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HomeMy WebLinkAbout11-04-04 IN RE: MILDR D J. GERBER TRUST IN THE COURT OF COMMON PLEAS UNDER AGRE MENT DATED CUMBERLAND COUNTY, PENNSYLVANI DECEMBER 1 ,1997 ORHPANS' COURT DIVISION NO. 21-2002-0540 IN RE: FRED . GERBER, SR. TRUST NO. 21-1998-0195 UNDER AGR EMENT DATED JULY 29,1994 NSWER AND OBJECTION TO MOTION FOR PAYMENT OF EGAL FEES FOR JACQUELINE VERNEY TO BE PAID BY THE 'XECUTOR OF THE MILDRED J. GERBER TRUST AND NO , comes Marilyn Gerber, Pro Se and Objector to the Accounting as filed by Frederck E. Gerber,11 for the Mildred J. Gerber and the Fred E. Gerber,Sr. Trust on July ,2002 and objects to the motion filed by Jacqueline Verney, Esquire petitioning this Court for Payment of Fees by the Executor of the Estate of Mildred J. Gerber for the following reasons: 1. Jacqu line Verney was presented to this Court by Mr. Richard Rupp, Esquir on June 24,2 03 attorney for Frederick E. Gerber, II as a substitute to prosecute the Objections fild by PNC Bank filed on August 27,2002 to the Accountings filed by Frederick E. erber,11 for the Mildred J. Gerber Trust and the Fred E. Gerber, Sr. Tr st on July 8,200 2. This ourt signed Mr. Richard Rupp's Petition substituting Ms. Verney on June 27,2003 This order was signed by this Court only three days after it was filed and Marilyn erber did not have the allotted time as provided by the Pennsylvania Rules of Civil rocedure to files an answer or objection. This Petitioner did howeve r and petition for Reconsideration of the Substitution of Ms. Verney based on that acts that Ms. Verney is not an impartial prosecutor and threatens the rights of this P titioner as beneficiary of the Mildred J. Gerber Trust and the Fred E. Gerber,1I Trust. 3. Ms. V mey was substituted on June 27,2003. Ms. Verney claims that she has undertake her duties and responsibilities and has amassed bills for said work i connection wit the objections against the above referenced Trust accountings. However, Ms. erney is the fourteen months that has passed since June 27,2003 only first show d up at a status conference hearing in Mr. Duncan's office, the Audit r, on September 20,2004. Ms. Verney NEVER showed up at the status hearing to decided the di covery schedule for the upcoming hearings of the above referenced Trust accounti gs which were set for November 15,16, 2004. At this conference, Ms Verney state that she had not done any discovery as she has shared this informati n with Marilyn G rber a week earlier on the the telephone as she wanted to avoid incurring legal costs for the beneficiaries. She also stated that she had only just received any iscovery from Mr. Rupp yet interestingly enough, Ms. Verney never submitted any Requests for Production of Documents nor had she supposed anyon for discovery. All that Ms. Verney had in her hands at the September 20,2004 meet" g was the line a counting for the two Trusts and the Objections filed by PNC Bank. S e states to all p sent that she had just received the checks and monthly Charles Schwab state ents from Mr. Rupp. This does not represent amassed bills for her said work. 4. Durin the September 20,2004 status hearing with Ms. Christine of PNC B k present, Mr. ichard Rupp, Marilyn Gerber and Mr. William Duncan present, a stipulation for I gal fees to be paid for Mr. William Duncan was discussed and it was discussed that the fees for each Trust would be paid for Mr. Duncan's duties perform d for each Trust. Mr. Duncan agreed to submit his billable hours for the last two years Ms. Verney b ought up the issue of her legal bills and how they would be paid. Marilyn Gerb r brought up the issue that she was going to file a Petition to have P Bank reinstate to argue their Objections. Marilyn Gerber also brought up that her fe s would have to be approved by Mr.William Duncan and the source would have to co e out of the Mil red J. Gerber Trust. It was agreed that this issue would be continued and on Septe ber 28,2004at the PNC Bank hearings of their Accounting for the Mildred J. Ge er Estate and Trust, all parties signed an order of stipulation for legal fees for Mr. D ncan and all of the counsels issues for the upcoming hearings. Ms. Vemey's fees nd her requests was removed and tabled until Mr. Duncan could address them t the hearings on November 15,16,2004. 5. This P titioner filed her Motion on October 27,2004 to Reinstate PNC Bank . Vemey's substitution null and void. This Petition speaks for itself in rilyn Gerber has in the lack of discovery and deposition of Frederick Gerber,1I and er partiality, hostility and threatening demeanor toward Marilyn Gerbe . 6. In Ms. Verney's Motion for Payment of Legal Fees, she does not address wh re she wants the moneys to come from for her legal fees and duties or explain why. Yet on the fro t cover: ORDER OF COURT, Ms. Verney slips in that she wants authorization om this Court to pay her reasonable attorney's fees incurred by the Executor of th Estate of Mildred J. Gerber. This Petitioner begs the Court to read between the lines of what Ms. Verney is asking this Court to authorize. First, PNC Bank file for an accounting of the Mildred J. Gerber Trust and the Fred E. Ger r Sr. Trust. PN Bank did this as the Trustee of the Mildred J. Gerber Trust. PNC Ban petition for accountings of the two Trusts as the Guardian of Estate. The Executorf the Mildred J. Gerber Estate is Frederick E. Gerber,11 who is now bei g prosecuted for Objections filed by PNC Bank and Marilyn Gerber. Frederick E. Gerb r, II became the xecutor upon the death of Mildred J. Gerber on January 14,2003. As Frederick . Gerber,1I is not an impartial party of the upcoming hearings on his Accountings, arilyn Gerber absolutely asks this Court to vigorously object to the Executor payi g her legal bills. Frederick E. Gerber paid Ms. Verney's legal bills when he used her as an attorney during his Petition for Guardianship of Person of Mildred J. Ger er and for his Petition for Guardian of Estate of Mildred J. Gerber. Frederick E. G rber,11 sought and hired Ms. Verney for his personal desires that he brought to this Court over the past four years. To allow Frederick E. Gerber,1I the Executor of th Mildred J. Gerber Estate pay her bills violates all principles of 6. Ms. V rney also lists the Mildred J. Gerber Estate on her front page of her Motion for Pa ment of Legal Fees. This Petitioner points out that Mildred J. Gerber' Estate has no bearing on the upcoming hearing of the Objections of the Mildred J. Gerber Trust r the Fred E. Gerber,Sr. Trust. There has been NO ACCOUNTING for the Mildred J. erber Estate filed by Frederick E. Gerber, II which is another issue that this Court has yet to question or has heard any motions on. 7. Mr. illiam Duncan, the Auditor appointed by this Court on December 4, 20 2 is the only Ma ter that can ultimately approve all legal bills as they are submitted to him. Mr. Dune n is the only authority that can authorize any payments that come fro the respective ounsels for the Objections filed by PNC Bank and Marilyn Gerber. The other prob em is that the legal fees can only come out of the Mildred J. Gerber Trust and the red E. Gerber,Sr. Trust and an accounting of her legal fees must be presented and it is also the right of each beneficiary to file objections to any of the counsels fees. This is no different than the fees that PNC Bank filed in their accounti g for their role a Guardian of Estate for the Mildred J. Gerber Estate and Trust. 8. Anoth r concern is that PNC Bank is still and will always be the Trustee of the Mildred J. erber Trust. It will be questionable if Frederick E. Gerber,11 who is the Trustee of he Fred E. Gerber,Sr. Trust is he will be allowed to write checks for his attorney or Ms. Verney. This matter will be determined by Auditor Duncan. There is also Motion in this Court filed by Marilyn Gerber asking for all assets to be frozen until the many motions, hearings, and audit decisions are settled. 9. rney should not fear that her fees will not be paid. However, it is very important that er fees are taken from the correct source; that her fees are legally approved and hat all parties have access to her legal fees for review. The source from where he legal fees are paid from determine the inheritance of the beneficiari s and affect so e beneficiaries more than others. 10. The ildred J. Gerber Estate pours over to the Mildred J. Gerber Trust and PNC Bank is t e Trustee of the Mildred J. Gerber Trust. 11. The xecutor, Frederick E. Gerber,11 does not have access to the Mildred J. Gerber Estate as PNC Bank has not been signed off as the Guardian of Estate. 12. Ms. V rney's attempt to mislead this Court by asking this Court to approve th t the Executor 0 the Mildred J. Gerber Estate authorize and pay her fees is an attempt to circumvent any legal issues and exempt her fees from the scrutiny of the Auditor and the appro al of the beneficiaries. 13. Mr. Ri hard Rupp to date has not filed a motion asking where his fees for the defense of Frederick E. Gerber, II will be paid as Frederick E. Gerber,1I faces being surchar ed for the objections filed by PNC Bank and Marilyn Gerber. Again, Audiltor Dunca has been appointed to make the final decisions and distribute funds if there will be ny surcharges. 14. PNC nk currently holds all of the assets for the Mildred J. Gerber Estate and the Mildre J Gerber Trust and the Executor cannot access them. The moneys of the home of Mildred J. Gerber which are part of the Mildred J. Gerber Trust are currently in es row upon approval and finality of all the Gerber issues. 15. Maril n Gerber requests that this Court DENY MS. Verney's Motion for Payment of Le al Fees and that this Court hear this Petitioner's Petition to Reinstate PNC Bank as rosecutor of their Objections and declare Ms. Verney's fees null and void. This Pettioner has asked that Frederick E. Gerber,11 pay Ms. Verney's bills if she is remove by this Court due to Frederick E. Gerber,ll's attempt on June 24,200 to mislead this Court in their original motion to substitute Ms. Verney. 16. lam ot asking that Ms. Verney not be paid, but I am asking this Court to have the Audi or determine where and how much will be paid and the source of these paymen s. This Court may ask the question that it does not matter where the source of pay ent for fees matters but as Marilyn Gerber is a beneficiary, it does matter from w ich Trust or source as it affects her inheritance. WHER FORE, Marilyn Gerber requests that this Honorable Court deny Ms. Verney's moti n to authorize reasonable fees be paid by the Executor, Frederick E. Gerber,1I and ppoint the Auditor, Mr. William Duncan to decide the source of her fe and authorize er fees for payment and not the Executor, Frederick E. Gerber, II. Respectfully submitted, /, -. o P1 , , ;/ ) Ju-t.vd. Marilyn Gerbe 717 Market Street. Lemoyne, PA 17043 DATE: ;{ 1. .ffZt7) Lf CERTIFICATE OF SERVICE I, Marilyn erber, hereby certify that a true and correct copy of the attached Answ r Objection for J cqueline Verney Legal Fees to be Paid by the Executor of the ,.."~ Mildred J. Ger er Trust" upon the following on ,(,1" oay of October,2004 by postage, prep id addressed as follows: Ms. Joanne C ristine Rhoads & Sin n One South M rket Square Harrisburg, P 17108 Ms. Jacquelin Verney 44 South Han ver Street Carlisle, PA 1 103 Mr. Richard R pp 355 North 21s Street Camp Hill,PA. 17011 Mr. William D ncan One Irvine Ro Carlisle, PAn 1 103 ) ,-. /1 I BY: / Ai {, ~ . , Marl n Gerber,ProSe ti Date: -. ,J(