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HomeMy WebLinkAbout12-28-04 (4) IN RE: MILDRED J GERBER TRUST IN THE COURT OF COMMON PLEAS UNDER AGREEMENT, DATED CUMBERLAND COUNTY, PENNSYLVANIA DECEMBER 19,1997 ORPHANS' COURT DIVISION NO. 21-2002-0540 V ~ IN RE: FRED E. GERBER, SA. TRUST NO. 21-1998-0195/ ~O! .fg~ UNDER AGREEMENT DATED ::?"; ~ ,.... fT1 R s:5 ULY 9 :1:'- -' C"") .,- CJ J 29,1 94 ;::2):>:;; N ;:-,-~ rn -> :z; :::0 co -- ;: J CJ _?; en ;A. -' r-) JOO -0 ~T1 n c') 11 :x _:,- :!J ANSWER TO PETITION BY JACQUELINE VERNEY::'JS ~ ~~ M FOR AN ORDER TO SIGN STIPULATIONS AND )5l---i ::; t.,-:> ~ HAVE COUNSEL FEES ASSESSED AGAINST 0" MARILYN GERBER AND FREDERICK E. GERBER,II AND NOW, comes Marilyn Gerber,Pro Se and answers the Petition filed by Jacqueline Verney, Esquire, "Petition for Rule to Show Cause Why Stipulation Should Not Be Made An Order of Court" on December 22,2004 and answers the following: 1. Petitioner made a proposal to Auditor William Duncan, Esquire and to Frederick E. Gerber,lI, Trustee of the Mildred J. Gerber Trust and the Fred E. Gerber,Sr Trust to combine Accountings for the years 2002,2003 and 2004 along with the Accountings that this Court ordered in June 2002 for the years 1998 through July 8, 2002 and have one hearing. This proposal was made in mid November 2004 and it was accepted by Frederick E. Gerber,11 which effectively continued to hearings for the Accountings for the years 199802002 which were scheduled on November 15,16,17,2004. 2. Auditor William Duncan scheduled a status conference hearing on November 17,2004 where all parties were present including PNC Bank. At this status meeting a new and revised calendar schedule was discussed and agreed upon. 3. Stipulations were discussed and Jacqueline Verney accepted the task of drafting the stipulations as they were sworn to by all parties on November 17,2004. 4. Jacqueline Verney got up during the November 17,2004 and read off her notes before all parties swore with the understanding that she would draft up her notes for each party to sign and approve. 5. This Petitioner upon receipt of Ms. Verney's draft of the stipulations OBJECTED to her draft version and immediately answered her letter as well as wrote to Auditor Duncan with her position and a full explanation of her reasons for not signing Ms. Verney's draft. 6. Richard Rupp, Esquire, attorney for Frederick E. Gerber,1I has NEVER answered any letters nor corresponded on the draft that Ms. Verney sent to all parties. In fact, Richard Rupp has been conspicuously SILENT and absent from any activities surrounding any matters for the Mildred J. Gerber Trust and the Fred E. Gerber,Sr Trust since November 17,2004. 7. This Petitioner has explained her reasons for her objections and includes them in Exhibit A as they were sent to Auditor Duncan as well as a conversation with Auditor Duncan as to her objections. Petitioner drafted her understanding of the Stipulations and sent them to all parties and Auditor Duncan. Exhibit B 8. This Petitioner is not available and is on vacation from December 24,2004 through January 9,2005. Petitioner is able to appear at a hearing which appears to be the only course possible as Richard Rupp, Esquire has disappeared and has not been heard from since November 17,2004. This Petitioner is available from January 11 ,2005. Petitioner will not be able to confirm any dates for an upcoming hearing until her return on January 9,2005 as she will be unreachable during her vacation. Petitioner filed a Motion for Consideration of her vacation and notice of non availability on December 20,2004 but failed to send an original signature page. A signature page was mailed on December 26,2004. The Court was closed on December 23,24,2004 therefore making it impossible to filed an original signature page or answer this Petition earlier. 9. Petitioner objects strongly to any counsel fees being assessed to Ms Verney as she is not a lead counsel, but only one party of three parties. This Petitioner has responded and complied with every letter, draft and issue regarding the Stipulations. On the contrary, Mr. Rupp has been conspicuously silent and absent thereby causing the delay and Petitioner feels that this is an intentional attempt to delay and derail the proceedings for the additional Accountings. Nevertheless, the continuance was sworn to and agreed upon before Auditor Duncan. Frederick E. Gerber,1I has to comply by providing all Accountings for the years 2002,2003 and 2004 by January 28,2005. If Frederick E. Gerber,1I does not, then counsel fees should be awarded to Ms Verney by Frederick E. Gerber,1I and not this Petitioner as she has not caused any delays and is not the Accountant. 10. Petitioner agrees and consents to a hearing to decide and settle the issue of the Stipulations. Petitioner believes that the continuance was granted and the dates were agreed upon and sworn to. Frederick E. Gerber,1I should have to comply with the discovery and Accounting deadlines, irrespective of the details of the Stipulations. WHEREFORE, Petitioner, Marilyn Gerber, Pro Se, requests that Frederick E. Gerber,11 complies with the deadlines of the continuance as agreed upon before Auditor Duncan during the status hearing on November 17,2004 and that a hearing be scheduled to settle the objections to the Stipulations. Petitioner objects to any counsel fees be assed from her but instead that Frederick E. Gerber,1I be assessed counsel fees and expenses to Marilyn Gerber and Jacqueline Verney for obstructing and delaying the Accounting and discovery. Respectfully submitted, Marilyn Gerber,Pro Se 717 Market Street, #317 Lemoyne, PA 17043 717 503-5280 Date: ~/~ YrJ'C VERIFICATION I verify that the facts included in the within pleading are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. A. 4904 relating to unsworn falsification to authorities. DATE: {)~&d, /MiL I CERTIFICATE OF SERVICE I, Marilyn Gerber, herby 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 Mail, postage prepaid: Wd1;Mh William A. Duncan, Esquire One Irvine Row Carlisle, PA 17013 Jacqueline Verney, Esquire 44 South Hanover Street Carlisle, PA 17103 Richard Rupp, Esquire 355 North 21 st Street Camp Hill, PA 17011 Date: ~c2~ 2.n&, ~~ M . i1yn G , , Pro Se