HomeMy WebLinkAbout05-18-01
MILDRED J. GERBER and
MARILYN J. GERBER,
Plaintiffs
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS COURT DIVISION
vs.
: NO. 21-2001-189
FRED E. GERBER II, TRUSTEE
Defendant
ANSWER TO MOTION TO MAKE RULE ABSOLUTE AND AMENDED RESPONSE
TO MOTION TO COMPEL DISCOVERY AND FOR SANCTIONS
AND NOW, Defendant Frederick E. Gerber II, Trustee, through his attorney Lindsay
Dare Baird, Esquire represents the following:
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied. Defendant tiled Response May 10, 2001.
5A. Admitted.
5B. Admitted in part and denied in part. No documents provided until First and
Partial Account on March 23,2001.
5C. Admitted that documentation available to date has been provided.
6. Admitted that First and Partial Account obviates the need for check copies.
7. Denied. Schwab account statements were produced from January 1,2001 - March
31, 2001. April 2001 will be forthcoming and May is not available.
8. Admitted that Defendant provided no receipts through a misunderstanding. There
were purchases. Ledger and receipts are offered for Plaintiffs review at a
mutually convenient time.
9. Denied. Defendant has either not failed or has valid reasons to not do so.
10. Denied. The reason that relief should not be granted is that Defendant is
complying with reasonable requests and has not violated any Order which would
give rise to the relief requested.
WHEREFORE, Defendant respectfully requests that this Honorable Court:
A. Dismiss Plaintiff's Motion to Make the Rule Absolute.
B. Deny Plaintiff's request for Attorney's fees and sanctions.
Respectfully submitted,
L- ,d------
VERIFICATION
I verifY that to the best of my knowledge and belief, the statements made in the foregoing
document are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S.s4904 relating to unsworn falsification to authorities.
MILDRED J. GERBER and
MARILYN J. GERBER,
Plaintiffs
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS COURT DIVISION
vs.
: NO. 21-2001-189
FRED E. GERBER II, TRUSTEE
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on this /J7~ day of tL ,2001, I have caused a
true copy of the Answer to and Amended Response to Motion 0 Compel Discovery and For
Sanctions to be delivered by first class mail to:
Michael J. Kane, Esquire
3300 Trindle Road
Camp Hill, PA 17011
Attorney for Marilyn J. Gerber