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IN RE: MILDRED J. GERBER
TRUST UNDER AGREEMENT,
dated December 19,1997
IN THE COURT OF COMMoN PLEAS
CUMBERLAND COUN1;'iPS ':-''":'j 2': g: \ 1
COMMONWEALTH OF P~NSYL VANIA
ORPHANS' COURT DIVISIONr'
.J NO. 21-2002-0540 .
IN RE: MILDRED J. GERBER
ESTATE, an incapacitated Person
PNC Bank appointed Guardian
on March 22,2001
V NO. 21-01-92
PETITION TO PLACE ALL ASSETS OF THE MILDRED J. GERBER
ESTATE AND TRUST IN ESCROW AND NOT DISTRIBUTE THEM
TO THE EXECUTOR, FREDERICK E. GERBER, II AND BENEFICIARIES
UNTIL ALL OF THE ACCOUNTING HEARINGS WITH PNC BANK AND
FREDER1CK E. GERBER,11 ARE SETTLED.
AND NOW, comes Marilyn Gerber, Pro Se and beneficiary of the Mildred J.
Gerber Estate and Trust who proposes the above Petition to Place all Assets of the
Mildred J. Gerber Estate and Trust in Escrow and Not Distribute them to the Executor,
Frederick E. Gerber, 11 and Beneficiaries Until All of the Accounting Hearings with
PNC Bank and Frederick E. Gerber,1I are Settled by this Court for the following
reasons:
1. The Petitioner, Marilyn Gerber, Pro Se is a full beneficiary and
eldest child of Mildred J. Gerber who was deceased on January 14,2003.
2. The Petitioner, Marilyn Gerber filed Objections to the Accounting
of PNC Bank and hearings were heard on September 28,29,2004.
3. The Petitioner, Marilyn Gerber filed Objections to the Accounting of
the Mildred J. Gerber Trust and the Fred E. Gerber, Sr. Trust on August 27,2002 as
did PNC Bank.
4. Hearings are scheduled for the Accounting by Frederick E. Gerber,1I
for the Mildred J. Gerber Trust and Fred E. Gerber, Sr. Trust on July 17-19,2005.
5. The Petitioner, Marilyn Gerber has just filed Objections for the final
Accounting for the Mildred E. Gerber Trust and the Fred E. Gerber,Sr. Trust on
February 28,2005.
6. Discovery is to begin on or about March 1 ,2005 for the Accounting
from Frederick E. Gerber,lI.
7. This Petitioner filed her Brief for the Objections for the PNC Bank
Accounting on February 9,2005 and the Auditor, William A. Duncan, Esquire is
to file his report in a few months. It is possible that an Amended Brief shall be
filed by Marilyn Gerber and an appeal depending on this Court's findings.
8. This Petitioner feels that despite all efforts to settle a long and
complicated Estate and Trust matters, PNC Bank and Frederick E. Gerber,1I have
failed to entertain reasonable settlement offers and especially in the case of
Frederick E. Gerber,lI,he has REFUSED to answer all offers of settlement by this
Petitioner. This has resulted in large wasting of the assets of the Estate and Trust
of Mildred J. Gerber in addition to excessive legal and banking fees.
9. This Petitioner is a full beneficiary of the Estate and Trust of Mildred J.
Gerber and has serious concerns that if the assets of the Estate and Trust of Mildred
J. Gerber are distributed to Frederick E. Gerber,lI, the Executor of the Mildred J.
Gerber Estate, he will distribute the financial assets to himself and his sister, Jane
Heflin and attempt to defraud this Petitioner from her inheritance.
10. The Accounting that has been provided by Frederick E. Gerber,11
for the years 1998 to 2004 indicate significant wasting of assets, excessive assets
awarded to him for his own enrichment, enormous legal fees and an obvious
refusal to distribute any assets to this Petitioner.
11 . PNC Bank has informed me via letter that once the Court rules on the
briefs and the report from the Auditor, William A. Duncan, Esquire that PNC Bank
would be signed off as the Guardian of Estate of Mildred J. Gerber and the assets of
the Mildred J. Gerber Estate would be given to the Executor, Frederick E. Gerber,1I
who would then execute the terms of the Will of Mildred J. Gerber and then all
remaining assets would then pour over into the Mildred J. Gerber Trust. ~HlIfJlrA-
12. 'Currently, this Petitioner and Objector as well as PNC Bank who
filed Objections to the Accounting of the Mildred J. Gerber Trust anticipate that
moneys shall have to be given to the Mildred J. Gerber Trust and the Fred E.
Gerber,Sr. and moneys may have to be given to the Mildred J. Gerber Trust. These
hearings shall not be heard until July 17-19,2005 and the briefs will not be due until
early Fall 2005. If this Court signs PNC Bank off as Guardian of Estate and the assets
and Jane Heflin and decisions that are discovered during discovery and the hearings
on this Accountings by the former Trustee, Frederick E. Gerber,1I from March 1,2005
until July 2005 will not be recoverable for all beneficiaries.
13. PNC Bank although eager to be released as Guardian of Estate of
Mildred J. Gerber may also be found liable for surcharges or conspiracy between
themselves and Frederick E. Gerber,1I during the upcoming discovery period on the
Mildred J. Gerber Trust and Fred E. Gerber,Sr. Trust and moneys may be also
awarded to the Mildred J. Gerber Estate.
14. PNC Bank may also be surcharged for the Objections filed by
Marilyn Gerber for their Accounting of the Mildred J. Gerber Estate and Trust and
again moneys may have to be shifted from the Mildred J. Gerber Estate and Trust
which will affect the inheritance of all beneficiaries.
15. Currently there are Motions for Sanctions against Frederick E. Gerber,1I
for failure to provide documents during discovery of the Mildred J. Gerber Trust and
the Fred E. Gerber,Sr. Trust.
16. This Petitioner also shall be filing this week Petitions to open up
Accounting for the Mildred J. Gerber Estate and the Fred E. Gerber, Sr. Estate from
1998 to March 22,2001 as was also suggested by the Auditor, William A. Duncan,
Esquire as the past discovery that was conducted this past year in 2002 has indicated
many questions about non marshaled moneys and missing moneys.
17. This Petitioner also shall file Petitions challenging the Mildred J. Gerber
Trust as Amended in 1999 and 2001 as being invalid which will greatly affect the
beneficiaries and the moneys that each beneficiary shan inherit.
18. This Petitioner also has questioned as to who owns the Baltimore
Property, the Mildred J. Gerber Estate or Trust or the Fred E. Gerber,Sr.
Trust which shall be discovered and determined in the July 2005 hearings. If there is
a change in the ownership of this property, this also shall affect the beneficiaries of
the Mildred J. Gerber Trust or Estate and/or the Fred E. Gerber,Sr. Trust.
WHEREFORE, this Petitioner respectfully requests that this Court orders the
following:
19. This Court order that the Mildred J. Gerber Estate and the Mildred J.
Gerber Trust and the Fred E. Gerber, Sr. Trust be placed in ESCROW until the
Accountings of PNC Bank and Frederick E. Gerber,lI be settled by this Court and
the hearings in July 2005 be held and briefs be written.
20. That this Court order a hearing in the event that this Court deems this
necessary .
21. This Court assess fees and all other expenses that this Court deem
appropriate and proper for any tosses that this Petitioner may suffer upon the
revelation and surcharges assessed to PNC Bank or Frederick E. Gerber,lI upon
the final hearing of the Accountings.
Respectfully,
BY:
DATE:
.~
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t
,
VERIFICATION
deposes and says, subject to the penalties of 18
Pa. e.s. 4904 relating to unsworn falsification to authorities and that the facts set
forth in the foregoing Petition are true and correct to the best of her knowledge
information and belief.
BY:
!
Date:
{. /J;./lIerb/mr
j
CERTIFICATE OF SERVICE
1 hereby certify that on this
/.0--
day Of)~V
,2005,
that a true and correct copy of the foregoing Petition was served by means of
United States MaU, first class postage prepaid, upon the following:
Ms. Joanne Christine
Rhoads & Sinon
One South Market Square
Harrisburg,PA 17018
William A. Duncan,Esquire
One Irvine Row
Carlisle,PA 17013
Richard Rupp,Esquire
355 North 21st Street
Camp Hilt, P A 17011
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PAGE 1212
JlLl!~OL 3547103
August 20, 2004
Rill Miltl1;pl J. 9trier Tt'UfJ Un_ ABee1JI6IIt D4te4.
~ i,: 1997. CtIIIINrIIm4 CtqlJIIv {purr r1fCo",,,,OJI. Pleas.
!itA. 21-206ZJJ5~Q
R,: BSUII/J fJ,CMl/4nrtl J. GalIu. tilt In~ l!em1fh Cu'-mill
Coot. Co"n O(CplftfJR Plea. Nth 21-tU.?,Z
Ms. Muilyo. Gerber
717 Matket Street, #317
Lemoyne, PA 17043
Dear Ms. Ga'bet:
We apologize for the delay but wish to respond to the various supplemental questions that
you had regarding 1he Accounts tiled in the above matters. This letter addreues each of the
~em& that you xaised in ~
With regard to the ear payments, your sisteor often sent PNe Bank. N.A. ("PNC") scvem
checks for sevwal mon1bs at one time. Jfthcre is a payment missiD& PNC will CQntact her and
request an additional payment Howevc:.r, the: note for the vehiole is for $5,000, and some
contusion over the dates of pay.ro.ent may be due to the initial deposit of SSOO that she made on
September 4, 2002, as shown on page 3 of the Guardian.'~hip Account. wbic:h in effect oovered
seven! monthly paymtrt.s at once.
VIA FAX AND CERTIFIED MAIL
RegatdiJ'-g the Munic;pal Partners Fund n, Inc-, encloiCd please find l. copy of a letter to
your brother dated December 9, 2002, with attached statem.eat, which clearly shows that the fund
was I1:lgisttlred. in the name of your father's TNSt. Thus. this asset was never a part. of the
Guaxdiamhip Eltate or your mother'!. TrutIt and as such me has no further infonnation with
regam to the; fund. We saggest 1hat you address this issue with your brother as put of' your
objections to the account that he :tiled IS Trustee of your father's Trust. Ibis letter and
attaehmeut were included iD the documents that were already produced to you.
With repni to the milltaty peD5ion. civil .service ~on and social security, the
docw:ncnts that W8I1!l provided to you shOW'that PNe was making every effort to transfer the
direct deposit of these funds to the Guardianship Estate beginning with its appointment as
Guardian, but desp;te its efforts this did not occur tUltil the dateS shown. in the Account.
Attached pleaae hd the summaries of the tranSaCtions from March 22, 2001 through October 31,
2001 m the two ohec:king 8CQ01.1D.14 in your mother's name which show the monthly receipts of
530722-1
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PAGE 03
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August 20, 2004
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those amowts until their deposit in the Gcwdiaship Estate. Also shown ~ the payments from
the eheeJri:ng accounts :fur ~ utilities and fees. and the transfers of the additional funds from
those aeeotlDts to the Guauiianship Estate. These traDdexs to the Guardianship Estate are also
shown in the Guardianship Account. both QI1 page .3 and page II.
Additionally:- you asked about the 525,000 tramf'er on S/31/01 from the Trost to the
Oumtianship Account and the ICbnbnJSellleM of those fimds back to the Trust as shown on pap
7 of the GuardilllSbip Account, in tbree instatlments of $20,000, 52.000 mc1 $3,000- These
amounts were imtiaUy transferred by your brother as Trustee of your mother's Trost to fi.m.d 1he
GuardianshiP. because UDtil the situation with her pensions and. social security was resolved there
was no cash in the Guatdirmship to pay for her monthly expenses. Once the Guardianship started
rec.,jvina the cash from. the pensions snd. social secm:ity, aud transferred the tem:!lintTtg amounts ~
from her checking accounts, those ftmdl ~ reimbursed. to the ~.
YOll also ask wheth.- any legal fees were paid to any attomeys from Chicago. No such
payments; are shown in the Aq;;Qwq aud uo such paytnea.ts were made.
Finally, you _eel about the procedure for titta1i!T.ing these mitten since the Guardianship
Acwunt and Trust Account OJJly cover the 1nmsactions in both matters through October of2003.
In the Guardi8DSbip~ once the Account is confinnc::d me will prepare a Statement of Additional
Receipts and Disbursements and provide tI1at to the parties in interest to show the transactions
that have taken place from the time First md FinBl Account was tiled to when the Guaroianship
is closed. The asseta will then be distributed as directed by the Court. If you wiJb those fimds to
be held in escrow pendiJJg :resolution of the rcmaininS matters with your brother, you should
~c:st tbat of the Auditor and the Court. As for the 'l'xust A.cco1mt, sin~ the Acoount :filed was
a Partial Account, an additional Account will be Jiled. to report the transactions that have
occurred since October of2003_
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We have yet to receive any settl_ent offer from }'OU as we discuued and requested.
Pl~ provide us with yout terms of settlement in "'liting so that we may respond acoordingly_
Very trUly yours,
co: David Brown. Vicc President and l'xust om