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HomeMy WebLinkAbout06-02-03IN RE: MILDRED J. GERBER TRUST : IN THE COURT OF COMMON PLEAS OF UNDER AGREEMENT, dated : CUMBERLAND COUNTY, PENNSYLVANIA December 19, 1997 and : ORPHANS' COURT DIVISION amended August 2, 1999 : NO. 2001-0092 and January 25, 2001 : OBJECTIONS TO PLAINTIFF MARILYN JO GERBER'S MOTION TO ORDER THE TRUSTEE, FREDERICK E. GERBER, II, TO PRODUCE THE FOLLOWING DOCUMENTS IN THE FORM OF A REGIUEST FOR PRODUCTION OF DOCUMENTS AND NOW, Respondent, Frederick E. Gerber, II, through his attorneys, Rupp and Meikle and Richard C. Rupp, files the following Objections as follows. The Respondent objects to the Production of Documents pertaining to all financial statements which reflect any transactions involving Trust funds or assets which are or were at any time after December 19, 1997 and amended August 2, 1999 and January 25, 2001, held or possessed by the Trust on the following grounds. 1. Petitioner's Motion is in improper form and is not a Request for Production of Documents but merely a Motion. A. The Motion, or if it is a Request for Production of Documents, it is filed to another case and not the Mildred J. Gerber Trust Agreement case. B. Said Motion or Request for Production of Documents is untimely and prohibited by the Auditor's case management plan dated March 5, 2003. C. Petitioner's Request is too inspecific or in the alternative; D. Petitioner's Request is irrelevant. E. Petitioner's Request is sought in bad faith. F. Petitioner's Request is an unreasonable annoyance and would cause unreasonable annoyance and oppression and burden and expense to the Respondent. 2. Petitioner's Motion is in improper form and is not a Request for Production of Documents but merely a Motion. A. The Motion, or if it is a Request for Production of Documents, it is filed to another case and not the Mildred J. Gerber Trust Agreement case. B. Said Motion or Request for Production of Documents is untimely and prohibited by the Auditor's case management plan dated March 5, 2003. C.Petitioner's Request is too inspecific or in the alternative; D.Petitioner's Request is irrelevant. E.Petitioner's Request is sought in bad faith. F. Petitioner's Request is an unreasonable annoyance and would cause unreasonable annoyance and oppression and burden and expense to the Respondent. 3. Petitioner's Motion is in improper form and is not a Request for Production of Documents but merely a Motion. A. The Motion, or if it is a Request for Production of Documents, it is filed to another case and not the Mildred J. Gerber Trust Agreement case. B. Said Motion or Request for Production of Documents is untimely and prohibited by the Auditor's case management plan dated March 5, 2003. C. Petitioner's Request is too inspecific or in the alternative; D. Petitioner's Request is irrelevant. E. Petitioner's Request is sought in bad faith. 2 F. Petitioner's Request is an unreasonable annoyance and would cause unreasonable annoyance and oppression and burden and expense to the Respondent. 4. Petitioner's Motion is in improper form and is not a Request for Production of Documents but merely a Motion. A. The Motion, or if it is a Request for Production of Documents, it is filed to another case and not the Mildred J. Gerber Trust Agreement case. B. Said Motion or Request for Production of Documents is untimely and prohibited by the Auditor's case management plan dated March 5, 2003. C.Petitioner's Request is too inspecific or in the alternative; D.Petitioner's Request is irrelevant. E.Petitioner's Request is sought in bad faith. F. Petitioner's Request is an unreasonable annoyance and would cause unreasonable annoyance and oppression and burden and expense to the Respondent. 5. Petitioner's Motion is in improper form and is not a Request for Production of Documents but merely a Motion. A. The Motion, or if it is a Request for Production of Documents, it is filed to another case and not the Mildred J. Gerber Trust Agreement case. B. Said Motion or Request for Production of Documents is untimely and prohibited by the Auditor's case management plan dated March 5, 2003. C. Petitioner's Request is too inspecific or in the alternative; D. Petitioner's Request is irrelevant. E. Petitioner's Request is sought in bad faith. 3 F. Petitioner's Request is an unreasonable annoyance and would cause unreasonable annoyance and oppression and burden and expense to the Respondent. 6. Petitioner's Motion is in improper form and is not a Request for Production of Documents but merely a Motion. A. The Motion, or if it is a Request for Production of Documents, it is filed to another case and not the Mildred J. Gerber Trust Agreement case. B. Said Motion or Request for Production of Documents is untimely and prohibited by the Auditor's case management plan dated March 5, 2003. C.Petitioner's Request is too inspecific or in the alternative; D.Petitioner's Request is irrelevant. E.Petitioner's Request is sought in bad faith. F. Petitioner's Request is an unreasonable annoyance and would cause unreasonable annoyance and oppression and burden and expense to the Respondent. 7. Petitioner's Motion is in improper form and is not a Request for Production of Documents but merely a Motion. A. The Motion, or if it is a Request for Production of Documents, it is filed to another case and not the Mildred J. Gerber Trust Agreement case. B. Said Motion or Request for Production of Documents is untimely and prohibited by the Auditor's case management plan dated March 5, 2003. C. Petitioner's Request is too inspecific or in the alternative; D. Petitioner's Request is irrelevant. E. Petitioner's Request is sought in bad faith. 4 F. Petitioner's Request is an unreasonable annoyance and would cause unreasonable annoyance and oppression and burden and expense to the Respondent. 8. Petitioner's Motion is in improper form and is not a Request for Production of Documents but merely a Motion. A. The Motion, or if it is a Request for Production of Documents, it is filed to another case and not the Mildred J. Gerber Trust Agreement case. B. Said Motion or Request for Production of Documents is untimely and prohibited by the Auditor's case management plan dated March 5, 2003. C.Petitioner's Request is too inspecific or in the alternative; D.Petitioner's Request is irrelevant. E.Petitioner's Request is sought in bad faith. F. Petitioner's Request is an unreasonable annoyance and would cause unreasonable annoyance and oppression and burden and expense to the Respondent. 9. Petitioner's Motion is in improper form and is not a Request for Production of Documents but merely a Motion. A. The Motion, or if it is a Request for Production of Documents, it is filed to another case and not the Mildred J. Gerber Trust Agreement case. B. Said Motion or Request for Production of Documents is untimely and prohibited by the Auditor's case management plan dated March 5, 2003. C. Petitioner's Request is too inspecific or in the alternative; D. Petitioner's Request is irrelevant. E. Petitioner's Request is sought in bad faith. 5 F. Petitioner's Request is an unreasonable annoyance and would cause unreasonable annoyance and oppression and burden and expense to the Respondent. RESPECTFULLY SUBMITTED, 355 N. 21st St., Ste. 205 Camp Hill, PA 17011 717-761-3459 6 CERTIFICATE OF SERVICE AND NOW, this .~day of June, 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: Amy J. Mendelsohn, Esquire Rhoads & Sinon One South Market Square, 12th Floor P. O. Box 1146 Harrisburg, PA 17108-1146 Jaqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Stanley J. A. Laskowski, Esquire Caldwell & Kearns 3631 N. Front St. Harrisburg, PA 17110 Ms. Jane N. Heflin 270 North Garfield Lombard, IL 60148 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS MILDRED J. GERBER CUMBERLAND COUNTY PENNSYLVANIA TRUST UNDER AGREEMENT ORPHANS' COURT DIVISION dated December 19, 1997, and NO. 21-200:3-0092 v' amended' on August 2, 1999 and ~(~, ~LI--O~.-~-~ ~ January 25,2001 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS FRED E. GERBER, SR. TRUST CUMBERLAND COUNTY PENNSYLVANIA UNDER AGREEMENT, dated ORPHANS' COURT D£VISION July 29, 1994 N~', .~'-~"~."-( ~~ THE ESTATE OF MILDRED JANE GERBER, deceased January 14,2003 ORDER IT IS HEREBY ORDERED, THAT THE ABOVE STATED TRUSTS AND THE ESTATE OF MILDRED J. GERBER BE FROZEN UNTIL A FULL AUDIT IS COMPLETED AND APPROVED BY THIS COURT. IT IS HEREBY ORDERED THAT only moneys for the minimal payment of utilities and upkeep for the home at 623 Hilltop Drive, New Cumberland, Pennsylvania as well as taxes, insurance and similar expenses and insurance and taxes for the property in Baltimore on Edgewood Road by this Court. , BY THIS COURT: Judge: DATE: