Loading...
HomeMy WebLinkAbout11-18-02Marilyn Jo Gerber, PRO-SE 42 Drexel Place ~ ~,~ New Cumberland, PA 17070 (717)503-5280 N RE: GUARIDANSHIP OF IN THE COURT OF COMMON PLEAS OF THE ESTATE OF MILDRED J GERBER, CUMBERLAND COUNTY AN INCAPACITATED PERSON COMMONWEALTH OF PENNSLYVANIA ORPHAN~ COURT DIVISION ~ NO. 21-01-92 and 21-2002-0540 ANSWER TO OF PNC TO PNC BANK'S ANSWER DATED OCTOBER 28,2002 OF NOTICE TO PLEAD AND ANSWER TO "MOTION TO REQUEST THE GUARDIAN OF THE ESTATE PNC BANK TO PRODUCE A COST ANALYSIS OF HOMECARE OF MILDRED J. GERBER IN HER HOME IN NEW CUMBERLAND AND CARE IN LOMBARD,ILLINOIS AND AT SUNRISE ASSISTED LIVING IN GLEN ELLYN, ILLINOIS INCLUDING ALL EXPENSES" NOW COMES, Petitioner, Marilyn Jo Gerber, PRO-SE and file the within Answer to PNC's Answer to "Motion to request the Guardian of the Estate PNC Bank to Produce a Cost Analysis of Homecare of Mildred J Gerber in her Home in New Cumberland and Care in Lombard, illinois and at Sunrise Assisted Living in Glen Ellyn, Illinois Including All Expenses," as follows. NEW MA'Cr'ER 1. Petitioner incorporates by reference the answers to paragrahps I through 32 as set forth by the Respondent at length and the Petitioner has no answers to these answers as stated and responded to by PNC Bank, the respondent. 34. Denied. The statement constitutes a covenant of law and a legal conclusion to which no response is required. To the extent a response is required, these allegations are denied. Proof therefof, if relevant is demanded at time of trial. 35. Admitted 36. Admitted in part,denied in part. Fred E Gerber, II was appointed by this Court as the Guardian of Person. The allegation by the respondent constitiutes a covenant of law and a legal conclusion to which no response is required. To the extent a response, these allegations are denied. Proof thereof, if relevant is demanded at time of trial. 37. Denied. There is insufficient evidence to make a conclusion as to this allegation and to the extent a response is required, these allegations are denied. Proof thereof is demanded at time of trial. 38. Denied. There is insufficient evidence to make a conclusion as to this allegation and to the extent a response is required, these allegations are denied. Proof thereof, is demanded at time of trial. 39. Denied. There is insufficient evidence to make a conclusion as to this allegation and to the esxtent a response isrequire, the Petitioner has made numerous requests since April 2001 and through 2002 for copies of all bills, receipts, copies of reports for the living expenses of Mildred J Gerber and the nursing care of Mildred J Gerber and the Respondent has REFUSED. To the extent a response is required, these allega- tions are denied. Proof thereof, is demanded at time of trial. The Petitioner after rea- sonable investigation, is unable to determine the truth of these allegations. This allegation is a legal conclusion to which no response is required. 40. Denied. There is insufficient evidence to make a conclusion as to this allegation and PNC Bank has refused to provide any receipts, bills, reports, financial accounting and financial and fiduciary information of the Estate or Trusts of Mildred J Gerber to this Petitioner. The Petitioner after reasonable investigation is unable to determine the truth of these allegations. Proof thereof, is demanded at time of trial. 41. Denied. The Petitioner after reasonable investigation, is unable to determine the truth of these allegations. To the extent a response is required, these allegations are denied. Proof thereof, is demanded at time of trial. 42. Denied. The allegations refer to a letter written on July 12,2002 which speaks for itself. 43. Admitted in part, denied. On April 25,2002, PNC provideda PARTIAL and not comprehensive statements of Mildred J Gerber's guardianship account which in- cluded an OVERDUE ANNUAL REPORT which was filed in this COURT late; and incomplete fiduciary information which does compy with the Pennslyvania Supreme Court Orphans' Court Rule 6.1, and breaches Accountatn's duty to render a clear and accurate account. To this date, PNC CANNOT determine the exact amount, sources and locations of Mildred J Gerber's estate and Trusts from the commencement of Respondent's trusteeship. PNC also failed to stop the exit of significant amounts of monies under their 'watch" by Fred E Gerber, II and possibly conspired in the non- paying of bills and their financial responsibilities with Fred E Gerber, Il.The statements of payments for nursing care and living expenses are NOT COMPLETE nor do they meet the Supreme Court Orphans' Rule 6.1 and are essentially unreadable and un- verifiable. To the extent a response is required, these allegations are denied. Proof is demanded at trial. 44. Denied. 45. Denied. On April 25,2002, Dave Brown, Administrator stated to this Petitioner with her attorney, Stan Laskowski present who was representing only issues of Guardianship of Person, that PNC Bank was INDEED concerned to expenses of the Fred E Gerber, Sr Trust as Mildred J Gerber was a beneficiary and If, Mildred J Gerber's Trust and Estate should be exhausted, Mildred J Gerber would have a Trust instrument to take all of the monies from this Trust of Fred E Gerber, II Trust. At this meeting, Dave Brown also could not state at to which Trust, a property located in Baltimore truly and legally resided nor where the income from this rental property was being deposited. Dave Brown since has filed Exceptions on August 27,2002 for the Mildred J Gerber,Trust and the Fred E Gerber, Sr. trust through their legal counsel, Ms Amy Mendelsohn, of Rhoades and Sinon. PNC Bank and Fred E Gerber, II are presently potentially facing serious surchargeable and malfeasance citations and potential charges. Currently the partial accounting supplied by Dave Brown of PNC Bank indicates that bills and charges which should have been paid by PNC Bank was actually paid out by Fred E Gerber, II from the Mildred J Gerber Trust and the Fred E Gerber, Sr Trust. PNC Bank therefore has been negligent in their failure to pay and manage the assets of the Mildred J Gerber Trust and her beneficiary rights of the Fred E Gerber, Sr Trust. 46. Denied. PNC Bank through their Senior Corporate Manager in the Pittsburgh Corportate Office, Ms Sharon Gertz and along with Carol Yon of the regional Camp Hill office of PNC Advisors agreed to a August 1,2002 meeting. When this Petitioner stated to Dave Brown and Sharon Gertz that she would make public the enornous problems, neglience, surcharge and malfaisence of PNC Bank, PNC Bank immedia- ley took the position of CANCELLING all meetings and insisted that all communication be done in writing. The Petitoner has thus had to resort to writing all of her questions and requests to Dave Brown and to Amy Mendelsohn of which PNC has NEVER RESPONDED to all and every point, question and issue but rather has taken a "Party Line" or spin on their public relations statement that they fully serve all of their guardians. Dave Brown threatened to sue this Petitioner if she would make public this information of mismanagement by PNC. Amy Mendolsohn has refused to produce a letter of retraction wherePNCapologizes for falsely accusing this Petioner of tampering with the mail of Mildred J Gerber and admitted such as to Stan Laskowski as well in May 2002. Dave Brown and Amy Mendelsohn have REFUSED to grant this Petitioner with all of the priviledges of a PRO-SE which is essentially the same as those extended to any opposing attorney. Dave Brown and Amy Mendelsohn have been committed to a path of harassment, threats, calling the local police and punishing this Petitioner who is also a major and remainder beneficiary of the two Trusts. Any additional costs and dissipation of Midred J Gerber's assets by legal feeds and other costs has been the CONSCIOUS decision of Dave Brown and Amy Mendelsohn in their REFUSAL to meet, work and arbritrate and mediate the serious issues which Fred E Gerber, II has created. PNC Bank takes on harassement tactics as insisting on sending documents and letters to Stan Laskowski thus incurring legal expenses and fees for this Petitioner DESPITE the numerous phone and written communications by this Petitioner to PNC Bank and Amy Mendelsohn not to do the above. PNC Bank and Amy Mendelsohn have also deliberatly thrown out valuable assets and items of fair market value of Mildred J Gerber and Marilyn Jo Gerber from the home of Mildred J Gerber and this Petitoner's Family HOME. PNC Bank and Amy Mendelsohn have also taken a course of action to permanently institutionalize Mildred J Gerber which is contrary to the Supreme Court Olmstead Act of 1999 and the American Disabilities Act of 1999 and the Older American Act of 1999. PNC Bank and Amy Mendelsohn are not in the position to define the aceptable definittion in either legal or medical terms what calm, reasonable and organized fashion is regarding this Petitioner's abilities to communicatemuch less evaluate them. To the extent that a response is required, these allegations are denied. Proof thereof, is demanded at time of trial. WHEREFORE, Petitioner, eldest daughter and remainder beneficiary of the Mildred J Gerber Trust and Estate, respectfully requests that this Honorable Court deny the Respondent's answers and motion and request for attorneys' fees, and expenses incurred in defending this Motion, and deny any relief such other as is appropriate. The Petitioner respectfully requests that this Court order a hearing and calender this Motion as soon as possible in order to protect the assets and Trusts of Mildred J Gerber. The Petitioner respectfully resquests that this Court deny the Respondent's request to deny the Petitioner's Motion in its entirety.~_....~'~ ~ ~>~.~~. . BY~a~ily~ Jo G~R~SE 24 Drexel Plac~ New Cumberland, PA 17070 R~o~o~ & S~o~ LLP OF COUNSEL ,Oae. RT H. ~, ]~' ~ H. ~W~ ATTORNEYS AT LAW HENRY W. R~AOS ~a~ TWELFTH FLOR JAN P. ~ ~. a~,2~. ~ o. ~ - . DAV~ F. ~Y ~ ~ ~ ~ ' ~oo.~c ~T~*~ TELEPHONE (717) 2 ~--573~1 ' ~e,~ ~ ~ ~ · PAUL ~. ~, ~J. Mm~, FAX (717) 232-1459 ~ a. ~x.~ ~v. ~ ~v EMA]L AHENDELSOHN~.. RHOADS-, ~~ ~~ (7~7) 23 t-6668 ~ ~~~ ~ ~ 3547/05 , ~.,,,~ ~ ~ ~ ~ ~y 6, 2002 Re: ~ardian~hip of~ ~ ~. J~ Heflin S~ j. ~~ ~ 270 N. ~eld ~eU & ~ ~m~ ~ 60148 3631 N. F~ S~ ~b~ PA 17~ 10 ~e~d C.-Ru~, E~ R~p ~d Me~e 335 No~ 21~ S~ S~te 205 ~p ~, PA 17011 ~ ~. Hefli% ~. ~o~ ~d ~. Rupp: We ~ve ~~ a ~blem ~ ~d J. ~'s moil. lm~ly ~ PNC B~ ~ ~~ ~ of &e ~ of ~ J. ~, PNC B~ no6fi~ ~ U~ted S~s Po~ S~ ~t ~ ~1 for ~s. ~ ~o~d ~ fo~d to ~e B~. ~~ w~ ~ md ~ ~t ~ a ~le of ~ ~o ~en PNC B~ ~v~ ~ it ~ not ~g ~. ~'s ~. ~pon ~n~ ~e Po~ S~, ~C ~ ~ ~~ ~ ~ ~ ~ c~sng~ ~ fo~g ~o~ for ~e ~ ~ m ~ mo~'s home ~ N~ C~~. PNC ~ imm~ly co~ ~e fo~ ~o~ so ~ it ~d ~ ~ive ~e ~ of i~ ~. ~ ~ wee~ PNC ~ i~ed ~t F~ ~ ~ ~ged ~e fo~g ~on for ~e ~ so ~ ~e ~1 wo~d~t~F~~~°fPNC~' ~~ed~s l~~May3, 2~2, W. ~o~ B~'~e Po~ of~e New C~lmd Po~ O~, ~ noffied PNC ~ ~ we~ ~ ~ of you ~ none of ~ ~'s ~ ~ be de~ve~ ~ no one · e co~~ fo~g ord~ ~ ~lv~ We ~ ~fly ~~ by ~ Germ's ~ F~ ~'s ~t~e~ce ~ PNC B~'s ~le ~ ~~ of~e E~ of~ J. G~. ~P~C B~ does not r~eive ~. ~'s ~, it cannot ~p~ly c~ out i~ dufi~ ~ ~~ of h~ ~e. To resolve ~s ~, we ~ve ~clo~d a 1~ m ~ si~ed by J~e He~ ~1~ ~ ~d Fred Gerber co~n~g to ~e deliv~ to ~C B~ of ~ ~ ~s~ to ~l~d J. Gerb~. AFFILIATED OFFICE: LANCASTER: 4293'71..1 YORK: STE. 203, 1700 S. DIXIE HWY, BOCA RATON, FL 33432 TELEPHONE (717) 143-1718, FAX (717) 232-14S9 TELEPHONE (561) 395-S595, FAX (561) 39S-9497 TELEPHONE (717) 397-~431, FAX (717] 232-14S9 RiiOA])~I & SI~O~ ~ May 6, 2002 Page 2 We request that Jane Heflin sign the consent and send it to us as soon as possible. We also request that Mr. Laskowski and Mr. Rupp have their respective clients sign the consent and send it to us as soon as possible. If we do not receive the signed consents by noon on Friday, May 10, we will have no choice but to request an order from the Orphans' Court directing that all mail be sent to PNC Bank. Certainly, we wish to avoid the burden and expense of seeking the court's intervention in this matter. I look forward to your prompt response. Very truly yours, RHOADS & S~NON By: ~m AJIVY~p Enclosur~ cc: Mr. David A. Brown, Vice President 05/06/02 17:24 FAX 717 232 1459 I~UJOADS&SI~UN LLP ~004/004 Re: Guardlan.~hip of Mildred Gerber W. Thomas Brown, Postmast~ 318 Bridge Street New Cumberland, PA 17070-9998 Dear Po~kuaster BrOwn: We are writing to inform you that we agree that all mail addressed to Mildred Jane Gerber shall be delivered to PNC Bank, as Guardiau of the Estate of Mildred J. Gerber at the following address: Mr. David A. Brown, Vice President PNC Bank, 4242 CadL~e Pike Camp ITtlL PA 17011 We ask that t]~ cb~nge of address be effective ~mmediateIy. Moreover, we agree that o~y PNC Bauk may chauge the delive~T address pennitt~ to change the addr~ from PNC Bank to any other recipient. PNC BANK, Guardian of the Estate of Mildred J. By: Date: Name Title: Date: Frederick E. Gerber, H Date: MJ~yn Gerber Date: Jane Heflin 429436.1 May 12,2002 TO: Dave Brown AJ Mendelson FROM: Madlyn Gerber I am responding to your request that my mother's mail be processed by PNC Bank. Therefore per the discussions you have. had with Stan Laskowski,-I am agreeing to the foil owl ng: I agree that all mail addressed to Mildred Jane Gerber shall be delivered to PNC Bank under the following terms: I. PNC shall have the mail held at the Post Office in New Cumberland, PA 17070 and PNC shall pick up Mildred Gerber's mail on a regular basis, at least every two weeks. 2. All mail that is not related to the estate of Mildred Gerber shall be mailed to Mildred Jane Gerber wherever she is living which is currently 270 N Garfield Stree, Lombard, lllionis 60148. 3. If any mail is addressed to Mildred Gerber and family or relates to any of her three children, a copy of such mail shall be mailed to me as it related to me. 4. PNC Bank shall check periodically that Mildred Gerber has received her mail. 5. PNC Bank shall issued a letter of retraction stating that Marilyn Gerber never had any involvement in changing Mildred Gerber's mail or to where it should be forwarded. A copy of such letter shall be sent to Fred E Gerber, Il, Jane Heflin, Richard Rupp, Stan Laskowski, and myself. No fees shall be charged to anyone for l~ese letters. May 28, 2002 PNC Bank,N.A. 4242 Carlisle Pike Camp Hill, PA 1701 Dear 'Dave: I am enclosing two checks which I wrote to Greg Smore who lives at 111 Harrison Drive, New Cumberland, PA 17070. I wrote one check for $50.00 which was for one grass cutting and weeding and raking up leaves at my mother's home,623 Hilltop Drive, New Cumberland,PA 17070. I also wrote a check for $75.00 which was payment for the Smore family picking up my mother's mail for 3.5 months as well as snow removal. My. brother had asked them to pick up my mother's mail which they did every day for 3.5 months as well as snow removal dudng the winter on one occassion. My brother never thought to pay them. Please reimburse me for these two checks of which I have enclosed a copy. I have removed my checking account number for my security. I would like to ask a favor in my mother's name. Greg Smore has taken care of my mother's lawn for almost four years. They became close. Mother was like a grandmother for him as Greg had lost his grandmother just a few years ago. It was a joy to watch them together and during the difficult years when I could not see my mother and she was left alone by my brother and sister, Greg provided company and secudty for Mom. Gr. eg is graduating in June from Cedar Cliff High School. I would really appreciate it in my mother's name if you would give him $100.00 for graduation. No one has asked me about any of my mother's charities and since you are guardian of estate, I am hoping that this is an appropriate request. I would like too buy a graduation card for him and write a note in my mother's name. Would you agree to send me a check made out to him and I would mail it to him. This would be a more personal way than receiving a check from the bank. Please let me know. This leads me to another graduation. My niece, Amanda Heflin, is graduating from college in Chicago in June. She is the daughter of my sister, Jane Hefiin and mother's first grandchild. I can tell you that my brother Fred has given her over $40,000 from the shared trust fund that my father set up for the three of us and the grandchildren. I am. pretty sure that Fred will be giving her a graduation gift but I would like to give her a check from my mother with a note that is personal for Amanda. Since, Fred is more than likely to give her a cash gift, I would suggest a $100.00. Would you consider writing a check out to Amanda and sending it to me so that I could wdte her a personal card from Mother? Now, I want to address in writing some of my concerns for Mother's home. I left you a message concerning cancelling the Comcast service, turning off the heat in the house, and installing some automatic turn on/off systems to lamps in the living room, family room and Mother's bedroom and a front bedroom. The longer the house is unoccupied, the longer it risks entry despite that the neighborhood is relatively safe. I am also concerned that it has been five months since any cleaning/dusting has occured. I doubt that my sister and brother put drop clothes on the furniture, etc. I ask that with a witness, that I be allowed to clean my mother's house and put drop clothes down. This could be done on the same day that I go through the house and identify my personal items. I objec~ strongly to a cleaning service coming in and cleaning as it puts my mother's house in jepardy secudty wise. Any hired maid service would realize that no one lives there especially since someone from the bank would have to be there. There is too much to loose to have a stranger come in. Greg will need to continue to weed the garden in the front of the house and the back. I spent 2.5 hours raking leaves the week before I met with you and AJ and I am happy to help but I will not be able to do it all the time. I will also buy some plants to add to the front of the house in order that it looks like someone lives there. I also have some financial questions concerning Mother's account I note that $25,000 was wired by Fred into my mother's account after PNC took over as guardian. Where did this money come from? What was the sourceand where had it been before? From what account did this money come from? I also did not see any monthly cash or expenses for food, restaurants etc for last year from March 2001 to the present. I saw costs and expenses for healthcare companies but_what about other expenses other than utilities? I am waiting to hear from you as to when I can come into the office to review the actual bills and receipts for Mother's expenses. ! am interested in reviewing just what Betra and Merit have actually billed and. review as to what Mother is entitled to for the charges per nursing care laws and regulations. PNC is the guardian and I fccl that reports by law should be submitted along with bills to verify their hours and activities. ' I also want to know if my mother's car-is insured. My brother testified that no one would insure my mother's care. This care was given to my mother by my father and she cherishes it. I hope that this car has not left her ownership? If my sister and brother and possibly my nephew,Sean Heflin and maybe caregivers 'are ddving the car then under who is the insurance written. The car is also registered in Pennsylvania and now the car is in Chicago. The car's registration was due in January 2002 as well as the inspection. Since the car left in December, how is it valid? I am also waiting to hear from you as to what you are going to do conceming my brother not suppling you with accounting of my mother's monies. I .believe the thirty days is up now. It is my expectation that my mother's monies need to be accounted for from the day of my father's death. There has been no accounting of the insurance policies, their amount, bank accounts held in common by my mother and father, CD and MM accounts, trust funds and when and for how much were they funded. I want to see the IRS reports for 1997 on as my brother filled them out. I told you in April,2001 that my brother made an overpayment of $1900 for 1999. Did you ever find this and check with the IRS? I had told you that I had received a notice from the IRS concerning this overpayment but I could not find it when we met in April,2001. If PNC Bank does not take action after the 30 days notice to my brother in April, then I would like to know and then discuss this with your bank and AJ as to the implications this means for my mother's estate. One year has gone by and Fred has been negligent in complying with your requests. What is he hidding? Why have you waited so long to make him comply? In lieu of what has happened recently when my brother was in charge of my mother, (her fall on November 5,2001) her being taken out of state to a small house without her approval and the refusal of my brother to provide any accounting from our trust fund shared by me and my siblings, I am greatly concerned as to his behavior. I can tell that the Department of Aging is also concerned to my brother's refusal to provide accounting and I am .sure that you will'be headng from them and their attorney. Now, I want to address my mother's living conditions. As you know,my mother was taken to Chicago on the pretext of the Christmas holidays. She has never been returned to her home of 34 years in New Cumberland. My mother now lives at my sister's home at 270 North Garfield, Lombard, Illinois 60148. She has been given a single bed instead of her double bed in PA. She is living in a home that has two bedrooms compared to her 5 bedroom home in PA and my sister's home is 2/3's the size of mother's .home in PA. There is very little open room for my mother to walk around in, less than 10 square feet at any time or less. An Alzheimer patient needs open room to wander and pace as she had in her own homein PA. My mother is also being cared for by two homemaker's on a 24 hour basis. My sister is traveling extensively sometimes for over a month at a time. She is often out of state and they cancelled my court ordered trip on May 21,2(X)2 as I was driving to the airport!! My sister is not doing the caregiving yet my mother is forced to live with her taken from her home, her personal possessions, her memories,her friends, her church, her community, anything that she would know or remember. In Chicago, mother has nothing to remind her of her life and her past. Why isn't my sister doing some of the caregiving on the weekends or evenings which would save money. In my mother's home, she had LPN's and Certified Nurses' Aides who provided for my mother. Now for much more money, mother only has a companion who is not certified, no CPR training or geriatric experience caring for my mother. My mother is also left alone by my sister and brother in a state where only a companion is present. Would you wish this on your mother?? These companions also do the cleaning, laundry, food preparation,etc in my sister's house. Do you really think that these caregivers are only washing my mother's clothes, only cleaning my mother's tiny 10X10 bedroom? Essentially, my sister has received full maid and food services on my mother's account. I firmly believe that PNC has a responsibility to make sure that my mother receives the very best care that is paid for and approved by PNC Bank. My brother is the guardian of person and this also brings with it a responsibility of caring for my mother. He has essentially after only seeing her on weekends for seven months in 2001, filed for guardianship and then moved her immediately to Chicago where he has seen her only four times if that much. He now has not much to do with her daily care. My sister never testified at the headngs that this was the intent. My brother testified that my mother would stay at home in PA with nurses to care for her. I am begging you to evaluate what has been done to my mother. Before her fall on November 5,2001 ,she was healthy, walking,talking, at a good weight and fully oriented. After my brother left her alone on the eyeing of November 4,2001, she fell, layed on a floor for up to 10 hours until she was found and now she weighs 90 pounds, can barely speak, and is unable to know who her children are on a regular basis. My brother has virtually dumped her and gone on his way. He is often out of Washington and the country. There is also the question of if my mother should die, would there be tax issues, etc because she died out of state not to mention the extra expenses to bring her back to be buried a Indiantown Gap with my father. This bdngs up another issue. My mother mentioned to me ~everal times about pre-arranging her funeral expenses with Parthemore Funeral. home in New Cumberland. I know that this is who she 'wants' to handle her arrangements. Have you considered investigating what the savings would be for a pre-paid funeral? Since my brother is the guardian of [person, he probably would have some input. I also want to have a confirmation that all of my mother's medical bills have been paid from her fall and hospitalization in November 2001. If you recal, I called you in November to inform you of my mother's hospitalization and upcoming bills. Has my brother ever submitted bills to you? I gave you a form that shows that my brother changed her medical insurance to TRICARE. From what i can decipher is that my brother changed her Medicare assisgnment to TRICARE, a military insurance program. The form that I gave you asks that her identity be verified. Please follow up and see what my brother has done with her medical insurance. Shouldn't the bank have been informed of this. Why is my brother still making decisions on her financially related matters? Are they or have they paid for all of my mother's bills. Why wasn~ the bank aware or managing my mother's insurance?? My mother is. taking very expensive medications. Are my mother's medications being paid for by an insurance company or at least under a cheap pharmacy program. When my mother was in Pennsylvania, she could get her medications at Carlisle for free. Where are the bills for her medications? Please make sure that the form I gave you is notorized and meets the deadlines I did not see a coy of my mother's IRS report for 2001. Do you have it available for me to review? Please let me know when I can come to your office. It has been a month since we met with you and AJ. As you know, I am paying a fortune to see my mother and my brother forces me to go through his attorney for each visist to the tune of $1600 for the month of April. Under the PA Code 20 which governs guardianship, there is no lawthat states that I have to have an attorney to speak to you, PNC Bank, etc. Considering the last fiasco with the mail and what it cost me, and my mother's account, I will continue to wdte and speak to you on my own. The only way that Stan Laskowski will be involved is for court motions or necessity. My mother's account has been charged over $7000 for legal fees. For what and why has PNC Trust needed legal services for $7000? If the bulk of this $7000 bill had been related to getting my brother to provide accounting, then I am going to request that PNC insist that my brother reimburse my mother's account. A full year of allowing my brother to refuse to produce accounting is beyond ridiculous and does not serve my mother's dghts. Remember, Judge Bayley.did not accept my brother's military duty as an excuse for not complying. I also have some concerns as to where expenses for my mother's food, clothing and miscellaneous are coming from. Each week, my brother forces me to meet my mother in a hotel room, the Embassy Suites. Where is the money coming for this? He has come twice, stays there and rents a car. Is he charging PNC or is he taking it out of our trust fund. I will challenge if he is taking money from any accounts. My brother has seriously depleted our trust fund and I believe it is his intention to deplete our trust fund ASAP so that I will not receive any monies but this seriously affects my mother's dght to this fund as well. If you remember, I shared with you that I know that he lost over $40,000 in 1999 without any explanation. To the best of my knowledge, no one professionally manages our Trust fund and there has been no accounting for over 4 years. In attempting to retrieve accounting from my brother, why don't you to back to Charles Schwab and ask for all activity for both trust funds since there inception. Please let me know if you have done this. If so, I would like to review these PaSt activities. There is one last thing that I can think of. My mother's has insurance policies as they are mentioned in her will. I am concerned that these policies are still being billed. My brother I am afraid is not or has not declared this to you. Would you please address this with my brother. I wdte you in good faith for the concern of my mother and when she cannot defend herself. Please remember that in November 2000, my mother Signed a document 'removing my brother as executor and trustee. This was witnessed by Joseph Metz her attorney and my attorney, Michael Kane. My mother also was a co-plaintiff in the Motion to demand accouting before Judge Olner. My mother's mentation was fully intact and this can be testified not only by herattorney and mine but also her physician at the time as well as me who is a certified gedatnc nurse. The time has come that my mother deserves a full accounting. Please help her in this. You can call me at 503-5280 or on my pager 233-9418. I would like to come in and examine the receipts soon as well as IRS reports, etc. Also let me know how you are going to get my brother to provide you with all records since Feb 1998. The thirty days are now over, please inform me what specifically your bank is going to do. I do not wish to see another $5000 in legal fees to extract what is rightfully due. My brother has a fudiciary responsibility to provide this information to my mother Four and half years is enough. No one should have had to wait this long. I will not support anymore time going by or fruitless attempts to extract a full accounting from my brother. If court action is required, then I am requesting that a full audit be. done as well as full disclosure. This family has suffered enough. I shall appreciate your full cooperation. Sincerely, Marilyn Gerber October 1,2002 TO: Dave Brown FROM: Marilyn Gerber RE: Issues regarding my mother's trusts and court hearings Dear Dave: ,.. I am writing you to inquire as to PNC's position on Richard Rupp's August 27,2002 letter to Judge Hoffer in which he asks for 45 days in order to try to work things out amicably pdor to the court ordering an AUDITOR. I have not heard from you and therefore since I have note received any correspondence from you, I am assuming that PNC and Rupp and the Trustee, Frederick E Gerber, II have not attempted to work things out amicably. Does PNC Bank have any intentions of asking for a status conference? If not, what is your position? I personally feel that things are way past trying to work things out amicably! I feel this is another stall maneuver by my brother to buy time. I fully expect that my brother will very soon try to pull a Sailor and Soldier's Relief Act of 1941 especially if the US goes to war. My brother has less than 8 months in the US A~'my unless the military continues his commission based on a war in Iraq. Please remember that my brother spent 9 months in the Gulf in 1991. He testitifed in the court hearings for guardianship of my mother that he would,"sadly not be deployed", however as you know my brother has been in Germany and all over the US in the past six months. My sister has also been in New York frequently and for long extended stays as her job is in NEW YORK. I am concerned as to the status and medical condition of my mother. As you are probably aware, my mother was placed in a non-skilled nursing facility called Sunrise Assisted Living in Glen Ellyn on or about September 1,2002. I have visited my mother there under very stressfull conditions. Please be advised that a copy of the court order by Judge Bayley was entered into DuPage County Court on September 18,2002 by my attorney in Chicago. I have currently filed my concerns as to my mother's medical condition as she was treated and supervised by my sister, Jane Heflin especially in the month of August 2002 and now in the Sunrise Assisted Living facility. Having received your 'accounting" for July and August, I have grave concerns as to the losses and management of my mother's funds in both trusts as well as her investments by PNC Bank. Your accounting is not easy to read and does not reflect even in the April yearly accounting by your bank, an easy format per the Pennslyvania Supreme Court 6.1 directive. Therefore, I am asking that your bank provide for me a copy of my mother's finances which state what her total assets were starting when you took over a plenary guardian of estate on March 23,2001. I also am asking that you review your inventory list of my mother's tangible property as it is not accurate. I am also asking that you explain by regular and easily read accounting format, the exact number of fincancial shares, where these shares are invested, date of investment, source of monies used for these investments, monthly charges for your bank's services fully itemizezd, exact billable housrs by AJ Mendlsehn (again broken down down serices rendered and by date and month and year) and again I am asking for receipts and copies of all bills and services rendered for anything concerning my mother's care since March 2001. As you know, I have asked for the receipts and copies of all service providers since March 2002 many, many times. Dave you know that the Court shall ask your bank to explain why my brother 'raided' my mother's exclusive Trust fund under your watch as well as other questionable financial decisions? I think that your bank did a good job of the exceptions which you filed. I am sure that you noted that new financial information showed up in my brother's supplemental accouting like the PanAm sharesl This information was never previously revealed by my brother on any prior financial form or on my father's estatel I am asking again for you to answer in writing to meall of the above and the following: I. copies of all letters and correspondence of the times you requested my brother to provide accounting and relinquish his Trusteeship of my mother's Trust. I would assume that AJ Mendelsehn would also have notes of telepone calls and meetings which she billed my mother's account. 2. I want to know if you ever filed a homeowner's claim for the flood damage in the basement of my mother's house copies of which I provided to you in April 2001. If you did not do so, please explain. I informed you of this flood with documentation in April 2001 when I met with you, Carol Yon and Denise Sollengerber in your offices. 3 I want to know if you ever verified whether my brother ever deposited roughly a$3,0(X) check from USAA for damage and repair to my mother's car in 2000? If not, please explain. 4. I want to know if Greg Smore mowed my mother's lawn in 2001 and how much you paid to him for such services and itemized by the number of times,dates and amount per service. You stated in 2002 that he could no longer do so because of insurance issues. If you let him mow my mother's lawn in 2001, did the laws change in 2002? Please provide a detailed copy of receipts, dates of service and services provided by this current lawn service. 5 I want to know if you would clear up the mail issue especially where AJ Mendelsehn alludes in a letter adressed to Stan Laskowski where she accuses me via a reference of Tom Brown of the New Cumberland Post Office that I had tampered with my mother's mail. An extensive search and discussion with the Legal department of the US Post Office produced no such allegation by Tom Brown. I am however pursuing this. AJ Mendelsohn also promised a letter of retraction to Stan Laskowski due to AJ's error. Please follow-up on this. I fully expect a letter of retraction! Please provide me with a copy of the total amount of billable hours which AJ billed my mother's account as well as bank services. 6. I want to know why you did not do an insurance appraisal of my mother's personal inventory of her tangiible property? If my mother's house should be broken into now, there is not only no accurate inventory but the meager inventory that does exist only consists ofonly fair market value. There is also the problem of my personal extensive property which still is in my mother's home. I have credible information that in June 2001, my mother told you that my personal property was in her home and you also confirmed that my property was sited by you in June 2001 when you performed the inventory. I also have a question as to the meager value of only $100 for ALL of my mother's jewlery. Does this mean that my siblings took my mother's jewelryand if not where is my moher's jewlery and where is the accuarate appraisal of her jewelry? 7. I want to know if you are aware of the excessive costs for my mother's care in this NON SKILLED facility in Glen Ellyn in addition to my brother hiring an extra care-giver inside this facility every day. I also question the excessiver $85.00 per hour costs of Warren and Sanders when Judge Bayley did not order any supervision of my court ordered visits with my mother. I also question that my brother is only 2 hours from New Cumberland;my sister is only 3 hours from New York to New Cumberland, why has your bank has not questioned the execessive costs of having my mother stay in a state where my sister and brother are not working and are frequently absent? Essentially, I feel that my mother should be returned to her home where I can provide and organize all of the skilled care for her with minimun change to her home, where her priest, Church, friends and community can access her and the costs would be CHEAPER and save her assets for her care. As Stan has explained to AJ in the past, PNC bank cannot just pay bills without questioning the relevancy and appropdatness of the charges. PLEASE DO A COST ANALYSIS OF HER CARE IN CHICAGO VERSUS NEW CUMBERLAND. I HAVE ASKED YOU FOR THE BILLS AND RECEIPTS SO THAT I COULD DO IT MUCH CHEAPER THAN YOUR FEES BUT YOU HAVE CONSISTENTLY REFUSED ME COPIES OF MY MOTHER"S RECEIPTS!! 8. I want to know what your plans are to continue in demanding accounting from my brother for both trusts and especially that he is defiantly in contempt of any accounting for 2002? I personally want a full AUDIT, asset search, full investigation including depositions, and possibly freezing one of the Trusts. Please respond. 9. I want to know ifyou ever responded to Stan Laskowski's letter in October 2001 asking for financial documents regarding my mother's trusts just priorto the guardiaship hearing of person on October 8,2001. I will notpussy around on this request and tell you that you never informed Stan that you were having trouble getting my brother to relinquish his Trusteeship of my mother's Trust, therefore the Court never heard this testimony and you essentially KEPT QUIET and PROTECTED YOURSELVES!! 10. I want to know what you are going to do about my personal property in my mother's home? I recently had the opportunity to view my mother's home and discovered that my brother has moved and destroyed a large amount o my property. You had to have know this even as late as May 2001 when I called you to tell you that my brother was throwing out my personal property out on the curb. You then wrote me a letter in May 2001 but did you ever write my brother concerning my property or the disposal of my mother's property?. If so, please provide a copy of such letter. 11. Since there has been so much removal of my personal property, i am again asking to view my mother's home with your presence and an independent third party witness. If you continue to resist this, then I shall go to court seeking a court order. I am concerned as to the filing of insurance for these lost items as well as other obvious issues. I will not provide to you a list of my things only to have your bank say that ,"we don't know anything about her property". Remember you allegedly did an inventory in June 2001, but in May 2002 with Stan present in a meeting at AJ's office, you stated that you were trying to save taxes in the future. How will you accomplis~h this if you don't know what is my mother's property and what is mine?? Once I have identified my property in my mother's home, then I will be able to file a lost insurance claim and provide receipts for some of the items and other documentation. You cannot keep stalling me Dave only to protect your position on this obviously mismanaged situation. You have no jurisdiction over my personal property and you will eventually have to let me in to view and retrieve my property. I will ask for court costs for all of the time it has cost my attorney and myself to retrieve my property and all the costs which you have charged my mother's estate. 12. I am greatly concerned as to the substantial investment losses which I have seen in the last two mailings from your bank of my mother's assets. Can you explain in total detail just what stocks, assests, CD's, mutural funds, etc you have her assets invested in? Please explain to me if my mother is now 87 and almost 88 in November that her monies are not in SAFE saving accounts maybe not earning a fabulous interest rate but they are also not loosing a fabulous amount???? 13. Please tell me what you intend to do about your surchargeable issues conceming the monies lost even when you took over my mother's Trust in October 2001 yet you were responsible for this Trust since March 23,20017 14. Please explain to me why you allowed my brother and his accountant and CPA to complete my mother's IRS for 2000 and forward? I explained to you in Apdl 2001 that there was an inaccurate amount of $1900 paid out by my brother for her IRS for 1999. In lieu of what the current accounting has showed on the two trusts managed by my brother, I would have thought that back in 2001 you would have had an independent CPA do my mother's taxes. I also shared with you that I could assist you with vital information of my mother's estate. YOU CHOSE TO IGNORE AND NEVER ASKED ME FOR ANY INFORMATION OR ASSISTANCE. Please explain the above. 15. I have also asked you consistently over the last two years for copies of all checks written by my mother on PNC checking accounts for 1998 to the presenL If you have deliberately let time go by so that you can no longer retrieve these checks, I shall have a difficult time with this and seek appropriate court action. My brother and you have made accusations of me as well as several of your bank managers. I have every intention of explaining your ]accusations and demonstrating their inaccuracy. Dave back in the summer of this year, you threatened to sue me if i should make public the mismanagement of PNC Financial Advisors. As you know, I did not have to wait very long as PNC made the front pages of every Pennslyvania newspaper and others. Despite all of this ill-will, I still continue desire to work with your bank for the best and accurate interest of my mother. Numbers never lie Dave and banks do not make mistakes, people make mistakes. You are in a position now to do the right thing. People and history generally always forgive mistakes when people do not lie and they take responsibility for their mistakes. I am sure that in the era of "ENRON' that you do not want your bank to have to be involved in any major investigations especially when it concerns the elderly and the second largest population of elderly in the US is located in Pennslyvania and the largest city is Philadelphia. My interests have always been the complete honest and accurate TRUTH concerning my mother's a_ccoun~, and estate as well as my father's. I am asking you in the spidt of my father and mother who worked so hard to provide for us and for their future that you rise to do the right thing. I know as you know that without accurate banking and financial data it will very difficult to seek justice for my parents. I await a response to your letter. I shall give you one week to respond to me and provide me with my requests. These are not new requests. I will then go into court and seek court orders for full disclosure. All of the excessive charged to my mother's accounts, I shall ask for them to be credited. If'in the end, the banks, the attorneys take all of my parents assets like in Charles Dickens book, Bleak House, then I shall spend the rest of my life writing and testifying before any body of law, legislature, Congress,etc that will hear me. I am sure that I em not the first nor will I be the last. Please remember you do not have to be anybody to stand up and say NO MOREl Sincerely, Maril~n Gerber ~$ ~ am sure t~t your ~n ~octors can find a way to help you come out o~ this. This i$ an opportunity to turn you ~NC ^dvisom around and do something' ~ ~or the elderly o~ this state. I fear t~t if you do not, PNG shall ~ace serious consequon~:~o in t~ ~anking commune. You may think you have the market share in ~ennsl~ptania now but ke~ looking over your shoulder there is always semeone else I~tter, brighter and smarter.