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HomeMy WebLinkAbout06-10-03 (2) IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS MILD RED J. GERBER CUMBERLAND COUNTY PENNSYLVANIA TRUST UNDER AGREEMENT ORPHANS' COURT DIVISION dated December 19,1997, and NO. 21-2002-01~ amended on August 2,1999,and I~]0 ~. ~-C,~?...- ~ January 25,2001. IN RE: ESTATE OF IN THE COURT OF COMMON PLEA FRED E. GERBER,SR TRUST CUMBERLAND COUNTY PENNSLYVANIA UNDER AGREEMENT, dated ORPHANS'COURT DIVISION July29,1994 No, 21-1998-019 5 THE ESTATE OF MILDRED JANE GERBER, deceased January 14,2003 MOTION TO FREEZE THE MILDRED JANE GERBER TRUST, THE FRED E. GERBER, SR. TRUST AND MILDRED JANE GERBER ESTATE AND NOW, Plaintiff, Marilyn Jo Gerber, is the eldest child and the first daughter of Mildred J. Gerber, deceased on January 14,2003 in Glen Ellyn, Illinois. Mildred J. Gerber was interned at Indiantown Gap Military Cemetery on January 17,2003. I. Marilyn Jo Gerber is the first child and first daughter of Mildred Jane Gerber. 2. Marilyn Jo Gerber is a full beneficiary of the Revocable Trust of Mildred Jane Gerber originally dated on December 17,1997. 3. Marilyn Jo Gerber was the sole primary caregiver for Mildred Jane Gerber from 1996 until January 13,2001. 4. Marilyn Jo Gerber lived in the family residence of Mildred Jane Gerber from 1996 until January 13,2001. 5. On January 13, 2001, Jane Noel Gerber Heflin, the third child and second daughter of Mildred Jane Gerber and Frederick E Gerber, II, the second child and first son of Mildred Jane Gerber came to the residence of Mildred Jane Gerber and took hostage control of Mildred Jane Gerber. 6. From January 13,2001 until April 2002, Marilyn Jo Gerber was denied access to her beloved Mother, Mildred Jane Gerber by Frederick E. Gerber, I !. 7. From January 13,2001, Mildred Jane Gerber was denied access to her friends, her community, her regular restaurants, and her physicians and regular therapists by her son, Frederick E. Gerber, Il. 8. On January 6, 2001, Mildred Jane Gerber was pressured by her son, Frederick E. Gerber, II to terminate the services of her attorney, Joseph Metz of Harrisburg, Pennsylvania. 9. On or about November 4,2000, Mildred Jane Gerber with her attorney, Joseph Metz and Marilyn Jo Gerber, with her attorney Michael Kane, filed a petition to ask for a full accounting of the Trust of Mildred Jane Gerber. Michael Kane had asked earlier in the year for a full accounting of the Fred E Gerber, Sr. Revocable Trust. On December 26,2000, Mildred Jane Gerber signed a Revocation of all Trusteeships and Powers of Attorney removing Frederick E Gerber, II from all positions of Executorship and Trusteeships. 10. Upon the death of Colonel Fred E. Gerber,Sr. on February 22,1998, Mildred Jane Gerber was left as executor of the estate of her husband. One day after the internment of Colonel Fred E Gerber on February 25,1998,Sr., Frederick E Gerber, II pressured Mildred Jane Gerber to sign over to him the responsibilities as successor executor of the estate of Colonel Fred E Gerber,Sr. 11. On January 16,1999, Herbert Rupp assured Marilyn Jo Gerber that a full accounting would be completed. To this date, five years and 5 months later, there is no complete accounting of: the estate of Fred E. Gerber, Sr or the two Trusts, I) Revocable Trust of Mildred J. Gerber established on December 19,1997 and the Fred E Gerber, Sr. Trust established on July 29,1994. 12. Marilyn Jo Gerber, engaged the services of Michael Kane in February 2000 for the purposes of accessing the Fred E Gerber,Sr. Trust of which she was a full beneficiary. Despite Judge Oler ordering accounting in July 2000, the accounting remained limited and partial. To this date, there is an unheard motion in the Honorable Judge Oler's Court. 13. Despite numerous telephone calls and letters, Frederick E Gerber, Il has refused to offer any accounting on the Fred E Gerber, Sr. Trust or the Revocable Trust of Mildred Jane Gerber, established on December 19,1997. 14. On January 19,2001, Marilyn Jo Gerber received a letter from a new alleged attorney, Ms Jacqueline Verney, for Mildred Jane Gerber ordering her to stay away from Mildred Jane Gerber and not to come to the family residence of 623 Hilltop Drive, New Cumberland, Pennsylvania. 15. From September 1999 until January 13,2001, Marilyn Jo Gerber lived full time with Mildred Jane Gerber providing full time caregiving and nursing services. This residence has also been the family home of Marilyn Jo Gerber since the summer of 1968. 16. Marilyn Jo Gerber has three floors of personal property since early childhood in the family home at 623 Hilltop Drive, New Cumberland, Pennsylvania as well as current property as well as business property since 1996 as well as inherited property from her Aunt's estate, Florence Gerber Cappe which was brought to her parents home in 1997 at 623 at Hilltop Drive, New Cumberland, Pennsylvania. 17. Frederick E Gerber, Il filed for an Emergency Guardianship of Estate in Cumberland County Orphans' Court on February 1,2001 alleging that Mildred Jane Gerber was an incapacitated person and unable to make financial decisions for herself. 18. The Cumberland County Court, by the Honorable Judge Edgar Bayley granted the Emergency Guardianship of Person to Frederick E Gerber, I! on February 1,2001. 19. On January 25,2001, Frederick E Gerber, II harassed and intimidated Mildred J Gerber into signing a NEW VERSION, actually a third version of her Revocable Trust that was originally created on December 17,1997. 20. If Mildred Jane Gerber was acknowledged on February I ,2001 as being incapacitated and requiring a Guardian of Estate, then this Petitioner has to ask this Court to see the veiled attempt to rewrite a Revocable Trust which essentially removes Marilyn Jo Gerber from all assets and benefits as a beneficiary. 21. In the third version of the Mildred Jane Gerber Revocable Trust stated and signed on January 25,2001, it states that," Marilyn Jo Gerber had obtained $185,000 from Mildred Jane Gerber in the six months, MILDRED J. GERBER wishes to revise her Trust by taking into account the said $185,000, so that the equal division among her children will be maintained.". However, there was no supporting evidence that Marilyn Jo Gerber had received this extraordinary sum of $185,000 in the past six months which would be from July 2000 until January 2001. 22. On January 17, 2001, Frederick E Gerber, II signed a Statement of Frederick E. Gerber, Il, proposed Guardian of the Estate of Mildred J. Gerber. This signed document was included in the February 1,2001 Emergency Petition for Guardianship of Person. It is clear that this was a calculated plan by Frederick E Gerber and Richard Rupp. It must be stated that Mildred Jane Gerber made it clear to Frederick E. Gerber on November 1,1999, that she wanted NOTHING TO DO WITH THE FIRM OF RUPP & MEIKLE and stated this verbally to Mr. Herbert Rupp in November 1999. Mildred Jane Gerber also stated on numerous occasions to this Petitioner that she felt that the Herbert and Richard Rupp were taking advantage of her. 23. On January 19,2001, Frederick E. Gerber, II intimated and harassed Mildred Jane Gerber to sign a Durable Power of Attorney document essentially giving Frederick E Gerber complete power over Mildred Jane Gerber. 24. In the Petition for Appointment of a Guardian of the Estate in Accordance with 20 PA C.S.A. 5511, dated February 1,2001, Frederick E Gerber, II states that due to Mildred Jane Gerber's mental condition, the alleged incapacitated person is unable to manage her property, lost her property and is liable to become the victim of designing persons. This Petitioner has to ask of this Court HOW Mildred Jane Gerber if she was incapacitated and with a mental condition could sign a third version of her Revocable Trust on January 25,2001 ? This document has to be suspect as well as the intentions of Frederick E. Gerber, II in regards to Marilyn Jo Gerber. This Petitioner states to this Court that this is an illegal attempt to EXCLUDE Marilyn Jo Gerber from any inheritance. 25. In the Petition for Appointment of a Guardian of the Estate in Accordance with 20 PA C.S.A. 5511, dated February 1,2002, Frederick E Gerber, II states on page three,(3), that Marilyn Jo Gerber had removed $52,658 from a checking account of Mildred Jane Gerber and approximately $9,000 from a PNC money market account, and approximately $13,300 from Mildred Jane Gerber's credit card. This totals to approximately $74,958. This Petitioner asks this Court to question as to where the Executor, Frederick E. Gerber knows where the $110,000 was taken from? 26. At the date of February 1,2001, Frederick E. Gerber, II had refused to provide any accounting for the Mildred Jane Gerber Trust or the Fred E. Gerber,Sr. Trust despite numerous requests from Marilyn Jo Gerber and the November 2000 motion to petition the Court to order accounting of the Trust. 27. Frederick E. Gerber, II in his Petition for Guardian of Estate of Mildred Jane Gerber made false statements such as on page five, (5), he states in # 21 that he believes that Marilyn Jo Gerber will have the Deed of 623 Hilltop Drive, New Cumberland, Pennsylvania transferred to her name; yet he does not provide any proof. In numbers #22-26, Frederick E. Gerber, II makes fallacious statements regarding the Revocation of all Trusteeships that Mildred Jane Gerber signed on December 26,2000. The truth is that Joseph Metz after numerous visits with Mildred Jane Gerber prepared this Revocation Document and Mildred Jane Gerber signed it of her own free will. Joseph Metz would meet with Mildred Jane Gerber personally and PRIVATELY. On or about November 4,2000, Mildred Jane Gerber with her attorney present, Joseph Metz and with Marilyn Jo Gerber and her attorney, Michael Kane present, signed and agreed to submit a Petition to this Court to demand accounting of Mildred Gerber's Trusts. 28. It does not take a rocket scientist to figure out that Frederick E. Gerber, II had grave concerns about the Petition for Accounting signed by Mildred Jane Gerber and Marilyn Jo Gerber. He had a lot to fear at the results of this accounting. 29. Frederick E. Gerber, II went and found a new attorney named Jacquetine Verney from Carlisle, Pennsylvania and instructed this attorney as to what he wanted to happen. Mildred Jane Gerber would never have known to find Ms. Verney in Carlisle as she had her own attorney, Joseph Metz after meeting with three independent attorneys throughout 2000 and finally choosing Joseph Metz of her own free will. 30. During the Guardianship of Estate hearings in February 2001 and March 2001, Frederick E. Gerber NEVER PRODUCED any evidence that Marilyn Jo Gerber ever took over $74,000 from the accounts of Mildred Jane Gerber. On the contrary, Marilyn Jo Gerber testified that Frederick E. Gerber, II REFUSED to disperse any moneys of any significance to Marilyn Jo Gerber as a full beneficiary of the Fred E. Gerber,Sr. Trust. Marilyn Jo Gerber also testified that during 2000, from June 1,2000 until April 21,2001 she was fully disabled from a serious automobile accident and that Mildred Jane Gerber had willfully and intentionally provided financial assistance to Marilyn Jo Gerber as she had no other assets to assist her in her recuperation substantial medical treatments and costs. Marilyn Jo Gerber through her attorney, Michael Kane made NUMEROUS REQUESTS for financial assistance for Marilyn Jo Gerber from her Trust fund during her disability from June 1,2000 until April 21,2001. Mildred Jane Gerber assisted Marilyn Jo Gerber during her complete disability. Without her financial assistance, Marilyn Jo Gerber would have lost her home, her car, etc. All of the moneys that Mildred Jane Gerber granted to Marilyn Jo Gerber, and which were refused by Frederick E. Gerber, II from Marilyn Jo Gerber's Trust fund from Fred E. Gerber,Sr. which SPECIFICALLY stated that moneys were present for her especially for medical emergencies/; could have been forwarded over to Mildred Jane Gerber's personal estate. Therefore, Marilyn Jo Gerber DID NOT take any moneys from Mildred Jane Gerber estate. 31. Upon the objections of Marilyn Jo Gerber during the February and March 2001 Guardianship of Estate hearings before Judge Bayley, this Court awarded Guardianship of Estate to PNC Financial Advisors on or about March 23 ,2001. 32. In April 2001, Marilyn Jo Gerber met with Mr. Dave Brown, Ms Carol Yon of PNC Bank in Camp Hill, Pennsylvania and informed them that Mildred Jane Gerber was a Swiss Citizen and that her assets could be protected and sheltered legally. This petitioner also informed PNC Bank of her grave concerns over losses in the Mildred Jane Gerber Trust as well as the Fred E. Gerber, Sr. Trust as she was aware of Frederick E. Gerber's inability to manage his own assets over the last 30 years and especially as Frederick E. Gerber, Il had REFUSED to provide any accounting of any of the Trusts. Marilyn Jo Gerber also informed PNC Financial Advisors that she had been the primary caregiver, nurse and daughter for her beloved mother since 1996 and that her siblings were never present in Mildred Jane Gerber's life and Frederick E. Gerber, II had a particularly strong HATRED for Marilyn Jo Gerber that had existed for 30 years and involved emotional, verbal and physical abuse of her by Frederick E. Gerber, Il. 33. By May 2002, PNC Bank had still refused to secure any accounting of Mildred Jane Gerber nor had they taken control of Mildred Jane Gerber's Trust from Charles Schwab, Essentially there was no management of her estate and Trust. 34. Through continued pressure by Marilyn Jo Gerber and her attorney, Stanley Laskowski of Harrisburg, Pennsylvania, PNC FINALLY filed a Petition to Cite Trustee To File an Account of Administration. On April 24,2001, Herbert Rupp wrote PNC Bank's attorney, Ms A.J. Mendelsohn, and informed her that he expected to have the accounting completed within 30 days. He himself indicates in his language in this letter a difficulty of receiving the accounting from Frederick E. Gerber, Il. 35. On June 10,2002, Judge Bayley orders the Trustee to complete as full accounting of each of the two Trusts, Mildred Jane Gerber and the Fred E. Gerber,Sr. Trusts by July 8,2001. 36. On July 8, 2002, an Accounting entitled FIRST AND FINAL ACCOUNT was submitted to this Court but WITHOUT any of the receipts, disbursements, and distributions as ordered by this Court. Also what was missing was the year 2002! 37. This partial accounting showed significant losses by Frederick E. Gerber, Il, large margin interest payments without any explanations, and most importantly a violation of taking moneys from Mildred Jane Gerber's RESTRICTED TRUST FUND. 38. On August 27.2002, PNC Bank and Marilyn Jo Gerber filed their OBJECTIONS OF MILDRED JANE GERBER, BENEFICIARY citing almost similar concerns and requesting receipts and more information. 39. Frederick E. Gerber,It filed for Guardianship of Person in September 2001 after spending EXCLUSIVE time with Mildred Jane Gerber never allowing Marilyn Jo Gerber any access to Mildred Jane Gerber. On December 23,2002, Frederick E. Gerber, Il was awarded Guardianship of Person of Mildred Jane Gerber. 36 hours after receiving Guardianship of Mildred Jane Gerber, Frederick E. Gerber took Mildred Jane Gerber against her wishes from her home of 33 years to Lombard, Illinois. She would NEVER RETURN to Pennsylvania again with the exception of a Court ordered return in March 2001 when Mildred Jane Gerber was flown in by a strange caregiver and held prisoner for two days in a motel across the street from the Carlisle courthouse. Mildred Jane Gerber was tranquilized for her court hearing on March 2001 and could not adequately testify. This fact was brought out in the courtroom after the court recorder had stopped recording but it was mentioned off the cuff to Judge Bayley, and the other parties present. Mildred Jane Gerber was NOT ALLOWED TO return to her beloved home in New Cumberland eventough her daughter Jane Heflin was working in New York, and her son Frederick E. Gerber was working in D.C. but her daughter who was a nurse was living only 5 doors from Mildred Jane Gerber's home. Sadly, Mildred Jane Gerber was forced to fly back to Lombard, Illinois. Jane Heflin returned to New York to work. Mildred Jane Gerber was forced to live in a small, tiny, and strange home where she had no friends, no community, no priest and most importantly was taken care of by non medical personnel who had no medical supervision of Midred Jane Gerber. Mildred Jane Gerber was also at the mercy of her grandson, Sean Heflin whom she had shared a fear of to her nursing aide in New Cumberland. This witness will also testify that Mildred Jane Gerber indeed wanted to see her daughter, Marilyn Jo Gerber and would often walk over to her home and knock on her door, looking for her. Five months later, Jane Heflin would DUMP Mildred Jane Gerber in a NON SKILLED facility called Sunrise Assisted Living where there were no nurses, no nurses who dispensed medications and especially Mildred Jane Gerber had to endure the other Alzheimer patients. Mildred Jane Gerber was placed in an alcove, against a wall, without any windows, no sunlight, in a small space, not even a private room. 40. During the Guardianship hearing on October 8,2001 and on December 9, 2001, Frederick E. Gerber, II perjured himself concerning Marilyn Jo Gerber and concerning his mother, Mildred Jane Gerber. Frederick E. Gerber also revealed that he had been involved in harassing his sister, Marilyn Jo Gerber from her home of 23 years in San Francisco. 41. Frederick E. Gerber offered to grant Marilyn Jo Gerber in September 2001, $10,000 from her Trust fund of the Fred E. Gerber, Sr, Trust but Only disbursed $7,000.00 to her through a convoluted payment system to her attorney, Michael Kane. To this date, Frederick E. Gerber has refused any accounting nor to provide the agreed and promised balance of $2,500.00. To this date, there is an UNHEARD MOTION in Judge Oler's Court requesting an accounting and explanation of Frederick E. Gerber's actions. 42. On October 1,2002, upon the actions and approval of Frederick E. Gerber, II and PNC Bank, all of Mildred Jane Gerber's possessions were packed up and stored at Harrisburg Storage. Along with this was three stories of Marilyn Gerber's possessions. 43. To this date, there is NO COMPLETE ITEMIZED INVENTORY of Mildred Jane Gerber's possessions, nor her jewelry, nor her financial status. 44. On October 1,2002, Marilyn Jo Gerber, made an offer on the property of her family home, 623 Hilltop Drive, New Cumberland, Pennsylvania. PNC Bank refused to acknowledge this offer. Marilyn Jo Gerber was a full beneficiary. 45. On November 27, 2002, Judge Hoffer during a status hearing, ordered a full audit of all of the Trusts including the Mildred Jane Gerber Trust and the Fred E. Gerber, Sr. and appointed William Duncan as the Audit Attorney. 46. On November 27,2002, it was also discovered by Marilyn Jo Gerber that PNC Bank had never served Marilyn Jo Gerber of their intent to Request Permission to Sell The Property of Mildred Jane Gerber. It was also discovered that the property in Baltimore, Maryland was not in the TRUST and that essentially the estate of Fred E. Gerber,Sr. would have to be reprobated and examined. It is important to note that Marilyn Jo Gerber repeatedly informed PNC Bank that this property was not in the TRUST, but they insisted that it was. Frederick E. Gerber, II had also NEVER been to this property in five years!l! This petitioner has to ask this Court, WHO IS MANAGING THESE TRUSTS AND ESTATES!!! 47. On June 19,2001, PNC Bank filed an INVENTORY of the assets of Mildred Jane Gerber. In this Inventory, PNC listed Mildred Jane Gerber's jewelry as only worth $101.00. Mildred Jane Gerber had substantial jewelry given to her by her husband, Fred E. Gerber, Sr. as well as acquired through gifts. Where is this jewelry collection?? Mildred Jane Gerber's property including furniture and an automobile were listed as $11,841.00 yet Mildred Jane Gerber had a house full of antiques. Where is the inventory of each and every item as is required by the Guardian of Estate under PA 20 and why are the antiques not listed???? PNC goes on to list a cash receipt of $25,000 without any documentation as well as a net worth of $275,000 from the Revocable Mildred Jane Gerber Trust but without any documentation or accounting from Frederick E. Gerber, II or Charles Schwab. When Marilyn Jo Gerber confronted PNC Bank on these issues with her attorney Stanley Laskowski present in May 2002, Ms A.J. Mendelsohn stated that PNC Bank deliberately did not state full value in order not to pay taxes to the state and feds!!!! PNC by law must identify ali of the assets, property and cash and Trust values for their ward and subsequently the remaining beneficiaries. They are also charged to produce income for their ward. Neither was done for Mildred Jane Gerber and it will be discovered shortly and it is the opinion of this Petitioner that PNC Bank will be sanctioned and surcharged with possible conspiracy charges along with Frederick E. Gerber, II. PNC Bank also contributed to Mildred Jane Gerber's demise and traumatic death in refusing to investigate the status of their ward or to protect her. It is also the belief of this Petitioner that PN¢ Bank never went to see Mildred Jane Gerber for over a year when she was in Chicago thus they never supervised her needs or services delivered to her. 48. Upon the death of Mildred Jane Gerber on January 14,2003, Frederick E. Gerber filed a Decree of Probate and Grant of Letters. Under the personal property line, "NONE" is listed. Where did the personal property go ? Where did the jewelry of Mildred Jane Gerber go? 49. It is important to note that Frederick E. Gerber, II also in August 1999 harassed and intimated Mildred Jane Gerber to rewrite her Revocable Trust in effect changing the distribution of the moneys amongst her three siblings and severely changing the disbursements for Marilyn Jo Gerber. This second Trust also puts Marilyn Jo Gerber's share of this Trust in Trust and appoints none other than PNC as her future Trustee!!! It is important to note that at this time, Frederick E. Gerber was intimately involved in bringing Marilyn Jo Gerber to trial scheduled in August 1999 of which she was found NOT GUILTY but at great expense to the estate of Mildred Jane Gerber. This second version of Mildred Jane Gerber's Trust essentially preserved moneys for the issues of Jane Heflin and Frederick E. Gerber, Il. It is important to note that the inheritance share of Jane Heflin and Frederick E. Gerber, il is given to them outright in cash. 50. Mildred Jane Gerber in September 2000 told this Petitioner that Mr. Herbert Rupp had forced her to make a VIDEO and then have this second Trust signed by her priest, Father Robert Lawrence of St. Theresa's Parish in New Cumberland, Pennsylvania. Mildred Jane Gerber also showed to this Petitioner a draft of her will which she was drawing up with Mr. Herbert Rupp along with correspondence from Herbert Rupp. It is IMPORTANT TO NOTE that the FINAL VERSION of Mildred Jane Gerber's Will does not reflect her wishes or the Will that she showed this Petitioner. 51. On December 16,2002, Marilyn Jo Gerber provided a Codicil with a signature by Fred E. Gerber, Sr. stating that Marilyn Jo Gerber was to receive substantial property from Fred E. Gerber, Sr. and Mildred Jane Gerber. Unfortunately, Judge George Hoffer refused to hear or allow this Petitioner due process during this hearing so in effect these matters were not heard. An appeal was filed two days later in Superior Court. However, MS A.J. Mendelsohn of Rhoades & Sinon, and Richard Rupp and Frederick E. Gerber, II did receive a copy of this Codicil. 52. On December 16,2002, Marilyn Jo Gerber attempted to provide a signed affidavit by Millie Scott who was supoened by Marilyn Jo Gerber for this December 16,2002 hearing in Judge Hoffer's chambers to hear the Petition by PNC Bank to Sell the Property of Mildred Jane Gerber. During this hearing, Ms A.J. Mendelsohn lied about the purchase of 623 Hilltop Drive, New Cumberland, Pennsylvania and did not inform this Court that Mr. & Mrs. Timothy Losh terminated their intent to purchase this property. Marilyn Jo Gerber had filed a Stay to Prevent the Sale of this property and also stated that Fred E. Gerber, Sr. had on January 16,1998 assigned this property to Marilyn Jo Gerber. There were four witnesses present at this time and Mildred Jane Gerber also confirmed this agreement to her attorney, Herbert Rupp in late January 1998 in his office with Marilyn Jo Gerber present. Also present on January 16,1998 were Jane Heflin, Frederick E. Gerber, II and Mildred Jane Gerber and this Petitioner. 53. Marilyn Jo Gerber through her attorney, Stanley Laskowski, filed in December 2000 a motion to access her mother. This motion was continued in January by Frederick E. Gerber, Il. On March 23,2002, Judge Bayley ordered the Guardian of Person, Frederick E. Gerber, I! to allow Marilyn Jo Gerber to see her beloved mother once a week, for four hours, when Marilyn could arrange it and wherever Mildred Jane Gerber was located. From February 2002 until October 2002, Marilyn Jo Gerber attempted to make weekly visits to see her beloved mother, Mildred Jane Gerber in Lombard, Illinois and Glen Ellyn, Illinois. Marilyn Jo Gerber endured harassment from Jane Heflin, thwarted on a weekly basis by Frederick E. Gerber who deliberately tried to prevent Marilyn Gerber from seeing her mother and finally this Petitioner's Motion was heard on February 6,2003 for Civil Contempt charges for Frederick E. Gerber, ll's refusal to abide by Judge Bayley's court order. A final order was made ABSOLUTE by Judge Bayley in March 2003 and this hearing shall be heard on May 14,2003. 54. To this date, PNC Bank has refused to provide any accounting in any sort of detail since their becoming the Guardian of Estate of Mildred Jane Gerber. PNC Bank has yet to produce documentation during the discovery period of the Court ordered Audit on November 27,2002 by Judge Hoffer. 55. In June 1997, Fred E Gerber,Sr. and Mildred Jane Gerber entered into an agreement with Marilyn Jo Gerber giving her all of the furniture in the residence of 623 Hilltop Drive, New Cumberland, Pennsylvania, This was precipitated by Fred E Gerber, Sr. giving his other daughter, Jane Heflin, all of the antique furniture from his sister, Florence Gerber Cappe's home. This was referred to in Fred E. Gerber'$ codicil which was written by him and signed by him in 1997. 56. Marilyn Jo Gerber notified PNC Bank of her personal property in the family residence. Marilyn Jo Gerber also notified PNC Bank that the furniture in the family residence was also hers since 1997 as well as her lifetime childhood possessions. PNC Bank refused to allow Marilyn Jo Gerber to visually see her personal property and itemize her property. In June 2001, through the limited financial documents supplied to Marilyn Jo Gerber by court order in July 2002, there was a line for $700.00 from Derr's a trash hawling company. Frederick E Gerber without informing the Guardian of Estate, PNC Bank, had $700.00 of personal property removed from the home of Mildred Jane Gerber. This Petitioner believes that Frederick E. Gerber had some of Marilyn Jo Gerber's property thrown out. PNC Bank was responsible to PRESERVE Midred Jane Gerber's possessions and they were informed by Marilyn Jo Gerber in April 2001 that she had three floors of possessions in the family home. Mildred Jane Gerber had also pointed out to Dave Brown of PNC Bank in June 2001 that Marilyn Jo Gerber had personal property in her home. Marilyn Jo Gerber has on numerous occasions had attempted to retrieve her property and PNC Bank has refused to acknowledge this known fact. On October 1,2002, PNC Bank had all of the property removed from Mildred Jane Gerber's home along with Marilyn Jo Gerber's property. Marilyn Jo Gerber has asked for an itemization for all of the property removed as is required by law, PA 20. 57. In June 2001, PNC Bank entered the property of Mildred Jane Gerber at 623 Hilltop Drive, New Cumberland, Pennsylvania. There was a witness present during this event when Wolf & Associates was there to do a financial evaluation of Mildred Jane Gerber's property. This witness questioned why not all of the property was evaluated and catalogued. This witness will also state that Mildred Jane Gerber informed Dave Brown of PNC Bank that Marilyn Jo Gerber had significant property in the 623 Hilltop Drive, New Cumberland residence. This witness will also state that certain property was missing from the home of Mildred Jane Gerber prior to PNC Bank taking Guardianship of Person. This was accomplished by showing pictures to a witness. 58. On October 29, 2002, Frederick E Gerber,il submitted a hand written document allegedly from Mildred Jane Gerber dated January 22,2000 but with a note in Frederick E. Gerber's handwriting that it should have been January 22,2001, well after Mildred Jane Gerber had been declared incapacitated; stating that she wanted all of her property and jewelry was to be given to Jane Heflin. This letter also stated that Mildred Jane Gerber wanted Jane Heflin to have her car. Mildred Jane Gerber was declared incapacitated in March 2001. Interestingly enough PNC Bank financed the sale of Mildred Jane Gerber's car to Jane Heflin in the summer of 2002, despite Marilyn Jo Gerber's objections and HER REQUEST TO PURCHASE THE CAR. Jane Heflin had also taken Fred E. Gerber, Sr.'s maroon station wagon in February 1998 without any terms from Fred E. Gerber's will. This document was taken to Chicago & submitted to Dupage County Court on an exparte basis without any knowledge from Marilyn Jo Gerber's attorney in Chicago, Mr. John O'Halloran and Mr. Stanley Laskowski of Harrisburg, Pennsylvania. On October 29,2002, Frederick E. Gerber, II was attempting to terminate the Pennsylvania Court order for Marilyn Jo Gerber to see her mother. After Judge Bayley in Juy 2002, refused to terminate any visits by Marilyn Jo Gerber with her Mother in Chicago, and after Judge Wheaton of Dupage County ordered that such Court ordered visits would be upheld on October 11,2002, Frederick E. Gerber, II went into Dupage County Court while Judge Wheaton was out of the country and secured a temporary suspension of the Court from Judge (name is unreadable) who had no knowledge of events in the Pennsylvania Court or in Judge Wheaton's court but who ordered visitation between Marilyn Jo Gerber and Mildred Jane Gerber based on documentation that was fabricated by Frederick E. Gerber, II and letters which Frederick E. Gerber, II harassed Mildred Jane Gerber to write under duress. This document was dated on January 22,2000 just nine days after Frederick E Gerber, II and Jane Heflin came into Mildred Jane Gerber's home and took hostage control of her. Interestingly enough, on January 25,2000 had Mildred Jane Gerber sign a third version of the Revocable Mildred Jane Gerber Trust whereby Marilyn Jo Gerber is essentially cut out of all inheritance!!! It is clear to this Petitioner that Mildred Jane Gerber was coerced into signing these documents and Trust changes under great emotional duress and with lies and deceit. A witness will also provide this Court with testimony that Mildred Jane Gerber was confused as to who Frederick E Gerber, II was and thought frequently believed that he was her spouse who was also named Fred and was also an Army Colonel. This witness will also provide testimony that Mildred Jane Gerber was afraid and intimidated by Frederick E. Gerber, Il. Frederick E. Gerber, II also kept Mildred Jane Gerber ISOLATED from all her friends, her community, and from seeing her daughter, Marilyn Jo Gerber. Mildred Jane Gerber was also put under the care of only one physician, a Dr. Kimberly Young at Carlisle Dunham Army Clinic who saw her only twice in nine (9) months between January 13,2001 and December 19,2003. No specialist, no other physician ever saw Mildred Jane Gerber EVER again in Pennsylvania with the exception of Dr. Wiener in Illinois who never spoke to Marilyn Jo Gerber, never observed Marilyn Jo Gerber with her mother, nor even reviewed Mildred Jane Gerber's entire medical chart. Dr. Weiner was a psychiatrist, not a medicine physician with Alzheimer expertise. Dr. Weiner also kept Mildred Jane Gerber tranquilized or what is known as chemically restrained, Mildred Jane Gerber was given NEW medications which had significant side effects including mood disorders and depression. Mildred Jane Gerber was kept isolated and only seen by Frederick E Gerber, II during the last few months of 1998, most of 1999 and all of 2001 and 2002. 59. On December 28,2000, Frederick E Gerber, II fabricated letter head stationery and typed a letter which was filled with slander and libel against Marilyn Jo Gerber. This document submitted to Dupage County Court on October 29,2002, was not signed by Mildred Jane Gerber but has her initials on them on the bottom on each page. This was created by Frederick E. Gerber just two days after Mildred Jane Gerber signed a Revocation of all Trusteeships and Executorships specifically removing Frederick E, Gerber, Il. No Court had EVER SEEN this document in any court hearing. 60. In December 1998, Marilyn Jo Gerber filed a formal complaint with the US Army concerning Frederick E. Gerber, Irs emotional, verbal and physical abuse of her by her brother, Frederick E. Gerber,Il. The US Army took a preliminary investigative report by the Criminal Investigative Department. The US Army also went on to report this to several other authorities in Washington D.C. The US Army asked Marilyn Jo Gerber for evidence and witnesses. Marilyn Jo Gerber at that time was afraid of Frederick E. Gerber, Il and was afraid that if she gave this requested information that she would never see her mother again and that her mother could die and Frederick E. Gerber would not even tell her. 61. Frederick E Gerber's retaliation to this Petitioner's complaint with the US Army was to obtain a Court Order to keep Marilyn Jo Gerber from contacting her mother in December 1998. Mildred Jane Gerber was not aware of this action when she appeared before Judge Bayley for another matter and never signed an affidavit or testified before Judge Bayley as to her wishes or complaint. This was accomplished through trickery by Richard Rupp and is on the record in this Court. This was done on December 28,1998. 62. In April 1999, Mildred Jane Gerber SECRETLY started to write to Marilyn Jo Gerber despite the Court order from Judge Bayley and then after the criminal trial in September 1999 when Marilyn Jo Gerber was found NOT GUILTY of stalking her own mother. Mildred Jane Gerber SECRETLY saw Marilyn Jo Gerber on her own despite the Court order of December 28,1998. Mildred Jane Gerber and Madlyn Jo Gerber were afraid of Frederick E Gerber. 63. On November 1,1999, Frederick E Gerber came to the family residence and when he discovered Mildred Jane Gerber and Marilyn Jo Gerber were happily living together, he tried to harass his mother, Mildred Jane Gerber into calling the police and arresting Marilyn Jo Gerber. Mildred Jane Gerber REFUSED. Mildred Jane Gerber had the restraining order VACATED on November 1,2000. Mildred Jane Gerber and Marilyn Jo Gerber lived together during the year 2000 under the fear that Frederick E. Gerber, II would attempt to have Marilyn Jo Gerber arrested. 64. In November 1999, Frederick E Gerber, II filed a Slander and Libel law suit in Cumberland County Court citing Marilyn Jo Gerber as having jeopardized his US Army military career and citing her as being the reason for his not becoming a Brigadier General. There has NEVER been any court action on this case, however Marilyn Gerber was burdened with burdensome attorney fees to answer this complaint and other matters related to this suit. 65. On December 19,2001, Frederick E. Gerber, II was forced to testify under resistance that he was separated from his wife, Petra Gerber. In fact, Petra Gerber had separated from him for the third time for abuse. 66. In August 1998, Frederick E Gerber, II's second son, Sascha Gerber called Marilyn do Gerber and complained about his father's abuse of him and his mother, Petra Gerber. 67. In February 1998, Frederick E Gerber's eldest son, Sascha Gerber also witnessed verbal and physical abuse of Marilyn Gerber by Frederick E Gerber in the family residence, 623 Hilltop Drive, New Cumberland,Pennsylvania. 68. On or about February 19, 1998, Frederick E. Gerber, II physically attacked Marilyn Jo Gerber in the hospital room of their father, Fred E. Gerber, Sr. at Pinnacle Health in the Intensive Care Unit. 69. For over 30 years, Frederick E. Gerber, II has verbally, emotionally and physically abused Marilyn Jo Gerber. In January 2003, Marilyn Jo Gerber refiled formal charges and complaints of the abuse of her, her mother Mildred Jane Gerber and her father, Fred E. Gerber, Sr. Marilyn Jo Gerber DOES have concrete evidence as well as testimonies as to this abuse. 70. On November 4,2001, after Mildred Jane Gerber having almost a month month of 24 nursing care, Frederick E. Gerber, II DELIBERATELY left Mildred Jane Gerber alone at approximately 9 PM. Frederick E. Gerber, II had INSISTED that the emergency LIFE LINE be removed from her residence despite the objections of PNC Bank in August 2001. Mildred Jane Gerber fell and laid on the living room floor for 12 hours until she was found by her caregiver the following morning. If this caregiver had not arrived, Mildred Jane Gerber would have died shortly that day. 71. Immediately after the death of Fred E. Gerber, II on February 22,1998, and despite a neurological testing of Mildred Jane Gerber, Frederick E. Gerber, II left his mother ALONE for almost two years with little supervisory visits or any medical treatment for her Alzheimer disease. He provided almost no medical care, and contributed to her rapid decline. He deliberately prevented Marilyn Jo Gerber from seeing her mother by having her arrested on trumped up charges on July 28,1998, having a restraining order issued in December 1998, and despite Marityn Jo Gerber's request for an evaluation of Mildred Jane Gerber and a full accounting of her assets and Trusts, Frederick E. Gerber, Il continued to prevent Mildred Jane Gerber from seeing her daughter, Marilyn Jo Gerber. 72. Frederick E. Gerber, II has perjured himself in this Court concerning Marilyn Jo Gerber and done EVERYTHING he could to slander, libel, and criminalize Marilyn Jo Gerber. Frederick E. Gerber has unfortunately used Mildred Jane Gerber as a pawn to accomplish this. This Petitioner feels that these last five years of litigation and court hearings have really been about Frederick E. Gerber, I! HATRED for Marilyn Gerber and this has been a tool used by Frederick E. Gerber, II to PUNISH Marilyn Gerber. 73. Frederick E. Gerber has taken Marilyn Jo Gerber's personal property, has harassed her out of her residence of 23 years in San Francisco, has refused to grant her any moneys from her Trust fund, has slandered, libeled, prevented her from seeing her beloved mother, Mildred Jane Gerber has had her arrested in an attempt to criminalize her, has prevented her from seeking work in the local area, and has inflicted great emotional, financial and physical injury on Marilyn Jo Gerber. 74. As of this date, Frederick E. Gerber, II has an ABSOLUTE CONTEMPT charge in Judge Bayley's courtroom. Frederick E. Gerber, II CANNOT and WILL NOT EXPLAIN significant losses amounting to over $120,000, in addition to large margin interest charges, and taking RESTRICTED moneys from the EXCLUSIVE TRUST of Mildred Jane Gerber. He refuses to provide receipts or any documentation for the years 1998 until the present for Mildred Jane Gerber's Trust fund or the Fred E. Gerber, Sr. Trust fund or the Fred E. Gerber Estate and the Mildred Jane Gerber Estate. 75. Frederick E. Gerber, II QUICKLY REMOVED Mildred Jane Gerber from her residence against her will to illinois where she had no friends, no community, no Church. Mildred Jane Gerber only saw his mother EVERY SIX WEEKS and it is very probable that he was not present for her death on January 14,2003. 76. Frederick E. Gerber REFUSED to have an AUTOPSY of Mildred Jane Gerber and in fact only informed Marilyn Jo Gerber of her beloved Mother's death THREE DAYS AFTER HER DEATH, BY FAX from Richard Rupp to her attorney, Stanley Laskowski. 77. The Illinois Department of Health is currently INVESTIGATING the care of Mildred Jane Gerber while she was institutionalized at Sunrise of Glen Ellyn, Illinois. The Executive Director of the Illinois Department of Health tried to prevent Mildred Jane Gerber's body from leaving Illinois and ask for an autopsy. He was too late in his attempt due to her untimely death on January 14,2003 and immediate embalming by Frederick E. Gerber, II and immediate transport to Pennsylvania. 78. Appeals have also been filed with the Pennsylvania Department of Aging Illinois Department of Aging and actions will be filed against Sunrise Assisted Living of Glen EIlyn, Illinois for their participation with Frederick E. Gerber, II in the untimely isolation, abuse and death of Mildred Jane Gerber. 79. Mildred Jane Gerber was kept in the home of Jane Heflin from December 24,2001 until mid August 2002, Mildred Jane Gerber entered Sunrise Assisted Living of Glen Ellyn with significant health conditions that were not addressed. Mildred Jane Gerber had a right heel wound, a left blackened toe, poor hygiene, significant lung problems. Marilyn Jo Gerber filed weekly complaints with the Illinois Department of Health, the Illinois Department of Aging, the Lombard Police, State's Attorney of Dupage County, and the Pennsylvania Department of Aging and the Pennsylvania Attorney General. Marilyn Jo Gerber also filed two petitions for this Court to hear a Motion of the activities of the Guardian of Person, Frederick E. Gerber. Each time, this Court refused to hear each of these petitions. On December 2002, Judge Bayley finally decided to hear a petition regarding Frederick E. Gerber's contempt of the visitation order. UNFORTUNATELY, Mildred Jane Gerber was dying and Marilyn Jo Gerber was prevented from seeing her due to an exparte decision from a Dupage County Judge on October 29,2002. During this time, Mildred Jane Gerber had been hospitalized TWICE for PNEUMONIA. Frederick E. Gerber, II NEVER INFORMED Marilyn Jo Gerber of her mother's grave condition or her two hospitalizations. It is also most likely that Mildred Jane Gerber acquired what is known as community acquired pneumonia due to be imprisoned in an institution. Had Mildred Jane Gerber been allowed to stay in her home with her $900.000 of assets and her community, this would clinically not have occurred. Mildred Jane Gerber could have spent her last years in peace. It has been Frederick E. Gerber's OBSESSION that Marilyn Gerber not see her Mother as he knew this would hurt her. 80. This Petitioner feels that thero is ABUNDANT EVIDENCE of GRAVE CONCERN of Frederick E. Gerber's depraved indifference, EXTREME SIBLING HATRED and overt and covert attempts to prevent Marilyn Jo Gerber from receiving any funds as a full beneficiary of the two Trusts. Frederick E. Gerber, Il has ALREADY seriously deplete the moneys from the two Trusts and PNC Bank and all of the attorneys, Herbert Rupp, Richard Rupp, Jacqueline Verney, Lindsay Baird, and A.J. Mendelsohn and eventually William Duncan shall more than likely take the balance of the funds remaining. 81. Jane Heflin worked with Frederick E Gerber, II in taking significant funds for her enrichment and that of her two children, Amanda Heflin, and Sean Heflin and taken personal property from Marilyn Jo Gerber. Jane Heflin has also taken two automobiles from the residence of 623 Hilltop Drive, New Cumberland, Pennsylvania. 82. Frederick E. Gerber, II has succeeded in taking moneys from the Trust of Mildred Jane Gerber and the Fred E Gerber, Sr. Trust for his own enrichment and those of his two children, Sascha Gerber, Mischa Gerber and his wife, Petra Gerber. 83. For all of the above reasons above, this Petitioner feels that it is in the best interest for all of the beneficiaries for the Mildred Jane Gerber Trust, the Fred E. Gerber, Sr. Trust and the personal estate of Mildred Jane Gerber be FROZEN until the AUDIT as ordered by Judge Hoffer has been accepted and all moneys have been accounted for as well as accounting from PNC Bank. WHEREFORE,Petitioner respectfully requests that this Honorable Court order an Order to take the following actions: I. Freeze the Trust of Fred E. Gerber, Sr. 2. Place the assets of the Fred E. Gerber,Sr. Trust into the management of a neutral Trust manager. 3. Freeze the Trust of Mildred Jane Gerber. 4. Place the assets of the Mildred Jane Gerber Trust into the management of a a neutral trust manager. 5. Freeze the Estate of Mildred Jane Gerber. 6. Place the assets of the Mildred Jane Gerber Estate into the management of a a neutral estate manager. 7. Order that the only moneys disbursed and paid out for the Mildred Jane Gerber Trust shall be ONLY those for the payment of minimal payments of the utility costs for 623 Hilltop Drive, New Cumberland, Pennsylvania known as a. UGI b. PPL c. Homeowner's Insurance d. Local real estate taxes, city taxes e. Sewer and garbage fees f. Water utility fees g. lawn service fees for mowing of lawn h. Harrisburg Storage fees i. Minimal telephone fees j. Cancel all extraordinary fees such as Cable TV, mobile phones, computer fees, etc. 8. Freeze the disposal or sale of the home of 623 Hilltop Drive, New Cumberland, Pennsylvania or removal of any items currently inside this property. 9. Freeze the property of Mildred Jane Gerber which is in storage at Harrisburg storage. 10. Freeze the property of Marilyn Jo Gerber which is in storage at Harrisburg storage. 11. Freeze the disposal or sale of the home in Baltimore which is currently being occupied and rented by Mr. & Mrs. Joseph Cross. 12. Allow payment and disbursement of minimal costs for the Baltimore property such as taxes, sewer and any other expenses that have been paid out over the last five years. 13 Seek approval from this Court for any extraordinary payments, disbursements, or improvements for either the 623 Hilltop Drive, New Cumberland, Pennsylvania and the Baltimore home. 14. Freeze the investment accounts and have them managed by a neutral Trust manager so that the Trusts and estate does not incur any undue investment losses. 15. Remove PNC Bank from any further Trust and Estate management as they PNC Financial Advisors have allowed Frederick E. Gerber, II to dissipate extensive moneys from the RESTRICTED Trust of Mildred Jane Gerber under their Guardianship of Estate, refused to produce any receipts of their services and investments while a Guardian of Estate of Mildred Jane Gerber's Trust, refused to honor and respect the beneficiary rights of Marilyn Jo Gerber, admitted to ACRIMONY between themselves and Marilyn Jo Gerber, and delayed in taking over the accounts of Charles Schwab for over six months after having been appointed Guardian of Estate. Remove PNC Advisors for having lied before this Honorable Court during the December 16,2002 hearing on the approval of the sale of 623 Hilltop Drive, New Cumberland, Pennsylvania. 16. ALLOW this Petitioner to present to this Court a proposal of several Trust and Estate Management companies for this Court's approval. At this date, this Petitioner is presenting this proposal before several well established and recognized Trust management companies. 17. Demand that monthly reports be presented to ALL BENEFICIARIES and this Court during the management of the Trusts and the estate of Mildred Jane Gerber until the Audit of the Trusts and the Will Contestation are complete. Madlyn Jo Gerber PRO-SE 717 Market St.//317 "_~ /~ /) LemoynePA. 17043 ~/ /" (717)503-5280 CERTIFICATE OF SERVICE Gerber, do hereby certify that, on the/'b./~day~03, I, Marilyn Jo 1 placed a true and correct copy of the Motion to Freeze the Mildred Jane Gerber, the Fred E Gerber, Sr. Trust and the Mildred Jane Gerber Estate in the United States Mail, first class postage, prepaid, an addressed to: Richard Rupp 355 North 21 st Street, Suite 205 Camp Hill, PA. 17108 Jane Heflin 270 North Garfield Lombard, Illinois 60148 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS MILDRED J. GERBER CUMBERLAND COUNTY PENNSLYVANIA TRUST UNDER AGREEMENT ORPHANS' COURT DIVISION dated December 19, 1997 and NO. 21-2002-~ ~'O ~ amended on August 2,1999 and ~-c;~--'q ~. v, January 25,2001 ORDER IT IS HEREBY ORDERED, in accordance with Cumberland County Orphans' Court that is ordered to produce all documents, receipts, bills, transactions and disbursements per this Motion for Production of Documents to show where Marilyn Jo Gerber allegedly took $74,000 and $185,000 from Mildred J. Gerber and the from the Trust of Mildred J. Gerber. BY THE COURT: Judge: DATE