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IN RE: MILDRED J. GERBER : IN THE COURT OF COMMON PLEAS
TRUST UNDER AGREEMENT, CUMBERLAND COUNTY
dated December 19,1997 : COMMONWEALTH OF PENNSLYVANIA
ORPHAN'S COURT DIVISION
NO. 21-2002-0540
OBJECTIONS OF MILDRED J. GERBER,BENEFICIARY
NOW COMES Marilyn Jo Gerber, on record in this Court on February 22,2001 as
Pro-Sa in oppositin of Frederick E Gerber,II's petition for co-guardianship of estate of
Mildred J. Gerber.
I. Petitioner, Marilyn Jo Gerber is a remainder beneficiary of the Mildred J. Gerber
Trust.
2. Petitioner, Marilyn Jo Gerber is the eldest child and daughter of Mildred J.
Gerber.
3. On March 22,2001, this Court appointed PNC Bank plenary guardian of the
Estate of Mildred J. Gerber, Incapacitated Person.
4. On October 3,2001, PNC Bank after Frederick. E Gerber,1I refused to resign as
Trustee;exercised its authority under Article 14(a) of the Trust, and appointed itself as
successor Trustee.
5. On June 4,2002, PNC Bank filed a petition to Cite Trustee to file an account of
administration after alledgedly attempting since May 2001 to secure accounting from
Frederick E Gerber,11 without success.
6. On June 10, the Honorable George E. Hoffer,P.J. in this Court ordered Frederick
E Gerber ,II to provide all accounting including receipts, disbursements and
distributions of the Trust to be provided by July 8,2002.
7. Pursuant to 20 Pa. C.S. 5521 (b) PNC Bank is required to collect, maintain and
administer the assets of Mildred J. Gerber.
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8. Frederick E Gerber, II represented by Richard CRupp, Esq. , filed a First and Final
Account for the"Revocable Trusf established by Mildred J. Gerber on December
19,1997 on July 8,2002.
9. This accounting was only a summary account from January 1,1998 to December
31,2001 WITHOUT any receipts or full disclosure of disbursements and distributions of
the Trust as requested by PNC Bank and ordered by this Court.
10. Frederick E Gerber,11 has failed to file any accounting of administration of the
Trust of Mildred J. Gerber for the year 2002 from January 1,2002 until present.
11. On August 1,2002, Frederick E Gerber," filed an Amendment and Supplement to
the First and Final Account for the period of January 1,1998 to December 31,2001.
There was no admendment for the period of January 1 ,2002 to the present.
AFFIRM THE FOLLOWING:
The following are this petitioner's objections and stated execptions to the First and
Final Account and the Amendment and Supplement of the Trust of Mildred J Gerber
by chronological order by year and date.
1998
12. Frederick E Gerber, II Trustee, known from here on in as Fred has failed to
properly provide receipts or documents of the actual funds received on January I. 1998
as indicated on the cover page of the First and Final Account.
13. Fred has failed to properly provide a receipt, letter, name of the bank and
branch and managers at Charles Schwab who held the assets of this trusts as stated
on page one.
14. Fred has failed to property provide the origin, source of monies and the person
who purchased the assets known as Nuveen PA Invt.Glty Mun and Strong High Yield
Muni B that were deposited into Charles Schwab on January 1,1998 and has failed to
provide any receipts.
15. Fred has failed to properly provide all receipts for 1998 from January 1 to
December 31 to verify income receipts and monthy statement receipts for the
following assets:
I. Nuveen PA Invt. QIty Mun
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2. Strong High Yield Muni B
3. Schwab Money Market Fund
16. Fred has failed to properly provide information and an explanation as to the
missing income receipts for the following periods (typed as See Note) on the First and
Final Account submitted on July 8,2002:
4130138
6/15198
6IJOJ98
7/15198
17. Fred has failed to fully account for receipts with dates of the Capital Gains for
the Nuveen PA Invt.QIty Mun and the Strong High Yield Muni B.
18. Fred has failed to fully explain the source and income receipts for the Charles
Schwab Money Market Fund and has failed to provide receipts for each month of 1998
of this asset as listed on page I and 2. Fred has failed to properly explain when
16496.90 shares at 1.0000 Schwab Money market Fund was purchased for
$16.496.90 in 1998 or provide receipts of the monthly receipts of such.
19. Fred has failed to account and identify the loss of $4,263.40 of Strong High
Yield Muni B (23,685.526 shares)during the year of 1998 as well as who invested and
managed this asset.
20. Fred has failed to account and properly provide receipts for the cash balance of
$1,298.35 listed in 1998 along with receipts, source, origin and investor and
manageras well as the bank which held this asset or any interest earned on this cash.
21. Fred has failed to provide the receipt and accounting of the Trustee's CPA or
his name, date, address, etc. of the listed unrealiazed gain for the accounting period of
1998 of $198.48 or his bill.
22. Fred has failed to identify and properly account with receipts the
Reimbursement receipts of $649.29 which were disbursed to him on 12/12/98 by each
expenditure and purpose of purchase and the recipient of such expenditures.
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23. Fred has failed to provide a receipt from Circuit City for a TV for Mildred for the
amount of $284.14.
24. Fred has failed to account for the excessive fees of $8,870.16 which are
perceived as unreasonable and unjustified to Rupp and Meikle on 12/23198 as well as
he has failed to provide receipts of services rendered, billable hours and reason for
such expenses or what exact legal services were provided, the purpose and for whose
benefit.
25. Fred has failed to account for his failure to dispurse income to Mildred J. Gerber
per the tenants of the Revised and Restated Revocasble Trust dated August
2,1999,pagel, 2 (a) To pay the income to the Grantor in convienent installments at least
quarter-annually.
26. Fred has failed to account for his failure to provide receipts including check
book ledger, cancelled checks (front and back) and monthly banking statements from
Charles Schwab, name of the Trustee's C.P.A. and his ledgers and statements or the
C.P.A.'s bill for services rendered,source of cash balance and bank which held this
asset as well as the checking account number as well as provide reason for (see note)
on several dates in 1998 for income receipts on page 1 and 2 of the First and Final
Account.
27. Fred has failed to account for his failure to provide a quarterly-annual statement
of accounting to the Grantor, Mildred J.Gerber as a basic fiduciary responsibility for the
year 1998.
1999
28. Fred has failed to properly provide receipts or documents of the actual funds
received on January 1,1999 for the following assests:
Nween PA Invt.QIty Mun
Strong High Yield Muni B
Schwab Money Market Fund
Cash Balance
29. Fred has failed to properly provide all receipts from January 1,1999 to
December 31,1999 to verify income receipts and monthly statement receipts for the
assets stated above in #28.
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30. Fred has failed to fully account for receipts with dates of the Capitol Gains for
the Nuveen PA Invt. Mun and provides no information as to whether there were any
Capital Gains or Short Term Gains for the Strong High Yield Muni B.
31. Fred has failed to account and identify the loss of $71,096.28 of the Nuveen PA
Invt.Mun as well as the significant loss in share price from $17.6875 to $13.2500 and
loss in shares from 11,882.3422 to 10,832.422 as well as provide monthly statements
from Charles Schwab of the gain and loss of this investment and the
managmentlmanager of this asset.
31. Fred has failed to account and identity the loss of $26,527.79 of the Strong
High Yield Muni B yet the share price of this asset went from $10.5100 at the end of
1998 to $19.2100 at the end of 1999 as well as provide receipts of monthly statements
from Charles Schwab of the gain and loss of this investment and the manager for the
year 1999.
32. Fred has failed to provide receipts and the montly profit and loss receipts and
manager for the Charles Schwab Money Market Fund which reflects a loss of
$12,786.19 and a drop in shares from 16,496.90 to 3,710.71.
33. Fred has failed to provide receipts and the montly banking statements, bank,
interest earned {if any} on the cash balance of $1,264.29 which reflects a loss of
$34.06 from 1998.
34. Fred has failed to provide receipts and transactions of the conversion to cash
1050 shares of the Nuveen Fund and at the actual price per share at the time of the
sale and what date,purpose of sale and disbursement of this assset and final
destination.
35. Fred has failed to provide receipts of the unrealized loss on investments for this
accounting period by each individual invested asset, date of loss, fund losses, the
name of the C.P.A. of the Trustee and his actual statement and ledger as well as the
name of the manager of these assets which resulted in UNACCEPTABLE LOSSES
OF $97,624.07 of the Grantor's Trust.
36. Fred has failed to provide and properly account for receipts for the C.P.A
Daniel G Gilliand, his address,location,date of services for tax preparation for $735.16
on 2114/99 and 7/12/99 as well as his accounting, ledger,balance sheets,etc.
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37. Fred has failed to provide and account for the excessive fees of $3,000.00
which are perceived as unreasonable and unjustified to Rupp and Meikle on 11109199
as well as he has failed to provide receipts of services rendered,billable hours and
reason for such expenses or what exact legal services were provided, the purpose
and for whose benefit.
38. Fred has failed to provide accounting and receipts for Charles Schwab of
Margin interest, check order fee for the dates listed on page 9 for the year 1999.
39. Fred has failed to provide receipts and copies of check book ledger, cancelled
checks (front and back) of the disbursements of principallincome to beneficiaries for
1999 as well as purpose of disbursement and for whose benefit and statement of
need, whether this is a loan, taxes paid on disbursements or of beneficiaries,etc.
40. Fred has failed to provide receipts and accountability of disbursements to all
parties listed in 1999 other than Mildred J. Gerber which violates the provision of the
Trust under Article 2 of the Trust which that during Mildred J. Gerber's lifetime, she is
the only beneficiary of the income and principal of the Trust.
41. Fred has failed to provide receipt for the purchase and use of the Bell Atlantic
Mobile for 6/16/99 Telephone Mildred as well as the bill along with its receipts.
42. Fred has failed to provide the receipt and properly account for the EXCESSIVE
expenditure of a ScannerlFaxlCopier for Trust Management for the amount of
$1,082.51 as well as identify the location, purpose of management, tax deductions for
this capitol expense,etc.
43. Fred has failed to provide and properly account for the receipts, statements for
the financial institutions listed in 1999's disbursements of prinical to beneficiaries
known as USAA, Capita One, Director of Finance as listed on pages 9 and 10 for the
year 1999.
44. Fred has failed to provide and properly account for the loan of $5.000 to Jane
Heflin including loan documents, purpose of loan, financial documents to substantiate
this loan and from which institutionA:>ank this amount was disbursed. copy of check
(front and back), date of loan agreement and date of disbursement.
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45. Fred has failed to provide and properly account for the PA Dept of Revenue for
the dates, 11101/99 and 11101/99 for Mildred including receipts,copy of filing, who
prepared this tax,fee for this service, recipient of any service fee, C.P.A. if any.
46. Fred has failed to provide and properly account for a copy of the wire transfer
and purpose and recipient of a wire transfer for $17,700.00 along with the date,
purpose, payee,bank,etc.
2000
47. Fred has failed to properly provide receipts or documents of the actual fund
received on January 1,2000 for the following assets:
Nuveen PA Invt. City Mun
Strong High Yield Muni B
Schwab Money Market Fund
Cash
48. Fred has failed to properly provide all receipts from January 1 ,2000 to
December 31 ,2000 to verify income receipts anad monthly statement receipts for the
assets listed above in 148.
49. Fred has failed to properly provide information and fully explain the gain of
$5416.18 on the Nuveen Fund on December 31,2000 with any receipts including
montly statements transactions,name of manager or lack of the change in the number
of shares.
50. Fred has failed to properly provide information and fully explain the loss of
$16816.72 of the Strong Yield Fund on December 31 ,2000 with any receipts including
montly statements, transactions, name of manager or the dramatic change in price
from $19.2100 on December 31,1999 to 48.5000 on December 31,2000.
51. Fred has failed to properly provide information on the loss of $11,400.54 for the
Schwab Account dated December 31,2000 or provide receipts, monthly
statements,reason for this loss, manager of this fund,etc.
52. Fred has failed to properly explain the disappearance of 3710.71 shares of
1.0000Schwab Money Market Fund assets along with receipts, dates of sale, seller,
montty statements, manager and where this money went.
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53. Fred has failed to properly explain the disappearance of Cash balance of
$1,264.29 as stated on December 31,1999 and a zero balance of cash as stated on
December 31,2000 along with receipts of this cash loss, disbursement of this cash, to
which individuals or institutions, name of the bank that held this cash, purpose of
disbursement or loss,etc.
54. Fred has failed to provide receipts of the unrealized loss on investments for the
accounting period of 2000 be each individual invested asset,date of loss, fund
losses,the name of the C.P.A. of the Trustee and his actual statement and ledger as
well as the name of the manager of these assets which resulted in UNACCEPTABLE
LOSSES OF $11,400.54 of the Grantor's Trust.
55. Fred has failed to acccount for his failure to provide a quarterly.annual
statement of accounting to the Grantor,Mildred J Gerber for 1999 and 2000 as a basic
fiduciary responsibility.
56. Fred has failed to provide a copy of the checks #201 and 1202 for $2,100.00
along with individual amounts, recipients, copy of each check (front and back)and the
accounting adjustment by Fred's C.P.A. on his ledger sheet. 2001 .
57. Fred has failed to provide receipts and accounting for the Less Margin Loan
Outstanding of $1,212.21 on page 16 for the year 2001 and the copies of what this line
relates to and its relationship to the assests for 2000.
58. Fred has failed to account and provide receipts for excessive and unjustified
expense of $500.00 to Undsay Baird for legal services on 4/05/00 as well as he has
failed to provide receipts of services rendered,billable hours and reason for such
expenses or what exact legal services were provided, the purpose and it's legal
relationship to this Trust and for whosebenefit.
58. Fred has failed to account for the excessive fees of $3,000.00 which are
perceived as unreasonable and unjustified to Rupp and Meikle on 4/05/00 as well as
he has failed to provide receipts of services rendered, biilagble hours and reason for
such expenses or what exact legal services were provided, the purpose and for whose
benefit.
59. Fred has failed to for receipts or explain the disbursements to Charles Schwab
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as listed on page 14 as Margin Interest for the year 2000 as well as copies, ledgers,
montly statements and to which asset each line Margin Interest amount is attributed to.
60. Fred has failed to provide receipts and copies of check book ledger, check
numbers, cancelled checks (front and back) of the disbursements of principallincome
to beneficiaries for 2000 as well as prpose of disbursement and for whose benefitas
well as statements of need, loan agreements, tax payments,etc.
61. Fred has failed to provide receipts and accountability of disbursements to alii
parties listed in 2000 other than Mildred J. Gerber which violates the provision of the
Trust under Article 2 of the Trust which that during Mildred J. Gerber's lifetime, she is
the only beneficiary of the income and principal of the Trust.
62. Fred has failed to provide receipts and explain the EXCESSIVE and
UNREASONABLE and UNJUSTIFIED expenses for tuition for Sean Heflin, who is a
beneficiary of another Trust established by Fred E Gerber,Senior on July 29,1994.
63. Fred has failed to provide receipts and properly explain the expenditures of
$1,192.00 to Jane Heflin on 1f.31/OO along with receipts, purpose of travel
expenditures, copies of check (front and back) check I and authorization of such
expenditures.
64. Fred has failed to explain and provide receipt for $3,812.18 on 7f2.7100 for Dell
Marketing and for what purpose, the beneficiary, the copy of the check (front and
back),the location and authorization of this expenditure.
65. Fred has failed to provide a receipt of the PA Dept. of Revenue for $213.00 on
9/18/00 along with a copy of such filling, the preparer, reason for this expenditure.
66. Fred has failed to provide a proper explanation for the expenditures of
$1,050.00 on 12/24/00 listed as a collegelChristmas gift to Mischa Gerber nor has he
provided a receipt, check (front and back), check I, purpose of College expenses or
the breakdown of the Christmas gift. Fred has also failed to explain the expenditure of
$1050.00 for Sascha Gerber on 12124/00 with the same requests. Fred has failed this
expenditure as these beneficiaries are beneficiaries of another Trust established by
Fred E Gerber,Senior on July 29,1994.
67. Fred has failed to provide receipts or properly explain the EXCESSIVE
expenditures on his issues, Mischa and Sacha Gerber as well as his sister, Jane
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Heflin and her issue, Sean Heflin with receipts, loan agreements if any, explanation of
need and intent of purpose and request or approval from the Grantor per the tenants of
this Trust.
2001
68. Fred has failed to properly explain and provide receipts or documents of the
actual funds received on January 1,2001 for the following assets:
Nuveen Pa Invt.QIty Mun
Strong High Yield Muni B
69. Fred has failed to properly explain and provide receipts or documents of all
receipts from January 1,2001 to December 31,2001 to verify income receipts and
montly statemetns for the assets listed above in #68.
70. Fred has failed to properly explain and provide receipts for Less Margin Loan
Outstanding for $1,212.21 along with explanation of such line item of assets on page
17.
71. Fred has failed to to provide and account for the EXCESS IVE and
unreasonable and unjustified amount of $5,000.00 to Rupp and Meikle on
1/25101,$7,000 on 1131101$5,000 on 3/13101,$5,000 on 3122101,$500.00 on 5/24101for
a total of $22,500. as well as he has failed to provide receipts of services
rendered,billable hours and reason for such expenses or what exact legal services
were provided, the purpose and for whose benefit as well as knowledge of the Grantor
of such excessive expenditures.
72. Fred has failed to provide receipts or properly explain the expenditure and
unreasonable and unjustified expense of $1,000 to Jacqueline Verney on 5/24101 as
well as provide receipts of services rendered, billable hours and reason for such
expenses or what exact legal services were provided, the purpose and for whose
benefit as well as knowledge of the Grantor of such excessive expenditures.
73. Fred has failed to provide receipts or properly explain theexpenditure and
unreasonable and unjustified expense of $1,500.00 to Lindsay Baird on 5/26101 as
well as provide receipts of servidces rendered,billable hours and reason for such
expenses or what exaft legal sercies we4re provided, the purpose and for whose
benefit as well as knowledge of the AGrantor of such excessive expenditures.
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74. Fred has failed to provide receipts and properly explain the expense of $351.40
to Daniel G Gilliland,C.P.A. for Income Tax Preparation nor has he provided any
copies of said account's ledger, statements, or copy of tax form and for what year, what
purpose and for whose benefit.
75. Fred has failed to provide receipts and properly explain all of the Charles
Schwab Margin Interest expenditures on page 19 for the year 2001 as well as itemize
each expense and its relationship to all assets by monthy receipts.
76. Fred has failed to provide receipts and properly explain all expenditures of the
Trust's principal and income to beneficiaries: Jane Heflin, Frederick Gerber,Sascha
Gerber,Fred Gerber,Jane Gerber, Mischa Gerber which are listed on pages 19,20 and
21 of this Accounting.
n. Fred has failed to provide receipts, copies of check (front and back) with check
numbers, source of bank, reason and purpose of disbursements, for the EXCESSIVE
and UNJUSTIFIED distribution of monies to the following of exceptional note:
Jane Heflin 3106101 $ 900.00
Jane Heflin 3/12101 $1,839.74 Total: $4,376.75
Jane Gerber11/11101 637.01
Jane Gerber Heflin 6107101 $1,000.00
Frederick Gerber 3/17101 $2,264.58
Fred Gerber 7123101 $1.080.71 Total: $7036.97
Frederick Gerber 8123101 $ 714.70
Frederick Gerber 11~5101 $1,821.43
Wachovia MC Fred Gerber reimbursement $726.97
Wachovia Fred Gerber reimbursement $438.63
K-Mart Mildred household items $556.50 6/15/01
Derr's House Cleaning Hilltop Dr $700.00 6123101 Total:
Home Depot Hilltop Dr. $335.17 7121101 $2,684.42
Framer's Workshop Diplomas Mildred $1,092.75 6123101
Fred has failed to provide receipts of travel, household items purchased,number
of diplomas framed, house cleaning by rooms in house with details, what was
Cleaned,food,gas,restaurants,clothing, train fares,plane fares especially dates of travel
around 6/23/01 and location of the Grantor,Mildred Gerber when such expenses were
incurred at Hilltop Drive for House Cleaning and Framer'sWorkshop, Chicago, New
Cumberland or Washington, D.C. area.
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78. Fred fails to explain and provide the copy and tenants of the loan made to
Sascha Gerber on 7/11101 for the amount 01$500.00 as well as the purpose and
explanation of need and financial statement of need.
79. Fred fails to provide receipts and explanation of monies paid for medication for
Mildred Gerber when she received medications at Carlisle Barricks in Carlisle,
Pennslyvania,such items as Rite Aid on 7129/01 for $27.00 and on 11125/01 for
pharmarcy notes as $1,821.43. Fred has failed to explain any insurance policies and
benefits and discounts for medications for Mildred Gerber under Medicare and MRP
insurance policies.
80. Fred has failed to provide receipts, copies and documents on Homeowner's
Insurance, AUSA 6101/01 $90.00,Atlantic Insurance Mgmt on 9123/01 for $208.00,and
most specifically Globe Life for $69.00 on 11/25/01 including the actual copy of the
policy and all the benericiaries.
AMENDMENT TO 1999: has failed to explain with copies and expense receipts for
Atlantic Insurance Mgmt on 9130/99 for $151.00.
AMENDMENT TO 2000: has failed to explain with copies and expense receipts for
Mutual of Omaha Ins. Premium-Mildred $30.00 along with the copy of insurance and
the beneficiaryon 4/18/00. Has failed to provide copies of Atlantic Insurance Mgmt on
9126/00 for $157.00.
81. Fred has failed to explain and properly provide receipts for Disbursements to
PNC Bank-Guardian of the Estate of Mildred J. Gerber of the following:
11107101 PNC $269,530.28
12/11/01 PNC $ 596.14
for a total of $270,126.42 as well has failed to explain the source of these funds,
assets, sale of assets, gains of assets, source of bank, dates of sale, manager of
assets and to whom these assets were transfered to at PNC Bank.
82. Fred has failed to explain and properly provide information as to pate 22 of the
First and Final Account where there are five notations of See Note: for the following
amounts: 1/23/01 $30,000
1123/01 $ 1,000
112~1 $1,500
3120101 $1,500
5130/01 $25,000 for a total of $59.000
83. Fred has failed to explain and properly provide receipt for Schwab Account
/:1/
Cash $0.02 and has failed to provide a account number,date and reason for the
amount when this account had not been listed on the accounting for two years.
84. Fred fails to account and properly provide receipts on the gain of $11,399.48.00
on the sale of the Nuveen Fund without dates, price at sale. where the monies were
transtered to and to which bank or beneficiary.
85. Fred fails to account for 23,685.5260 shares of the Strong Yield Fund listed at
the beginning of 2001 for $201,326.97 and provides no receipts of date of sale.
monthly receipts and statements and to whom these monies were disbursed to:
Mildred or her issues or others and in what increments.
86. Fred fails to account for insurance payments to Marilyn Gerber to Acacia Life
Insurance policies for 1999 through 2001 without copies of the policies, dates of the
policies, or beneficiary or value of the policies.
87. Fred fails to account for payment of interest on a margin account in
1999,2000,and 2001 for the total amount of $3036.43 without any documentation and
copies of the margin investments and thus wasting of the Trust assests in viotation of
Accountant's fiduciary duties.
88. Fred fails to explain multiple distributions to a rental property in
Baltimore. Maryland without proof that this property is an asset of this Trust or it is even
owned by the Beneficiary of this trust. Nevertheless, Fred has paid out in excess of
$1,98.89 for expenses for this property without receipts or statements of purpose or
copies of taxes due to Director of Finance on 7/27/00 or on 8/20100 or on 11121101 to
Valley Bank of MD.
89 Fred fails to separately state disbursements and distributions of income and
principal, fails to report the fiduciary acquisition value of the Trust assets, fails to report
specifically the gains and losses on sales or other dispositions of Trust assest in
1999,2000 and 2001. Fred fails to report investments made and changes in investment
holdings in 1999,2000 and 2001.
90. Fred fails to conform to the fiduciary accounting standards set forth in Supreme
Court Orphans' Court Rule 6.1. and breaches Accountant's duty to render a clear and
accurate account.
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91. Objector, Marilyn Jo Gerber reserves the right to raise objections that may arise
from time to time.
92. FRED E GERBER,II has FAILED TO PROVIDE any accounting or receipts for the
year 2002 from January 1,2002 to the present per the order of this Court.
93. FRED E GERBER,II has FAILED TO give Mildred J. Gerber any quarterly-
annual payments from this Trust for 1998,1999,2000,2001 and 2002.
94. This petitioner, Marilyn Jo Gerber concurs and agrees with the Objections of
PNC Bank entered into this Court on August 23,2002 and encloses a copy of such.
WHEREFORE, Marilyn Jo Gerber, a remainder beneficiary and first child and
daughter of Mildred J. Gerber, an incapacitated person, respectfully requests that this
Court:
(a) deny the request of the Accountant, Fred E Gerber, II to confirm the First and
Final Account of the Accountant for the Mildred J. Gerber Revocable Trust originally
dated December 19, 1997,as filed;and
(b) demand a full and accurate accounting including all copies and
receipts,ctocuments as requested by PNC Bank on June 4,2002 as well as this
petitioner by her said Objections dated, August 26,2002.
(c) Find the Accountant, Frederick E Gerber, II in CONTEMPT for failure to
provide accounting for 2002.
(e) Asks that this Court enters an order for FULL DISCOVERY including
interrogatories, depositions and disclosure of this Accounting to include specifically
depositions of Frederick E Gerber, Jane Noel Heflin, Sean McCloud Heflin, Amanda
Noel Heflin, Sascha Adrian Gerber, Frederick Sascha Gerber and Petra Gerber, and
any or other persons or insitutuions deemed necessary through depositions.
supoenas,etc.
(f) Surccharge Frederick E Gerber,ll, for the amount of distributions and
disbursements improperly paid from the Trust as set forth in the foregoing Objections.
If
(h) Ask this Court to Remove Frederick E Gerber,lI as any future Executor,
Trustee or Power of Attorney for Mildred J Gerber under special circumstances as
having abused his powers, his representation and most especially his fianancial
abuse of his sister, Marilyn Jo Gerber.
(i) Ask this Court to enter an Order of Investigation for the District Attorney to
investigate a conscious intent to defraud and steal funds from Mildred J. Gerber since
February 22,1998 along with his attorneys: Herbert Rupp, Richard Rupp, Jacqueline
Verney and Undsay Baird who enriched themselves consciously with intent to aid an~ ,-
assist this Accountant and to inflict harm on this beneficiary,Marilyn Jo GerberQAtd-1J. ~ \J. A
0)) Ask this Court to FREEZE aD the accounts of this Trust for Mildred J. Gerber r
until a full and complete and acceptable accounting has been completed and entered
into this Court.
(k) Ask this Court to ORDER A FULL AND COMPLETE INDEPENDENT AUDIT
OF ALL FINANCIAL ACTIVITES AND ASSESTS OF THIS TRUST OF MILDRED J.
GERBER including any investigation of the benefited beneficiaries with a complete
asset search of their independent assets and financial holdings as is necessary to
complete this audit.
(I) Ask this Court to surcharge Frederick E Gerber,11 for all disbursements of
funds and losses of investments that he paid out after March 23,2001 when he violated
this Court's order to give Guardianship of Estate to PNC Bank for the incapacitated
person of Mildred J. Gerber. This total is an alledge total of $29,421.52 on page 10 of
this First and Final Account and a additional amount of $30,000 on 1123101 to Fred E.
Gerber paid to Sun Trust Bank which this petitioner believes was intentional attempt to
defraud the Grantor's estate just prior to filing a Motion for Guardianship along with
PNC Bank in addition to $3,000 to Jacqueline Verney on 1124101 and 312001 in an
attempt to defraud the Grantor of her monies prior to losing her rights. It is the belief of
this petitioner that the $30,000 taken as a gift for Fred Gerber was then transfered to
Richard Rupp on ~9101 when Frederick E Gerber. II filed for Guardianship of Person
without disclosing accouting to this Court or to PNC for over three and half years.
(m) Ask for Relief for this petitioner as is appropriate and deemed legal by this
Court.
(n) Ask that all attorney fees of Rhoads & Sinon LLP and fees of PNC Bank be
reimbursed to the Grantor, Mildred J. Gerber from the surcharge of Frederick E
Gerber,11 as well as fees to Charles Schwab and any other banks or financial
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institutions that are deemed meritorious.
(0) Ask this Court to REMOVE Frederick E Gerber, II as Guardian of Person of
Mildred J. Gerber as a premeditated conspirator along with Herbert Rupp and Richard
Rupp and Jacqueline Verney and Lindsay Baird to defraud and benefit from Mildred J
Gerber with an attention to commit intentional emotional and financial harm.
MARILYN JO GERBER
BY: Marilyn Jo Gerber,PRO,SE
42 Drexel Place
New Cumber1and,PA 170070
(717) 500-5280
Date: ~ .2b/ O~
/~
. ' ~
CERTIFICATE OF SERVICE
I hereby cetify that on this ~y of ~2002, a true and correct
copy of the foregoing OBJECTIONS TO MILDRED J.GERBER was served by
means of United States mail, first class, postage prepaid,upon the following:
Richard C Rupp, Esquire
Rupp and Meikle
Attorney for Frederick E Gerber,11
336 North 21st Street,Suite 205
Camp Hill, P A 17011
Rhoads & Sinon, LLP- Amy J Mendelsohn, Esquire, Attorney for PNC Bank
One South Market Square
PO BOX 1146
Harrisburg, P A 17108-1146
Ms Jane Heflin
270 N. Garfield
Lombard, IL 60148
t-