HomeMy WebLinkAbout03-16-01 COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,PENNSYLVANI~LC.
ORPHANS' COURT DIVISION ~ -
IN RE: NO.21-01-92
APPOINTMENT OF A GUARDIAN
OF THE ESTATE OF MILDRED JANE GERBER~r
an alleged incapacitated person
PETITION (MOTION) FOR COURT TO ORDER ACCOUNTING
AND PRODUCTION OF ALL DOCUMENTS PERTAINING TO THE POWER
OF ATTORNEY~ EXECUTOR AND TRUSTEE POSITIONS HELD BY
FREDERICK E GERBER~II FOR MILDRED JANE GERBER AND ALb
TRUSTS WHEREBY MILDRED JANE GERBER IS A BENEFICIARY
TO THE HONORABLE, THE JUDGES OF SAID COURT:
1. The petitioner of this motion is Marilyn Jo Gerber,Pro-
S~ The Petitioner resides at 42 Drexel Place, New
Cumberland,PA 17070.
2. Thisngran[ea a temporary,emergency guardianship
appointed ~ Frederick E Gerber,II, on January 25,2001.
This was an Emergency Guardia~i~f the Estate of Mildred
Jane Mildred.
3. Marilyn Jo Gerber, eldest child and nurse caregiver of
Mildred Jane Gerber was never consulted or provided any
copies of this hearing on January 25,2001. Marilyn
Gerber in fact only received notice of a hearing on
February 9,2001 from copies sent and postmarked to her
on February 1,2001 from the Sheriff of Cumberland County.
Thus from January 25,2001, seven days are unexplained
and unaccounted for and no notice was provided to Marilyn
Gerber.
4. In Paragraph 5 of the Petioner, Frederick E Gerber,II
Petition for appointment of a guardian of the Estaste of
Mildred Jane Gerber, he states assets of the alleged
incapacitated person's valued at $462,000 and lists
a residence,furniture and furnishings,equipment,etc,
jewelry and personal possessions and a living Trust for
a total of aproximately $462,000. This MOTION requests
page two
that Frederick E Gerber,II provide a complete accounting
of how he has arrived at these figures. Has Frederick
E Gerber,II ever done a complete inventory of the items
listed in paragrahp 5 and where are the vetted and
appraised inventory of items mentioned? This MOTION
requests that this Court orders Frderick E Gerber,II
to provide all notes, appraisals, inventory, diaries
etc which Frederick E Gerber,II has or has undertaken
since his haven taken control of Mildred Jane Gerber
on February 25,1998 to the present. C-~7~i~A~
5. In Paragraph 6 of Frederick E Gerber,II petition for
guardianship for~Mildred Jane Gerber, he lists the
alleged incapacitated person's montly income but fails
· to list interest earned on Mildred Gerber's Trust ~or ....
--~- .............. any monies given to Mildred Gerber~-from~her~Trusts-
This MOtion before this COurt asks that Frederick E
Gerber be ordered to supply a complete accounting,
notes, ledgers, check registers, accounting firms,
bank statements, cash dispersals, etc surrounding ALL
of Mildred Gerber's income, interest from Trusts where
she is a rightful beneficiary or recipent of any
gifts of any real or unreal monetary gain. ~-~/~l~
6. In Paragraph 8, the Petioner, Frederick E Gerber states
that Mildred Jane Gerber is suffering from infirmities
of old age and lack of short-term memory...etc. This
Motion asks this COurt to order Frederick E Gerber to
show his medical knowledge, medical tests of Mildred
Jane Gerber,physician notes and records, lab reports,
examinations, etc that show proof of Mildred Gerber's
alleged mental incapacity prior to the date of February
20,2001 and including any assistance that Frederick E
Gerber has demonstrated in any manner to diagnose or
assist Mildred Jane Gerber in her declining state
during the last 10 years,(1990 to present). ~/~/~
7. Frederick E Gerber, II testified under oath during a
trial in September,1999 that Mildred Gerber was totally
well without any mental or physical problems and Distrct
Attorney, Ms Mary Jo Mullen of Cumberland County Court
also introduced evidence to F~erick E Gerber's testimony.
8. This motion also requests permission for the trial ~Cans-
sripts be produced for verification.
9. In Paragraph~9, the petitioner Frederick E Gerber,II,
states that Mildred Jane Gerber is unable to manage
her property, has dissipated and lost her property,etc
page three
This MOtion asks this Court to order Frederick E Gerber,
II to show proof of exactly how Mildred Jane Gerber
hasd not been able to manage her property, exactly how
Mildred Jane Gerber has dissipated and lost her pro-
perty. This MOtion asks Frederick E Gerber,II to show
exactly what he has done to help manage, assist and
proctect the property of Mildred Jane Gerber since her
husband's death on February 22,1998. Please have
Frederick E Gerber, II show financial records, check
ledgers, accounting firms, cash flow and dispursement,
notes, and especially the number of visits and stays
Frederick E Gerber has made to the residence of Mildred
Jane Gerber to 623 Hilltop Drive, NEw Cumberland,PA
since 1998 to the present. ~~
10. In Paragrah 12, Frederick E-Gerber in his petition for
Guardianship, states that he is Executor for his
father's Estate. Please order this petitioner x.:with
this Motion to show proof of the circumstatances by
which Frederick E Gerber took Executorship of his
father's estate when the legal documents clearly
left Mildred Jane Gerber, Executor of her husband's
estate. ~~,~ ~ L-7~/~
11. In Paragragh 12, Frederick E Gerber in his petition
for Guardianship states that he is also the Trustee
of the alleged incapacitated person's Living Trust
and ~Executor of Mildred Jane Gerber's Will and is
the Agent appointed as Power-of-Attorney ...etc.
This Motion ask this Cou~to order Frederick E Gerber,
II to produce documents, notes, check registers, account-
ing, diaries and dates of serices rendered to Mildred
Gerber in the following format: ~-~4~j~
a. When did Frederick E Gerber,II become Power-of-
Attorney for Mildred E Gerber vs Executor of
Fred E Gerber's estate?
b. When did Frederick E Gerber,II become Trustee of
Mildred Gerber's Living Trust and Will. Please
have Frederick E Gerber'show notes, letters,
diaries, accounting,etc on the creation of the
Living Trust and Will of Mildred Gerber especially
all the attorneys involved especially all corres-
pondence from the law firm of Rupp &Meilke.
c. When and what has Frederick E Gerber done as
Power-of-Attorney for Mildred Jane Gerber. Please
page four
have Frederick E Gerber show all actions, monies,
documents, decisions, travel, accounting that re-
lates to Frederick E Gerber's powers over Mildred
Jane Gerber. ~~-~
d. Please have Frederick E Gerber,II explain the sig-
nificance of his presenting himself as a Colonel
in the US Army and just what does he do as Director
of Health Care Operations under the Surgeon General
of the United States. Is Frederick E Gerber under
the Army Surgeon General or the Surgeion General of
the United States? What are Frederick E Gerber's
medical qualifications? Does he have a CPR certi-
ficate? Can he or does he have any medical training
...... and~what are they? Is~he a Military-Medic and is
he currently licensed? What is Frederick E GerberLs
~ot~ve~or mentiQning h~s job in the .US ARMY~'~
e. What is the significance of Frederick E Gerber ~n-
forming the Executive Officer, Colonel Thresher (sp?)
of the US Army Surgeon General~General Peake)of
these guardianship matters as well as informing the
US Army Surgeon General and the Jag Medcom officers
in San Antonio, Texas. This Petitioner, Marilyn
Gerber of this Motion has been informed by the
above mentioned individuals of exact amounts of
monies that Marilyn Gerber is accused of stealing,
as well as intimate details of this guardianship.
This motion asks of this Court to order Frederick
E Gerber, II to produce telephone logs, diaries,
notes, dates of meetings between Col Thresher and
Medcome Jag officers or any other officials of the
US Army that show information, investigation of
Marilyn Gerber or Mildred Gerber or inofrmation
about the Gerber family including any use of military
issue fax machines, computers, telephones,etc.
f. This motion asks this Court to order Frederick E
Gerber to list ALL Congressional Committees that
he has testified in excess of 12 times. Marilyn
Gerber has on_~_q~been able to source three times
that Frederick E Gerber,II has testified and in
1999. Since Frederick E Gerber made this statement
under verification and peanlties of 18 Pa.C.S.A.
4904, this will go to show "sever problems and
discrepancies" to his testimonies.
12. In Paragraph 13, Frederick E Gerber,II, states that he
does not have any adverse interests to the alleged in-
capacitated person. Please have Frederick E Gerber
produce copies of all improvements, additions, equipment
that he has added to 623 Hilltop Drive, New Cumberland,
page fourA/~
PA, the resisdence of Mildred Jane Gerber. Please
have Frederick E Gerber state and prove if by any
chance, Frederick E Gerber is to inherit the presidence
and all personall and tangible possessions and ~please
list and inventory them. When and if Frederick E Gerber
is to inherit all this above, did this happen and what
notes and attorneys were involved in this Will?
13. In Paragraph 1~,15,18,19,20,21,22,25,26,27,28,29 30,31,
32,33,34,35,36,37,41 contain accusations and alleged
activity concerning Mildred Gerber's daughter,Marilyn
Gerber. The burden of proof is always on the accuser
and in this case the burden of proof rests on Frederick
E Gerber,II. This Motion asks this Court to order
.............. Fre~9~i~-E~-Gerber,II to pr~duce--~any or all documen~.~_
fihancia~reocrds, notes, diaries, and inventories
reflect proof of all accusations of the paragraphs
listed above.
14 This Motion also asks this Court to order Frederick E
Gerber,II to produce a list of all items ie furniture,
accessories, jewelry, books, car(s), monies etc given
to Frederick E Gerber, Petra Gerber, his issues and
Jane Noel Heflin, her ex-husband and her issues since
February 1998. This will include any items taken,
or received from Mildred Gerber, her residence at
623 Hilltop Drive, New Cumberlnad,PA or from her
financial Trusts or personal checking accounts or from
her deceased husband, Fred E Gerber since 1998.
15. This Motion also asks this Court to order Frederick E
Gerber to produce documents of all monies provided to
Sasha Gerber, the son of Frederick E Gerber,II in
the amount of approximately $4700.00 for the purpose
of his college tuition or living expenses on or about
February/March 1998 and any amount thereby given there
after. Please provide proof of check or wire and from
which accounts or checking account or trust accounts.
16. Please provide through an order from this Cou~rall
account information of where the approximately $55,000
of inheritance from the estaate of Florence Cappe to
her brother, Fred E Gerber, the h~sband of Mildred
Gerber has been deposited and to which account and
how it has been invested and protected.
17. This MOtion also~ks this Court to order Frederick E
Gerber to show proof and produce two attache cases
removed from the residence of Fred E Gerber after his
page five
death on February 22, 1998 which pertained to the
estate of Florence Gerber Cappe. These documents
were in question during the Probate of Florence Cappe
in Allegheny Conty and were never produced to the
satisfaction of the Orphan's Court due to jurisdiction°
These documents will go to show attempts on the part
of Frederick E Gerber to prevent a complete accounting
from being produced for the beneficiaries of said
estate of Florence Gerber Cappe.
18. Please order Frederick E Gerber,II through this Motion
to produce the IRS and Pennsylvania State Income Tax
reports along with all copies of checks, W2,etc for
Fred E GErber an~_~red Gerber for 1997 and thus the
.... .~ -~"ii~-~-and Pennsylvania INcome'~'~eP°rts..~_~Mi.~'~~'~'- ...........
.................... ~ane Gerber for 1998, 1999 and 200'~,'
~9. Please order Frederick E Gerber,II through this MOtion
to produce his participation and assistance of an
accident to Mildred Gerber's beige 1994 Oldsmobile
in November 2001. Please order him to produce all
correspondence from USAA in San Antonio, Texas as
well any checks for damages which he received, in add-
tion to where nad what account, he deposited these
monies.
20. Please order Frederick E Gerber,II to produce by an
order of this Court to show when and where he filed
a claim for the three floods that occureed in Mildred
Jane Gerber's basement in her residence at 623 Hilltop
Drive, NEw Cumberland,PA. Please provide a complete
inventory of items which were damaged and the monies
recovered from the losses and damaged pro~ert¥.,~.~;, ~ ~..,/
~e~s~ provide the year of ~hese floo~s/.~~~. {zm._~
21. Please provide information a~to when~and wSo managed --
the care of Mildred Jane Gerber car (1994 Oldsmobile)
in 2000,2001 including car accident and repair,rregistra-
tion and maintenance.
22. Please order Fred E Gerber,II with this Motion to pro-
duce proof of the ren~0~ income, taxes, maintenance
and improvements on the property owned by Mildred
Gerber in Baltimore, Maryland. Please produce ckecking
deposits of the monthly rental money orders into her
checking account. Where are these rental monies being
sent to now and in who's name and into which checking
account.
23. Please order Frederick E Gerber,II to show the source,
history, institution and accounting information on
page six
an unrealized loss on investments December 31,1999
of $1,078.52. How and why did this loss occur and
through what negligence?
24. Please by this Motion order Frederick E Gerber,II to
produce all records by the accounting firm of
Daniel G Gilliland,CPA,PC at 7700 Leesburg Pike,
Suite 402B,Falls Church,Virginia 22043.
25. Please order by this MOtion for Frederick E Gerber,II
to produce financial records, dates, billable hours
along with a complete breakdown of all monies paid
to the following attorneys: Herbert Rupp,Richard Rupp
Lindsay Baird, Jacquline Verney, Joseph Metz,and any
othe~a~-torneys or~paralegals or legal_consultaants ~ ~ ..............
that have assisted Mildred Gerbe~-b~ny of her
Trusts of which she is a beneficiary.
26. Please order by this Motion for Frederick E Gerber,II
to produce financial records and deposit slips of
any monies which he has taken as fee for service or
executor fees for service on the estate of Fred E Gerber,
any services rendered to Mildred Gerber or her Trusts.
If monies were not received, please show any other form
of payments ie things, itmes, etc.
27. Please order by this Motion for Frederick E Gerber,II
to produce all monies paid to Herber~Rupp for services
rendered to Mildred Gerber or self for a trial in
September 1999 in Cumberland County Court.
28. This MOtion also asks this Court to accept the enclosed
Complaint to Compel Accounting No.00-7831 in Cumberland
County Court entitled Mildred J Gerber,Marilyn J Gerber
Plaintiffs v. Fred E Gerber,II,Trustee,Defendant.
This Motion and Action was filed by Michael Kane,Esq.
and Joseph Metz,Esq on November 3,2000. This action to
Compel Accounting has arisen from the fact tEAt Frederick,
E Gerber,II has REFUSED to produce a shred of accounting
for a Trust which included Mildred Gerber and Marilyn
Gerber who are legal beneficiaries. ~~O
29 . Please order Frederick E Gerber,II by this Motion to
produce the original accounting of all monies left
by Fred E Gerber to Mildred E Gerber through Trusts,
stocks, Life insurance policies, etc since his death
on February 22,1998. Please show all accounting
of monies and their source which funded Trust A and
B which Mildred Gerber is a beneficiary or Grantor.
Please produce all documents from the brokerage house
Charles Schwab, PNC Bank and any other checking accounts,
CD,Money Markets Accounts and ALL credite card accounts
including Visa and Mastercard accounts.
page seven
30 Please order Frederick E Gerber,II by an order of this
MOtion to show where he sourced, found or retrieved
a PERSONAL letter of Fred E Gerber to his daughter
Marilyn Gerber which was sent to Michael Kane,Esq
by Lindsay Baird in June 2000.
ARGUMENT IN SUPPORT OF THIS MOTION-PETITION
Marilyn Gerber, the author of this Petition to Order
Frederick E Gerber,II to produce Nol-30 of this
Motion believes that in order for Frederick E Gerber
to petition as Guardian of Mildred E Gerber, he must
_show-proof of his~per~mance since he assumed co, troll-
of-Mildred on February' 22,1998 and subSequetly assume~ .........
the financial and fiduciary responsibilty of Trusts
for Mildred Gerber and especially%how he has taken
care of Mildred Gerber and his sister, Marilyn Gerber
and his other family members, his sister Jane Heflin,
her children and the children of hiself and his wife,
Petra Gerber.
To this date, Frederick E Gerber,II h~s not provided
a shred of financial accounting to anyone in any Trusts
despite numerous reques~ by Marilyn Gerber, Mildred
Gerber and by attorneys Michael KaRe and Joseph Metz
for Marilyn Gerber and Mildred Gerber respectively.
This failure and overt defiance by Colonel Frederick
E Gerber,II shows complete indifference to basic and
legal responsibilities to an amount of money which
is close to one million dollars and though the past
three years should have been wisely /nve~ted to over
a million dollars~~&~/~'
Frederick E Gerber, II has already lost over $41,000
in 1999 and has refused to turn over any information
of a Trust A or B of which he and his siblings, all
issues and Mildred Gerber are beneficiaries. There ~_~/~_~
has been no information or declaration of this loss.
Frederick E Gerber,II,has acted defiantely and hostilly
to all members but especially to Marilyn Gerber in
spite of his father's last words to his family before
his emergency surgery in January 1998.
Frederick E Gerber,II over the course of his lifetime
has never demonstrated any sense of financial wisdom
or managed his own monies wiesely and often requested
monies from his father, Fred E Gerber. Colonel Frederick
II, makes a salary plus housing and food allowances
page eight
of greater than $70,0003 Frederick E Gerber,II
wife,Petra Gerber has never worked full-time to con-
tribute to the family as most American women must do
to provide for their families. Frederick E Gerber, II
has profited from his wife's homemaker skills as well
as monies provided to him by his father, Fred E Gerber
for his well being, deposits on his homes and substan-
tial monies for his two children's education.
To this day, Frederick E Gerber cannot provide for
his own children's educational needs,etc as evidenced
as they are being richly rewarded by a Trust which
enriches him and his wife and severely is depleting
a Trust of which he is the Trustee. He is also doing
this for the children of his sister, Jane Heflin who
has young teenager and college child. He has showed
overt hostility to Marilyn Gerber even HATRED and
has done little or nothing for Mildred Gerber other
than improve her residence which~s to inherit through ~
his own efforts and intimitation"of Mildred Gerber. ~~f~
Frederick E Gerb~3,II shows NO ABILITY to be compassionate,
impartial, sensible, demonstrate financial accumen or
mercifull. One example is that his sister, Marilyn
Gerber has been fully disabled medically since June 1,
200~:without any income since Juee 1,2000 and is
currently DESTITUTE. Frederick E Gerber,II's only
response is to accuse her of stealing the famil¥~
slides which he values at $15,000. I would really
like to know HOW one values a few trays of slides at
$~5,0007 Frederick E Gerber,II has REFUSED to give,OR
loan any monies to Marilyn Gerber and yet he lists
himself as someone who has testified over 12 times
before Congressional committees on the healthcare of
military personnel. One of the primary tenants of
the Medical Service Corps and their physicians is
to abide by the Hippocratic Oath and to "DO NO HARM".
Colonel Frederick E Gerber,II also wears the medical
sign of the CaduCei,
Colonel Frederick E Gerber,II also has a thirty year
history of violence, physical and emotional, verbal
abuse of Marilyn Gerber a~now curre economic
abuse of Marilyn Gerber. Frederick E Gerber,II has
also emotinally abused his MOther, Mildred Gerber
along with the children and his wife,Petra Gerber.
These are federal and state crimes under criminal
codes in each state court and Federal Court.
page nine
Frederick E Gerber,II has shown no regard or respect
for his responsibility for the monies left by his
father, Fred E Gerber also a Colonel in the US Army.
Prior to the death of his father, Fred E Gerber,
the Gerber family never had a family attorney, never
had the police at their doorstep or inside their
home or been involved in trials, hearing, restraining
orders or guardianships. Since, Colonel Frederick
E Gerber,II has taken control of the Gerber family
control taken by intimtation, hostility, fear and
some by issue of his father, Colonel Frederick E
Gerber has involved the services of the following:
Since 1998: 28 attorneys
30 paralegals
15 investigators
3 District Attorneys
4 Public Defenders
7 Police officers
87 TOTAL
This does not include all the friends, community of
New Cumberland and spiritual and medical community
that have supported Mildred Gerber and Marilyn Gerber
during this nightmare since 1998.
Since the death of Fred E Gerber, Frederick E Gerber,
II has done little to asist or help Mildred Gerber in
her medical needs, physical needs, residence needs or
'grief. During the hearing on March 22,2001, Marilyn
shall bring witnesses and specialists to show the
depraved indifference of care for Mildred Gerber
and often put Mildred Gerber at risk medically as
well as her safety in her residence.
In short, Frederick E Gerber,II does not come close
to qualifying as an appropriate Guardian for Mildred
J Gerber and IF this Court just vaguely or possibly
does consider his right to being her Guardian then
THIS MOTION DOES RESPECTFULLY ASK THIS COl TO
ORDER A FULL PRODUCTION AND DISCLOSURE OF FINANCIAL
DOCUMENTS TO EXPLAIN THE MANY DISCREPANCIES AND
FINANCIAL QUESTIONS WHICH ARE OUTLINED IN THIS MOTION.
page ten
SUPPLEMENTAL QUESTIONS FOR PRODUCTION OF DOCUMENTS
32. This motion ask of Frederick E Gerber,II to show
proof of ALL medical assistance as well as medical
physicians, physical therapists, nurses aides,
nurses, laboratory assistants and labs, military
medical help that Frederick E Gerber,II h~s
taken Mildred Gerber to or coordinated that she
see from 1998 until the present. Please include
all rakiology and other tests.
33. This Motion asks of Frederick E Gerber,II to be
ordered to produce all financial records of his
personal income by IRS,State Income Taxes, and W2's
filed by himself, his two sons, Sasha Gerber and
Misha Gerber and his wife, Petra Gerber. Also
produce W2's, loans and IRS and State Income Tax
forms produced by Jane Heflin, Sean Heflin,Amanda
Heflin and her ex-husband, John Heflin when they
were married for the years 1995 to present especially
the years of 1998-2000 if completed since the death
of Fred E Gerber. Please be sure to include all
gifts given by Fred E Gerber or Mildred Gerber under
the $10,000 free gift tax as well as any loans granted
to the above people by Fred E Gerber or Mildred Gerber
Please show all and any forms or questionaires filled
out by any of the above people that requested or
needed any monies from the Trusts established by
Fred E Gerber or Mildred Gerber.
The reason for the perosnal income statements of
the above persons is to show discrepancies from
lack of fiduciary accounting over the last three
years and where monies are hidden or lost.
Please order the above individuals who have been
greatly enriched by monies form Fred E Gerber trusts
and Mildred Gerber to proiduce a montly budget
of monies spent furing 1998,1999.2000 and 2001.
It must be noted that Ms Marilyn Gerber has been
required to show financial montly budget and need
for 1998,1999,2000 and 2001. What is good for her
should be good for the other beneficiaries especially
since they have all been working and been enriched
so handsomely essentially RAIDING the Trust funds
established for their long-term security.
34. By this MOtion, please order Frederick E Gerber to
show his interviews with the beneficiaries and his
short and long term planning for the future growth
of all monies and Trusts for Mildred Gerber and
the siblings, children and issues of Fred E Gerber.
Page ten
~. By this ~qtion, the petitioner asks this Court to
order Fr~rick E Gerer,II to show all telephone
conversations and /or correspondence with a Reserve
Officer who has been employed by Holy Spirit Hospital
in Camp Hill, Pennsylvania and who served with
Frederick E Gerber, II in the Persian/Gulf War. This
supports Frederick E Gerber's intrusive style and
hostility toward Marilyn Gerber which shall be demon-
strated in the upcoming hearing o~.M~ch/.22,2OOo~,~/F.~
36. Please by this Motion, order Frederick E Gerber,II
to show where the maroon Ford Station Wagon belonging
to Fred E Gerber and where Marilyn Gerber was listed
as a "designated driver" with USAA Insurance. Please
also show where is the 1994 beige Oldsmobile which
belongs to Mildred Gerber and demonstrate whether it
is fully registered and inspected. This Oldsmobile
means a tremendous amount to Mildred Gerber as it was
given to her by her husband and also is "perfect" for
her comfort due to her left hip, the height of the
bench seat ann comfort while being driven and as
well for the compnanions and nurses aide who drive
Mildred Gerber.
37. Please by this Motion, order Frederick E Gerber,II
to demonstrate WHY he refuses to assist the needs
of Mildred Gerber and Marilyn Gerber ie. improving
the home of Mildred Gerber and assisting in the
rehabilatation of Marilyn Gerber as well as living
and medical requirements during her complete disability.
Currently, Marilyn Gerber is completely DESTITUTE
without any funds and by the end of this month will
be without cash or any income. Marilyn Gerber now
is receiving food stamps and small loans from friends
which have been exhausted.
38. Please by this MOtion order Frederick E Gerber,II
to explain why Mildred Gerber's phone number was
changed for the second time and made unlisted which ~~
compoletely isolated her from friends, the public
and her medical team. Please also have Frederick E
Gerber explain why for SIXTY THREE (63) DAYS, Mildred
Gerber has not seen her regular Physicians, Physical
Therapists, had any of ther scheduled medications or
n~tritional needs and special ~r~quir~en~s~/~/F~~~..~
39. Please by this Mdtion order Frederick E Gerber,II to
explain why he has had Mildred Gerber fire her very
capable attorney, Josepy Metz and taken her to Carlisle
to a Jacqueline Verney and again pitted against the
the cluches of the firm of Rupp and Meikle which now
puts the Rupp firm in the position to violate tbD~r
client/attorney priveledge as well as violate esn~cal
Page eleven
and discplinanry codes withe Pennsylvania Bar Associa-
tion and the American Bar Association. ~-~/~
40. Please by this MOtion, order Frederick to explain
why Frederick E Gerber,II has consisently stated that
he is representing the wishes of Mildred Gerber when
in fact he has lied before this Courthouse in the
during a trial in September 1999 and on November 1,
1999 in the Courtroom of Judge Hess.
41. Please by this MOtion, order Frederick E Gerber,II
to explain why he was instrumental in having Marilyn
Gerber restrained against Mildred Gerber in December
1998 when indeed Mildred Gerber was active in pursing
the vacation of this restraining order and succeeded
in this requiring two attorneys by November 1,2000.~/~
42. Please by this Motion, order Frderick E Gerber,II
to explain why Frederick E Gerber,II through a new
and unknown attorney, Jacqueline Verney, has sent
a letter to Marilyn Gerber threatening her with
arrest if she approaches the home of 623 Hilltop
Drive, NEw Cumberland,PA Please also explain
why Frederick E Gerber,II is currently holding
RANSOM all of Marilyn Gerber's personal property
as well as Marilyn Gerber had been living in the
family home of 623 Hilltop Drive, N~w Cumberland,PA
since August 2000. ~-~;~
43. Please by this MOtion, order Frederick E Gerber,II
to list every visit he has made to Mildred Gerber
and the lenth of each visit since 1997. Please
also order Frederick E Gerber to list all phone
calls which he has made to Mildred Gerber since
1997. Frederick Gerber uses a Military issued
cell phone as well as has a personal home telephone
number and therefore has telephone logs of all his
telephone calls.
44. Please by this Motion, order Frederick E Gerber,II
to list why he has REFUSED to give his home and
evening telephone for over a year and a half thus
preventing Mildred Gerber from calling her son~
at any time.
45. Please by this MOtion, order Frederick E Gerber,II
to list all of his residences, either owned or
rented since 1997 a~if any monies were mprovided
to him for any deposits or mortages or house pur-
chases by either Fred E Gerber or Mildred Gerber
at any time in his life.
Page twelve
46. Please by this MOtion, order Frederick E Gerber,II
to demonstrate his travel schdedule inside and outside
of this country since 1998. When Frederick E Gerber,II
is out of the country on Military Duty does he name
a co-executor or Trustee for all his responsibilities
for the Gerber family and if so, who?
47. Please by this Motion, order Frederick E Gerber,II
to demonstrate when he had Emergen(ly Surgery in
December 2000 whether he contacted his mother and
whether he appointed a co-executor and Trustee in
the event of his death during surgery or problems
in post-surgery?
48. Please by this Motion, order Frederick E Gerber,II to
show his ORIGIANL log, notes and diaries of his monthly
check register and accounting for all his financial
responsibilities for Mildred Gerber and the Gerber
fmaily Trusts. Please also have Frederick E GErber,II
demonstrate his ability to manage a large amount of
money as the Gerber monies as well as his past success
in his own financial investment and those of his
children and that of the monies of Jane Heflin and
her children. Please also have Frederick E Gerber,II
demonstrate the actual and current value of his
monies in savings, IRA, Roth IRA ,CD's or MM funds
as well as those of Jane Heflin. Has Frederick E
Gerber,II ever vacated any or all of his savings for
the welfare and education of his children or asked
the same of Jane Heflin~
49. Please ask F~derick E Gerber, II by this Motion to
state and prove any monies lent to Jane Heflin or
given to Jane Heflin and demonstrate whether they
have been paid back and at what interest rate. Please
have Frederick E Gerber,II demonstrate if he ever
gave any mnonies for the divorce or medical bills
for John Heflin, thD~husband of Jane Heflin.
50. Please ask Frederick E GErer,II to demonstrate under
what juristiction and law that he has again threatened
Marilyn Gerber from seeing and talking and staying
with Mildred Gerber inliu of the fact that Marilyn
Gerber has been with Mildred Gerber since 1999 and
especially since Mildred Gerber has been totally
and legally restored to Mildred Gerber on November
1,2000.
51. Please ask Frederick E Gerber, II to demonstrate
by this Motion why and for what is his basis of
his over thirty year HATRED of Maril~n Gerber. What
has Marilyn Gerber done to Frderick E GErber,II?
Page thirteen
Please ask Frederick E Gerber,II to site events,
dates and episodes.
52. Please ask Frederick E Gerber,II, how many times
his wife,Petra Gerber has asked to leave and divorce
him and state when in the mo~ recent time, she has
and indeed separate from him.
53. Please by this Motion, order Frederick E Gerber,II
to explain why he has allotted litle to no money for
his youngest son, Misha Gerber when in st~rk contrast,
he has lavishly spent monies on his eldest son ,
Sasha Gerber and Jane Heflin and her children?
54. Please by this Motion, order Frederick E Gerber,II to
show proof of monies received in late 1997 and 1998
from Fred E Gerber for his son's Misha Gerber private
schooling in New York near Ai~; New York.
55. Please by this Motion, order Frederick E GErber,II to
produce all IRS statements and checks (~canceled)
from Fred E Gerber and Mildred Gerber for the last
ten years. Marilyn Gerber has consisently asked
for copies of these to show check and monies given
to her by Fred E GErber.
56. Please by this Motion, order Frederick E Gerber,II
to produce all proof of his filing a Gift Tax form
from monies given to him by Fred E Gerber as well
as reported income of over $10,000 during the last
seven years.
The argument for the above requests go to prove and show that
Frederick E Gerber,II,is not competent to manage and invest
the monies and protect the monies of the Gerber Trusts.
57. Please by this Motion, order Frederick E Gerber,II
to show his relationship and conversations with the
Chief ~ Police of Harrisburg, Sgt Brown and the
conversations wih Colonel Ursone at the Pentagon in
1998 and now as General Ursone currently stationed in
Germany.
It is the argument of this Petitioner is using this Guardianship
HEaring as a tool and a veiled attempt to go on a fishing
expedition against Marilyn Gerber. The truth is that all these
requests before this Court and with this Honorable Judge is
about Marilyn Gerber and not in the least in the concern or
for the protection of Mildred Gerber.
Page fourteen
This Mortion is submited by:
Marilyn Jo Gerber
Pro-Se
42 Drexel Place
New Cumberland,PA 17070
TEL 717 503-5280
PAGER 717 233-9418
cc CRichard Rupp
355 NOrth 21st Street,Suite 205
Camp Hill,PA ~70~
Jacqueline Verney
44 South Hanover Street
Carlisle,PA 17013
PROOF OF SERVICE
I do hereby attest that Marilyn Jo Gerber,Pro-Se has duly
served by pre-paid postage and through the US post office
copies of the Motion for Accounting and Production of ~~
on the .~../~ay pf~March, 2002 to the attorneys of Richard
Rupp and Jacqu~rney.
~ .... ~ Marilyn Jo Gerber
42 Drexel Place
New Cumberland,PA 17070
(717)503-5280
(717)233-9418 PAGER
Richard Rupp
355 North 21st Street,Suite 205
Camp Hill,PA 17011
Jacqueline Verney
44 South Havnover Street
Carlisle,PA 17013