Loading...
HomeMy WebLinkAbout03-01-05 (2) IN RE: MILDRED J. GERBER ESTATE UNDER AGREEMENT,an Incapacitated Person on March 22,2001 PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY COMMONWEALTH OF -.. ~~ 3 \ c) , · 0,: b rt-.i ...' ORPHANS' COURT DIVISION NO. 21-01-92 PETITION TO COMMAND PNC BANK TO RELEASE THE PERSONAL TANGIBLE PROPERTY OF MARILYN GERBER WHICH WAS REMOVED BY PNC BANK FROM HER FAMILY HOME AT 623 HILLTOP DRIVE, NEW CUMBERLAND PENNSYLVANIA ON OCTOBER 1,2002. NOW COMES, Marilyn Gerber,Pro Se, the eldest child and beneficiary of Mildred J. Gerber files this above Petition to ask this Court to Command PNC Bank to Release the Personal Tangible Property of Marilyn Gerber which was Removed by PNC Bank from her Family Home at 623 Hilltop Drive, New Cumberland, PA. on October 1,2002 for the following reasons: 1. Marilyn Gerber is the eldest daughter, eldest chitd and beneficiary of Mildred J. Gerber who was deceased on January 14,2003. 2. Marilyn Gerber lived in the family home at 623 Hilltop Drive, New Cumberland, PA from 1968 until 1973 and left all of her childhood possessions, furniture from college and then moved to her parents home in February 1996 unloading a 24 foot moving van into the home of her parents. Marilyn Gerber lived with her parents from 1996 through 1998 when her father, Fred E. Gerber,Sr. died on February 22,1998. 3. Upon the death of the Petitioner's father, her brother, Frederick E. Gerber, II PREVENTED this Petitioner from entering and living in the family home until she finally had access to her mother and the family home in late 1999. Marilyn Gerber 1~~ lived with her mother until January 13,2001 until Frederick E. Gerber,1I and her sister, Jane Heflin came to the family home and took "hostage control" of their mother. Marilyn Gerber NEVER ever returned to the family home or saw her possessions again. 4. PNC BANK became the Guardian of Estate for Mildred J. Gerber on March 22,2001. PNC Bank performed a minimum inventory of the tangible personal property of Mildred J. Gerber in June 2001. Marilyn Gerber had informed PNC Bank in April 2001 that she had significant personal property in her mother's home and the family home. 5 Marilyn Gerber has her furniture, clothing, kitchen supplies, accessories, personal mementos, design equipment and the inheritance from her Aunt, Florence Gerber Cappe which she brought to the family home in the summer of 1997. Her Aunt's inheritance also consisted of furniture, clothing and momentous. 6. Marilyn Gerber filed an Answer to this Court's order why PNC Bank should not be given the right to disperse the Tangible Personal Property of Mildred J. Gerber in January 2005. 7. Marilyn Gerber believes that Frederick E. Gerber,1I and Jane Heflin have removed significant amounts of the personal property of Marilyn Gerber and that of Mildred J. Gerber just prior to PNC Bank becoming the Guardian of Estate as wel1 as during the early part of 2001 . 8. PNC Bank removed the entire contents of Mildred J. Gerber's home at 623 Hilltop Drive, New Cumberland, on October 1,2002 and placed it in Harrisburg Storage in New Cumberland. 9. Marilyn Gerber is afraid that if she would publish what her personal property consists of to PNC Bank and/or Frederick E. Gerber,1I the Executor of the Mildred J. Gerber Estate that they shall destroy or state that it has been thrown out. There is the other matter that this Petitioner believes that PNC Bank is aware that property has been thrown out by Frederick E. Gerber,ll and Jane Heflin and that they indeed have taken tangible personal property of Mildred J. Gerber as well as that of Marilyn Gerber. They stand to be surcharged by this Court upon the upcoming hearings and that when each item is witnessed and catalogued that has been removed to Harrisburg Storage on October 1,2002, valuable property of Mildred J. Gerber and that of Marilyn Gerber shall be discovered missing. 10. Marilyn Gerber requests of this Court that Marilyn Gerber be allowed to witness each and every item that is in storage at Harrisburg Storage with a third party witness and then Marilyn Gerber requests that she make a list of her personal property along with photographs of the property in Harrisburg Storage and submit it to this Court IN CAMERA for the protection of her personal property and then requests a hearing before this Court for the release and return of her personal property . 11. Marilyn Gerber lives without her personal furniture, her personal property and has been deprived of the normal comfort of living standards as well as her design equipment. WHEREFORE, this Petitioner requests that this Court demand the following: 12. Marilyn Gerber requests that PNC Bank be surcharged for taking her personal property and for aU the legal expenses that they have incurred concerning this matter in addition to storage and moving fees for the removal of her personal property in safe storage for the appropriate amount of time and all other fees as this Court deems appropriate and proper and orders a hearing in the event that this Court deems is necessary. Respectfully, BY: /",\ C~~m1 Marilyn; Gerber,Pro Se 717 Market Street,#317 Lemoyne, PA 17043 TEL 717 503-5280 DATE: ~;?J1>>u1l ~ JtIj r . VERIFICATION ! --.,' /1' ".' ' .'.1 "'? . Lj)~rP.)Ju/ do hereby deposes and says, subjecllo penalties of 18 Pa. C.S'. 4908 relating to unsworn falsification to authorities, that she is authorized to make this verification and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. B~- ~ 4' --- Date: e,. '1AI/dfi ~ ~) CERTIFICATE OF SERVICE I hereby swear that on the /C!/ ..}1~l/ day of ' / tV v l ! ,2005 that a true and correct copy of the aforementioned Petition was served on the parties below by first class mail, postage prepaid by US Mail to: Ms. Joanne Christine Rhoads & Sinon One South Market Street Harrisburg,PA 17018 Richard Rupp,Esquire Rupp & Meikle 355 North 21 st Street Camp HiII,PA 17011 William A. Duncan,Esquire One Irvine Row Carlisle,PA. 17013 " /',1 BY: . ,; /' [,1 4 ("'-"'P0t~r;7~/~ Marilyn Gerb,.6r, Pre{ Se v I Date: Y~/I~frrJ \'