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HomeMy WebLinkAbout11-05-04 IN RE: MILDR D J. GERBER IN THE COURT OF COMMON PLEAS TRUST UNDE AGREEMENT CUMBERLAND COUNTY dated Decemb r 19,1997 COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURTYVISION NO. 21-2002-0540 IN RE: FRED . GERBER,TRUST IN THE COURT OF COMMON PLEAS UNDER AGRE MENT, dated CUMBERLAND COUNTY July 29,1984 COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DIVISION j NO. 21-1998-0195 \/ I : ETITION TO REINSTATE PNC BANK, TRUSTEE FOR THE ILDRED J. GERBER TRUST AS THE OBJECTOR FOR THE URPOSE OF PROSECUTING OBJECTIONS FOR THE ILDRED J. GERBER TRUST AND THE FRED E. GERBER TRUST D DECLARE JACQUELINE VERNEY'S SUBSTITUTION TO B NULL AND VOID. AND NO comes Marilyn Gerber, (Petitioner), a full beneficiary of the Mildred J. Gerber Trust d the Fred E. Gerber Trust now irrevocable by reason of the death of Fred E. Ger er and Mildred J Gerber and states: I. On Marc 22,2001, PNC Bank was appointed Guardian of Estate of Mildred J. Gerber, an in pacitated person. 2. r 3, 2001, PNC Bank removed Frederick E. Gerber, II as Trustee of th Mildred J. Ger er Trust. 3. In June 2 02, PNC Bank filed a petition for an accounting of the Fred E. Gerber Trust and the ildred J Gerber Trust. They did this as the Trustee of Mildred J Gerb r and not solely s the Guardian of Estate of Mildred J. Gerber. PNC Bank has no authority as G ardian of Estate to file for an accounting of the Fred E. Gerber Trust and the Mildre J. Gerber Trust. There only authority was as the Trustee of the Mild ed J. Gerber Trus and since Mildred J. Gerber was a beneficiary of the Fred E. Gerber Trust, they als had authority to file for an accounting of the Fred E. Gerber Trust. 4. This Court ordered Frederick E. Gerber, II to file an accounting from January 199 to July 2002 a omplete accounting of the Fred E. Gerber Trust and the Mildred J. Gerber Trust. 5. On Augu 27,2002, PNC Bank as the Trustee of the Mildred J. Gerber Trust file objections for t e accounting of the Mildred J. Gerber Trust and the Fred E. Gerber nk especially objected that there was no accounting for 2002. 6. 27,2002, Marilyn Gerber, a full beneficiary of the Mildred J. Gerber Trust and the red E. Gerber Trust filed objections for the accounting of the two Trusts. The P titioner also objected that there was no accounting for 2002. 7. Frederick . Gerber,1I through his attorney, Mr. Richard Rupp, Esquire filed a Fir t and Partial Ac ount of the Fred E. Gerber, Sr. Trust on July 8,2002. This accountin did not include any accounting for the year 2002. Frederick E. Gerber,1I is the Trust e of this Trust. 8. On Nove ber 19,2002, Frederick E. Gerber, II again filed an Amended and Restated First nd Partial Account of the Fred E. Gerber Trust from the period of February 28,1 98 to December 31 ,2001. Frederick E. Gerber,1I did not comply with this Court's or er and file accounting for the year January 2002 to July 2002 for this Fred E. Gerbe Trust. 9. On or ab t December 30,2002, Frederick E. Gerber filed a Second and Partial Account of the Fred E. Gerber Trust and included the year 2002 from January to August 20,20 only. There was no explanation as to why they did not account for ..< " January 2002 December 2002. 10. On July 2002, Frederick E. Gerber II filed a First and Partial Account of the Mildred J. Ger er Trust as ordered by this Court. Frederick E. Gerber was not the Trustee in 200 of the Mildred J. Gerber Trust. 11. ber 19,2002, Frederick E. Gerber,1I filed an Amended and Restated Account of the ildred J. Gerber Trust for the period of January 1,1998 to December 31 ,2001. Fred rick E. Gerber,1I was not the Trustee of this Trust in 2002. 12. On or ab ut November 24,2002, this Court ordered an Audit of the Mildred J. Gerber Trust a d the Fred E. Gerber Trust. Mr. William Duncan was appointed as the Auditor. 13. Mildred Gerber died on January 14,2003. 14. The deat of Mildred J. Gerber terminated the Guardianship of her Estate but the death of M dred J. Gerber DID NOT TERMINATE PNC Bank as the Trustee of th Mildred J. Ger er Trust. 15. On Febr ary 6,2003, Frederick E. Gerber, II was appointed Executor and Lette Testamentary n the Estate of Mildred J. Gerber by the Register of Wills of Cumberl County,PA, to o. 2001-0092. 8,2003, Mr. Rupp, Esquire, attorney for Frederick E. Gerber,1I wrote PNC Bank an asked them to be agree to substitute Ms Jacqueline Verney for Guardian of th Estate for Specific Purpose of Prosecuting Objections. Mr. Rupp m de the argument PNC Bank that due to the death of Mildred J. Gerber, that they were no longer the uardian of Estate. Mr. Rupp also stated that he asked PNC Bank to continue to se e as Guardian of Estate of Mildred J. Gerber for the sole and limited 3 purpose of pro ecuting the Objections to the Account of Frederick E. Gerber Trust an the Mildred J. erber Trust. Mr. Rupp states that PNC Bank refused and therefore they agreed to ign the consent to allow Ms. Jacqueline Verney to be substituted. There is no pr f that PNC Bank refused to continue on a Guardian of Estate and no letter has bee offered to verify his statement. Mr. Rupp also urther stated in his Petition to Substitute Ms. Verney as the Guardian f Estate for Spe ific Purpose of Prosecuting Objections that Ms. Verney was the personal attor ey of Mildred J. Gerber during her lifetime. Mr. Rupp in his Petition t Substitute Ms. erney asked this Court to issue a Rule to Show Cause why Ms. Verney should not be substituted as the successor to PNC Bank, Guardian of the Estate of Mildr d J. Gerber. Mr. Rupp's petition essentially asked that all other beneficiaries b informed of his intent to substitute Ms. Verney. Mr. Rupp never informed Maril n Gerber of his desire to substitute Ms. Verney and this Court never issued a Rule 0 Show Cause for Ms. Verney's substitution but rather issued an ord r substituting M , Verney. In fact, Mr. Rupp never served Marilyn Gerber when he file his Petition on r about June 24,2003. This Court granted Mr. Rupp's Petition for Substitution 3 ays later before the time allowed for a respondent to file any objections per he Pennsylvania Rules of Civil Procedure. Marilyn Gerber replied 0 this Court's 0 er and filed a Petition for this Court's Reconsideration of their s. Verney. UMENT AGAINST JACQUELINE VERNEY'S SUBSTITUTION ARGUMENT FOR REINSTATEMENT OF PNC AS OBJECTOR 17. PNC Ban filed their two petitions in June of 2002 for an accounting of the Mildred J. Ger er Trust and the Fred E. Gerber Trust as the Trustee of the Mildred J. </' , Gerber Trust. NC Bank after repeated requests of Frederick E. Gerber,1I was forced to remove Fre rick E. Gerber,1I as Trustee of the Mildred J. Gerber Trust on October PNC's Bank instructions that Frederick E. Gerber,1I cease writing checks from th Mildred J. Gerber Trust, Frederick E. Gerber,1I continued to write checks from th Mildred J. Gerber Trust for over $3,000 from October 2001 to December 200 . Frederick E. Gerber,1I also wrote checks in violation of the instructions of the Mildred J. Gerber Trust of which PNC Bank filed objections. 18. Frederic E. Gerber,1I failed to file an accounting of the Fred E. Gerber Trust for the year 20 2 on July 8,2002 and again on November 19,2002. Frederick E. Gerber only fi lIy filed an accounting on December 30, 2002 and only for the period of time anuary 2002 until August 20, 2002. This petitioner asks why there was no accou ting for the time period of January 2002 until December 30,2002? 19. Mr. Rup in his petition to substitute Ms. Verney on June 24,2002 to this Court deliberately mi led this Court by stating that Frederick E. Gerber,1I filed his accounti g of the Mildred . Gerber Trust on July 8,2002 and November 19,2002 as the Trustee of the Mildred . Gerber Trust. Frederick E. Gerber,1I was in fact removed by PNC B on October 3, 001 and instructed to stop writing checks from the Mildred J. Gerber Trust. Frederi k E. Gerber, II was at no time the Trustee of the Mildred J. Gerber Trus from October ,2001 to the present. 20. Mr. Rup also in his petition to substitute Ms Verney on June 24,2004 to this Court delibera ely misled this Court by stating that PNC Bank had refused to continu to act as Guar ian of Estate of Mildred J. Gerber for the purpose of prosecuting the Objections. T e fact is that PNC Bank had to REMAINED as the Guardian of " Estate of the Idred J. Gerber Estate as on June 1,2003, Frederick E. Gerber, II was sent to Ira for a tour of duty as he was an officer in the US Army at that time. PNC Bank sen numerous letters starting in February 2003, informing Frederick E. Gerber,1I that i was his responsibility to pay the bills concerning the Mildred J. Gerbe Estate. Freder ck E. Gerber,11 did not respond to letters or e-mails from Mr. David Brown, the Ad inistrator of the Mildred J. Gerber Estate and Trustee for the Mildred Gerber Trust. r. Rupp did not respond either and eventually PNC Bank sent Mr. Rupp and Fre rick E. Gerber,1I a communication that they would continue as Guardian of E ate of Mildred J. Gerber due to his tour of duty in Iraq. Mr. Rupp misl d this Court on ne 18,2003 in NOT reporting that Frederick E. Gerber, II was in fact i Iraq and was n t able to act as Executor of the Mildred J. Gerber Estate. On June 24,2003, whe Mr. Rupp filed his petition to substitute Ms. Verney, PNC Bank was n informed that ederick E. Gerber,1I was in Iraq. PNC acted on the substitution believing that rederick E. Gerber,11 was indeed going to act as Executor. The reali that PNC Ban had to continue as Guardian of Estate and continue in this role as of this date. Frederick E. G rber,1I made NO PROVISIONS to substitute his duties as Executor or appoint a s cessor Trustee for the Fred E. Gerber,Sr. Trust upon his departure for Iraq for six onths. Frederick E. Gerber,1I knew he would be in Iraq for six month upon his depa ure for Iraq in June 2003 and eventually provided a copy of his orde in late Septem er 2003. 21. PNC Ba k also did not file an accounting of the Mildred J. Gerber Estate until October 23,20 3 as they remained the Guardian of Estate of Mildred J. Gerber and & to this day the have not been discharged of their duties. PNC Bank has continued t I I act as the Gua dian of Estate for Mildred J. Gerber even after her death on January 14,2003. PN Bank has charged her Estate monthly fees for managing her Estate and for investi g her assets of her Estate. Frederick E. Gerber,1I has at no time acted a Execu r since Mildred J. Gerber's death. 22. Marilyn erber filed objections to the accounting of the Estate of Mildred J. Gerber Estate n November 2003 and an Audit was ordered in December and Mr. William Dunca was appointed as Auditor. A hearing was held on the objections of PNC's accoun ing on September 28,29,2004 and a decision by the auditor shalll not be forthcomin until January 31,2005. 23. Iso have to file an accounting of their position as Guardian of the Estate of Mildr d J. Gerber from October 23,2003 to the present time. 24. k to this day, controls all of the assets of the Mildred J. Gerber Estate as well as the angible personal property of the Mildred J. Gerber Estate. They have not been rem ed from their duty since their appointment on March 22,2001 by this Court. 25. Frederic E. Gerber,1I also evoked the Soldiers' Relief Act on or about Septem er 2003 and did ot agree to release this Relief Protection until August 3,2003. Freder ck E. Gerber, II h s officially been retired from the US Army as of October 1,2004. However, Fre erick E. Gerber,1I faces further action from this petitioner for his failure to i orm this Court in December 2003 that he had indeed returned to the United St es from Iraq and that his orders had expired and he was indeed available and eleased from Protection from the Soldiers' Relief Act. 1 26. Mr. Rupp i his petition to substitute Ms Verney on June 24,2004 also stated tha "Frederick E. rber,11 could substitute himself under Pa.R.C.P. 2352 (b) to substitut himself - Trust e- in place of the Guardian of the Person, he would be in an adverse position to him elf as Trustee". Mr. Rupp again misled this Court as Frederick E. Gerber,1I has ver been the Trustee of the Mildred J. Gerber Trust since October 3, 2001 and his ing Guardian of Person has no relationship to his being the Executo of Estate of Mi red J. Gerber or Trustee of the Fred E. Gerber Trust. Please refer to Mr. Rupp's etition paragraph 13, page 3 of his petition to substitute Ms. Verney. 27. Mr. Rup also misled this Court in stating that Ms Verney was the personal attorney of Mil red J. Gerber during her lifetime. Mildred J. Gerber had never met Ms. Verney un il Frederick E. Gerber,1I found Ms. Verney in January 2001 and had h r hired to be Mil red J. Gerber's attorney during the Guardian of Estate hearings whe Mildred J. Ger er was suffering from Alzheimer and was declared incapacitated by t is Court. Freder k E. Gerber in fact put undue influence upon Mildred J. Gerber for he to fire her att ney, Mr. Joseph Metz who had in fact filed a joint petition with Marily Gerber asking or a full accounting of the Fred E. Gerber Trust. Frederick E. Gerber forced Mildred J. Gerber to revoke her petition to request this accounting. The probl m with these acti ns is that Mildred J. Gerber was suffering from Alzheimer in January 2001 and coul not make her own decisions. Ms. Verney was hired for the express purpose of ta ng direction from Frederick E. Gerber,l!. Ms. Verney in fact was paid by Frederick . Gerber,1I to draw up loan papers that gave him $30,000 for his own personal legal "war chest" and Ms. Verney drew up a third version of Mildred J. Gerber's Trus in January 2001 essentially removing Marilyn Gerber of any J inheritance. Idred J. Gerber was suffering from Alzheimer at the time and Marilyn Gerber has air ady informed the Auditor that she would contest this third Trust versi Mr. Rupp in mi July 2004 presented a global settlement agreement from Frederick Gerber,11 that t rminates this third amended Trust agreement and offers Marilyn Ger her original on third share. Settlement discussions are still pending. 28. From the irst moment that Ms. Verney was hired by Frederick E. Gerber, II in January 20 , Ms. Verney wrote Ms. Gerber threatening letters making statement that were not f cts, never proven to be factual and continued to prevent Ms. Gerber from seeing h mother. Ms Verney prevented Ms. Gerber from retrieving her substantial am unt of personal property from her family home at Mildred Gerber's home and thre tened Marilyn Gerber with arrest if she was to come to her family home. Ms. V rney would never listen to Marilyn Gerber as to the problems she kne existed conce ning the accounting of the Mildred J. Gerber Trust and the moneys th t were taken by Frederick E. Gerber,1I from the Mildred J. Gerber Trust. Ms. Verney 0 Iy threatened M . Gerber that she was not to contact her or she would take legal actio s against her. 29. In Septe ber 2001, Ms. Verney for only the second time appeared in Court to represent Mild ed J. Gerber as Frederick E. Gerber, II filed a Petition for Guardian of Person of Mild ed J. Gerber. Ms. Verney again would not listen to Marilyn Gerber and refused to hear her facts of Frederick E. Gerber's taking of moneys from Mildred J. Gerber's es te and Trust. 30. On Octo er 3,2001, PNC Bank removed Frederick E. Gerber as Trustee from the Mildred J. erber Trust. It was not until July 8,2002 that Frederick E. Gerber eve () ( filed any acco ting of the Mildred J. Gerber after four and one half years of not reporting any counting to anyone of the assets of the Mildred J. Gerber Trust or the Fred E. Ge ber Trust. Once the accountings were filed by Frederick E. Gerber, PNC Bank an Marilyn Gerber filed similar objections and asked this Court to surcharge Fre erick E. Gerber for the large sums of money that he took illegally fro the Mildred J. erber Trust. 31. Interesti Iy enough, Ms. Verney whom Mr. Rupp claims was the personal red J. Gerber during her lifetime and who was still alive in July 2002 did not file an motions with this Court objecting to Frederick E. Gerber's original emergency pe 'tion for Guardian of Estate and who again petitioned for Guardian of Person as bei g fraudulent petitions. How could she! Ms. Verney never fulfilled her responsibilitie as Mildred J. Gerber's attorney to protect her from conspiring individuals. It highly doubtful that if this Court has known of the serious objections of Frederick E Gerber's accounting that he would ever have been appointed as Guardian of P rson. In fact, when Mildred J. Gerber was taken out of state 36 hours after Frederic E. Gerber was appointed Guardian of Person, Ms. Verney did not file a motion 0 objection and reconsideration. PNC Bank recently stated in the hearings on S ptember 28,2004, that they were "stunned" at Mildred Gerber being taken out of st te and that they were never informed of her disappearance from the state and ess ntially the abandonment of her home in New Cumberland, PA. PNC Bank had to c ange locks on her door and go to extreme measures to retrieve her personal prop rty taken out of state as well as her personal property in her home. Ms. Verney n er made any investigations about the welfare of Mildred J. Gerber. Ie Ms. Verney ne er filed any concerns she had concerning Mildred J. Gerber's Estate or Trust prior t PNC Bank being appointed as Guardian of Estate because Ms. Verney always was hired by Frederick E. Gerber to follow his instructions. In fact, Ms. Verney w paid by the Mildred J. Gerber Trust without the consent of PNC Ban who was Guar ian of Estate and Ms Verney continued to be paid from the Fred E. Gerber Trust a ter PNC Bank appointment as the Guardian of Estate on March 22, 2001. The Fre E. Gerber Trust after March 22, 2001 was no longer for the purpose of Mildred J. G rber as PNC Bank was the Guardian of Estate yet Frederick E. Gerb r continued to u e moneys to pay Ms. Verney. It is the belief of this Petitioner that Ms. Verney conspi ed with Frederick E. Gerber,1I and his attorney, Mr. Richard Rupp fro January 2001 n misleading this Court of their true intentions knowing that there wer significant acc unting issues and they formulated a plan for which Frederick E. Ger II would beco e Guardian of Person of Mildred J. Gerber. 32. ph 19. of Mr. Rupp's petition to substitute Ms. Verney on June 24, 2003, Mr. Ru p states that Frederick E. Gerber, II is the Trustee for both Accounts. Mr. Rupp agai misled this Court as Frederick E. Gerber,1I was not the Trustee of th Mildred J. Ger er Trust in 2002 or 2003. Frederick E. Gerber,lI had been removed by PNC Bank n October 2001. 33. On June 27,2003, this Court agreed to the substitution of Ms. Verney. Howeve, PNC Bank did not consent to abdicate their position as Guardian of Estate as they a e still Guardian f Estate until this Court releases them, and PNC Bank never consent d to be substitut d as Trustee of the Mildred J. Gerber Trust on June 8,2003. Mr. Rup did not inform PNC Bank that the substitution actually really concerned their legal // position as Tr tee of the Mildred J. Gerber Trust. Mr. Rupp only had PNC Bank agr e that upon the eath of Mildred J. Gerber that they were no longer Guardian of Estate Bank was not informed on June 18,2003 that Frederick E. Gerber, II was in Iraq an they were forced to continue as Guardian of Estate when they were finally informe much later that Frederick E. Gerber,1I was in Iraq and he evoked the Soldier's Relie Act. 34. This Peti ioner asks the Court to wonder why Jacqueline Verney was only substituted to rosecute the Objections. Why wasn't Ms. Verney asked to be the Guardian of E ate or Executor for Mildred J. Gerber? This petitioner believes that Frederick E. G rber,1I did not want to lose control of the estate of Mildred J. Gerber and he did not ant to forfeit his fees as Executor or Guardian of the Estate. 35. Marilyn G rber filed a Motion for Reconsideration of the Substitution of Ms. Verney stating that Ms. Verney was not impartial but indeed held great acrimony toward Marilyn Gerber who is a full beneficiary of the Mildred J. Gerber Trust and th Fred E. Gerbe Trust. This motion has not been heard by this Court as of yet. Marily Gerber pointe out in her Motion for Reconsideration that Ms. Verney was not an impartial party nd on the contrary would pose a great threat to Marilyn Gerber and ultimately thre ten her as a beneficiary of the Mildred J. Gerber Trust and the Fred E Gerber Trust. 36. During status conference hearing held by Mr. William Duncan, the Auditor,o September 20 004, Ms Verney continued to make accusations and threats of what she believes arilyn Gerber has done against Mildred J. Gerber. There are no fact concerning th and only displays Ms. Verney's bias and acrimony toward Marilyn fA upcoming hea ings. Ms. Verney has requested no discovery of Frederick E. Gerber, II. Ms.Verney di not attend his deposition held on October 14,2004. Ms. Verney has not requested ny documents, receipts, accountings, correspondence from Frederic E.Gerber,ll.or bjected to there being no receipts or documents for the year 2002. s. Verney is onl in possession of the line accounting as provided by Frederick E. Gerber,llon J Iy 8,2002, November 19,2002, and December 30,2002 and the objections as led by PNC Bank and Marilyn Gerber and the monthly statements fr Charles Schw b who only held the moneys for the two Trusts. This Petitioner asks t Court to ask ow this supposedly impartial objector could possibly conduct a prosecution of the objections of PNC Bank which they filed in great detail for two Tru ts that amounte to approximately $1 million dollars without conducting a deposition Frederick E. rber,1I and requesting documents from Frederick E. Gerber,lI? Ms. Verney will n t call any witnesses nor will she call any experts to prosecute PNC Bank's objecti ns. On the other hand, Mr. Rupp intends to bring 4 experts witnesse and Marilyn G rber intends to bring 2 expert witnesses. Ms. Verney who is suppos d to argue the 0 jections of PNC Bank is actually a co-objector as Marilyn Gerber has filed similar 0 ections yet Ms. Verney continues her hostility toward Marilyn Gerber to this day an refuses to work with her or attempt an agreement from Frederick E. Gerber,11. Ms Verney instead meets with Mr. Rupp and aligns herself with Frederic E. Gerber.11. his is exactly what Frederick E. Gerber wanted to accomplish in havin Ms. Verney a pointed and substituted by this Court in June 2003. 37. It is the elief of Marilyn Gerber that Ms. Verney has no intention of arguing th objections as iled by PNC Bank but will agree with the line accounting as she /,j /n actually was hi ed by Frederick E. Gerber,1I and was never the personal lifetime attorney for Mi red J. Gerber. 38. PNC Ba filed for an accounting of the Mildred J. Gerber Trust and the Fred E. Gerber Trust a they had removed Frederick E. Gerber, II as Trustee of the Mildred J. Gerber Trust a d they wanted a full accounting of her assets as her Trustee. Becau e Mildred J. Ger er was a beneficiary of the Fred E. Gerber Trust, as Trustee of the Mildred J. Ger er Trust, they also wanted to know what Mildred J. Gerber was entitl d to as Trustee her Trust and as Guardian of her Estate. 39. k never filed for an accounting of the Mildred J. Gerber estate prior to their being ap inted as Guardian of Estate in March 2001. PNC Bank wanted to kn w know what Mil red J. Gerber had in her Trust, and they filed a petition as her Trustee and th y did indeed do this as her Trustee in June 2002. They had been he Trustee of her rust since October 3,2001. PNC Bank as current Trustee of the Mildr d J. Gerber Trus are capable and solely responsible to argue their objections as Trust e of the Mildred . Gerber Trust. PNC Bank charged significant legal fees from Rhoad & Sinon to file he petitions for the Trust accountings, they charged legal fees for filing their obje tions and they have continued to charge the Estate and the Trust of Mildred J. Ger er as her Trustee and Guardian of Estate. If PNC Bank is not reinstat d by this Court, NC Bank will face further charges from this Petitioner for charging the Mildred J. Ger er Estate and Trust for services that they have not rendered yet charged her E tate and Trust. 40. PNC Ba continues to this day to be her Guardian of Estate and until they are remo d by this Court as her Guardian of Estate, they are also responsible I .I J ,'I- to argue her 0 jections for the Fred E. Gerber Trust as they still represent the ward as her G ardian of Estate. 41. Frederic E. Gerber,1I misled this Court for the sole purpose of a deliberate intention of co fusing this Court as to who was the Trustee and who was the Guardi n of Estate. PN Bank was actually still the Guardian of Estate until they are release by this Court u on the completion of Mr. Duncan's report. Even when Mr. Duncan completes his eport, PNC Bank still has to report their accounting for the Mildred J. Gerber Estate rom October 23,2003 to the present. Marilyn Gerber will have the right to file obj ctions if she chooses as a full beneficiary of the Mildred J. Gerber Trust and Esta 42. Despite th t the hearings are to be held on November 15,16,2004, PNC Bank is intimately in rmed as to the accountings of Frederick E. Gerber,1I and if they do require additio al time to prepare for a hearing of the audit, PNC Bank has this right as they a indeed the legal Guardian of Estate and the Trustee of the Mildred Gerber Trust a d it is only as Trustee of the Mildred J. Gerber Trust that they could ever have peti oned this Court to order Frederick E. Gerber to file accountings for the Mildred J. erber Trust from January 1998 to 2002. PNC Bank had no authority to file for acco ntings of Mildred J. Gerber's Trust as Guardian of Estate. The fact th t they took over s Trustee in October 3,2001 gave them the authority to file for accountings a d ultimately file their objections. It is therefore their responsibility to argue their obj ctions as Trustee of the Mildred J. Gerber Trust and if Ms. Verney's substitution is pheld by this Court, PNC Bank faces legal violations as the current Trustee of the i1dred J. Gerber Trust as they have NEVER substituted Ms. Verney /J- as the Trustee f the Mildred J. Gerber Trust. 43. Mr. Ru may argue that PNC Bank filed their objections as Guardian of Estat but this canno be true because even if he argues that they did, PNC Bank could not argue as Guar ian of Estate because they had not authority to argue for moneys of the Mildred J. erber Trust as Guardian of Estate as these Trust moneys were solei restricted to th Mildred J. Gerber Trust and could only be argued by a Trustee of th Mildred J. Ger er Trust and not as her Guardian of Estate. Since PNC was and is the Trustee of he Mildred J. Gerber Trust when they filed their objections, PNC Ban should and is lIy and legally capable of arguing their objections presently for the Mildred J. Ger er Trust and the Fred E. Gerber Trust. Ms. Verney cannot be substituted as here is already a Trustee to argue the objections- PNC Bank. There i already a Gua ian of Estate to argue for the Mildred J. Gerber Estate-PNC Bank who is currentl still acting as Guardian of Estate until they are released by this Cou 44. Should is Court question the preparation work that Ms. Verney has complet d for the upcomi g hearings on November 15,16,2004 before the Auditor, Mr. William Duncan, this titioner wishes to state that Ms. Verney has not billed many legal not even attend the August 3,2004 status hearing to agree upon the discovery sch dule. Ms. Verney has only appeared at one status hearing in two years on this atter. In fact, Ms. Verney wrote to Mr. Duncan in late August 2004 that she was nfused as to her role and when her appearance was due concernin the upcoming earings. The Petitioner knows this information because Ms. Verney shared this inf rmation with Ms. Gerber in one of only two telephone conversations with the Petiti er before she terminated all contact with Marilyn Gerber. Ms. Verne's /b fees are still n t approved as of the September 20,2004 conference hearing. Ms. Verney did not receive a copy of the discovery that Frederick E. Gerber, II sent to Marilyn Gerbe on September 3,2004 until on or about September 20,2004 at the status confere ce hearing with Mr. Duncan, the Auditor. Ms. Verney stated to Marily Gerber that sh had not worked on PNC Banks' objections as she did not want to incur large leg I bills for the estate of Mildred J. Gerber. In essence, Ms. Verney has only spen minimal time of preparing to prosecute the PNC Bank objections sin September 20 2004. As in the past when Ms. Verney appeared in Court regarding the Guardians ip of Estate and Person for Mildred J. Gerber, Ms. Verney played a minimal role nd she essentially took her direction from Frederick E. Gerber,11 and his attorn , Mr. Richard Rupp. Mr. Rupp in fact stated to Ms. Gerber on Octobe 14,2004 that h intended to meet with Ms. Verney to provide her with a copy and sh re information a out Ms. Gerber's deposition of Frederick E. Gerber,11. Non only did th court reporter object to this because she overheard the conversation, but Marilyn Gerber offers is as more proof of the conspiracy between Frederick E. Gerber,1I an Ms. Verney. By the ve nature of this Petitioner's Petition to remove Ms. Verney, this further creates a host Ie relationship between the Petitioner and Ms. Verney which does no allow Ms. Ver ey to remain impartial. Ms. Verney has too much history that is hostil to one of the neficiaries. Marilyn Gerbe feels that PNC Bank has spent the majority of time and fees filling fa the Trust acc ntings and filing their objections. PNC Bank is a recognized federal Bank and is i the best position of expertise and experience to argue their objection 1- Ms Verney ha no banking or accounting expertise nor does she intend to present a banking or a counting expertise in the upcoming hearings. Marilyn Gerber believ s that this also i Ms. Verney's strategy in forcing Marilyn Gerber to bear the burden 0 proving the 0 jections filed by PNC Bank and herself believing that Marilyn Gerber who is repres nting herself will not be able to argue her defense and win her case. 45. Marilyn erber petitions this Court to have Frederick E. Gerber,1I pay the legal fees of Ms. Ve ney once this Court appoints PNC Bank as he intentionally mislead this Court and ttempted to have a PARTIAL prosecutor be appointed for his advantage an to defraud this Petitioner of her inheritance. 46. This Pet ioner does not believe that it is too late to reinstate PNC Bank and that it is their r sponsibility to argue their objections of two large Trusts that amount to $1 million d liars. If a small delay in the upcoming hearings is required for PNC Bank to prepa their case, it is a small price in relation to the significant sums of money that ar at stake for all the beneficiaries. PNC Bank's reinstatement will mak it perfectly cle r who filed the objections and who argued their objections as the Trustee of the ildred J. Gerber Trust and Guardian of Estate of Mildred J. Gerber. No other pros utor should or can have this responsibility per the tenants of Mildred J. Gerber's Tr t. This Court has no choice but to reinstate PNC Bank as they curre tly serve as the T ustee for Mildred J Gerber and have never been released by this Co as her Guardi of Estate. WHEREF RE,this Petitioner, Marilyn Gerber requests that this Honorable Court issue a ruling t Reinstate PNC Bank as the Prosecutor of their Objections to the Frederick E. G rber,1I accountings for the Mildred J. Gerber Trust and the Fred E. 1 Gerber,Sr. Tru t and declare Ms. Jacqueline Verney's substitution to be null and void as PNC B nk is the Trustee of the Mildred J. Gerber Trust and has always continued to a t as the Guardian of the Mildred J. Gerber Estate and that Frederick , Gerber, II has elayed his role as Executor due to his duty in the US Army and his tour in Iraq an until PNC Bank is released as the Guardian of Estate, they are the 0 Iy legal entity wh can argue and prosecute their objections. Marilyn Gerber further req uests that s. Verney's legal fees be paid by Frederick E. Gerber,1I as he deliberately mi lead this Court in June 2003 when he filed his petition to substitute Ms. Verney. arilyn Gerber requests that this Court grant a continuance of the scheduled No ember 15,16,2004 hearings before Auditor William Duncan if they so require in 0 der to conduct their discovery or deposition of Frederick E. Gerber,l!. Marilyn G ber further requests that this Court grant a hearing on her motion of reconsideratio and objection to Ms. Verney's substitution if this Court does not reinstate PNC ank in light of Ms. Verney current conduct. RESPECTFULLY SUBMITTED Marilyn Gerber,Pro Se 717 Market Street,#317 Lemoyne, PA 17043 717 503-5280 t. &J,-/~'t,Ji'() y DATE: { ~ it: I( CERTIFICATE OF SERVICE AND NOW this.if-day of October ,2004, I hereby certify that I have served a true py of the within document, "PETITION TO REINSTATE PNC BANK TO ARGUE T EIR OBJECTIONS FOR THE MILDRED J. GERBER TRUST AND TH FRED E. GER ER TRUST AND TO DECLARE THE SUBSTITUTION OF MS. VERN TO BE NULL NO VOID" by depositing a true and correct copy of the same in the U.S. mail post ge prepaid, addressed to: Rhoads & Sin n Ms. Joanne C ristine,Esquire One South M ket Square Harrisburg, P 17108 Ms. Jacquelin Verney 44 South Han ver Street Carlisle, PA. 1 103 Mr. Richard R pp 355 North 21 s Street Camp Hill, PAn 17011 Mr. William 0 can One Irvine Ro Carlisle, PA. 1 103 ~ " c, ) . / '/ J, /J n~/ /t.UtM~;27t!tt'tt:)k-- Marilyn Gerger. o-Se