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Home My WebLink About06-10-03 (3)IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS MILDRED J. GERBER CUMBERLAND COUNTY PENNSYLVANIA TRUST UNDER AGREEMENT ORPHANS'S COURT DIVISION dated December 19,1997,and NO. 21-2002-a~1~ amended on August 2,1999, and .~--~- January 25,2001 MOTION FOR PRODUCTION OF DOCUMENTS AND NOW, Plaintiff, Madlyn Jo Gerber is the eldest child and the first daughter of Mildred Jane gerber, deceased on January 14,2003 in Glen Ellyn, Illinois. I. Marilyn Jo Gerber is a full beneficiary of the Mildred Jane Gerber Trust dated December 19,1997. 2. Marilyn Jo Gerber is a full beneficiary of the Fred E. Gerber,Sr. Trust dated July 29, 1994. 3. On February 1,2001, Frederick E. Gerber, II filed an Emergency Petition for Guardian of Person for Mildred Jane Gerber stating that she was incapable of managing her financial affairs and declaring her incapacitated and suffering from Alzheimer Dementia. 4. The Honorable Judge Edgar Bayley granted this Emergency Guardianship and scheduled a hearing in February 2001. 5. The Honorable Judge Edgar Bayley extended these hearings again in March 2001. 6. During the Guardianship hearings of Estate hearings in February 2001 and in March 2001, Frederick E. Gerber, II testified that Marilyn Jo Gerber had taken over $74,000 from the accounts of Mildred Jane Gerber. This total included moneys taken from the personal checking accounts of Mildred Jane Gerber with PNC Bank, a PNC Bank checking account, and with MBNA Credit Card Services. 7. Frederick E Gerber, il also testified that MBNA was investigating Marilyn Jo Gerber for allegedly charging on the account of Mildred Jane Gerber. 8. Frederick E Gerber, II also testified that Marilyn Jo Gerber was in the process of forcing Mildred Jane Gerber in deeding over the home of 623 Hilltop Drive, New Cumberland, Pennsylvania to herself. 9. Frederick E. Gerber, II did not provide full DOCUMENTATION during these two hearings in February 2001 and March 2001. 10. During the Guardianship Hearing of Person on October 8,2002 and again on December 19,2002, Frederick E Gerber, II again accused Marilyn Jo Gerber of "stealing" moneys from Mildred Jane Gerber. 11. On January 25,2001, Frederick E Gerber, II intimidated Mildred Jane Gerber into revising her Trust for the third time in which it is stated that Marilyn Jo Gerber had taken $185,000 during the last six months from Mildred Jane Gerber. Again, no documentation ever was produced to substantiate this claim. 12. Mildred Jane Gerber informed Marilyn Jo Gerber that a video was made upon the insistence of Richard Rupp when the second version of the Midred Jane Gerber Trust was revised. 13. Mildred Jane Gerber was declared incapacitated in March 2001 after being granted an emergency guardian on February 1,2001. 14. It is the belief of this Petitioner that Mildred Jane Gerber did not understand what she was signing for the 1999 Revised Trust as well as the sudden and third version amended on January 25,2001, just five (5) days prior to Frederick E. Gerber, II asking for an Emergency Guardian of Person of Mildred Jane Gerber. 15. Mildred Jane Gerber on December 26,2000 signed a Revocation of Trustees and Executors document especially citing the Removal of Frederick E. Gerber, Il. 16. Mildred Jane Gerber on November 3,2000, signed a Petition for Request of Accounting of her Trust of which Frederick E. Gerber, II was the Trustee. WHEREFORE, this Petitioner respectfully requests that this Honorable Court do hereby order the Production of Documents, including receipts, check registers, disbursements, documents,letters and videos of anything that has to do with the Mildred Jane Gerber Trust. This Petitioner specifically asks that Frederick E. Gerber, Ii provide EXACT accounting for the alleged $74,000 and the $185,000 which he testified that Marilyn Jo Gerber took from the Mildred Jane Gerber Trust. Marilyn Jo Gerber PRO-SE 717 Market Street,#317 Lemoyne, PA. 17043 (717) 503-5280 CERTIFICATE OF SERVICE ! Marilyn Jo Gerber, do hereby certify that, on the _~'7¢(dday of/~2003, i place a true and correct copy of thre Motion for Production of Documents, in the United States Mail, first class postage, prepaid, an addressed to: Richard Rupp 355 North 21st Street, Suite205 Camp Hill, PA 17108 Jane Heflin 270 North Garfield y~~ Lombard, Illinois 60148 B Madl¢ Jo GeC¢~_~' DATE:~.._-,/(-')¢.._ . ,~¢¢¢~,~ CERTIFICATE OF SERVICE I Madlyn Jo Gerber, do hereby certify that, on the _~d'~aY of~, I place a true and correct copy of thre Motion for Production of Documents, in the United States Mail, first class postage, prepaid, an addressed to: Richard Rupp 355 North 21st Street, Suite205 Camp Hill, PA 17108 Jane Heflin 270 North Garfield Lombard, Illinois 60148 DATE:~'~ ,~.¢~-.~ .10.03 IN RE: MILDRED J. GERBER, TRUST ' IN THE COURT OF COMMON PLEAS OF UNDER AGREEMENT, dated · CUMBERLAND COUNTY, PENNSYLVANIA December 19, 1997 and ORPHANS' COURT DIVISION , amended August 2, 1999 NO. 2001-0~92 ORDER IT IS HEREBY ORDERED, in accordance with Cumberland County Orphans' pursuant to Pa R. C. P. 4009.1 that is ordered to Produce all documents, receipts, bills, transactions and disbursements per this Motion to Order the Trustee, Frederick E. Gerber, ii to Produce the Following Documents. by ,2003 to this Court for full review and copying. BY THE COURT: George E. Hoffer, P.J. DATE: