The URL can be used to link to this page

Home My WebLink About07-12-05 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: 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 NOTICE TO PLEAD TO: PETITIONER MARILYN J. GERBER YOU ARE HERBY NOTIFIED TO FILE A WRlnEN RESPONSE TO THE ENCLOSED PRELIMINARY OBJECTIONS WITHIN TWENTY ( 20 ) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. . chard C. Rupp Sup.Ct.ld.No 34832 355 N. 2151 Street, Ste 201 Camp Hill, PA 17011 717-761-3459 Vd 'OJ Gi'N-\l:j381/in8 ltln08 S.NV11dl:lO ::lO '>\Cl318 21 :., Wd 21 lnr ~OOZ Attorneys for Respondent Frederick E. Gerber, II .-....." ....~ I ~) '. , .' '. ,.....,t...,-.tj .(' '"'\nl j,'" n1(!' 1 I 1.1 ,,; ) j :'..1''''1' I " .l",dv\')" ' ....:.... \.).,..JV '-'- " ( 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: 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 PRELIMINARY OBJECTIONS OF RESPONDENT FREDERICK E. GERBER II TO PETITION OF MARILYN J. GERBER TO REMOVE RESPONDENT AS TRUSTEE AND EXECUTOR, FREEZE TRUST OR ESTATE ASSETS, HIRE A FORENSIC CPA AND CAUSE RESPONDENT TO OBTAIN A PSYCHIATRIC EVALUATION AND NOW comes Respondent Frederick E. Gerber, II, through his Attorneys, Rupp and Meikle and Richard C. Rupp, who file the following Preliminary Obiections to Petition of Marilyn J. Gerber as follows: I. PRELIMINARY OBJECTION ON GROUND OF SCANDALOUS OR IMPERTINENT MATTER: , r 1. Petitioner Marilyn J. Gerber's Petition contains statements which are scandalous or impertinent or irrelevant which are wholly irrelevant to the issues in the above two Trust Actions or are wholly extraneous to the obiections filed by the Petitioner and have no bearing on the above two Trusts or Trust accounts. 2. Said Petition appears to be filed to serve no purpose but to impugn, harass and or embarrass the Respondent with no other bona fide or proper purpose. 3. Further, said Petition appears to deliberately increase the costs to the Trusts and the Estate of Mildred J. Gerber for no bona fide or proper purpose. 4. Said Petition should be dismissed and stricken with preiudice. WHEREFORE, Your Respondent Frederick E. Gerber respectfully requests the Petition of Marilyn J. Gerber be dismissed and stricken with preiudice. II. PRELIMINARY OBJECTION ON GROUND OF SCANDALOUS OR IMPERTINENT MATTER: 5. Paragraphs 1 - 4 are incorporated herein as if set forth at length. 6. Petitioner Marilyn J. Gerber's Petition contains statements which are scandalous or impertinent or irrelevant which are wholly irrelevant to the issues in the above two Trust Actions and are made to impugn or embarrass the Respondent Frederick E. Gerber. 7. Further, the contents of said Petition are immaterial and inappropriate to any proof of her obiections filed to the Respondent's accounts in these two Trusts. 8. Said Petition appears to be filed to serve no purpose but to impugn, harass and or embarrass the Respondent with no other bona fide or proper purpose. 9. Further, said Petition appears to deliberately increase the costs to the Trusts and the Estate of Mildred J. Gerber for no bona fide or proper purpose. 10. Said Petition should be dismissed and stricken with preiudice. WHEREFORE, Your Respondent Frederick E. Gerber respectfully requests the Petition of Marilyn J. Gerber be dismissed and stricken with preiudice. III. PRELIMINARY OBJECTION ON GROUND OF INSUFFICIENT SPECIFICITY: 11. Paragraphs 1 - 10 are incorporated herein as if set forth at length. 12. Petitioner Marilyn J. Gerber's Petition contains statements which are insufficiently specific and state no facts to meet the standard of relief the Petitioner requests from this Honorable Court in the above two Trust Actions or the Mildred J. Gerber Estate, such as the removal of the Trustee or the Executor. 13. Said Petition appears to be filed to serve no purpose but to impugn, harass and or embarrass the Respondent with no other bona fide or proper purpose. 14. Further, said Petition appears to deliberately increase the costs to the Trusts and the Estate of Mildred J. Gerber for no bona fide or proper purpose. 15. Said Petition should be dismissed and stricken with preiudice. WHEREFORE, Your Respondent Frederick E. Gerber respectfully requests the Petition of Marilyn J. Gerber be dismissed and stricken with preiudice. IV. PRELIMINARY OBJECTION ON GROUND OF LACK OF JURISDICTION: 16. Paragraphs 1 - 15 are incorporated herein as if set forth at length. 17. Petitioner Marilyn J. Gerber's Petition contains statements which are appear to apply to Respondent's role as Executor of the Mildred J. Gerber. However, the caption of the Petition pertains solely to the two Trusts but not to the Estate of Mildred J. Gerber. Therefore, because said Petition fails to pertain state iurisdiction over the Estate of Mildred J. Gerber there is no basis for the relief the Petitioner requests from this Honorable Court in the above two Trust Actions, such as the removal of the Executor of the Mildred J. Gerber Estate or the freezing of Estate assets, etc. 18. Said Petition appears to be filed to serve no purpose but to impugn, harass and or embarrass the Respondent with no other bona fide or proper purpose. 19. Further, said Petition appears to deliberately increase the costs to the Trusts and the Estate of Mildred J. Gerber for no bona fide or proper purpose. 20. Said Petition should be dismissed and stricken with preiudice. WHEREFORE, Your Respondent Frederick E. Gerber respectfully requests the Petition of Marilyn J. Gerber be dismissed and stricken with preiudice. \ ' V. PRELIMINARY OBJECTION ON GROUND OF LACK OF CONFORMITY TO LAW OR RULE OF COURT: 21. Paragraphs 1 - 20 are incorporated herein as if set forth at length. 22. Petitioner Marilyn J. Gerber's Petition contains statements which fail to conform to law or rule of court: A. Petitioner fails to paragraph her Petition in conformance with the Rules of Civil Procedure; B. Petitioner fails to only state one averment in each paragraph in conformance with the Rules of Civil Procedure; C. Petitioner fails to state averments to which Respondent can state relevant or meaningful replies; D. Petitioner states averments which do not apply to the two Trusts named in her caption. \ . E. Petitioner IS Petition fails to follow the statute or rules to charge the Trustee or Executor with improper action; F. Petitioner IS Petition fails to follow the statute or rules to request the removal of the Trustee or Executor; G. Petitioner IS Petition fails to follow the statute or rules to request a CPA be hired; H. Petitioner IS Petition fails to follow the statute or rules to request a psychiatric exam of the Respondent at this date; I. Petitioner IS Petition requests relief from this Honorable Court in the two Trusts named in her caption for matters this Honorable Court has already ruled upon and denied. 23. Said Petition appears to be filed to serve no purpose but to impugn I harass and or embarrass the Respondent with no other bona fide or proper purpose. \ . 24. Further, said Petition appears to deliberately increase the costs to the Trusts and the Estate of Mildred J. Gerber for no bona fide or proper purpose. 25. Said Petition should be dismissed and stricken with preiudice. WHEREFORE, Your Respondent Frederick E. Gerber respectfully requests the Petition of Marilyn J. Gerber be dismissed and stricken with preiudice. VI. PRELIMINARY OBJECTION ON GROUND OF LEGAL INSUFFICIENCY OF PLEADING ( DEMURRER ): 26. Paragraphs 1 - 25 are incorporated herein as if set forth at length. 27. Petitioner Marilyn J. Gerber's Petition contains statements which fail to state legal sufficiency or causes of action against Respondent: A. Petitioner states averments which do not apply to either of the two Trusts; B. Petitioner fails to state new averments legally .' sufficient to raise removal of Trustee issues which Petitioner has previously raised and been denied; C. Petitioner fails to state new averments legally sufficient to raise removal of Executor issues which Petitioner has previously raised and been denied; D. Petitioner fails to state new averments legally sufficient to raise freezing of trust assets issues which Petitioner has previously raised and been denied; E. Petitioner fails to state new averments legally sufficient to raise freezing of estate assets issues which Petitioner has previously raised and been denied; F. Petitioner fails to state averments legally sufficient to raise the issue of hiring a forensic CPA as opposed to allow the Auditor to continue to fulfill his responsibilites in reviewing the accounts of the Respondent and the obiections filed thereto; G. Petitioner fails to state averments legally sufficient to raise the issue of the Court's requiring a psychiatric exam for the Respondent; " 28. Said Petition appears to be filed to serve no purpose but to impugn, harass and or embarrass the Respondent with no other bona fide or proper purpose. 29. Further, said Petition appears to deliberately increase the costs to the Trusts and the Estate of Mildred J. Gerber for no bona fide or proper purpose. 30. Said Petition should be dismissed and stricken with preiudice. WHEREFORE, Your Respondent Frederick E. Gerber respectfully requests the Petition of Marilyn J. Gerber be dismissed and stricken with preiudice. IV. PRELIMINARY OBJECTION ON GROUND OF MISJOINDER OF ACTION: 31. Paragraphs 1 - 30 are incorporated herein as if set forth at length. 32. Petitioner Marilyn J. Gerber's Petition contains statements which are appear to apply to Respondent's role as Executor of the Mildred J. Gerber. However, the caption of the Petition pertains solely to the two Trusts but not to the Estate of Mildred J. Gerber. Therefore, because said Petition fails to pertain state iurisdiction over the Estate of Mildred J. Gerber there is no basis for the relief the Petitioner requests from this Honorable Court in the above two Trust Actions, such as the removal of the Executor of the Mildred J. Gerber Estate or the freezing of Estate assets, etc. 33. Said Petition appears to be filed to serve no purpose but to impugn, harass and or embarrass the Respondent with no other bona fide or proper purpose. 34. Further, said Petition appears to deliberately increase the costs to the Trusts and the Estate of Mildred J. Gerber for no bona fide or proper purpose. 35. Said Petition should be dismissed and stricken with preiudice. WHEREFORE, Your Respondent Frederick E. Gerber respectfully requests the Petition of Marilyn J. Gerber be dismissed and stricken with preiudice. VIII. CLAIM FOR LEGAL FEES FOR THE RESPONDENT FREDERICK E. GERBER: 36. Paragraphs 1 - 35 are incorporated herein as if set forth at length. 37. The Respondent incurred legal fees to prepare these Preliminary Obiections. 38. Said Respondent's legal fees are estimated to be at least Seven Hundred Fifty Dollars ( $ 750.00). 39. As the Petitioner has filed a petition pertaining to matters already decided, not pertaining to the two Trusts whatsoever, inappropriate pleading, improper pleading or improper cause of action against the Respondent, the Respondent respectfully requests this Honorable Court to enter an Order granting Respondent the payment of Respondent's legal fees from the Petitioner Marilyn J. Gerber. WHEREFORE, Your Respondent Frederick E. Gerber respectfully requests the Petition of Marilyn J. Gerber be dismissed and stricken with preiudice. WHEREFORE, Your Respondent Frederick E. Gerber respectfully requests the Petitioner Marilyn J. Gerber pay the Respondent's legal fees of at least $ 750.00 to the Respondent. Respectfully Submitted, RUPP & MEIKLE, P.C. Sup.Ct.ld.No 34832 355 N. 21 sl Street, Ste 201 Camp Hill, PA 17011 717-761-3459 Attorneys for Respondent Frederick E. Gerber, II VERIFICATION I, Richard C. Rupp, Esq. am making this verification as the Respondent is out of the Court's Jurisdiction and is unavailable in time to file this pleading and 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 or information provided me. I understand that false statements herein are made subiect to penalties of 18 Pa. C.S.A. * 4904 relating to unsworn falsification to authorities. Date: 011~//Jj I' I CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy of the foregoing document 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, PA 17013 Marilyn Jo Gerber 717 Market Street Lemoyne, PA 17043 Jacqueline Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Lindsay Dare Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 Rich rd C. Rupp, Esquir Attorney I.D. # 34832 355 North 2151 Street, Suite 205 Camp Hill, Pennsylvania 17011 (717) 761-3459 Date: ~ I (-V/tJ~