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HomeMy WebLinkAbout08-02-05 (2) ~ IN RE: MILDRED J. GERBER TRUST UNDER AGREEMENT, dated December 19,1997, an incapacitated person IN RE: FRED E. GERBER,SR TRUST UNDER AGREEMENT, dated July 29,1994 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-2002-0540 No. 21-1998-0195 SECOND SET OF INTERROGATORIES RESTATED FROM THE FIRST SET OF INTERROGATORIES DIRECTED TO FREDERICK E. GERBER, II TRUSTEE FOR THE ABOVE STATED TRUSTS BY MARILYN GERBER,THE OBJECTOR TO: Richard Rupee, Esquire 355 North 21 st Street Camp Hill,PA 17011 , &t~ ~ /it/! / 1701/ ~ i'--) ~----=> C::l- c..n I N -0 W N ,...... lr~ '.-) (-) -'le) , 'J : 'i '1 C7 c.) : --'''I -: J _,: C) f-r1 T MARILYN GERBER'S SECOND SET OF INTERROGATORIES RESTATED FROM THE FIRST SET OF INTERROGATORIES SUBMITTED TO FREDERICK E. GERBER, II, TRUSTEE OF THE ABOVE STATED TRUSTS. FROM FIRST SET SUBMITTED ON NOVEMBER 6,2004. PLEASE TAKE NOTICE that you are hereby notified and required to answer separately, fully in writing, and under oath, within 30 days (30) days of receipt of this Notice and to serve your answers thereto on the undersigned in accordance with Pennsylvania RUle of Civil Procedure No 4001 ,et sego. Please take notice that Judge Oler ordered that the first set of Interrogatories that was submitted on November 6,2005 could be resubmitted to Frederick E. Gerber, II per the agreement made by Auditor Duncan and all counsel as was signed by a set of stipulations agreed upon on March 17,2005. These Interrogatories shall be deemed to be continuing Interrogatories. If between the time of filing your answers and the time of trial of this matter, you or anyone acting on your behalf, learn of any further information not contained in your answers, or if you learn that any information set forth in your answers is or has become inaccurate or incorrect, you shall promptly file and serve supplemental answers. The following Interrogatories are listed sequentially and not on separate pages. Each question Interrogatory shall be answered individually and completely. ALL INTERROGATORIES ARE TO INCLUDE ANSWERS FOR THE TWO ABOVE STATED TRUSTS AND FROM THE TIME PERIOD OF JANUARY 1998 TO AUGUST 7,2005 AS ORDERED BY THIS COURT IN JANUARY 2005 BY JUDGE OLEA. , MILDRED J. GERBER TRUST: 1. Identify each person who participated in furnishing any information with respect to these interrogatories and state the number and subpart of the interrogatory for which each person furnished information. 2. State: a. your full name b. Any other name by which you are known c. The address of your present residence where you sleep each night and that you call home. d. Please state if your wife Pert Gerber lives at 4287 Kearney Lane, Fairfax, Virginia and if she is an owner or part owner of this property. e. Please state if your wife Pert Gerber lives at 4015 Fairfax Center Hunt Trail, Fairfax, Virginia or in a name other than Fairfax and if she is an owner of this property. f. Please state where Pert Gerber lives most of the time at either of the properties listed in d and e or in other words which home does she call home. g. Please state if Pert Gerber and you are separated whether legally or informally. h. Please state when Pert Gerber and you stopped living together and became separated either legally or informally. i. Please state your occupation and the name and address and phone number of your employer. j. your date of birth k. your social security number I. the schools that you have attended since graduation from High School and for each school, identify the degrees or certificates you have obtained or been awarded, if any, and in what year obtained or awarded; m. the name and address of each residence that you have lived at since 1998 to the present, each time indicating the name of the address and who owned that residence or co-owned the residence. n. please state the address and the year that you lived or rented in Alexandria, Virginia and how much rent you paid for such residence and for how long you lived at this residence as well as who lived at this residence besides yourself, indicating their name and relationship to you. 3. State: All questions are directed about Mischa Gerber, issue of the Trusts. a. Please state the address of Mischa Gerber and where he has resided for each year from 1998 to the present b. Please state how much money was paid for any residence for Mischa Gerber from 1998 to the present if any rent was paid for either a school dormitory, apartment or other residence. c. Please state where Mischa Gerber was employed and state the name of each employer from 1998 to present and state the name of such employer, the address of the employer and the telephone number of the employer. d. Please provide copy of Federal IRS report for the years 1998 to present that were filed by you listing Mischa Gerber as a dependent by you or your wife, Pert Gerber. e.Please provide all copies of all bills, credit responsibility that you paid for MIscha Gerber from 1998 to present that were paid from any of the above stated Trusts. f. Please provide the names of each school that Mischa Gerber attended from 1998 to present. g. Please provide the receipts and bills for each school and related expenses to each school that you paid moneys from the Trust for Mischa Gerber from 1998 to present. h. Please state all degrees, certificates that Mischa Gerber has completed or attended since 1998 to present. 4. State and provide the following: a. the medical records of any and every medical physician who provided any services for the evaluation of Mildred J. Gerber for the filing of a Guardianship of Person or Estate and from the period of 1998 to the present. b. the medical records of each and every social worker who provided any services for the care or observation or assistance of Mildred J. Gerber from 1998 to the present. c. the medical records from Dr Pauline Weiner in Illinois for the care, evaluation and care of Mildred J. Gerber from 1998 to present. d. the medical records for the care or visits of Mildred J. Gerber seen at the Carlisle Barracks Dunham Army Clinic from 1998 to present. e. the medical records from the social workers who observed, cared for and cared for Mildred J. Gerber in Illinois from December 2001 to the present. f. the medical records from Dr. Lawless, physician at Sunrise Assisted Living of Glen Ellyn, Illinois. h. the medical records and notes and testimony from any employee of Sunrise Assisted Living from 2002 to the present. i. the medical records of the physician who examined Mildred J. Gerber determine her incapacitation in 2001. j. the medical records of the psychologist who examined Mildred J. Gerber to determine her incapacitation in 2001 . k. the nursing notes and all caregivers notes from Betra who cared for Mildred J. Gerber from 1998 to present. J. the nursing and caregiver notes from the service in Lombard, Illinois who cared for Mildred J. Gerber from 1998 to present. 5. Please state and provide. a. copies of all letters that were given to you by all caregivers who you instructed to give you all letters written by Marilyn Gerber to Mildred J. Gerber at her residence at 623 Hilltop Drive, New Cumberland,PA 6. Please provide copies of all airline tickets which were paid by the Trust of Mildred J. Gerber or the Trust of Fred E. Gerber,Sr. for visiting Mildred J. Gerber or Fred E. Gerber,Sr from 1998 to present and please state: a. who used the travel airline tickets. b. who rented a car for visitation of the above stated individuals c. when such travel occurred by each individual who billed the above stated Trusts for visitation of the above stated individuals. d. please indicate the travel dates that Frederick E. Gerber,1I made to visit Mildred J. Gerber in Illinois from 1998 to present and provide copies of airline tickets, car rentals, telephone charges, gas charges, food charges, and hotel charges. 7. Please provide the following and answer the questions: a. provide a copy of the Rent Board Hearing from the hearing of Marilyn Gerber and the San Francisco Rent Board that was held in 2001 and for which Richard Rupee attempted to present this hearing in this Court. b. was either of the Trusts billed for such retrieval and if yes, why. c. who was the landlord and his name and address that was contacted regarding information about the residence of Marilyn Gerber in San Francisco in 1999 and 2001. d. were all actions taken to seek information about Marilyn Gerber's whereabouts, residence and houses which she owned or rented billed to either of the above stated Trusts? and if so, please provide all documentation and billing and receipts for payment made to anyone, either an attorney, investigator for this information. e. why would you want to know about the whereabouts of Marilyn Gerber and where she rented or what property she owned? f. please provide a copy of the deed to her property at 42 Drexel Place, New Cumberland and state how you came into possession of this deed and how much was billed to the either of the above stated Trusts. 8. Please provide copies of all letters that you are in possession of that are written in the hand of Mildred J. Gerber and Fred E. Gerber,Sr from the period of 1998 to present. a. are you in possession of any letters that were written to Marilyn Gerber by either Mildred J. Gerber or Fred E. Gerber,Sr. and if yes, please explain how you came into contact with these letters. b. please explain the introduction of a letter from 1984 that was included in the production of documents as submitted to you which was written by Fred E. Gerber,Sr. to Marilyn Gerber c please explain the significance of this letter from Fred E. Gerber,Sr to Marilyn Gerber and please provide a copy of such letter. 9. Please provide copies of all correspondence to and from Mr. and Mrs. Timothy Losh to you or any other entity which would include letters, e-mails, correspondence to either you or to anyone in the GerberlFlanagan family or to any attorney associated with the residence of 623 Hilltop Drive,New Cumberland,PA. and a. please explain when you agreed to repay to the Losh's their deposit when they thought they wanted to purchase the house at 623 Hilltop Drive, New Cumberland and provide a copy of such document. b. please explain when the Losh's decided NOT TO PURCHASE the residence at 623 Hilltop Drive, New Cumberland. 10. Please provide the following and answer: a. Are you in possession of any inventory or list of tangible personal property that existed in the home of Mildred J. Gerber who lived at 623 Hilltop Drive, New Cumberland, PA and if so please state who made this inventory and when this inventory was made and provide a copy of any such inventories from the period of 1998 to present. b. was any tangible property removed from the residence of Mildred J. Gerber in the form of china, crystal stemware, silver pitchers, platters, bowls from a large wooden box located in the bedroom closet of Mildred J. Gerber at her home in New Cumberland? and if so, please state who removed these items and when they were removed and by whom and who is in possession of such items currently. c. provide an inventory of all items that you had Derr's remove from the basement of Mildred J. Gerber's home in New Cumberland from 1998 to present and state what each item was and 1. did you take any pictures. 2. provide a bill from Derrs along with an inventory of the items he removed. d. was any lawn furniture left in the garage that was purchased by the Trusts by you and were these items removed by you prior to the Rhoads taking possession of the residence at 623 Hilltop Drive, New Cumberland and if so,please state the items that you or anyone else took from this residence just before the Rhoads moved in. e. was any crystal stemware left in the home of Mildred J Gerber on or around November 2002 that had the name Jane and Mert marked on them and if you did not see these boxes did anyone inform you that these items existed and were located in the basement of the New Cumberland residence. t. were there any clothes of Mildred J. Gerber or Marilyn Gerber left in the above home prior to the Rhoads taking possession of this property and if so, please state who took and what was taken of these clothes that were located and left by PNC Bank in this residence. g. was any jewelry taken from the property of Mildred J. Gerber from the residence of Mildred J. Gerber between 1998 to 2001 and if so who took this jewelry and who is in possession of this jewelry. 11. Please provide copies of all Federal and Statelncome Taxes for the above Stated Trusts from 1998 to present and please answer. a. who completed the Federal and State Income Tax for the Trusts for the above stated Trusts. b. what was the total amount paid out for the payment for completing these tax forms. c. please provide all of the accounting work sheets for the Federal and :State fax reports for the above stated Trusts from 1998 to present. d. please state the name and address and telephone number of all accountants, CPA who provided services for the above stated Trusts from 1998 to present. 12. Please provide the asset value of the Life Insurance policies which Fred E. Gerber,Sr. left to any member of the Gerber family or to any other person or institution and answer the following: a. where did the moneys go for the approximate $65,000 in life insurance policies that Mildred J. Gerber received from her spouse, Fred E. Gerber,Sr. b. please provide a copy of each life insurance policy and the amount paid out and where this money was deposited and where it resides currently. c. please provide all the life insurance policies that Mildred J. Gerber left to anyone in the Gerber family, the Flanagan family, or to any other institution or individual and the value of each insurance or life policy as well as any burial policy. and answer: d. copies of each insurance policy that Mildred J. Gerber paid out to anyone and the value of each policy and where this money is deposited from 1998 to 2005. e. copies of all burial insurance policies that Globe Life Insurance who held the policy for Marilyn Gerber and how many times, they offered you the opportunity to buy more value on the policy. 1. when did you stop paying the Globe Life Insurance policy that was in Marilyn Gerber's name and state why you stopped and what is the current value of this policy now. 13. Please provide copies of all mobile telephone and the bills for such phones from 1998 to 2001 that the Trusts paid out and answer: a. who owned these mobile phones and why b. who used these mobile phones and why c. where are these mobile phones currently d. provide copies of all mobile phone bills from 1998 to present 14. Please answer where all of the fax and office equipment that was purchased by you is located at this time and who is using this equipement that PNC Bank and Marilyn Gerber have objected to. 15. Please answer the following: a. Did you or anyone in the Gerber family take any pictures of Mildred J. Gerber or Fred E. Gerber,Sr. from 1998 to present and if so, please provide a copy of such photos, digital photographs, videos that you have seen or are aware that were taken by you or anyone else. 16. Copies of all mortage agreements that you signed and that Pert Gerber signed for the purchase of the home on Kearney Lane and on Fairfax Center Hunt Trail both located in Fairfax County. a. please state the value of each property stated above for each year from 1998 to present. b. please state if this property is jointly owned or owned by only one person. c. please state for what reason you took a loan for the purchase of a home on Fairfax Center Hunt Trail when you and Pert Gerber jointly owned a home on Kearney Lane. d. is one of these homes a settlement as you and Pert Gerber are unofficially separated and if so: what are the terms of this unofficial separation and who gets which property e. please state at which property f. please state why you and you and Pert Gerber own two properties in Fairfax County? and if so when did you purchase the second home on Fairfax Center Hunt Trail. 1. was this a new home or a used home? g. Who pays the mortgages on each property and if it is divided among you and Pert Gerber, please state who pays what and for which property and how much each of you pay on a monthly basis and the name of the mortage company and provide copies of each monthly mortage that you have each paid out since 1998 to the present. h. please provide all documents in the form of building, renovation, the title and deed and the purchase and financial documents related to the purchase of the home at Fairfax Center Hunt Trail i. please provide all copies of the deed, real estate agent, the purchase of the home which you own at Kearney Lane, Fairfax, Virginia. 17. Please provide all copies of bills of sale, the name of the individual who purchased the home in Baltimore and please state who was the real estate agent as well as the name of the title search company. and a. did you inform Marilyn Gerber that you intended to sell this property and if you did not, the why not? b. did you inform Jane Heflin that you intended to sell the property and if you did, when and by what means and if there is any correspondence, please provide copies. c. please provide copies all correspondence between any bank, or entity or person regarding the renovation and sale of the Baltimore Property. d. where is the money from the sale of this property and how is it being invested by supplying the name of the bank, the name of the investments that it is invested in and supply copies of returns, monthly statements from the date of the sale of this property to the present. 18.Copies of all correspondence from Joseph Metz, and any other attorney who was not protected under the attorney- client privilege that moneys were paid for by the above stated Trusts. If you are claiming attorney client privilege, please list each and every attorney, their address and location and telephone number. I , 19. Please provide copies of all telephone bills that were paid by you by the Trusts for the above stated Trusts by month and year and explain why the Guardian of Estate did not pay for telephone bills and all financial bills that were related to the care of Mildred J. Gerber from March 2001 to the death of Mildred J. Gerber on January 14,2003 and a. W/1y did you write chEtcka from the Fred E. Gerber,Sr Trust when PNC Bank was the Guardi~n of Estate and wrote all fi'1ar'l~i~1 pills relatEtd to the care and maintenance of Milqred J. Gerber? I, · 20.. Please state the address and phone number of the following issues who have received moneys from the Trusts that are current as of August 2,2005 for Mischa Gerber Sascha Gerber Sean McCloud Heflin Amanda Heflin John Helfin Petra Gerber If,' 21. Please explain why you gave moneys from the Trusts to three military officers and state who they were and where they are currently located, their rank, their address and where they are stationed. Please state the name and address, and telephone number of General Retired Orsone and Colonel retired Thresher I I ' 22. Please state where you were returned from Iraq in the year 2003 and where you were located upon your return from Iraq in 2003. a. please state where you were from November 2003 to August 3,2004 b. please state the date that you were retired from the US Army c. please state if you were ever retired and called back after 30 years of service in the US Army. d. please state if your current employment is with a civilian employer or with a government or military employer and if so please state who you r employer is, where you are employed with the address, telephone number and the name of your immediate supervisor. -';~ f ,:::x..I(/ /"\ ;,,/ 1,... 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(J ~'61U)41JV !iJl~ t&L ~ it/JUt, ,~~G1- u !/vtlVitLu~ iI) II ,1/.-1-- ,,11 ",1 'j i1( ^ 1,/ /J ~ tJA/~ d;-I/fb 0/ xuffl'tU a, 1~b ?t/JvLZltL t:.,iVtY ffvd- ;J udJAi) d#iL-. il , / /- .. ~_ '1 , cx:~ /) , ~ /iuw- 1~d!Jl ~tx- ~lat /!/"uu-- ~~~"~ I/~ IUt-:U~/ ~:ffU~t; ( f':4&r ~'~ /UUhU/ /U; ;&;171 ~/ ~dauku{&r - . tu0tz:u~ uU1l~. ~~Cv~ A .~~/~ pj~~ 7Ut' ~ .. ~ . . ...jdF~fffhliiL fuwrf ~~~1t ." til::!-A4- ~ Iy~/~ II ;JIiI ~ ' . .. . VERIFICATION I,FREDERICK E. GERBER,II also known as Fred, verify that my statements in the foregoing document are true and correct to the best of my knowledge, information and belief. Said statements are based on my own knowledge, belief or information. I understand that my answers made in these Interrogatories are made under OATH per the laws of Pennsylvania. Frederick E. Gerber,lI Date: ~. ~f~ ~/7U/-~P~ , 4)# jfi t-- ~~~. r /iU f!WI<14 ~ . ~/,I / . ~~ 25~r- . Md-. . ,~ ~ '1\~~ ~/~ .. OIl · iLc0r:#O~ ~