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IN RE: MILDRED J. GERBER IN THE COURT 0 COMMON PLEAS
TRUST UNDER AGREEMENT CUMBERLAND C UNTY
dated December 19,1997 ORPHANS' COU T DIVISION
NO. 21-2002-054 ]"':)
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IN RE:FRED E. GERBER TRUST IN THE COURT 0 COMMON PLEAS'
UNDER AGREEMENT,dated CUMBERLAND C UNTY
JUL Y 29,1994 ORPHANS' COU T DIVISION - -
NO. 21-1998-019
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PETITION FOR THE EMERGENCY REMOVAL OF F EDERICK E. GERBER, II
AS TRUSTEE OF THE FRED E. GERBER,SR. TRU T, AND EXECUTOR OF
THE MILDRED J. GERBER ESTATE AND
PETITION TO FREEZE THE ASSETS OF THE MILD ED J. GERBER TRUST
AND THE FRED E. GERBER,SR. TRUST, THE MIL RED J. GERBER ESTATE
PETITION TO APPOINT AN IMPARTIAL, INDEPEN ENT FORENSIC
CPA ACCOUNTANT TO MAKE A COMPLETE REP RT OF THE
ACCOUNTING OF THE ABOVE STATED TRUSTS.
PETITION TO DENY PNC BANK'S REQUEST OF R SIGNA TION AND
IMPOSE UPON THEM THEIR FIDUCIARY RESPO IBILlTY TO ARGUE
THEIR OBJECTIONS ON THE ABOVE STATED TR STS AS THEY FILED
THEM IN AUGUST 2002.
PETITION IN THE EVENT OF THIS COURT'S DENI L TO REMOVE
FREDERICK E. GERBER, II, A REQUEST FOR A CO PLETE MEDICAL
PSYCHIATRIC EVALUATION OF FREDERICK E. G RBER,II FOR
COMPETENCE TO ACT AS AN EXECUTOR AND T USTEE
AND NOW, comes Marilyn Gerber,Pro Se, a full be eficiary of the above
stated Trusts and the eldest child of Fred E. Gerber,Sr. an Mildred J. Gerber and
states:
1. Fred E. Gerber,Sr. was deceased on Februa 22,1998 and his
Trust is now Irrevocable by reason of his death.
2. Mildred J. Gerber was deceased on January 4,2003 and her Trust is
now irrevocable by reason of her death.
3. Frederick E. Gerber, II was appointed and acc pted the position of
Trustee of the above stated Trusts.
4. PNC Bank removed Frederick E. Gerber,1I as rustee of the Mildred J.
Gerber Trust on or about October 3,2002. PNC Bank beca e successor Trustee of
the Mildred J. Gerber Trust on or about October 3,2002.
5. PNC Bank was appointed Guardian of Estate for the Mildred J. Gerber
Estate on March 21,2001 by Judge Bayley.
6. Frederick E. Gerber,1I was appointed Guardi of Person of Mildred J.
Gerber or or about December 22,2001 by Judge Bayley.
7. This court ordered Frederick E. Gerber, II to 1I0w Marilyn Gerber to visit
her mother, Mildred J. Gerber weekly wherever she lived. udge Bayley entered this
order on or about March 21,2001.
8. Judge Bayley found Frederick E. Gerber, II G IL TY of CIVIL CONTEMPT
in May 2003 and ordered Frederick E. Gerber,1I to pay Ma ilyn Gerber $5,000.
9. Frederick E. Gerber,1I finally paid Marilyn Ge ber in 2004 one year
after Judge Bayley's order.
10. Frederick E. Gerber,11 filed a civil law suit for ibel and Slander against
Marilyn Gerber in July 1999.
11. PNC BANK filed citations in this Court for a f II Accounting of the
Mildred J. Gerber Trust and the Fred E. Gerber,Sr Trust fro the period of March
21,2001 until July 8,2002. This Court ordered Frederick E. Gerber,1I to produce a
full accounting by July 8,2002.
Frederick E. Gerber,1I ultimately filed Accounting for the above stated Trusts
but ONL Y from February 1998 until December 31,2001. Fr derick E. Gerber, II
refused to file any accounting for January 2002 until July 8, 2002. Frederick E. Gerber,
II also filed THREE amended versions of his Accounting fo the above stated Trusts
as ordered by this Court.
12. PNC Bank and Marilyn Gerber filed or or abo t August 27,2002,
Objections to the Accounting of the above stated Trusts.
13. On or about November 23,2002, Judge Hoff r appointed William A.
Duncan,Esquire as Auditor for the Objections of the above tated Trusts.
14. In February 2003, PNC Bank initiated their a empt to remove themselves
as the Guardian of Estate due to Mildred J Gerber's death ut still remained the
Trustee of the Mildred J. Gerber Trust and charged the Mil red J. Gerber Trust
$5,000 annually in addition to administrative, investment a d legal fees.
15. Frederick E. Gerber,1I has delayed, misrepre ented his military status
and attempted to thwart any discovery or depositions of th Accounting of the above
stated Trusts since 1998 and denied Marilyn Gerber who is a full beneficiary of the
above stated Trusts ANY disbursements from the above st ted Trusts.
16. It is estimated that the above stated Trusts ha an ORIGINAL net
worth of approximately 1.2 Million Dollar, however there h s NEVER been an
accounting to reflect the original net worth of each Trust m ch less where the
moneys came which would included the pass through and pour over of moneys from
the Fred E. Gerber, Sr. Estate, the Florence Gerber Cappe Estate (deceased sister
of Fred E. Gerber,Sr. and the Mildred J.Gerber Estate.
17. Currently there is NO DOCUMENTATION as o the current asset value
of the above stated Trusts due to Frederick E. Gerber,II's ttempt to delay and
thwart discovery. It is estimated however that the current alue is below $400,000.
18. Frederick E. Gerber,1I was charged with the f duciary responsibility of
managing, investing and growing the assets of the above tated Trusts as well as
generate income.
19. PNC Bank was charged with the fiduciary re ponsibility of managing,
investing and growing the assets of the above stated Trust as well as generate
income.
20. Marilyn Gerber filed Objections to the Accoun ing of PNC Bank's
filing of the accounting of the Mildred J. Gerber Estate and he Mildred J. Gerber
Trust. William A Duncan,Esquire was appointed as Audit r and a hearing was
held on September 28,29,2004 in this Court. Auditor Dunc n filed his Brief on
March 29,2005 and this Court accepted his recommendati ns on April 25,2005.
21. Marilyn Gerber filed a Notice to Appeal on M y 19,2005 in Superior
Court of Pennsylvania for this Court's decision to accept th Accounting of PNC Bank
for the Accounting of Mildred J. Gerber Estate and the Mildr d J. Gerber Trust.
22. PNC Bank was not surcharged by this Court f r any of their excessive
legal fees for their management of the Mildred J. Gerber Es ate or the Mildred J.
Gerber Trust which have amounted to OVER $100,000. P C Bank was not
surcharged by this Court for the losses which they incurred in their retail investment
decisions nor were they surcharged in failing to marshall th complete assets of
Mildred J. Gerber for her Estate and her Trust.
23. PNC Bank has filed an additional accounting f r the time period of
that was filed with this Court.
g. Incomplete RECEIPTS, Credit Card State ents, Banking statements,
and Checking Account statements from Frederick E. Gerb r,1I and PNC Bank
from 1998 to present.
h. Incomplete Deposition of Frederick E. Ger er,1I
i. No Deposition of PNC Bank and Charles S hwab as was ORDERED
by the Auditor, William A Duncan, Esquire in late 2004.
IN SUMMARY, Frederick E. Gerber,1I has showed a d demonstrated
a COMPLETE disrespect for this Court, their orders, those f the Auditor, William
A. Duncan and has not only wasted financial assets but ha WASTED this Court's
time and energy that could have been put to use elsewher . Frederick E. Gerber,1I
actions have put a heavy burden on this Court and involve them in the familial
sibling hatred of his sister, Marilyn Gerber which has made it difficult for this Court
to extricate itself.
WHEREFORE, Marilyn Gerber does respectfully req est that this Court
do the following:
1. Remove Frederick E. Gerber,11 as Executor of he Mildred J. Gerber
Estate as the moneys from her Estate must first pass throu h him and then into
a pour over Trust.
2. Remove Frederick E. Gerber, II as Trustee of t e Fred E. Gerber,Sr.
Trust.
3. Order a Medical and Psychiatric Evaluation of Frederick E. Gerber,11.
October 23,2002 until the present. Marilyn Gerber shall fil her Objections by
June 21,2005 with this Court. PNC Bank has essentially TRIPPED the entire
Mildred J. Gerber Estate and the Mildred J. Gerber Trust 0 its assets with legal
fees from Rhoads & Sinon and their banking administrativ costs.
24. PNC Bank REMAINS to this day as the Trust e of the Mildred J. Gerber
Trust and charges accordingly monthly in addition to a $5, 00 yearly fee.
25. PNC Bank agreed to the substitution of Jacq eline Verney,Esquire on
June 18,2003 of a Petition that was drafted by Richard Rup , not PNC Bank.
Jacqueline Verney was hired by Frederick E. Gerber,1I for e express purpose of
assisting Frederick E. Gerber, II in being appointed as the uardian of Estate of
Mildred J. Gerber in March 2001 and as Guardian of Pers n in December 2001.
Jacqueline Verney has held a hostile and arbitrary positio with Marilyn Gerber who
is
a full beneficiary of the Mildred J.Gerber Estate and Trust. PNC Bank more than
likely agreed to this as they have been trying to get out of t eir responsibility to
argue their Objections before this Court due to their seriou concern that they may
be surcharged in this Court and Federal Court for conspiri g to defraud Marilyn
Gerber.
Jacqueline Verney assisted Frederick E. Gerber,1I in amending a THIRD
VERSION of the Mildred J. Gerber Trust in January 2001 w i1e Mildred J. Gerber
suffered from Alzheimer's disease and was declared an in apacitated person by this
Court in March 2001.
There REMAINS an obvious conflict in the fact that P NC Bank is the current
Trustee of the Mildred J. Gerber Trust, charges fees for this position, filed the
Objections to the Accounting by Frederick E. Gerber, II for he above stated Trusts,
YET does not argue and act in this Court as the Trustee of the Mildred J. Gerber
Trust.
Marilyn Gerber has filed Petitions for the Removal f Jacqueline Verney
and this Court has consistently not heard these motions, h s vacated these
Motions and Petitions without Prejudice and the situation ntinues to this day at
great cost to the Trusts.
26. Prior to the hearing of the Objections for the bove stated Trusts which
were scheduled for early November 2004, Marilyn Gerber ffered Frederick E.
Gerber,1I to file the additional years 2002,2003,2004 inclu ing a projection of
expenses for 2005 for the Fred E. Gerber,Sr. Trust.
William A Duncan concurred with this recommendat on as well as Frederick
E. Gerber,1I and a new hearing date and discovery dates ere established in
December 2004.
Again, Jacqueline Verney attempted to object to the stipulations as sworn
during a status conference hearing in December 2004 and i1ed a Petition for
legal expenses and a sanction against Marilyn Gerber. Thi Court DENIED her
Petition and asked William A. Duncan to intercede.
William Duncan entered a recommendation to Judg
asked that Frederick E. Gerber, II file a full Accounting for th years 2002,2003,2004
and INCLUDING a projection of EXPENSES for 2005 up to the hearing date of
July 2005 by January 28,2005. Judge Oler entered this ord r.
27. Frederick E. Gerber,1I filed a full ACCOUNTIN by February 28,2005
but REFUSED to send a copy to any of the counsel which resulted in Marilyn
Gerber having to drive to the Court and pay $14.00 for co ies of the Accounting.
Prior to this, PNC Bank and all counsel received copies of all Accounting and their
amended versions for two years.
Frederick E. Gerber, II FAILED and still REFUSES t file the Court ordered
Accounting of Projections for 2005 for the Fred E Gerber, r Trust.
28. Marilyn Gerber discovered that Frederick E. erber SOLD the property
of the Fred E. Gerber,Sr. Trust in Baltimore and there is N information as to where
this money is and how it is being managed.
In a current deposition, Frederick E. Gerber,1I has N MEMORY of how much
he paid for his own home in Fairfax for which he took $30, 00 from the Mildred J.
Gerber Trust for his own enrichment.
29. Marilyn Gerber has filed NUMEROUS Petitio s and Motions with this
Court since 1998 to have Frederick E. Gerber,1I REMOVED, to have all of the assets
of the above stated Trusts FROZEN to prevent the unilater I wasting and defrauding
of the beneficiaries of the assets and income from the abov stated Trusts.
30. PNC Bank has now filed a Petition with this C urt to RESIGN as the
Trustee of the Mildred J. Gerber Trust and they want to RE URN the Trusteeship to
the very person that they removed it from, Frederick E. Ger er,11. This defies all
imagination and credibility in acceptable FIDUCIARY TRU T management.
31. CURRENTL Y, Marilyn Gerber can show this ourt that the above
stated Trusts have been wasted primarily by the legal fees f attorneys and the
fees of PNC Bank, Charles Schwab and other investment institutions.
Over the course of the past seven years, fo r out of the five
Cumberland County Judges have heard the issues and dr ma of the Gerber family
based on the actions of Frederick E. Gerber,11.
It is estimated that over sixty attorneys includ ng their paralegals have
been involved with the Trusts and Estates of Mildred J. Ge ber and Fred E. Gerber,Sr.
This included the numerous attorneys who filed Petitions t QUASH supoenas and
depositions over the course of just four and half years.
CURRENTL Y, if this course of action is allow d to continue, the
entire assets of the above stated Trusts shall have been di sipated by attorneys and
banks as well as by Frederick E. Gerber,1I who most defini Iy shall be surcharged.
However, Marilyn Gerber has GRAVE concerns as to how nd when Frederick E.
Gerber,1I shall REPAY his surcharge penalties.
32. Marilyn Gerber has acted as PRO SE in the a ove matters. At EVERY
turn PNC Bank, Charles Schwab and Frederick E. Gerber,1I has THWARTED
every attempt to receive a SIMPLE ACCOUNTING of the f 1I0wing:
a. Beginning assets of the two Trusts with validating documents.
b. Documents which show the management and ex enditures of the Trusts.
c. Documents which show the investments of the Tr sts.
d. Documents which show the current asset value of the Trusts.
33. Marilyn Gerber has now come to the CONCL SION that there has
been a conspiracy to DEFRAUD her beneficiary inheritance by Frederick E. Gerber,1I
and PNC Bank and that they are acting in concert to avoid urcharges or any
civil or criminal charges and penalties.
34. It is a beneficiary's right to receive SIMPLE, traight forward accounting
of the beginning asset value, the managing asset value a d the yearly accounting
of any Trust or Estate. A beneficiary SHOULD NEVER ha e to incur the financial
and emotional burden that Marilyn Gerber has had to end re over the course of
the past seven and half years.
35. Frederick E. Gerber, II has used this Court to buse Marilyn Gerber
for his ongoing and lifetime HATRED of Marilyn Gerber, hi sibling. Marilyn Gerber
shall be prepared in the upcoming hearing to demonstrate Frederick E Gerber,II's
hatred of Marilyn Gerber and his intentional misuse of this ourt in order to financially
burden and harm Marilyn Gerber. It is becoming very clear that Frederick E. Gerber,1I
intentions are to dissipate these Trusts so that Marilyn Ger er may have no chance
of recovering her beneficiary inheritance.
36. William Duncan has allowed Frederick E Ger er to delay this Audit
by misrepresenting his status and availability while in the S Army and REFUSED
to investigate Frederick E. Gerber's PERJURY when he sta ed that he was protected
under the Sailors and Soldiers Relief Act. This caused a si month delay of the
audit from December 2003 to August 3,2004.
William Duncan has not allowed Marilyn Gerber to s rve supoenas on key
witnesses and financial institutions or serve supoenas for d positions.
William Duncan has not sought this Court for orders 0 protect the integrity of
this Audit nor the Audit of the PNC Bank Accounting.
William Duncan has not allowed Marilyn Gerber to v ew original documents
from PNC Bank or Frederick E. Gerber,l!.
William Duncan has not allowed Marilyn Gerber to onduct or continue
depositions of PNC Bank or Frederick E. Gerber,11. Depo itions were often done
just one day prior to the PNC Bank hearing and currently t e deposition of Frederick
E. Gerber,1I is not completed.
William Duncan has not had all status conference earings officially recorded
and therefore many of his demands of the counsel of Fred rick E. Gerber,1I through
Richard Rupp, Esquire have not been carried out and are ot recorded. The same
is true for Jacqueline Verney.
William Duncan has allowed the introduction of Lin say Baird,Esquire who
after an absence of four and half years now appears at the last status conference
hearing and is now billing the Trust of Fred E Gerber and t e Mildred J. Gerber
Trust and Estate when she was only dealing as the attorne for Frederick E. Gerber,1I
in 2000 when this Court ordered that Frederick E. Gerber, II provide some accounting
of the Fred E. Gerber,Sr. Trust. Even then, Lindsay Baird h d to ask permission to
consult with Richard and Herbert Rupps as she did not hav the adequate fiduciary
experience to fullfill her responsibility to the Court. Now aft r four and half years, she
states that she is representing Frederick E. Gerber,1I for the Trusts. Then, one has to
ask why Richard Rupp is rerpresenting the Trusts when the firm of Rupp & Meikle
resigned their position in early 2000? How many attorneys does it take to complete
a simple task of accounting? Ms. Baird's appearance is wit out a doubt an attempt
to vacate the assets of the Trust thereby disenfranchising th Petitioner.
William Duncan appears now to have COMPLETEL shut down any
discovery, DENIED all requests by Marilyn Gerber for sup nas and DENIED
all requests by Marilyn Gerber for ORIGINAL banking and financial institutional
documents as Frederick E. Gerber, II has REFUSED and n t provided full copies
of all receipts but rather has submitted partially readable r ceipts, REDACTED
receipts, receipts that are photocopies over each other, an has failed to provide
complete documents from the Request for Production of D cuments as submitted to
him by Marilyn Gerber on March 17,2005.
Frederick E. Gerber,1I has also failed to submit the I gal fees from all the
attorneys who billed the the above stated Trusts and Willi m Duncan has allowed
this to transpire. He has only just ordered on May 19,2005 that Frederick E. Gerber,11
must submit all billable legal fees by June 20,2005. Maril n Gerber has filed
numerous Petitions for Sanctions against Frederick E. Ger er,lI and this Court
has still NOT HEARD the current Petitions for Sanctions ag inst him.
William Duncan now appears to be in a mad rush to complete this hearing
without allowing Marilyn Gerber adequate and appropriate ime for discovery.
Marilyn Gerber CANNOT prepare for the hearing, NOR can she ask her experts to
complete a financial analysis with MISSING DOCUMENTS
Marilyn Gerber is unable to submit intelligent Interro atories as she does not
have a full set of requested documents.
37. Frederick E. Gerber,1I during his tenure as Tru tee and Executor of
the Mildred J. Gerber Estate, the Fred E. Gerber Estate and the above stated Trusts,
has been OFTEN out of the country, in Iraq during this curr nt war, has gone through
a separation from his spouse, Petra Gerber, and has exper enced medical
issues as a surgery in December 2000 and most recently ppeared at his deposition
with a large eye patch over his left eye and dark glasses 0 which he REFUSED to
REMOVE. Frederick E. Gerber, II was in the US Army from 1998 to October 2004
when he retired.
Frederick E. Gerber,1I is now again out of the count for up to one month at
a time and during his deposition REFUSED to state where he is employed and
where he lives.
Frederick E. Gerber, II's emotional status and de me
issue and his deposition on May 31,2005, Frederick E. Ger er,1I stated that he was
suffering from "extreme mental anguish" , stated that he w suffering from back
pain and had to use the restroom frequently during his dep sition as he was
suffering from diarrhea. See EXHIBIT
Frederick E. Gerber, II also stated in his civil law suit gainst Marilyn Gerber
in 1999, stated that he was suffering extreme mental anxieti s and stated that this
affected his duties as a military officer. See EXHIBIT
Marilyn Gerber is a registered nurse with over 21 ye rs experience in
working with patients with psychiatric disorders, has admin stered psychiatric
tests and managed medical evaluations of psychiatric patie ts as well as other
clinical areas of nursing. Marilyn Gerber has grave concer s as to Frederick E.
Gerber.1I psychiatric health, his conduct during the past tw depositions, his
ongoing verbal, financial and past physical abuse of Marily Gerber not to mention
the past seven and half years of deliberate and overt attem ts to have Marilyn
Gerber, his sibling arrested, imprisoned, criminalized and c mpletely divested of
any contact with her family, her mother and her inheritance.
Marilyn Gerber feels that this sibling hatred is unpa aile led in her clinical
experience and research and asks this Court to Frederick . Gerber, II to
undergo a MEDICAL and PSYCHIATRIC evaluation to det rmine his ability to act
impartially as the Executor and Trustee of the above state Trusts.
38. The consequences of not removing Frederick E. Gerber,1I as Executor
and Trustee of the above stated Trusts shall be the comple e WASTING and
dissipation by the attorneys and the banks of the original 1 2 Million Dollars. As this
Court has NOT FROZEN the assets despite Marilyn Gerbe 's numerous Petitions,
Frederick E. Gerber,1I may continue on his spending and e riching himself and
his spouse, children without CONTROL.
39. There REMAINS outstanding the following;
a. Where is the $179,000 from the sale of Mil red J. Gerber's home
b. Who is controlling this money and if it is Fr derick E. Gerber,11
this is a legal problem as Frederick E. Gerber, II is not curre tly accepted by this
Court as the Executor of Mildred J. Gerber.
c. Is this money accruing interest and how m
d. Where is the monthly accounting and repo ing of the interest earned
e Where is the money from the sale of the Fr d E. Gerber,Sr. property
in Baltimore and who is managing this money and is it accr ing interest and where
are the monthly statements on this money?
f. Incomplete documents such a complete set of IRS tax statements
for the Mildred J. Gerber Trust, the Fred E. Gerber,SR Trust as well as a full set
of documents from all of the CPA and accountants who pre ared the accounting
4. FREEZE the Fred E. Gerber,Sr Trust, the Mil red J. Gerber Trust and
the Mildred J. Gerber Estate until such time that all issues re decided by this
Court or that all parties reach an agreement.
5. DENY PNC Bank's request to RESIGN and emand that they fullfil!
their fiduciary responsibility to argue their Objections whic they filed in August
2002 on the Accounting supplied by Frederick E. Gerber, II of the above stated
Trusts.
6. ORDER an IMPARTIAL, INDEPENDENT CP FORENSIC
Accountant to make a thorough anaylsis and report all the ssets, investments,
income and expdenditures, gains and losses of the above tated Trusts.
7. Delay the scheduled hearing of September 78,2005 until this
Accounting is completed by this Court appointed CPA.
Respectfully submitted b ,
~
Marilyn Gerber,Pro Se
717 Market Street,#317
Lemoyne,PA 17043
717 503-5280
Date: ~(l4r-
PROOF OF SERVICE
I o hereby sw ar that on Lday
of , I did hereby provide personally or mail, by US Mail,
post ge prepaid, a true and correct copy of the above Petit ons to the following:
Joanne Christine,Esquire
Rhoads & Sinon
One South Market Square
Harrisburg, PA
Richard Rupp,Esquire
355 North 21 st Street
Camp Hill, PA 17011
Jacqueline Verney,Esquire
44 South Hanover Street
Carlisle,PA 17013
William A Duncan, Esquire
One Irvine Row
Carlisle,PA 17013
Date t40u
VERIFICATION
~
I, verify that the S tements in the
foregoing document are true and correct to the best of my nowledge, information,
and belief. Said statements are based on Petitioner's own knowledge, belief or
information provided to her through court documents, depo itions and court
hearings and status conferences.
Said document is filed by Marilyn Gerber, Pro Se as Petitioner. I understand
that false statements herein are made subject to penalties f 18Pa.C.S.A. 4904
relating to unsworn falsification to authorities.
Date: ~j~ ~J-
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