The URL can be used to link to this page

Home My WebLink About11-14-03 IN RE: MILDRED J. GERBER TRUST UNDER AGREEMENT dated December 19, 1997 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : COMMONWEALTH OF PENNSYLVANIA : ORPHANS. COURT DIVISION : NO. 21-2002-0540 IN RE: FRED E. GERBER TRUST UNDER AGREEMENT, dated July 29, 1994 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : COMMONWEALTH OF PENNSYLVANIA : ORPHANS. COURT DIVISION : NO. 21-1998-0195 MOTION FOR STAY OR PROCEEDINGS TO THE HONORABLE, THE JUDGES OF SAID COURT: 1. The Movant is Richard C. Rupp, Esquire, attorney for Petitioner/Accountant Frederick E. Gerber, II, the son of Mildred J. Gerber, the alleged incapacitated person, now deceased, and Accountant and Trustee for the above-referenced Trusts. The Petitioner resides at 4287 Kearney Lane, Fairfax, VA 22033. 2. The Petitioner is currently deployed to Iraq by the United States Army. 3. The Respondent/Obiector is Marilyn J. Gerber, the daughter of Mildred J. Gerber, the alleged incapacitated person, now deceased. The Respondent resides at 717 Market Street, Lemoyne, PA 17043. 4. The Audits of the two above-referenced Trusts are currently before Atty. William Duncan as Auditor. 5. A Pre-Hearing Conference was held before Auditor Duncan on June 25, 2003 in the Office of the Register of Wills of Cumberland County. .. 4 .. 6. The Court entered an Order in each of the above Trust matters appointing Atty. William Duncan as the Auditor of thse two Trust above-referenced. 7. The Petitioner has been ordered to a duty assignment in Iraq for more than likely up to one year, as part of President Bush's order to rebuild Iraq. 8. Auditor Duncan has schedule audit hearings on both Account on November 25, 2003, in these matters. 9. The Petitioner's United States Army Orders to serve in Iraq conflict with the preparation for and the holding of such hearings on the said Audits pertaining to the two above-referenced Trusts. A copy of Col. Frederick E. Gerber, II's, Orders are attached hereto and incorporated herein by reference. 10. The Petitioner is the former Director of Health Care Operations for the United States Army in the Headquarters of the United States Army within the Office of the United States Surgeon General. The Pet,itioner is now assigned to L. Paul Bremmer's team appointed by President Bush to rebuild Iraq, specifically for Col. Gerber's case, the medical facilities in Iraq. 11. The Petitioner is now responsible for directing United States Army medical personnel and resources in Iraq in support of this assignment. 12. Atty. Jacqueline Verney, newly appointed counsel for the Obiections filed on behalf of the late incapacitated person by PNC Bank consents 2 to this Motion and Stipulated Order. 13. The United States Soldiers' and Sailors' Civil Relief Act protects a party from litigation or appearing as a witness in any matter in which his deployment by the United States military interferes with said proceeding. Therefore, your Movant is respectfully requesting this Honorable Court to enter an Order to stay the Auditor's hearing in both of the above- referenced Trust matters from being scheduled, pending Col. Frederick E. Gerber, II, return from his United States military deployment. WHEREFORE, your Movant is respectfully requesting this Honorable Court to enter an Order to stay the Auditor's hearing in both of the above- referenced Trust matters from being scheduled, pending Col. Frederick E. Gerber, II, return from his United States military deployment. Respectfully submitted, RUPP and MEIKLE By: ~~~~ Richard C. Rupp, Esquire Supreme Ct ID No. 34832 355 North 21 sl Street, Suite 205 Camp Hill, PA 17011 717-761-3459 3 REQUEST AND AUTHORIZATION FOR TDY TRAVEL OF DOD PERSONNEL ,. DATE OF AlQUIST (Referenr;e: Joint Travel Regulations (JTR), ChB"!fJI' 31 IYYYYMMDD/ lReiJd Privacy Act Statement an back before camnle!ing form.' 20030610 REQUEST FOR OFFICIAL TRAVEL 2. NAME (LilN. f:lr&t, Middl#1lnil'-lJ 3. SOCIAL SECURITY NUMBI!FI 4. POSITION TITl!! AND llFlADEIAo\TINCJ GERBER. FREDERlCK E. 214-54-8688 ORBAlCPA Staff Member 0-6, USA 5. LOCATION 01' PERMANENT DUTY STATION (POSI S. ORGANIZATIONAL I!LEMENT 1. DUTY "HONE NUMIJEIl 2000 Defense Pen1agon Ilnclud. Am Crld.1 Washington, DC 20301-2000 ORC 6125 703-614-0487 B. TYPI!! OF ORDEflS 9. TOY PURPOSI: ISee JTR. Aplmu!l" MJ 1118, A.....ROX. NO. OFTDY Of'Y:> i D. P _ "" Blanket TOY Official Duties !Including t,evel tm.) '''''''YYMMODJ Thru 20030930 20030610 11. ITINERARY W VARIATION AUTHOI'\IZED From Washington, DClResidence, place of duty to such placce at such times and such frequency as may be necessary in the performance of official duties, either within or outside the continental limits oithe United States and return to Washington, DC/residence. 12. TRANSPORTATION MODE s. COMM~RC1AL 0, GOV.RNMENT c. LOCAL TRANSPORTATION "'All AIR BUS SHIP '!'IA I VE:CLE SHIP I ktN'TAL TAXI OTHER PRIVATEly OWNEtJ CONVEYANCE ICheelt "ne) )t it K )t 'It 'It 11 !'lAt\: peA MIl..!: .36 i I AOVANtAGeOUS TO tHE GOVERNMENT WAS DETEl'IMl"iED BY APP!'lOPRIATE TRANSPORtATION OFI'lCER 10,,,,seo.. Trovelonlyl U MlLEAGE REIMBURSEMENT AND PSt DIEM IS UMITEtl to CONSTI'IUCTIVE COST O~ COMMON CAIIAIER tllANSPOlttAtlON ANa PER DieM AS O~TERMINEt:l AND "TMVEl TIME AS LIMITED PEl'! JtR 13. )( I a. PEfl DieM AU,HOAIZED IN ACCORDAlIICE WITH JTR. ,~, OTHER RArE OF PER DIEM IS"oc/fy/ 14. ESTIMATED COST 15. ADVANCE S. PER DIEM b. TRAVEL I $ OTHER d. TOTAL AUTHORIZED $ $ $ 0.00 $ 18. Af;MAI'IKS IV"" tM.. spae9 for spec/sl ",qu;'fI",ents, leave. exees. baggag., ."commodetions, reglslr.lian (ef!S, ere.) Submis;;lon of travel claim is required within 5 days after completion of TDY to ORHA/CPA. Airfare is limited to the ttlost economical accommodations to satisfy mission requirements as may be determined by ibe appropriate transportation officer. Travel meets the criteria of SecDefMemo of 18 Jan 82, "Travel by Government Officials, Including Foreign Trave!." Use of non-contract cartier authorized if contract canier is not available or does not meet scheduling requirements. Car renta.llluthorized. Taxi/POV authorized inland around TDY area. Three pieces of e'tcess baggage authorized. Portage fee for official baggage authorized. Official miscellaneous supplies authorized. Conference fee and dual lodging authorized. Per diem and lodging authorized within the limits ofW ashingtol1loca.l commuting area as defined in DoDD 4515.15 "If the trip itinerary is cancelled or changed after tickets or transportation requests are issued to the traveler, the traveler is liable for their value until all ticket coupons have been used for official travel and/or unused tickets or coupons are properly accounted for Qn the travel voucher." Governrnent travel catd must he used fur officiallravel ex.penses wherever the card is accepted. SECURITY THREAT BRfEFING HAS BEEN COMPLETED. 17. ~:~~~STING OFFIC~~~:~':'e ~:~.~gn~turel _ .__ .. ' B. TRAVEL-APPROVINGIDIRECTING~'iitl" and s;g"etureJ Lan ~.'- -. EemafQ.1Utnbir.u;!l!1~ e. . 1& ~..-F.1,; Administrative Officer r" -- AUTHORIZATION 19. ACCOUNTING CITATioN 973010020205810612521012102849447 DHTB35810 erc: 1 JAZ358 I OS4944.1 20. AVTHORIZIIIlGIOf:lDEFt.-ISSUINGlFFICIAL mtl.. Md signature) 21. DArE ISSUED (YYYYMMOOI Bernard R Robjl1son~ ~ 20030610 Administrative Officer 22. TRAVEL OROl:t'I NUMBeR DHTB35810 DO FORM 1610, JAN 2001 PREVIOUS EDmON '5 OBSOLETE. ~ OliPARTI'IENT OF THE ARMY OFFICE Of TH! SURGI!ON GENERAL 5109 LEESBURG PIKE FALl.S CHUROI VA 22041-3258 REPLY TO ATTaI'l'IOH 01' June 20, 2003 Office of The Surgeon General Mr. Richard Rupp and Associates 355 North 21 st st, Su ite 205 Camp Hill, Pennsylvania 17011 Dear Mr. Rupp: Colonel Frederick E. Gerber was selected from other Service applicants to serve as the Operations Chief for Mr. Haveman, Senior Advisor for Health to the Director, Civil Affairs Polley under Ambassador Bremer's Coalition Provisional Authority (CPA) in Baghdad, Iraq for a period of 12 months. He deployed with the Iraq Ministry of Health team on June 19, 2003. Sincerely, ~~~ Printed on . 1lliI~~!13O F'ao~r " ~ "I}o ,~ ,~ ". 'CC ., .-' .--~' _( , .,l. :"') ,,- ,'f ,. , ~r. ~~ 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. I understand that false statements herein are made subiect to penalties of 18 Pa. C.S.A. 6 4904 relating to unsworn falsification to authorities. RICHARD C. RUPP, Mov Date:"ltffd 3> CERTIFICATE OF SERVICE -tc AND NOW, this ~ day of November, 2003, 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: Marilyn J. Gerber 717 Market Street Lemoyne, PA 17043 Jacqueline M. Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 William Duncan, Esquire, Auditor One Irvine Road Carlisle, PA 17013 Richard C. Rupp, Esquire ''"