HomeMy WebLinkAbout04-04-03 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
MOTION FOR CONTINUANCE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
1. The Movant is Richard C. Rupp, Esquire, attorney for Respondent
Frederick E. Gerber, II, the son of Mildred J. Gerber, the alleged
incapacitated person, now deceased.
2. The Petitioner is Marilyn J. Gerber, the daughter of Mildred J. Gerber,
the alleged incapacitated person, now deceased.
3. An Order of Court was issued by this Honorable Court on April 1, 2003,
making the Rule to Show Cause in this matter absolute and providing
an attachment issued on the Citation for civil contempt against
Frederick E. Gerber. Said Order further set a hearing to be held on
April 23, 2003. A copy of said Order marked Exhibit "A" is attached
hereto and incorporated herein by reference.
4. In order to properly prepare for said hearing with respect to the
Petitioner's claims for specific damages as they relate to the
contemptuous conduct of the Respondent, Frederick E. Gerber, or, how
Petitioner's expenses were caused by the contemptuous conduct of
Petitioner Fred Gerber, the Movant requires discovery to obtain, such
as but not limited to copies of airline charges for flights taken where
the visit was either not allowed or cut short without mutual agreement
and/or copies of payments for said airline expenses or charges which
were alleged to be greater than if another time had been made
available to the Respondent Marilyn Gerber.
5. In order to obtain such discovery, Movant expects to request
production of documents, interrogatories and/or a deposition are
required.
6. For the above reasons, your Movant respectfully requests a
continuance in this action to allow such discovery to occur in order to
permit Movant to prepare properly for the scheduled hearing.
7. Mavant attempted to contact Atty. Laskowski, attorney for Movant, with
respect to this Motion for Continuance. It is presumed that Atty.
Laskowski opposes this Motion for Continuance
WHEREFORE, your Movant respectfully requests this Honorable Court to
continue the hearing scheduled for April 23, 2003 at 3:00 p.m. to such later
date as the Court may direct.
Respectfully submitted,
Date:
Supreme Ct ID No. 34832
355 North 21St Street, Suite 205
Camp Hill, PA 17011
717-761-3459
2
.VERIFICATION
I, Richard C. Rupp, Esquire, Movant, verify that the statements in the
foregoing document are true and 'correct to the best of my knowledge,
information and belief. Said statements are based on Movant's own
knowledge, belief or information. Said document is filed by your Movant as
the Respondent is outside of the Court's jurisdiction and is unavailable to
sign this verification to file this document.
I understand that false statements herein are made subject to
penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to
authorities.
Date: