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HomeMy WebLinkAbout05-03-04 IN RE: MILDRED J. GEI:~,~R TRUST IN THE COURT OF COMMON PLEAS OF UNDER AGREEMENT D'~¥~D- ' ' ~ CUMBERLAND COUNTY, PENNSYLVANIA DECEMBER 19,1997 ORPHANS' COURT DIVISION NO. 21-2002-0540 IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF MILDRED J. GERBER. CUMBERLAND COUNTY, PENNSYLVANIA an Incapacitated Person ORPHANS' COURT DIVISION NO. 21-01-92 ANSWER TO OBJECTIONS OF PNC BANK, N.A. TO FIRST REQUEST FOR PRODUCTION OF DOCUMENTS OF MARILYN JO GERBER Marilyn Gerber, Pro Se files this Answer to PNC Bank's Objections to Marilyn Gerber's first Requests for Production of Documents as follows: 1. Denied as an erroneous conclusion of law. This is a frivolous objection as the information requested is common place and not work product or secret. 2. Denied. Marilyn Gerber requested documents for the Estate and Trust of Mildred J Gerber previous to March 23,2001 as PNC Bank cannot in their accounting account for the beginning balance of assets for Mildred J Gerber in March 23,2001 when they were appointed Guardian of Estate. During the Guardianship hearing, PNC Bank testified to assets and financial values of the estate of Mildred J. Gerber which are not reflected in their accounting from March 23,2001 and forward. Mildred J Gerber was also a beneficiary of the Fred E Gerber,Sr. Trust and PNC Bank in their accounting cannot identify where moneys came from when they assumed Guardian of Estate. Mildred J Gerber and Fred E. Gerber, Sr. had joint checking accounts and assets prior to March 23,2001. PNC Bank has financial records that will account and explain a "paper trail" of moneys that were taken from her account by Frederick E Gerber, II and PNC Bank. In June 2002, PNC Bank filed a Citation asking for an accounting for the Fred E Gerber, Sr. Trust as well as the Mildred J. Gerber Trust from Frederick E Gerber, Il. PNC filed Objections to this Accounting in August 2002. Judge Hoffer ordered an Auditor for these Objections in November 2002. Mr. William Duncan has already informed PNC Bank in a hearing on February 11,2004 that there will be overlap in the issues of both audits. The documents of Mildred J Gerber's checking account prior to March 23,2001 shall provide a financial picture of where Mildred J. Gerber's assets are in her estate and Trust since the death of her husband, Fred E Gerber,Sr. on February 22,1998. 3. Denied. Marilyn Gerber has not received monthly statements for both the Trust and Guardianship Accounts for Mildred J Gerber. From March 23,2001 until November 1,2002, PNC did not issue any information concerning the Accounts of Mildred J Gerber's estate of Trust. Despite repeated meetings with PNC advising them of her financial concerns from April 2001 until April 2002, PNC refused to issue any statements of Accounts. It was only after the Objections were filed by Marilyn Gerber and PNC Bank once information was released by Frederick E. Gerber, II of serious Trust violations during PNC Bank's Guardianship that abbreviated statements were sent to Marilyn Gerber. Marilyn Gerber has requested all receipts, debits and transactions supporting each entry in PNC's Account as their line entries are in total without monthly expenses or any proof of accounting. Marilyn Gerber's objections outline her questions to missing documentation of expenses as well as PNC's testimony in Court on December 16,2002 which does not support their Accounting. These receipts, debits and transactions are not extensive as Mildred J Gerber was elderly and did not have complicated and cumbersome or over broad expenses, receipts, debits or transactions. PNC would have to had organized these receipts, debits and transactions to prepare the Accounting and therefore are available and not burdensome to PNC. Without viewing of the original documents which made up this Accounting there cannot be any audit or verification. PNC is essentially asking the Petitioner and this Court to take their word for it. 4. Denied. PNC does not make it clear what documents Marilyn Gerber has requested. Again in reference to Fred E. Gerber, Sr's estate or Trust, these moneys became Mildred J Gerber's Trust and estate and will explain and document where the assets are or should have been when PNC Bank became Guardian of Estate on March 23,2004. To this day, PNC Bank cannot verify the assets of Mildred J Gerber's estate or Trust on March 23,2004 as they allowed Frederick E. Gerber, II to take funds from the estate and Trust of Mildred J Gerber and Fred E. Gerber,Sr. during PNC's Guardianship. Proof of this is that they filed for Accountings of both the Mildred J 2002 and this Court ordered an Audit of these two Trusts in November 2002. 5. Denied. PNC does not identify what is clearly available to Marilyn Gerber or what documents or information is referred to in this paragraph. In reference to statements for the Trust and Guardianship Account administered by PNC, the PNC Bank has not provided statements from the beginning of their Guardianship on March 23,2001. Marilyn Gerber and her attorney, Mr. Stanley Laskowski met with PNC Bank in April 2002, asking for financial receipts and accounting, over one year since their Guardianship. There are many missing documents and statements. 6. Denied. PNC does not clearly identify what document requests are vague and ambiguous that they cannot be interpretation. This is a frivolous objection only to confuse this Court. 7. Denied. PNC fails to identify which documents impose requirements to respond or supplement answers to interrogatories. Marilyn Gerber has only asked for receipts, debits, transactions and checking account statements and the front and back of each check. These documents do not require a response or answer to an interrogatory rather they support the line Accounting by PNC Bank. PNC in their last paragraph asserts that they shall continue to object to each and every request for Requests for Production. It is not clear how PNC shall know what document Marilyn Gerber will request in the future and if it will object able. :Marilyn Gerber interprets this last sentence to mean that PNC Bank has no intention of providing any documents for this audit ordered by this Court. This is an attempt to prevent or accomplish any discovery and suppress any evidence to Marilyn Gerber's objections for the estate and Trust of Mildred J Gerber. Marilyn Gerber is a full beneficiary of the estate and Trust of Mildred J Gerber and therefore this financial information is and cannot be secret and kept confidential to a beneficiary or in the final Accounting of the estate and Trust of the deceased, Mildred J Gerber. Wherefore, the Petitioner, Marilyn Gerber requests that PNC Bank's Objections DISMISSED and that PNC Bank be ordered to Produce Documents as requested by the Petitioner, Marilyn Gerber. 717 Market Street,~f'317 Lemoyne, PA 17043 (717) 503-5280 March 8, 2004 Ms Joanne Christine Rhoads & Sinon One South Market Square Harrisburg,PA 17018 Dear Ms. Christine: Per your request, I am enclosing the letter faxed to Mr. William Duncan on March 8,2004 listing the individuals and companies that I wish to depose. As you can see, I have listed Dave Brown, Denise Sollenberger, Carol Yon and the fund manager who actually administered, made decisions, and invested the moneys for the Mildred J Gerber Trust. I do not know who this individual is and request that you reveal this information to me so that I may depose him or her. If there is more than one individual, as if there was someone who invested and another individual who bought or sold stocks, bonds, assets, I request that you reveal everyone involved in the investment of this Trust since PNC became Guardian of Estate in March 2001. I am also officially requesting that PNC Financial Advisors provide to you all receipts, debits, transactions for any transactions for the Mildred J Gerber Trust and the Fred E Gerber,Sr Trust. Dave Brown and AJ Mendelsohn have promised these items to me and to my attorney, since April 2002. I am requesting detailed receipts that itemize all bills for Betra by the week, month, year along with records of times and who worked caring for my mother, as well as the same for Meritt in Lombard, Illinois and Sunrise Assisted Living. In PNC accounting, there is often just total amounts without weekly or monthly billing. I require the same of every other creditor who provided services to the Mildred J Gerber Trust as the lawn maintenance, Derr's, George Clouser, Wolfe and Associates,etc. For every line item in PNC's accounting, I am requesting receipts in full detail with name, address and telephone number of these receipts. Once I receive these receipts, I shall make an appointment to examine the original receipts in the files at PNC Financial Bank. I am also requesting copies of the checking account of Fred E Gerber,Sr. and Mildred J Gerber from 1997 to the end of each account with PNC Bank at any branch or office that they had checking accounts, credit cards, investment accounts. I am requesting monthly statements and the copies of front and back of each check written from 1997 to the end of each account that existed with PNC Bank for Fred E Gerber, Sr. and Mildred J Gerber. I am also requesting copies of signatures of any power of attorney for Fred E. Gerber,Sr. and Mildred J Gerber from 1997 to present and any documents which are in the possession of PNC Bank and PNC Financial Advisors for Fred E Gerber, Sr. and Mildred J Gerber relating to their personal or joint accounts or Trusts. It is my intention to depose the individuals from PNC in the second or third week of April after I have received all of the above requested items by the first week of April. PNC has had to organize all of the above requested items, receipts,debits and transactions in order to produce the accounting that was submitted to the Court in October 2003. Therefore, I do not foresee that PNC should stall in providing me with these records. If you have any questions about my requests, I ask that you call me as well as write to me so that I know what your intentions are. This matter has trailed for over two years and I am asking PNC to assist all the beneficiaries to come to closure on a very painful period. Delays, motions to the Court will only add unnecessary costs that deplete the inheritance of the beneficiaries and the intentions of our parents. I look forward to your response and call. Sincerely, Manlyn ~ierber CERTIFICATE OF SERVICE I hereby cerffy that on May 3, 2004, a true and correct copy of the foregoing documnet was served by means of the United States mail, first class, postage prepaid upon the following: Ms Joanne Christine Rhoads & Sinon One South Market Square Harrisburg, PA 17018 Mr. William Duncan One Irvine Row Carlisle, PA 17013 by., c"~"~' Marily~ Gerb~/, Pro/"Se