HomeMy WebLinkAbout01-06-03IN RE:ESTATE OF . IN THE COURT OF COMMON PLEAS
MILDER J. GERBER - CUMBERLAND COUNTY, PENNSLYVANIA
an Incapacitated Person ORPHANS' COURT DIVISION
NO. 21-01-92
CONCISE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL
And now comes, the Defendant/Respondent, Marilyn Jo Gerber, Pro-Se in
response to this Court, the Order of December 16,2002 by the Presiding Judge,
(~eorge E Hoffer, and complained of upon appeal pursuant to Pa. R.A.P. 1925.
I. On December 16, 2002, Judge George E Hoffer ordered a Hearing upon the
consideration of the Petition to Sell Real estate at private Sale Pursuant to 20 Pa.
C.S.A. 5521 (b) filed by PNC Bank,N.A., Guardian of the Estate of Mildred J Gerber.
At this hearing, on December 16,2002, the Court erred by refusing to allow the
Defendant/respondent to testify thus denying the Defendant/Respondent due process.
2. On December 16,2002, the Court erred by refusing to allow the Defendant/
Respondent to submit the testimony of witnesses known and identified as Mr. Phillip
Miller and the Defendant/Respondent herself when it was the Defendant/Respondent/s
turn to present her case and argument.
3. On December 16,2002, the Court erred by refusing to allow the
Defendant/Respondent to sUbmit specific documents in defense and support of her
opposition to the sale of the home of the ward,Mildred J Gerber. These documents
were known and identified as (a) a sworn affidavit of Millie Scott along with a copy
of a supoena served upon Millie Scott; (b) a statement by the Defendant, Marilyn
Jo Gerber, sworn in as statements of facts concerning the opposition of the sale of
the home of Mildred J Gerber; (c) signed "codicil" by Fred E Gerber,Sr.,the father of
the Defendant/Respondent and the husband of Mildred J Gerber;and (d) a sworn
statement by the Defendant?Respondent that the home at 623 Hilltop Drive, New
Cumberland, Pennslyvania was indeed awarded to the Defendant/Respondent as
first option to purchase such stated home along with Moines for which to purchase
such home.
4. On December 16,2002, the Court erred by refusing the Defendant/Respondent
to cross examine the following witnesses present in the Courtroom: (a) George
Clouser, (b) Frederick E Gerber, Il; (c) Dave Brown; (d) Mark Heckman in defense and
support of her opposition to the sale of the home of the ward, Mildred J Gerber.
5. On December 16,2002, the Court openly was undignified, impatient and
discourteous in violation of the Rules of Judicial Governance Rule 5 (3),(4).
6. On December 16,2002, George E Hoffer repeatedly asked the Plaintiff, Ms
A J Mendelsohn, counsel for the Plaintiff, PNC Bank and Marilyn Jo Gerber, Defendant
to "speak up". This Defendant a registered nurse in the State of Pennslyvania and
a advanced nurse specialist, questions the medical condition of this Presiding Judge
thus questioning with the greatest of respect whether this Judge actually and
completely hears in an auditory function the proceedings of this Court therefore
denying fair and full opportunity of the right to due process and the right of the
Defendant/Respondent her right to be heard and afforded her dght to argue.
7. On December 16,2002, the Court erred in approving the sale of the home of
Mildred J Gerber by failing to find that said sale was not necessary nor in her best
interests.
8. On December 16,2002, the Court erred in failing to determine that the sale was
not financially necessary of the home of the ward, Mildred J Gerber and failed to
consider other feasible and acceptable alternatives than the sale of the ward's home.
9. On December 16,2002, the Court erred in approving the sale of the home of
the ward, Mildred J Gerber, where two (2) prior requests for a Guardianship Review
hearing of the activities and actions of the Guardian, Frederick E Gerber,Il were
filed with this Court and were pending pursuant to Pa 20 C.S.A. section 55512.
10. On December 16,2002, this Court erred in approving the sale of the home of
the ward, Mildred J Gerber where three (3) Petitions were filed with this Court in
October (2) and one in November (1) known as: (a) MOtion to Request the Guardian
of Estate PNC Bank to Produce a Cost Analysis of Homecare of Mildred J Gerber in
her Home in New Cumberland and Car in Lombard Illinois and at Sunrise Assisted
Living in Glen Ellyn Illinois Including Ail Expenses; (b) Motion to Compel Trustee to
File an Account and A Status Conference to Determine Trustees Refusal to
Disburse Funds to Marilyn Jo Gerber; (c) Petition for Application for Stay of Sale of
Home; and (d) Petition to Cite Guardian of Estate, PNC Bank to file an Accounting of
Administration, an Accurate Inventory and an Accurate Annual Report.
11. On December 16,2002, this Court erred to consider that were the ward,
Mildred J Gerber were to return to Pennslyvania, her home would be the most
suitable and cost efficient and Trust and Estate sparing arrangement of her
needs.
Respectfully, .__ ~×~' _ ~
Marilyn Jo Gerber, Pro-Se
PMB 317
717 Market Street
Lemoyne, PA 17034
CERTIFICATE OF SERVICE
I HEREBY Certify that on the day of ,2003, a true and
correct copy of the Concise Statement of Matters Complained of an Appeal, was
served by means of United State mail, Ist Class Mail, postage prepaid, upon the
following people.
Judge George Hoffer
One Courthouse Square
Court of Cumberland County
Carlisle, PA given in person
Richard D Rupp, Esquire
355 North 21 st Street, Suite 205
Camp Hill,PA 17011
Jane Heflin
270 North Garfield
Lombard, Illinois 60148
Ms J A Mendelsohn,Esquire
Rhoades & Sinon
One South market Square
Harrisburg, PA 17108
Stanley Laskowski, Esquire
3631 North Front Street
Harrisburg, PA 17110