HomeMy WebLinkAbout10-07-02PRO-SE
42 Drexel
New Cumbe~and,PA 17070
(717)503-522K)
IN RE:MILDFI~D J.GERBER ; IN THE COURT OF COMMON PLEAS
TRUST UNDI~ AGREEMENT , CUMBERLAND COUNTY
dated Decernt:~w' 19,1997 · COMMONWEALTH OF PENNSLYVANIA
0 ORPHANS'COL~T DIVISION
· No. 21-2002-0540 and NO. 27-~1~~
· and NO.21-1998-0150
PETITION TO CITE GUARDIAN OF ESTATE,PNC BANK, TO
FiLE AN ACCOUNTING OF ADMISTRATION,AN ACCURATE
I_..NVENTORY AND AN ACCURATE ANNUAL REPORT
NOW COMES Petitioner, Marilyn Jo Gerber, on record with this Court as PRO-SE
and files the within Petition to Cite the Guardian of Estate to file an Accurate Annual
Report which was due on March 22,2002 and a complete accounting of administration
of the said TruStS of Mildred J Gerber and Fred E Gerber,Sr
pursuant to 20 Pa. C.S.5521 (c) and 20 Pa. C.S.A. 7181 ,and an Accurate Inventory as
follows:
I. Petitioner, Marilyn Jo Gerber is a remainder beneficiary of the Mildred J Gerber
Trust.
2. Petitioner, Marilyn Jo Gerber is the eldest child and daughter of Mildred J.
Gerber.
3. On March 22,2001 ,this Court appointed PNC Bank plenary guardian of the
of Mildred J. Gerber, Incapacitated Person.
4. In April, 2001, the petitioner met with Dave Brown, Carol Yon and Denise
Sollenberger of PNC Bank in their offices in Camp Hill to discuss her concerns of the
mishandling of finances by Fred E Gerber, II who was the Trustee of this said Trust.
5. In April,2001, the petitioner at this meeting listed several items, dollar amounts
of missing funds, missing checks, inaccurate IRS reports for 1999, a missing flood
damage homeowner's claim, a missing car insurance company check, and the
absence of any accounting since 1998 of this Trust. The petitoner also informed the
bank that she has three stories of her personal property and assets in her mother's
home
6. In April,2001, the petitioner at this meeting requested that PNC Bank go back
and request all the checks written by Mildred J Gerber and Fred E Gerber, II since 1998
in order to complete an accurate state of the Trust since the death of Fred E Gerber, Sr.
7. In May 2001, the petitioner called Dave Brown to inform him that Fred E
Gerber, II and Fay Ellenberger were throwing out onto the sidewalk curb numerous
trash bags of personal property of Mildred J Gerber and Madlyn Gerber.
8. On May 22,2001, the attomey for PNC Bank, Ms AJ Mendelsohn of Rhoades &
Sinon wrote the petitioner and informed her that she was not to remove any property
of Mildred J Gerber. In this letter they state that they have the responsibility to pay all
bills,manage and invest all assests and income, control all bank and brokerage
accounts, mange and maintain all real estate and personal property and conduct all
planning and lifetime gifting for Mildred J Gerber. They go on to state that the removal
of personal effects or other property located in the home of Mildred J Gerber must be
approved by PNC Bank. This letter was copied only to the attorney of Mildred J
,Ms Jacqueline Verney, Esquire, Dave Brown but not to Fred E Gerber, Il.
9. In the summer of 2001, the petitioner has several telepone conversations with
Denise Sollenberger regarding the removal of Mildred J Gerber's lifeline which which
Marilyn Gerber was requesting the reinstallation for the safety of Mildred J Gerber;and
monies which this peitioner felt that Mildred J Gerber needed for her care and
as well as ideas for Mildred J Gerber's enjoyment ie. going out to the hairdresser,
rides in her car, going out to lunch with her caregivers.
10. In July 2001, Denise Sollenberger stated that Mildred J Gerber was receiving
$300.00 in monies each month for her monthy expenses.
11. On October 26,2001, my attorney, Stan Laskowski, wrote Ms Mendelsohn
informing her of his representation of this petitioner in the matter of the guardianship of
person of Mildred J Gerber filed by her son, Fred E Gerber, Il. Mr Laskowski also
requested the inventory, accounting of Mrs Gerber's assets, inclusive of the family
trusts. He goes on to request if accountings were not filed,to inform him of the bank's
intent to acquire it. Laskowski also requests copies of Mrs Gerber's income tax and
trust returns or extensions if they were filed by the bank.
12. PNC Bank never responded to the above mentioned letter.
13. On October 8,2001, the first hearing for the petition for Guardianship of Person
was held in the Court of Judge Edgar Bayley.
14. On October 3,2001, PNC files in this Court a Removal of Trustee and
Appointment of Successor Trustee of the Mildred J Gerber Revocable Trust, signed by
Carol Yon and David Brown. PNC never informed Stan Laskowski of this action per
his request on October 26,2001. Therefore, the first guardianship hearing on October
8,2001 never received any of this information.
15. On or about November 9,2001, the petitioner informed Dave Brown of PNC
Bank via voice mail, that Mildred J Gerber had been hospitalized and informed them
that they should ckeck for incoming medical bills.
16. On December 19,2002, the last headng of the guardianship of person was
heard in this Court and Fred E Gerber, II was appointed as pleanary guardian.
17. On April 16,2002, the petitioner and Stan Laskowski representing only Ms
Gerber on matters of guardiaship of person requested a meeting with Dave Brown of
PNC Bank. A meeting for April 25,2002 was scheduled by PNC Bank at 10:00 AM.
PNC Bank invited Fred E Gerber, Il, Richard Rupp and Jane Heflin to attend.
18 On April 25,2002, Marilyn Gerber and Stan Laskowski met with PNC Bank.
Dave Brown, AJ Mendelsohn metwith the above individuals in their offices in
Camp Hill. At this meeting, PNC:
Bank informed the petitioner that they have not been successful in getting Fred E
Gerber, Il, to provide accounting and gave an explanation that Fred E Gerber, II stated
that he was busy. Marilyn Jo Gerber requested that PNC seek Court action.
19. C,n April 25,2002, Richard Rupp showed up at the meeting late after the
peritioner and her attorney were finishing up with the bank. Richard Rupp raised
questions about a cafe expense in DC and expenses at Victoria Secrets.
20. On April 25,2002, this petitoner also informed PNC bank, Dave Brown and AJ
Mendelsohn that Mildred J Gerber's mail had been picked up since December
25,2001 by a family for approximately four months and was being held. This had been
arranged by Fred E Gerber, Il and NOT PNC Bank. The petitioner also gave Dave
Brown a refund check from the Department of Revenue in Pennslyvania for Mildred
Gerber and several other items concerning Mildred Gerber's health insurance which
Marilyn Gerber had found among the mail that had been held by the Smore family.
This refUnd check was over a month old. PNC bank had not tracked any income
checks due for Mildred J Gerber.
21. On April 25,2002, the petitioner also stated that she would arrange for a high
school boy to mow Mrs Gerber's lawn and stated that she had paid the family that
picked up Mrs Gerber's mail for 3 months; shoveled her sidewalks and advanced the
lawn mover monies for mowing and weeding Mildred J Gerber's garden.
22. On April 25, 2002, Marilyn Gerber again voiced her concern of the lack of the
lack of accounting from Fred E Gerber, II and all the missing items which Mafilyn
Gerber mentioned to PNC one year earlier. PNC informed the petitioner that they had
currently given Fred E Gerber, il 30 days to provide a full accounting of both Trusts.
23. On April 25, 2002, PNC stated that they did not know that Mrs Gerber's mail
was being picked up for almost four months and being held by a family which Fred E
Gerber, II had arranged for them to do. PNC Bank had no explanation as to why they
had not realized that they were not getting Mrs Gerber's mail and provided no
information as to how they were picking up her mail.
24. On May 6,2002, Ms AJ Mendelsohn writes a letter to Stan Laskowski stating
that they are concerned the petitoner is tampering with Mrs Gerber's mail and enclose
a form which they wish for the petitioner to sign.
25. During the week of May 6,2002, the petitioner contacted the New Cumberland
Post Office and tried to speak to Tom Brown, the Postmaster at the New Cumberland
Post Office. Tom Brown refused to discuss the matter with the petitioner and ordered
the petitioner to have her attorney contact him.
26. During the following week of May 6,2002, AJ Mendelsohn contacted Stan
Laskowski. and informed him that she had been wrong and that the petitioner had not
been involved in any fashion with tampering with Mrs Gerber's mail. AJ Mendelsohn
also informed Laskowski that she had spoken with Tom Brown, Jane Heflin, Fred E
Gerber, II and Mr and Mrs Smore. AJMendelsohn also agrees to write a letter of
retraction for the petitioner. This letter never occured despite numerous requests.
27. On May 12,2002, the petitioner sends to Mendelsohn a version of her approval
for Mrs Gerber's mail to be forwarded. The petitioner also informs PNC Bank and AJ
Mendelsohn that Start Laskowski did not represent her on any matters on
guardianship of estate and to not contact him, call him or write him.
28. On May 28,2002, the petitioner wrote Dave Brown requesting payment for the
monies which she paid to Greg Smore for lawn services for her mother's property. The
petitioner also requests funds or gifts for Greg Smore and her neice, Amanda Heflin
for their respective graduation from high school and college respectively. The
petitoner also addresses and requests all receipts and bills that PNC Bank has
managed since March 22,2001. The petitioner addresses the car insurance, $25,000
wired into her account by Fred E Gerber, Il;the lack of accounting from Fred E Gerber, Il;
copies of IRS reports for 1997, 1998,1999,2000 and 2001 ;her mother's living
conditions,her caregivers and requests copies of bills and receipts from Merritt Home
Care Services in Lombard, Ilinois;her mother's medical status and care;her mother's
medical bills;her mother's insurance bills and life insurance policies;the excessive
legal expenses by AJ Mendelsohn for matters of her mother's mail,etc.
29. On June 3,2002, AJ Mendelsohn writes Stan Laskowski and objects to the
petitoner's leaving voice mail messages with PNC Bank and threatens to take legal
action against her.
30. On June 3,2002, AJ Mendelsohn sends a letter to Stan Laskowski informing
him that they have filed two petitions to Cite Trustee to File an Account of
Administration for both Trusts. AJ Mendelsohn never copied the petitioner despite
numerous letters and telephone telling PNC Bank and AJ Mendelsohn that Laskowski
did not represent her for guardianship of estate matters. The petitioner objected to the
excessive costs for her as well as for her mother's estate and Trusts.
31. On June 13,2002, AJ Mendelsohn writes Laskowski stating that they refuse to
provide any financial information about her mother's Ttrusts and they continue to insist
that they will not communicate with the petitioner despite that she is PRO-SE on
record with this Court. They continue to insist that Laskowski is her attorney.
32. On July 8,2002, the petitioner picks up a copy of the accountings from Fred E
Gerber, II at the offices of AJ Mendelsohn. The lawyers of Rhoades & Sinon ,Mr Smith
refuse to speak to the petitioner, stating that she should call her attorney, Mr
Laskowski. The petitioner again explains that she represents herself as PRO-SE.
This petitioner also discovers that her brother, Fred E Gerber, II has raided the two
Trusts for several hundreds of thousands of dollars WHILE PNC BANK was guardian
of the estate for the Trust of Mildred J Gerber. The petitioner calls Dave Brown and
informs him that she will make public her concerns regarding PNC's management of
her mother's esate and two trusts. Dave Brown threatens the petitioner with a law suit
if she reveals publically her concerns. On or about July 19,2002, most major
Pennslyvania newspapers and US financial newspapers report that PNC Financial
Advisors are responsible for $800 million in bad accounting and the SEC cites them
and curtails their curtails PNC's financial practices. The petitioner informs Dave
Brown that she will report her concerns to the OCC and other appropriate agencies.
33. On July 12, 2002, PNC Advisor Dave Brown writes the petitioner and states that
they are going to dictate how the petitioner will communicate with them. Dave
Brown states in this letter that he feels that after 14 months of attempting to get
accounting from Fred E Gerber, II they feel they are making progress by petitioning the
Court for accounting!! Dave also encloses a check for the petitioner for $125, a check
that took 45 days for the bank to cut. The bank states that they cannot make gifts to
anyone in Mildred J Gerber's name;they are going to put a light timer in Mildred J
Gerber's house as suggested by the petitioner;
;they REFUSE to provide bills, receipts from BETRA and MERITT HOME
SERVICES as was requested on April 25,2002 and in subsequent letters; and they
state that they are going to SELL my mother's car to my sister Jane Heflin for its fair
market value which would be concluded on July21,2002. He further goes on to state
that they are not aware of what services are being provided to my mother in
Chicagobut he states that he is aware that it is MORE EXPENSIVE TO KEEP
MILDRED J GERBER IN CHICAGO INSTEAD OF IN HER HOME IN PENNSLYVANIA.
He also goes on to state that PNC Bank will NOW provide quarterly statements for the
guardianship of estate and the Mildred Gerber Revocable Trust to the petitioner, 'Jane
Heflin and Fred E Gerber, II begining with the month end of July 31,2002. Dave Brown
states that he feels that PNC Bank has filed a comprehensive annual report despite
that it was one month late.
He states:
that they are still analyzing the accountings from March 22,2001 and finally invites me
to
write him with any of my questions or comments. He says he values my input BUT he
CANCELS my confirmed meeting with the bank and him for AUGUST 1,2002.
34. On July 22,2002,the petitioner writes PNC Bank regarding her objections of
their cancelling their appointment and REFUSAL to meet with her. The petitioner
states that she has called the corporate offices of PNC Bank in Pittsburgh who had
assured her that they would work with her, Carol Yon assured the petitioner that she
could call her at any time with her concern.
35. On July 22,2002, again wdtes to PNC Bank her concerns and affirms her PRO-
SE status and concerns for the mismanagement of by her brother, Fred E Gerber and
the bank.
36. On July 23,2002, the petitioner agains writes PNC Bank with a six pages of
specific
statements of concern for their accouting and that of her brother. The petitioner also
OBJECTS to the sale of her mother's car to Jane Heflin especially since more than
likely the Trust would again pay for this and take Mildred J Gerber's car away from
her.
The petitoner also asks if she can buy her mother's car which she will then give back
to her mother for her use. PNC Bank refuses and sells the car to Jane Heflin. The
petitioner also questions the bank's partial inventory of Mildred J Gerber's estate and
states her concern for their mismanagement of insurance policies, car insurance
policies, expired car inspection and license plate of Mildred J Gerber's car.
37. On July 26,2002, Dave Brown, respond to the petitioner's letter of July 22,and
23,2002 and deny that they are acting in a secret agreement with Fred E Gerber, II and
assert that their only interest is that to do the best for Mildred J Gerber. They claim to
have no knowledge of Fred E Gerber's financial actions concerning Mildred J Gerber.
38. On July 30,2002, AJ Mendelsohn again wdtes Stan Laskowski and informs him.-...
that PNC Bank will not meet with the petitioner and claim that they
have always acted in the best interest of Mildred J Gerber. PNC Bank will only
communicate with the petitioner in writing.
39. On August 27,2002, the petitioner files her Objections to the Accouting for the
two Trusts files by Fred E Gerber, Il. PNC Bank refuses to work or meet with the
petitioner regarding the accounting and the surchargeable issues by Fred' E Gerber, Il.
40. On October 1,2002, the petitioner receives a fax communication via Stan
Laskowski that the meeting with her mother shall occur at Sunrise Living in Glen
Ellyn. Previously, the petitioner was instructed that her court ordered meeting with her
mother would occur at the Embassy Suites in Lombard, Illinois.
41 .On October 1, 2002, Fred E Gerber, II met with his attorney, Richard Rupp in
Camp HilI,Pennslyvania.
42. On September 30, 2002, the petitioner faxed and mailed a copy of her request
for a status conference with this Court.
43. On October 1,2002, the petitioner faxes to PNC Bank, Dave Brown a five page
letter sharing her concerns about the:
estate,Trusts,and their surchargeable issues while they have been guardian of estate
of her mother. The petitioner asks specific questions concerning monies,
assests,and other issues.
44. On October 1,2002, the petitioner requests a cost analysis of Mildred J
Gerber's homecare and assisted living costs in Chicago and Pennslyvania.
45. On October 1,2002, the petitioner requests where her personal property is and
asks for an independent person to attend entering the home of Mildred J Gerber
where the petitioner had lived since 1968-and the petitioner asks for an independent. -.
examinier-to identify her property and assist her in retrieving her property.
46. On October 1, 2002 at 11:00AM, the petitioner walks past her mother's home to.
discover that two 30 foot moving trucks, 7 moving men, Dave Brown and Denise
Sollenberger are moving all .of Mildred J Gerber~s and Marityn Jo. Gerber~s personal ,.~
property f~m.thefamity-home at.623 Hilltrop Drive,New Cumberland;PAd 707'0. The
petitioner~ealled.91-1-and asked~for assistance eoneemin§-the {~eft-of-heri~rs~_ n~g
property and moving of her mother's oersonal possessions. AJ Mendelsohn and her
assistant arrived approximMely I hoUr later and stayed for several hours. Ms
Mendelsohn and Dave Brown and Denise Sollenberger' REFUSED to dial'o~iJ~ with
Mar~-ilyri Geii~e~ and in fact made fun of her, turned their backs on her, laughed at her
and AJ Mendelsohn refused to acknowledge her as a PRO-SE agent of this Co~i
The police Chief of N~w Cumberland refused to take a police report and Dave Brown
//
informed Marilyn Gerber that she would be arrested if she stayed on the property.
Dave Brown informed Marilyn Jo Gerber that Mildred J Gerber's house would be
sold. Dave Brown refused to inform her who the realtor was and refused to accept
Marilyn Gerber's written statement to purchase the home.
47. On October 1,2002, Marilyn ran back to her home,5 doors down the street
and typed out a statement of intent to purchase her mother's home as well as other
questions concerning her mother's medical and financial status. Marilyn Gerber faxed
this over to the offices of PNC Bank.
48. On October 2,2002, Marilyn Gerber faxed a four page letter asking specific
questions of PNC Bank concerning their banking mis-management of her mother's
estate and Trusts.
Wherefore this petitioner requests that this Court consider the following information:
49. PNC filed an Inventory on June 19,2002. This inventory was incomplete' and
only a partial inventory of the personal property, assets and anticipated assets of
Mildred J Gerber.
50. On March 22,2002, a Guardian of the Estate Annual Report (20 Pa.C.S. 5521)
was due.
50. PNC Bank did not file their Annual Report until April 19,2002. This accounting
failed to conform to the fiduciary accounting standards set forth in Supreme Court
Orphans' Court Rule 6.1 and breaches Accountant's duty to render a clear and
accurate account.
51. PNC Bank waited 15 months before filing a Petition to Cite the Trustee, Fred E
Gerber, Il to provide accounting on the two Trusts. During this time, Fred E Gerber, Il
removed substantial amounts of monies from the Mildred J Gerber Trust illegally.
52. PNC Bank failed to pay Mildred Gerber monthly monies for her expenses and
enjoyment from March 22,2001 until the present.
53. PNC Bank failed to pay utility bills of Mildred Gerber in a timely basis which
resulted
in numerous notices to shut off Mildred's phone in the summer of 2001.
54. PNC Bank failed to gather and manage Mildred E Gerber's assests from her
checking acounts, her personal Trust and other assests resulting in hundres of
thousands of dollars being expended and lost by Fred E Gerber, Il.
55. PNC Bank waited for over 6 months pdor to removing Fred E Gerber as Trustee
of Mildred J Gerber's Trust resulting in tens of thousands of dollars being lost and
expended by Fred E Gerber, II.
56. PNC Bank has not provided adequate quarterly and montly financial
statements to the petitioner and other siblings and they do not conform to the fiduciary
accounting standards set forth in Supreme Court Orphans' Court Rule 6.1, and
breaches Accountant's duty to render a clear and accurate account
57. PNC Bank fails to separately state disbursements, distributions of income and
principal.
58. PNC Bank fails to report the fiduciary acquisition value of the Trust assests.
59. PNC Bank fails to report with specificity gains and losses on sales or other
dispostions of Trust assets, such as the unrealized losses noted in 1998,1999
,2000,2001 and 2002.
60. PNC Bank fails to report the total value of assets assumed from Chades
Schwarb in 2001, when this was done, how much was assumed and into what
investments these undeclared funds were invested in.
61. PNC Bank fails to report montly expenses for Mildred J Gerber from March
22,2001 until the present annual report which was due on March 22,2002.
62. PNC Bank fails to report monthly banking fees for services rendered to Mildred
J Gerber from March 22,2001 month by month and yearly.
63. PNC Bank fails to report montly legal fees, billable hours, for what specific legal
actions month by month and yearly.
64. PNC Bank fails to report life insurance policies, fees for payments of such
policies; fails to report car insurance policies and fees for payments of such
policies,fails to report medical insurance policies and monthly fees for such medical
policies and medical expenses.
65. PNC Bank fails to report and account for the multiple distributions of Mildred's
checking accounts, checking account fees and if any interest was earned.
66. PNC Bank fails to report the distribution of gifts, losses and disbursements of
monies from Mildred J Gerber's personal checking accounts, her estate and her Trust
to any person or entity.
67. PNC Bank fails to report why they did not complete IRS reports for Mildred J
Gerber and each report due for 2000,2001 and 2002.
68. PNC Bank fails to report distributions from property in Baltimore, Maryland.
69. PNC Bank fails to report income from property in Baltimore, Maryland.
70. PNC has recently assisted the Guardian of Person, Fred E Gerber, II in
removing all of Mildred J Gerber's personal possessions from her home, allegedly sell
her home, refuse disclosure of information regarding this pending sale and have
essentially worked out a plan to PERMANENTLY INSTITUTIALIZE Mildred J Gerber
despite all the court testimony from Roger Cadieux, Fred E Gerber,II and Marilyn J
Gerber that Mildred J Gerber would stay in her home of 34 years.
71. PNC has stated to Marilyn Gerber and Stan Laskowski on April 25,2002, that
Mildred J Gerber had enough funds for up to 10 years. Marilyn Gerber informed PNC
Bank of her intent to return Mildred J Gerber to her home in New Cumberland where it
would be CHEAPER by industry and Federal reports to provide Midred J Gerber with
24
hour care and in KEEPING WITH THE EXPRESSED DESIRES OF MILDRED J
GERBER of her wishes as stated to her attorney, Joseph Metz and her physicians in
Fall of 2000 as well as to the Department Area Office of Aging's several case workers
in Fall 2000 and in 2001.
72. Fred E Gerber II, stated in his court testimony at the guardianship hearing on
October 8,2001 ,that he would keep Mildred J Gerber in her home in New
Cumberland,Pennslyvania with 24 hour care. Ms Mendelsohn stated to the petitioner
and Start Laskowski on April 25,2002 had read all of the court testimonies and letters.
73. PNC Bank is charged by national guardianshipStandards of Practice and Code
of Ethics to manage the ward's property, assets, and protect her wishes and desires.
The guardian must explore all alternatives to protect the ward's property and improve
the life of the ward and the likelyhood that such tangible property and assets will
benefit and improve the life of the ward.
74.. PNC Bank must resptect the desires of the ward especially in terms of the
ward's desire to stay at home.
WHEREFORE,Petitioner respectfully resquests that this Honorable Court order a
Citation to be issued pursuant to 20Pa. C.S.A.7181 ,directed to PNC Bank,Financial
Advisors, to show cause why they should not render a full account of their
administration of the estate of Mildred J Gerber, provide a full inventory list and revise
and provide a complete and thorough Annual Report per 20Pa. C.S.A.5521(c) and
such other relief as this Court shall deem proper.
MARILYN JO GERBER
42. Drexol Plato
New Cumbodand,P^ 17070
_ (717)503-5280
ROBERT M. LONG, JR.* SHAWN D. LOCHINGER
SHERILL T. MOYER JAMES H. CAWLEY ATTO R N EYS AT LAW OF COUNSEL
.]AN P. PADEN DEAN F. PIERMATTEI
RICHARD B. WOOD ' KENNETH L. JOEL T w E L F T H F L O O R FRANK A. SINON
· HENRY W, RHOADS
LAWRENCEB. ABRA/~Ill* DEBRAM. KRIETE ONE SOUTH MARKET SQUARE .1OHNC, DOWUNG
J. BRUCE WALTER TODD J. SHILL R. STEPHEN SHIBLA
JOHN P. MANBECK LORI .1. MCELROY P. O. B O X 1 14 6
FRANK J. LEEER THOMAS J. NEHILLA
PAULA. LUNDEEN KEVINM. GOLD HARRZSBURG~ PA ::t7108-1146
JACK F. HURLEYt JR. CARL D. LUNDBLAD PAUL H. RHOADS
DAVID B. DOWUNG JAMES E. ELLISON - , 1907-1984
DAVID F. O'LEARY RICHARD E. ARTELL JOHN M. MUSSELMAN
DAVID O. TWADDELL ROBERT J. TRIBECK T E L E P H O N E ( 7 ! 7 ) 2 3 3 - 5 7 31 1919-1980
CHARLES J. FERRY TIMOTHY .1. NIEMAN CLYLE R. HENDERSHOT
STANLEY A. SMITH PAUL 3. BRUDER, 3R.
3ENS H. DAMGAARD* JOANNE BOOK CHRISTINE FA X (717) 2 3 2- [ 4 5 9 1922-1980
DRAKE O. NICHOLAS SUSAN E. SCHWAB
· AMYS. MENDELSOHN* EMAZL amendelsohn@rhoads-slnon.com DIRECT DIAL NO.
THOMAS A. FRENCH MICHAEL W. WINFIELD**
DeAN .. OUSmBERRE KATHRYN G. SOPHY W E B S IT E: www.rhoads-sinon.corn (7 ] 7) 233-573
DONNA M.3. CLARK STEPHANIE E. DIVITTORE
CHARLES E. GUTSHALL K]MBERLY L SNELL-ZARCO~E
PAUL F. WESSELL KATHLEEN D. BRUDER May 22, 2001 FILE NO.
*ALSO ADNI~rl'ED TO THE FLORIDA BAR
''AL$O AONrITED TO THE HARYLANO "AR. 3547/05
Re: Guardianship Estate of Mildred J. Gerber
Marilyn Gerber
42 Drexel Place
New CUmberland, PA 17070
Dear Ms.. Gerber:
As you may be aware, our client, PNC Bank, has been appointed as the guardian of the
Estate of your mother, Mildred J. Gerber. A copy of the Court Order appointing.PNC Bank is
enclosed for your convenience. As guardian, PNC Bank's duties and authority include, but are
not limited to, paying all bills, managing and investing all assets and income, controlling all bank
and brokerage accounts, managing and maintaining all real estate and personal property, and
conducting all estate planning and lifetime gifting for your mother. To the extent you previously
handled any of these matters for your mother, you should no longer assume these
responsibilities.
: In addition, any distribution or removal of your mother's personal effects or other
property located in her house or elsewhere must be approved in advance by PNC Bank.
Should you have any questions, please do not hesitate to contact us.
Very truly yours,
RHOADS &SINON LLP ' -.
Am:~rg. Mendelsohn
cc: DaVid A. Brown
Jacqueline Verney, Esquire j
YO~IC:
AFFILIATED OFFICE:
TELEPHONE (717) 843-1718, FAX (717) 232-1459 STE. 203, 1700 S. DIXIE HWY, BOCA RATON, FL 33432 LANCASTER:
TELEPHONE (SEl) 395-55951 FAX (561) 395-9497 TELEPHONE (717) 397-4431, FAX (717) 232-1459
Register of Wills of Cumberland County, Pennsylvania
INVENTORY
IN RE: Estate of MILDRED J. GERBER, : IN THE COURT OF COMMON PLEAS
An Incapacitated Person : CUMBERLAND COUNTY, PENNSYLVANIA
:
: ORPHAN'S COURT DIVISION
: NO. 21-01-92
PHC-Bank, N.A., ,, ' .... '' ~
Guardian of the Estate of the above-mentioned Incapacitated Person does hereby vedfl/fl'~t tt.~ i~3m¢ a~3e&ri,,'~ i.-.'tt~e fo:lo.riG
inventory include all of the personal assets wherever situate and all of the real estate of said Incapacitated PerSOn, that ~
valuation placed opposite each item of said Inventory represents its fair value as of the date of its receipt by the Guardian. I/We
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom
falsification to autho~ties.
Guardian:
Name of
Attorney: Amy j. Mendelsohn PNC ~ ~
I.D. No.: 81084 By: ' ~"~' / ~
David A. Brown, Vice President
Address: Rheads & Sinon LLP Dated: ~//~ ~ 2001
One South Market Squarer 12~ Floor
Harrisbur,qf PA 17101
Telephone: 1717) 233-57321
Description Value
REAL ESTATE:
Residence located at 623 Hilltop Ddve, New Cumberland, PA 17070 150,000.00
PERSONAL.PROPERTY:
PNC Bank Account #514002315.1 806.00
PNC Bank Account//'5003544954 768.00
Personal Property (includes Automobile) 11,841.00
Jewelry
Cash Received from Mildred J. Gerber Revocable Trust. 25.000.00
ANT/C/PA TED ASSETS:
Mildred J. Gerber Revocable Trust 275,000.00
Total: $463,516.00
IN RE: : IN THE COURT OF COMMON PLEAS 'OF
APPOINTMENT OF A : CUMBERLAND COUNTY, PENNSYLVANIA
GUARDIAN OF~ THE PERSON :
OF MILDRED J. GERBER, :
an alleged incapacitated :
person : NO. 21-01-92 ORPHAN-S' COURT
IN RE: APPOINTSfENT OF A GUARDIAN
Proceedings held before the
HONORABLE EDGAR B. BAYLEY, J.,
Cumberland County Courthouse, Carlisle, Pennsylvania,
on October 8, 2001, at 1:35 p.m.
in Courtroom Number Two.
APPEARANCES:
JACQUELINE VERNEY, Esquire
For Mildred J. Gerber
RICHARD C. RUPP~ Esquire
For Petitioner
STANLEY J.A. LASKOWSKI, Esquire
For Marilyn J. Gerber
1 Kimberly Young, the home health aides, my own personal
2 observations, I plan to continue the same level of care as
3 mom's physicians and home healthcare aides decide that She
4 needs, continuing hours other than the 12 that they have
5 recommended and I have concurred with.
6 We will continue to up the number of hours
7 on a daily basis that Betra home care provides care. When
8 it becomes time for mom to have 24-hour care, I will make
9 the decision to have 24-hour in-home care at 623 Hilltop
10 Drive.
11 Q And Betra is available and capable of doing
12 that at the present time as far as you understand it?
13 A That's what they have told me in personal
14 discussion. '
15 Q Have you given any instructions to anyone to
16 keep Marilyn away from your mom?
17 A Affirmative.
18 Q Can you tell me who you gave those
19 instructions to?
20 A I gave those instructions to Betra home care
21 that there was an injunction to keep Marilyn away from the
22 house.
23 Q Let's stop right there. Where is this
24 injunction issued?
25 A Sir, you'll have to talk with mom's lawyer,
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