HomeMy WebLinkAbout06-10-03 (4)IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS
MILDRED J. GERBER CUMBERLAND COUNTY, PENNSYLVANIA
TRUST UNDER AGREEMENT ORPHANS' COURT DIVISION
dated December 19, 1997 and NO. 21-2al2-0092
amended on August 2,1999 and k/O, ~..I-O7:-~'0
January 25,2001
IN RE: ESTATE OF NO. 21-1998-0195
FRED E GERBER,SR. TRUST
UNDER AGREEMENT, dated
July 29,1994
June 10,2003,
TO: The Honorable Judge Hoffer:
On February 28,2003, this petitioner, MS A.J. Mendelsohn for PNC Bank and
Richard Rupp met with Mr. William Duncan, the Court appointed auditor for the
above two Trusts. During this meeting, Mr. Duncan informed all of us that discovery
could now be conducted. Mr. Duncan asked each of us what exactly we would
be expecting in discovery of documents.
I shared with everyone that my expectations were that Frederick E Gerber, Il would
comply with this Court's order of June 2002 which ordered that him produce a full
accounting of each of the above Trusts, including copies of all receipts, transactions
and disbursements. On August 27,2002, I filed my exemptions to each of the above
Trusts. PNC Bank also filed their exemptions to the above two Trusts on August 27,
2002.
As you know your Honor, on November 27,2002, you ordered that each Trust
be audited and that Frederick E Gerber, II comply with each of the citations for
accounting for the above two Trusts.
Mr. William Duncan contacted each of us in May requesting another pre status
meeting. This has been scheduled for June 25,2003 at 09:30AM in this Court.
I object to any more futile meetings because as of this date, Frederick E. Gerber, II
has REFUSED to provide any documents, copies of receipts, transactions or
disbursements per this Court's order of June 2002. I object to any more moneys being
expended from my parents Trusts for futile purposes which do not lead to any
fruition of production of documents. Frederick E Gerber's, II REFUSAL to produce
these documents is outrageous and a BOLD CONTEMPT of this Court's orders.
I might add that Frederick E. Gerber, Il has bccn found GUILTY of Civil Contempt
for Judge Bayley's order of March 2002 ordering him to allow me to visit my mother.
This order was entered on May 22,2003 by Judge Bayley along with special damages
of $5,000.
It has now been one year since PNC Bank filed their citations requesting a full
accounting of the two Trusts. It has been nine months since PNC Bank and myself
filed extensive exemptions to the minimal accounting that Frederick E Gerber, II
supplied in July 2002. Since then, Frederick E. Gerber, II has submitted supplements
to supplements without any copies of bills, receipts, disbursements and transactions.
Frederick E. Gerber, II has also REFUSED to supply any accounting for the year 2002,
per the Court's order of June 2002.
I am sure that you are aware that my beloved Mother, Mildred Jane Gerber
passed away on January 14.2003. My brother, Frederick E Gerber, II was left as
Executor of her estate and Trustee of her Trust.
At this point in time, the two Trusts are being depleted by legal fees and banking
fees which have exceeded nearly two hundred thousand dollars, not to speak of
unusually high investment losses by Frederick E Gerber, !!. This is an outrage when
I think of how hard my parents worked to leave an original estate of approximately
one million dollars. During the November 27,2002 hearing before your Honor, it
was discovered that one piece of property was never properly declared and has to
be probated in the original will of my father's estate of February 22,. 1998. PNC Bank
insisted that this Baltimore property was part of one of the Trusts. Again, PNC Bank
and Frederick E. Gerber, II have led this petitioner to believe that these two Trusts
have been properly managed.
I am also a full beneficiary of these two Trusts and therefore in order not to allow
Frederick E. Gerber, il to dissipate any more moneys I am asking your honor to grant
my Motion to Freeze all of the assets of Mildred Jane Gerber and Fred E. Gerber,Sr.
I am also asking your Honor to order Frederick E. Gerber, II to produce documents,
receipts, bills, disbursements and transactions for the above two Trusts. Please note
your Honor that I submitted a Motion to Order the Trustee, Frederick E. Gerber, I! to
Produce Documents on May 2,2003.
I might add that PNC Bank has also been reticent to supply a final accounting
of all of their management of my Mother's Trust and estate while they were Guardian of
Estate which they were appointed by this Court in March 2001. It is also outrageous
that as a full beneficiary, I must watch them take large fees for their services and to
this date, PNC Bank has also REFUSED to grant any itemized accounting along with
receipts, bills, transactions, and disbursements of my Mother's estate and Trusts. I
have written PNC Bank for over a year and a half, asking for accounting, copies of
bills, receipts, transactions and disbursements. PNC Bank refuses. I might add your
Honor, PNC Bank is fully aware that they more than likely will be SURCHARGED for
losses and dissipation of my mother's Trust for their failure to produce income and
allowing Frederick E. Gerber, II to take moneys from my mother's restricted Trust while
they were Guardian of Estate of my mother's Trust; hence their reticence to provide
any discovery that will prove my charges.
In SUMMARY, your Honor, I am asking that NO MORE MEETINGS with Mr. William
Duncan be conducted, NO MORE MONEYS be expected by William Duncan until
this Court orders Frederick E. Gerber, II and PNC Bank to produce documents of full
accounting. I cannot conduct depositions until I have adequate discovery of financial
documents.
I look forward to your Honor's reply and am also available for a telephone
conference call if this will expedite my above requests. However, even another
conference call will dissipate unnecessary financial funds from these two Trusts and
my mother's estate.
717 Market St., t~17
Lemoyne, PA 17043
cc. Richard Rupp
AJ Mendelsohn