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HomeMy WebLinkAbout06-15-05 , ~ IN RE:ESTATE OF IN THE COURT 0 COMMON PLEAS OF MILDRED J. GERBER, CUMBERLAND C UNTY,PENNSYLVANIA An lncapacl!a!ed Person ORPHANS' COUR DIVISION NO. 21-01-92 IN RE: MILDRED J. IN THE COURT 0 COMMON PLEAS OF GERBER TRUST UNDER CUMBERLAND C UNTY,PENNSYLVANIA AGREEMENT DATED ORPHANS' COUR DIVISION DECEMBER 19,1997 no. 21-02-540 " 'k..._. STATEMENT OF MATTERS COMPLAI ED OF ON APPEAL (-; , AND NOW, comes the Petitioner, Marilyn Gerber,Pr Se, the eldest child -- -.- of Mildred J. Gerber and a full beneficiary of the above stat d Estate and Trust of Mildred J. Gerber and who files the above stated Statemen of Matters Complained of on Appeal per the Order of this Court by Judge Oler, pur ant to Pa. R.A.P. 1925(b) and states the following: 1. On or about March 21 ,2001, PNC Bank was ppointed as the Guardian of Estate of Mildred J. Gerber in this Court by Judge Edgar ayley. 2. On or about October 3, 2001, PNC Bank subs ituted themselves as the successor Trustee of the Mildred J. Gerber Trust and remo ed Frederick E. Gerber,1I as Trustee of the Mildred J. Gerber Trust. 3. Mildred J. Gerber was deceased on January 4,2003. 4. The Petitioner, Marilyn Gerber is the eldest c ild and a full beneficiary of the Mildred J. Gerber Estate and Trust. The Petitioner al 0 was a caregiver and nurse for Mildred J. Gerber from 1997 to 2001 as well as liv d in the family residence of Mildred J. Gerber at 623 Hilltop Drive, New Cumberland Pennsylvania. JUN 7 ,:;' ; 'f "n '- .(U05 ~ > , 5. The Petitioner attempted to work with PNC Ba k from April 2001 until the present !n order for PNC Bank to gather all the assets 0 Mildred J. Gerber's Estate and Trust. The Petitioner alerted PNC Bank as to d mages, missing property, missing assets, missing mail and wasting of the Mildred J. erber Trust that was originally managed by Frederick E. Gerber,1I from February 1998 to October 2001 when PNC Bank removed him asTrustee. 6. The Petitioner attempted to secure and retrie her personal property from the the residence of Mildred J. Gerber which was also the childhood and family home of the Petitioner from PNC Bank to no avail. 7. The Petitioner informed PNC Bank that she w nted to purchase the property of Mildred J. Gerber at 623 Hilltop Drive, New Cu berland, Pennsylvania on October 1,2002 to no avail. 8. PNC Bank removed all of the personal prope of Mildred J. Gerber and that of the Petitioner, Marilyn Gerber on October 1 ,2002 an placed it in storage where it remains to this date. PNC Bank has refused to all w Marilyn Gerber to itemize or retrieve her personal property from the Harrisbur Storage Company. This constituted wasting of the estate of Mildred J. Gerber. 9. PNC Bank failed to generate income for the E tate of Mildred J. Gerber by renting the empty home of Mildred J. Gerber from Janua 2002 to January 2004. 10. PNC Bank through their attorney, Ms. A.J. Me dlesohn of Rhoads & Sinon, lied before Judge Hoffer on December 15,2004 by n t revealing that the buyers Mr. & Mrs. Timothy Losh had removed their bid to p rchase the home at 623 Hilltop Drive, New Cumberland on December 14,2002 whi h would have allowed ",' A . Petitioner to purchase the property when Judge Hoffer ask d the Petitioner if she was prepared to purchased th!s property on December 15,2005 11. PNC Bank filed a citation for Accounting of th Estate and Trust of Mildred J. Gerber on or about June 2001 which resulted in his Court ordering Frederick E. Gerber,1I to produce Accounting from March 2 ,2001 to July 8,2002 for the Estate and Trust of Mildred J. Gerber. 12. Frederick E. Gerber, II filed ONLY a Partial Ac ounting of the Estate and Trust of Mildred J. Gerber and NEVER filed any accounting rom January 2002 to July 8,2002 as ordered by this Court. 13. PNC Bank and this Petitioner filed Objections 0 the Accounting of the Estate and the Trust of Mildred J. Gerber on or about A gust 27,2002 in this Court. 14. In mid November 2002, Judge Hoffer ordered an Audit of the Accounting of the Estate and Trust of Mildred J. Gerber and appointed William A. Duncan, Esquire as the Auditor. 15. In February 2003, PNC Bank attempted to re oved themselves as the responsible party to argue and represent the Objections of e Estate of Mildred J. Gerber. 16. In July 2003, PNC Bank agreed to be substitu d as the Objector for the Objections to the Accounting of the Estate as well as th Trust of Mildred J. Gerber and this Court substituted Jacqueline Verney, Esquire as th 17. PNC Bank however REMAINS the Trustee of e Mildred J. Gerber Trust and has billed and managed the investment assets of the Mildred J. Gerber Trust since their becoming successor Trustee in October 2 1. -- I -..:7 . , 18. PNC Bank filed numerous motions during the ourse of discovery of the ,A,udit !n 2003 and 2004 attempting to block the producti n of Documents, Interrogatories as well as filed a Joint Motion to Quash all d scovery of Production of Documents from Charles Schwab. PNC Bank sold all the assets and retail products for e Mildred J. Gerber Trust that were located with Charles Schwab and despite t at commissions were already paid, PNC Bank then reinvested these assets in th ir own retail investment products thus effectively "double dipping" in fees and com issions for investments of the Mildred J. Gerber Trust. 19. PNC Bank hired Rhoads & Sinon as their out de attorney and generated legal fees in excess of $80,000 which constitute wasting of the Estate and the Trust. PNC Bank made no attempt to media e and work with all of the beneficiaries especially Marilyn Gerber. 20. PNC Bank failed to do a thorough and comple e inventory of the tangible personal property of Mildred J. Gerber in June 200 . 21. PNC Bank failed to file insurance claims on d mage and flooding in the home of Mildred J. Gerber. PNC Bank wasted and cau ed excessive fees for utilities, lawn maintenance, managing the mail of Mildred J. Gerber and failed to restrain Frederick E. Gerber, II who continued to wri e checks from the Estate and Trust of Mildred J. Gerber despite their appoint nt as Guardian of Estate 22. PNC Bank failed to manage the automobile of Mildred J. Gerber which was illegally taken out of state to Illinois in December 2001 nd did not manage f! , . the expired license plates and registration of this automobil . 23 PNC Bank entered into a consistent hostile re ationship with the Petitioner despite that she was a full beneficiary which resu ted in the wasting of enormous amount of the assets of the Estate and Trust of i1dred J. Gerber. 24. The Auditor refused to address the consistent delay and motions from the Trustee and Executor, Frederick E. Gerber, II which resu ted in costly wasting of the Estate and Trusts as well as legal fees by PNC Bank a the counsel for Frederick E. Gerber, II which was billed to the Estate and or rust of Mildred J. Gerber,1I On August 3,2005, the Auditor refused and failed to ddress information that indicated that Frederick E. Gerber,1I was indeed in the USA and was not protected under the Sailor's and Soldier's Relief Act which cost the a diting process 6 months and ultimately wasted assets from the Estate and the Trust. 25. The Auditor refused the Petitioner the right to iew all original documents from PNC Bank which amounted to 4,000 pages of docum ts which did not fulfill and could correlate to their expenses and billing of legal fe s for the Estate and Trust. 26. The Auditor refused and this Court did not he r Petitions filed by the Petitioner for Sanctions on Frederick E. Gerber,ll for failure 0 provide all documents and accounts relating to the PNC Bank hearing. The Audit r only allowed Frederick E. Gerber,1I to be deposed one day prior to the PNC Bank udit hearings which were September 28,29,2004. 27. The Auditor failed and refused the Petitioner d e process in full disclosure and discovery of valuable banking and acco nting receipts and - S . documentation from PNC Bank, Charles Schwab, and Fred rick E. Gerber,l!. 28. Th!s Court fB.!!ed to heaJ the Petition for a Stay on the Sale of the home at 623 Hilltop Drive, New Cumberland, PA which res Ited in this property being sold in February 2005 without the knowledge of the Petition r who is a beneficiary. 29. PNC Bank has failed to reimburse the expens s of this Petitioner for care and services to Mildred J. Gerber yet has allowed traordinary expenses to be spent and paid to Frederick E. Gerber,1I and Jane Heflin who are beneficiaries and children of Mildred J. Gerber which resulted in wasting f the assets of the Estate and Trust. 30. PNC Bank failed to take action to cease Frede ick E. Gerber, II from writing checks on margin on assets held with Charles Schw b for the Estate and Trust of Mildred J. Gerber. 31. PNC Bank entered into a conspiracy with Fred rick E. Gerber, II to defraud Marilyn Gerber, the Petitioner from her rightful inhe itance. 32. The Auditor failed to inform the Petitioner of a chedule of deadlines for filing of Objections; failed to make the original document available to her in a timely manner despite numerous requests and failed to inst uct the Court of serious problems that occurred with the investigation of this Audit. 33. This Court made no attempt to ask questions, sk for a hearing and signed off on the Auditor's Recommendations in his Brief d spite numerous legal issues as breach of due process, consistent and legal y supported case law. 34. This Court failed to hear and answer the Petiti ner's Petition to ask for a reconsideration of an extension of time to file an Answ r of Objections to the I,. I If' . . Auditor's Recommendations in his Brief which he filed on arch 29,2005. 35. The rems!n!ng issues 8.re well outlined in the rief fiied by the Petitioner on February 9,2005 with this Court. WHEREFORE,the Petitioner respectfully submits this Statement of Matters Complained of on Appeal as directed and ordered by Judg Wesley Oler,Jr. Respectfully submitted, ~ ~I , f.! Marilyn Gerber,Pro Se 717 Market Street,#317 Lemoyne,PA 17043 717 50305280 Date: 9au/'t ~.s- 1- I . PROOF OF SERVICE I do hereby swear that a true and correct copy was s Ned upon the parties below by US Mail, postage prepaid on June 15,200 for the Statement of Matters Complained on Appeal to the following: (p ';f. . . Marilyn I 4 - Date: ifCrJC.LI 1 7t7JJ I