HomeMy WebLinkAbout02-16-01
MILDRED J. GERBER and
MARILYN 1. GERBER,
Plaintiffs
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
vs.
: NO. 00-7831
EQUITY
FRED E. GERBER II, TRUSTEE
Defendant
: CIVIL ACTION - EQUITY
: ()J-OI-C(d-..
ORDER
AND NOW, this 2 .,.,"" Day of ~ ' 2001, upon consideration of the
foregoing motion, it is hereby ordered that:
(1) a rule is issued upon the Plaintiffs to show cause why the Defendant is not entitled to
the relief requested;
(2) the Plaintiff shall file an answer to the motion within twenty days of service upon the
Plaintiffs;
(3) the motion shall be decided under Pa. R.C.P. No. 206.7; 1/' /6 a, yn ,
(4) deposition shall be completed within ~S- Days oft~ c:z;C . '
(5) argument shall be held on w/n ClAA' -A c2 & , 2001, In Courtroom ~ Of the
Cumberland County Courthouse; and
(6) notice of the entry of this Order shall be provided to all parties by the Defendant.
BY THE COURT:
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MILDRED 1. GERBER and
MARILYN J. GERBER,
Plaintiffs
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
vs.
: NO. 00-7831
EQUITY
FRED E. GERBER II, TRUSTEE
Defendant
: CIVIL ACTION - EQUITY
MOTION TO DISMISS ACTION
AND NOW comes the defendant, Fred E. Gerber II, Trustee, by and through his attorney
Lindsay Dare Baird, Esquire, and avers the following:
1. Plaintiffs Mildred J. Gerber and Marilyn 1. Gerber initiated the above action, a Petition
to Compel Accounting, on November 3,2000.
2. Plaintiffs erroneously filed the action in the Office of the Prothonotary of the Court of
Common Pleas of Cumberland County, despite the caption correctly placing jurisdiction with the
Orphans' Court Division.
3. On November 20, 2000, defendant responded to the Petition which stated, inter alia,
that the requested relief of an accounting was accomplished.
4. The defendant presumed the action would be withdrawn.
5. Plaintiffs are now seeking discovery of further information, which, if in the proper
jurisdiction, would be appropriate.
6. Plaintiffs have filed the action in the wrong division of the Court of Common Pleas.
WHEREFORE, the defendant respectfully requests that, pursuant to Pa. R.C.P. 1032(b),
the above-captioned action be dismissed for lack of jurisdiction.
Respectfully submitted,
a2dfJm~
indsay Dare Baird, Esquire
Attorney for Defendant
37 South Hanover Street
Carlisle, P A 17013
Supreme Court No. 72083
(717)243-5732
cc: Michael 1. Kane
Attorney for Plaintiff