HomeMy WebLinkAbout10-03-03IN RE: MILDRED J. GERBER IN THE COURT OF COMMON PLEAS
MILDRED J. GERBER UNDER CUMBERLAND COUNTY
TRUST AGREEMENT dated December COMMONWEALTH OF PENNSYLVANIA
19,1997, and amended on August 2,1999 ORPHANS' COURT
AND ABONNED JANUARY 25,2001 NO. 121-2002-0540, NO. 021-2001-92,
NO. 21-1998-01950
IN RE: MILDRED J. GERBER ESTATE
deceased January 14,2003
IN RE: FRED E. GERBER, SR. ESTATE
deceased February 22,1998
IN RE: FRED E. GERBER SR. TRUST
AGREEMENT dated July 29, 1994
IN RE: FRED E, GERBER, II EXECUTOR, TRUSTEE
AND EXECUTOR OF MILDRED J. GERBER
ESTATE AND MILDRED J. TRUST AND
FRED E. GERBER, SR. ESTATE AND FRED
E. GERBER,SR. TRUST
IN RE: JANE GERBER HEFLIN, BENEFICIARY
OF MILDRED J. GERBER ESTATE, MILDRED J.
GERBER TRUST AND FRED E. GERBER SR.
ESTATE AND FRED E. GERBER TRUST
PETITIONER, MARILYN JO GERBER, BENEFICIARY
UNDER THE ESTATES OF MILDRED ~J. GERBER AND FRED E. GERBER,SR.
AND TRUSTS OF MILDRED J. GERBER AND FRED E. GERBER,SR., ACTING
PRO-SE, PETITION FOR STAY OF PROPOSED SALE OF 623 HILLTOP DRIVE
CUMBERLAND, PA., 17070
PETITIONER AVERS AS FOLLOWS:
1. Petitioner avers that all times relevant herein, her parents had expressed that on
their death she, as oldest daughter be given the family home located at 623 Hilltop
Drive, New Cumberland, PA. 17070. This was expressly directed by, Fred E. Gerber,
Sr. who was the Grantor of his Revocable Trust on January 16, 1998 before four
witnesses, Mildred J. Gerber, Marilyn Jo Gerber, Fred E. Gerber, il and Jane Gerber
Heflin.
2. Frederick E. Gerber, tl is the executor trustee of both estates of the
petitioner's parents and the two existing trusts. He is also a beneficiary of the estates
and the two existing trusts and estranged brother of Petitioner. His interest is adverse
to Petitioner.
3. Petitioner, sister Jane Gerber Heflin is a beneficiary of the estates and the
two existing trusts.
4. In addition to the family home in Pennsylvania for which this request for a stay
is being made, there is another family home located in Baltimore, Maryland.
5. The aforementioned trusts and estates contain assets in excess of one
million dollars interspersed in cash, stocks, real estate and personal property.
6. No meaningful appraisement, inventory accounting or audit has been filed by
the executor Trustee to date and thus the exact value of the Trusts and estates is still
unknown to Petitioner despite the passage of substantial time, almost 6 years, place.
7, The administration of this estate by the executor has been characterized by
delay and a studied effort to deny the petitioner herein her rights to a lawful
inheritance.
8. PNC Bank appointed by this Court as Guardian of Estate in March 2001, filed
citations in June 2002 for accounting of the two trusts. On August 27,2002, PNC Bank
and the petitioner filed exceptions to the accounting filed by the trustee. To date,
these exceptions have never been resolved.
9. Due to the death of Mildred J. Gerber, on January 14,2003, PNC Bank
requested removal as guardian of person and currently Jacqueline Verney, Esquire
in this Court as well as Supedor Court appeal which will argued in the Middle District
on November 18,2003.
17. By way of prior history and relevance, on December 16,2002, when PNC Bank
brought their petition to sell the petitioner's family home, there had been a purported'
buyer known as Mr. & Mrs. Losh who was disclosed to the Court as ready, willing and
able buyers. This was false and misleading but at the time it was unknown to the
petitioner herein. In fact, the Losh's had on December 15, 2002 signed a document
withdrawing their offer to this property. Knowledge of the document was known to A.J.
Mendelsohn of Rhodes & Sinon, counsel for PNC Bank; Mr. Dave Brown, PNC
Financial Advisors; Fred E. Gerber, it and Mr. Richard Rupp, of Rupp & Meikle, counsel
for the Trustee as they were in possession of this writing
It was during this hearing in Court that petitioner was asked by Judge Hoffer
whether she wanted to purchase the priority and she replied YES. The Court refused
petitioner's stay and her offer to purchase the property thus permitting PNC Bank and
the others to proceed with the sale to the Losh's, which sale of course did not proceed
due to their withdrawal aforesaid. It must also be noted that the Petitioner also made
an offer for purchase of this property on October 1,2002 to Mr. Dave Brown of PNC
Financial Advisors, Ms. A. J. Mendelsohn of Rhodes & Sinon, counsel for PNC Bank
on a handwritten piece of p~per before her mother's home and these two individuals
refused to accept her offer. The Petitioner also faxed on that day, October 1,2002 her
intent to purchase the property and informed them of her beneficiary rights and
inheritance. Mr. Brown on December 16,2002 in the court hearing for the sale of
the property admitted that he refused her offer based on his acrimony for the
Petitioner.
18. Petitioner avers that no prejudice will be suffered by the estate in entering a
stay of proceedings at this time regarding the real estate and or in the alternative to
award the real estate to petitioner as a credit against her inheritance subject to proper
completion of the audits and inventory of the Trusts by the executor Trustee.
19. Petitioner objects to the listing of the property for sale since she is a ready
and willing buyer without the necessity of incurring additional expenses by the estate
or herself for the engagement of a real estate agent.
20. Petitioner has also offered to pay the real estate taxes, utilities and lawn
services and maintain this property in order to protect this property and maintain a
thrifty budget during the period of this audit. The petitioner has made this offer and
presented it to PNC Bank since they became Guardian of Estate to no avail. Mr.
Rupp and the Trustee also refused to acknowledge this offer. The result is that
PNC Bank has taken hefty fees each month since March 2001 and Richard Rupp has
taken over $100,000 in fees without any accounting and represent fees far in excess
of any other legal entity that has been involved in this family's estate drama.
21. Petitioner further avers that her acquisition of the premises is consistent with the
intent and wishes of her parents and her beneficiary rights.
22. Petitioner avers that Judge Bayley in an opinion of May 22,2003 in the case
I involving Civil Contempt of the executor Trustee, the Court acknowledge the
Trustee's hatred for the Petitioner. The fact remains that there has been no
accounting that has been collaborated for six years and no discovery has been
allowed to proceed and there are numerous motions which three Judges, (Bayley,
Oler, Hoffer) have not heard, with some dating back to October 2002 and this property
may represent the only substantial asset left for the petitioner to inherit as a
beneficiary as the petitioner suspects that the estates and Trusts are seriously
depleted. Even if the executor is surcharged and even found in criminal or civil
contempt, the retrieval of the petitioner's rightful moneys and inheritance could never
transpire and attorney and banking fee would eat up the estate and Trusts as they
already have done for six years. It must be noted that the Petitioner has used her own
assets for all legal suits in this Court whereas the executor and Trustee has not dipped
into his pocket for one dime and has seriously enriched himself, allowed huge
investment losses to occur and extended over $100,000 to Richard Rupp which far
and away exceeds any other attorneys feeS for the past six years.
23. Petitioner has already reviewed and filed over 40 exceptions with this Court for
large sums of money amounting to hundreds of thousands of dollars and since the
Fred E. Gerber, II still to this day is the executor and Trustee and has refused to provide
accounting for 2002 under Judge Bayley's court order of June 2002; it is entirely
possible that is little that remains in the estates and trusts. It is the financial opinion
of the petitioner that if this property is liquidated that the moneys from the sale could
be dispersed without regard to the petitioner's inheritance rights.
WHEREFORE Petitioner requests that this honorable Court schedule a hearing to
hear and determine the evidence and issues; to stay any listing of the premises on the
open market; to award to Petitioner the opportunity to purchase the premises upon
such terms and conditions as the Court may seem meets and protects upon evaluation
and evidence her inheritance under the estates and Trusts.
717 Market Street, ,~317
Lemoyne, PA. 17043
(717) 503-5280
/~ ///
LAW OFFICES
RUPP AND MEIKLE
A PROFESSIONAL CORPORATION
355 NORTH 21ST STREET, SUITE 205
MAILING ADDRESS
HERBERT G. RUPP, JR. CAMP HILL, PA 17011 P.o. BOX 395
RICHARD C. RUPP (717) 761-3459 CAMP HILL, PA 17001-0395
ANN MEIKLE ERIESSON (1954-82) E-MAlL: RUPPLAWi~AOL.COM TELEFAX: (717) 730-0214
July 21, 2003
Ms. Marilyn Jo Gerber
717 Market St., No. 317
Lemoyne, PA 17043
Re: Sale of Residence
Dear Marilyn:
i understand that you are interested in purchasing your mother's
house on Hilltop Drive.
If you are interested, please make an offer for.th.e considera.t, ion of
your brother, the Executor of your mother's Estate, wtthm the next fifteen
days.
· If you do not make a proper offer, then the Executor intend to list the
house for sale.
Enclosed is a Harrisburg Realtor form of Sales Agreement for your
consideration.
Thank you.
,---'Yours sinc ~erely.,
',~.... ........ ,.....~! '-,~-----~~
Richard C. Rupp
RCR/lin
Enclosure
July 2,2003
Rupp & Meikle
355 North 21 st Street, Suite 205
Camp Hill,Pennsylvania 17011
Dear Mr. Richard Rupp:
At the hearing before the auditor, William Duncan, Esquire, on June 25,2003,
you as counsel for Frederick Gerber acting as executor and Trustee for the Mildred
Jane Gerber Trust, declared the intention to dispose of the family home at 623 Hilltop
Drive,New Cumberland, PA. You indicated that the premises would be listed by a
realtor for sale in the near future.
You inquired of me as to whether I was interested in purchasing this real estate
since this was my family home with my parents. I informed you then that it is my
desire to purchase the property and that the premises should not be listed for sale with
a broker. You also know that there have been three appraisals on this property so far
and until a current appraisal has been done, I cannot make an offer against my asset
share of my Trust inheritance and mother's estate. To proceed with a fourth appraisal
would show financial irresponsibility on the part of the Trustee, Fred Gerber. It is time
for the audit to be completed, the auditor to make his recommendation, the Court to
rule and then arrive at a settlement. Fred and Jane started all this in January 1998 and
they are directly responsible f°r the devastation of these Trusts.
In recapitulation and preservation o my legal position, (1), this property was
specifically given to me by codicil signed by my father, (2) my father reaffirmed this
fact before his wife and all three of his children on January 16,1998, (3) my mother
and I also visited your offices and shared this knowledge with your father in January
of 1998, (4) I filed a Motion to Stay the sale of this property in November 2002 and
as you know, 1 also appealed the sale of this property to the Superior Court of
Pennsylvania in December 2002 which is a pending matter before that Court.
Furthermore as you know, I am a full beneficiary of the two Trusts in my father and
mother's name. You also are aware that in five years and six months, my brother has
failed to provide any supportive and collaborative evidence to support the current
accounting that he has supplied the Court. You also are aware that this accounting in
under an audit. It is my firm position that until all receipts, transactions and
disbursements are satisfied to the Auditor, the Court and myself, I am not prepared to
accept any proposals of a settlement nor will I agree to the sale of this property other
than a settlement to me as a beneficiary.
In conclusion, should you proceed to expose the premises for sale, other than a
distribution to me under the Trust, I shall file a motion to stay any proposed sale.
I am formally informing you that Start Laskowski has no power to negotiate a
settlement agreement on any matters concerning the estate of my mother or the
two trusts. His only power as my attomey and this is on record with PNC Bank and
the Court is as my attorney for guardianship matters of person. I am insisting that
you call me or write me concerning any settlement of the estate and anything having
to do with my beneficiary rights.
I am also concerned that my brother is now out of the country and is not available
to the Court nor to the beneficiaries of the Trusts. As you are acutely aware, my
brother has a legal and fiduciary responsibility to inform the beneficiaries of alt assets,
losses, etc. Fred has REFUSED to do this for over five years in 'particular to me. I see
this as a great hindrance and believe that he should resign his position as Trustee and
executor in favor of an independent qualified person.
I shall .await your earliest advices in response to a letter. My mailing address is
717 Market Street, #317, Lemoyne, PA 17043.
Sincerely
Marilyn Gerber
cc. Jane Heflin
Stan Laskowski
Joa[nne Christine
August 5,2003
Rupp & Meikle
355 North 21 st Street, Suite 205
Camp Hill, Pennsylvania 17011
Dear Richard:
I am responding to your letter of July 21,2003 in which you gave me 15 days to
make an offer on my mother's home at 623 Hilltop Drive, New Cumberland, PA.
I therefore want to respond within your established time line with my thoughts on
this matter.
I. I find it comical that you would impose very short time deadlines on me when you
and your father have essentially aided my brother in delaying every time deadline,
even under court citation or order. My brother under your expertise has continued
even the simplest of requested tasks as accounting for over five and haft years not to
speak of the fact that you and your father have billed my parents estates the largest
fees, Little did my father realize what your father was capable of.
2. ! do indeed hereby inform you that 1 wish to purchase my family home as was
intended by my late father, Fred E. Gerber,Sr. In fact ! am taking the following position
as a full beneficiary of the estate, and the two Trusts established by my father and
mother.
A. My father in January 1998, as the revocable grantor of his Trust, his Estate
and as the head of our family made very specific instructions to ali of us present which
included my mother, Mildred Jane Gerber, Jane Gerber Heflin, Frederick E. Gerber, It
and myself. These instructions were that ! was to purchase the family home at
623 Hilltop Ddve, New Cumberland, PA for the sum of $100,000 and that the moneys
for this purchase were to come from the Trust as he stated, "1 left plenty of money in
the Trusts for her to do this. My father then went on to state specific personal property
that he wished for me to acquire as well as specific property that he wished my brother
to acquire. This request was witnessed by ali four of us in front of my father. This
request was also repeated to your father, Herbert Rupp by my mother and myself in
February 1998. This information had to ha~e been recorded and taken seriously as
magically and shockingly, George Ctouser showed up in my family home on the day
of my father's funeral, two days after my father's death!!.
B. As my father was fully cognitive and the revocable grantor of his Trust and
estate, my father knew exactly what he was doing. My father had invested substantial
moneys in my sister Jane's home in Chicago as well as moneys in my brother's
homes. My father additionally subsidized my sister and brother for the care of their
children, Amanda, Sean, Sascha and Mischa.
C. My mother also knew what they each had given to me from their home in 1997
and my mother knew that my Dad had written it down on paper. ! now have this
document and intend to challenge the will of my father, mother, and the two Trusts.
D. In 1998, the appraisal completed by George Clouser on February 24,1998
was for approximately $145,000. Interestingly enough, this figure does not appear
on the court documents that you filed with the Orphans' Court nor does PNC Bank
record thiS information.
E. In October 2002 you had George Ciouser complete another appraisal and
then followed up with another from Marc Heckman. Each time these appraisals
were costly and drained my mother's estate.
F. Each time, never once did you ever contact me representing my brother to
inform me that my brother or PNC Bank wanted to sell this property and did ! wish
to purchase it as a beneficiary.
G. Now it is August 5,2003 and again we are faced with a question what is
this house appraised for and for what price does my brother wish to list this property.
I will not participate in a cat and mouse game of not knowing what Fred wants to
list this property for not knowing what bona fide offer to make for my family home,
knowing that you and Fred have 2 to 3 buyers in the wings waiting to offer more.
H. We also have the problem that as a full beneficiary, my brother who is the
Executor of my father and mother's estate, as well as the Trustee of each of the two
Trusts has FAILED to speak to me as a sibling and a FULL BENEFICIARY of each
of the estates and Trusts. An executor and Trustee is supposed to meet with his
siblings and work with them to make mutual decisions that will effect each of them.
If decisions cannot be made, then mediation is an affective tool for which to solve
differences. On the contrary even despite your father's request that Fred meet with me
and Jane, he .has refused. In fact, Fred has not spoke to me for five and half years for ..
a total of 15 minutes. His continued pathological hatred of me has even been
documented as being historical in Cumberland County Court. Although history is
replete with sibling and familial hatred, what my brother's hatred has accomplished is
destroy my mother and her health as well as seriously deplete an estate that my father
and mother worked all of their lives to create and were prou_d to leave for each of
their beloved children.
I. In addition to the obvious sibling hatred, my brother has now REFUSED to
provide full accounting of the estates, and the two Trusts. ! am not in the position to
accept any offers without futl accounting. I do not know of anyone who would do this
in lieu of the substantial amount of moneys in these Trusts. Even under court order,
Fred REFUSES to comply and one year since PNC filed their motion and for which
Cumberland County Court ruled and eventually appointed a Court Auditor, we still
do not have one shred of receipts or collaborating evidence of the accounting which
is not complete and does not meet the Court's order. Fred has already been found
guilty of civil contempt and is tw° late in paying me the Court awarded moneys. I
would think that by now, you and Fred know that I will not go away. You Richard are
laughing yourself to the bank but Jane and Fred might not have anything to laugh
themselves to the bank when this accounting and ali of the court actions are
completed. Is this what they want?
J. Fred is now in Iraq and as you stated h'e is probably going to be gone for up
to one year. As this is a great attempt to continue the audit and hope that I will fold, I
can assure you that my next action will be to refi!e a motion to have him removed as
he is unable to complete his duties as executor or Trustee. i doubt very much Richard
that with the secure telephone lines, the time zone difference and compounded with
the fact that the Pentagon is aware of his guilty charge, that Fred is in the position to
use Department of Defense services to contact executor and trustee duties. In fact,
I doubt very much that you have much contact with Fred since the Iraq crisis for over
a year. I do not think Fred will successfully pass an audit and further charges are in
the wings for him. As you can see, I am not in the controlling position here due to
Fred's unwillingness to comply with the court order for full receipts, transactions and
disbursements. No auditor will sign off without reviewing my exemptions and seeing
receipts in light of the "Enron Era".
K. You and brother as well as PNC Bank also misstated the value of the upkeep
of my mother's home in New Cumberland and now since my mother's death, ! have
seen glaring questions in the utility bills and upkeep of this property. PNC Bank will
be scrutinized during their Guardianship of Estate and I have no doubt that they will
surcharged as will my brother for the financial losses of both estates. It cost almost
twice as much to take and keep my mother in Illinois than in her home. It is clear to me
that PNC has no idea of what was going on and you and Verney were duped and
my brother's puppets. I am not sure how Dave Brown, AJ Mendelsohn, your father and
you sleep at night as you watched my brother destroy this family.
Therefore, I am officially requesting that my share of the estate and Trusts be used
for the purchase of my family home at 623 Hilltop Drive, New Cumberland, PA. ! will
file a motion to contest any attempt you make to sell the house as I am a full
beneficiary and I will contest the Trusts, the estates as well as the property in Baltimore
which was never part of the Trust nor has it been probated accurately upon my father's
death._You, representing my brother as well as PNC each lied stating that this
Baltimore property was p~rt of the estate. To this date, I have not seen an appraisal
on this property nor did PNC comply with their mandates and complete a full
appraisal for their filing of my mother's net worth in June 2001.
Without a full accounting, an auditor's decision, an appraisal of 623 Hilltop Drive
and the Baltimore property as well as knowing the full share of my inheritance, I cannot
make a bona fide offer and the terms of the financial offer, i will file a motion to contest
my brother's attempt to ignore my father's wishes and his instructions when he was
alive and a grantor of his revocable Trust. Fred and Jane each have nice homes that
my parents helped them purchase. Why would Fred and Jane deny me the
opportunity to have the same as a child of my parents and one of their siblings? I am
not asking for any special treatment. There is also the question of my personal
property and that of the property which I inherited from my Aunt Florence that were
taken by Fred,Jane and PNC Bank who ultimately packed up three floors of my
personal possessions in my family home. How does my brother wish to handle the
property that he had Derr's throw out in June 2002 when PNC Bank was Guardian of
Estate? How does my brother intend to handle the distribution of my mothers' jewelry
which he has taken, the furniture in the family home which my parents gave to me in
1997 or settle with me in his refusal to even give me any moneys from 1998-2003 from
the Trust which my father established.
Fred already owes me $2500 from a September 2001 between Lindsay Baird
and Michael Kane. Fred now owes me $5,000 from Judge Bayley's decision of
May 2003. When does Fred who testified that he managed Mother's estate with
full receipts, etc. intend to comply with Judge Hoffer's court order? When will Fred
provide evidence that I stoic $185,000 within six months in 2000-2001 when you and
he had an incapacitated woman, my mother, sign a third version of her Trust? When
will Fred provide evidence that I stole $54,000 in 2000 and 2001 ? Please remember
that Fred testified and signed affidavits under oath and testified to information that he
cannot back up or provide evidence for. ! also will come forward with documents
and witnesses to prove that my brother lied not to speak of continued law suits
which l will file.
One solution to the sale of the property is for me to take the family home and
put the moneys for the sale of the home from the Trust and put these moneys in escrow
until the audit is complete and all beneficiary issues are resolved, tf the property is
selling for $175,000 for example, then ! will ask for this money to be placed in escrow
with a neutral bank until the audit is complete and the beneficiary disbursements are
decided. However, the price of mother's home must decided and if we cannot come
to a settlement with Fred and you attempt to sell my family home, then I am notifying
you that I will file a motion to stay the sale of mother's home.
I am also officially asking that a mediator be appointed as I feel that after five and
half years and my brother's refusal to. resolve or mediate this himself, that further
court litigation will only potentially end in the entire estate going to you, the banks
and other attorneys. My brother and sister surely must realize what continued and
protracted legal actions will cost the~ and how many more years they face in court
not to speak of out of pocket expenses they each might face. Up to now they have
ridden on my parents moneys, but faced with being surcharged and possible
convictions or continued civil suits, they might want to reconsider their actions at
this point in time and settle with me. My sister upon my investigation has taken
considerable property out of mother's home under PNC Bank's guardianship as well
as my brother's watch. This property was mine and also part of my inheritance. Jane
herself faces having to testify against Fred to save herself not to speak of the issues
who are all adults now.
t would appreciate a response to my letter and out of courtesy let me know if
Fred will take a hostile stance and attempt to place my mothers home on the market.
Please convey 'to Fred that i will BUY MY MOTHER'S HOME as my father intended
it to be disbursed. Ali Fred and I have to do now is decide on the price.
If I do not hear from you by Friday, August 8,2003 then t shall proceed to file my
motion to prevent the sale of the property. Please remember that the Superior Court
appeal will also be heard.
Richard, you can FAX me with your response to my attention at (717) 727-7116
on Friday, August 8,2003 as I will be out of town on Friday, August 8,2003 for the day.
Pro Se
717 Market Street,#317
LemoynePA. 17043
(717)503-5280
CERTIFICATE OF SERVICE
AND NOW, This ~',~'~day
.. of October ,2003, I hereby certify that ! have served
a true copy of the within document known as Petitioner, Marilyn Jo Gerber, Beneficiary
Under the Estates of Mildred J. Gerber and Fred E. Gerber,Sr., acting Pro-Se, Petition
for Stay of Proposed Sale of 623 Hilltop Drive, New Cumberland, PA. 17070, by
depositing a true and correct copy of the same in the U.S. Mail, postage prepaid,
addressed to:
Richard Rupp,Esquire
355 North 21st Street, Suite 205
Camp Hill,PA. 17011
Jane Gerber Heflin
270 North Garfield
Lombard,IL 60148
Ms, Jacqueline Verney,Esquire
44 South Hanover Street
Carlisle,PA. 17013
Ms. Joanne Christine, Esquire
Rhodes & Sinon
One South Market Square, 12 Floor
Harrisburg, PA. 17018
Mr. William Duncan,Esquire
One Irvine Row
Carlisle, PA 17013-'
DATE: ~~.7'/ ~