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HomeMy WebLinkAbout10-08-02 Marilyn Jo Gerber PRO-SE 42 Drexel Place New Cumberland, PA 17070 (717)503-5280 IN RE:MILDRED J. GERBER IN THE COURT OF COMMON PLEAS GUARDIAN OF ESTATE, PNC BANK CUMBERLAND COUNTY MILDRED J. GERBER ESTATE UNDER COMMONW~,ALTH OF PENNSLYVANIA AGREEMENT dated March 22,2001 and NO.21-01-92 and NO 21-2002-0540 and December 19,1997, amended August 2, NO-21-1998-0150 ~ 1999 and January 25,2001 and the TRUST of Fred E Gerber,SR. MOTION TO REQUEST THE GUARDIAN OF ESTATE PNC BANK TO PRODUCE A COST ANALYSIS OF HOMECARE OF MILDRED J. GERB~-H IN HER HOME IN NEW CUMBERLAND AND CARE IN LOMBARD, ILLINOIS AND AT SUNRISE ASSISTED LIVING IN GLEN ELLYN_J_ILLINOIS INCLUDING ALL EXPENSES NOW COMES, Petitioi~er, Marilyn Jo Gerber, on record with this Court as PRO-SE and files the within Petition to request the Guardian of Estate,PNC Bank to produce a cost analysis of homecare expenses of Mildred J Gerber in her home in New Cumberland and her care in Lombard, Illinois and at Sunrise Assisted Living in Glen Ellyn,lllinois as well as all expenses pursuant to the guardian of estate's fidicuary responsibilities to manage their ward's estate in the best interest of the ward without any conflict of interest pursuant to the 20 Pa. C.S.A. for incapacitated person. I. Petitioner, Marilyn Jo Gerber is a remainder beneficiary of the Mildred J Gerber Trust and the Fred E Gerber, Sr. 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 Mildred J Gerber, Incapacitated Person. 4. On November 4,2001, Fred E Gerber, II left Mildred J Gerber alone in her home without a caregiver. This resulted in Mildred J Gerber falling, fracturing two ribs and laying on the floor for 12 hours until the caregiver found her the next morning. This resulted in her admission to Pinnancle Hospital for a week on the telemetry unit and enduring a chest tube insertion and needless pain. 5. On October 8,2001, Fred E Gerber, Il, testified in Court dudng the guardianship proceedings for Guardianship of Person that he would keep his mother, Mildred J Gerber in her home of 33 years and provide 24 care for her. 6. On December 19, 2001, Fred E Gerber, II testified that his mother was going to go to Chicago, Illinois only for the Christmas holidays. This Court ordered her appearance for a motion of January 28,2002 for access of visitation. 7. Fred E Gerber, II filed a continuance for the January 28,2002 hearing due to this military responsibilities. This Court ordered another hearing for March 23,2002. 8. On March 22,2002, this Court ordered Mildred J Gerber to be brought back to Pennslyvania for a hearing to determine access visitations by her daughter. 9. On March 22, 2002, Mildred J Gerber was flown back from Chicago, heavily sedated and confined to a hotel room across the street from the Courthouse. Mildred J Gerber was never allowed to see her home. 10. On March 22,2001, this Court ordered the Guardian of Person, Fred E Gerber, II to make Mildred J Gerber available for four continous hours, once a week, when she can arrange it and wherever Mildred J Gerber was located. 11. In April,2002, Marilyn Jo Gerber started visiting her mother in Chicago however she was forced to see her mother in a hotel room and not at her sister's home in Lombard,Illinois where Mildred J Gerber was staying. 12. From April to the present, Fred E Gerber, II has been in contempt of 50% of the court ordered visitations. 13. In August 2002, Mildred J Gerber refused to exit her car and a four hour visit was conducted in her car in the parking lot of the Embassy Suites in Lombard, Illinois. A second visit was conducted in the same parking lot only Mildred J Gerber was suddenly in a wheelchair for four continous hours. 14. Marilyn Jo Gerber by August 2002, noticed that her mother had a blackened, left necrotic toe, her ankles were swollen and edematous, her TMJ was contracting over 80 times a minute, her lungs were congested and she was not wearing her surgical corset of 55 years or support bra and she had lost considerable weight. 15. On or about September 1, 2002, Fred E Gerber, Il admitted Mildred J Gerber to an assisted living facility called Sunrise Assisted Living in Glen Ellyn, Illinois. 16. Mariiyn Gerber was denied her visit with her mother on September 3 and 4,2002. 17. Marilyn Gerber finally retained counsel in Chicago and on September 18,2002, the Pennslyvania Court order was admitted in the Court of DuPage County on full faith and credit. 18. On October 4,2002, Marilyn Gerber visited her mother and discovered that her mother was heavily medicated, in a wheelchair, she had a right heel wound, a left, blackened necrotic toe, her lungs were coarse and congested, she had copious thick on October 1,2002, that Midlred's home would be sold. Ma, ri!¥ ~,.erbe~, Q~ieg!~ ~.rlc~ offered her letter of intent to purchase Midlred's home. 21. On October 1,2002 and October 2,2002, Madlyn Gerber sent letters to PNC Bank asking numerous questions concerning the Estate and the Trusts of Mildred and their managment and loss of investments, disbursements, asked for receipts and a full accounting, detailed inventory list,etc. Marilyn also sent her letter of intent to purchase the family home. 22. On October 7,2002, Marilyn Gerber filed a Petition to request full accounting from PNC Bank, an accurate inventory and an accurate annual report of the assets , Estate and Trusts of Mildred J Gerber 23. On August 27,2002, PNC Bank and Marilyn Gerber filed Objections to the partial accounting of the Trusts as well as requested a full audit for losses and surchargeable issues incured by Fred E Gerber, Il. 24. The Guardian of Estate has a fiduciary and ethical responsibility to protect the assets and Trusts of Mildred J Gerber as well as respect her wishes to stay in her home at 623 Hilltop Drive, New Cumberland where she has a community of friends, her Catholic parish and priests and family that live 5 doors down the street, 2 hours away in Washington, D.C. and 3 hours away from New York where Jane Heflin works. If the home of Mildred J Gerber is sold to anyone other than family, Mildred J Gerber faces permanent INSTITULIZATION and would never return to her beloved home in Pennslyvania. 25. Mildred J Gerber testified to several caregivers and caseworkers from the Department of Aging that she did not want to live in Chicago or visit Chicago. yellow mucous on her tongue, her TMJ was contracting at 60 to 80 times a minute,she was wearing sloppy, non-supportive slippers, she was left alone in a wheelchair for hours. at a time, she was not moved every 2 hours, she was not offered fulids every 2 -4 hours,she was offered cold food and she was not toileted every 2 hours. In addition, the staff at the facility was openly hostile with Marilyn Gerber and called the police for each of Marilyn's last three visits with her mother which resulted in stress and confrontation in front of other residents and Mildred J Gerber. The LPN, Michelle Herold threatened to arrest Marilyn Gerber despite the Court order for visitation. This facility also does not have LPN's after 8 PM or any LPN's on the weekends. This is a shared housing facility which is not a skilled facility. Mildred Gerber cannot walk on her own, get out of her wheelchair alone, get in or out of bed alone, and is sheltered in a shared bedroom with a single bed showed up against awall in an alcove space that has no windows and one has to go past her space of approximately 10'X10' to get to .the other resident. 19. On October 1,2002, PNC Bank without notice moved all of Mildred's personal possessions from her home of 34 years at 623 Hilltop Drive, New Cumberland, PA. DaveB rown, Denise Sollenberger, AJ Mendelsohn and another unidentified woman were present. Marilyn Gerber objected to this shocking move and called the local police as her personal possessions were also boxed up and stored with North American Van Lines. PNC Bank's legal bill to Mildred J Gerber's estate was $13,000 in September bringing her total legal expenses from PNC Bank to well over $25,000 for 2002. 20. Dave Brown of PNC Financial Advisors, PNC Bank, stated to Marilyn Gerber Mildred J Gerber has been essentially imprisonned in Illinois since December 25,2001. 26. Midlred J Gerber has testified to her attorney, Joseph Metz, her daughter, Marilyn Jo Gerber and her physicians that she wanted to stay in her home in New Cumberland and have her daughter care for her. 27. In July, 2002, Fred E Gerber, II filed a motion to terminate Marilyn Gerber's court ordered visitation. This Court denied this motion without a hearing. 28. Mildred Gerber's personal possessions can easily be retumed to her home as well as Marilyn Gerber's possessions within one day and unpacked within a day. 29. Mildred Gerber can be returned to her home in New Cumberland where she can receive skilled, 24 hour care by her daughter and LPN's, and Certified Nurses' Aides as she did in 2001. Only small improvements and alterations need be executed in order to make Mildred's home accomodating to her medical and physical needs. 30. PNC Bank has failed to submit a complete accounting for all of Mildred's caregiving expenses such as BETRA, Meritt Home Care Services, and Sunrise Assisted Living. PNC Bank has failed to submit her expense for her utilties, taxes, lawn and garden expenses, medical expenses,and charges paid out to her son, Fred E Gerber, II and Jane Heflin. 31. It is the opinion of this Petitioner that PNC Bank should do a cost analysis of all of Mildred J Gerber's expenses especially her caregiving expenses at each location she has lived at: 623 Hilltop Drive, New Cumberland, 270 Garfield, Lombard, Illinois at her daughter's,Jane Heflin, and now at Sunrise Assisted Living at 95 Carlton Avenue,G len Ellyn, I!linois. 32. Marilyn Gerber and her attorney, Stan Laskowski have repeatedly requested receipts, disbursements and expenses for the care of Mildred Gerber without any success from PNC Bank. WHEREFORE, Petitioner respectfully requests that this Honorable Court order a Citation to be issued pursuant to 20 Pa C.S.A., directed to PNC Bank, Financial Advisors, to do a cost analysis of homecare, versus institutional care to include expenses for the entire duration that they have been Guardian of Estate of Mildred J Gerber. MARILYN JO GERBER 42 Drexel Place New Cumberland, PA 17070 (717)503-5280 Date: