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HomeMy WebLinkAbout12-12-02 (2)IN RE: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA APPOINTMENT OF A GUARDIAN : OF THE PERSON OF : MILDRED J. GERBER, : ORPHANS COURT DIVISION an alleged incapacitated person, : : Petitioner. : NO. 21-01-92 PETITION TO VACATE ORDER AND FOR REVIEW HEARING 1. Petitioner is Marilyn Jo Gerber, daughter of incapacitated person, Mildred J. Gerber, in the above-captioned action, who has a residence at 42 Drexel Place, New Cumberland, Pennsylvania 17070. 2. Respondent is Frederick E. Gerber, II, currently Guardian over the person of Mildred J. Gerber in the above-referenced matter by Opinion and Order of the Court dated December 21, 2001. 3. By Order of Court dated December 21, 2002, Respondent was appointed plenary guardian of the person of Mildred J. Gerber. 4. On March 27, 2002, an Order of Court dated March 25, 2002 was entered directing that the personal guardian of Mildred J. Gerber was required to allow Petitioner to visit with her mother for four (4) continuous hours each week when Petitioner can arrange to be where her mother is located. 5. On July 9, 2002, Petitioner, Marilyn Jo Gerber, filed a Petition for Review Heating pursuant to the requirements of 20 Pa. C.S.A. § 5512.2 with regard, inter alia, to: visitations between Petitioner and her mother, Mildred J. Gerber; to require a report of the Guardian in 1 accordance with 20 Pa. C.S.A. § 5521 (c)(1)(i); directing regular reporting on a monthly basis with regard to Mildred J. Gerber by the Guardian; directing the return of Mildred J. Gerber to her home in New Cumberland under proper care and supervision by licensed nursing and medical personnel; directing a full and complete independent medical evaluation of Mildred J. Gerber; and the making of specific findings in accordance with 20 Pa. C.S.A. § 5512.1 (b) pertaining to the general care, maintenance and custody of Mildred J. Gerber. Said Petition is a pleading of record in this matter and is incorporated herein by reference. 6. By Order of Court dated July 12, 2002, said Petition for Review Hearing was deferred. A true and correct copy of said Order is attached hereto marked as Exhibit A and incorporated herein by reference. 7. 20 Pa. C.S.A § 5512.2(a) specifically provides that the Court may hold a review hearing at any time that it shall direct and that the Court "shall conduct a review hearing promptly if the incapacitated person, guardian or any interested party petitions the court for reason of a significant change in the person's capacity, a change in the need for guardianship services or the guardian's failure to perform his duties in accordance with the law or to act in the best interests of the incapacitated person." 8. The allegations and request for relief as set forth in the Petition for Review Hearing reference and substantiate facts, events and circumstances which have occurred subsequent to the appointment of Frederick E. Gerber as Guardian for Mildred J. Gerber on December 21,2001, and relate to the decisions, actions and exercise of authority by the Guardian subsequent to the appointment. 2 9. The matters alleged in the July 9, 2002 Petition for Review Heating are not a subject of the issues on appeal to the Pennsylvania Superior Court but constitute actions of the alleged Guardian post appointment supporting a significant change in the Mildred J. Gerber's capacity, a need for a change in guardianship services and a failure of Frederick E. Gerber to perform duties in accordance with his appointment and act in the best interests of Mildred J. Gerber. WHEREFORE, Petitioner, Marilyn Jo Gerber, respectfully requests that the Order dated July 12, 2002, be vacated, and a review hearing pursuant to 20 Pa. C.S.A. {}5512.2 be granted and scheduled on the Petition of July 9, 2002. REQUEST FOR REVIEW HEARING COUNT I 10. Petitioner incorporates herein by reference the allegations set forth in paragraphs 1 through 9, inclusive, the same as though set forth at length. 11. Since the Petition filed July 9, 2002, Petitioner has requested access visits with her mother, Mildred J. Gerber for the following additional dates: (a) July 5, 10, 17 and 26, 2002; (b) August 7, 14 and 21, 2002; (c) September 3, 4, 9, 16 and 23, 2002; (d) October 3 and 8, 2002. 12. The Guardian has continued in his failure or refusal to respond promptly to requests for visits, often not doing so until the eve ora requested visit or at times on the day of the visit. 13. Since the July 9, 2002 Petition, access visits were canceled, denied, ignored or not responded to for the following dates by the Guardian: 3 July 10 and 26, 2002; September 3 and 4, 2002; and October 8, 2002. 14. On or about December 21, 2001, Mildred J. Gerber was removed from her New Cumberland residence to reside with Jane Heflin, her daughter, in Lombard, Illinois; on or about September 1, 2002, Mildred J. Gerber was moved to the Sunrise of Glen Ellyn a/k/a Sunrise Assisted Living Facility, in Glen Ellyn, Illinois. 15. Mildred J. Gerber was only scheduled to visit her daughter in Chicago for the Christmas Holiday, {see, Answer to New Matter of Mildred J. Gerber); Mildred J. Gerber's only return to the Commonwealth of Pennsylvania was by flight on and about March 23, 2002, for a hearing before this Court as to access visitations. Mildred J. Gerber returned to Chicago the day after the heating was concluded and during her stay she did not return to her home in New Cumberland but was housed at a hotel in Carlisle, Pennsylvania. 16. The Guardian and Jane Heflin continued to refuse to allow any access visits with Mildred J. Gerber by Petitioner to occur at Jane Heflin's home, where Mildred J. Gerber resided; Guardian failed and refused to provide information to Petitioner regarding Mildred J. Gerber's activities at her adult daycare facility or other matters generally concerning Mildred J. Gerber's daily or weekly routine in order to facilitate visitation. 17. Until September 1, 2002, visitations with Mildred J. Gerber were permitted only to occur at the Embassy Suites, Lombard, Illinois, in a hotel room and at no other location. 18. The Guardian continued to demand that the following conditions be met regarding access visits: (a) Access visits were to occur only on Mondays, Wednesdays and Fridays; (b) Thirty (30) days advance notice of requested visitation dates; 4 (c) Access visits were conducted only at the Embassy Suites in Lombard, Illinois; (d) No Holiday visits be allowed; and (e) Access visitations were to be conducted only between 10:00 a.m. and 2:00 p.m. (CDT). 19. Guardian continued to refuse to allow Petitioner to accompany Mildred J. Gerber to any Alzheimer's activities, Adult Day Care center or any other activities, or otherwise even attend and observe such activities without Petitioner's participation. 20. Petitioner has continued to request that visits occur primarily between 1:00 p.m. and 5:00 p.m. (CDT) on dates when Petitioner can accommodate her work schedule. 21. Petitioner remains willing to support, attend and assist in any of the daily activities of Mildred J. Gerber during visitations. 22. Petitioner continues her employment as a per diem nurse, engaged on varying eight or twelve hour shifts, including evenings, weekends and nights; Petitioner receives less than two (2) weeks notice of scheduled work shifts; Petitioner often still works a five (5) day per week schedule allowing limited interim time for travel; the Guardian's imposition of a 10:00 a.m. (CDT) visit was unreasonable and excessively physically demanding on Petitioner. 23. Petitioner, at her sole expense, has arranged single day travel to Chicago for purposes of conducting the visitation with her mother in accordance with the Court Order of March 25, 2002. 24. As a result of Guardian's scheduling requirements and the accommodations imposed by the Guardian at the location of each visit, all visitations prior to September 1, 2002, were terminated less than the four (4) hours as directed by the Court in its Order of March 25, 2002, except for August 14 and August 21, 2002; remaining visitations varied in length from two (2) to two and one-half (2 ½) or three (3) hours in duration. 25. After the July 9, 2002 Petition, visitations with Mildred J. Gerber were confined to a small Embassy Suites Hotel room, personally supervised by the presence of Jane Heflin and a private social worker or long-term care managers, Warren and Sanders of Glen Ellyn, Illinois, engaged by the Guardian. 26. Jane Heflin, who has attended and/or supervised the visitations, continued to exhibit hostile, negative and derogatory comments about and toward Marilyn Gerber concerning the visitations, and she encouraged, created or agitated verbal and physical conflict with Petitioner, conducted personal business during and to the disruption of the visits, and provoked early termination of visits all in the presence of Mildred J. Gerber and contrary to her best interests, resulting in unnecessary and undue agitation, influence and confusion to Mildred J. Gerber. 27. Petitioner requested and Guardian has failed or refused to comply and allow that visitations include activities such as walks with her mother either in the Hotel or outside other locations (weather permitting); shopping for clothes, or other items; visits at the Adult Day Care Center or any other place enjoyed or frequented by Mildred J. Gerber; and visits at Jane Heflin's home; however, all such requests have been refused. 28. The visitation requirements imposed by the Guardian and the confinement to a hotel room, created an oppressive, strange, disorienting, isolated and impersonal environment contrary to the best interests of Mildred J. Gerber, but serve to create anxiety, frustration, agitation and interference with the development of a meaningful, personal visit and interaction by the Petitioner with her mother, contrary to the best interests and the physical condition of Mildred J. Gerber. 6 29. On or about September 6, 2002, Petitioner was informed that the requested visit for September 9, 2002, would occur at a new location: Sunrise Assisted Living at 95 Carleton Avenue, Glen Ellyn, Illinois (hereafter "Sunrise"), from 1:00 p.m. to 5:00 p.m (CDT); the visitation was attended by Joan Jackson, who was engaged by the Guardian. Representatives of the facility, upon information and belief, called local police for purposes of removing Petitioner from the premises. 30. On or about September 13, 2002, counsel for the Guardian communicated that the visitation on September 16, 2002 would again occur at the Embassy Suites and not at Sunrise. (See letter of counsel attached hereto marked as Exhibit "B".) 31. On or about September 15, 2002, Petitioner communicated with the Guardian and his counsel advising that it was unsafe to remove Mildred J. Gerber to the Embassy Suites Hotel, and as a result of the actions of the Guardian and counsel, Petitioner could not participate in such a detrimental activity and Petitioner was entitled, according to the March 25, 2002 Order of Court, to see her mother where she was located at Sunrise. 32. The Guardian failed and refused to make Mildred J. Gerber available on September 16, 2002, at Sunrise. 33. On September 18, 2002, Petitioner engaged counsel John O'Halloran, Esquire, of Chicago, Illinois, this Court's Order of March 25, 2002, was entered in DuPage County, Illinois for purposes of enforcement and affording said Order full faith and credit. 34. On September 23, 2002, Petitioner arranged to travel to Chicago to Sunrise to visit with her mother; the Guardian and Sunrise endeavored to initiate criminal trespass charges against Petitioner for purposes of removing her from the facility and precluding visitation with her mother; Mildred J. Gerber was secluded from Petitioner and in a private room. Personnel of Sunrise in 7 conjunction with the Guardian were hostile, harassive and confrontational towards Petitioner, endeavored to conclude the visitation and at times conducted such actions in the presence of Mildred J. Gerber. 35. On October 1, 2002, household goods, personal property of Mildred J. Gerber and Petitioner, furniture and other effects of Mildred J. Gerber were removed from her New Cumberland residence by a moving company and upon information and belief were placed into storage. 36. On October 3, 2002, Petitioner again arranged to visit her mother at Sunrise and upon arrival, law enforcement authorities were summoned by Sunrise, individually, or upon information and belief upon instruction of the Guardian, in an effort to remove Petitioner from the property and preclude visitation with her mother. 37. As a result of the actions of Guardian, Frederick E. Gerber, Jane Herin and Sunrise and a motion for enforcement of this Court's Order of March 25, 2002, in DuPage County, Illinois, an Order was entered October 11, 2002, directing that Petitioner receive four (4) continuous hours of visitation each week without any restrictions, interference or supervision. A true and correct copy of said Order is attached hereto as Exhibit "C". 38. Respectfully on the contrary to the Order of this Honorable Court dated July 12, 2002, appeal was not taken by Petitioner, Mildred J. Gerber, with respect to the visitation Order of March 25, 2002. 39. As noted in the Order of this Court dated July 29, 2002 denying the motion of Guardian, Frederick E. Gerber, for termination of visitation by Petitioner, this Court noted that visitation was limited due to the tensions and interaction which existed between Petitioner and her sister and the Guardian. 40. As Mildred J. Gerber is now residing in an assisted living facility under the supervision of Sunrise of Glen Ellyn, no basis exists for the presence of the Guardian, her sister or other personnel during such visitations; and accordingly, limitation of visitation by Petitioner with her mother to four (4) hours per week is not reasonable or justified. 41. Based upon the substantially similar concerns and grounds as the Guardian's Motion for Temporary Suspension of Access Visits with Incapacitated Person filed July 24, 2002 and denied by order of this Court dated July 29, 2002. The guardian has procured an ex parte Order from the State of Illinois, Circuit Court for the Eighth Judicial Circuit dated October 29, 2002, terminating visitations for an eight week period, pending further hearing. A true and correct copy of said Order is attached as Exhibit D. 42. Efforts are being taken by petitioner through her Illinois legal counsel to vacate the October 29, 2002 Order which was procedurally and substantially granted improvidently. 43. The Guardian has continued a course of conduct to hinder, delay and deny access by Petitioner with her mother. 44. As a result of the foregoing, the Guardian has failed to fulfill or perform his duties in accordance with the Order of Court dated March 25, 2002, his appointment plenary Guardian by prior Order of Court on December 21,2001 and thereby act in the best interests of incapacitated Mildred J. Gerber. WHEREFORE, Petitioner respectfully requests that this Honorable Court: A. Order an immediate Review Hearing pursuant to the requirements of 20 Pa. C.S.A. § 5512.2 with respect to the visitations and allow unrestricted visitations without limitation to a period of four (4) hours per week currently allocated to Petitioner, Marilyn Jo Gerber. 9 B. Direct a finding of contempt of the Guardian for non-compliance with the Order of Court dated March 25, 2002. COUNT II 45. Petitioner incorporates herein by reference the allegations set forth in paragraphs 1 through 44, the same as though set forth at length. 46. Mildred J. Gerber's removal from her home in New Cumberland and the Commonwealth of Pennsylvania now exceeds eleven (11) months, isolating her from contact with her friends, neighbors, church and New Cumberland community and primary home for thirty- four (34) years. 47. Mildred J. Gerber was taken from her home in New Cumberland without her knowledge that she would not return after December 21,2001. 48. The Guardian and Jane Heflin have requested only non-skilled care providers for Mildred J. Gerber while residing in Jane Heflin's home in Lombard, Illinois, and no records have been kept by the care providers regarding care or services rendered to Mildred J. Gerber. 49. Joan Jackson of Warren and Sanders is expected to report that Mildred J. Gerber was located in a small room on the first floor of Jane Heflin's home; a single bed was placed into this home where the homemaker engaged by the Guardian and/or Jane Herin slept; and the homemakers were present in twelve (12) hour shifts on a twenty-four (24) hour basis per day. 50. At all times relevant and material hereto, Jane Herin was employed requiring frequent travel to New York and/or other locations; Ms. Herin was frequently absent from her home leaving Mildred J. Gerber only under non-skilled homemaker care from Men'itt Home Care Services, 10 who provided no nursing services, were not qualified to administer medications and had no training in nutrition, care or treatment of Alzheimer patients, or patients with conditions comparable to that of Mildred J. Gerber. 51. At Ms. Heflin's home, Mrs. Gerber's homemakers were unsupervised, without medical training or basic CPR certifications, not licensed, or trained in the care of Alzheimer patients, especially dealing with nutrition, bathing, daily activities, exercise, physical therapy, occupational therapy, or other treatments, including the recognition of signs of medical distress or need for medical care whether routine or on an emergency basis. 52. The Guardian has not been available regularly to visit with or attend to Mildred J. Gerber on weekends or at other times due to deployment from his military duties, the Guardian has had little, if any, personal contact with Mildred J. Gerber in Chicago, but continues to serve as a director of Health Care Operations for the U. S. Army, Office of the U. S. Surgeon General, which duties continue to require him to be frequently outside of his Virginia residence, Pennsylvania and Illinois at times for extended periods. 53. The Guardian's activities and duties continue to preclude communication with Petitioner and the Guardian continues to fail and/or refuses to communicate with Petitioner about any matters. 54. Ms. Heflin's home was one-third (1/3) less in size in area than the home previously occupied life-long by Mildred J. Gerber in New Cumberland. Mildred J. Gerber was confined to a limited living area with a single bed in a small room and she did not have her personal property, furniture and possessions to orient and remind her of her family and home in New Cumberland. Mildred J. Gerber's New Cumberland home on the contrary, contained five (5) bedrooms, spacious 11 rooms, multi-levels which Mildred J. Gerber could navigate, contains a garden, private patio, safe, quiet and serene natural surrounding, and a community of neighbors with whom Mildred J. Gerber has resided and known for thirty-four (34) years. 55. Mildred J. Gerber's New Cumberland home is presently available to accommodate her and her Estate, upon information and belief, has sufficient assets to provide for her daily care needs at this home, under proper licensed medical and care supervision; in addition, Petitioner remains willing and available to provide care and assistance to her mother at this location without charge. On or about April 15, 2002, PNC Bank, Guardian of the Estate of Mildred J. Gerber, advised Petitioner that Mildred J. Gerber's Estate had funds sufficient to sustain her for an estimated period of ten (10) years and that continued care in Chicago as previously engaged by the Guardian was resulting in additional expense. 56. On or about July 26, 2002, Petitioner observed that Mildred J. Gerber was walking hunched-over and with substantial difficulty; Petitioner observed that Mildred J. Gerber's lungs were coarse and rattling, her temporal mandibular joint was contracting at approximately 80 beats per minute ("TMJ"), her ears were blocked with wax on both sides, she was not wearing her surgical corset of fifty-five (55) years, and Mildred J. Gerber remarked that she was experiencing pain in her back. 57. On August 7, 2002, Petitioner observed that Mildred J. Gerber was in a wheelchair while at the restaurant at the Embassy Suites Hotel in Lombard, Illinois, was taken which wheel chair had no special seat which she required, such wheelchair was not her original wheelchair purchased in October, 2000 for use in New Cumberland, Pennsylvania. Petitioner further observed that Mildred J. Gerber's left toe was blackened and necrotic; her feet were unkempt and unclean; her 12 ankles bilaterally were swollen and edematous. Petitioner pointed-out these conditions to Joan Jackson of Warren and Sanders, who was present, and Mildred J. Gerber has not received treatment for improvement of these conditions. 58. On August 14, 2002, during a visitation, Petitioner observed that Mildred J. Gerber was not wearing shoes, but cut-away stocking or net socks and loose slippers with open toes; Mildred J. Gerber's TMJ was contracting at 60-80 times per minute, her lungs remained coarse, and she experienced significant mucous in her mouth and saliva due to the TMJ contractions; Mildred J. Gerber was extremely frail, thin and would not eat. 59. On August 26, 2002, a visitation was conducted partially undisturbed and partially without interference from Jane Heffiin or the social workers and Petitioner observed Mildred J. Gerber to be responsive and interactive with her expressing affection and desirous of communicating with her. Upon the appearance and interjection of Jane Heflin, being openly hostile toward Petitioner in front of Mildred J. Gerber, Mildred J. Gerber's condition resorted to frustration, confusion and agitation. 60. On September 9, 2002, Petitioner found and observed: Mildred J. Gerber at Sunrise to be materially medicated, wheelchair bound, unable to work or make her needs known or to call out to anyone for assistance; Mildred J. Gerber's living accommodations consisted of a small room; living accommodations consisted of a small area with a single bed without side rails, no windows, no sitting chair in an area of approximately forty (40) square feet; Mildred J. Gerber to be without her clothes, glasses, furniture, personal mattress for proper back support, her personal walker fitted to her height and size, personal possessions, keepsakes or other property from her New Cumberland residence. 13 61. On September 9, 2002, Petitioner further observed that Mildred J. Gerber had experienced a right heel wound which was bandaged and wrapped requiring additional treatment. Mildred J. Gerber was without appropriate footwear for her right heel to allow proper wound healing. Petitioner observed that Mildred J. Gerber's ankles were swollen; she was experiencing pain; her lungs continued to be bilaterally coarse and she experienced TMJ contractions at approximately 80 beats per minute; and she was in the early stages of decubitus with bed sores on her lower back and buttocks. Petitioner has reported this to Sunrise. 62. On September 23, 2002, Petitioner again observed a continuation of Mildred J. Gerber's deteriorating medical condition including lefl blacked toe, right heal wound, increased coarse lung sounds, large amounts of mucus which had to be physically extracted a lack of fluids being given, a lack of assistance for change of position or toileting every two (2) hours. 63. Mildred J. Gerber has difficulty walking, has a need for physical and occupational therapy, dressing changes, sterile care of wounds, lung problems. Sunrise does not have adequate personnel to treat and address the medical conditions of Mildred J. Gerber, does not have properly licensed, registered nursing care on duty to recognize and provide treatment or make appropriate nursing diagnosis, prepare nursing care plans or make nursing medical decisions with regard to Mildred J. Gerber's condition. 64. Mildred J. Gerber's physical condition continues to deteriorate, inclusive of weight loss and lack of nutrition; as a result of Mildred J. Gerber's current environment, she is susceptible to further communicable diseases such as community-acquired pneumonia, influenza or tuberculosis. 65. Upon information and belief, a full and complete medical evaluation has not been completed of Mildred J. Gerber. 14 66. As the result of the foregoing, the Guardian has failed to fulfill and perform his duties in accordance with the Order of Court dated December 21, 2001 and March 25, 2002, in his appointment as the plenary Guardian and act in the best interests of Mildred J. Gerber. WHEREFORE, Petitioner respectfully requests this Honorable Court to order in accordance with 20 Pa. C.S.A. § 5512.2 a review hearing and issue an order: A. Directing an immediate detailed report of the Guardian in accordance with 20 Pa. C.S.A. § 5521(c)(1)(i); B. Directing regular detailed reporting on a monthly basis in accordance with 20 Pa. C.S.A. § 5521 (c)(1)(ii) with regard to incapacitated persons physical and medical condition; C. Directing the return of Mildred J. Gerber to New Cumberland, under proper care and supervision at her home by licensed nursing or medical personnel and allowing additional visitation and direct care by Petitioner to Mildred J. Gerber. D. Directing a full and complete independent medical evaluation of Mildred J. Gerber and production of all medical, care giver and treatment records for Mildred J. Gerber. E. Making specific findings in accordance with 20 Pa. C.S.A. § 5512.1(b), pertaining to the general care, maintenance and custody of Mildred J. Gerber, designating the place for Mildred J. Gerber to live and directing that Mildred J. Gerber receive such training, education, medical and psychological services and social and vocational opportunities as appropriate to assist her in the development of maximum self-reliance and independence; 15 F. Such other relief as may be just or proper including the removal of Fred E. Gerber, II as his appointment as Guardian over the person of Mildred J. Gerber. Respectfully submitted, C~.J~W~LL & K_EARNS Stanley J.A.jrt~skowski' Esquire Attorney ID# 37422 3631 North Front Street Harrisburg, PA 17110-1533 Dated: /2 -/~2~ 2~ (717) 232-7661 01-601/47383 Attorney for Petitioner, Marilyn J. Gerber 16 VERIFICATION I, Marilyn Jo Gerber, verify that the averments in the foregoing Petition are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. CERTIFICATE OF SERVICE AND NOW, this //~ -ri_. day of'~e O,~t-',-~, 2002, I hereby certify that I have served a copy of the within document on the following by depositing a tree and correct copy of the same in the U.S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Richard C. Rupp, Esquire Rupp and Meikle 355 North 21st Street, Suite 205 Camp Hill, PA 17011 Amy J. Mendelsohn, Esquire Rhoads & Sinon One South Market Square, 12th Floor P. O. Box 1146 Harrisburg, PA 17108-1146 Jacqueline M. Vemey, Esquire 44 South Hanover Street Carlisle, PA 17013 Jane N. Heflin 270 North Garfield Lombard, IL 60148 CALDWELL & KEARNS Marilyn Jo Gerber 42 Drexel Place New Cumberland, PA 17070 (717) 503-5280 December 9, 2002 The Honorable George E. Hoffer President Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: First and Final Account for the Revocable Trust of Fred E Gerber, II,Successor Trustee established by Mildred J Gerber on December 19,1997 and amended on August 2,1999 and January 25,2001 and First and Partial Account for the Revocable Trust of Fred E Gerber, Il, Successor Trustee established by Fred E Gerber, Sr. on July 29,1994 Dear Judge Hoffer: On November 27,2002, I representing myself PRO-SE, Ms AJ Mendelsohn of Rhoades and Sinon representing the Guardian of Estate of Mildred J Gerber and Richard Rupp representing the Guardian of Person of Mildred J Gerber were present in your Courtroom for a status conference hearing. I want to state for the record that the Guardian of Estate, Dave Brown of PNC Bank was not present as Guardian at this hearing, nor was the Guardian of Person for Mildred J Gerber, Fred E Gerber, Il. I wish to state for the record that counsel for either of the Guardians are only counsel and by state law cannot act as Guardians as Guardianship is not transferrable. I was present, as was PNC Bank on November 27,2002, to discuss our objections to the absence of accounting from the Trustee, Fred E Gerber, II for the above captioned Trusts of Mildred J Gerber and Fred E Gerber, Sr. In my objections dated August 27,2002, I pointed out that Fred E Gerber, Il, the Trustee had failed to comply with the order of this Court to provide accounting for all years, especially his conspicuously absent accounting for 2002. This order was signed by yourself on June 7,2002, a copy of which is included. It was PNC Bank who drafted the Petition to Cite Trustee to File an Account of Administration on May 31,2002 for both of the Trusts. It was this Court that signed these petitions on June 7,2002. Fred E Gerber, il was to submit ALL YEARS up to date on July 8,2002. On July 8,2002, Fred E Gerber, II submitted only partial accounting for both Trusts and NOTHING from the year 2002. When your Honor ruled on November 27,2002, that an AUDIT would be done on both of the Trusts, you asked who would draft up the order. Richard Rupp yelled out, that he would do this. On December 5,2002, I received a copy of this order which I am assuming that Richard Rupp drafted and which this Court signed on December 4,2002. A copy is submitted for your examination. I find this Order written by Richard Rupp incomplete and invalid as it attempts to narrowly restrict the time period of the Trusts and does not include 2002. It is now December 9,2002 and it should be assumed that Fred E Gerber, II would have performed his monthly accounting of the Fred E Gerber,Sr. Trust as an accountable Trustee. Therefore, I am submitting to you a REWRITTEN order for both of the two Trusts as we agreed on November 27,2002 and as was ordered on June 7,2002 as was petitioned by PNC Bank on May 31,2002. We all agreed that Mr. William A Duncan, Esquire shall be the attorney for the AUDIT and that he and any accounting or CPA appointed would have any relationship with either PNC Advisors, Richard and Herbert Rupp, Lindsay Baird, Jacqueline Verney or Fred E Gerber, II or myself. My father's date of death was February 22,1998 and therefore, it is my expectation that all the accounting shall be accounted for by Fred E Gerber, Il, the Trustee from the date of his death until the present. Mari~yn Jg'Ge.~rber PRO-SE cc: Amy J Mendelsohn Richard Rupp Lindsay Baird Jane Heflin 2 Marilyn Jo Gerber 42 Drexel Place New Cumberland, PA 17070 (717)503-5280 October 7,2002 The Honorable George E. Hoffer President Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: First and Final Account for the Revocable Trust of Fred E. Gerber, I lSuccessor-Trustee established by Mildred J Gerber on December 19,1997 and amended on August 2,1999 and January 25,2001 and First and Partial Account for the Revocable Trust of Fred E Gerber, Il,Successor-Trustee established by Fred E Gerber,Sr. on July 29,1994 Dear Judge Hoffer: I have reviewed theletter from Richard Rupp, Esquire dated August 27,2002 which requested a 45 day waiting period before appointing an Auditor in order to attempt to "amicably" work out the issues which were raised through the filing of Objections by PNC Bank and myself regarding the incomplete accounting by the former Trustee, Fred E Gerber, II. On September 30,2002, I filed a request with the Court for a status conference with respect to the Accounts filed-~'~e FrUSt~ to both I rusts. This request for a status c'~-ference was done as I had received no correspondence or telephone conversations by Richard Rupp during the time between August 27 and September 30,2002 to attempt to amiccably work out the issues. I also have no knowledge from PNC Bank or Ms AJ Mendelsohn that Richard Rupp has attempted to amicably work out the issued of both Trusts. I must also state that historically that Richard Rupp has refused to correspond or take my telephone calls or meet with me despite that I am on record with this Court as PRO-SE. I have also reviewed the most recent letter from Richard Rupp, Esquire dated October 4,2002 which he states that he met with Fred E Gerber, II on October 1,2002, and he continues to request additional time to produce another version of accounting which he refers to as an Amended and Restataed Account for each of the above Trusts. Mr Rupp additionally requests that this Court accepts his proposal and give his client until October 21,2002 to produce these Amended Accountings. I respectfully request of this Court that Mr Rupp's request be denied. The law firm of Herber Rupp and Richard Rupp has promised to provide accounting since January 15,1999 for the Trust of Fred E Gerber, Sr. The law firm of Lindsay Baird, Esquire has promised a former attorney, Michael Kane (who is no longer in private practice) since February 2001, accounting for the Trust of Fred E Gerber, Sr. Herbert Rupp also assisted Lindsay Baird, Esquire for the accounting in 2001 which only resulted in partial and sketchy accounting. Mr Rupp also promised the attorneys for PNC Bank since March 23,2002 the accounting for the Trust of Mildred J Gerber. The law firm of Rhoads & Sinon, through the counsel of Ms A.J. Mendelsohn for PNC Bank has repeatly requested accounting from Fred E Gerber, Il, for the Mildred J Gerber Trust. Finally after six months of requesting that Fred E Gerber, II remove himself as Trustee and Successor Trustee of the Milred J Gerber Revocable Trust, AJ Mendelsohn and PNC Bank had to remove him through this Court on October 3,2001. After repeated attempts to secure a full accounting of the Mildred J Gerber Trust from Fred E Gerber, II, PNC Bank and AJ Mendelsohn filed a Petition to Cite Trustee to file an Account of Administration which was granted by this Court on June 7,2002. Fred E Gerber, II was given until July 8,2002 to provide a full accounting of both Trusts along with all receipts, disbursements and distributions of the Trust. On July 8,2002, Fred E Gerber, II filed a First Final Account of the Mildred J Gerber Trust and on July 8,2002, Fred E Gerber, II filed a First and Partial Account of the Fred E Gerber, Sr. Trust. On July 31,2002, FredE Gerber, Ii filed an Amended and Supplement to First and Final Account of the Mildred J Gerber Trust. On August 27,2002, PNC Bank and myself filed Exceptions to the accounting by Fred E Gerber, II which only accounted for accounting from 1998 until 2001. All accounting for 2002 up to the present time of July 8,2002, was missing despite that this Court ordered all accounting to be produced by July 8,2002. In summary, Fred E Gerber, II as Trustee for both Trusts of his parents has had the fiduciary responsibility of managing and administrating these Trusts which includes keeping timely and accurate records for each year since 1998. It is inappropriate for Fred E Gerber, Ii to request for additional time at this stage. PNC Bank and myself have filed Exceptions which included requests for surcharge of Fred E Gerber, II for sizeable amounts of distributions and disbursements improperly paid from the Trusts as set forth in the Objections. I asked for an Audit in addition to full asset searches in my Objections to both Trusts. I also respectfully respect full discovery. The law firm of Herbert Rupp and Richard Rupp started in 1994 representing my father, Fred E Gerber, Sr. In 1997, this firm also represented my father and mother. In 1998, the Rupps also represented my mother for the estate of Fred E Gerber, SA The Rupps also rewrote the Trust of Mildred J Gerber twice, once in 1999 and again in 2001. In February 2001, the Rupps recused themselves from representing themselves for the Trust of Fred E Gerber, Sr and Mildred J Gerber Trust due to the fact that they were also were representing Fred E Gerber, II in a personal law suit against me which was filed in 1999. They state that they wanted to avoid any inpropriety and conflict of interest. The Rupps go on to state that Lindsay Baird would represent all matters for the Fred E Gerber, Sr. Trust. Lindsay Baird has also confirmed that she represents the Trustee, Fred E Gerber, II for all matters of the Fred E Gerber, Sr. Trust and the Trustee, Fred E Gerber, II. At this junction of Richard Rupp's letter of October 4,2002, requesting essentially another continuace of time until October 21,2002 in order to save the parties' and the Court's valuable time with respect to these Trusts is another stall for time as has been the case for 4 years and 7 months. I am therefore requesting that this Court order an Audit of both Trusts and if this Court is in agreement, I am prepared to forgo a status conference which would have to occur before October 11,2002 to keep with Mr Rupp's request for a 45 day waiting period. If this Court is not prepared to order an Audit, I then respectfully request for an immediate status conference and strongly object to any continuance of time until October 21,2002 which I feel will only produce an impartial and sketchy accounting. It is my belief that Fred E Gerber, II is avoiding an audit at all costs and wasting this Court's valuable time as well as the extraordinary financial costs to my mother and father's Trust accounts, not to speak of the multiple attorneys fees charged to my parents' Trusts as well as PNC Bank's fees charged to my parents Trusts. Yours sincerely, Madlyn do Gerber PRO-SE cc: Amy J Mendelsohn, Esquire, Attorney for PNC Bank Ms Jane Heflin Richard Rupp, Esquire, Attorney for Trustee Lindsay Baird, Esquire, Attorney for Trustee