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HomeMy WebLinkAbout07-11-03 O!?(qlfV ~ IN RE: MILDRED J. GERBER : IN THE COURT OF COMMON PLEAS TRUST UNDER AGREEMENT : CUMBERLAND COUNTY dated December 19,1997 : COMMONWEALTH OF PENNSYLVANIA j ORPHANS' COURT DIVISION . NO. 21-2002-0540 IN RE: FRED E. GERBER TRUST : IN THE COURT OF COMMON PLEAS UNDER AGREEMENT, dated : CUMBERLAND COUNTY July 29, 1994 : COMMONWEALTH OF PENNSYLVANIA : ORPHANS' COURT DIVISION : NO 21-1998-0195 ANSWER OF MARILYN JO GERBER TO PETITION FILED BY FREDERICK E. GERBER.II. (PETITIONERO FOR SUBSTITUTION OF JACQUELINE M. VERNEY FOR PNC BANK; AND IN THE AL TERNA TIVE AS A PETITION FOR RECONSIDERATION OF THE COURT'S ORDER OF JUNE 27,2003 IN GRANTING PETITIONER'S REQUEST FOR SUBSTITUTION. AND NOW comes Marilyn Jo Gerber, the eldest daughter and first child of Mildred J. Gerber, deceased and a full beneficiary of the Revocable Trust of Fred E. Gerber,Sr., dated July 29,1994, now irrevocable by reason of the death of Fred E. Gerber, and the Revocable Trust of Mildred J. Gerber dated December 19,1997 and amended on August 2,1999 and amended on August 2,1999 and January 26,2001, now irrevocable by reason of the death of Mildred J. Gerber and states: 1,2,3,4,5. Admited only insofar as these allegations are a matter of docketed entries of Record. It is denied that these accounts as filed by Petitioner are accurate, complete and in accordance with the law and acceptable accounting principles. 6,7. Admitted 8. Denied as an erroneous conclusion of law. Further, PNC Bank has not fully discharged its duties and obligations of its Guardianship under the law and it must be held accountable prior to discharge. Furthermore, during the pre-status conference hearing on June 25,2003 with William Duncan, the Court appointed Auditor with this Petitioner, Mr. Richard Rupp, and Ms. Joanne Christine, Esquire who has been recently substituted as Counsel for PNC Bank; present; Ms Christine stated openly to all present that PNC Bank was still managing the assets of both Trusts and had not been discharged by this Court. 9. The Record speaks for itself. 10. Admitted 11. Denied as an erroneous conclusion of law; PNC Bank must be accountable for its own actions or inaction prior to discharge. 12,13; Admitted 14. Denied as averred. Instant petitioner has no knowledge of these alledged facts especially since the executor in his petition has failed to attach any exhibits by PNC Bank refusing to proceed with its exceptions. 15,16. Denied. It is denied that Jacqueline M. Verney was the personal attorney of Mildred J. Gerber during her cognitive lifetime or that she is the logical choice to be substituted for PNC Bank to argue objections filed by PNC Bank as against the petitioner. On the contrary, there exists a palpable conflict of interest between her appointment and Petitioner-Trustee-Executor as he was instrumental in hiring her as attorney for his mother when she was mentally impaired and has since developed an relationship with her. During the entire process of Guardianship of Estate and the Guardianship of Person, Ms. Jaqueline M. Verney played the role of puppet ~ for Frederick E. Gerber,lI and Mr. Richard Rupp. Ms. Verney never took the position of investigatory and protective stature for Mildred J. Gerber as an impaired person. Ms Verney never investigated the financial excesses and irregularities of Frederick E. Gerber's II actions as was reported to her by this Petitioner, Marilyn Jo Gerber. Ms. Verney never completed her duties in representing the interests of Mildred J. Gerber during the Guardianship hearing as is mandated under the laws of representation of an incapacitated person. Ms. Verney played an almost "mute" presence in the Courtroom during the entire Guardiaship of Person process and is liable for Law Board Review for not declaring before this Court the actual intentions of Frederick E. Gerber,lI of which she had knowledge prior to Judge Bayley's decision of appointing a Guardian of Person on December 23,2002. The Court record shall speak for itself. The instant petitioner avers that this Honorable Court should appoint an independent counsel unknown to either of the parties to properly investigate and argue the objections of PNC Bank to the account filed by the Executor-Trustee (Petitioner) . On the contrary, Jacqueline M. Verney has in the past exhibited hostility toward Marilyn Jo Gerber including threats of legal action against her and Ms Verney has shown loyalty and partnership only to the Trustee who hired her. 17,18,19. Admitted. 20,21. Denied as an erroneous conclusion of fact and law. Wherefore Petitioner-Executor -Petition for substitution of Jacqueline M. Verney or successor to PNC Bank should be Denied. .5 NEW MATTER IN SUPPORT OF PETITION FOR RECONSIDERATION PETITIONER AVERS THE FOLLOWING: 22. The petition of the exectutor for substitution of PNC Bank was first presented to me at the hearing before William Duncan on June 25,2003 by Richard Rupp Esquire. I informed him immediately in the presence of Mr. Duncan that I was opposed to the substitution. At this meeting on June 25,2003 with Richard Rupp,Esquire, Joanne Christine, Esquire and myself present before Mr. William Duncan, Mr. Duncan asked each of us to answer four questions and provide to him our opinions. One of these questions was each of our opinions on the proposed substitution of Ms. Jacqueline Verney as presented to us by Richard Rupp on June 25,2003. This in and of itself is an informal demand by this Court's appointment of the Auditor, Mr. William Duncan for an opinion which in and of itself requires a period of time alotted for each party to respond. 23. Petitioner was not given twenty days to respond to the petiton filed by the Executor for substitutionm and in fact, it was unilaterally presented exparte to the Court for signature of the order on June 27,2003, two days after it was given to this Petitioner. 24. The appointment of Jacqueline M. Verney as successor trustee should be vacated by this Court as she is not impartial (having been hired by the Executor) and a hearing scheduled either before the Court or the Auditor should take place f . to take evidence on this matter. 25. Petitioner has bee prejudiced by the early and untimely entry of this Court's order and requests an opportunity to be heard on this issue. WHEREFORE, petitioner requests this Honorable Court to vacate its order of June 27,2003 and afford petitioner an opportunity to present her evidence on this issue. RESPECTFULLY SUBMITTED BY: Man 717M at St #317 Lemoyne, PA 17043 (117)503-5280 Date: ~!./Y:lM3 S- . VERIFICATION I, MARILYN JO GERBER,PRO-SE, verify that the statements in the foregoing document are ture anad correct to the best of my knowledge, information and belief. I understande that false statements herein are made subject to penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Date: ~/OI>>13 ? . ~ CERTIFICATE OF SERVICE y/U AND NOW, this / / day of June, 2003, I hereby certify that I have served a true copy of the within document on the following by depositing a true and correct copy of the same in the U.S. Mail at Carlisle, Pennsylvania, postage prepaid, addressed to: Richard Rupp, Esquire 355 North 21 st Street, Suite 205 Camp Hill, PA. 17011 Ms. Joanne Chrisitne, Esquire Rhoads & Sinon One South Market Square, 12 Floor Harrisburg, P A 17108 Ms Jacqueline Verney, Esquire 44 South Hanover Street Carlisle, P A 17013 Ms Jane Heflin 270 North Garfield Lombard, Illinois 60148 Mr. William Duncan,Esquire One Irvine Row Carlisle, Pennsylvania, 17013