HomeMy WebLinkAbout10-08-02
Marilyn Jo Gerber
PRO-SE
42 Drexel Place
New Cumberland, P A 17070
(717)503-5280
FRED E GERBER,II,TRUSTEE,
DEFENDANT
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',THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
COMMONWEALTH OF PENNSLV ANIA
ORPHANS' COURT DIVISION
NO.Q.1.?1-189 9
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iN RE: MARILYN J. GERBER
Plaintiff-PRO-SE
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MOTION TO COMPEL TRUSTEE TO FILE AN ACCOUNT
AND A STATUS CONFERENCE TO DETERMINE TRUSTEE'S
REFUSAL TO DISBURSE FUNDS TO MARILYN JO GERBER
NOW COMES, Petitioner, PRO-SE, and files within Petition to Cite
Trustee to file
an Account of Administration Pursuant to 20 Pa.C.S.A. 7181, as follows:
1. Petitioner, Marilyn Jo Gerber is a remainder beneficiary of the Fred E Gerber,Sr.
Trust.
2. Petitioner, Marilyn Jo Gerber is the eldest child and daughter of Fred E
Gerber,Sr. (deceased).
3. On June 28,2001, this Court ordered Fred E Gerber,Sr to produce and make
available for inspection and copying all checks written on the "Schwab account"
during the years 2000 and 2001 (to date). This was to be accomplished on Friday,July
13,2001.
4. On June 3,2002, PNC Bank entered a Petition to Cite Trustee to File an
Account of Administration.
5. Marilyn Jo Gerber is a beneficiary of the Fred E Gerber,Sr Trust Under
Agreement dated July 9,1994 (the Trust),established by her father, Fred E Gerber,Sr.
6. Fred E Gerber,Sr. died on February 22,1998.
7.The Trust became irrevocable upon Fred E Gerber's death, and Fred E Gerber's
son, Fred E Gerber, II (the Trustee) became successor trustee of the Trust.
8.As of this date, Fred E Gerber,lI, has refused to provide a total accounting as was
ordered by this Court on July 10,2002.
9. On August 27,2002, PNC Bank and the petitioner filed Objections to the
impartial accounting of this Trust.
10. On April 24,2002, Herbert Rupp, counsel for Fred Gerber acknowledged PNC
Bank's demand for an accounting and stated he expected to complete the accounting
within 30 days.
11. On October 4, 2002, Herbert Rupp requested of this Court to deny this
petitioner's request for a status conference
and
asked that another amendment be supplied by October 21,2002.1 This represents the
"hundreth" request for extensions and amendments.!
12. This petitioner through her former attorney, Michael Kane, who is no
longer in
private practice has made numerous requests for distributions to Marilyn Jo Gerber
from the Trust. In September, through the Trustee's attorney, Lindsay Baird, offered
$10,000 free and clear. The Trustee only came forward with $7500 and since, the
petitioner has written Lindsay Baird and requested the balance of $2500. At this date,
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there has been no response.
13. It has been 4 years and 7 months since the Trustee has refused to provide a
total accounting of the Trust. The Trustee has fiduciary responsibilities to administer
this Trust in a timely and efficient manner and to perserve the assets of the Trust.
14. PNC's and this petitioner's Objections on August27,2002, revealed sizeable
losses of this Trust, questionable disbursements to members of the Trust and has
been overtly DISCRIMINATE against Marilyn Jo Gerber and has used this Trust to
continue his long pattern of abuse of Marilyn Jo Gerber.
15. WHEREFORE,Petitioner respectfully requests that this Honorable Court order a
Citation to be issued to order a full accounting including all receipts, copies of checks
(front and back), disbursements and distributions from the Trust, all financial
statements of need from the beneficiaries, investments for the Trust and its gains and
losses, banking statements for the Trust. The Petitioner further requests a status
conference to determine the Trustee's continue refusal to disburse funds to this
Petitinoer,a beneficiary.
~Ad)L
MARIL yl~E~BER-PRO-SE
42 Drexel Place
New Cumberland,P A 17070
(717)503-5280
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