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Home My WebLink About05-02-03 , , IN RE: MILDRED J. GERB~R ;UST : IN THE COURT OF COMMON PLEAS OF UNDER AGREEMEN I, tJated : CUMBERLAND COUNTY,PENNSVLVANIA December 19,1997 and : ORPHANS' COURT DIVISION amended August 2,1999 : NO. 2001-0092 and January 25,2001 MOTION TO ORDER THE TRUSTEE, FREDERICK E GERBER, II TO PRODUCE THE FOLLOWING DOCUMENTS AND NOW, Plaintiff, Marilyn Jo Gerber, pursuant to Pa R.C.P. 4009.1, requests the production of documents and things as hereinafter described, within thirty days of service of this request, in the manner prescribed by Pa R.C.P. 4009.1. I. Definitions: As used in this request, the following meanings shall apply: -Document: includes writings, drawings, graphs, charts photographs, electronically created date, and other compilations of data from which information can be obtained, translated if necessary through detection or recovery devices into reasonably usable form. "Financial Statements" include any data compilation prePared by a bank, credit union, savings bank,savings and loan, brokerage house, investment firm, stock or mutual fund of any sort or other institution or firm which contains or reflects informatiOn regarding deposits, withdrawals, debits, credits transfers, assessments or any other financial transaction. "The Trusr means the trust established by Mildred J Gerber, deceased January 14,2003, and referred to in Plaintiff's Petition for Accounting and Oetendanfs Answer thereto: .The Trustee" means Frederick E Gerber,ll. . to II. Documents to be produced or made available for copying and inspection: I. All Financial Statements which reflect any transactions involving trust funds or assets which are, or were at any time after December 19,1997 and amended August 2,1999 and January 25,2001 ,held or possessed by the Trust. 2. All documents pertaining to any loans made by the trustee or anyone else, from trust funds of assets or using trust funds or assets or which pledged any trust funds or assets as collateral or other security, including, but not limited to: A. Any loan Application, whether formal and informal, or correspondence requesting a loan; B. Any financial disclosures or other documents of any kind, submitted by or on behalf of the loan recipient, or any obligor, for the purpose of securing or extending a loan. C. All documents relied upon by the trustee in making the decision to grant a loan, or submitted to the trustee for the purpose Of inducing or supporting a loan: D. Any documents reflecting forgiveness of any loan; E. Any instruments created evidencing any loan or the terms of any loan 3. Copies of all deposit sfips and canceled checks, drafts or debit reportS or other instruments created or used to draw or transfer funds or other assets from the trust 4. Any register maintained by the trustee or anyone, reflecting any tran~n involving trust funds of assets, including but not limited to check or draft registers . . and the like. 5. Any document submitted to or eonsidered by the trustee requesting the disbursement of trust funds or assets. 6. All receipts for any purchase(s) made by the trustee using any trust funds or assets. 7. Any correspondMce from any individual, financial institution or other entity, the subject of which concerns trust funds or assets. 8. All copies of tax returns prepared for Mildred J Gerber for federal and state taxes from 1997 until the present year due of 2002. 9. All copies and notes and preparation and correspondence of any entity or person Who prepared federal and any state tax forms along with the canceled checks for all revenues paid and moneys received. 10. Copies of all bills, receipts, and canceled checks from the payment of funds from this trust fund of Mildred J Gerber for the following: Cumrninngs, Associates AUantic Insurance Mgmt MD Oept of the Environment Chartes Schwab Pa Dept of Revenue Bill Haines PNC Bank all monthty canceled checks, monthly accounts, payments and deposit Acacia Ufe Insurance for Jane Heftin, Marilyn Gerbero or any other pef'$OO Central PA MR. Center Dell Catalog Sales ---~---~ -- --- - --T---- Bell Atlantic Mobile UNCChar10tte Lord and Taytor IRS Absolute Missouri Military Academy Major Larry Shaw Nuveen PA Investment Quality Municipal Schwab Penn Premium Income 11 Van Kampen American Capitol Trust Municipal Income Opptys Trust Schwab Municipal Money Trust Philadelphia P A Airport Revenue Bond Copies of all Birthday Gifts and Christmas gifts gN9n to canceled checks) for the following people: Jane Heflin, Amanda Heflin, Sean Heflin, John Heflin, Petra Gerber, Sascha Gerber, MiSCha Gerber, Fred E Gerber,lI. (front and back of L TO Randy Randolph Copies of all moneys given to Amanda Heflin, Sean Heflin, Sascha Gerber, Mischa Gerber, Petra Gerber, Frederick S Gerber, Frederick E. Gerber,1I for anything that was not noted as a birthday or Christmas gift. Elmhurst Clinic James Piccheti, DDS Downers Grove Family Practice, P.C. . . Daniel G Gilliland .CPA PC De Paul University Director of Finance- Baltimore Home Depot Register eX Wills Mr Sam Roder MOlie Scott Giant Richard Rupp Rupp & Meikle Copies of all expenses and incomes from Baltimore Property ECPI Michael Kane, Esquire DATE: ~), )t6J, RespfdfuUy Slbnitled. 717 Market St 17 L.emoyne,PA 17043 (717) &&52a) . ., CERTIFICATE OF SERVICE I, Marilyn Jo Gerber, do hereby certify that, on the day of May, 2003, I place a true and correct copy of the Motion to Order the Trustee, Frederick E. Gerber to Produce the ProductiOn of Documents, in the United State Mail, first claS$ postage prepaid, and addressed to: Richard Rupp 355 North 21st Street, Suite 205 Camp HiII,PA 17108 Jane Heflin 270 North Garfield Lombard,lIIinois 60148 BY:~~ MariI G DATE: ~JH~