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HomeMy WebLinkAbout02-11-05 (2) IN R~~ s~T~T~ QF MILDRED J GERBER An InGapacitatjjj I?jiiQii tN THe GQ~FlT QF GQMMQN p~ Qf CUMBERLAND COUNTY,PENNSYlvANIA ORPHANS' ~U8T QIVISIQN no. :21 ~01-92 eETITlg~ TO iHOW ~,-JJjE W.. HY PN~ SA,N~i ~~ijQ~~N ~E,: THE ESTATE OF MilDRED J. GERBER SHOULD NOT DISTRIBUTE THE, T~,~~~~ Pf;Fl~Q~b PROPERTY Qf MI~ReQ~; ~~R~~R . - '., . .. - ,,- ". . -. . .. TO FREDERICK E. GERBER,II, THE EXECUTOR OF THE ESTATE. NOW COMES, Petitioner, Marilyn Gerber,Pro Se, the eldest daugher and a beneficiary of the Mildred J. Gerber Estate, and files the within Petition to show cause why PNC Bank, Guardian of the Mildred J. Gerber Estate should not roo.-.." ,. ) . :'~-) I I l, ' ~; distribute the Tangible Personal Property of Mildred J. Gerber to Frederick...}:. f. 1 ~. -r .. Gerber, II, the Executor of the Estate, as follows: ') 1. Petitioner, Marilyn Gerber, is the eldest child and daugter of Mildred J. -;.: Gerber who died on January 14,2003 and is a full beneficiary of the Mildred J. Gerber (,' ,'I 1'1 .-"'~' 11 Estate and the Mildred J. Gerber Trust. 2. On March 22,2001, this Court adjudicated Mildred J. Gerber ("Mrs. Gerber") to be an incapacitated persona and appointed PNC Bank, N.A. as the sole Guardian of Person. 3. Mrs.Gerber has three children, Marilyn Jo Gerber, Frederick E. Gerber,1I and Jane Noel Gerber Heflin. 4. Frederick E. Gerber,1I this Court adjudicataed Frederick E. Gerber,lI and appointed Frederick E. Gerber,1I as the sole Guardian of Person on December 21, 2001. 5. Despite Frederick E. Gerber's testimony in this Court during the October ~co~ December hearings before Judge Bayley that Mrs. Gerber would stay in her home of 34 years and be provided with home care until the end of her life, 36 hours after Frederick E. Gerber,1I was appointed Guardian of Person, he took Mrs. Gerber to Chicago and left her in the care of his sister, Jane Heflin until her death on January 14,2003. 6. On January 14,2003, Mrs. Gerber died, leaving a Will dated August 2,1999. 7. On February 6,2003, Mrs. Gerber's Will was admitted to probate by the Register of Wills for Cumberland County and her son, Frederick E. Gerber,lI (the Executor") was awarded Letters Testamentary pursuant to ITEM V of her Will. 8. Mrs. Gerber's will stated that her tangible personal property was bequeathed to her son and Executor, Frederick E. Gerber,1I in TIEM II of her Will, with the stated expectation that he would honor any written instructions with regard to the property, and that any property not distributed to him would be sold and the proceeds pass to her residuary estate. 9. The Tangible Personal Property is comprised of jewelry and other tangible personal property and was valued by PNC Bank at ($15,970.00). 10. The miscellaneous jewelry was valued by PNC Bank at ($9,129.00). These appraisals were done by Mr. Dusty Chapman who often does appraisals for PNC Bank. 11 ,The other tangible personal property, exlcuding the value of Mrs. Gerber's automobile, is valued at ($6,841.00). 12.PNC Bank sold Mrs. Gerber's automobile to Jane Heflin in the summer of 2002 and granted her a loan of $5,000 to do so. Jane Heflin pays PNC Bank and the Estate the amount of $105.50 monthly. The loan is for six years. It is unclear where exactly the monthly loan payment is made and to which account it is deposited. 13.PNC Bank on October 1,2002, moved the entire contents of Mrs. Gerber's tangible personal property at 623 Hilltop Drive, New Cumberland,PA to a storage facility in New Cumberland known as Harrisburg Storage. 14.PNC Bank claims that an inventory of the contents of the home at 623 Hilltop Drive, New Cumberland,PA was performed by employees of Harrisburg Storage however the copy provided to this Petitioner is very unclear and not an original. 15.PNC Bank claims that they made regular inspections of the property of Mrs. Gerber at 623 Hilltop Drive, New Cumberland, PA from approximately March 2002 until October 1,2002. 16.PNC in August 2002 during one of their inspecctions performed by Ms Denise Sullenberger, discovered that there were many items missing from several rooms of Mrs. Gerber's home. A memo from PNC Bank, N.A. dated August 7,2002 describes the removed items. It is unclear as to who and how these items were removed from the property. 17.PNC Bank claims that these discarded items were removed by Mrs. Gerber and Frederick E. Gerber,1I before she was taken to Illinois in December 2001. However, PNC does not make it clear why it was not until August 2002 that they discovered missing items which only goes to proove that from Janaury 2002 until August 2002, PNC Bank did not make regular and accurate inspections much inventories of the contents of the tangible personal property of Mrs. Gerber. 18.0n May 20,2001, Marilyn Gerber called PNC Bank and informed ML David Brown, the Guardian of Estate Administrator that there were many items of Mildred J. Gerber and of Marilyb Gerber on the sidewalk in front of 623 Hilltop Drive, New Cumberland, PA. Marilyn Gerber retrieved most of the items of Mrs. Gerber's and those of hers and informed PNC Bank that Frederick E. Gerber,1I had thrown out a large suitcase of Marilyn Gerber's with college memomentos inside them. She also informed PNC Bank that no one but they were to authorize the disposal of any tangible personal property as each piece of personal property had a value and was inventoried. 19.PNC Bank claims that the items that were removed allegedgly by Frederick E. Gerber, II was donated to Goodwill but they do not provide proof or evidence of a Goodwill receipt especially for tax purposes. The donated items were also not identified. 20.PNC Bank claims that some personal property of Mrs. Gerber was taken by Frederick E. Gerber,1I to Chicago, Illinois and retained by Frederick E. Gerber,lI upon the death of Mildred J. Gerber on Janaury 14,2003, in his capacity as Executor of the Estate of Mrs. Gerber. PNC Bank does not identify which items were taken to Chicago. 21 . PNC Bank does not account for all of the missing items on the memo of August 7,2002. PNC Bank claims that the discarded items and those donated to Goodwill had a value of $300,00 but again, PNC Bank cannot itemize or identify the property that was discarded or donated. 22.PNC Bank filed their Accounting for the Estate of Mildred J. Gerber on October 24,2003. Marilyn Gerber filed her Objections to this Accounting. 23.Marilyn Gerber deposed PNC Bank - Mr. David Brown, Mr. Dusty Chapman, Frederick E. Gerber,lI and served supoenas and request for documents to PNC Bank and Frederick E. Gerber,n. Frederick E. Gerber,1I never provided the requested documents and this is being addressed in this Court currently. 24.Marilyn Gerber filed her Proposed Brief of her Objections to the ACcounting of PNC Bank for the Estate of Mildred J. Gerber on February 9,2005. PNC Bank filed their Proposed Brief on Janaury 11 ,2005. 25. Upon the appointment of PNC Bank as Guardian of Estate, Marilyn Gerber met with Mr. David Brown, MS.Carol Yon and Ms. Denise Sullenberger in April 2001 and informedthem that she had lived with Mildred J. Gerber and Fred E.Gerber,Sr., \her parentsin the family home since 1996 and that there was a large amount of her persortatproperty in the home as well as that of her siblings. Marilyn Gerber informed Mr.Brown that she would not remove the furniture from the family home as she did hot want to disrupt the home environment of Mildred J. Gerber who was suffering from Alzheimer. Mr. David Brown was in agreement of this. 26.ln June 2001, PNC Bank FINALLY had Mr. Dusty Chapman, an appraiser come to Mrs. Gerber home at 623 Hilltop Drive, New Cumberland and make an inventory and assisgn an appraisal for this inventory. 27. On January 13,2001, as Marilyn Gerber stepped away from the family home for the weekend due to the fact that Jane Heflin and Frederick E. Gerber,lI were going to visit Mrs. Gerber, Jane and Fred took "hostage control" of Mrs. Gerber, and changed the locks on the family home, changed the keys of the Olsmobile that was owned by Mildred J. Gerber and toat Marilyn Gerber was designated as a driver through the insurance carrier of USAA; changed Mrs. Gerber's telephone number and forced Mrs. Gerber to fire her attorney and thereby Frederick E. Gerber,lI hired Jacequeline Verney, Esquire of Carlisle, PA to represent Mrs. Gerber. On January 19,2001, Fredrerick E. Gerber,1I signed papers for a Petition as Emergency Guardian and also had Mrs. Gerber assign hin as Executor and Power of Attorney for financial and medical issues. Frederick E. Gerber, II and Jane Heflin then proceeded to remove valuable personal property of Mrs. Gerber as china, silver, crystal, furniture, and jewelry. Fredreick E. Gerber,1I in his emergency petition made a claim that Marilyn Gerber has stolen and removed valuable personal property from the home of Mrs. Gerber especially citing two firearms. These firearms were later witnessed by Marilyn Gerber on October 1,2002 to be in the home of Mrs. Gerber when Harrisburgh Storage Company was packing Mrs. Gerber's personal property and they were also listed on the inventory list as being packed and in their storage facility . 28.Marilyn Gerber NEVER was able to return to her family home after January 13,2001 and all of her personal property was packed by Harrisburgh Storage and taken by Frederick E. Gerber,JI and Jane Heflin. 29. Marilyn Gerber also had personal property that she had inherited from her Aunt, Florence Gerber Cappe that she had brought from her estate at 600 Perrsyville Avenue, Pittsburgh, PA. in the summer of 1997 and Marilyn Gerber filed evidence to this effect in the Orphans' Court of Allegheny County in the summer of 19981 30. This Court is well aware of the sibling hatred that Frederick E. Gerber, 1\ has demonstrated for Marilyn Gerber and this Petitioner is guaranteed that if the Tangible Personal Property of the contents of the home at 623 Hilltop Drive are given to the Executor, Frederick E. Gerber,ll, Marilyn Gerber will NEVER see her furniture, her lifelong memomentos, her share of the jewelry and the personal property of Mildred J. Gerber. Marilyn Gerber is also clear that no one has seen the instructions for the division of the jewelry and the personal property of Mildred J. Gerber but there is a document that was created by Jane Heflin and Frederick E. Gerber, II in Chicago in 2002 where they have Mildred J. Gerber who was in advanced stages of Alzheimer sign that she wanted all of her personal property and jewelry to be given to Jane Heflin. There were no legal attorneys in this process nor impartial witnesses. PNC Bank was never informed nor is this document legal. 31. Marilyn Gerber intends to challenge the Will written in 1999 as Mrs. Gerber was suffering from early stages of Dementia as well as Frederick E. Gerber,1I pursued a trial of a third degree misdemenor against Marilyn Gerber for which she was found NOT GUlL TV as well as sued her in the summer of 1999 for Slander and Libel allegding that she had prevented him from becoming a Brigadier General. Marilyn Gerber shall prove and testify that Mildred J. Gerber was intimatated and coercised into creating this new Will of 1999 as well as a second Amended version of her Trust which Frederick E. Gerber, II and Jane Heflin Amended again in January 2001 after several phsysicians testified that Mildred J. Gerber was suffering from Alzheimer probably of the Vascular nature. 32. In June 2002, PNC Bank filed a Citation for an Accounting of the Mildred J. Gerber Trust and the Fred E. Gerber, Trust. This Court ordered this Accounting to be submitted on July 8,2002 and the hearing for these Accountings shall FINALLY be scheduled in July 2005. Frederick E. Gerber,1I filed on January 28,2005 Accounting per an order by Judge Oler for the two Trusts for the years of 2002,2003,2004, and a projection of expenses from January 2005 to July 2005. Frederick E. Gerber,lI did not file a complete Accounting for the two Trusts and Marilyn Gerber shall filed her Objections by March 1 ,2005. 33.Frederick E. Gerber,1I was found Guilty of Contempt of the Court order by Judge Bayley on May 22,2003 for failing to allow Marilyn Gerber to see her mother weekly in Chicago. 34. Fredferick E. Gerber,lI did not inform Marilyn Gerber of her mother's death until three days after her passing and that was done by a facsimile by his attorney, Richard Rupp,Esquire to Marilyn Gerber's attorney, Stanley Laskowski. Marilyn Gerber was only permitted to see her mother for one hour at the fulieral home in Harrisburg and Fred ordered an armed guard present as a final attempt of harassment. Later at the Indiantown Gap Military Cemetery, this same security armed guard was asked to leave the Cemetery by the Federal Police officers. 35. PNC Bank has also showed great acrimony towards Marilyn Gerber and has threatened to sue her if she would make public her story of PNC Bank and the mismangement of the Estate and Trust by PNC Bank. Marilyn Gerber has repeatedly informed PNC Bank that the bulk of the furniture, some of the jewelry, and all of her childhood possessions were in the family home. Marilyn Gerber also informed PNC Bank that her father has allowed for the family home to be purchased by her with her Trust moneys. PNC Bank elected to sell the family home and lied on December 16,2002 before Judge Hoffer that Mr.& Mrs. Timothy Lash were the buyers. The reality is that Marilyn Gerber has submitted a document to the Auditor of the PNC Accounting proving that on December 15,2002, the Lash's declined to purchase this property. Marilyn Gerber also filed a Motion to Stay the Sale of this property which was declined and Judge Hoffer ordered this property to be sold. Marilyn Gerber appealed this decision and argued the case before the Superior Court of Pennsylvavia in November 2003. 36. PNC Bank filed a Motion for the Advance Distribution of the Property to the Executor in 2003 and Richard Rupp, Esquire notified Marilyn Gerber inquiring if she wished to purchase this property. Marilyn Gerber informed Mr. Rupp in June/July 2003 that she wanted to purchase the family home and would do so with her inheritance and assets stipulated by her father, Fred E. Gerber,Sr. 37. Please note that Frederick E. Gerber and Jane Heflin were present when Fred E. Gerber,Sr. made this stipulation in front of his wife, Mildred J. Gerber and Marilyn Gerber on January 16,1998. Curiously, Frederick E. Gerber,t1 had Mr. George Clouser do an appraisal of the family home on the day of their father's death!!!! on February 22,1998. Mr. George Clouse testified to this on December 16, 2002. 38. Mr. Rupp never allowed Marilyn Gerber to purchase the property ana Marilyn Gerber filed a Motion to Stay the sale of this property with this Court but this Motion was NEVER heard. 39. PNC Bank left considerable property in the home of Mildred J. Gerber even after they had Harrisburg Storage pack up the bulk of the contents of the family home. 40. On or about, October 22,2002, Marilyn Gerber came upon PNC Bank and Derr's Trash hauler attempting to throw personal property of Marilyn Gerber and of Mildred J. Gerber that had financial value. Marilyn had to pay Mr. Derr, $200.00 in order to secure this property and she has submitted photographs of this property during the hearing of the Ojbections of the Accounting of PNC Bank on September 29,2004. 41. Frederick E. Gerber,llleft personal property of Marilyn Gerber in the home of Marilyn Gerber as well as PNC Bank and upon the purchase of this family home in February 2004 to Mr. & Mrs. Rhodes, Marilyn Gerber informed PNC Bank and the Mr. Rhodes that she had seen a box of crystal with her name on the box in the garage of 623 Hilltop Drive, New Cumberland, PA as well as Christmas decorations, sconces in the family room on the fireplace wall, and Marilyn inquired of the remaining property as the yellow chair, copper tube,etc. Mr. Rhodes insisted that an attorney call him or PNC Bank and stated that he knew nothing about this. Marilyn Gerber called Ms. Joanne Christine of Rhoads & Sinon who represents PNC Bank and wrote to her listing the items that she saw in the home. PNC Bank has REFUSED to deal with this letter or discuss the property that left in the house at 623 Hilltop Drive, New Cumberland, PA. Marilyn Gerber can also produce a witness who saw the property of crystal boxes with the name Jane and "Mert", Marilyn's nickname on two boxes, a yellow chair, a copper pot, a humidifier, boxes of papers, Religious candles, Christmas decorations and a large rack of personal clothing that belonged to Marilyn Gerber and Mildred Gerber. There was also expensive and new pieces of lawn equipment which Marilyn believes PNC Bank gave to Frederick E. Gerber,l!. that had been purchased by the EstatefTrust of Mildred J. Gerber. 42. PNC Bank is in violation of the distribution of the personal property of Mildred J. Gerber prior to and after her death on Janaury 14,2003. PNC Bank has also continued to hold Marilyn Gerber's property ransom in the storage facility of Harrisburg Storage. 44.PNC Bank had no reason to store the personal property of Mildred J. Gerber as they were not sure that she would not return after October 2002; the property was not sold until February 2004 and PNC Bank wasted income by paying storage fees of approximately $350.00 monthly for 15 months in addition to moving costs, packing costs, which came to approximately $20,000. 45.PNC Bank never asked the Gerber children if they would like to settle on the distribution of the personal property of Mildred J. Gerber prior to moving her property. Jane Heflin and Fredrerick E. Gerber both had personal property in the family home. Marilyn Gerber believes that it is entirely possible that they allowed Jane and Fred to enter the home and take personal property. 46. Mr. Dusty Chapman who appraised the inventory in June 2001, testified in his deposition of July 2004 that he had been instructed by PNC Bank that in June 2001 when he was conducting the appraisal in Mildred J. Gerber's home that there was personal property of Marilyn Gerber. Mildred J. Gerber told PNC Bank and Mr. Chapman that Marilyn had considerable property in the family home and there was a witness present who can testify to this during a hearing before this Court. 47. Mr. Chapman also testified in his deposition which was accepted by Auditor William Duncan on September 28,2004 as testimony that he found it curious that there was no china, no crystal, no silverware, no silver accessories or any jewelry. Mr. Chapman was shown pictures by Marilyn Gerber of the family home and asked to identify personal property of Mildred J. Gerber and Marilyn Gerber and he testified that this was not present in June 2001 which was 5 months after Fred and Jane had taken control of Mildred Gerber and 2 months after PNC Bank was appointed Guardian of Estate. 48. PNC Bank has stated that they gave Marilyn Gerber an opportunity to state what was her personal property and Marilyn Gerber responded that she wanted to have a third party witness present and identify with PNC Bank present and herself all of the personal property that belonged to her in the family home. PNC Bank REFUSED. PNC Bank wanted a list written down and expected Marilyn Gerber to remember thousands of items from over 50 years of living in family homes and 33 years in this home. Marilyn Gerber stated verbally to PNC Bank and in writing that she feared if she were to write down the personal property that was hers, that PNC Bank would provide a list to Fred and Jane and it would be an absolute certainty that these pieces would be removed from the family home. Marilyn Gerber upon her return to the family home in late 1999 after a period of 15 months of not being in the family home, found that several pieces of her personal property were removed by Fred or Jane from 623 Hilltop Drive, New Cumberland,PA and in fact several pieces itemized in the petition for emergency guardianship of estate by Fred in February 2001 were items that Marilyn had brought from her Aunt's estate as they were given to her by the Executor of her Aunt's estate. 49. In February 2004, Fred and Jane met with Marilyn Gerber for the first time since the death of their father in 1998 and informed her that they did not want anything from the family home. Fred stated that he wanted nothing and Jane refused to state what few items that she wanted. 50. Later in a settlement offer to Marilyn Gerber by Fred in August 2004, Fred stated that he only wanted a few items that he had given his mother and that Jane only wanted about 30 items and that he would ask her to list them. Jane has refused to do so at of this date. 51. Fred called Marilyn in September and they discussed a settlement agreement and discussed that every item in storage would have to be identified and listed and then and only then could offers be made and the missing property that Fred destroyed of Marilyn's and that Jane took of Marilyn property could be identified. Marilyn wrote an 8 page settlement offer that Fred has NEVER answered. Auditor Duncan has stated that he is afraid that the remaing assets of the Estate and Trusts could be dissipated by the lawyers and bank if a settlement offer was not made. Fred has consistenlty refused to settle despite Marillyn' numerous requests and offers. Marilyn has suggested that all three siblings be present during the unpacking of each and every item that has been crated at Harrisburg Storage. Harrisburgh Storage has an area where this could be done.! A neutral, third party could be present and photographs would be taken. Any unappraised items could then be appraised by Mr. Dusty Chapman as he testified that he did not inventory and appraise every item in the home. This is in violation of the Statute of Pennsylvania Title 20 for Trusts and Estates. 52. PNC Bank is trying to "UNLOAD" this tangible personal property because they understand that if Marilyn Gerber does indeed prove what is missing from the personal property that is in storage. and she proves that the large part of the property is indeed hers, PNC Bank shall have to restate the value of the personal property and reimburse the Estate for years of fees that PNC Bank has charged the estate. PNC Bank would be liable and could face surcharges as Marilyn Gerber has filed her surcharges that she feels they should be assessed in her brief. PNC Bank wants DESPERATELY to give this property to a more friendly party, Frederick E. Gerber,lI with whom they conspired to defraud Marilyn Gerber of her beneficiary rights before an inventory is done at Harrisburg Storage because they cannot explain why all of the china, crystal, silver, jewerly is missing from the home of Mildred J.Gerber from March 2001 to June 2001. PNC Bank would be responsible and they know realize that Fred was uncooperative not only in his failure to account for the Trusts and the Estate of Mildred J. Gerber, but that he has enriched himself financially from the restricted Trust of Mildred J. Gerber, from the Fred E. Gerber,Sr. Trust to the exclusion of Marilyn Gerber and significantly less to Jane Heflin, his sister. PNC Bank is now caught in a struggle to avoid surcharge and having to restate values and Accounting and adjust fees. PNC Bank does not want Marilyn Gerber to have any of her personal property and will not even consider that many children have their personal property in family homes. Marilyn Gerber moved to her parents home with a 24 foot moving trucfk in 1996. It is completey accurate reasonable that she would have consideralbe personal property in the basem,nt and in bther rooms of the family home. 53. Marilyn Gerber acknowledges that there is property that belongs to Jane and to Fred and agrees to their taking items that they wish however Marilyn Gerber requires that every item in Harrisburg Storage be accounted for as her property is mixed in with her Mother's as well as items that she wishes especially since Fred and Jane have stated that they only want approximately 40 items from the personal property. There is a 5 bedroom home packed and stored at Harrisburgh Storage. 54. Marilyn Gerber is willing to forego any legal actions contesting the Will of 1999 if Fred and Jane agree to an equitable split of the jewelry and the personal property of Mildred J. Gerber. Marilyn Gerber is not however willing to forego undeclared insurance policies, securities and assests without full declaration and oath to this Court. 55. Marilyn Gerber believes that it wil take approximately 2-3 days to itemize the contents that is in storage and then make decisions as to who wants what. Even if Fred and Jane only state that they want 30-40 items, each piecee in storage has to be inventoried to prove that there are also many valuable items missing from the Estate taken out of the home during PNC Bank's Guardianship of Estate appointment and just prior to their apointment. Remember, Marilyn Gerber lived with Mildred J. Gerber prior to January 13,2001 when Jane and Fred took control of Mildred J. Gerber. Marilyn can testify with photographs and witnesses what was present prior to January 13,2001 and an itemization of the property in storage wiill verigy and assist in making a decision of who is accountable for missing items. 56. Fred and Jane can also come forward and identify items that they may have taken for safe keeping in a attempt by Marilyn Gerber to settle rather than file legal action against them. If Fred and Jane list items for a three way divide, Marilyn has no issue in the settlement and distribution of personal property of Mildred Gerber. 57. Marilyn Gerber does agree that any property that the three siblings do not wish to take, that the remaining property be sold and the moneys placed in escrow until all of the Accountings are accounted for by PNC Bank and Frederick E. Gerber, II and all unheard motions before this Court. 58. Marilyn Gerber is prepared to settle all of the Accounting issues of the Midlred and Fred Trusts by receiving her one third share from the beginning of the funding of these Trusts minus the expenses spent on her mother's care. Marilyn Gerber is prepared to accept an equitable settlement from PNC Bank that includes her one third share of the Estate and Trust once surcharges are decided. 59. Marilyn Gerber makes the following proposal to distribute the personal propety of Mildred J. Gerber: a. identify all of the stored items at Harrisburg Storage, each item to be photographed, or signed off as to who it belongs to by all three siblings with a third party,impartial witness and PNC Bank present. PNC Bank shall pay for the witness and not charge any fees for the unpacking, photographing and itemization of this process as they have allowed over three to pass by without dealing with this problem. b. be allowed to take her personal property c. decide among her siblings the remaining jewelry, furniture, accessories among themselves. ~. ~~II any l,jnw~tirJ prQiijj~ iijiij f)lacti thi jiJej in j6.CtQw until all (if thj estates and Trusts are settled. e. have her personal property stored and paid by the Esate for a period o~ six months as her property has been held ransom for over 4 years and, Marilyn Gerber has been unable to access moneys for her own care, much less pay for storage fees. Once Marilyn decides to move this property into a home, she asks that the Estate pay for this move. f. The Estate would pay for any moving costs for property that Fred or Jane wish to acquire from the Estate of Mildred J. Gerber. g. PNC Bank shall reimburse the Estate all of the moneys for the packing, storing and taking of the personal property of Mildred J. Gerber and Marilyii Girtiit at ~lr Qwn j~riii .$i~ tnjv wUtijd ffiii i~ ~ could have had the Gerber children decide this matter in October 2001 and each child could have taken their property away from the home at that point in time without the oefver $20,000 in moneys being wasted. PNC Bank shall also pay interest on all moving and storage expenses since October 1,2002 to the present and deposit it back into the Estate. 60. Marilyn Gerber understands that there is much more in this Motion to show cause as to why she opposes the Distribution of Tangible Personal Property by PNC Bank to the Executor, Frederick E. Gerber,lI. but this Petitioner wants this Court to understand that there are many UNRESOLVED Accounting issues, many unresolved and unheard Motions pending in this Court and therefore Marilyn Gerber asks that for the protection of her personal property in Harrisburg Storage that was formally in the home of Fred and Mildred J. Gerber of 623 Hilltop Drive, New Cumberland, PA and where Marilyn Gerber lived from 1968 to 1972 and had left all of her childhood and early adult property; and again lived there from 1996 to 2001 when she was locked out overnight by her siblings: Fred and Jane that this Court appreciate that due to the hostility and hatred that her siblings have demonstrated against her, that Marilyn Gerber be allowed to provide a list of all of her personal property IN CAMERA to this Judge so that PNC Bank and her siblings do not access and destroy her personal property. Marilyn Gerber also begs of this Court to allow a COMPLETE inventory be conducted on site at Harrisburg Storage with all siblings present and a third party witness and PNC Bank present. Once this inventory is completed, then and only then can Marilyn Gerber make a full claim for lost, taken, stolen or misappropriated property taken from the estate of Mildred J. Gerber. WHEREFORE, Marilyn Gerber asks this Court to agree to the proposal in this Motion and that this Court DENY the Petition by PNC to distribute the Tangible Personal Property of Mildred J. Gerber and order a hearing on this matter. WHEREFORE, Petitioner respectfully requests that this Court issue an order of Stay to the Distribution of the Tangible Personal Property and during a hearing decide how the Tangible Personal Property shall be inventoried, witnesses and all of the proposed financial issues be resolved at that time. .,' Date: ~//) ~-- CERTIFICATE OF SERVICE I hereby do swear that the above Document was duly served upon this COurt and mailed to the parties listed belown by US Mail on Ii '!-I-- of l.i;~ first class, postage prepaid. Jijanne Cnri~tirij; ijijYire Rhoads &. Sinon One South Market Square Harrisburg, PA 17018 Richard RUpp, Esquire R~~p ~ M~j~l~ 355 NQrth 2151 Street, suite 205 Camp Hill, PA 17011 Jane N ~eflin 270 North Garfield Lombard,lL 60148 / - (/ ~~ L.:'::"/ .' /' ~. , Date: 14((; ~.s-