FREDERICK GRESOY
IN THE CIRCUIT COURT
Plaintiff FOR v.
BALTIMORE CITY
CATHERINE RANDALL
CASE No.: 24-C-l 1-006415 OT
Defendant
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AFFIDAVIT OF FREDERICK GRESOV I, Frederick Gresov, being over the age o f 18, competent to testify, and having personal knowledge o f the facts set forth herein, state as follows: 1. I a m over 18 years o f age and competent to testify as to the matters set forth in this affidavit. 2. I have read the complaint filed on my behalf in this case and all the factual allegations contained therein of which I have personal knowledge are true and correct. 3. I have read the Affidavits filed by my mother, Catherine Randall, and maternal grandmother, Catherine Frick Beyer, which were attached to the Motion to Dismiss. I was very surprised to read a number o f the statements made in those affidavits, most notably that my grandmother gave me a gift o f stock for my high school graduation. I was unaware that she had ever made such a gift or that such gift was worth ten thousand dollars, and I certainly was not told o f it by my mother, either during a vacation in 2006 or at any other time. I did not discover this fact until I read it in my mother’s affidavit. 4. According to my mother’s affidavit, by April 2007, she had sold the stock which had been gifted to me by my grandmother in 2006. Although I paid the capital gains tax on the sale o f that stock, I never received any o f the income derived from that sale. I do not know on what my mother spent the money generated from that sale. 5. During my childhood, my mother wanted me to have a good and close relationship with my maternal grandmother. To that end, she consistently reminded me to send my grandmother “Thank You” notes for any number o f reasons, as well as general correspondence simply if she had not heard from me in some time. I was aware that my grandmother had given me five hundred dollar checks for my birthday and high school
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graduation. It is those gifts that my mother reminded me to send “Thank You” notes for during our vacation in July 2006. 6. I never received any tax returns from my mother or her accountant until after I was eighteen years old. 7. My mother has never provided me with any o f the financial staments for my trust account (“Account”). Before my twenty-first birthday, I did not know and my mother had not told me that all o f the funds in the Account had been spent nor that she had closed the Account. It was not until after I finished college that she claimed that the Account had been closed and all o f the money had been spent. 8. Every year, my mother requested that I send her my W -2’s so that her accountant could prepare my taxes for me. To my knowledge, my mother is not an accountant or tax professional. 9. I lived with my mother until 2004 when I was fourteen years old. I then chose to live with my father in Pennsylvania. When I lived in Balitmore, I attended The Gilman School. When I moved to Pennsylvania, I attended public school. Once I moved to Pennsylvania to live with my father, to my knowledge he paid for all o f my expenses. After I began living with my father, I visted my mother every other weekend and traveled by train. My mother would purchase the tickets for me. Other than that expense and other incidental expenses, I am unaware o f any expenses for me for which my mother paid or was responsible for paying. 10. In attending college, I incurred significant college loan debt o f approximately One Hundred Forty Thousand Dollars. In March 2011, I became obligated to begin paying those debts. I am working full time and my loans are currently paid up to this date; however that debt is approximately 50% o f my monthly net income, and will not be sustainable on my salary. 11. Because o f the burden o f my college loans given my salary, I approached my father and asked him for financial assistance. He told me that he would be willing to assist me and has provided me with assistance. Recently, however, he has been unable to continue to provide that assistance to me. 12. In addition, I am expecting the birth o f my first child on February 13, 2012. I attempted to tell my mother o f this fact before a recent hearing in the procedings in the case between she and my father in Pennsylvania but was prevented from speaking to her by her long time companion. My mother and grandmother refused to acknowledge me. 13. In addition to the college loans coming due, in the past year I have become engaged and started a family. With an impending marriage and the birth o f my daughter, I am responsible for significant expenses related to setting up a household and starting a family. Those expenses, combined with the burdens o f my college loan obligations, will be a significant hardship given my income.
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14. Knowing of the Account, and understanding it to have been set up to pay my college expenses, I approached my mother to ask about getting money from the Account after the loans came due. I was 22 at the time. She told me that the money from the Account had been spent. She referenced spending on my clothing and schooling, but did not provide me with any information as to on what the Account had been spent. 15. After my mother refused to provide me with any money from the Account and any documentation relating to the transactions on the Account, I contacted Deutche Bank/Alex. Brown & Sons to get the information directly. 1 was told that even though I was older than 21, they could not release information to me about the Account without the permission of my mother who was the custodian of the Account. 16. On or about March 4, 2011,1 sent my mother a letter demanding all o f the funds in the Account and all of the financial records regarding the Account by March 21,2011. A true and correct copy o f that letter is attached as Exhibit A. My mother responded to my letter by acknowledging my demand and assuring me that an accounting would be provided. Exhibit B. She told me that that she needed more time to gather the necessary documents and that she could not provide me with an accounting until after April 15, 2011. My mother also assured me that any withdrawals from the Account were proper and that all necessary documentation had been consistently maintained. Despite her assurance that an accounting would be provided “on an amicable basis” as soon after April 15, 2011 “as is practicable”, she never produced any documents to me nor the promised accounting. Not knowing any lawyers in Maryland, I contacted the law firm which had represented my father in his dispute with my mother to advise me of my rights. In July 2011, a letter was sent by my lawyers to my mother and her lawyer in Maryland repeating my earlier demand. By that time, I knew of the impending birth of my child. 17. After my mother, though her lawyers, refused to provide me with access to the Account, records for the Account, and all of the funds in the Account, I was forced to pursue this action. 1 did not and do not readily embrace having to sue my mother for what is rightfully mine. I have attempted to discuss this issue with her in the past and she has refused to do so. I accept that this is the route she has chosen. 18. 1 did file an Objection to my mother’s attachment of my paternal grandmother’s trust. I objected because my mother was attaching my father’s assets and assets of a trust which I am a beneficiary of, actions which limited resources available to me. To my knowledge, my father has satisfied the judgment obtained by my mother against him for child support. 19. I did not file this suit as a proxy for my father. Whatever issues exist between my parents, those issues are their own. 1 have initiated this suit in order to obtain the information my mother is obligated to provide me and to obtain that to which I have a right. I swear and affirm upon personal knowledge and penalty of perjury that the contents of the foregoing affidavit are true.
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