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Home My WebLink About12-30-05 RE: MILDRED J GERBER ESTATE, an Incapacitated Person IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY,PENNSYLVANIA ORPHANS' COURT DIVISION c; Ul NO 21-2001-92 --1 '---) C) C~} RE: MILDRED J. GERBER TRUST RE: FRED E. GERBER,SR TRUST NO. 21-2002-0540 NO. 21-1998-0195 :'P"'iI C.:~) c.) RE: FRED E. GERBER,SA. ESTATE NO. 21-1998-0195 NEW PETITION TO ENFORCE THE GERBER FAMILY SETTLEMENT AGREEMENT, DATED, SEPTEMBER 9,2005 OF MILDRED J. GERBER AND FRED E GERBER,SA. REQUEST FOR A CONTINUANCE DUE TO NEW INFORMATION AND MARILYN GERBER'S ABSENCE FROM THE USA FROM DECEMBER 29,2006 UNTIL THE END OF FEBRUARY 2006. NOW COMES, Marilyn Gerber, Pro Se, a full beneficiary of the above stated Estates and Trusts and files this Petition as follows: 1. On Friday, December 23, 2005, Marilyn Gerber traveled to the Iron Forge Storage facility located in Carlisle, Pennsylvania. Upon arrival at the storage locker, C-28, Marilyn discovered a padlock and a key lock on the door. 2. Marilyn called Mr. William Wirl, the owner of Iron Forge Storage to request assistance in order that she may enter C-28 and inquire about the extra key lock. He stated that he would come right over. Mr. Wirl signed a hand written note stating that he removed t he key lock from C-28 at10:55AM. The padlock remained on the front of C-28 after the removal of the key lock. Exhibit A. 3. At 11 :05, December 23,2005, a large 24 foot moving truck arrived at , Iron Forge Storage from Harrisburg Storage Company. Mr. Robert J. KrovicJr. witnessed Marilyn Gerber REMOVE the padlock that was placed by Frederick E. Gerber,1I on October 29, 2005 at 11 :05. There were three moving personnel present. Mr. Joseph Wells, III, Mr. Gary William's and Mr. Robert Koranic, Jr.(managing mover). 4. Photographs were taken when the door of C-28 was opened and throughout the moving process. 5. All items were removed from Unit C-28 and individual blue stickers were placed on each item that was loaded onto the Harrisburg Storage moving truck by Mr. Robert KrovicJr. The original stickers that were placed by Harrisburg Storage on October 1,2002 were present and a yellow color. 6. All the boxes were opened and witnessed by the three moving personnel from Harrisburg Storage and Marilyn Gerber. 7. The boxes which contained china, crystal and household tangible items were opened and placed carefully on quilted, padded mats on the ground immediately outside of the Unite C-28. Photographs were taken of these items. This unpacking was performed by the three personnel from Harrisburg Storage. 8. All the furniture and wardrobe boxes were loaded onto the moving truck after an inventory was made. 9. All damage was noted by Marilyn Gerber and Robert Koranic,Jr. of Harrisburg Storage. 10. All the china and the crystal was counted and inventoried by Marilyn Gerber and Robert Koranic,Jr. 11. All the china, Crystal and kitchen items were repacked by Robert Koranic,Jr., inventoried and placed on the Harrisburg Moving truck. 12. The Harrisburg Moving Company completed packing at approximately 15:30 PM. This process took approximately four and half hours. 13. The wardrobe boxes WERE NOT INVENTORIED OR EXAMINED as there was not enough time and the boxes containing clothing WERE NOT INVENTORIED OR EXAMINED as there was not enough time. These boxes were however stickered and inventoried and placed on the truck. CURSORY RESULTS OF EXAMINATION OF ITEMS IN UNIT C-28 14. Frederick E. Gerber,1I and Marilyn Gerber agreed along with the consent of the other beneficiaries on all of the items that would be given to Marilyn Gerber from the Estate and the Trust of Mildred J. Gerber and Fred E. Gerber,Sr. Estate and Trust on September 9,2005. Marilyn Gerber was also to receive all of her personal property which has resided in the home at 623 Hilltop Drive, New Cumberland since the summer of 1968. This agreement was signed on September 9,2005. 15. Frederick E. Gerber,1I was to make all of the agreed tangible personal Property available on October 29,2005. 16. Frederick E. Gerber,1I FAILDED to have a third party present on October 29,2005 and Frederick E. Gerber,1I REMOVED all of the stored tangible personal property of Mildred J. Gerber from Harrisburg Storage Company on or about October 26,2005 which was a CLlMA TIZED storage facility and removed this property 35 minutes away to Iron Forge Storage in Carlisle, Pennsylvania. 17. Frederick E. Gerber,1I FAILED and REFUSED to provide a list of the tangible property and Frederick E. Gerber,11 and Jane Heflin REFUSED Marilyn Gerber to witness the tangible personal property of Mildred J. Gerber as well as her personal property which had resided at 623 Hilltop Drive, New Cumberland, Pennsylvania. 18. Frederick E. Gerber,1I and Jane Heflin were still packing and storing items through the day of Saturday, October 29,2005 as they waited until the last moment to go through a 5 bedroom, three story home of property of the tangible property of Mildred J. Gerber and Marilyn Gerber and their personal property. 19. Upon opening Unit C-28 by Marilyn Gerber and Harrisburg Storage Company on December 23,2005, it was discovered that there were excessive boxes, furniture and items stored in this facility which WERE NOT on the agreed Gerber Settlement Agreement of September 9,2005. There were many large, heavy pieces of furniture and 14 wardrobe boxes of clothing belonging to Mildred J. Gerber. The three footlockers belonging to Marilyn Gerber were EMPTY of its contents that contained her childhood and college possessions. Marilyn Gerber was to receive ONLY one-third of Mildred J. Gerber's clothing and what was found consisted essentially of ALL of Mildred J. Gerber's clothing with the exception of some pieces taken by Jane Heflin and Frederick E. Gerber,lI. 20. Several of the furniture items were DAMAGED and broken beyond repair. This occurred after Harrisburg Storage Company packed and stored this property as they created an extensive inventory list on October 1,2002 which listed the condition of all furniture and property. 21. Many, many items that were listed on the Gerber Family Settlement Agreement were MISSING and NOT PRESENT. 22. The jewelry was found in a small white jewelry bag and there were items missing from the Gerber Family Settlement which included a three strand pearl wedding necklace and a large amethyst brooch. There were 2 rosaries present, one a metal rosary which was broken and a pearl rosary which was broken and missing the cross. 23. Marilyn Gerber was forced to remove all of the furniture including the large unwanted pieces of furniture which were placed in Unite C-28 by Frederick E. Gerber,lI and return it to Harrisburg Storage Company as this facility is Climatized and near her home. This action incurred significant storage and moving fees as well as her time and travel, truck rental, mileage, and gas. 24. Stanley Laskowski counseled Marilyn Gerber,Pro Se to secure a storage company, have witnesses present when the Unit was opened and to itemize the property present in Unit C-28. Richard Rupp, Esquire informed Marilyn Gerber by mail that the storage unit would expire on December 22,2005 as Frederick E. Gerber,lI had paid for 3 storage units. One was for him and the other was for Jane Heflin. On December 23,2005, Mr. William Wirl stated that Fred and Jane's unit had been vacated. There was no evidence of where the "UNWANTED" property was located which Frederick E. Gerber,1I offered Marilyn Gerber for $12,000 UNSEEN, AS IS on October 29,2005. 25. Marilyn Gerber could not access the Unit C-28 at Iron Forge Storage until late December and this was done on the Friday before Christmas. Harrisburg Storage provided three personnel who could only work for approximately 4 hours. 25. Marilyn Gerber is NOW FACED with hours and hours of going through 14 wardrobe boxes of Mildred J. Gerber's clothing, going through boxes of clothing and personal items of Mildred J. Gerber and making a complete inventory list of all of property that was stored by Frederick E. Gerber, II in Unit C-28. Once Marilyn Gerber retrieves the items of clothing that constitutes one-third of Mildred J Gerber's clothing, she is faced with having to dispose of this clothing, as well as paying storage fees until this is completed. 26. It is clear from a cursory view of the items placed in this storage facility that Frederick E. Gerber,1I and Jane Heflin were rushed and also had NO INTENTION of complying with the list as agreed in the Gerber Family Settlement. 27. Marilyn Gerber is now faced with disposing of items that she did not want especially large pieces of furniture which will have to be either sold or sent to a dump which in both scenarios will cost money, time and labor. Marilyn Gerber believes that they placed these unwanted items in Unite C-28 as they did not want to incur the expenses of moving or throwing these items away and therefore acted acrimoniously toward Marilyn Gerber to inflict continued hardship upon her. NOTICE OF ABSENCE FROM THE USA 28. Marilyn Gerber shall be out of the country from December 29,2005 until the end of February 2006 for work. This travel schedule was planned prior to the Gerber Family Settlement of September 9,2005. 29. There was no time to develop film, complete the inventory of the items from Unite C-28 as it was the Christmas season and Marilyn Gerber had plans which did not allow her to go through and itemize and list all of the property as well as the missing property between December and December 29,2005. Marilyn Gerber has endured stress to incur these activities during the Christmas season and this has taken time away from her professional and personal time. Frederick E. Gerber,1I and Jane Heflin had from September 9,2005 until October 29,2005 to complete this task. 30. Judge W. Oler has ordered a hearing on January 19,2006 for oral argument at 09:30 AM in Courtroom No 1, Cumberland County Courthouse, Carlisle, Pennsylvania. He has requested briefs to be submitted at least five days prior to the argument. REQUEST FOR CONTINUANCE OF THIS HEARING DUE TO THE NEW DATE AND INVENTORY THAT NEEDS TO BE COMPLETED. 31 . In lieu of the fact that Unit C-28 was opened and a cursory inventory was completed, Marilyn Gerber REQUESTS that this hearing be continued until APRIL 2006 in order that she may develop film, receive the bills from Harrisburg Storage and go the Harrisburg Storage Company where she will have to go through tens of boxes and wardrobe boxes which she was unable to inventory on December 23,2005. Harrisburg Storage Company has placed all the items in approximately three containers and there shall be a fee to remove these crates for Marilyn Gerber to access and inventory at their facility. Marilyn Gerber shall require time in order to do this as well as prepare a list for the Court of the MISSING items and all of the unwanted items along with a financial appraisal of the costs of disposing of these items. 32. Marilyn Gerber has NOW incurred unreasonable storage and moving fees due to the actions of Frederick E. Gerber,11 and Jane Heflin which VIOLATES the Gerber Family Settlement of September 9,2005. 33. Marilyn Gerber shall now have to take time off of work to complete a complete list of the above for this Court and amend and add to her original Petition for damages that is to be heard on January 19,2006. 34. Marilyn Gerber has excluded service to the issues of Fred E. Gerber,Sr and Mildred J. Gerber as it is the responsibility of the Executor, Frederick E. Gerber,1I to comply with the Gerber Family Settlement Agreement as well as Jane Heflin who was involved in the decision and distribution of the tangible property. WHEREFORE, Marilyn Gerber respectfully requests that this Court continues the hearing of January 19,2006 until a full inventory can be completed and Marilyn Gerber returns to this country at the end of February 2006. Respectfully submitted, I , ~ /~ '1~ / v Marilyn Gerber,Pro Se 717 Market Street,#317 Lemoyne,PA 17043 TEL 717 503-5280 Date: ck~ d/, dn)r CERTIFICATE OF SERVICE ..tIv I HEREBY certify that on December 3-0 , a true and correctly copy of the above Petition was served by US mail, upon the following: Richard Rupp,Esquire 355 North 21 st. Street Camp HiII,PA 17011 Jacqueline Verney,Esquire 44 S Havover Street Carlisle,PA 17013 Lindsay Baird,Esquire 30 South Hangover Street Carlisle,PA 17013 William A Duncan, Esquire One Irvine Row Carlisle,PA 17013 Jane Heflin 270 N Garfield Lombard,1I 61048 The other four issues who constitute the children of Frederick E. Gerber,1I and Jane Heflin have been excluded from this Certificate of Service as it is the responsibility of the Executor, Frederick E. Gerber,li and Jane Heflin to examine this Petition and Comply with the Gerber Family Settelment. w Date: 1er/c2~ M~ , ~..J.3 #05' I .,'1 " J' " / Ilt-ltJ: 5'::,~ ~ ~ ~ '. ~~/If!6~~ ~;:##J :J;k~ dz,bd-. ~. AU . ~~ ~~.~dd ~/UL~ffd/~ ;t/~// ~~ - II /(),'~M _ ..,3uJ? J{I~1I-l/t/r~~W (! ?t' ~. :vt.... II): o-r --- .' ~ {it; C.- ;)~ Ud4". /kL / /I j;... ,/ II ' I Wdal'/I- cJ~J. 3 Jtn}$" ( _,'1 " .,/" l " ~;/ ~J.3 JM)5' ( .,.1 " ..' ;/ Cddull