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HomeMy WebLinkAbout07-25-05 IN RE: MILDRED J. GERBER TRUST DATED: December 19,1997 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION NO. 21-2002-0540 NO. 21-1998-0195 (-) c.' 0 ;:-:~ ,-> CJ C:::':"1 c...rt INRE: FRED E. GERBER,SR. TRUST DATED: July 29,1994 S:~ ,'- ~;J ~1 C) (--i .?~3 [C:h C~? .'(J -; -'fl --on C7~ fT-j [",) UJ -n \ ANSWER TO AUDITOR DUNCAN'S ORDER TO PROVIDE DOCUMi::NTS ON ANY DISCOVERY OF COMMINGLED ACCOUNTS, UNDISCLOSED ASSETS AND THE CURRICULUM VITAE OF ANY OR ALL EXPERT WITNESSES FOR DOCUMENT REVIEW OR TESTIMONY (JJ N AND NOW, this 22nd day of July,2005, comes Marilyn Gerber,Pro Se, the eldest child and a full beneficiary of the above stated Trusts who answers the above Court order signed by Auditor Duncan on May 31,2005 as follows: 1. Lindsay Baird, Esquire representing Frederick E. Gerber,1I requested books, statements or any other tangible things Marilyn Gerber has in support of Ms Baird's claim that Marilyn Gerber stated that Frederick E. Gerber,lI was hiding assets. a. Marilyn Gerber NEVER made a verbal testimony or produced a written document that Frederick E. Gerber,1I was hiding a specific asset. Marilyn Gerber has informed this Court and the counsel for this upcoming hearing as well as PNC Bank that Frederick E. Gerber,lI has NOT FULLY made an accounting of the assets tangible and intangible of the estates of Fred E. Gerber,Sr. and Mildred J. Gerber. As the final Trusts are a pour over Trust which eventually ends up in the Mildred J. Gerber Trust, Marilyn Gerber has mentioned on numerous occasions present. There was an accounting of some "trash" being removed but Marilyn Gerber is aware through the deposition of Mr. Chapman taken by herself and PNC Bank on May 20,2004 that he indicated that it was strange that there was no china, crystal, silverware, silver, household goods, antiques. As Marilyn Gerber lived in the family home from 1996 to January 13,2001 with the exception of a period from March 1998 to October 1999, she is a good witness to testify as to missing items which 3 sets of china, a large chest of silver pitchers, platters, etc., an entire extensive full set of Baccarat French crystal stemware, linens, plates, extensive jewelry which has never been itemized such as a large aquamarine pendant, a large topaz pendent, a solid gold frog, several gold coins, valuable evening wear, and garden equipment. f. The Objector has located a trust fund in Maryland that has been held by Bank of America under the name of" the Gerber family Trust". The Objector is now drawing up a motion seeking a court order for Frederick E. Gerber,1I to declare the history of this trust and a full accounting. Frederick E. Gerber,1I has financial accounts with Bank of America. h. Frederick E. Gerber,1I HAS NEVER SIGNED any document or affidavit stating that all that he has declared in the above stated Trusts constitutes the entire value of ALL ASSETS including the asset value of the two estates and he has NEVER signed or declared under oath or affidavit that there are no other assets off shore, in off shore banks or any other state. 2. This Court ordered the Objector, Marilyn Gerber to provide documents, books, statements or any other tangible things in support of her claim that Frederick E. Gerber, II has commingled funds. a. The response to this request by Lindsay Baird is very simple. Frederick E. Gerber,II has taken moneys in unsecured and unauthorized loans as well as wrote thousands and possibly tens of thousands of dollars from the checking account of Mildred J. Gerber. Ms. Jennifer Conway, of PNC Bank in New Cumberland stated under oath in February 2001, that Mildred J. Gerber had often a running balance of $30,000 to $50,000 in her checking account. Frederick E. Gerber,1I has NEVER provided any proof that his allegations that Marilyn Gerber took this money are true, nor has he offered any accounting to support his claim. Therefore, one has to ask where did this money go and this Objector believes that Frederick E. Gerber, II has appropriated the money for his own enrichment and therefore commingled it with own assets. b. Frederick E. Gerber,1I made a claim in January/February 2001 that Marilyn Gerber had taken over $180,000 from Mildred J. Gerber and therefore he intimated Mildred J. Gerber when she was suffering from Alzheimer's disease into signing a third version of her Irrevocable Trust stating that the first $180,000 would be deducted from Marilyn Gerber's inheritance from her Trust and the two remaining children would divide their share in two between Jane Heflin and Frederick E. Gerber,11. The problem with this amended Trust is that Mildred J. Gerber was suffering from ALzheimer and also had NO FINANCIAL EXPERIENCE for over 50 years and was not able to understand, much less state that she knew that Marilyn Gerber had taken $180,000 from her checking accounts. Marilyn Gerber had no access to Mildred J. Gerber's Trust funds and had no access to Mildred's checking account for the sum of $180,000. Marilyn Gerber suspects that Frederick E. Gerber, II inflated non appraised values of items which he believes were removed from the residence as well as inflated charges made on Mildred J. Gerber's credit card with MBNA as well as her checking account in order to make up a sum of money that reflected what he and possibly Jane Heflin had taken in cash moneys from Mildred J. Gerber's checking account in addition to her life insurance moneys and the moneys received from Florence Gerber Cappe. c. Frederick E. Gerber, II has taken moneys from Mildred J. Gerber's restricted Trust for his personal use under the title of loans for which he asked his mother who was 85 years age and suffering from Alzheimer and only had his sister, Jane Heflin witness his loan agreement, if there was actually a loan agreement. Frederick E. Gerber, II then deposited this money or loans into his personal accounts and commingled the Trust moneys with his own. d. Frederick E. Gerber,1I has taken $30,000 from the Fred E. Gerber,Sr. Trust for a deposit for purchase for an expensive home in Fairfax Virginia yet during his deposition he does not have any recollection or memory of what he paid for this home or when nor has he provided the documents which the Objector requested on March 17,2005. These moneys taken in such large amounts constitute enrichment for his own personal use when he has a home on Kearney Lane in Fairfax, Virginia and violates the tenants of the Trust as it was written in 1994. Frederick E. Gerber,1I is unofficially separated from his wife, Petra Gerber and this Objector suspects that he is under pressure to meet the demands of his wife who has attempted to leave him on three occassions during his marriage. His wife is entitled to one half of his military pension if she would to divorce him but his wife has essentially not worked and drawn much of a salary during their marriage and therefore, this Objector believes that one of the homes is being financed for Petra Gerber through moneys from the Trusts which may have reflected why Frederick E. Gerber,1I took so many "loans". Petra Gerber is not a beneficiary of this Trust and she has received moneys from the Trusts and therefore Frederick E. Gerber,1I is commingling his personal funds by taking moneys from the above stated Trusts for his personal needs and funds. Petra Gerber also has a business that Frederick E. Gerber,1I has invested in and assisted her with moneys that more than likely have come from the Trusts and or the estates. Petra Gerber has personally stated this to me in 1997,1998,1999. I believe that Petra Gerber is not legally separated or divorced from Frederick E. Gerber, II so that she will not have to testify against him in Court. e. Jane Heflin has also gone through a divorce in 1999 and the Objector has viewed documents submitted by the Accountant that reflect that the Trusts were used to relieve debt, pay for legal actions that were related to her divorce and payment out to her ex-husband, John McCloud Heflin who is NOT a beneficiary of the above stated Trusts. Again, Frederick E. Gerber,11 has not been completely forthcoming with all of the documents and most of the documents that Frederick E. Gerber,1I has submitted to the Objector have been redacted and most receipts have been overlapped upon each other and not fully visible. 3. My expert witness is not available currently and I have not been able to secure a curriculum vitae but I shall provide this Court with a copy upon receipt of such document. It must be noted that the other counsel for this upcoming hearing have NOT provided any curriculum vitae's for their stated expert witnesses and Richard Rupp has not even verified who will be the expert witness as he states that maybe he will call them or someone else. Lindsay Baird and Jacqueline Verney have not stated who their expert witnesses shall be nor provided their pre-hearing memorandum as was ordered by William A. Duncan,Auditor for July 7,2005. This has been the tenant and tone of the entire discovery period with much of the requested documents not submitted to the Objector, no interrogatories answered, and no compliance with ordered Accounting and legal billable hours which still are outstanding from Lindsay Baird and Richard Rupp. Auditor Duncan has given another deadline of August 7,2005 to fulfill his requests. 4. All of the documents which Lindsay Baird requests are in the hands of her Accountant and her client, Frederick E. Gerber,1I as well as her co-counsel, Richard Rupp as they are in possession of all of these financial documents. The Court also has a copy of these documents as well as William Duncan. To reproduce them for this order would be repetitiveburdensome and beyond the financial means of this Objector. 5. The only document which I have not received for this deadline is the information from Bank of America on the Gerber family Trust stated in Maryland. I am still waiting for these documents and may require that this Court provide me with a Court order for Bank of America to release them in their entirety. 6. For all of the above reasons, in lieu of the fact that the financial estates of Fred E. Gerber,Sr. and Mildred J. Gerber were used by Frederick E. Gerber, 1\ and have not been fully accounted for as well as the total asset value of the above stated Trusts have not been fully marshaled and accounted for, it is the recommendation of this Objector that the personal financial accounts of Frederick E. Gerber," be ordered to be submitted to all counsel for the period of time from 1998 to present and should include all of his personal checking accounts, his joint-accounts with his wife, Petra Gerber, his savings accounts, his credit cards, his IRA/ROTH accounts, his Pentagon Federal Credit Unions or any other credit unions or financial institutions that he places his income, salary, interest or investments under his name or that of himself and his wife and any sheltered accounts in the name of his two children, Sascha Gerber and Mischa Gerber. Frederick E. Gerber,1I should be required and ordered to reveal any assets, moneys or investments that exist off shore or out of this country especially in Switzerland that have a connection to the above stated Trusts or moneys that were funneled from the estates of Fred and Mildred Gerber from 1998 to present. Frederick E. Gerber," should be ordered to sign an affidavit stating that he is not aware or has any moneys related to the estates, Trusts or assets that were from Fred E. Gerber,Sr. or Mildred J. Gerber that have not been disclosed and that to Auditor William A. Duncan, Esquire and this Court that Frederick E Gerber,1I has NEVER supplied any of the check (front and back) for the checking accounts of Fred and Mildred Gerber from 1998 to their deaths. Frederick E Gerber,1I has never made an accounting for the expenses which he controlled of a sizable pension, social security and life insurance policies that Mildred J. Gerber received upon the death of her spouse, Fred EGerber,Sr. on February 22,1998. b. Although Frederick E Gerber, II does not have to declare the life insurance policies in a letter of Testamentary, it is known to Marilyn Gerber that Mildred J. Gerber received well over $60,000 from several life insurance policies. There is NO ACCOUNTING as to where these moneys went, where they were invested or if Frederick E Gerber,1I appropriated these moneys for himself or with Jane Heflin. c. Frederick E Gerber,1I has NEVER accounted as to where the moneys that were inherited by Fred E Gerber,Sr. sister, Florence Gerber Cappe in November 1997 were transferred to. These moneys were initially deposited into the Fred E. Gerber,Sr. Trust and then were transferred out and allegedly given to Mildred J. Gerber. These moneys were approximately $ d. The combined moneys from the Life Insurance policies and the inheritance from Florence Cappe is over $100,000 and this money has never been accounted for or has any declaration been made as to where this money has been invested and when it will pour over into the Mildred J. Gerber. e. Frederick E. Gerber,1I has NEVER accounted for the tangible items that he and Jane Heflin took from the residence of the Gerber family from 1998 to if any moneys were to be located that he would receive the appropriate legal penalties to the full extent of this Court and the laws of this state and the Federal government. Respectfully submitted, Marilyn Gerber, Pro Se Dated: July 22,2005 via fax, mailed on July 22,2005 ~~~rS CERTIFICATE OF SERVICE I, Marilyn Gerber do hereby certify that a true and correct copy was faxed to the counsel stated below of Auditor's Duncan's order on July 22,2005 and that a copy was mailed on July 23,2005, postage prepaid by US Mail. Richard Rupp,Equire Lindsay Baird,Esquire Jacqueline Verney ~ f f , 'fttduJ ~7 UrJ j