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HomeMy WebLinkAbout99-04214.L M u -o y Qi FRED E. GERBER, II 4287 Kearney Lane Fairfax, VA 22033 Plaintiff v MARILYN J. GERBER 42 Drexel Place New Cumberland, PA 17070 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. qq-40214 Egtx Terr1 ell ?11 ACTION -EQUITY PRAECIPE TO ISSUE WRIT OF SUMMONS TO THE PROTHONOTARY OF SAID COURT: KINDLY ISSUE A WRIT OF SUMMONS IN THE ABOVE-CAPTIONED ACTION ON BEHALF OF THE ABOVE-NAMED PLAINTIFF AND AGAINST THE ABOVE-NAMED DEFENDANT. Date: July 12, 1999 RUPP & Richard C. Rupp, Esquire V' Supreme Court ID No.: 34832 355 N. 21" Street, Suite 205 Camp Hill, PA 17011 (717)761-3456 Attorneys for Plaintiff Q14 w U rSaI c iv a N J .7 7 Ql Q1 i? r? ,s z "? LLL l 7 U Commonwealth of Pennsylvania County of Cumberland Fred E. Gerber, II 4287 Kearney Lane Fairfax, VA 2203 Marilyn J. Gerber 42 Drexel Place New Cumberland, PA 17070 To _ Marilyn J _ Gerber Court of Common Pleas No 99_ 4214 Equity Term In __ Eguity__Term You are hereby notified that ------------------------------- Fred _E. _ Gerber,_ I I the Plaintiff has commenced an action in __ against you which you are required to defend or a default judgment may be entered against you. (SEAL) _ Curtis--R.--Long ----------------------- ------------ Prothonotary Date _ July- 12th --------------- 1999_ By -`?-- ? I 1 I ? I 1 1 I 41 ?? t3l W; rN l I? x I I i ; 1 1 i H a N W N w f N w u G .1? s I 1 i ' ? •? ? y ? N? v. h? 74 WI i ; W a a a N m U z 1+ N a ? N z Ln ?, O N a m H ?o a 'i N u In Ln V' II r r r SHERIFF'S RETURN - REGULAR CASE NO: 1999-042144P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GERBER FRED E II VS. GERBER MARILYN J CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon GERBER MARILYN J the defendant, at 18:30 HOURS, on the 22nd day of July 1999 at 42 DREXEL PLACE NEW CUMBERLAND, PA 17070 CUMBERLAND County, Pennsylvania, by handing to MARILYN J. GERBER a true and attested copy of the WRIT OF SUMMONS and at the same time directing Her attention to the contents thereof. Sheriff's Coats: Docketing Service Affidavit Surcharge So answers, 18.00 10.54 .00 8.00 it. mas Aline, 5 i s 07/23/1999KLE Sworn and subscribed o before me this ? day of 19 7 A. D. by rr?nonotary r ` y r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRED E. GERBER, II, 4287 Kearney Lane Fairfax, Virginia 22033 i Plaintiff NO.: 99-4214 EQUITY TERM CIVIL ACTION - EQUITY V. MARILYN J. GERBER 42 Drexel Place New Cumberland, Pennsylvania 17070 Defendant NOTICE 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 Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRED E. GERBER, II, 4287 Kearney Lane Fairfax, Virginia 22033 NO.: 994214 EQUITY TERM CIVIL ACTION - EQUITY Plaintiff V. MARILYN J. GERBER 42 Drexel Place New Cumberland, Pennsylvania 17070 Defendant NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y Is notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demands. Usted puede perder dinero o sus propiedades o otros detechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 A:\Complaint 10699, wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRED E. GERBER, II, 4287 Kearney Lane Fairfax, Virginia 22033 Plaintiff V. NO.: 99-4214 EQUITY TERM CIVIL ACTION - EQUITY MARILYN J. GERBER 42 Drexel Place New Cumberland, Pennsylvania 17070 Defendant 1 2. 3 COMPLAINT COUNTI LIBEL The Plaintiff, Fred E. Gerber, II, is an individual and resides at 4287 Kearney Lane Fairfax, Virginia 22033. The Defendant, Marilyn J. Gerber, is an individual and resides in Pennsylvania at 42 Drexel Place, New Cumberland, Pennsylvania 17070 and resides in California at 1832 Gough Street, Apt. 2, San Francisco, California. At the time Defendant committed the libelous acts and publications hereinafter set forth, Plaintiff was an officer in the United States Army with the rank of Colonel. His position and AAComplaint 10699.wpd title then and now are Director, Health Care United States Army. Operations, Office of the Surgeon General, 4. Plaintiff is a graduate of the Pennsylvania Military Academy, Class of 1973 and has served as an officer in the United States Army continuously since May 1973. 5. During the period aforesaid, Plaintiff has enjoyed not only the confidence of his military superiors but also the esteem and respect ofthose who work with him and know him, and the community in general. 6. Defendant knowing the above and intending to injure Plaintiff, to deprive him of his good name, to cause him to be removed from his office and be dismissed as an officer ofthe United States Army, or to prevent his promotion to the rank of Brigadier General thus causing his involuntary retirement, did falsely, maliciously, wickedly and illegally make and publish ofand concerning Plaintiffand of and concerning Plaintiff as a military officer, the following false, scandalous, defamatory and malicious writings and libels, in substance as enumerated in Paragraphs 7, 11, 12, 13, 14, 15 and 16. In a Petition filed with the Court of Common Pleas of Cumberland County, Pennsylvania, Orphan's Court Division, Re: The Estate of Fred E. Gerber, deceased, No. 21-98-195, on ;;, A:\Complainl10699.wpd July 22, 1998, the Defendant in Paragraph 16 thereof, averred that "... Fred E. Gerber, II has the profession of being a past Delta Force Commando Assassin..." 8. The said averment was not pertinent, relevant or material to the subject matter of the Petition. 9. The statement that Plaintiff was a past Delta Force Commando Assassin is false and without any foundation. 10. Plaintiff has never been a Delta Force Commando Assassin. 11. Defendant wrote a letter to Lieutenant General Ronald Blank, U. S. Army Surgeon General, Falls Church, Virginia, 22041-3258 dated December 17, 1998 which letter was subsequently received by Lieutenant General Blank. (A copy of said letter marked Exhibit "A" is attached hereto and incorporated herein by reference.) 12. Defendant alleged on Page 2 of the said letter, "I will also bring to the JAG Officers ... his overt racism and bigotry of Afro-Americans in the military and civilian world; his hatred and mental struggles of the special ops training he has been part of ...his mental and verbal/physical abuse of his two children who are now calling me for help and explanations; his long standing history of hatred of women ..." 3 AAComplaint 10699.wpd 13. Defendant further alleged on Page 3 of said letter, "My brother has also lied and perjured himself in correspondence and verbally in the probated estate of our aunt and investigations of our father's estate and trusts." 14. Defendant further alleged on Page 3 of the said letter, "He has fabricated a large lawsuit against me under my mother's signature trying to prevent me from seeing my mother, making false charges ..." "He consistently violates my civil liberties." 15. Defendant further charged Plaintiffwith the crime ofAssault and alleged on Page 3 ofthe said letter, "He assaulted me in our family home with witnesses in Feb. 1998 and also in my fathers ICU room in Feb. 1998." 16. Defendant further alleged on Page 4 of the said letter, "My mother and myself are completely crushed by his behavior and his actions. He has terrorized me and my family long enough." 17. Plaintiff denies each of the allegations set forth above in the letter and states that each allegation is false. 4 A:\Complaint 10699.wpd 18. Plaintiff has never engaged in racism or bigotry of Afro-Americans, which has been documented in over 26 annual efficiency reports citing plaintiffs active support of race relations. 19. Plaintiff did not hate the special cps training which he has engaged in. Plaintiff has developed a distinguished reputation for medical excellence. 20. Plaintiff did not mentally or verbally/physically abuse his two children. Plaintiffstwochildren did not call Defendant for help and explanations. 21. Plaintiff does not hate women and has no history of hating women. Plaintiff has a reputation for promoting women in the military. 22. Plaintiff did not lie or pedure himself for the estate of his aunt or the estate or trust of his father. 23. Plaintiff did not cause the Defendant to be falsely arrested and did not make false charges against Defendant. Plaintiff advised his mother that she should seek legal redress for the harassment she was experiencing by Defendant. 5 A:\Complaint 10699.wpd 24. Plaintiff did not fabricate a lawsuit against Defendant making false charges under Defendant's mother's signature. This lawsuit was brought by Defendant's mother of her own free will and resulted in an injunction being issued against Defendant by the Cumberland County, Pennsylvania Court of Common Pleas. Plaintiff did not violate Defendant's civil liberties. 25. Plaintiif did not Assault Defendant in their family home in February 1998 and did not assault Defendant in their father's I.C.U. room in February, 1998, and Plaintiff was not and is not guilty of the crime of assault. 26. Plaintiff did not terrorize Defendant or Plaintiffs family. 27. Plaintiff further states that the said material in the Petition and in the letter to Lieutenant General Blank are false and malicious libels. Plaintiff denies the truth of all charges so injuriously made against him in the Petition and in the letter. 28. The words published of and concerning Plaintiff were wholly false and were published with the intent and for the purpose of injuring Plaintiff in his reputation and his occupation. 6 A:\Complaint 10699.wpd 29. By reason ofthese libels, which were malicious, willful, wanton, reckless and abusive, Plaintiff has been brought into reproach and Plaintiff has suffered in character and feelings, for which Plaintiff seeks punitive damages and attorneys' fees. COUNT H SLANDER 30. Paragraphs 1, 2 and 4 hereinabove are incorporated herein the same as if set forth at length. 31. At the time Defendant committed the slander hereinafter set forth, Plaintiff was an officer in the United States Army with the rank of Colonel. His position and title then and now is Director, Healthcare Operations, Office of the Surgeon General, United States Army. 32. Defendant knowing the above and intending to injure Plaintiff, to deprive him of his good name, to cause him to be removed from his office and be dismissed as an officer of the United States Army, or to prevent his promotion to the rank of Brigadier General thus causing his involuntary retirement, did charge Plaintiff with the crime of Assault and falsely, maliciously, wickedly and illegally speak the following false, scandalous, malicious and defamatory words, in substance as enumerated in Paragraphs 33, 35 and 36. 7 A:\Compl ai nt 1 n699. wpd 33. Defendant lodged a Complaint with the Harrisburg Police that Plaintiff assaulted her in her father's I.C.U. room in February 1998 and Sergeant Brown of the Harrisburg Police investigated the Compliant and found it to be without merit. He stated "Victim appears to be mentally unstable and was extremely interested in utilizing thejustice system against family for a minor episode." (The report of Sergeant Brown marked Exhibit "B" is attached hereto and incorporated herein by reference.) 34. Plaintiff states that the statement to Sergeant Brown was a false and malicious slander. Plaintiff denies the truth of all charges so injuriously made against him in the charges to Sergeant Brown and that Plaintiff was not guilty ofa crime. 35. Defendant told an agent of the C.I.D of the United States Army that the Plaintiff physically and verbally assaulted Defendant on February 21, 1998 in Room 19, Intensive Care Unit of Harrisburg Hospital, Harrisburg, PA. (The Report of the C.I.D., United States Army is marked Exhibit "C" attached hereto and incorporated herein by reference.) 36. Defendant told an agent of the C.I.D. of the United States Army that the Plaintiff physically assaulted Defendant by picking her up and pushing her against a wall in Fort Sam Houston, Texas. 8 A:\Complaint 10699.wpd 37. Plaintiff first received the said Report on or about August or September 1998. 38. Plaintiffdid not physically and verbally assault Defendant on February 21, 1998, in Room 19, Intensive Care Unit of Harrisburg Hospital, Harrisburg, PA. 39. Plaintiff did not physically assault Defendant by picking her up and pushing her against a wall in Fort Sam Houston. 40. The said statements to Sergeant Brown and to the C.I.D. of the United States Army concerning the Plaintiff were wholly false and were made with the intent and for the purpose of injuring Plaintiff in his reputation and his occupation. 41. By reason ofthese statements which were malicious, willful and wanton, Plaintiff has suffered in character and feelings, for which Plaintiff seeks punitive damages and attorneys' fees. COUNT III PLACING OF PLAINTIFF IN FALSE LIGHT 42. Paragraphs 1 through 41 hereinabove are incorporated herein the same as if set forth at length. •J 9 AAComplaint 10699.wpd 43. Defendant stated in open Court on October 1, 1999 in the Cumberland County Criminal Case of Commonwealth of Pennsylvania v. Marilyn J. Gerber, that Plaintiff wants to kill her and someday would kill her. 44. Defendant stated in open Court on October 1, 1999 in the Cumberland County Criminal Case of Commonwealth of Pennsylvania v. Marilyn J. Gerber that Plaintiff was a Delta Force Commando assassin. 45. Defendant's statements set forth in paragraphs 43 and 44 above are not pertinent, relevant or material to the said Criminal Case. 46. The matters set forth in paragraphs 7, 11, 12, 13, 14, 15, 16, 35, 36, 43 and 44 are private facts and false. 47. The matters set forth in paragraphs 7, 11, 12, 13, 14, 15, 16, 35, 36, 43 and 44 are not of legitimate concern to the public. 48. Defendant had knowledge of or acted in reckless disregard as to the falsity of her statements and the false light in which Plaintiff would be placed. 10 A:\Ccmplaint 10699.wpd 49. Defendant knew or should have known that the false light in which she placed Plaintiff would be highly offensive to a reasonable person. 50. Plaintiff is a reasonable person of ordinary sensibility. 51. As a result of Defendant's conduct and actions aforesaid, Plaintiff had difficulty in sleeping, lost peace of mind, suffered severe mental anguish, became embarrassed and humiliated, and has serious concerns as to the effect Defendant's conduct and actions will have on his military career. 52. Plaintiff, because of the conduct and actions of Defendant, sought legal advice and has incurred attorneys' fees. 53. By reason ofDefendant's conduct and actions which were malicious, willful, wanton, reckless and abusive, Plaintiff has suffered in character and feelings, for which Plaintiff seeks punitive damages and attorneys' fees. WHEREFORE, Plaintiff demands judgement against Defendant as follows: AAComplaint 10699.wpd A. For an amount in excess of $25,000, plus costs and attorneys' fees; for punitive damages; B. For an Order enjoining Defendant from publishing libelous statements concerning Plaintiff; 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:, Richard C. Rupp Attorney I.D. #34832 355 N. 21" Street, Suite 205 Camp Hill, PA 17011 (717)761-3459 Attorney for Plaintiff 12 VERIFICATION I, Fred E. Gerber, II, verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unworn falsification to authorities. Date: 2S ?9s t!7?- oecembnr 17, 1998 Can Ronald Blank US Ismy Sargene General Falls Church, VA 22041-3258 bear General 81aak: I have le6 ffice and spoken to Several of your executive thecPtiesrserous admregardtaq mycamplaaatsmwotherch hi,iColonel Frad E Gerber and nave lodged with Ybrtr?•olftoc([]/? Today, with Paulina's assistance, S called Ca+.L'hil SavdtfA the .TUG offices for ME000M la Texas. I asked him to do 1 a formal investigation on my charges of my brotly-'s behavior with me, my mother and our family- S am charging that my brother for over 22 years and especially s vernally and physically abused me, -These ebarges ith can be yes year backed letters witnesses. Itnisws crime a ab se a'Wo idenca and with I shall also file formal char man in con caagain and my brC.her_!or his pathological pursuit to civil cli court ette against rain my'private, professional and financial 1ife. y abuse,and S am also charging my brother w:L= unilaterally attempting to .separate my mother from me aad Gtnat% great mantas an for ber, my sistee d military friends and her family, and our extended lam yl h an HOST LMFCBTANTLT, Mr sROMuM IS THE LEGAL TRUATEL OF am of THE MAN! TRUSTS My FIITHER, COL FRED E GERBER I DECEAM 2%22198) HOMMISHED FOR HIS =UREN AND EMS WiBE- Hy brother is mandated to elect a snsbtitute trustee and executor for us and my mother when he is on fall alert and unable to came and assist my mother with her medical nedds, her ADL's, and her financial needs. Also I have made several requests under smerq'eacy conditions for monies from the trust and my hsothar refuses me any information, any monies or ANY dialogue with him- My brothers legal counselors also do not return my phone calls cc me.;?- Over the last two- months r have received phone calls and letters from several colonel and General's wives asking me why they cannot reach my mnthet- of see her. S have received long distance calls from close internarional and national friends and silitary friends of my father and mother as to why they cannot reach my mother. Hy brother bas ohangad my mother's phone, house and made drastic changes to our 84 year old mother lifesu#e- =hat has caused her enormous anguish and grief- v #142c ML="a4 EXFUBIT "A" A-) page two Ky mother is in early stages of Dementia and my father and I as well as several of her irsands who are Colonel's wives from the New Cumbarlaad Wivas dub are vary nlsar of her physical and declining mental condition. I am and have been my parents primary caregiver and am aluo a registered nurse who specializes in alder care and gardAtric dizeaaes. r dm also licensed to practice in Penns and several other states. My brother has violated every shred of protocal and confidentiality rules regarding medical history and has manipulated him status while in uniform and out of uniform to patholoeially hurt an. il4 his wife and Hj.B hatred of me is wall documented =a friends. To this day it remains saad3??. My brother has taken overt and open steps to rain my nursing career and used any and every one of his past friends prom'. the military Who served with him (especirlly in the 91 aulJ: was) to locally in the narrlsburg area to prevent as from working. My brother has made statements repeated to me by my mother and my sister that my brother stated,"she will never work again as a nurse.; My brother has also-in conjunction with his lawyers falsely had me arrested in late July, 1998 on trumped up charges of harassing my mother. $e has refused to provide data concerning our mother, our gust and has lemmas red VALTX&L _ q = of mm which; to S11ega1K+??./ ffa6 2 will also brLng to the JAG officers a long history of my bro*Ur-s psychiatric behavior that has been long documented as long ago when he was ROTC student at PMC (Penns. Military CollagalS his assault of an adolascent in Germany where be started his military careeri his overt racism and bigotry of A.frm-Americana in tbs. military and civillan world; his hatred and mental struggles at the special ops training he has been part ofj his almost bavjhq a mental breakdown when he was asaigbad in Fares on the DM2 11"; his mental and verbal abuse of his wife, Petra who has many rimes wanted a divorce from him, his mental and verbal/pbYsical abase of his two children who are now calling me for help and explanations; his long standinq history of hatred of vomen from hjg, first girlfriead, camile at PMc to Lacludiaq me and other women Stationed with Fred at Ft Bragg. long our pettar his wife has that my brother calls, conversations with her and my As late as March, 1998, Petra called 1= tears and bvsterzcs asking for her divorce her hbaband, my brother. family with requestz and S have telsphoma S parents aver my brathe f our 83 year old mother. heip and wanting to A-2 page three Our family has served this country and thin QS ARMr With distinction and this goes for rho famaLa dependents and my mother for most Of our lives. We have endured the Rains, fears sad e=ities of each of ay brother's special operations especially his intense idvolvement in Panama, the 91 Gulf WAR and now this ==ant crisis. When our father was hospitalized for approximately 38 days 14 the ICUr my brotber in January-:and 8ebrnary 1998 was invelved is special operations for the early Iraq cri.bis. My mother was not only snuggling with her husband's health, bat was hysterical that my brother would go overseas again. She shared this fear with many ratir"'Colonel's wtvws. My brother has essentially not been presant in tba last ten years of our parsats lives and especially bas not been present In the declining and seriaiss health of our mother and father. My brother has also lied aad P8rinred°himaelf in cmrrespondence and viarhally in the probated estate of our aunt and ia- y?????? veStigaticns of our father's estate and true" +my brother' Ak"Awl ham also taken conaidarable mates from our father and in N Civil Conrz^. * shall so6ftaa bis IBS and finzac:La documents. sty brother has also taken many legal and personal.dooamanto from MY :ftthAr which are necessary for my Aunt's aState as well as ?gp father's. Se consistently Jas to there presence. 7 Gl1G?tF/'1lfI/.u?r(/4fids?tJ,rr ri ,v,QBAaG. 8y brother has refused to pava without a shadow of a doubt as to my mother's physical and mental statue. $e has fabricated a large law snot againrt me uanar my mother's signature trying to prevent me from seeing my mother, making false charges and moss importantly trying to get as to not talk about the family pathology which happened in our family. He consistently ffiolates my civil liberties. Currently I have axhaustad all of my personal r1ja Maas, I am having diffi.colty in finding workr I have no manias to seek legal counsel or medical assistance and my friends and physicMam, (some of whom are past Army dactars) are greatly concerned as to my medical and persoaal.'status. • ap brother is cUmPLo=Y AND QRa aTERALLLY RESPONSTSLE FOR. ALL THE= EVENTS SINCE JANUARY 1998. #e-assualted me in our family home with witnesses in Feb 1998 and also in my father's Icu room in Feb 1998. Each time with witmessaa. Ia the past, my brother was smart to make sure there were not a lot of people around or only ear immediate family. Hat my brother 1s slippinq and becoming more and more destructive and this makes him more dangerous sad possibly deadly. I have alerted everyone I know that I am terrorized by hir A-3 page tour and totally awarn that my brothar is capable of k1111nq me. Domsetic violence accounts for the majority of woman's den 1= the as and is very prevalent in the military/d#K?( X=aA i MY ZROTNM say CONPL81'SLY DISGRACED EINSELP AND Ras 9SATTMUM v OUR PAMY, OUR PRIVACY, OUR DIGNITY AND ASILITY To GRIEVE am PA'!um t S DEATH. MY MOZORR AM MYSELF AM CDU@LETELY CRUSHED BY HIS BEHAVIOR Am HIS ACTIONS. EE SAS TSRRORnm HE AND my PwLY LONG EMOUGS. CZR AS YOU '1M DOE S SOT THE 17B ARMY PROMISED TO IQ7;P?LTS DEPENDENTS AHD SPOOSSS SAFE MWX MMM- SELP ME AND MY FAMILY. _ PLEASE I AM UVGING YOU COSTXNED AND NEEDS KWICAL hff 2=22M UZZOS TO BE I_sm L NOT MT GNPPL HE RECEIVE RELIEF AM J=TICE-.P. It LS a sad day to have to take up a complaint agalj=t my brother. It is a sad day as a nurse to have to admit and act on my brother's pathological. behavior. In some sanos, the military created ind=facilitatad my b=rheris pathology. I roma= always ready to arsi.t him in his recovery and theraPy- I Ana be reached by pager only at 1415) 414-3261 with a pager/one minute voice mail*ay3?ty.I Mize rAay ism" }gape year, hands fall ==early, always involved in special operations. OUR FAMILY NEEDS Tom kwu TOO- T also w111:h to inform you that I and my mother are legal eox.che anal swiss s Embasy in .3eC. also maljad the military inform him of my Probl_ at the Swiss Embassy in history with Switzerland and the business community a orasp and the government. I V?GERLY A1VLIT YOUR RESPONSE. I AAHT s801i VE ACCESS BY PSOVE WITH MY H&rr-'" WEE2 AND TO BA $$E SERVED MS F?THEQ, MS FAMILY AND MY ffitoTRER WPS.L-:6S WELL AS TEE US, the MILITA= AM TIM TINTMWATIONAL COMWWZTY. Anymore deaths will destroy bar. 7 3lacarely, *y .21C N&rJ &U#AeOUWdr i7? „^^-lm Garber, RN PS Please examen my tyginq. I do not have a computer nor ac = a good typist, and I as rushed to gat this out to you. A-4 DISPATCH INCIDENT: 19980208838 HBG CALL TYPE: ASSAULT LOCATION --------------------------------- 00119 S FRONT ST ALARM CTAK DPAT VEH-REGISTRAT MAKE --------------------------------------- N KMN1 KMN1 UNIT BADG OFFICER ------------------- 220 502 BROWN PAGE. I' --GRID-- CCL- - UCR ----- IPG ---- DISPO PRI 0105 040 2642 - Y ----- 02 6 --DATE- - RECV ----- DISP ------ ARRV -- CLR TOTT REP 19980221 1943 1943 --- 1944 ------------- ' 2010 0027 --------------------------------- RALPH C 19980221 1943 1944 2010 NAMES: GERBER MARILYN JO (C) 000 000 0000 GERBER, COL. FREDRICK JR E (S) LANGAN 000 000 0000 SUE LOPEZ JUSTO (W) (W) 717 7 782 3131 17 782 3131 COMMENTS: 41ER ASSAULT COMPLAIENT COMP.: MARILYN J. GERBER W/F/47 OF 1830 GOUGH ST SAN FRANSICO CA. . SUSPECT: COL. FREDRICK E. GERBER JR.U S ARMY I BOQ NEW CUMB ARMY DEPOT. DR. NEW CUMBERLAND, PA PARENTS . @'623 . HILLTOP COMP ALLEDGED THAT SUSP GRABBED HER ARM AND PUSHED HER WHILE VISITING TERMINALLY ILL FATHER, APPROX. 1745 HRS. WHILE IN 5-41 ICU. COMP STATED THAT THIS IS AN ONGOING PROBLEM BETWEEN SIBLING WHICH HAS ESCALATED ON THIS DATE. PROVIDED COMP W/ VERBAL INFO REGARDING DOMESTIC VIOLANCE AND PFA. ALSO ASSISTED W/ TELEPHONE $ FOR WOMEN IN CRISIS. VICTIM APPEARS TO BE MENTALLY UNSTABLE AND WAS EXTREMELY, INTERESTED IN UTILIZING JUSTICE SYSTEM AGAINST FAMILY FOR A MINOR EPISODE. CONTACTED HOSPITAL SECURITY FOR INFO ON INCIDENT. REPORTS REFLECT INCIDENTS BEGINNING @ 1259 HRS. THIS DATE RELATIVE TO COMPS INTERFERANCE W1 FATHERS TREATMENT. FAMILY ALSO CITED COMPS' MENTAL INSTABILITY AND ASKED THAT HER VISITATION BE RESTRICTED. COMP WAS WARNED NOT TO INTERFERE. REPORT OF INCIDENT @ 1745 REFLECTS, BY COMPS' OWN ADMISSION, THAT SHE ATTEMTED TO CHANGE FATHERS BANDAGE W/O HOSPITAL APPROVAL. SUSPECT GRABBED HER ARM AND MOVED HER AWAY FROM PATIENT AND IMMEDIATELY CONTACTED HOSPITAL PERSONNEL. "NO CHARGES TO BE FILED". RECOMMEND THAT CRISIS INTERVENTION BE CONTACTED IF ANY FURTHER CONTACT W/ COMPLAINANT: 14ARILYN J.GERSER. ai EXHIBIT "B" .-" Mentors" Brant:' OFO1aa Sep 28 an tOs03s ----------------- ENT'S IMSTIOATTON REPORT _---1.A 1-931.393-2019 s.6 - - 0084-98 CID076 - C11) Itagulation 195-1 PAGE 1 OF PAGES ------ BASIS this office received a on ?RF from Np. 22nd 6n, tlg151DC to Request FOR for r Investigation vgata May 9, intrtview Ms. Marilyn Jo G AB t rdD?J Tel: `/ pp ,? (NFI), and o din details eos:cs ing her allegations of bt Pntaggoon. 214-54- 9ssa: officeaottthe Surgeon Gelneral, Thede NARRATIVE: 1. INTBRVT.EW OF CokptAVANT: 1.1 Ms. GERBER: At 1245, 8 GERBER, who related her bra verbally assaulted her. Me .a at the intensive Care Uni iital,_Harrisburg, PA, Cot _0 s 9Cot GERSA has is to turn off ,Ma. GERBER stated the incident was reFwr ? Tel: 1 L Harrisburg Police Department, Badge and the ramort number is -7 i_,? Ms. GERBER alleged at an undetermined time. while at'Tort Sam Houston TX, COL GERBER again phyysically assaulted her by picking {ar up and ERBBing nos dupe srvtiea ell. Me. the poRtaaggontef thehallegation ed Cot c AGENT'S COM3WS; During this courea of the intarviaw with Me. mmaed ?entauoned&atralleged°incidefte with theeinte?ligeee cosmunit9y. Me. GERBER made Comments as to being a Swiss Citizen who apeakz six langquuages. sha related she had numerous college d"raes. Me. GERBER would make camment as to knowing movie store and political figures. Ms. GERBER made mention of cpaaking to General SHELTON, ctcs, claiming he has knowledge of bar alleggations. When attamEts were made: to get specific information about the alleged assaults and alleged Army on-related to COL, GMERRBER or the allegations.n Mr.oGERBERO'oics. allegations consisted of physical/varbal abuse byERCot GERBER thraughaut her life. a SGERBER stated CoL ME89 has told stated Aceusad her of being psychiatric CDL GERBER has individuals attemptingg to locate and kill her. ft. GERBER refused to provide any information as to her vi:eranbouts and any further contact would be via telephone. --------- ------ -- Monterey Branch office i 6th HP Gp (CID), rsY, CC-___-_-- Datpr--a: ---- of M----- y, CA 97946-0776 .D_ Sxhlbit: I 12 May 98 1 ---------------'_--------- CID Form 96 11 eXhr81T c` 211-a MAC 'a 99Cd SVYE-199-EC/ r _--j SNOIlYhhO 80109810 CSY46b-eaij 1940 EE-4:0-12 gap es so td:O3a Monterey HPo"Ch OvPloe 1-831-393-2018 ent1. special Agent in Charge 1 AIA of CHMSELEWSC.2, 12 May 98 G -2- PI 1-d 01/f0 'd 99C-1 f16f-I19-fol SNOIlY83do K133810 OnCON-lejd P.7 2 I1:B0 81-110.11 ems-' v? L G. TIC.: j L.? _ Cr R, W-; 1_. C. Lr. C1 C. ` l U SHERIFF'S RETURN - REGULAR CASE NO: 1999-04214 P k9? ty COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GERBER FRED E II VS. GERBER MARILYN J RICHARD HOWELL Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT was served upon GERBER MARILYN J the defendant, at 13:30 HOURS, on the 1st day of November 1999 at CUMBERLAND COUNTY COURTHOUSE COURTROOM # 4 CARLISLE, PA 17013 CUMBERLAND , County, Pennsylvania, by handing to MARILYN J. GERBER a true and attested copy of the NOTICE AND COMPLAINT together with IN EQUITY and at the same time directing Her attention to the contents thereof. Sheriff's Costs. Docketing 18.00 Service Affidavit 00 Surcharge 8.00 $_' . RUPP F 11/03/1 b Sworn and subscribed to before me this G day of /L..1? 19_jj: A.D. ?o on ar ? So answers. FRED E. GERBER, II, Plaintiff V. MARILYN J. GERBER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4214 EQUITY TERM CIVIL ACTION- EQUITY PRAECIPE Please enter my appearance as counsel of record for the above-captioned Defendant. Respectfully submitted, II_ 3O- q? cc: Richard C. Rupp, Esquire 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX y r LZ L, :? ? FRED E. GERBER, 11, Plaintiff V. MARILYN J. GERBER, Defendant I. Admitted. 2. Admitted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 994214 EQUITY TERM CIVIL ACTION - EQUITY ANSWER COUNT I - LIBEL 3. Denied. The Defendant specifically denies the characterizations of her acts and publication. Furthermore, the Defendant, after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the averment regarding the Plaintiff's rank, position, and title. Specific proof is demanded at trial. 4. Admitted. 5. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the statement. Specific proof is demanded at trial. 6. Denied. The Defendant did not intend to harm the Plaintiff, but rather was motivated to protect herself. Furthermore the specific characterization of her writing is also denied. 7. Denied. The Defendant does not recollect this statement, nor has the Defendant been supplied a copy of the transcript of the legal action described in Paragraph 7 of the Plaintiffs Complaint. 8. This is a statement of law to which no response is necessary. 9. Denied. The Defendant was informed by her father, Fred E. Gerber, of the Plaintiff's affiliation with the Delta Force branch of the military. 10. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment asserted. Specific proof is demanded at trial. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Denied. The Defendant asserts that the allegations set forth in the above-referenced letters are true. 18. Denied. The Defendant has personal knowledge of the Plaintiff's racism and bigotry of African-Americans over the course of her lifetime. The Defendant, however, has no knowledge or information sufficient to form the belief as to the truth of the averment regarding the annual efficiency reports concerning the Plaintiffs support of race relations. Specific proof is demanded at trail. 19. Denied. The Plaintiff had made numerous statements to the Defendant regarding his dislike of special ops training. The Defendant is without knowledge or information sufficient to forma a belief of the truth of the averment made regarding the Plaintiffs distinguished reputation for medical excellence. Specific proof is demanded at trial. 20. Denied. The Defendant has, in the past, witnessed both verbal and emotional abuse of the Plaintiffs children. Furthermore, the Plaintiffs children have in the past sought out the Defendant to provide an explanation for the Plaintiffs unreasonable hatred toward the Defendant. 21. Denied. The Plaintiff has a manifest hatred for the Defendant who is a woman. Furthermore, the Defendant has, on different occasions, heard the Plaintiff make derogatory comments regarding women. 22. Denied. The Defendant avers that the Plaintiff in fact made false statements regarding both the estate of his aunt and his father. Whether the false statements met the legal criteria of perjury is a statement of law to which no response is necessary. 23. Denied. The Plaintiff did independently work without the parties' mother's knowledge to secure an attorney in pursuit of charges against the Defendant. As the parties' mother is of advancing age and is susceptible to memory loss and/or confusion, the Plaintiffs activity, which he has characterized as "advice," regarding his mother, were actually his own acts which he would later attempt to ratify by procuring the signature of the mother. 24. Denied. Reference the answer in Paragraph 23. Furthermore, the parties' mother has stated to the Defendant that she had no knowledge of the prior lawsuit pending against the Defendant nor of the injunction against the Defendant filed in the Cumberland County Court of Common Pleas. 25. Denied. The Plaintiff did in fact physically assault the Defendant on both referenced occasions. 26. Denied. The Plaintiff has terrorized and caused harm to the Defendant and his family. 27. Denied. The Defendant avers that statements made in the correspondence to Lieutenant General Blank were true. 28. Denied. The Defendant avers that the statements made in the letter to Lieutenant General Blank were true. The Defendant further asserts that the words published by her were intended for the sole the purpose of seeking protection and relief from the Plaintiff's injurious acts. 29. Denied. The Defendant specifically denies the characterization of her acts. Furthermore, the Defendant is without knowledge or information regarding the Plaintiffs alleged harm, and therefore demands specific proof at trial. COUNT Q - SLANDER 30. No response is necessary. 31. Denied. The Defendant specifically denies the characterization of her acts. Furthermore, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the Plaintiffs rank, position, and title. 32. Denied. The Defendant's actions were specifically intended to protect herself, and not to injure the Plaintiff. 33. Admitted and denied. It is specifically admitted that the Defendant lodged a complaint with Harrisburg Police regarding an incident in the parties' father's hospital room in February 1998. The Defendant specifically denies the Complainant's characterization of Sergeant Brown's finding. 34. Denied. The Defendant denies that the statements made to Sergeant Brown were false and/or malicious. Further more, the Defendant avers that the Plaintiff in fact assaulted her which resulted in the report. 35. Admitted. 36. Admitted. 37. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment. 38. Denied. The Plaintiff did in fact assault the Defendant as indicated. 39. Denied. The Plaintiff did in fact assault the Defendant as indicated. 40. Denied. The Defendant's statements to both Sergeant Brown and the C.I.D. of the United States Army concerning the Plaintiff were true. Furthermore, contacting the above parties was the Defendant's rightful course of action in seeking protection and relief from abuse from the Plaintiff. 41. Denied. The Defendant in pursuit of her own safety made the statements. Furthermore, the Defendant has no knowledge or information sufficient to form a belief of the truth of the harms alleged, and therefore demands specific proof at trial. COUNT III - PLACING OF THE PLAINTIFF IN FALSE LIGHT 42. No response is necessary. 43. Denied. The Defendant was not in a Cumberland County courtroom on October 1, 1999, but was in fact at her residence in California. 44. Denied. The Defendant was not in a Cumberland County courtroom on October 1, 1999, but was in fact at her residence in California. 45. This is a statement of law to which no response is necessary. 46. Denied. The Defendant has not made false statements regarding the Plaintiff as referenced in the preceding paragraphs. The Defendant further denies any legal characterization of such statements, and demands specific proof at trial. 47. Denied. The Defendant has not made false statements regarding the Plaintiff as referenced in the preceding paragraphs. The Defendant further denies any legal characterization of such statements, and demands specific proof at trial. 48. Denied. The Defendant acted upon the instructions of the C.I.D. investigating officer of the United States Army, and the J.A.G. investigator of MEDCOM for the United States Army in supplying truthful and factual information concerning the Plaintiff. 49. Denied. The Defendant indicates that the statements madder were true and therefore did not place the Plaintiff in false light. Furthermore, as the Defendant's conduct was intended to protect herself and cannot be characterized as offensive. 50. Denied. This is an averment of law to which no response is necessary. Furthermore, specific proof is demanded at trial. 51. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the harm averred. Specific proof is demanded at trial. 52. Denied. The Defendant is without knowledge or information sufficient to form a belief as to the truth of the harm averred. Specific proof is demanded at trial. 53. Denied. The Defendant denies the Complainant's characterization of her conduct and actions. Furthermore, the Defendant is without knowledge or information sufficient to form a belief as to the truth of the averments regarding harm suffered. Specific proof is demanded at trial. NEW MATTER 54. Paragraphs Ithrough 53 hereinabove are incorporated herein by reference. 55. Plaintiff has a history of pursuing legal matters against the Defendant. 56. Over the last year, the Plaintiff filed and pursued a Complaint of Harassment against the Defendant on behalf of the parties' elderly mother, Docketed in the Cumberland County Court of Common Pleas. 57. The Defendant has had to incur substantial attorney's fees to defend herself against the harassment charge. 58. On or about November 3, 1999, the Court rendered an ultimate disposition of the Defendant harassment charge. 59. Moments after the disposition, and while still in the courtroom the Defendant was served notice of this legal action. 60. The Defendant therefore had to secure the services of an attorney to defend this current action. 61. The parties' father, Fred E. Gerber, established a trust for the care of the Defendant that is administered by the Plaintiff. 62. The Defendant sought to remove proceeds from this trust to facilitate her procuring legal representation. 63. The Plaintiff, in his fiduciary capacity over the trust, declined the Defendant's request. 64. This most recent action is designed to harass and further exact the Plaintiffs personal vendetta against the Defendant. WHEREFORE, The Defendant respectfully requests this Honorable Court to dismiss the Plaintiff's request on all counts, award the Defendant attorney's fees, and all such other relief as the court deems appropriate. Dated: I - a - 10, Attorney for the Defendant 401 East Louther Street, Suite 103 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 FAX FRED E. GERBER, IL IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO, 99.4214 EQUITY TERM MARMYN J. GERBER, Defendant CIVIL ACTION- EQUITY WERIFICATION I verify that the statements made in the foregoing document are irttc and comet I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. FRED E. GERBER, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4214 EQUITY TERM MARILYN J. GERBER, Defendant : CIVIL ACTION - EQUITY CERTIFICATE OF SERVICE I hereby certify that on this 3°' day of December, 1999, a copy of the foregoing Answer was mailed via first-class postage to Richard C. Rupp, Esquire, Attorney for Plaintiff, at 355 North 21" Street, Suite 205, Camp Hill, Pennsylvania 17011. Attorney for the Defendant ,_ ? ?•> . _J 1` l U;', CV 1? .i?. ? ?? L'. ' L ( . C;. L? . ? ) G^ ' (il ?