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Home My WebLink About08-08-05 STATEMENT OF ADDITIONAL RECEIPTS AND DISBURSEMENTS OF PNC BANK, NATIONAL ASSOCIATION, GUARDIAN FOR THE ESTATE OF MILDRED J. GERBER, : AN INCAPACITATED PERSON PER DEGREE DATED 03/22/01 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 21-2001-0092 PETITION FOR CONTINUANCE OF AUDITOR ---1 AND NOW, comes the Petitioner, William A. Duncan, Esquire, Auditor in the above- captioned matter, and files this Petition for Continuance of Appointment of Auditor, making the following statement: 1. On or about June 21, 2004, the Petitioner, William A. Duncan, Esquire, was appointed Auditor in the above-captioned action pursuant to Orphan's Court Rule 8.1 et seq. and the Auditor accepted the appointment. A copy of the Appointment of Auditor and Order of Court is attached hereto as Exhibit "A". 2. According to the Order of Court, the Auditor is to file a report after consideration of all issues raised by Objectors. 3. Due to the additional legal issues presented by the parties relating to the audit and due to scheduling concerns, the Auditor is unable to file a report at this time. U1 (..J .-"} III 4. Orphan's Court Rule 8.2 allows this Honorable Court to extend the time to file said report upon application of the Auditor. 5. The Auditor shall present his current billing as to this matter to the Trust and thereafter shall do so regularly. 6. Attached hereto is correspondence marked as Exhibit "B" and provided to the parties related to the Audit. 7. In accordance with the stipulations specified here and above, the Auditor respectfully requests that all pending Motions and Petitions are dismissed without prejudice by the Court. WHEREFORE, Petitioner, William A. Duncan, Esquire, respectfully requests that the time for filing a report in this matter be extended until January 31, 2006. Respectfully submitted, DUNCAN & HARTMAN, P.C. By: ..~ Date: 0) VJDe:: William . One Irvine Row Carlisle, P A 17013 (717) 249-7780 2\Extension Petition 21-2001-0092 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION STATEMENT OF ADDITIONAL RECEIPTS AND DISBURSEMENTS: OF PNC BANK, NATIONAL ASSOCIATION, GUARDIAN FOR THE ESTATE OF MILDRED J. GERBER, AN INCAPACITATED PERSON PER DECREE DATED 03/22/01 21-2001-0092 IN RE: APPOINTMENT OF AUDITOR ORDER OF COURT AND NOW, this 21st day of June, 2005, upon consideration of the "Objections of Second and Final Account by PNC Bank, NA of Mildred J. Gerber Estate", filed by Marilyn Gerber, pro se, William A. Duncan, Esquire, is appointed auditor with respect to this matter with the responsibilities and duties normally associated with an auditor ln such matters. By the Court, (~~anne E. Book, Esquire One South Market Street P.O. Box 1146 \ Harrisburg, PA 17018 \ f' .W~lliam.A. Duncan, Esquire \'0 fiDe Irvlne Row ",' Carlisle, PA 17013 /" I Auditor .~. ,LI. ' a. \1)\ \:;) <;> \ (,...II (~J __' fD I r-'-:'.' '. I q .,..{ ;.\) -../ q I . .~ o f / I f....... , (::_ i \ f/7 <:r. [./) -< .J Marilyn Gerber, Pro Se 717 Market Street, #317 Lemoyne, PA 17043 Lindsay Dcre Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 Richard Rupp, Esquire 355 N. 21st Street Camp Hill, PA 17011 Jacqueline Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 '\,. ",..:mae Exhibit " A" ...., Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman (717) 249-7780 FAX (717) 249-7800 dhdlaw@planetcable.net August 2, 2005 Marilyn J. Gerber 717 Market Street, # 317 Lemoyne, PA 17043 Joanne E. Book, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor Harrisburg, PA 17108 RE: Auditorship No. 21-2002-0540 Auditorship No. 21-2001-0092 Dear Attorney Book and Ms. Gerber: It appears that the Objector, Marilyn Gerber, is quite busy with matters pertaining to her Hearings in September contesting the filing of Colonel Frederick Gerber. The matter at hand in the Auditorship for the latest PNC filings is very similar to the first set of PNC filings, which were approved earlier this year. Marilyn Gerber has an Appeal pending with Superior Court, but until Superior Court would find in her favor and Order some further action, we are proceeding with the Second and Final filings by PNC. Weare not compelled to have a Status Conference, nor is one deemed to be necessary as the most recent PNC filings do not involve the volume of transactions as did the first set of filings. Therefore, in lieu of a Status Conference, I am setting the following schedule. 1. The Hearing will be held in early October somewhere between the 3rd and 13th. We hope you can coordinate a date and provide it to me this week. If not, I will schedule a date myself. 2. The Hearing will be limited to one (1) day with Marilyn Gerber providing her case first. Exhibit "8" Marilyn J. Gerber Joanne E. Book, Esquire August 2, 2005 Page 2 3. A list of witnesses and Pre-Trial Brief will be due to my office ten (10) days prior totheH~~n .~ l/f \ Joanne will coordinate the stenographic services. 4. 5. Within thirty (30) days of receipt of the stenographic record, parties will provide the proposed finding as to Law and Fact in the same format as the prior cases. 6. My appointment is due to expire September 21,2005. I will Petition the Court for an extension through January 31, 2006, although I believe I can file a report prior to that date. Thank you for your anticipated cooperation in accordance with this letter. Yours truly, DUNCAN & HARTMAN, P.C. \;lA0tQJlu}/vc~ William A. Duncan, Esquire Auditor W AD/skg cc: Richard Rupp, Esquire Jacqueline Verney, Esquire Lindsay Dare Baird, Esquire C:\AUDlTS\GERBER\PNC 2\8-2-2005 Memo .. ~' "" iJ"4 .]RECEIVED AUG 05 Z005 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION STATEMENT OF ADDITIONAL RECEIPTS AND DISBURSEMENTS OF PNC BANK, NATIONAL ASSOCIATION, GUARDIAN FOR THE ESTATE OF MILDRED J. GERBER, : AN INCAPACITATED PERSON PER DEGREE DATED 03/22/01 AND NOW, this day of 21-2001-0092 ORDER , 2005, upon consideration of the attached Petition for Continuance of Auditor, it is hereby ORDERED that the time for William A. Duncan, Esquire, Auditor in the above-captioned action, to file a repert for said action is continued until January 31, 2006. BY THE COURT, JUDGE J. WESLEY OLER, JR. , .:..-.: