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HomeMy WebLinkAbout09-20-04IN 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 IN RE: MILDRED J. GERBER TRUST IN THE COURT OF COMMON PLEAS OF UNDER AGREEMENT dated CUMBERLAND COUNTY, PENNSYLVANIA December 19, 1997 ORPHANS' COURT DIVISION NO. 21-2002-0540 MOTION TO COMPEL FREDERICK E. GERBER,II TO PRODUCE MARILYN GERBER'S REQUEST FOR PRODUCTIO .N:~.. DATE~R DOCUMENTS TO FREDERICK E. GERBER, II IL 26,2004 AND SERVED UNDER SUPOENA BY A SI'~.RIFF: OF CUMBERLAND COUNTY ON MAY 3,2004 Marilyn Gerber,Pro Se files this Motion to Compel Frederick E. Gerber~l to P~'Oduce Marilyn Gerber's Request for Production of Documents to Frederi~k'E. Ge~ber, ll, d~t~ed April 26,2004 and served under supoena by a Sheriff of Cumberland County on May 3,2004 as follows. 1. Frederick E. Gerber's attorney, Richard Rupp, Esquire filed with this Court a Reply to Request for Production of Documents on September 3,2004. Richard Rupp does state that this reply is a petition for objections to Marilyn Gerber's Request for Production of Documents however in his 36 paragraphs numbered 1-36, he starts each paragraph under each number with Objection. It is unclear whether this is an attempt to confuse the Petitioner and this Court. Nevertheless despite an order by William Duncan, Auditor that all answers for discovery were to be completed by Frederick E. Gerber,II on September 3,2004, Frederick E. Gerber, II failed to answer and send documents for Marilyn Gerber's 36 paragraphs of request for documents. 2. Richard Rupp further begins each of his 36 paragraphs with the exact same sentence stating that he does not believe that Marilyn Gerber's request for production of documents are part of the original discovery requests but were added by Marilyn Gerber and integrated her requests with her prior discovery request and sent it under a cover letter on or about August 24,2004, approximately one week prior to the agreed upon responsive date for the Respondent. Richard Rupp states further that he objects to this request YET he captions his answer as a Reply to Request for Production of Documents. This Petitioner can only state that she served upon Frederick E. Gerber, II by way of his attorney, Richard Rupp, Esquire a proper request for production of documents that included 36 paragraphs requesting documents. These 36 paragraphs were dated April 26,2004 and served by a Sheriff of Cumberland County on May 3,2004. Richard Rupp in his Reply to Request for Production of Documents dated September 3,2004 refers to Marilyn Gerber's original 36 paragraphs by answering and referring to these EXACT 36 paragraphs. Therefore it is Denied that Marilyn Gerber changed or integrated new discovery requests with the original discovery requests under a new cover letter dated August 24,2004. 3. Frederick E. Gerber, II filed with this Court on May 12,2004 objections of my supoenas served on Frederick E. Gerber,Il. Richard Rupp evoked the Soldiers and Sailors Relief ACt for Frederick E. Gerber, Il. Richard Rupp failed however in his Motion to Quash Supoenas dated May 12,2004, to cite the title of the supoenas by name. 4. This Petitioner filed a motion for reconsideration of the Soldiers and Sailors Relief ^ct which was granted to Frederick E. Gerber, II in late 2003 by this Court. This motion was heard by William Duncan who was appointed by this Court to hear this motion on August 3,2004. At this hearing, Frederick E. Gerber, II waived his privilege of the Soldiers and Sailors Relief Act and made himself available for deposition and to answer discovery as had been served upon him by Marilyn Gerber for the matter of Marilyn Gerber's objections which she filed on the Accounting of PNC Bank for the Estate and Trust of Mildred J Gerber. William Duncan ordered Frederick E. Gerber, II to answer discovery for the Objections of PNC Bank's Accounting by September 3,2004. 5. Marilyn Gerber sent a letter to Richard Rupp on August 24,2004 with a copy of the original request for production of documents dated April 26,2004 as a reminder of discovery that had to be completed by September 3,2004. 6. Richard Rupp sent to Marilyn Gerber on September 3,2004 only partial documents to her request for production of documents along with a 17 page document entitled REPLY TO REQUEST FOR PRODUCTION OF DOCUMENTS also dated, September 3,2004. In this document, Richard Rupp OBJECTS to each and every question of Marilyn Gerber's request for production of documents and provides documents that are unreadable, blackened out, redacted, documents that are over laid upon each other, documents on both sides of a page which will require Marilyn Gerber to recopy these documents, missing financial statements, documents that are only partially reproduced without reference or date or identification of account numbers, or names of authors. Richard Rupp also failed to provide copies of all entries and receipts, debits or transactions to support the Accounting as ordered by this Court for 2002 for the Trust of Mildred J Gerber. Richard Rupp failed to provide copies of all receipts for expenses spent for the Estate or Trust of Mildred J Gerber for the period of Accounting from March 2001 to October 2003 as submitted by PNC Bank for the Estate and Trust of Mildred J Gerber. Richard Rupp failed to provide any copies of receipts including billable hours for all legal expenses incurred for the Mildred J Gerber Trust or Estate from March 2001 to October 2003 yet he does provide copies of checks written without any accounting of purpose, activity or billable hours. Richard Rupp fails to provide any tax accounting for the Estate and Trust of Mildred J Gerber for the period of March 2001 to October 2003. 7. If Richard Rupp's document entitled REPLY FOR REQUEST FOR PRODUCTION OF DOCUMENTS dated September 3,2004 is in fact ONLY a reply and not a petition of Objections to Marilyn Gerber's Request for Production of Documents then it can only be surmised that this is a reply and Richard Rupp has WAIVED any Objections to the Request for Production of Documents. 8. If Richard Rupp's document entitled REPLY FOR REQUEST FOR PRODUCTION OF DOCUMENTS dated September 3,2004 is in fact a petition of Objections to Marilyn Gerber's Request for Production of Documents then the Petitioner hereby answers each of the 36 paragraphs of this original document dated April 26,2004 as follows: PARAGRAPH: (1-36) 1. Denied. This is the original question for request for production of documents and such request for receipts of airline tickets, rental cars, hotel accommodations for travel to see Mildred J Gerber does indeed fall under the Accounting of PNC Bank for March 2001 to October 2003. 2. Denied. This is the original question for request for production of documents and such requests were not vague but were specific in requesting copies of all receipts, debits, transactions, checking accounts by month, insurance statements, medical bills, food bills, clothing bills, car bills, on all purchases or anything related to Mildred J Gerber including legal bills are indeed relevant to the Estate and Trust of Mildred J Gerber from March 2001 to October 2003. Despite PNC being appointed the Guardian of Estate for Mildred J Gerber and then her Trustee of her Trust, Frederick E. Gerber, II continued to pay bills, write checks and take funds out of the Mildred J Gerber Trust and Fred E. Gerber, Sr. Trust for the care of Mildred J Gerber. Legal bills are not attorney-client privilege. PNC Bank submitted all their legal bills for the management of the Mildred J Gerber Estate and Trust. Frederick E. Gerber is and has been the Trustee and Executor of the Mildred J Gerber Estate and Trust and therefore all legal bills for these above matters are fully disclosable especially since there are beneficiaries. Frederick E. Gerber, II has failed to provide complete sets of banking statements from Charles Schwab, monthly checking accounts that he wrote checks from are completely missing; receipts are blacked out, redacted; receipts are partially photocopied; receipts are overlaid onto other receipts, documents are copied on both sides of a page and unrelated; all legal bills are missing and do not include all requested financial information for the periods March 2001 to October 2003 from the Mildred J Gerber Trust or the Fred E. Gerber,Sr. Trust. 3. Denied. This is the original question from the original request for Production of Documents. Again, Frederick E. Gerber fails to provide complete sets of documents as listed in Paragraph #2 and especially for the periods March 2001 to October 2003 for any financial expenses or information as the Executor, Trustee or Guardian of Person for Mildred Gerber, her Estate or Trust. 4. Denied. This is the original question from the original Request for Production of Documents. Again, Frederick E. Gerber fails to provide complete sets of documents as listed in Paragraph #2 and provides no financial accounting for year 2002 for the Mildred J Gerber Trust as ordered by this Court or any financial accounting for the year 2002 for the Fred E. Gerber,Sr. Trust. 5. Denied. This is the original question from the original Request for Production of Documents. Again, Frederick E. Gerber fails to provide complete sets of documents as listed in Paragraph//2. 6. Denied. This is the original question from the original Request for Production of Documents. This request does fall under the time period of PNC Bank's Accounting for the Estate of Mildred J Gerber and Trust of Mildred J Gerber from March 2001 to October 2003. Mildred J Gerber died January 14,2004 and Frederick E. Gerber, II attempted to act as Trustee but also the Executor for Mildred J Gerber during the time period of 2003. 7. Denied. This is the original question from the original Request for Production of Documents. Frederick E. Gerber,II has failed to provide any checking account ledgers for Mildred J Gerber financial accounts as well as copies of front and back of each check written. 8. Denied. This is the original question from the original Request for Production of Documents. Frederick E. Gerber,II filed losses on Federal Income Taxes for losses sustained by assets and investments. In Accounting provided for the Mildred J Gerber Trust from 1998 to 2000, Frederick E. Gerber lists losses yet fails to itemize the source of these losses which he is responsible for as a fiduciary Trustee and for which he filed Federal Income Taxes listing losses for Mildred J Gerber. In Accountings for the Mildred J Gerber Trust, Frederick E. Gerber, II also lists individual investments, shares, funds,etc, yet fails to list the value of the stock and losses taken and the reason and source of the margin interest payments. The Charles Schwab monthly statements are not complete. 9. Denied. This is the original question from the original Request for Production of Documents. Frederick E. Gerber, II was the sole manager of the investments and not Charles Schwab therefore he would have to have an accounting of the losses he incurred and also he filed these losses on Federal Income Tax forms for Mildred J Gerber. 10. Denied. This is the original question from the original Request for Production of Documents. Frederick E. Gerber, II fails to provide a copy of the back of each check for the Trust of Mildred J Gerber. Frederick E. Gerber fails to provide copies of checks from the Estate of Mildred J Gerber as well as copies of the checks front and back. 11. Denied. This is the original question from the original Request for Production of Documents. Frederick E. Gerber,II had an extensive list of items tangible or intangible in the home of Mildred J Gerber as Executor and Trustee of the Estate and the Trust of Mildred J Gerber. Frederick E. Gerber,II also has knowledge of items removed from the home of Mildred J Gerber especially during the time period of January 13,2001 to present. During PNC Bank's Guardianship of Estate, Frederick E. Gerber II did indeed continue to remove items from the home of Mildred J Gerber especially in 2001 and 2002. As Executor and Trustee for Mildred J Gerber, Frederick E. Gerber, II would be responsible for a complete inventory of her assets, tangible or intangible. Frederick E. Gerber, II has failed to provide such a list. 12. Denied. This is an original question from the original Request for Production of Documents. Frederick E. Gerber, II during the period of time that PNC Bank was the Court appointed Guardian of Estate hired Deer's to remove 2 truckloads of tangible property from the home of Mildred J Gerber without the knowledge or permission of PNC Bank. Mildred J Gerber did not have at any time 2 truckloads of what is commonly understood as trash. Frederick E. Gerber, II did not have authority to remove any item and in order to do so he would had to have picked out each tangible item to decide to remove it. Frederick E. Gerber, II has failed to provide a list of any item of the two truckloads that was removed. 13. Denied. This is an original question from the original Request for Production of Documents. Frederick E. Gerber,II as Executor and Trustee for Mildred J Gerber filed Federal Income Taxes for Mildred J Gerber and has failed to provide copies of any Federal or State Income Tax, copies of documents to produce these Federal and State Income Tax reports especially for the time period of 2001 to 2003. 14. Denied. This is an original question from the original Request for Production of Documents. Frederick E. Gerber, II has failed to provide copies of all accounting reports performed by any accountant or CPA for Mildred J Gerber. PNC Bank did not prepare the Federal or State Income Taxes for Mildred J Gerber as they were prepared by the accountant of Gilliland and Associates in Virginia and managed by Frederick E. Gerber, II during the period of PNC's Guardianship from Mamh 2001 to October 2003. Frederick E. Gerber,II has failed to provide any accounting reports for the Estate or Trust of Mildred J Gerber. 15. Denied. This is an original question from the original Request for Production of Documents. Frederick E. Gerber, II has failed as fiduciary of the income from the property of the Baltimore property to provide a list as he would be responsible to do for the monthly rents from this property. He fails to provide any documents to indicate where these moneys were deposited along with financial statements yet in his financial he did keep an accounting of these rental incomes. He fails to provide andy financial date on how much was ever given to Mildred J Gerber Frederick E. Gerber, II transferred moneys to PNC Bank from the rental income to Mildred J Gerber. Mildred J Gerber also received moneys from this rental property from 1998 to present. Frederick E. Gerber, II has never stated or proved in which Trust this rental property was funded or if it was ever funded. It is believed that this rental property was part of the Mildred J Gerber Estate upon her husband's death in February 1998. Frederick E. Gerber, II continues to refuse to provide documents on this property and it's rental income. 16. Denied. This is an original question from the original Request for Production of Documents. Frederick E. Gerber, II as Executor and Trustee for Mildred J Gerber and Fred E. Gerber,Sr. has failed to provide an accounting of the moneys in the Mildred J Gerber estate from 1998 to present. Frederick E. Gerber, II consistently mixed up income and disbursements between Mildred J Gerber's estate during her lifetime, her Trust and the Trust of Fred E. Gerber, Sr. To this day, it is not known where the moneys from insurance policies were ever deposited, to whom they were designated for as beneficiaries and as the Estate of Mildred J Gerber pours over into her Trust, it is essential to understand what the beginning balances were for Mildred J Gerber from her husband's death until the present. Frederick E. Gerber, Il refuses to provide any documentation on this. PNC Bank cannot verify the Estate of Mildred J. Gerber due to this fact. 17. Denied. This is an original question from the original Request for Production of Documents. Frederick E. Gerber, II as Executor and Trustee for Mildred J Gerber and Fred E. Gerber,Sr. has consistently mixed up transactions and debits from each of the Estates and Trusts of Mildred J Gerber and Fred E. Gerber,Sr. There is no clear accounting from the death of Fred E. Gerber,Sr. in February 1998 what the joint assets were in cash, investments, checking accounts and what Mildred J Gerber had in cash, investments from 1998 to her death on January 14,2003. Without this information, PNC Bank and the beneficiaries cannot verify the assets of Mildred J Gerber, her estate or Trust or the Estate or Trust of Fred E. Gerber,Sr. Frederick E. Gerber has refused to provide this information. The response is inadequate as a Request for Production of Document does not include an instruction for the Petitioner to go find it herself. 18. Denied. This is an original question from the Request for Production of Documents. This question requests information on the initial assets which funded the Mildred J Gerber Trust. PNC Bank cannot verify the Accounting as they also do not have this information. Frederick E. Gerber, II has refused to provide information on the initial funding of this Trust in order to discover the accurate amount of moneys for the beneficiaries inheritance. 19. Denied. This is an original question from the Request for Production of Documents. This question is relevant as PNC Bank cannot verify if any of her insurance policies were part of her Estate and poured over into her Trust. Frederick E. Gerber, II refuses to identify these documents. PNC Bank continues to be Guardian and Trustee for Mildred J Gerber and her Estate even after her death and therefore this information is relevant for their Accounting from March 2001 to October 2003. 20. Denied. This is an original question from the Request for Production of Documents. This question is relevant as PNC Bank continued to be involved with the sale of the home of Mildred J Gerber at 623 Hilltop Drive, New Cumberland and they incurred legal bills through their attorneys regarding the sale of this property as well filed a motion in this Court that the moneys from the sale of this property would be placed in escrow pending the final distribution of the Estate and Trust of Mildred J Gerber. There is also a motion filed in Court as to the legal right of this property as filed by Marilyn Gerber and this Motion has not been heard. Frederick E. Gerber has refused to provide any information on this sale. 21. Denied. This is an original question from the Request for Production of Documents. Frederick E. Gerber, II has provided one copy of a letter from Fred E. Gerber,Sr which he had to have removed from the home of Mildred J Gerber and Fred E. Gerber, Sr. Frederick E. Gerber states in other documents he provided to this Petitioner that he has many documents from Fred E. Gerber and it is believed from Mildred J Gerber as well. If he does not provide these documents then he shall be precluded from submitting any documents in the future in this Court in these matters. 22. Denied. This is an original question from the Request for Production of Documents. Frederick E. Gerber, II is the Trustee for the Mildred J Gerber Trust and Documents. Petitioner is requesting phone bill charges requested by Frederick E. Gerber, II and charged for Mildred J Gerber. 25. Denied. This is an original question from the Request for the Production of Documents. PNC Bank was the Guardian of Estate and Trustee for Mildred J Gerber from March 2001 to October 2003 Accounting. PNC Bank has supplied the billable hours and legal fees for their services, however PNC Bank has noted that Frederick E. Gerber, II continued to write checks despite that he was not the Guardian or Trustee for Mildred J Gerber. Frederick E. Gerber, II must account for the legal fees and designate for what purpose they were incurred as a fiduciary. Legal fees for a Guardian or Trust are not attorney-client privilege as they are part of the accounting for a Guardian or Trust and especially when there are beneficiaries involved. The Petitioner has a right to know how and for what purpose legal fees were incurred especially when Frederick E. Gerber, II was no longer the Trustee or the Guardian of Estate and had no power to write checks or make fiduciary decisions. 26. Denied. This is an original question from the original Request for Production of Documents. Ms Jacqueline Verney was hired by Frederick E. Gerber in January 2001 for the specific purpose of representing Mildred J Gerber during Frederick E. Gerber,II attempt to be appointed as Guardian of Estate. She again was present in Court for Frederick E. Gerber, IFs attempt to be appointed Guardian of Person. This is the only time that Ms Verney represented Mildred J Gerber. PNC Bank represented Mildred J Gerber from March 2001 to present for her Estate and Trust. A suspicious and questionable third amended version to the Mildred J Gerber Trust was drawn up in late January 2001 when Mildred J Gerber was diagnosed with Alzheimer by several physicians. Frederick E. Gerber, Il was the Executor of the Mildred J Gerber estate, her Power of Attorney and Trustee of her Trust. Frederick E. Gerber, II in many court appearances in this Court has testified that he kept meticulous records of her finances. Frederick E. Gerber,II was the only individual to have access to the Mildred J Gerber Trust. Marilyn Gerber did not have any access at any time to $185,000 of moneys nor did she take this amount from the Trust in the six months from July 2000 to January 2001. There is no documentation that she took these moneys. Frederick E. Gerber, II as Trustee is responsible to provided documents for this amended version and it is believed that he initiated this third amended Trust in late January 2001 that essentially removed Marilyn Gerber as a beneficiary. In recent discussions between Frederick E. Gerber, II and Marilyn Gerber, Frederick E. Gerber,II has offered to change this third Trust agreement which only indicates great doubts that a $185,000 was ever taken. Mildred J Gerber who suffered from Alzheimer in 2000 and 2001 could never have engaged Ms Verney or entertained an amended third version of her Trust much less come up with any financial amount. Frederick E. Gerber, II is requested to provide documents to support this amended Trust as his Accounting for 2000 and 2001 for the Mildred J Gerber Trust does not reflect any debits for the amount of $185,000. Frederick E. Gerber, II fails to provide documents. 27. Denied. This is an original question from the original Request for Production of Documents. My argument is the same for this request as outlined in paragraph # 26 above. Frederick E. Gerber, II fails to provide documents. 28. Denied. This is an original question from the original Request for Production of Documents. Frederick E. Gerber,II who was not the Guardian of Estate from March 2001 to October 2003, continued to write checks for medical care of Mildred J Gerber despite PNC Bank informing him to stop. Mildred J Gerber is deceased and her medical care, medical bills and medical insurance are relevant as Frederick E. Gerber, II continued to make decisions when he was not the Guardian of Person for Mildred J Gerber as well as make financial medical decisions for Mildred J Gerber which impacted the financial accounting that PNC Bank was responsible for. Frederick E. Gerber,II fails to provide documents. 29. Denied. This is an original question from the original Request for Production of Documents. Frederick E. Gerber, II continued to incur legal fees surrounding the Estate and Trust of Mildred J Gerber. Frederick E. Gerber,II was no longer the Guardian of Estate or Trust for Mildred J Gerber yet he paid the law firm of Rupp & Meikle from 2001 to October 2003. Frederick E. Gerber, II is responsible to show why he incurred such legal bills especially when PNC Bank was Guardian of Estate. The legal fees for a Guardian are not attorney-client privilege but part of the public Accounting. Frederick E. Gerber,II has failed to provided billable hours, fees from the law firm of Rupp & Meikle. 30. Denied. This is an original question from the original Request for Production of Documents. Frederick E. Gerber failed to provide copies of the back of any checks that were submitted to Marilyn Gerber. Frederick E. Gerber indicated on several of the documents that checks were loans yet he does not provide any loan agreements related to any checks written. He does not indicate if interest rates are accruing, or if any loans have been repaid and who is responsible for these loan repayments. Frederick E. Gerber, Il also fails to list tangible items that were removed from the Estate of Mildred J Gerber. 31. Denied. This is an original question from the original Request for Production of Documents. Frederick E. Gerber, II regularly communicated with Jane Heflin regarding Mildred J Gerber. Jane Heflin regularly incurred expenses from March 2001 to October 2003 and was paid, despite the fact that Frederick E. Gerber, II was not the Guardian of Estate. Petitioner knows that they communicated by e-mail, fax, letter and requests copies of all such correspondence. This is not an over broad and irrelevant question and is self explanatory. 32. Denied. This is an original question from the original Request for Production of Documents. Frederick E. Gerber, II had bills sent to him from Meritt homelier in Lombard and other medical homelier agencies from March 2001 to October 2003 despite that he was not the Guardian of Estate. Some of the documents which were provided to the Petitioner refer to such bills yet Frederick E. Gerber, II does not provide such bills or copies of any checks that paid. 33. Denied. This is an original question from the original Request for Production of Documents. Frederick E. Gerber, II incurred large legal bills from March 2001 and October 2003 regarding Mildred J Gerber despite the fact that he was not the Guardian of Estate. Frederick E. Gerber, II engaged Dr. Pauline Weiner to act as a negative witness regarding Marilyn Gerber despite the fact that this Court ordered Marilyn Gerber to visit Mildred J Gerber from 2002 up until her death. Costs were incurred that would have to be paid from the Estate or Trust of Mildred J Gerber. Dr. Weiner NEVER even saw or evaluated Marilyn Gerber therefore there had to be correspondence and communication from Frederick E. Gerber, Il to Dr. Weiner. PNC Bank does not have any such documents. 34. Denied. This is an original question from the original Request for Production of Documents. Frederick E. Gerber, II sent lengthy communications regarding Marilyn Gerber when she visited Mildred J Gerber under court order from this Court. Michele Herold was in receipts of these communications. Large legal fees were accrued by Frederick E. Gerber, Il which have not been accounted for 2002, 2003 when PNC was the Guardian of Estate and PNC does not have the bills and accounting for these bills. Frederick E. Gerber, II fails to provide these documents. 35. Denied. This is an original questions from the original Request for Production of Documents. Frederick E. Gerber, II reimbursed Jane Heflin for expenses yet fails to provide complete bills, complete receipts, from March 2001 to October 2003 despite the fact that he was not the Guardian of Estate. 36. Denied. This is an original document from the original Request for Production of Documents. Frederick E. Gerber, II fails to provide bills with dates for any Senior Day Care for 2002 when he directed the care of Mildred J. Gerber. 35. (This number should be #37, was a typographical error) Frederick E. Gerber fails to respond to this question therefore it must be assumed that he does not object to this question. In the event that he does object to this question, this is an original question from the original Request for Production of Documents. Frederick E. Gerber, II fails to provide information as to the original funds, the amount and which funds or assets funded the initial Trust of Fred E. Gerber,Sr. Frederick E. Gerber, II through his attorney Richard Rupp has employed every tactic in the past two years to delay the accounting of the Estate and Trust of Mildred J Gerber. Frederick E. Gerber, II employed the Soldiers and Sailors Relief Act in May 2004 when it is believed by Marilyn Gerber that he was indeed available for deposition and wa~available to provide answers to her Request for Production of Documents. Frederick E. Gerber, il finally WAIVED his Soldiers and Sailors Relief Act on August 3,2004 at a hearing before William Duncan, Auditor for the PNC Accounting from March 2001 to October 2003. Frederick E. Gerber, II was given until September 3,2004 to answer this discovery request. The hearing for the PNC Accounting is September 27,28,2004. Frederick E. Gerber, II again continues to defy and act contemptuously before this Court in providing incomplete documents, redacted documents, blackened out documents, unreadable documents which he has had since 2001. He fails to provide the checking ledgers for any checks written, copies of the backs of any check, some of the checks are unreadable and fails to provide the checking account statements for the checks that he does write. He also fails to provide the checking account number of the checks he wrote. There are missing statements from Charles Schwab monthly statements without explanation. Frederick E. Gerber, II continues to fail to provide financial information for a considerable fortune of legal fees that were incurred by him even though PNC Bank was the Guardian of Estate from March 2001 to October 2003. Frederick E. Gerber, II fails to provide any accounting for 2002 despite the court order by this Court in June 2002. Frederick E. Gerber, II in objecting to every request for production of documents explains his objections explains his objections that they extend past the Respondent's ending date of the Accounts filed by the Respondent. What I understand this statement to mean is that Frederick E. Gerber, II is referring to his Accounting of the Mildred J. Gerber Trust and the Fred E. Gerber,Sr. Trust from 1998 to 2001. HOWEVER, Marilyn Gerber's supoena for the Request for Production of Documents was for the Accounting by PNC Bank which is for the period of March 2001 to October 2002. It is clear in the documents provided by PNC Bank in their deposition on May 20,2004, that Frederick E. Gerber, II CONTINUED to write checks, order wire transfem from the Mildred J Gerber Trust and dispersed funds from the Fred E. Gerber,Sr. Trust for Mildred J Gerber when he WAS NOT the Guardian of Estate and was continually instructed and ordered by PNC Bank to stop these actions. THEREFORE, Frederick E. Gerber, II must comply with Marilyn Gerber's Request for Production of Documents and answer questions also from the time of March 2001 to October 2003. Marilyn Gerber is a full beneficiary of the Estate and Trust of Mildred J Gerber and Fred E. Gerber,Sr Trust and is intitled to full disclosure of financial information. WHEREFORE, the Petitioner, Marilyn Gerber requests that Frederick E. Gerber, II be ordered to answer and provide ALL documents as served upon him by Marilyn Gerber known as the Request for Production of Documents, dated April 26,2004. It is requested that Marilyn Gerber receive ALL documents in complete format, without any redaction, without any blackening out of data, and all receipts shall be provided in their original format of information. It is further requested that Frederick E. Gerber, II allow Marilyn Gerber to view the ORIGINAL documents in their entirety without any redaction, blackening out of data and in complete format of information. Respectfully submitted, Marilyn Gerber, Pm Se 717 Market Street,,f'317 Lemoyne, PA 17043 717 503-5280 CERTIFICATE OF SERVICE I hereby certify that on September 20,2004, a true and correct copy, of the foregoing, "Motion to Compel Frederick E. Gerber, II to Produce Marilyn Gerber's Request for Production of Documents dated April 26,2004 and Served by a Sheriff of Cumberland County on May 3,2004", was served by means of the United States mail, first class, postage prepaid or was hand delivered at a conference on September 20,2004 in William Duncan's office upon the following: Mr. Richard Rupp 355 North 21 st Street Camp Hill, PA 17011 Mr. William Duncan One Irvine Row Carlisle, PA 17013 Ms Joanne Christine Rhoads & Sinon One South Market Square Harrisburg,PA 17108 BY Marilyn(~erber ~/ /r April 26,2004 Frederick E Gerber, II c/o Richard Rupp,Esquire 355 North 21 st Street Camp Hill, PA 17011 TO: Frederick E Gerber, II You are hereby commanded to produce copies of the following document requests concerning the estate and Trust of Mildred J Gerber and Fred E Gerber,Sr. I. Copies of all airline tickets, rental cars, and hotel accommodations for travel to Illinois to see Mildred J Gerber at any time. 2. Copies of all receipts, debits, transactions, checking accounts by month, Investments accounts, insurance company statements, medical bills, food bills, clothing bills, car bills, or any receipt for anything relating to purchases by or for Mildred J Gerber from 1998 until the present. This includes all bills for attorney fees. 3. Copies of all receipts, debits, transactions, checking accounts by month, investment accounts, insurance company statements paid by you for Mildred J Gerber as her Executor, Trustee, or Guardian of Person from 1998 until the present. This includes all bills for attorney fees. 4. Copies of all receipts, debits, transactions, checking accounts, bills of any nature that were used to produce the Accounting that was submitted to the Court for Mildred J Gerber Trust and the Fred E Gerber, Sr. Trust. 5. Copies of all bills, receipts, debits, transactions for expenses on the home of Mildred J Gerber at 623 Hilltop Drive, New Cumberland, PA from 1998 until the present. 6. Copies of all correspondence to and from Mr. & Mrs. Timothy Losh on New Cumberland, PA. 7. Copies of all checking account ledgers for Mildred J Gerber as copies of all checks written by or for Mildred J Gerber, front and back. 8. Copies of all margin interest paid for the estate or Trust of Mildred J Gerber against which investments, gains or losses identified by stock, fund, investment identification, when purchased, when sold, net gain or loss. 9. Copies of all investments made from 1998 until person for the estate of Mildred J Gerber that incurred a loss. Identify the exact stock, investment, or fund, date purchased, date of loss. Please include the same listed information for the Trust of Mildred J Gerber. 10. Copies of all moneys or investments paid to anyone from the estate or Trust of Mildred J Gerber form 1998 until the present. Please provide a copy of the check front and beck. 11. Copies of all assets, tangible or intangible removed from the home of Mildred J Gerber at 623 Hilltop Drive, New Cumberland, PA. and to whom any item was given to. 12. Copies of all assets removed by Derr's, a trash removal company by item and category, from the home of Mildred J Gerber at 623 Hilltop Drive, New Cumberland. 13. Copies of all Federal IRS reports, State Income Tax reports along with all work products to produce the above for Mildred J Gerber for 1998 until the present. 14. Copies of all accounting reports performed by any accountant, CPA, attorney for Mildred J Gerber from 1998 until present. 15. Copies of all income received, bills, taxes, repairs paid out for the property in Baltimore, Md that is part of the estate of Mildred J Gerber, Trust of Mildred J Gerber or the estate or Trust of Fred E Gerber, Sr. Please identify to which estate,Trust or account this Baltimore property is assigned to. 16. Copies of all insurance policies, investments that were left by Fred E Gerber,Sr. and to whom they were assigned to by beneficiary. 17. Copies of all moneys and assets which Mildred J Gerber inherited from Fred E Gerber, Sr in 1998 upon his death. 18. Copies of the funded Trust of Mildred J Gerber by date, year and the total amount it was funded. Identify what funded this Trust, moneys, property, tangible assets, investments. 19. Copies of all insurance policies that were left by Mildred J Gerber upon her death and to whom they were assigned, by amount to which beneficiary. 20. Copies of all correspondence, reports, telephone calls between the current owner and purchaser of 623 Hilltop Drive, New Cumberland. 21. Copies of all financial information, reports, correspondence removed from the home of Mildred J Gerber and Fred E. Gerber, Sr. for Mildred J Gerber or Fred E Gerber, Sr. 22. Copies of all correspondence, reports, telephone cells, notes to and from the office of Rupp & Meikle known also as Herbert Rupp and Richard Rupp, Esquires concerning the estate or Trust of Mildred J Gerber or Fred E Gerber,Sr. 23. Copies of all correspondence, reports, telephone cells, notes to and from anyone concerning Marilyn Gerber as herself or in connection with Mildred J Gerber, or Fred E Gerber, Sr. 24. Copies of all phone bills made to Mildred J Gerber at 623 Hilltop Drive, New Cumberland from land based or cell phone and to any phone to Mildred J Gerber while she resided in Illinois. You may redact any other phone numbers on the phone bills for confidentiality. 25. Copies of all attorney fees, from any attorney surrounding the care, support, or legal services rendered to and for Mildred J Gerber from 1998 until present listing the billable hours, for what purpose each service was rendered. 26. Copies of all accounting, lists, information as to the $185,000 that Marilyn Gerber is alleged to have taken from the estate or Trust of Mildred J Gerber that was written in the lest Trust, dated 2001. 27. copies of all notes, correspondence, reports, accounting for the revision of Trust of Mildred J Gerber in 1999 and 2001. 28. copies of all medical bills, medicel insurance statements and medical reports for Mildred J Gerber from 1998 to present. 29. Copies of all moneys taken from the estate or Trust of Mildred J Gerber for legal fees paid to the firm of Rupp & Meikel, listing billable hours and for what purpose. 30. Copies of all loans, moneys, tangible items taken from the estate or Trust of Mildred J Gerber and to whom they were paid or given such as a natural child, or grandchild of Mildred J Gerber. Copies of all checks, front and back. Identify the purpose and use of any loans taken from the estate or Trust of Mildred J Gerber and for what purpose and if any loan has been repaid, and if interest was paid. 31. Copies of all correspondence, notes, reports to and from Frederick E Gerber, II to Jane Gerber Heflin regarding Mildred J Gerber. 32. Copies of all bills for Mildred J Gerber from Betra, Merltt homecare in Lombard, Illinois, Sunrise of Glen Ellyn, Warren & Sanders for the care of Mildred J Gerber. 33. Copies of all letters to and from Frederick E. Gerber, II to Dr. Pauline Weiner concerning the care of Mildred J Gerber or Marilyn Gerber. 34. Copies of all letters, correspondence provided to Sunrise of Glen EIlyn regarding the care, instructions for Mildred J Gerber or concerning Marilyn Gerber. 35. Copies of all bills, receipts, debits, transactions paid by anyone other than you, or PNC Bank for the care of Mildred J Gerber ie. Jane Heflin or any other care giver. 36. Copies of all bills paid for Senior Day Care including dates of attendance for Mildred J Gerber while in Illinois. 35. Copies of all accounting and financial value of the Fred E Gerber,Sr. Trust including the date it was funded, the amount it was funded, what were the funds. All of the above requested documents will be picked up on May 18,2004 in the offices of Richard Rupp, Esquire at which time the original documents shall be examined specifically the account ledgers and checks, front and back for all requested items as well as the receipts and the montly accounting statements. if you have any questions, please call me at 717 503-5280 or write to 717 Market Street, ,9317, Lemoyne, PA 17043.