HomeMy WebLinkAbout12-28-04 (3)
IN RE: MILDRED J. GERBER TRUST IN THE COURT OF COMMON PLEAS
UNDER AGREEMENT, DATED ORHPANS' COURT DIVISION
DECEMBER 19,1997 COMMONWEALTH OF PENNSYLVANIA
NO 21.2002-0540 v
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IN RE: FRED E. GERBER,SR TRUST NO. 21-1998-0195 v ;'D~ ("T1 (:1)0
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MOTION TO COMPEL FREDERICK E. GERBER, tI TR~fEE TO;':' r-'
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ANSWER FIRST SET OF INTERROGATORIES SUBMITTED -.J
BY MARILYN GERBER ON NOVEMBER 4,2004
AND NOW, comes Petitioner, Marilyn Gerber, Objector to the Accountings for
the above Trusts as ordered by this Court on June 7,2002 and submits the following:
1. Frederick E. Gerber,lI, is the Trustee for the above stated Trusts of Mildred J.
Gerber and Fred E. Gerber,Sr.
2. Auditor William Duncan ordered that Frederick E. Gerber could be directed
to answer Interrogatories since Petitioner could not complete her Deposition of
Frederick E. Gerber,lI on October 14,2004.
3. Petitioner submitted the First Set of Interrogatories on or about November 4,
2004. Pennslyvania Rules of Civil Procedure state that Interrogatories must be
answered within 30 days of receipt. Petitioner delivered the First Set of
Interrogatories to the offices of Richard Rupp,Esquire on or about November 4,2004.
4. On November 17,2004 during a status conference hearing with all parties
present, Mr. Rupp was instructed by Auditor Duncan that he would have to answer
the Interrogatories for the Accounting for years 1998 to 2002. The First Set of
Interrogatories directed by Marilyn Gerber to Frederick E. Gerber," were not part of
the continuance that was granted by Mr. Duncan on November 14,2004.
5. Mr. Rupp stated on November 17,2004 that he would object to the First Set
of Interrogatories as submitted by Marilyn Gerber. Mr. Rupp has not filed any
Objections to these Interrogatories.
6. These Interrogatories were due on December i~::". Petitioner asks this
Court to order Frederick E. Gerber, II to answer the First Set of Interrogatories. In the
event that Mr. Rupp files objections to the Interrogatories based on there being over
questions, Petitioner has explained to Mr. Rupp that because there were over 300
checks, each question addresses each check but essentially all the over 100 checks
are and should be considered one question with a sub-set of each individual check
listed as a number for reference.
7. Frederick E. Gerber," has utilized every tactic of delay and obstruction and
Petitioner asks that this Court assess cost and expenses and any other charges as
the Court sees fit to assess including legal fees for Mr. Rupp be assessed to Frederick
E. Gerber,11 personally and no moneys shall be taken from the Trusts.
WHEREFORE, Petitioner asks that this Court ORDER Frederick E. Gerber," to
answer each and every Interrogatory within two weeks, due on or before, January
15,2004 and that costs and expenses be awarded as well as legal fees for Mr. Rupp
be assessed to Frederick E. Gerber,ll personally and that no moneys shall be taken
from the Trusts.
Respectfully submitted:
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Marilyn Gerber,Pro Sa
717 Market Street,#317
Lemoyne, PA 17043
717 737-5280
DATE: 4u~~i AJtJ'(
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CERTIFICATE OF SERVICE
I, Marilyn Gerber, Pro Se, hereby certify that a true and correct copy of the
attached was served upon the following on the date indicated by placing the same
in the United States Mall. postage prepaid:""" ~
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William A. Duncan, Esquire
One Irvine Row
Carlisle, P A 17013
Jacqueline Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
Richard Rupp, Esquire
355 North 21st Street
Camp HiII,PA 17011
DATE: Cl:~"~ ~f