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HomeMy WebLinkAbout11-14-03 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS MILDRED J. GERBER, CUMBERLAND COUNTY, PENNSYLVANIA an Incapacitated Person ORPHANS' COURT DIVISION NO. 21-01-92 NO. 21-02-0540 ANSWER TO PETITION FOR APPROVAL OF ADVANCE DISTRIBUTION OF REAL ESTATE AND REQUEST FOR HEARING ON PETITION FOR STAY OF SALE OF PROPERTY 623 HILLTOP DRIVE, NEW CUMBERLAND, PENNSYLVANIA FILED OCTOBER 6,2003 AND REQUEST FOR HEARING ON PNC'S PETITION FOR DISTRIBUTION OF ABOVE PROPERTY. NOW COMES Petitioner, Marilyn Jo Gerber, eldest daughter of Mildred J. Gerber, an incapacitated person, and a full beneficiary to the Mildred J. Gerber Trust under agreement dated December 19,1997, and files the within Answer to Petition for Approval of Advance Distribution of Real Estate and Request for Hearing on Petition for Stay of Sale of Property 623 Hilltop Drive, New Cumberland, Pennsylvania filed October 6,2003 in this Court and Request for Hearing on PNC's Petition for Distribution of above Property. I. Admitted. 2. Admitted. 3. Admitted and Denied. It is true that Mildred J. Gerber left a Will dated August 2, 1999. It is averned that there are other Wills previous to the August 2,1999 and in the possession of Frederick E. Gerber, II and the firm of Rupp & Meikle. It is averned that the Will dated August 2,1999 was written under duress and pressure of her son, Frederick E. Gerber, Il. 4. Admitted. 5. Admitted. 6. Admitted and Denied. It is true that Mildred J. Gerber owns land with improvements situate in New Cumberland, Cumberland County, Pennsylvania and numbered as 623 Hilltop Drive, New Cumberland Borough, Cumberland County, Pennsylvania. Mildred J. Gerber also owns property in Baltimore, Maryland which is not mentioned or acknowledged by PNC Bank, the Guardian of Estate. 7. Admitted and Denied. PNC Bank did attempt to sell the real estate at 623 Hilltop Drive, New Cumberland, Pennsylvania following a hearing by Order dated December 16,2002. PNC Bank failed to admit to this Court on December 16,2002 that there was no buyer and during the hearing on December 16,2002 this Court inquired if this Petitioner wished to purchase this property. The Petitioner answered affirmatively but this Court was led to believe that there were buyers known as Mr. & Mrs. Timothy Losh who had in fact pulled out of the sale on December 15,2002. In fact, PNC Bank lied to this Court and prevented the sale of this home to the Petitioner who attempted to admit documents to prove that this property was given to her by her father in January 1998. This matter is under appeal in the Superior Court of Pennsylvania, Middle District on November 18,2003. 8. Denied. Upon the death of Mildred J. Gerber, on January 14,2003, PNC Bank's position as Guardian of Estate became null and void. Frederick E. Gerber, II was named the Executor and Trustee of the Mildred J. Gerber Trust. PNC Bank filed papers with this Court to terminate its involvement with the Mildred J. Gerber Trust as Guardian of Estate and informed the auditor, William Duncan, Esquire on June 25,2003 by its attorney, Ms. Joanne Christine that it was no longer acting in any capacity as Guardian of Estate and that Frederick E. Gerber, II had only asked PNC Bank to continue to manage the financial assets of Mildred J. Gerber. PNC Bank has refused to participate in any further hearings on the very Accounting that PNC Bank initiated with this Court which included their filing objections to the Accounting of the Mildred J. Gerber Trust and the Fred E. Gerber Trust on August 27,2002. 9. Denied. PNC Bank has no authority in the distribution of the property of Mildred J. Gerber as they are no longer the Guardian of Estate and it is the opinion of the Petitioner that this is an acrimonious attempt by Dave Brown of PNC Financial Advisors to "distribute" this property as they were defeated in their attempt to sell this property on December 16,2002. PNC Bank is aware that the Petitioner has filed a Motion to Stay the sale of this property on October 6,2003 that this Court has not heard yet. PNC Bank is aware that there is For Sale sign in front of 623 Hilltop Drive, New Cumberland, Pennsylvania and therefore this Petitioner must ask under whose authority this has occurred? The Petitioner has made her offer to purchase this property and assume ownership under the terms of her father, Fred E. Gerber, Sr. This was done in June 2002 to Mr. Richard Rupp. 10. Denied. The Petitioner averns that PNC Bank has no authority to distribute this property to the Executor or petition that the sale proceeds be held in escrow until the confirmation of the Guardianship Account. This is a veiled attempt for PNC Bank to continue to hold the financial assets of this Trust which they have mismanaged and have refused to account for the assets of this estate and Trust for two years. Despite numerous requests, PNC Bank has refused to provide receipts, debits or transactions to the Petitioner, a full beneficiary. If PNC Bank is authorized to hold the sale of this property in escrow, it is entirely possible that the proceeds shall be be mismanaged and additional fees shall be incurred by the estate and Trust. 11. Denied. This property was given to the Petitioner in January 1998. 12. Denied. PNC Bank has no authority to sell this property as they are no longer the Guardian of Estate and the property is not for sale as it was given to the Petitioner in January 1998. 13. Denied. This property was given to the Petitioner on January 1998 upon the death of Mildred J. Gerber. 14. Denied. The Executor many not proceed with the sale of the property as this property was given to the Petitioner on January 1998. 15. Denied. PNC Bank states that there are expenses of maintaining the Real Estate. PNC Bank on October 1,2002 emptied this property of all possessions of Mildred J. Gerber and those of the Petitioner. This property has sat empty for one year. Prior to October 1,2002, this property sat empty from December 23,2001 until October 1,2002 furnished with the possessions of Mildred J. Gerber and those of the Petitioner. As Guardian of Estate, PNC Bank was charged with income producing duties which they fail to produce for two years. This property could have been rented and was not. Instead, PNC Bank has continued to charge management fees for this property for which many times there was no management. This property could be rented until the distribution of this property is decided. The Executor of this Estate and Trust has not been heard from since May 2003 and is out of the country in Iraq and Kuwait since June 15,2003. The Petitioner has filed a Motion to Stay the Sale of this Property on October 6,2003. The Petitioner is seriously concerned as to whether the Executor is aware of PNC's proceedings and if the Executor is aware of PNC's petition then Marilyn Gerber objects to this attempt as a tactic to take this property from Marilyn Gerber. REQUEST FOR HEARING OF PETITION FOR STAY OF SALE OF PROPERTY, 623 HILLTOP DRIVE, NEW CUMBERLAND, PENNSYLVANIA AND REQUEST FOR HEARING ON PNC'S PETITION FOR DISTRIBUTION OF PROPERTY 16. Petitioner on October 6,2003, filed a Petition for Stay of Sale of property at 623 Hilltop Drive, New Cumberland, Pennsylvania in this Court. In this Petition the Petitioner outlined her objections to the sale of this property based on the argument and facts that the Petitioner had been given this property by her father, Fred E. Gerber, Sr in January 1998. The Petitioner has also made her bid and answered the request by Mr. Richard Rupp, Esquire if she desired to purchase the property. The Petitioner answered affirmatively that she indeed wished to purchase this property as well as she had been given this property in 1998. 17. Petitioner has requested a hearing on this matter and Petition filed on October 6,2003. 18. Petitioner offers all of the points outlined in the Petition for Stay of Sale of this property as objections to PNC Bank's Petition for Approval of Advance Distribution of Real Estate. 19. Petitioner requests a hearing on the Petition for Stay of Sale of this Property and a hearing on the Petition by PNC Bank. WHEREFORE, Petitioner, Marilyn Gerber respectfully requests that this Court deny the Petition for Approval of Advance Distribution of Real Estate and order a hearing on this matter. WHEREFORE, Petitioner respectfully requests that this Court issue an order to Stay the Sale of the property and order a hearing on this matter filed on October 6,2003. Lemoyne, PA. 17043 (717)503-5280 CERTIFICATE OF SERVICE I hereby certify that on the /'~/'~day of November,2003, a true and correct copy of the Answer to the Petition of Advance Distribution of Real Estate and Request for Hearing of Petition for Stay of Sale of Property and Request for a Hearing on Petition for Stay of Sale of Property and Request for a Hearing on the Petition for Approval of Advance Distribution of Real Estate was served by means of United States mail, postage prepaid, upon the following: Ms. Joanne ChristineEsquire Rhoads & Sinon One South Market Square PO Box 1146 Harrisburg,PA 17018 Mr. Richard Rupp, Esquire 355 North 21 st Street, Suite 205 Camp Hill,PA 17011 Jane N. Heflin 270 N Garfield Street Lombard, IL 60148 BY~a~ Date: ~['~f '~-~-'~