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HomeMy WebLinkAbout11-07-13 IN RE: VELMA B. GEBHARD, : IN THE COURT OF COMMON PLEAS OFD REAL PROPERTY OWNER: CUMBERLAND COUNTY, PENNSYL Aw --4 : ORPHANS COURT DIVISION z;;o < r 'D FILE NO. 2013-00765 r�z JUDGE THOMAS A. PLACEY D� u_n, za _ ' PETITION TO TESTIFY BY TELEPHONE AND NOW, comes Petitioner, Terry J. Gebhard, by and through his counsel, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, P.C., and petitions the Court as follows: 1. The instant action was initiated through the filing of a Petition to Sell Real Estate filed on July 11, 2013. 2. Additional responsive pleadings have been filed since the filing of the initial pleading. 3. Based upon the pleadings, a hearing has been scheduled in this matter for Wednesday, November 27, 2013, at 1:30 p.m. in Courtroom Number 6 of the Cumberland County Courthouse before your Honorable Court. 4. Petitioner, Terry J. Gebhard, suffers from spondylolisthesis, a condition of the lower back. 5. As the result of this condition, Petitioner has nerve compression in the spinal column that dramatically affects Petitioner's ability to be involved in any physical activity without severe pain. C) C w M co i r �z rn m T> Cn t.7 Q U r� o 'I7 IXJ � Y31 'b 1 y N (n O 6. As a result of the nerve compression, Petitioner, who is 70 years old, has constant pain from sciatica and additional limitations due to arthritis. 7. Petitioner is unable to travel any substantial distance from his home in Exton, Pennsylvania, due to his medical problems. 8. Petitioner's primary physician, Dr. Francis W. Brennan, has provided correspondence, dated September 9, 2013, evidencing the fact that Petitioner would be unable to travel to a court proceeding in Cumberland County, Pennsylvania, due to his medical condition, a copy of said correspondence being attached hereto and incorporated herein by reference as Exhibit"A". 9. Petitioner, though counsel, has requested that Respondent, Velma Conway, who is represented in these proceedings by David A. Baric, Esquire, of 19 West South Street, Carlisle, concur in the request that Petitioner be permitted to testify at the pending hearing by telephone. 10. Respondent, Velma Conway, through counsel, has indicated that Respondent does not concur in the request to allow Petitioner to participate in the November 27, 2013 hearing by telephonic testimony. 11. As Petitioner cannot otherwise be present for the hearing due to his medical condition, Petitioner is desirous of the Court authorizing his participation in these proceedings by telephone well in advance of the pending hearing. WHEREFORE, Petitioner requests your Honorable Court to enter an Order authorizing Petitioner to testify at, and otherwise take part in, the proceedings on November 27, 2013 at 1:30 p.m. in Courtroom Number 6 of the Cumberland County Courthouse, telephonically. Respectfully submitted, r ifi Esquire ey for Petitioner Supreme Court ID No. 34349 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 e. r... i I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. � DATE: /d e J. Ge har (Do BRANDYWINE VILLAGE FAMILY MEDICINE Francis W. Brennan, D.O. Laurie A. Gallagher, D,O. Elizabeth M. Danielsen, CRNP RE: TERRY J. GEBHARD 402 HOWELL ROAD EXTON, PA 19341 DATE: SEPTEMBER 9, 2013 Mr. Gebhard has been a patient in my practice for over 20 years. Prior to moving to this area, he was diagnosed with a condition in the lower back called spondylolisthesis by Thomas Green, M.D., an orthopedic surgeon in Carlisle, PA, who, I understand, has since retired from practice. As a result of the condition, nerves from the spinal column become compressed and cause lasting pain. In Mr. Gebhard's case, the nerves are compressed as they exit the spine at the L-5 vertebra and continue across the left buttocks, the left hip and down left leg to the foot. This nerve compression is commonly known as sciatica. Mr. Gebhard is 70 years old. As one ages, degenerative processes of the skeletal frame occur, including arthritis, which can make the sciatica pain level worse and last longer. Over the past five years, Mr. Gebhard has experienced more frequent pain episodes which last longer. The more frequent they are, the more cumulative the.symptoms are which include higher levels of pain for weeks. Sitting, especially in an upright position such as in an automobile, exacerbates the pain so this has limited Mr. Gebhard's ability to be in an automobile or any straight back chair for longer than about 20 minutes at a time. His ability to stand for prolonged periods of time is also limited. It is my understanding that the Cumberland County Orphan's Court has scheduled a hearing on September 23 regarding Mr. Gebhard's mother's home. Although Mr. Gebhard will not be able to make the 200 mile round trip from his home in Exton,�PA to Carlisle, PA and back, he would like to be able to testify, if necessary, by telephone from his home. His attorney, Bradley L. Gri€fie, Esq., suggested that Mr. Gebhard ask me to make this request of the Court in Mr. Gebhard's behalf. Thank you for your consideration. EXHIBIT Francis W. Brennan, D.O. A Brandywine Village Shopping Center • 1229 Horseshoe PiPike - Downingtown, PA19335 Phone: (610) 873-2700 • Fax: (610) 873-6560 IN RE: VELMA B. GEBHARD, IN THE COURT OF COMMON PLEAS OF REAL PROPERTY OWNER: CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS COURT DIVISION FILE NO. 2013-00765 JUDGE THOMAS A. PLACEY CERTIFICATE OF SERVICE Plf I, Bradley L. Griffie, Esquire hereby certify that I did, the S day of November, 2013, cause a copy of Petitioner's Petition to Testify by Telephone to be served upon the Respondent, Velma G. Conway, by serving her attorney of record by first class mail, postage prepaid, at the following address: David A. Baric, Esquire 19 West South Street Carlisle, PA 17013 DATE: Griffie, squire A ney for itioner upreme ourt ID No. 34349 GRIFFIE &ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552