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IN RE:
MILDRED J. GERBER TRUST
UNDER AGREEMENT DATED
DECEMBER 19, 1997
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-2002-0540"
IN RE:
MILDRED J GERBER
ESTATE
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-2001-92
IN RE:
FRED E. GERBER, SR. TRUST
Dated July 29,1994
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-1998-0195
TRUSTEE'S REQUEST FOR EXTENSION OF FILING DATE FOR DISCOVERY
AND NOW, comes the Trustee and Executor, Frederick E. Gerber, II, by
and through his a<<orney, Richard C. Rupp, Esquire and respectfully avers as
follows:
1. A Request for Production of Documents in the above action
was served upon the Trustee's counsel on March 17, 2005.
2. Trustee's response period ends on April 15, 2005.
3. Trustee and his attorney have not conferred in person in
this matter since before filing of the Request for . ,
Documents.'
4. Trustee has been out of the country.
5.
Marilyn Gerber has filed FIVE Petitions to be answered:in
the same time frame. ' ,
III
6.
(,,,)
C)
A request has been made to Jacqueline Verney, Esquire;
Lindsay Dare Baird, Esquire and Joanne Book, Esquire.
Lindsay Dare Baird consents and the other counsel are
believed not to oppose Trustee's request. Marilyn Gerber
opposes this Motion.
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7. Your Petitioner, Frederick E. Gerber, is the Trustee of the
Frederick E. Gerber Sr. Trust, the former Trustee of the
Mildred J. Gerber Trust, and the Executor of the Mildred J.
Gerber Estate.
8. Your Petitioner is the accountant in two accounts filed on
January 28, 2005 with the Clerk of the Orphans Court of
Cumberland County - one account for the Mildred J.
Gerber Trust and one for the Fred E. Gerber Sr. Trust.
9. The account for the Trust of Mildred J. Gerber covers the
period from 1998 through 2001; the account for Fred E.
Gerber, Sr. Trust covers the period from 1998 through
December 31, 2004.
10. The time to respond to Marilyn Gerber's discovery is on or
before April 15, 2005.
11. There may be a number of documents the accountant may
Have to produce in response to Marilyn Gerber's request
for production of documents.
12. As the Accountant has been out of the country before
Service of Marilyn Gerber's Request for Production of
Documents, the accountant and counsel have had no
opportunity to review her request nor make adequate
Preparation to reply to Marilyn Gerber's Request for
Production of Documents.
13. Further, accountant's legal counsel has been working on
The responses to Marilyn Gerber's FIVE Rules to show
Cause.
14. The accountant should be arriving back into the country
the week of April 11, 2005.
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VERIFICATION
I, Richard C. Rupp, verify that the statements in the foregoing
document are true and correct to the best of my knowledge, information and
belief. Said statements are based on my own knowledge, belief or
information. They are made for the Trustee who is out of the Court's
jurisdiction and is unable to sign in time for filing.
I understand that false statements herein are made subject to
penalties of 18 Pa. C.S.A. * 4904 relating to unsworn falsification to
authorities.
Date:
.1,yfr
.
CERTIFICATE OF SERVICE
I, Richard C. Rupp, Esquire, do hereby certifY that I am serving a true and correct copy of
the foregoing Amended and Restated First and Final Account upon the persons names below by
placing the same in the United States Mail, First Class, Postage Prepaid, on the date stated
below:
William A. Duncan, Esquire
1 Irvine Row
Carlisle, P A 17013
Marilyn Jo Gerber
717 Market Street
Lemoyne, PA 17043
Joanne Book Christine, Esquire
Rhoads & Sinon, LLP
One South Market Square
P.O. Box 1146
Harrisburg, PA 17108-1146
Jacqueline Verney, Esquire
44 South Hanover Street
Carlisle, P A 17013
Lindsay Dare Baird, Esquire
37 South Hanov e
Carlisle, P 7013
Date:
V/O/~ (
Ri hard C. Rupp, Es
Attorney I.D. # 34832
355 North 21" Street, Suite 205
Camp Hill, Pennsylvania 17011
(717) 761-3459
15. The accountant and his legal counsel require more time
than allowed by the Rules of Civil Procedure to respond to
Marilyn Gerber's Request for Production of Documents for
both Trusts, Mildred J. Gerber's Trust and Fred E. Gerber,
Sr.'s Trust.
16. The accountant requests 30 day extension from April
12,2005 through May 11, 2005.
17. A fax has been sent to Jacqueline Verney, Esq., Lindsay
Dare Baird, Esq. and Joanne Book, Esquire and Marilyn
Gerber with respect to the accountant's petition.
WHEREFORE, the accountant, Your Petitioner, Frederick E.
Gerber, II, respectfully requests an extension to respond to the Request for
Production of Documents served by Marilyn J. Gerber with respect to the
two accounts filed by the accountant.
RESPECTFULLY SUBMITTED,
RUPP L
By:
,
Richard C. Rupp, Esq
Atty. 1.0. No. 34832
355 N. 21st St., Ste. 205
Camp Hill, PA 17011
717-761-3459
Attorneys for Frederick E.
Gerber, II, Executor of the
Estate of Mildred J. Gerber
Date:
Ijtl/& 6
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