HomeMy WebLinkAbout03-01-05
IN RE: MILDRED J. GERBER
TRUST UNDER AGREEMENT,
dated December 19,1997
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUN"t'{n: r-',":": ~;Q 9: \ 1
COMMONWEALTH OF ~e.JNSYC VANIA
ORPHANS' COURT DIVISION
.J NO. 21-2002-0540
IN RE: MILDRED J. GERBER
ESTATE, an incapacitated Person
PNC Bank appointed Guardian
on March 22,2001
Ii 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
FREDERICK E. GERBER,II 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,1I and Beneficiaries Until All of the Accounting Hearings with
PNC Bank and Frederick E. Gerber,11 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,lI
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,lI
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,11
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. exJfofJlrA-
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 sha11 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 sha11 not be heard until July 17-19,2005 and the briefs wi1l not be due until
early Fa11 2005. lf 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,11 from March 1,2005
until July 2005 wiU 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,11 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,l1
for failure to provide documents during discovery of the Mildred J. Gerber Trust and
the Fred E. Gerber,Sr. Trust.
16. This Petitioner also shalt 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 sha11 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 sha11 affect the beneficiaries of
the Mildred J. Gerber Trust or Estate and/or the Fred E. Gerber,Sr. Trust.
WHEREFORE, this Petitioner respectfu11y 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:
~ ..
" i,mr
.'
,
VERIFICATION
deposes and says, subject to the penalties of 18
Pa. C.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:
l
Marilyn Gerber, Pro Se
Date:
( J1j;tterhl,UoQ
I
CERTIFICATE OF SERVICE
I hereby certify that on this
/d--
day Of.)'~V
,2005,
that a true and correct copy of the foregoing Petition was served by means of
United States Mail, 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 21 st Street
Camp Hi1I, PA 17011
/l
6J?; 'J~
MarilYn~ Sa
BY:
Date:
\_-~ ~ -
f.. r\
;1 JI,c#V)
/ . ,
THE UPS STORE
08/20/2004 16:56 7177377116
"YI Uf LUU4 .10: U Jill 717' 233 1388 RHOADS" SINON LLP lilI002
'. '. . l l t . I "' r . I I I j I. I. ,I'l, ..:' : t' 1 I I. . .': ,4,1 . , . :: ; I " . ,.
" ' . " , I l I ,',,, l' t I ',. I . ,',' I I . 4'41 "f. ,It. r II '
\ I I . I I, . . tti~ ... . " 'I I I I,. , I . I .. . I," I . ,I ~ I ,~. I \). 1 t
, I I I I I .: " . I.. I . ~ I '.. I . r . I. .. I I .f I , 4 ,I I' I , I '. I . It. . , I "I' It. " , I .
f. ,,;1 I I \ I , 1 1,1 ~I "\ t \., : ,,, I . "", Ij '4 1,1 4 "~'''''' . J"w.,MetBoo'lP r"'I,:ristiDe' I I 1 I
.' I I I . ~ I I I . I I .. I I ~" -=- I I' \ I I' I I.. I ~ 4. . ~: . \ ,4 '4 ", . I /' I . -.....,..-.. ,. ~ "'-r" .. . I .'. . ~ I
," RH'" Q~' S' tta-"I,.':' I, .' 11'1..' "", ,," ,..,'/' '.-...~"oI,,, '; ::' ',:. ."
, , , j' \ "Ultl l'1t, ", ".' "'" " '., " ' '" PH01~,4;JI-'67J61 " "
I ( 1\' ,,' .-- ___r.' I,..., t I 14 ,I I . I.. ,. . ~rJi1)23)~761 I'. I I...,'! '.
.',,:' ':0":' 'Sl~ .N,':'O~i,::t;,~::,.;p. :, ',:':/,,:;',";:';:'.';, ....:.::; <::':,'," 'j:,' ,;.,';::::::;.' :',::' 'J~~:~:, '.' ',": . " ,
I \. et f 'l.~llJiiL:l 1.\ , '
PAGE 02
.ru.,,"~o, 3547103
August 20, 2004
Rtl: Miltbwl J. ~ TtI#.fJ Un_ AIlreemellt Ih*tl
Deeember 1'. 1997. CtutllMrIIlIItl CtllIJUv Cou... ~Ct}IIUII.01J PleGJ..
No.. 21-2002-054J/,
Re: B8ttlI8 o[MI/.4nrtl J. ~u. tilt IlJctllHldttatl Perro~ C",Mbnhllltl
CtHiIIW Cf)ul't OfCQmIllD" Plea.. No. 21-(Jl..~
Ms. Msrilya Gerber
717 Madcet Street, #317
Lemo:yne, P A 17043
Dear Ms. Gaber:
We apologize for the delay but wish to respond to the various supplemental questions that
you had regarding the Acco\JD.ts filed in the above matters. 'I'his letter addresses each of the
COJJ.(;erDl that ;you Iaised in ~
With tep'd to the ear pa)'n1eJlts, your sister often sent PNe Bank, N.A. ("PNC") scvernl
checks for sewn1 months at one time. If there is a payment XI1issiD& PNe will con~ her IIJ1d
request an additional payment However, the note for the vehicle is .for S5,OOO, and some
contusion over the dates of pay.raent may be due to the initial deposit of $500 that she made on
September 4, 2002, as shown on page 3 of the Guardiansbip Account, whidl in effect oovered
sevcn1 monthly payments at once.
VIA FAX AND CERTIFIED MAIL
Rcganting the Municipal P:ntnets Fund n, Inc., enclosed please find a copy of a letter to
your brother dated December 9, 2002, with attached state:m.ent, which clearly shows that the fimcI
was rcgi~ in the name of your father's Trust.. Thus. this asset was never a part of the
Guardiamhip Estate or your mother's Trust a:nd as such me has no further infonnation with
rcg.m to the fimd. We sugacst 1hat you address this issue with your brother as part of your
objections to the 8C<<JUIlt that he :filed IS Trustee of your father's Trust. This letter and
lttaehment were included in the docmments that were already produoed to you.
With regant to the milltAIy pension. civil service ~DIl and social security, the
documents that were PfO"ided to you show- that PNC was making every effort to traosfcr the
direct deposit of these funds to the Gua:rdimship Estate beginning with its appointment as
Guardian, but despite its efforts this did not occur until the dates shown in the AccoWlt.
Attached please &d the summaries of the tJ:anSlctions from Mareh 22. 2001 through October 31,
2001 in the two ohec:king aClClO\1DTS in your mother's name which show the monthly receipts of
530722..1
Rhow .- Sino~ U.P . Attorney; :n Law.. l\f,IelfLh FIDor . One South M.fU'kcu Squ.t.re to P.O. Box \ 11-6
Ha1'l'ulb~,"g, PA l7108-1 1.,.6 · pll (711) 233-5731 . Jx ('111) 232-14'9 . ,...",...r'bo8ds--.siIll0ll.I:01l1
08/20/2004 16:56 7177377116
08/20/2004 18:44 FAX 717 233 1388
THE UPS STORE
RHOADS . SINON LLP
PAGE 03
I4J 003
August 207 2004
Page 2
those lD1ol,lXlts until tb.eir deposit in the Guanliaship Estate. Also shown are the paymertts from
the cheeJcing acCountS fur various ntilities and fees, and the transfers of the additional funds from
those eeOO1mts to the Ouar;dianahi:p Estate. These t:mW'ers to the Guardianship Estate are also
shown in the Guardianship AcC011I1\ both QJ;1 page 3 end page II.
Addiuonally, you asked about the 525,000 tnmsfer on S/31/01 frcm1 the Trost to the
Guardianship Account and the tcbnblttSel11ent of those funds back to the Trust as shown on page
7 of the Guardianship Aooount, in t1lree installments of $20,000, $2,000 mc1 $37000- These
amounts were irJitiaUy tra'D8fem:d by your brother as T:mstee of your mothers Trust to fund 1110
Guardiaoship, because lDltil the situation with her pensions and social security was resolved there
was no cash in the Guatdi8l1Sbip to pay for her monthly expenses. Once the Guardianship started
:reccrivilJ.8 the cash from. the pensions and social security, aud transferred the rem:rini'l'\g amouuts ./'
from her checking accounts, those ftmdl W<<e rcimbursec;1 to the Truat.
You also llBk wbeth. any legal fees were paid to any attorneys from Chicago. No such
paymentS! are shown in d1e A.c<:o\1nts and 110 such payments were made.
Finally, you iL6k:ed about the procedure for A"'A.li7.inJ these ml1teli sixwe the Guardianship
Account and Trust Account only cover the traIlSaOtions in both matters through October of2003.
In the Guardiaaship~ om:e the A=ount is confir.mc::d PNC will prep8l"e a Statement of Additional
Receipts and Disbursements and provide that to the parties in interest to show the transactions
that have ta1cen place from the time First :md Final Accolmt was tiled to when the Gualdi3n3hip
is closed.. The assets will then be distn'buted as directed by the Court. If you wiIb. those fhnds to
be held in escrow peh~iDg resolution of the remmntna matters with your brother, you should
request tbat of the Auditor and the Court. As for the Trost Acco1mt, sinc:e 1hc A.coouut filed was
a Partial Account, an additional Account will be .filed. to report the transactions that have
occurred since October of2001.
/fllll}! T
/I-
We ha-ve yet to receive any settlement oft'et from }'Ou as we mscuased and n:quested.
Please provide us with your terms of settlement in writing so that 'We may respond. accordingly_
Very trUly y~
RHoADS & SINON LLP
co: ~d Brown~ Vicc President and 'rxust om