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Home My WebLink About11-09-05 IN RE: ESTATE OF MILDRED J. GERBER an incanacitated oerson ~ ~ INRE: MILDRED J. GERBER TRUST UNDER AGREEMENT DATED DECEMBER 19, 1997 INRE: FRED E. GERBER, SR., TRUST UNDER AGREEMENT DATED JULY 29,1994 IN RE: ESTATE OF FRED E. GERBER, SR. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHP.NS' COURT DIVISION : No. 21-01-92 : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : No. 21-2002-0540 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : No. 21-1998-0195 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : ORPHANS' COURT DIVISION : No. 21-1998-0195 RULE TO SHOW CAUSE AND NOW, this 8th day November 2005, upon presentation of Marilyn J. Gerber's document entitled "Emergency Petition to Enforce and Stay the Personal Property of Marilyn Gerber and Property From the Mildred J. Gerber Estate, Petition To Enforce the Gerber Family Settlement Agreement, Dated September 9,2005 and To Stay the Disposition of All the Tangible Property of Mildred J. Gerber and Fred E. Gerber, Sr. Until the Personal Property of Marilyn J. Gerber and the Agreed Property From the Stated Estates is Verified by Petitioner with a Third Party Witness, Petition That All the Remaining and Stated Unwanted Tangible Property of the Mildred J. Gerber Estate be Awarded to Marilyn J. Gerber as Damages for Violation of the Gerber Family Agreement," filed on November 1, 2005, a Rule is issued upon all other interested parties to show cause why the relief requested in the Petition should not be granted. RULE RETURNABLE within thirty days of service. BY THE COURT, 1~ Wesley William A. Duncan, Esq. 1 Irvine Row Carlisle, P A 17013 Former Auditor Marilyn J. Gerber 717 Market Street, #317 Lemoyne, P A 17043 Petitioner, pro Se Richard C. Rupp, Esq. 355 North 21 st Street, Suite 205 Camp Hill, PA 17011 Attorney for Frederick E. Gerber, II Joanne E. Book, Esq. Heather Z. Kelly, Esq. Rhoads & Sinon 1 South Market Square P.O. Box 1146 Harrisburg, P A 17108 Attorney for PNC Bank, N.A. Jane N. Heflin 270 North Garfield Street Lombard, Illinois 60148 Jacqueline M. Verney, Esq. 44 South Hanover St. Carlisle, P A 17013 Sascha Gerber c/o Frederick E. Gerber, II 4247 Kearney Lane Fairfax, Virginia Mischa Gerber c/o Frederick E. Gerber, II 4247 Kearney Lane Fairfax, Virginia Amanda Heflin 270 North Garfield Street Lombard, Illinois 60148 Sean Heflin 270 North Garfield Street Lombard, Illinois 60148 Stanley Laskowski, Esquire 3631 North Front Street Harrisburg, P A 17110 ORDER OF THE COURT And NOW, this Court orders that Frederick E. Gerber,l! , Executor of the MILDRED J. Gerber Estate and the Fred E. Gerber,Sr. Estate IMMEDIATELY comply with the following terms on this day of ,2005 1. Present a third party witness or himself or Jane as witness to conduct a complete and thorough audit of each item of personal property and the property from the Mildred J. Gerber Estate on a date agreed and stipulated by Marilyn Gerber for her convenience to a CLlMATIZED STORAGE FACILITY which would involved Fred and Jane to pack and transport all of the personal property and property from the Mildred J. Gerber Estate from the Iron Forge Storage facility, unit C28 to the CLlMATIZED LOCATION of her choice. Frederick E. Gerber,11 shall also pay for the storage of this property for three months and Marilyn Gerber shall incur NO EXPENSES for the property that is currently located at Iron Forge Storage or the storage of the unwanted property. 2. Upon the transportation of the above stated property, the Executor shall provide a third party or himself or Jane to be present for a complete audit and inventory including the photography of each and every item that was agreed upon at the Gerber Family Settlement on September 9,2005. 3. ALL expenses for the transportation, wrapping, unwrapping for identification and rewrapping for storage, all personnel, all telephone, mileage, tolls etc. associated with this transfer and transport shall be paid by Frederick E. Gerber,1I by a FULL DEPOSIT submitted to him in advance of the ordered events dictated above. ALL remaining bills and miscellaneous expenses shall be paid by his attorney, Richard Rupp,Esquire upon submission of proper receipts by Marilyn Gerber. 4. ALL attorney fees incurred by Marilyn Gerber for the legal services of Stan Laskowski for the negotiation of the Gerber Family Settlement agreement shall be refunded to her and paid by the Executor with a cashier check from Richard Rupp effective IMMEDIATELY. 5. One third of the attorney fees charged to the Gerber Family Settlement Agreement and the negotiations for this Agreement from the attorneys knows as Jacqueline Verney, Lindsay Baird, Richard Rupp, Joanne Book, PNC Bank, William Duncan and any other entity or indMdual such as paralegals and assistants, Court fees shall be totaled and one third of the total fees shall be paid to Marilyn Gerber as these moneys were charged from the Gerber Estate and Trust accounts in GOOD FAITH and this agreement has been BREACHED. 6. All the UNWANTED property from the Gerber Family Estates offered to Marilyn Gerber on October 29,2005 shall be awarded to Marilyn Gerber FREE OF CHARGE as damages and an easy method to resolve any long and future legal actions for the BREECH of the Gerber Family Settlement. 7. Any and all other damages that this Court deems equitable and just due to the Executor, Frederick E. Gerber,1I BREACHING the Gerber Family Settlement Agreement. 8. Any legal fees required by the Petitioner to effectuate the finalization of this Agreement and the Breach of the Settlement agreement shall be paid in full by the Executor 9. In the event that this Court cannot grant an emergency petition, the Petitioner requests a hearing before the Judge with ALL COUNSEL present. J. Date: SENDER: COMPLETE THIS SECTION # . Complete items 1, 2, and 3. Also complete , .. item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: Marilyn J. Gerber 717 Market St #3] 7 Lemoyne, P A ] 7043 COMPLETE THIS SECTION ON DELIVERY ~nt o Addressee 3. Se~ce Type IJ'Certffled Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 820 0002 4615 3680 102595-<l2-M-1540 . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print ~hame and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Jane N. Heflin 270 North Garfield Street Lombard, Il60l48 2. Article Number (rransfer from service iabeO PS Form 3811, February 2004 3. Service Type [!( Certified Mail 0 Express Mail o Registered 0 Return ReceIpt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7005 1820 0002 4615 3710 Domestic Return Receipt 102595-D2-M-1540 . Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. . PrInt your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: Stanley Laskowski, Esq. 3631 N. Front St Harrisburg, PAl 711 0 2. ArtIcle Number (7l'ansfer from service label) PS Form 3811, February 2004 3. Seplfce Type t!1 Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted DeliVery? (Extra Fee) 0 Yes 7005 1820 0002 4615 3758 Domestic Return Receipt 102595-D2-M-1540 " CJ r-'I ?"- m U'J r-'I .JJ .::r ~.S. Postal ServiceTM CERTI~IED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage P Postage $ ru CJ CJ CJ Return Receipt Fee (Endorsement Required) CJ Restricted Delivery Fee ru (Endorsement Required) CO r-'I Tolal Post Certified Fee Pes H LJ') CJ ent 0 CJ I"- ~inieO"iiC or PO Box I CitY.-Siai8~ Jane N. Heflin 270 North Garfield Stre q Lombard, I160148. l ~ - I q5 0 1- '1~ OrJ.- :.. - I' CO U'J ?"- m U'J r-'I ..0 .::T ~ U.S. Postal ServiceTM G,ERTIFIED MAILM RECEIPT (Domestic Mail Only; No Insurance Coverage Postage $ ru CJ Certified Fee CJ CJ Return Receipt Fee (Endorsement Required) CJ Restricted Delivery Fee ru (Endorsement Required) CO r-'I Total Pow U'J CJ ent 0 CJ I"- -siiriei,A;ji1 or PO BOXN ci,y;-siai8:~ Pc Stanley Laskowski, E~ 3631 N. Front St Harrisburg, PAl 711 ( qS-\QS 01 CJ CB.-o' :.. ... ~_.--.._- .-.-- -- ---~-- M 3" ?"- m U1 M ...D 3" ~.u.S. Postal ServiceTM GERTIFIED MAILM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage $ ru CJ Certified Fee CJ CJ Return Receipt Fee (Endorsement Required) CJ Restricted Delivery Fee ru (Endorsement Required) <0 M Total Posta! Postmark Here U1 CJ ent To CJ I"- Siree;'-Apf N or PO Box No citY. -SiBle; zi Sean Heflin 270 North Garfield Street Lombard, II 60148 :..