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HomeMy WebLinkAbout05-03-05 IN RE: MILDRED J. GERBER TRUST UNDERAGREEMEN~DATED DECEMBER 19,1997 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYL VANIA ORPHANS' COURT DIVISION NO. 21-02-0540 FRED E. GERBER,SA. TRUST UNDER AGREEMENT, DATED JULY 29,1994 NO. 21-1998-i1l'IQS PETITION OF MARILYN GERBER TO EXTEND THE FILING OF EXCEPTIONS OF THE AUDITOR'S REPORT BY 30 DAYS AND NOW COMES, the Petitioner, Marilyn Gerber,Pro Se, the eldest child of Mildred J. Gerber and Fred E. Gerber,Sr. and a full beneficiary of the above stated Trusts and who files the above stated Petition of Marilyn Gerber to Extend the Filing of the Exceptions of the Auditor's Report by 30 Days and states the following: 1. Petitioner herein is not an attorney and is conducting these proceedings Pro Se. 2. The Auditor in this case, William A. Duncan,Esquire filed his report and recommendations to the Court on March 29,2005. 3. The Auditor posted no notice at any time in writing to PNC Bank or Marilyn Gerber,nor discussed verbally at any status conference hearing,ss deadlines for filing exceptions to the Auditor's response and recommendations for the PNC Bank hearings that were held on September 28-29,2005. 4. In the past five years, ALL filings of any Accounting concerning the Trusts and estate of Mildred J. Gerber and Fred E. Gerber,Sr. Trust have included 7""" 1 C. c...n a letter to all counsel indicating the deadline that any exceptions or objections would have to be filed; indicating the specific date. Examples are the Court's order in June 2002 that ordered Frederick E. Gerber,1I to file Accounting of the above stated Trusts by July 8,2002. All counsel had until August 27,2002 to file Objections. This Court also ordered Frederick E. Gerber,1I to file additional Accounting for the above stated Trusts by January 28,2005 and all counsel had until March 1, 2005 to file Objections. William A. Duncan, Auditor also established deadlines that all counsel had to file a brief for the above stated Trusts. Marilyn Gerber had until Feb. 9,2005. Stipulations were also signed as to the filing of Accounting and Objections. It must also be noted that there have been 3 to 4 changes in the deadlines not only for the PNC Bank Objections to their Accounting but also for deadlines for filing each counsel's brief as well as for the Auditor's Report. Auditor Duncan has had to file extensions in this Court for legal authority to act as the Auditor. For reference, Judge Hoffer ordered an Audit of the above stated Trusts in early November 2002. Each time, Auditor Duncan would follow up with a letter to all counsel summarizing all issues and stating the deadlines. The Petitioner did not receive a letter from the Auditor stating deadlines for filing exceptions to the Auditor's Report. 5. The Court filed an order CONFIRMING the Auditor's Report and Recommendations on April 25,2005 stating that no exceptions had been filed. 6. The Petitioner left a message with Auditor Duncan on his voice mail message at his law office at One Irvine Row, Carlisle,PA. and requested information if there was a deadline on the filing of Exceptions and what they were. The Petitioner received no answer from the Auditor. The Petitioner requested if there was a 30 day or 90 day deadline for filing of any Exceptions to the Auditor's Report of March 29,2005. 7. On March 26,2005, The Petitioner was at the Orphans' Court and while conducting business;it was brought to her attention that an order of Judge Oler dated April 25,2005 came into the Clerk of the Orphans' Court CONFIRMING the the Auditor's Report and Recommendations and stating the their were no Exceptions filed. 8. The Petitioner placed a call to the Auditor on April 26,2005 requesting clarification on the deadline for the filing of Exceptions to the Auditor's Report. Auditor Duncan has never returned the Petitioner's call. 9. The history of this case has been fraught with delays that has prevented the Court from ruling on the filing of Objections by the Petitioner. The Petitioner requests that the Court grant the Petitioner an extension of 30 days to file her Exceptions and does not find this request to be prejudicial to any of the parties. 10. The Petitioner has recently been busy filing multiple motions in this case, issuing supoenas while working in a full time demanding job as a nurse. The Petitioner is required to represent herself Pro Se. The Trustee, Frederick E. Gerber,1I has consistently REFUSED to grant any moneys to the Petitioner which would allow her to seek counsel. The Trustee on the other hand has dipped freely into the Trust funds and spent over $200,000 on legal fees trying to defend his position on why he has not filed usual and customary annual Trust and Trustee reports and an annual accounting of each Trust to the beneficiaries. The Trustee is currently faced with explaining large personal loans that he took from a restricted Trust that was for the purpose of the support and care of Mildred J. Gerber. The Trustee is also currently faced with explaining how he personally enriched himself over $25,000 from a restricted Trust that he used for a deposit down on a home for himself in a wealthy neighborhood in Virginia. While the above issues of personal enrichment are for the upcoming hearing of the Objections of the Trustee,Frederick E. Gerber,lI, the issues are relatively similar to what occurred with PNC Bank who also enriched Rhoads & Sinon over $150,000 and counting for attorney fees as counsel to PNC Bank in administrating a small personal estate and a small Trust fund of Mildred J. Gerber. 11. Not granting the Petitioner a deadline of 30 days to file Exceptions to the Auditor's Report and Recommendations would cause the Petitioner who is a full beneficiary great financial loss from the above stated Trusts and shall have serious consequences to her financial future and inheritance. Examples of the financial losses are the issue of her personal property, the substantial missing property of Mildred J. Gerber, the loss the family residence, the loss of investments, the excessive legal fees and wasting of the assets of the Trust and the Estate. Legal issues that are at stake with this Auditor's report are the lack of due process; the failure to permit the Petitioner to supoena key banks and witnesses for production of documents and depositions; failure of the Court to hear numerous motions; and other errors of the Court and of the Auditor which the Petitioner has filed in her brief of February 9,2005. 12. The Petitioner filed a Petition in the Court asking for the moneys from the Estate and the Trust of Mildred J. Gerber be held in escrow until all of the Accounting issues are heard before this Court. Judge Oler and to prevent PNC Bank from transferring over the moneys from the Mildred J. Gerber Estate to the Executor who shall be Frederick E. Gerber,l!. There is also a Petition before this Court to Remove Frederick E. Gerber,1I who appears to constantly be UNAVAILABLE to act in his capacity as Executor or Trustee. PNC Bank filed a response on April 1,2005 to Judge Oler's request request to Show Cause on the Petitioner's above Petition. The Petitioner also filed an Answer to PNC Bank's NEW MATTER with the Court. Therefore at this junction with the complexity of the mutilple estates and Trusts, multiple Trustees and the issue of who shall be the Executor not to speak of the enormous delays that Frederick E. Gerber,ll has created for the Petitioner and the Court, the Petitioner does not see any grave issues financially at stake in requesting a 30 day extension as there are currently several Petitions in this Court which effectively have put many issues on hold with PNC Bank and the Trustee, Frederick E. Gerber,l!. WHEREFORE, the Petitioner respectfully requests of this Court that this Petition be GRANTED to extend the Filing of Exceptions of the Auditor's Report and Recommendations for 30 days. Date: ~J Respectfully submitted, Marilyn Gerber, ro Se 717 Market Street,#317 Lemony, PA 17043 717503-5280 PROOF OF SERVICE do hereby affirm that a copy of the above ~day ailed, first class mail, postage prepaid on the of ~.2005 to the following' Joanne Christine, Esquire Rhoads & Sinon One South Market Square Harrisburg,PA 17018 William A. Duncan, Esquire One Irvine Row Carlisle,PA 17013 Date ~705 ,}aP