HomeMy WebLinkAbout11-22-02
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
FREDERICK E. GERBER II, TRUSTEE:
Defendant
DEFENDANT'S RESPONSE TO MOTION TO COMPEL
AND NOW, comes the Defendant, Frederick E. Gerber, II, by and through his
attorney, Lindsay Dare Baird, Esquire, and avers the following in response to Plaintiff's
Motion to Compel Trustee to File an Account and a Status Conference to Determine
Trustee's Refusal to Disburse Funds to Marilyn Jo Gerber:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Denied. An accounting for the Trust was filed July 8, 2002 and
November 19, 2002.
9. Admitted.
10. Admitted.
11. Admitted in part and denied in part. Admitted that Attorney Rupp made
the sought denial of the request for a status conference. Denied that an
amendment was to be supplied on a date specific, rather it was a
projected, but estimated date. Denied that this was a "hundreth" request.
12. Admitted in part and denied in part. Admitted that numerous requests
were made for money. Denied in that "money offered free and clear" is
taken out of context of the statements to Attorney Kane. Admitted that
Trustee provided $7500.00 and that $2500.00 was asked for. Denied that
there was no response, responses were sent August 19 and October 16,
2002.
13. Admitted in part and denied in part. Denied that Trustee has refused to
provide accounting. An informal accounting for 1998 and 1999 was
supplied to Attorney Kane with no objection from him. Formal
accountings were file July 8, 2002 and November 19, 2002. Admitted as
to the fiduciary duties of the Trustee.
14. No answer required. PNC's and Ms. Gerber's objections speak for
themselves as do the Trust accounts.
WHEREFORE, Defendant respectfully requests this Honorable Court deny Ms.
Gerber's motion.
NEW MATTER
15. Paragraphs 1 through 14 are incorporated herein by reference as if set
forth in full.
16. Defendant has discretionary power to release funds from the Trust as
provided for in the Trust document.
17. Defendant has provided Ms. Gerber with a financial questionnaire for her
to return to Defendant filled out. From this information, any
disbursements which mayor may not be made shall be determined. The
questionnaire is attached and marked as Exhibit "A".
WHEREFORE, Defendant respectfully requests this Honorable Court deny Ms.
Gerber's motion.
VERI FICA TION
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.g4904 relating to unsworn falsification to authorities.
TO:
FROM:
SUBJECT:
ASSETS
Monthly Income:
t. $
2. $
3. $
Personal Property:
C~h $
Cash in bank:
Savings Accounts (total) $
Checking Accounts (total) $
Investments (including stocks, bonds, notes, CD's,
mutual funds, etc.) $
Tangible Personal Property:
Value of furniture and furnishings $
Value of household equipment and goods $
Value of International Companies $
Receivables from other persons (debts, etc.) $
Interest in Florence Cappe Estate $
Automobiles:
t. $
2. $
Appraised value of Jewelry $
Value of Collections (coins, stamps, etc.) $
Value of other personal property not listed (provide detail):
t. $
2. $
TOTAL PERSONAL PROPERTY: $
Real Property(s):
1. 42 Drexel Place, New Cumberland, P A $
2. $
3. $
TOTAL REAL PROPERTY: $
EXHIBIT "A"
LIABILITIES
Monthly Expenses:
l.
2.
3.
4.
5.
$
$
$
$
$
TOT AL:
$
Mortgages:
l.
2.
3.
$
$
$
Notes Payable:
l.
2.
3.
$
$
$
Credit Card Debt:
l.
2.
3.
$
$
$
Accounts Payable:
l.
2.
3.
$
$
$
Other Debts not listed above (provide detail):
1.
2.
3.
$
$
$
TOT AL LIABILITIES:
$
REASON FOR REQUESTS FOR MONEY(S) (Attach separate page if necessary):