospital:room~-:- ~, 7. Defendant, without the consent of Plaintiff, placed handwritten instructions to hospital i physicians, nurses and other personnel on the walls of Plaintiffs husband's hospital room , with demands for administering potions and lotions, and visualizing Plaintiffs husband's I spiritual health. '1 c:\CoreI\OfficeT\WPDOCS\E., ATES\GERBER\COMPLAIN.WPD Revised: July 17, 1998-9 4 5 8. In February, 1998, at a Harrisburg Hospital physician and staff conference, including Dr. Cummings, the physician in charge of Plaintiffs husband's, care, and Mrs. Nancy Duffy, Nursing Supervisor, Colonel Fred E. Gerber, II, Plaintiff and Defendant, Defendant continually~.., interrupted the discussions so' thatit was difficult for the-Plainfiffto make proper dems~ons for the medical treatment of her husband. 9. Defendant attempted to interfere with funeral arrangements which had been made by the Plaintiff for her husband and without the knowledge or consent of the Plaintiff instmcted~the. funeral, director to place feathers, beads and pottery in the Plaintiffs husband's casket, · 10. Defendant took the garage door remote control opener from the Plaintiffs residence at 623 Hilltop Drive, New Cumberland, Pennsylvania, without the Plaintiffs knowledge or consent, and despite demand by Plaintiff, it has not been returned. 11.Defendant deprived the Plaintiffofthe use of Plaintiffs automobile for a period of six (6) weeks before the funeral of Plaintiff's husband, despite objections from the Plaintiff. 12. Defendant, prior to the funeral of Plaintiffs husband and without knowledge or consent of Plaintiff, removed the Plaintiff's car from the Plaintiffs residence at 623 Hilltop Drive, New Cumberland, Pennsylvania, and refused to return it. 13. Defendant, without consent of Plaintiff, forced her way into Plaintiffs residence at 623 Hilltop Drive, New Cumberland, Pennsylvania and in front of Plaintiffs family members accused Plaintiff of killing her husband. 14. Because of Defendant's attempts to interfere with funeral arrangements which Plaintiff had made for her deceased husband, Plaintiffhired a security guard to attend the funeral and the interment. 15. 'Defend~t disrupted the funeral services for Plaintiffs-husban&by-firing~a:shot 'into:the:air~----~ from an, honor guard's rifle at an inappropriate time, withoutthe:consent-ofPlaintiff.,, 16. Defendant removed personal letters and other personal documents from Plaintiff's residence at 623 Hilltop Drive, New Cumberland, Pennsylvania, without Plaintiffs consent and refused, and still refuses, to return them. 17. Defendant tape recorded personal conversations with Plaintiff anc~ photographed-personal letters and documents of the Plaintiff in the Plaintiffs residence at 623 Hilltop Drive, New Cumberland, Pennsylvania, without Plaintiff's knowledge or permission, 18. Defendant visited PNC Bank, stockbrokers and others, and stated that she was the Gerber family decision maker and they should take her orders in the future with respect to her father's property and her mother's property, without the knowledge or consent of Plaintiff. 2 C:\Corel\Office7\WPDOCS\_ ~ fATES\G ERBER\COM PLAIN.WPD Revised: July 17, 1998-9 46 19. Defendant, without the knowledge or consent of Plaintiff, scheduled Plaintifffor an MRI in order to try to prove Defendant's allegation that Plaintiff had a stroke and was mentally incompetent. 20. Defendant badgered Plaintiff in an attempt to gain control over Plaintiff's checkbooks and other assets. 21. Defendant told Plaintiff she would take legal action to be appointed Plaintiffs legal guardian, because she said Plaintiffwas incompetent. 22. After the Plaintiff's husband's funeral, Defendant-~made almost,daily 'telephone calls-to, Plhintiff-and threatened to tell relatives, friends and' others of an incestuous relationship between Defendant's father-and' Defendant unless Plaintiff deposited $8,000 in tht" Defendant's bank account 'by May 5, 1998. 23. In.the.telephone calls to Plaintiff, Defendant demanded use of Plaintiffs car and money bom P~ihtiff and accused Plaintiff of killing Plaintiffs husband. 24. Defendant called Plaintiffs car insurance agent for information about Plaintiffs car insurance policy and instructed that Defendant be added to the policy, without the knowledge or consent of Plaintiff. 25. On or about March 13, 1998, Defendant entered Plaintiffs residence:at 623 Hilltop Drive, Ne~'Cumberland, Pennsylvania, without invitation and stated she would not .leave until Plaintiffpaid Defendant $2,000. Plaintiffgave Defendant $2,000, and threatened to call the police on March 15, 1998, in order to persuade Defendant to leave the Plaintiff's residence. 26. Because of the incessant telephone calls by Defendant to Plaintiff, as set forth above, ' Plaintiff installed a private telephone line with an unlisted telephone number and installed an answering machine on Plaintiffs listed telephone line. · 27. Plaintiff installed new locks and security devices on her residence at 623 Hilltop Drive, New Cumberland, Pennsylvania, because she believed, from the Defendant's past actions, that the Defendant would attempt to break into the Plaintiff's residence. 28. Defendant-told,Rlaintiff::th..a_t:Defendant- telephoned_P_laintiffs, friends .and- neighbors .and] · discussed.private family mattersrincluding.an incestuous:relationship between Defendhfit and:her father. - 29. At the Plaintiffs residence at 623 Hilltop Drive, New Cumberland, Pennsylvania, on March 14, 1998 and March 15, 1998, while Plaintiffwas having private telephone conversations with her son, Fred, Defendant listened on a telephone extension despite Plaintiffs demands to Defendant to stop listening and hang up. 3 · C:\~orel\OfficeT~WPDOCSL .'ATES\GERBER\COMPLAIN.WPD Revised: July I ?, 1998-9 4 ~ 30. On June 20, 1998, Defendant sat down beside Plaintiff in St. Theresa's Church in New Cumberland, without the consent of Plaintiff, and hugged Plaintiff excessively and held her hand during the Mass despite Plaintiffs orders to Defendant to stop. 31. On June 20, 1998, Defendant followed Plaintiff into the parking lot of St. Theresa's Church where Plaintiffs car was parked and stated to Plaintiff that she was coming back to the Plaintiffs residenc, e with Plaintiff. Plaintiff objected but Defendant insisted on coming to the Plaintiffs residence with Plaintiff. Plaintiff then told Defendant that her son, Fred, was at the residence at 623 Hilltop Drive, New Cumberland, Pennsylvania, which was not true, in order to attempt to prevent Defendant from forcing her way into Plaintiff's car and into Plaintiffs residence. 32. Defendant attempted to obtain the unlisted telephone number of Plaintiff from Plaintiff's grandson in Chicago, even though Defendant could call Plaintiffs other telephone line and leave a message. 33. On June 29, 1998, Defendant came to Plaintiffs residence at 623 Hilltop Drive, New Cumberland, Per,'~sylvania, at approximately 9:00 p.m. demanding to be let in. Plaintiff refused and ordered Defendant to leave. 34. On June 29, 1998, Defendant refused to leave Plaintiffs premises' and stated she planned to sit in front of the house until the Plaintiffopened the door. 35. On June 29, 1998, Plaintiff-called~the New:Cumberland~P. olice~who:investigated:and:found Defendant sprawled on her'back ih tti6 front yard'ofPlaintiffs'residenee ist623-HilltopDrive, Ntw Cumberland, Permsylvanifi. 36. On June 29, 1998, the New Cumberland Police ordered Defendant not to come on to Plaintiffs property again. 37. On June 29, 1998, the Plaintiffs neighbors watched Defendant and the Police. 38. Defendant told Plhintiff that-she"would call:the.:Commanding-O~cer, of- Plaintiffs son," Colonel' Fred E. Gerber, il, and ruin his career ifhe.interferedwith~.the-I}efendant's intention-, to'live with the Plaintiff, obtain money fi'~m__the. Plaintiff,.anduse-the.Plaintiffscar... 39. On July 5, 1998, Defendant waited for ~md confronted Plaintiff at the end of the worship service at St. Theresa's Church in New Cumberland in the St. Theresa's Church parking lot, despite Plaintiffs efforts to avoid the Defendant. 40. On July 6, 1998, Defendant came to Plaintiffs residence at 623 Hilltop Drive, New Cumberland, Pennsylvania, at approximately 9:00 p.m., stating that she hadn't eaten in thirty- 4 C:\CoreI\Offic¢7\WPDOCS\L. ATES\GERBER\COMPLA[N.WPD Revised: July 17, 1998-9 I:~ six (36) hours, was still sleeping on the floor, and needed some milk. Plaintiff refused · Defendant admission to the residence but gave to Defendant her remaining milk and told ( .~ Defendant to leave or Plaintiff would call the police. ii.,. 41. On July 8, 1998, Defendant came to Plaintiffs residence at 623 Hilltop Drive, New '~2r:, Cumberland, Pennsylvania, at approximately 12:00 noon, crying, screaming and demanding ',·~' to be let in.,-I~, efe.nd .ant screamCdthat Plaihiiff killi~d.her h-u~bahd~F/~l g. Gerber, and that sfi~-had-told iieighbors, friends and'relatives about Plaintiffs husband's, Fred E. Gerber'.% ' ' sexu.al~abuse of the Defendant. t~ 42. On July 8, 1998, when Defendant refused to leave the Plaintiffs premises at 623 Hilltop · Drive, New Cumberland, Pennsylvania, Plaintiff called the New Cumberland Police Department for help. 43. The Plaintiff, because of the actions and conduct of the Defendant, sought legal advice and incurred attorneys' fees. 44. The Plaintiff is a reasonable person of ordinary sensibilities. 45. As a result of Defendant's conduct and actions aforesaid, the Plaintiff has lost sleep, has become apprehensive for her health and safety, has lost peace of mind, and suffers undue ! mental anguish, has become embarrassed, shamed and humiliated, and has suffered severe emotional distress. 46. Defendant's conduct and actions xvere oppressive, malicious, outrageous, extreme, willful, wanton, reckless and abusive for which Plaintiff seeks punitive damages. WHEREFORE, Plaintiff demands judgment against Defendant as follows: A. For an amount in excess of $25,000, plus costs and attomeys' fees; B. For punitive damages; C. For an Order enjoining Defendant from intruding upon the solitude or seclusion of Plaintiff; D. For such other relief as may be necessary or appropriate. '0 5 c:\Corel\Office7~WPDOCS\,_ . ATES\GERBER\COMPLAIN.WPD Revised: July 17, 1998-9 COUNT II PLACING OF PLAINTIFF IN FALSE LIGHT 47. Paragraphs I 2, hereinabove are incorporated herein the same as if set forth at length. 48. Defendant stated to Dr. Cmnrnings, Nurse Nancy Dully, Harrisburg Hospital Attorney Richard Seneca, Colonel Frederick E. Gerber, Il, and Jane Herin that Plaintiff was mentally incompetent and could not make decisions, which statements were private facts and false. 49. Defendant stated to Colonel Frederick E. Gerber, II and Jane Herin that--Plaintiff killed, Plfiinti~s :husband, Whi'ch statement was a private fact and false. 50. The matters set forth in paragraphs 47 and 48 above are not of legitimate concern to the public. 5I. The Plaintiff, because of the actions and conduct of the Defendant, sought legal advice and incurred attorneys' fees. 52. Plaintiff is a reasonable person of ordinary sensibilities. 53. Defendant knew or should have known that the false light in which she placed the Plaintiff would be highly offensive to a reasonable person. 54. Defendant had knowledge of or acted in reckless disregard as to the falsity of her statements and the false light in which the Plaintiff would be placed. 55. As a result of Defendant's conduct and actions aforesaid, the Plaintiff has lost sleep, has become apprehensive for her health and safety, has lost peace of mind, and suffers undue mental anguish, has become embarrassed, shamed and humiliated, and has suffered severe emotional distress. 56. Defendant's conduct and actions were oppressive, malicious, outrageous, extreme, willful, wanton, reckless and abusive for which Plaintiff seeks punitive damages. WHEREFORE, Plaintiff demand judgme, nt against Defendant as follows: A. For an amount in excess of $25,000, plus costs and attorneys' fees; B. For punitive damages; [ C:\Corei\Offic¢7~WPDOCS~ ATES\GERBER\COMPLAIN.WPD Revised: July 17, 1998-9 50 3'1 C. For an Order enjoining Defendant, by statements or ,~ otherwise, from placing Plaintiff in a false light; .[., D. For such other relief as may be necessary or appropriate. Respectfully submitted, RUPP & ~ By: ii Richard C. Rupp Attorney I.D. # 34832 '1 355 N. 21" Street, Suite 303 · Camp Hill, PA 17011 (717)761-3459 C:\Corel~OfficeT~WPDOCS~ ATES\GERBER\COMPLAIN.WPD Revised: July 17, 1998-9 I, MILDRED J. GERBE1L verify that I nm the Plaintiff above named and the facts set forth in the foregoing Complaint are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.$. 4909 relating to unswom falsification to authorities. '" 52 53 MILDRED J. GERBER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBE~ COUNTY, PENNSYLVANIA .. v. : NO. : MARILYN JO GERBER, CIVIL ACTION - EQUITY Defendant : ORDEROFCOURT AND NOW THIS ~> day of December 1998, upon presentation of the Petition of Mildred J. Gerber and upon hearing held on December 28a, 1998, IT IS HEREBY ORDERED: A. The Defendant Marilyn Jo Gerber is hereby enjoined and is prohibitted from making any and all contact with the Plaintiff, Mildred J. Gerber. B. The Defendant Mafilyn Jo Gerber is hereby enjoined and is pmhibitted from viSi.ting or attempting to visit Mildred J. Oerber's residence. C..The Defendant Mm'ilyn .1o Gerber is hereby enjoined and is prohibitted from following, stalking or harassing or attempting to meet D. The Defendant Marilyn Jo G~l:~r i~ hereby~enjoined and is prohibitted from making false statements about Mildred J. Gerber which place or may place Mildred J. Gerber into a false light or may tend to humiliate or embarrass Mildred J. Gerber. J' COMMONW~.ALTH OF PENNSYLVANIA NOTICE OF COUNTYOF[ C'ON~~ PREUMINARY HEARING 09 - 1- 01 COMMONWEALTH OF ~[,Bg &. Cblg~a~', O'R. PENNSYLVANIA ~ 1106 ~XgE.~ RO,lkD VS. DEFENDANT; ~M~'em AOO~ea~ ~o,,~,.,,¢717~ ~61-4940 17011 CG~, ~I~ ~O ~.0. ~ 215 1106 ~lgl RO~ Do~No.: ~- 0000257-98 13503 iiBIZ ~ NOTICE TO DEFENDA~ A compla~t has Oeen ti~ c~ing y~ w~h the ofle~e(s) set forth ~ ~ on ~e ~ac~ ~ of t~ ~mpl~nL A pmlimm~ headng on these ~ges hM ~en ~hedul~ foK 1106 ~~ ~ H ~u fail to ap~ar at the tim~ ~ pla~ able. a wa-a~ ~1 ~ ~su~ for your At the prelimina~ h~a~g y~ ~y: 1. Be represeme~ ~y ~unsel; Cross-examine ~sses a~ in~ ph~ic~ e~en~ oflere~ ag~nst ~u; 3. Call wil~sses on your behaff other t~n wit~sses to t~li~ to ~r ~ r~utatbn one, offer e~dence on your ~h~ a~ 4, Make ~en not~ ot 1~e proceeoing, or nave your ~un~l ~ so. or m~e a stenog~phl~ ' me~anical or electmn~ reco~ of the priding. U you ~nnot al~r~ to hire an a~omeV, one may be ~po~tbd.:o.~e~t ~u. ~ease ce~ the office of the disMct Justice for addltlo~l I~o~ation m~i~ t~ appoin~ent of an ~om~. !I you are disabl~ a~ require assistance, p~se con~cl the M~isterial Dlstri~ office et ~dress above. [I y~ ~ve any q~stions;oleAse ~11 the above off~ ~mm~m~. -,P~' - ' ~~:. / :'. 'w~.,,: My ~mmi~eion o~r.6 flint Mo~y'of Janus. 3OO= . ~' ' 'J~t D~ ~~s 7/30/98 C~~ ~= . ~PZ~S P~ ~ ~~ SI~~' T/29/98 AOPC doM~o:~amr or ~~v.~ . ~a~. POLICE co~.~xoF.. ~~ ~ C~~ CO~~ ~ ~ ~, 09-1-01 ~~.~ ~ A. ~ Jr. D~~: ~ 2~ ~o~et No.: = F='tZ= --- D~t ~'s O~e ~pr~d ~ D~pp~d ~ ~ H_ ~ r~ ~-z (06) ~ ~~ ~ ~ ~o2i~oo ~ I ~e ~ ~e ~ed d~n~ who ~ atto ad~ net f~ ~ I ~ ~ defen~t who~ ~me ~ nn~n~ ~ me b~o ~ i~b~ u ~I ~e ~e d~en~t wh~ n~e ~d pop~ d~gon or ~eknnm~ ~ ~ ~ m~ a~ whom I ~ve ~e~ore d~ ~ John Doe ~ ~ola~-~ ~e pe~ ~ ~the Cvmmonwe~ of P.nn~l~nln at 6~ ~ll~p ~ ~ ~ ., Co~ on or ~om 07/29~9.8. ~ 1411 ~ P~cip~ ~ (H ~re were p~p~ ~ce ~ek --~ here, ~pea~g ~e ~e of ~e ~l d~d~t) Thc ~ ~m~d ~e ~were: ~-~ it u~,~ ~ ~r ~roui~ ~6~. {~ ~ 18, ~ 2709, ~s~ ~)(2); ~. l~c) ~= ~. ~ ~ t~~ ~ ~ ~ ~i~ of ~]d~ ~ ac 623 (PA ~e 18, ~ 3503, ~-s~ (~) (1) (i); ~ 3~ ~ ~. ~)~,,t ~,~r:. CRIMINAL COMP~ I all of which were agnln~ the peace and dignity of the C~,,,,~ ~nwealtb ~p~,~.-ylvu,,i. and con~ra~ to the Act of A.~emb]y, or in v~tlou o~ ~. 2709 ~) (2) o~ ~a, PA ~ ~ 0 · . 3503 ~b) ~2) (~) oe -~- ~A ~ ~ o ~d belie[ TMB ve~on ~ple~d and vexed. '~~ CRIMINAL COMPLAINT Dmdr~t Nvmbm~. AFFIDAVIT of PROBABLE CAUSE MI~:~ G~ER ~$ ~ RE,c~/~' At~ ~ AT 623 '[:~J'~ ~ IN N~I' ~ ~ESPASSIN~ ~%t%'ES ~ ~ ~~ DI~9. ~ ~ ~ A ~ ~ ~ 1) ~ 02/24/~98 ~~ 08~0 ~, ~~ ~ ~ ~ ~~~ 2) ~ 06/~/~98 ~ 2~0 ~, ~~ ~ ~ ~ ~~ ~ ~ OP ~ ~ ~~~~'S D~~, ~~~ ~A A~. ~} ~ 07/~/98 ~ ~~ ~0 ~, ~ ~~~~ ~~ ~ Dm S~~. ~ ~ ~ ~ ~. ~Dm~ ~Y~ D~ I, ~ OR~ H. KAUNTM~ III ,NI~NGDULYb'WOENACOOP. DINGTO LAW. DEPOSE AND ~Y T~AT THE FACT~ ~'T FORTH IN ~ FOHEC, O~G AFF/DAVIT ARE TR~E AND COIt~ECT TO ~ B~ST OF MY KNowr .~GF~ INFOEMATION AND 9worn to me mud subscribed bet'm'e me this day of .19 COMMONWEALTH OF PENNSYLVANIA PRELIMINARY ARRAIGNMENT COUNTY OF: com~mLTam) NOTICE 09 - 3 - 04, COMMONWEALTH OF '~/OH~LB &. 1)T-~ . PENNSYLVANIA CH~XF -- (~HBI~LAI~ 9.D. I Doo~' No.: ~:)' O0000clg ' 9 8 Charge(~): S:2709 SSz32 ~.~t~emm~ Jam e,Z,~T.~=:ma .. You are hereby nmified thai a preliminary arTai0nment wilt be held in the above c~otioned ~as*e at the folowing time and pla~e: Time: 7:00 1~ kr~C~.~T/C~U~G, I~"1']055 At the preliminary armignmenL you will be given a copy of the criminal complaint that tree been filed against you. In sddltlon, you will be advised of your right to counsel, your right to a prefiminepj hearing, and the amount anti type~ of bail available if your offense is a bailable offense. At the preliminary mTaignment, a clare and t~e will be fixed ~or your preliminary headng and you wJ'll be given a reasonable opportunity to post ball. If ball Is not postect, you may be oommiffed according to law. If you are disabled and require assistance, pleaae co~tact the Magisterial District office st the address above, o,x~.s ]i, zt.T2r,z'go~7/;19/90 AOPC 630-97 02 ' ,e He,lin 163r ~743906 p.2 6 Oct 16 0~:53p FliK]M :HEWxCU~iERLRND/POLICE,'DPT. FRX ~. :71777d~ Oct. 15 ~ ~:~PM P4 DISPAT~ INCID~T= 200210000D~ NCD ~E: 1 ~L ~PE: CIVIL J0-AG~J . G~[D CCL UC~ I~ DIS~ ~TXON .......................... 00623 HILL~P ~ 0302 816 000O Y 03 5 ~ CTAK DPAT ~-R~GIST~T ~KE DA~ ~ DISP ~V ~ ~ N i T~ 20021001 1132 1~32 ~IT ~ OFFIC~ 1 10 KING ~y ~ 20021001 1132 1~34 1215 3 6 ~UFF~ OR~ H 20021001 1138 1142 1215 ~S: GERBER ': :'.:- ' .~I~ {C) O00 000 0O00 ~2 DRE~L PL NC BRO~ DAVJD (OJ 717 730 2419 4242 C~ISLE PK ~ PNC ~K SULhg~ERO~ D~ISJ {0) qlq T30 2419 4242 C~IS~ PK ~ PNC B~K , ,.: PNC W~ MO~NO I~ O~ OF ~ ~E~ER C~IM~ ~T T~ PEOP~ ~E ~ESPASSING DA~ PRODU~ A CO~T 0~ ~OM C~N PL~ ~T ~T THEY ~ ~I~SHIP O~ ~ ESTATE IT.S OUT OF ~E H~S~ ~ ~ ~ GOING TO IF O~ ~M~ ~CK ~ ~E PROP~ S~ IS ~O~ TO B8 ON THE SIDE~ ~ ~ STREET B~ grig IS NOT ~ ~E~E WI~ T~ MO~ OR ~ER PERS~S ~PY OF TN~ C~T O~R IN ~~ ~C. OCT 16 2002 i3:53 163062743906 PAGE. 02 D~'~-~5114199 SUBJECT: MARILYN GERBER INVESTIGATOR: STEPHEN M. URBAN START TIME: 1430 ENO TIME: 1630 DURING THE COURSE OF THIS INVESTIGATION, INVESTIGATOR MET WITH CLIENT RICHARD RUPP ESO, TO REVIEW THE CASE, INVESTIGATOR TRAVELED TO HARRISBURG CITY POLICE DEPARTMENT, INVESTIGATOR MET WITH POLICE CHIEF'S OFFICE IN ORDER TO MEET WITH SGT. RALPH BROWN. INVESTIGATOR MET WITH NEGATIVE RESULTS, SGT. BROWN WlM. BE ON DUTY SUNDAY, MAY'16, 1998. DATE: 05116199 SUBJECT: MARILYN GERBER INVESTIGATOR: STEPHEN M. URBAN START TIME: 1345 END TIME: 1646 DURING THE COURSE OF THIS INVESTIGATION, INVESTIGATOR CONDUCTED AN INTERVIEW WITH SGT. RALPH BROWN, HARRISBURG CITY POLICE DEPARTMENT. INVESTIGATOR OBTAINED THE FOLLOWING INFORMATION: SGT. BROWN RECALLED THE INCIDENT WELL REGARDING THE SUBJECT, SGT. BROWN HAD A FEELING THAT THERE WAS MORE TO THE STORY THAN WHAT WAS BEING EXPLAINED BY THE SUBJECT, SGT. BROWN MET WITH SECURITY OFFICER JUSTO LOPEZ OF HARRISBURG HOSPITAL AND OBTAINED ADDITIONAL INFORMATION, SGT. BROWN DID NOT FILE ANY CHARGES, IN HIS OPINION, COL. FRED E. GERBER, II, DID NOTHING WRONG, SGT. BROWN RECOMMENDED THAT CRISIS INTERVENTION BE CONTACTED IF ANY FURTHER CONTACT WITH SUBJECT. SGT. BROWN WILL BE OUT OF TOWN UNTIL MAY 19, 1999 AND CAN BE REACH AFTER 1400 HRS IF NEEDED FOR ADDITIONAL INFORMATION. SGT. BROWN REFERRED INVESTIGATOR TO SECURITY OFFICER JUSTO LOPEZ, HARRISBURG HOSPITAL FOR ADDITIONAL INFORMATION. INVESTIGATOR OBTAINED A COPY OF INCIDENT REPORT FROM SGT. BROWN. INVESTIGATOR ARRIVED AT HARRISBURG HOSPITAL AND MET WITH SECURITY OFFICER MARC DANIELS, INVESTIGATOR OBTAINED INFORMATION THAT JUSTO LOPEZ WAS NOT - ON DUTY AND COULD BE REACHED ON MONDAY, MAY 17, 1999 AT 0600 HRS. DATE: 05/17/99 SUBJECT: MARILYN GERBER INVESTIGATOR: STEPHEN M. URBAN START TIME: 0600. END TIME: 1000 EZ, INVESTIGATOR MET WITH N INVESTIGATOR CONDUCTED AN INTE E_G_AT.!VE RESULTS. OBTAINED THE FOLLOWING INFO RVIEW W_.ITH SECURITY OFF. IC_E_FI JUSTO LOPEZ AND RMATION: JUSTO LOPEZ RECALLE THERE A_.RE_ _RECORDS REGARDING PROBLEMS' _ D THE I.N.C_.ID. ENT WELL, HARRIS WITH THE SUBJECT ON FILE-W BURG HOSPITAL, LOPF. Z i i r~ HAS 22 YEARS EXPERIENCE ' - AND HA_S_ NEVER HAD A PROBLEM SIMILAR T WITH HARRISBURG HOSPITAL LOPEZ STATED THE COL. GERBER DID NOT DOO ATI~I~Ev~PR,~,~-J~LE~,M,M~-',~,C~U-S-ED _BY THE SUBJECT. ME_SU ECT. SU CT -TU.-E nct.,c~vt: nRI::iJIL;AL ATTENTInN ;ne ucc ~,e n,,a,.~; rcoJ ~mL~:~HUULD .... ~, ,,~n meNTAL PROBLEMS TAPED STATEME._NT_/F APPROVED BY SUPERVIS , %O~PEZ WAS WILLIN_G_T_O GIVE CONDUCTED AN ~NTERVIEW WITH DAVID A~c-;nO~ DAVID FALGOU_.S?._ INVESTIGATOR .... _~_ nc~r- ~mT. WAY POSSIBLE IF APPROVED BY HARRISBURG Hfl~rr~'~"~,',~,~,~,,nc ~;,?.,.~,HA~D,.,SE,..N~E..C..A., ES.Q_._ .LN_V_E_STIGATOR A'I'F'EMPTED TO CONTACT'-~'~'~':~': OR LEFT MESSAGE FOR SE INVESTIGATOR. INVESTIGATOR VERBALLY UPD FNETNECA TO RETURN A CALL TO ATED CLI ..... 63 c:DISPATCH INCIDENT: 19960208838 HBG PAGE: 1' CALL TYPE ~ ABSAULT LOCATION :~:' GRID CCI. UCR IPG DISPO Piti ~;~ --- s F~oNT ST 0105 040 2642 Y 02 6 19980221 1943 1943 1944 2010 0027 ~IT BADG OFFICER 220 502 BROWN RALPH ' '~ 19980221 1943 1944 2010 '"~" NA~S: GE~mB~t Y.J~Tht'~ ~0 (¢) 000 000 0000 GEIq/$ER, COL. I~,DRICK JR E (5) 000 000 0000 LANGAN BU~. (W) 717 782 3131 ..'[.:' LOPgZ 31JBTO IW) 717 782 3131 " ~ VICTIM APPE~ ~ BE ~~ ~ ' ~,s~ ~INST F~XL, POn A ~N~ EPXSOD,. I~ERVE~ION BE CO.ACTED IF ~ ~R~R CO.ACT 64 iI ' " J. ACQUELINE M. WE, RNEY -. ' ATTORNEY AND COUNSELOR AT LAW " " January 19, 2001 ' .Maril.yn Gerber ' :, -" ~1~,' ";'" '. 42'D~xel Place ' . · · New Cumberland., PA 17070 ' . Re: Defiant Trespass Mildred J. Gerber ~. .. 623 Hilltop Drive, New Cumberland, PA 17070 Dear Ms. Gerber:' " '" ' 'Plea~'e be ~dvised that'l' represent yom'. Mother, Mildred J.' Gerber~ Mrs. 'Gerber has · · authorized me to advise you that you are no longer permitted to enter upon any portion of her' i~ · property located a't 623 Hilltop Drive, New Cumberland, Pennsylvania.. If you do enter the , .. property, you will b.e subject to removal and/or arrest by the police. , I ' in addition, Mrs. Gerber considers your recent eXcessive telephone calling as . . ' harassing. She requests that you not te!el~hone her unless you have a personal medical ' emerger~cy. Mrs. Gerber knows your telephone nhrnber and will call you if she wants to ~. --. . -~ontact you."l..f you continue to call Mrs. Gerber, you may. be subject to crim!nal charges for I .. harassment by telephon~.. "A copy of this leuef is being ~ent to the NeW'Cumberland pollce deparlment .as notice of Mrs. Gerber's wishes. I . " .- .. Very lruly y~urs, JMV/mos .... cc: New Cumberland Police Department Mildred J. Gerber Michael Kane, Esquire' .' . J .... SENT. CER'HFIED MAIL, RETURN RECEIPT REQUESTED, RESTRICTED -, · ...' DELIVERY AND FIRST CLASS MAIL, CERTIFICATE OF MAILING. iJj ' 44 SOOTH HANOVER STREET, CARLISLE, PA 17013 (717) 243-9190 FAX 243-3518 i 65 LAW OFFICE OF ATTORNEY AND COUNSELOR Al LAW 1 May 4, 2001 Ms. Marilyn Gerber 42 Drexel Place New Cumberland, PA 17070 Re: Defiant Trespass Dear Ms. Gerber: This is to acknowledge your two lengthy telephone calls on May 2, 2001. These calls were in violation of my warning to you dated March 7, 2001. I will take the necessary steps to prevent you from your continuing harassment. I have previously requested any communication wilh me as your Mother's counsel be by letter. The substance of your messages are equally disturbing. You obviously have been on your Mother's property which is a violation of the defiant trespass letter sent to you on January 19, 2001. Your Mother continues to request ~at you not enter her property and are subject to arrest for violation thereof. In your message, you also threatened criminal charges against your Mother's · caregiver and her employer. You harassed your Mother's previous caregiver to the point ttiat she refused to care for your Mother for fear of continued harassment. Is it your intention to drive away all caregivers that your Mother employees? That certainly is not in your Mother's best interest. In the short time I have been representing your Mother, I have been appalled at your behavior toward her. Despite all of the heartache you have caused your ,~ Mother, she continues to care about you. Yet, her simplest request of being left alone by you has gone unheeded. I need not remind you of your Mother's age. Can you let her enjoy her remaining years in peace? Lastly, in my March 7, 2001 letter, I requested you provide me with a written list of your personal property items so that they could be returned to you. To date, I have not received thc list. Since I have not received a list, I must assume you have no remaining property at your Mother's house. 44 SOUTH HANOVER STREET, CARLISLE, PA 17013 {717} 243.-9190 FAX 243-3518 May 4, 2001 Page 2 Very truly yours, Jacxlueline M. Vemey, Esquire JMV/mos cc: Mildred Gerber Chief Kaufmann via FAX A PRoIrreL~IONAL CORI=ORATION ~ICHARD C. eUPP CAMP HILL, PA I 7OI I ~.O. e~ 308 ANN ~[IKL[ [RIKSSON TELEF~: I?iY) 73~14 42 D~xcl Place ~A CERTI~ED, ~TU~ ~CEIPT ~Q~STED ~D ~GULAR U.S. ~IL D~ Ms. Gerber: Yo~ mothcr, Mrs. Mil~cd J. Gerber, ~ told me ofyo~ continued ~smcnt of her ~d inv~ion of her p~vacy. Shc h~ ~kcd mc to ~te ~is lcner to you md emph~i~ the following: !. Yom h~smcnt of your mo~cr by co~g onto her pro~ at 623 Hillside Drive, New Cmbcrlmd, PA, must s~op i~ediately. She pm~biU you horn entering · is propc~. 2. Yo~ co~onting yo~ mother at St. ~eresa's chmh ~or ~ ~c ch~h p~ng lot must stop i~cdiately. She pro,biB you ~om co~on~g her m ch~ch ~or in ~c ch~ch p~ng lot. 3. Yo~ statements to neighbor, ~ends, relatives ~d ~nmccs ofyo~ mother, ~d incestuous rclatiomhip ~th your father must stop. She pro~bi~ you ~om m~ng ~csc ~c ~d sedulous statcmcnm. Yo~ mother says that became of your action, she is emofio~ly upset, cries ~equently, h~ trouble sleeping, is hmiliated ~d emb~assed, md is apprche~ive for her he~ ~d safe~. Your mother emph~izes that she loves you but c~ot tolerate yom ~a~cnt of her ~d Fmd ~d J~e. She h~ told me to tell you that if ~y of yo~ actio~ dcscfi~ a~vc continue or if you invade or dis~b her privacy in ~y way, she will ~c Icg~ action ag~n~ you including but not limited lo a criminal prosecution by the police. ~s is in addition to ~c civil action w~ch she is about to co~encc against you. Ms; Mnrilyn J. Gerber Page Two Your mother's message to me is clear and unequivocal. She demands you let her alone. ' !.., If you wish to communicate with your mother, you may have your attorney contact me and your messages will be delivered to your. mother promptly. . Very truly yours, l-lOR/vja cc: Susan Lederer, Esquire EMBASSY SUITES EMBASSY SUITES HOTELS* 1-800-1~IBASSY 1-BOO-EMBASSY ?2 i " ~_ --/--~4. ,--/.,, &,¢,¢,/ .._ I'.,~ I.~''~ .......... ~, __~, ~~__.~~ ~__~ ~- . .... '~ ..... , ~-'7 ..... ~'~~. ~ -? ..... 1_ ~~ ~~~ .~~~ ............... '75 "76 :t;., _ ........ ~~..~_.~~._.~~ ....... .... . ~,_.._,_.. _...__ ~~, . _ ............. ~_~_~ l ,! 82 J[ , 85 "' i~''' -"-'" MILDRED JANE GERBER r~ December 28, 2000 ,~ Attorney Lindsay Dare Baird ~ Attorney at Law . 37 South Hanover · 't.~ Carlisle, PA 17013-3307 :,~ Subject: No 00-7831 Equity Mildred J. Gerber and Marilyn J. Gerber Plaintiffs dated Nov 3, 2000 and Dec 12, 2000 Dear Ms. Baird: I am providing this letter to you on my own free will without any duress or pressure because I want to correct any errors and misperceptions generated by · Mr. Kane, Mr. Mackin and or my former attorney Mr. Metz and largely by my daughter Marilyn Jo Gerber in generating these ridiculous and costly civil actions against my son Colonel Frederick E. Gerber II. I prepared a similar handwritten statement dated Nov 24, 2000 with four witnesses present. · First of all, I want to state that I did not under any circumstances want my name associated with the above civil action initiated by Mr. Kane, or Mr. Metz on behalf of and at the urging of my daughter. I consider it very wrong and improper that my name was added or continues to be added without my full knowledge, understanding and consent. · I want my name removed as a plaintiff on this civil action and all future associated actions. Please assist my son any way you can. If called to testify, I will testify on behalf of my son and will speak out against these civil actions instigated by my daughter Marilyn. · My daughter exerts tremendous pressure on me to accompany her to her lawyer's office under false pretenses, or to allow them to visit my house without my full understanding or approval as to the true nature of their visits., I feel confused and pressured to agree with Marilyn, her lawyer and my former lawyer in these civil action proceedings against my son. Although I signed a document B on Nov 3, 2000, I can tell you I did not understand the full extent of its meaning er implication. My daughter, Mr. Kane or Mr. Metz may tell you otherwi~,e, but I'm telling you now, clearly, I signed the Nov 3, 2000 action as the quickest way to get rid of these two lawyers and my daughter trying to convince me it was the right thing to do. Someone's going to have to give me the benefit of the doubt D here. I'm 86 years old and not as young nor mentally agile as I used to be, but I can assure you, I would never bring an action against my son who has , 2 December 28, 2000 supported, defended and protected me all these years. Them should be a law against what these lawyers and my daughter pressured me to do. The facts are, I have receive~ full financial accountings from my son anytime I requested them in the past Y~rs since my husband's death. My son has always provided me with any required information regarding my banking, trusts and other interests. My youngest daughter, Jane Noel, can confirm this. In fact, of all the trust beneficiaries (Jane, Amanda, Sean, Sascha, Mischa, Frederick and Marilyn) she is the only beneficiary complaining. My son holds my medical, financial and legal Power of Attorney since Feb 1998 and continues to enjoy my full trust and confidence. Marilyn has Iongstan~ling jealousies against my son and makes no pretense wanting to replace him.as not only my own but my husband's freely chosen executor/trustee. My husband was hardly buried before Marilyn tried suing my son unsuccessfully to remove him as executor/truStee. She attempted to do the same thing with my sister-in-law's (Florence Cappe) estate within a period of a few months, suing my husband's brother in an attempt to become executor herself. Marilyn is money hungry and will stop atnothing to get lt..She still cannot accept that neither my husband nor I would or will place her in charge of the trusts or the estate. The whole family has suffered as a result. Marilyn has been abusive, insulting and threatening to my son Fred, his family and Jane and her family as well. Marilyn typically calls my son's military superiors in Washington, DC telling them she's a Vietnam and decorated Gulf War veteran, that my son is a Delta force assassin and other ludicrous stories in an attempt to discredit and embarrass him. Marilyn has been psychiatrically hospitalized on two occasions and still has many unresolved mental issues to deal with to this day. It's interesting to note that she openly tells people I'm mentally incompetent, demented or incapable of handling my affairs at the same time she herself suffers this documented mental illness. Marilyn has not held a continuous paying job in over 20 years that I can recall. She has no pension coming and sees all this money left by my husband and will do anything to get her hands on it as a way of not having to work the rest of her life. Marilyn claims I should pay her taking care of me and for giving up her job to come take care of me. I am able to take care of myself and have no intention of paying Marilyn to care for me. I want Marilyn to get a job and start worrying about how she's going to support herself after I pass away. I recently learned that Marilyn has emptied over $40,000 from my checking and money market accounts in the few months since she returned from California supposedly to take care of me and look after my interests. On top of draining my local banking accounts, she's also demanding $25,000 from my husband's trust and another $25,000 supposedly on my behalf, yet refuses to provide any financial disclosure information to my son as trustee. I will get to the bottom of this shortly, but in the · t"~ 3 December 28, 2000 meantime I keep wondering why Mr. Kane or Mr. Metz would act on Marilyn's instructions, at my expense and against my desires. I guess as long as they're getting paid from my bank account it doesn't matter to them, but it sure does to me. ~ To give you another example of how Marilyn operates, she recently damaged my ;. car in an accident: Fm told by my insurance agency that Madlyn was not only at ,., ~, fault, but harassed two of the witnesses not to testify against her. She refused to ~-. provide an accident statement and refuses to tell me where my own car is being ,'t) repaired so. my son can pay the bill. She refuses to allow me to drive my car or give me the keys, yet drives it as if it was her own. I get to pay all the bills. As a . result of Marilyn calling my insurance company, impersonating me on the phone, ") becoming abusive with several employees, I am told that my insurance company '~1 of over 50 years will-no longer insure me, thanks to Madlyn's abusive behavior. You may ask why I put up with Mariiyn's behavior. She's my child and I love her. I feel sorry for her and want to do whatever I can to help her, but not at the expense of harming my other hardworking children and their families. I want Marilyn to return to California, get a job and keep it so she can earn a retirement pension. I want my freedom back and the ability to live my life the way I was used to living it. I want her controlling, abusive behavior to stop at the same time- I wish her the best of luck and opportunity to succeed. Please use this statement in any way necessary to remove my name from the civil action and to help correct the record. I want all these actions against my son to stop. I refuse to pay for any lawyer fees in actions against my son and plan to recover whatever unused fees Marilyn has paid them from my checking or money market account without my specific permission. ® L i Sincerely, t 'l Mildred Jane Gerber ~ 210 ILCS 9/90 HEALTH Ft[ClLrrl£$ i) the name and mailing address of the managing agent of the establish. whether hired under a management agreement or lease agreement the raging agent is different from the owner or owners; (4) name and address of at least one natural person who is to acce on behalf of the owners and managing agent: (5) a describing the license status of the establishmen the license ff all providers of health-related or supportive se to a resident with the establishment; (6) the contract; (7) the base rate be paid by the resident and a descripti of the services to be as this rate; (8) a descri of additional services to be for an additional fee by the or by a third party under arrange- ment with the (9) the fee schedules the cost of any services; (10) a d.e~on of the through the contract may be modified, a'~, or (11) a description of the co_m~laint resolution process available to residents and notice on Aging's Senior Helpline for complaintsl (12) the name of the resident's desi representative, if any; (13) the resident's obligations in maintain residency and receive services including compliance wil a? required under Section 15; (14) the billing and and irements; (15) a statement affirmin resident's receive services from service providers with wh establishment have a contractual arrangement, which disclaim liability on .art of the establish- 'ment for those (16) a statement medical assistance under Article V Article VI of the Illinois Public Aid ~ is not available for payment for provided in (17) a nt detailing the ~dmission, risk management, an~residency termination ri~, and procedures;" (18) asJ~ ~ment listing the ~ specified in Section 95 and a~mowl- edging t~;~fit, by contracting with t~ assisted living ~'r shared housing~tab- lishm~e~, the resident does not forfeit those r!ghts; and (I!H a statement detailing the Department s annual on-site review proceb~, · ~ding what documents contained in a resident's personal file shall be~ by the on-site reviewer as defined by rule. 91-656, § 90, eft. Jan. 1, 2001. ! 305 ILCS 5/5-1 et seq. or 516-1 et seq. 9/95. Resident rights Section effective January 1, 2001. § 95. Resident rights. No resident shall be deprived of any rights, benefits, or privileges guaranteed by law, the Constitution of the State of Illinois, or the 58 00 LIVING AND SHARED HOUSING 210 ILCS 9/100 ~lti-~i Co ns ti tut ion of the United States sole ly on acco unt of his or her s tat us asa , resident of an establishment, nor shall a resident forfeit any of the following d - rights: (1) the right to retain and use personal property and a place to store personam items that is locked and secure; (2) the right to refuse services and to be advised of the consequences of a i that refusal; ' (3) the right to respect for bodily privacy and dignity at all times, especially i during care and treatment; i (4) the right to the free exercise of religion; ~ (5) the right to privacy with regard to mail, phone calls, and visitors; ! (6) the right to uncensored access to the State Ombudsman or his or her ~ designee; (7) the right to be free of retaliation for criticizing the establishment or be making complaints to appropriate agencies; ! (8) the right to be free of chemical and physical restraints; ~ (9) the right to be free of abuse or neglect or to refuse to perform labor; on : (10) the right to confidentiality of the resident's medical records; I~ ciosure;maintained(14)(13)(l(l 1) the right of access and the right to copy the resident's personal files2) thethethe rightrightrightbY thetOtotO establishment;24aa minimumminimumh°Urs acceSSofof. 90-days 30--d~noticet° the establishment;notice of°f ann plannedinvo]untaryeStablishmentresidency termination, except where the resid-'~t poses a th~'eat to himself or others, or in other emergency situations, and the right to appeal such termination; and (15) the right to a 30-day notice of delinquency and at least 15 days right to cure delinquency. P.A. 91-656, § 95, elf. Jan. I, 2001. Library References: Asylums ~:~3, 5. C.J.S. Asylums and Institutional Care Facili- WESTLAW Topic No. 43. ties ~ 5-8, 11-12. 9/I00. Notice of closure Section e]:fective January I, 2001. § 100. Notice of closure. An'owner of an establishment licensed under this 'be Act shall give 90 days notice prior to voluntarily closing the establishment or prior to closing any part of the establishment if closing the part will require residency termination. The notice shall be given to the Department, to any resident who must have their reSidency terminated, the resident's representa- tive, and to a member of the resident's family, where practicable. The notice shall state the proposed date of closing and the reason for closing. The establishment shall offer to assist the resident in securing an alternative placement and shall advise the resident on available alternatives. Where the resident is unable to choose an alternative placement and is not under guard- ianship, the Department shall be notified of the need for relocation assistance. ~ 59 93. .'" S~~R c a) No resMe~ s~i be de~ of ~ rig~, benefit, or pr~tleges ~teed by i~, t~ · ' Coati. ion oft~ Stye of Hlino~, or t~ Co~ti~ion of the ~it~ ~es sol~ ~ ~co~ of h~ ~ ~ st~ m a resMent of ~ ~t~l~, nor s~l a r~Ment fo~eit ~ oft~foliow~g rig~: · ~id~ ~iv~ ~~on ofmMi~ - i SUBCHAPTER c I 1) 2'he right to the free exercise of religion and to participate or refuse to participate in religious, social, recreational, rehabilitative., political or community activities; 12 ) 29re right to be free of chemical and ph~ical restraints; 13 ) ~ right to be free of abase or neglect or f'man¢ial exploitation or to refuse to perform labor: i 4) ~ right to confidentiality of the resident 't medic, al, f'mancial, or other records. The release ofa rt~rd shall be by wriaen consent ofthe resident or the rcsident's representative and shall specify the circumstances under which each individual rccord may be released, except as specified by law;, 16) ~ right of access and the right to review sad cot9' the resident '~ per~anal fll~s matntaO~ by the establishment, during aormal business hours or at a time agreed upon by the resident and the establishment.. 17} l~e right to t~rlvacy with r~gard to mall, phone d. alh, and.vi~ltor~;. , 18) ~ right to uncensored acce~ to the ~ate Ombudsman or ALs or her designee, and the right to refuse a~ess to a State Ombudsman or Depmm.m revimm~, 19} Fhe right to be free of retaliation for or aonstratnt from c~act~ng the establishment or making complaints to approtn'iate agenciez or any agency or 20) ~ right to 24 hour acc~s to the establishng, nt and all common areas of the esmbli~nont; 21) The right to a minimum of 30-day notice ofany change in a fee or charge or ~ availability of a service; 22) ~he right to a minimum of 90-day nottee ora planned ettabltshznent ¢lasure; 23) l~e right to a minOnum of SO-day nome o/an In~olmtwy residency termlnatl~ excet~t where the resident ix~s~ a threat to hitmedf or other~, or in other emergency tituation~, and the right to appeal git termination; 24) ?he rlght to a $O-day notlce of delinquency and at letttt lS day~ right to cu~ · delinquency. (Section 9S of the Act) 3lothtng In tl~ Part is meant to limit a re~ldent's right to choose hi~ or her health care prov/dor. (Section ?500 of~he Act) Run Date 01/09/2003 Court File History Page 1 18th Judical Circuit Court Docket of CourtFile 2002MR000973 Case Title: MARILYN JO GERBER Assigned Location: 2007 Legal Status: ACTIVE Initiating Agency: CLERKS OFFICE ............................................................................. Parties ..................................................................................... Name: MARILYN JO GERBER Role: FIRST-NAMED PLAINTIFF Name: SUNRISE ASSISTED LIVING OF GLEN ELLYN Role: DEFENDANT Name: COLEMAN O HALLORAN & WYNN LLC Role: Attorney Of Record ID: 5755 Address: 111 W WASHINGTON STREET SUITE 802 CHICAGO IL 606020000 Work Number: (312)419-8818 Fax Number: (312)419-8824 EMail Address: JOH~COWLLC.COM Name: SACHNOFF & WEAVER Role: Attorney Of Record ID: 75160 Address: 30 S WACKER DRIVE 29TH FLOOR CHICAGO IL 606060000 Work Number: (312)207-1000 Name: SCHIFF HARDIN & WAITE Role: Attorney Of Record ID: 76000 Address: 6600 SEARS TOWER CHICAGO IL 60606 Work Number: (312)258-5500 Fax Number: - (312)258-5600 Run Date 01/09/2003 Court File History Page 2 _Ii 18th Judical Circuit Court Docket of CourtFile 2002MR000973 EMail Address: rpascal~schifthardin.com ..................................................................... Count Number: 0001 ............................................................................. Type of Case: MR0120 MISCELLANEOUS CLASSIFICATION Issuing Agency: CLERKS OFFICE 09/19/2002 10200 FIRST-NAMED PLAINTIFF First Name: MARILYN Middle Name: JO Last Name: GERBER 09/19/2002 10320 ATTORNEY OF RECORD Attorney: COLEMAN O HALLORAN & WYNN LLC 09/19/2002 2140 ORIGINAL LOCATION ASSIGNMENT Court Location: 2007 09/I 9/2002 5190 APPEARANCE FILED Total Assessment Amount: $142.00 For: MARILYN JO GERBER 09/19/2002 4181 CIVIL CASE FILING ASSESSMENT 09/19/2002 110 STATUS DATE Court Date: 01/16/2003 Court Location: 2007 Court Time: 09:05 AM Purpose Code: STATUS 09/19/2002 9601 CIVIL FUND RECEIVED Original Fund Amount: $257.00 Actual Amount Received: $257.00 How Paid: CHECK Check Number: 1999 Payor Name: COLEMAN O HALLORAN & WYNN LLC 09/19/2002 9700 APPLICATION OF FUND 09/19/2002 9700 APPLICATION OF FUND 09/19/2002 700210 CML COUNT 09/19/2002 5350 NEW CASE COMPLAINT/PETITION 10/08/2002 4172 COPIES ASSESSMENT # of Pages: 4 10/08/2002 9601 CIVIL FUND RECEIVED Original Fund Amount: $3.50 Actual Amount Received: $3.50 How Paid: CHECK Check Number: 1717 Payor Name: COLEMAN 10/08/2002 9700 APPLICATION OF FUND 10/11/2002 4171 CERTIFIED COPIES ASSESSMENT # of Cert/Exemp: 5 # of Pages: 5 10/11/2002 9601 CIVIL FUND RECEIVED Original Fund Amount: $34.00 Actual Amount Received: $34.00 How Paid: CHECK Check Number: 5629 Payor Name: COLEMAN O HALLORAN & WYNN LLC 10/I 1/2002 9700 - APPLICATION OF FUND Run Date 01/09/2003 Court File History Page 3 18th Judical Circuit Court Docket of CourtFile 2002MR000973 10/11/2002 2440 VISITATION ORDERED .ludge: WHEATON BM 10/11/2002 5890 NOTICE OF MOTION Court Date: 10/11/2002 Court Location: 2007 Court Time: 09:00 AM , 10/! 1/2002 7900 MOTION OR PETITION - OTHER Type: - OTHER 10/29/2002 4171 CERTIFIED COPIES ASSESSMENT # of Cert/Exemp: 5 # of Pages: 5 ! 0/29/2002 4177 CREDIT CARD FEE ASSESSMENT ! ~/29/2002 9601 CIVIL FUND RECEIVED Original Fund Amount: $39.00 Actual Amount Received: $39.00 How Paid: CREDIT CARD Credit Card Type: MASTERCARD Payor Name: SACHNOFF & WEAVER 10/29/2002 9700 APPLICATION OF FUND 10/29/2002 9700 APPLICATION OF FUND 10/29/2002 1640 CONTINUED FOR HEARING Type: FOR HEARING Court Date: 12/24/2002 Court Location: 2007 Court Time: 09:00 AM Judge: DUNCAN ER ! 0/29/2002 5190 APPEARANCE FILED Total Assessment Amount: $0.00 For: MARILYN JO GERBER 10/29/2002 10320 ATTORNEY OF RECORD Attorney ID: 75160 10/29/2002 2940 TEMPORARY RESTRAINING ORDER Judge: DUNCAN ER First Name: MARILYN Middle Name: JO Last Name: GERBER 10/29/2002 8130 MOTION / PETITION TO MODIFY Amount: $0.00 10/30/2002 8210 PROOF OF SERVICE 12/I 7/2002 20700 ORIGINAL STATUS DATE NOTICE Notice Type: ORIGINAL STATUS DATE 12/I 7/2002 8260 PLACED ON CALL BY JUDGES SECRETARY Court Date: 12/20/2002 Court Location: 2007 Court Time: 09:00 AM 12/! 8/2002 7990 MOTION TO VACATE Amount: $0.00 12/18/2002 5890 NOTICE OF MOTION Court Date: 12/20/2002 Court Location: 2007 Court Time: 09:00 AM 12/20/2002 2270 MOTION OR PETITION DENIED Judge: WHEATON BM 12/20/2002 2840 COURT DATE CANCELLED Judge: WHEATON BM 12/20/2002 1640 - CONTINUED FOR STATUS (NO NOTICE) Run Date 01/09/2003 Court File History Page 4 18th Judical Circuit Court Docket of CourtFile 2002MR000973 Type: FOR STATUS (NO NOTICE) Court Date: 01/17/2003 Court Location: 2007 Court Time: 09:00 AM Judge: WHEATON BM 12/20/2002 2840 COURT DATE CANCELLED Judge: WHEATON BM 12/20/2002 2250 MISCELLANEOUS ORDER Judge: WHEATON BM 12/20/2002 2460 COMPLY ORDER Judge: WHEATON BM 12/24/2002 2340 OFF CALL Judge: RIGGS TJ 0]/09/2003 7990 MOTION TO VACATE Amount: $0.00 01/09/2003 5190 APPEARANCE FILED Total Assessment Amount: $142.00 For: SUNRISE ASSISTED LIVING OF GLEN ELLYN 01/09/2003 10320 ATTORNEY OF RECORD Attorney ID: 76000 0!/09/2003 10110 DEFENDANT !,asr Name: SUNRISE ASSISTED LIVING OF GLEN ELLYN A. KAGANN Clerk of the Eighteenth Judicial Circuit Du ~.a_g_e County, Wheaton, Illinois CERTIFIED COPY AUTHENTICATED UNDER THE ACTS OF CONGRESS 3710, STATE OF ILLINOIS ~'~ ITED STATES OF AMERICA COUNTY OF DU IN THE CIRCUIT COl RT OF THE EIGHTEENTH JUDICIAL CIRCUIT I, JOEL A. KAGANN, DO HEREBY CERTIF that I am the duly elected, qualified acting Clerk of the E Circuit Court of DuPage County, Illinois and th tt as such Clerk, I am the Keeper and Custodian of the files and reeords~ said Court, and the Seal thereof. I DO FURTHER CERTIFY that the foregoing to b, a true, perfect and complete copy of TIlE DOCKE REC4QIDING CASE NO. 2002 MR 973, IN RE; MILDRED. GERBER, A )ISABLED ADULT, FILED ON SEPTEftBER 19, 2002. DOCKET IS 30MPLETE THROUGH JANUARY 9, 2003. as it appears in the files of my office now remaining IN' V/TNESS WHEREOF, I have hereunto set my hand and caused to be the O ;cai of the Eighteenth Ju~l iir0ui~u-t at Wheaton, Illinois. Date: / E Deputy Circuit Court JUl), ~E'S CERTIFICATE I, ROBERT K. K/LANDER, Chief Judge of the E ghteenth Judicial Circuit Court of DuPage Cou certify that JOEL A. KAGANN, whose name is subs~ ribcd to the foregoing Certificate of Attestation, s at the of signing and sealing, the Clerk of the Eighteenth 3 adiclal Circuit Court of DuPage County, Illinois, and fi!es and records and Seal thereof, duly elected and qt alified to office; that full faith and credit here are and or right ought to given to all his official acts as such, in all courts ofre~ rd and elsewhere, and that his said attestation is in due form of law the proper officer. IN 7TNESSWHEREOF, Illew h e nl;o~ ~myHand. Date: ' ~me! Judge of the Eighteenth Judicial Circuit Court CLEI~ K'S CERTIFICATE I, JOEL A. KAGANN, Clerk of the Eighteenth Jud rial Circuit Court of DuPage County, Illinois, do hereby certify that ROBERT K. K/LANDER whose signature is appende ! to the foregoing certificate, was at the time of signing the ChiefJudgo of the Eighteenth Judicial Circuit Court of DuPage Count) Illinois; that full faith and credit are and or fight ought to be given to all his official acts such, in all courts of records ofelsewhe 'e. General No. EIGHTEENTH JUDICIAL CIRCUIT DU PAGE coUNTY EXEMPLIFIED COPY OF DOCUMENT [~ JOEL A: KAGANN · ~ Judicial Circuit.·