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HomeMy WebLinkAbout12-14-04 (2) IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF MILDRED J. GERBER : CUMBERLAND COUNTY, PENNSYLVANIA an incapacitated person : ORPHANS' COURT DIVISION : NO. 21-01-92 cou.,, r~ PETITION TO CAUSE ADVANCE DISTRIBUTION OF TANGIBLE PERSONAL PROPERTY FROM GUARDIAN OF THE ESTATE TO EXECUTOR OF THE ESTATE AND NOW comes Petitioner, Frederick E. Gerber, II, who is the Executor of the Estate of Mildred J. Gerber, by and through his attorneys, Rupp and Meikle and Richard C. Rupp and Herbert G. Rupp, Jr., and files this Petition for Advance Distribution of Tangible Personal Property from the Guardian of the Estate, PNC Bank, to the Petitioner as the Executor of the Estate of Mildred J. Gerber, as follows: 1. Petitioner Frederick E. Gerber, II, is an adult individual who had been appointed and who had served as the Guardian of the Person of his mother, Mildred J. Gerber, from his appointment in the year 2001 until his mother's death on January 14, 2003. 2. On March 22, 2001, this Honorable Court by Order of the Honorable Judge Bayley, adjudicated Mildred J. Gerber (Mrs. Gerber) to be an incapacitated person and appointed PNC Bank, N.A., as sole Guardian of her Estate. 3. Mrs. Gerber, now deceased, has three children, Marilyn J. Gerber, Frederick E. Gerber, II, and Jane N. Heflin. 4. In December 2001, Mrs. Gerber left her home at 623 Hilltop Drive, New Cumberland, Cumberland County, PA, and began staying with her daughter, Jane N. Heflin, in Illinois. Mrs. Gerber subsequently was entered into a nursing facility in Illinois prior to her decease on January 14, 2003. 5. Mrs. Gerber left her Last Will and Testament dated August 2, 1999. A copy of Mrs. Gerber's Last Will and Testament, marked exhibit "A", is attached hereto and incorporated herein by reference. 6. On February 6, 2003, Mrs. Gerber's Last Will was admitted to probate by the Register of Wills of Cumberland County, PA, and her son, Frederick E. Gerber, II (the Executor and your Petitioner herein) was awarded Letters Testamentary pursuant to Item V of her Last Will. 7. In her Will, Mrs. Gerber specifically bequeathed her tangible personal property (the tangible personal property) to her son and Executor, Frederick E. Gerber, II, (in Item II of her Last Will). Her Will stated an expectation that he would honor any written instructions with regard to the property and any property not distributed to him would be sold and the proceeds passed to her residuary estate. However, no written 2 instructions were provided by her. 8. The tangible personal property is comprised of miscellaneous jewelry and other tangible personal property and is valued at Fifteen Thousand Nine Hundred and Seventy Dollars ($15,970.00) according to a prior Petition with appraisals filed in this matter by the Guardian of the Estate, PNC Bank, N.A. A copy of PNC Bank's Petition is attached, marked Exhibit "B", and incorporated herein by reference. 9. The miscellaneous jewelry is valued at Nine Thousand One Hundred Twenty-Nine Dollars ($9,129.00). Copies of the appraisals of the miscellaneous jewelry were attached to a prior Petition filed in this matter by the Guardian of the Estate, PNC Bank, N.A. 10. The other tangible personal property, excluding the value of Mrs. Gerber's automobile, is valued at Six Thousand Eight Hundred Forty- One Dollars ($6,841.00). A copy of the appraisal of the other tangible personal properly, marked Exhibit "C", to PNC Bank's Petition, which is incorporated herein by reference. 11. Mrs. Gerber's automobile, another form of tangible personal property, was sold by the Guardian of the Estate to Mrs. Gerber's daughter, Jane N. Heflin, to transport Mrs. Gerber while Mrs. Gerber was staying in Illinois. Thus, the automobile is no longer in the possession of the Guardian of the Estate, PNC Bank and is not a part of this Petition to Advance the Tangible Personal Property. 12. To the best knowledge of the Petitioner, PNC Bank as Guardian of Mrs. Gerber's Estate, has custody of all of the remaining tangible personal 3 property belonging to Mrs. Gerber at her death. 13. According to PNC Bank's Petition, during an Inventory taken by PNC Bank in August 2002, various items of the tangible personal property were found to be removed from Mrs. Gerber's residence. Memo from PNC Bank dated August 7, 2002 describing the removed items was attached to PNC Bank's Petition, marked Exhibit "D", and said memo is attached to and herein incorporated by reference. 14. According the PNC Bank memo, above-referenced, some items of tangible personal property listed on the memo were discarded or given to Goodwill Industries by Mrs. Gerber and/or Frederick E. Gerber, II, her guardian of the person, while Mrs. Gerber was alive and before she left her home in New Cumberland to stay in Illinois. The items that were removed by Mrs. Gerber and/or her son, Frederick E. Gerber, II, were regarded by both of them as beyond repair and without value. 15. Other items of the tangible personal property listed on the memo were removed to Illinois during Mrs. Gerber's travels to Illinois in December 2001, by Frederick E. Gerber, the Guardian of the Person of Mrs. Gerber. The purpose of these items was for Mrs. Gerber's personal use while she was staying in Illinois. 16. The majority of the tangible personal property of Mrs. Gerber remains in PNC Bank's possession in storage. 17. PNC Bank stored said tangible personal property in preparing Mrs. Gerber's residence for sale following her leaving her residence. 4 18. Mrs. Gerber's daughter, Marilyn J. Gerber, has claimed that some of the tangible personal property which is in storage in the possession of PNC Bank belongs to Marilyn J. Gerber, but according to PNC Bank, in PNC's verified Petition, in Paragraph 17, incorporated herein by reference. Marilyn J. Gerber has not established her ownership of any items. 19. PNC Bank as Guardian of the Estate and Trustee of Mildred J. Gerber's Trust filed a First and Final Account as Guardian on October 24, 2003. Said tangible personal property remains in storage and is controlled by PNC Bank pending the confirmation of PNC Bank's First and Final Account of PNC Bank as Guardian of the Estate of Mildred J. Gerber. 20. PNC Bank had sought the advance distribution of the tangible personal property to the Executor of Mrs. Gerber's Estate pending the confirmation of the Guardianship Account so that the Executor could proceed with the administration of the Estate to avoid expensive storage costs. 21. PNC's Bank's prior Petition and your Petitioner's current Petition for the advance distribution of the said tangible personal property by PNC Bank avoids delay in distributing the tangible personal property to the Estate and ultimately to the appropriate beneficiaries while the Guardianship Account of PNC Bank as Guardian of the Estate is pending confirmation. Advance distribution confirmed would thus relieve the guardianship of the Estate and ultimately the Estate of Mildred J. Gerber of the ongoing expensive monthly storage costs for the said tangible personal property. 5 22. It is understood from PNC Bank that the storage costs for said tangible personal property by PNC Bank is Three Hundred Dollars ($300.00) per month. 23. Marilyn J. Gerber has not made any specific claim nor formal claim for any tangible personal property which is in storage, to PNC Bank as Guardian of the Estate nor to Frederick E. Gerber as the Executor of the Estate since PNC Bank was appointed Guardian of the Estate on March 22, 2001 and since Mrs. Gerber died on January 14, 2003. 24. Your Petitioner brings to this Honorable Court's attention that the costs so far for storage of said tangible personal property by PNC Bank has exceeded $7,000, almost half the estimated value of said tangible personal property as appraised by the Guardian of the Estate, excluding the automobile. 25. Marilyn J. Gerber opposed PNC Bank's previous Petition to advance the distribution of the tangible personal property to the Executor of Mildred J. Gerber, apparently on the theory that some of said tangible personal property might be hers. However, Marilyn J. Gerber in attempting to hold up the advance distribution of the said tangible personal property, has never made a formal or specific claim to any specific item of tangible personal property. She only made a general objection to the advance distribution which has caused unnecessary legal fees to be incurred, both by the Guardian of the Estate and by the Executor of Mildred J. Gerber's Estate. Further, said blocking of the advance distribution of said tangible property is unnecessary, when PNC Bank's Account, shows over One Hundred Thousand Dollars in its Account, and proceeds from the sale of the Mildred J. Gerber 6 residence at 623 Hilltop Drive, New Cumberland, PA, exceed $100,000. However, the storage fees of the said tangible personal property, have now almost equal half the appraised value of said tangible personal properly. Opposition of Marilyn Gerber without specific claims being filed timely and properly with either the Guardian of the Estate or the Executor constitutes a vexatious and frivolous conduct by Marilyn J. Gerber. 26. Further, any Marilyn J. Gerber objection serves only to cause interruption and delay and/or additional legal fees in the Estate. This is consistent with Marilyn J. Gerber's pattern of objections. For example, when PNC Bank attempted to sell Mrs. Gerber's residence at 623 Hilltop Drive, New Cumberland, PA, to cz couple known as the Loshes, Marilyn J. Gerber objected on grounds that she had an "interest in the property" which was granted by her father or that she had made an offer that was not properly considered by the Guardian of the Estate, PNC Bank. The Court ruled that since Marilyn J. Gerber had not filed a formal or proper claim as to how her interest arose in the real estate, that PNC Bank was entitled to sell the real estate to the Loshes. Marilyn Gerber's primary objection was that she had an interest in the Hilltop Drive properly because her father had so stated, despite the Pennsylvania Common Law of real estate that properly owned by tenancy by the entireties passes to the survivor upon the death of one tenant. Mrs. Gerber was the surviving tenant. Further Marilyn J. Gerber did not file any formal or proper claim to allege such interest. She merely objected to the Court. On appeal to the Superior Court by Marilyn Gerber, the Superior Court dismissed her objections as moot. 7 RESPECTFULLY SUBMITTED, RUPP AND MEIKLE By: ~ Atty. I.D. No. 34832 355 N. 21st St., Ste. 205 Camp Hill, PA 17011 717-761-3459 Attorneys for Frederick E. Gerber, II, Executor of the C~,~ ~/._.~_.~ ~ Estate of Mildred J. Gerber Date: ~' 9 VERIFICATION I, Richard C. Rupp, Esq. am making this verification as the Petitioner is out of the Court's Jurisdiction and is unavailable in time to file this pleading and verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. Said statements are based on my own knowledge, belief or information or information provided me. I understand that false statements herein are made subject to penalties of 18 Pa. C.S.A. * 4904 relating to unsworn falsification to authorities. Date: /,~-//e / ~ Richard C. Ru~ LAST WILL AND TESTAMENT OF MILDRED J. GERBER I, MILDRED J. GERBER, of 623 Hilltop Drive, New Cumberland, Pennsylvania, 17070, being of sound and disposing mind and memory, do hereby make, publish and declare this for and as my Last Will and Testament hereby revoking any and all Wills or Codicils by me at any time heretofore made. ITEM I - I am the widow of FRED E. GERBER. I have three children, COLONEL FRED E. GERBER II, MARILYN $O GERBER AND JANE N. HEFLIN. ITEM II- I give my tangible personal property and all insurances thereon to my son COLONEL FRED E. GERBER II. I have complete confidence that he will honor any written instructions that I may leave with regard to said tangible personal property. Any such property not distributed to my son COLONEL FRED E. GERBER II is to be sold and the proceeds added to my residuary estate and pass as hereafter described. RUPP & MEIKLE 355 North 21" Street, Suite 205 Camp Hill, PA 17011 717-761-3459 ITEM IIi - I make the following specific gifts: (a) To my brother Paul - $100.00. Co) To my brother Tom - $300.00. (c) To the daughter and son of my daughter Jane N. Heflin (my grandchildren) - $500.00 each. (d) To the sons of my son Fred E. Gerber Il (my grandchildren) - $500.00 each. (e) To Saint Theresa's R. C. Church, New Cmnberland, Pennsylvania - $2,000.00. (0 To Saint Mark's R. C. Church, Catonsville, Maryland - $1,000.00. (g) To the Order of the Holy Cross, South Bend, Indiana - $2,000.00. (la) To the Order of Saint Joseph's, Wheeling, West Virginia - $1,500.00. ITEM IV - All the rest, residue and remainder of my Estate, real, personal and mixed I give to the Trustee of the Trust created under a Revised and Restated Trust Agreement dated b~c)~)'3~ ~ ,1999 by and between me, MildredJ. Gerber, as Grantor and Fred E. Gerber II as Trustee, to be held, administered, and distributed pursuant to the provisions of that Trust Agreement. Initials ~__~ Page~ of 5 ITEM V - I name as my Executor, my son, FRED E. GERBER II. In the event my son predeceases me, I name as my Executor, PAUL FLANAGAN, of Stannton, Virginia. (1) I give to my Executor named in this Will or any Codicil hereto or to any substitute Executor the power to sell real estate and all of the powers now applicable by law to fiduciaries in ~he Commonwealth of Pennsylvania and in particular of the Pennsylvania Probate Estates and Fiduciaries Code as effective and in effect on the date hereof, during the administration and until the completion of the distribution of my Estate. (2) In determining the Federal Estate and income tax liabilities of my Estate, my Executor shall have discretion to select the valuation date and to determine whether any or all of the allowable administration expenses in my estate shall be used as Federal Estate Tax deductions or as Federal Income Tax deductions. (3) If there be any property located outside the Commonwealth of Pennsylvania, in which I may have an interest at the time of my death, Initials ~ Page tt/of 5 which cannot be conveniently administered as provided herein, then I authorize, but do not require, my Executor to appoint a Bank or Trust Company with trust powers, to admim'ster such property according to the terms of this Will. ITEM VI - My Executor is authorized and empowered to retain for such period of time as my Executor may determine any assets which come into the possession of my Executor whether such assets are or are not of the character approved or authorized by law for investment by fiduciaries and whether such assets do or do not represent an overconeentration in one investment. ITEM VH - No interest of any beneficiary under this Will, or any Codicil hereto, shall be subject to anticipation or to voluntary or involuntary alienation. ITEM VIH - All estate, inheritance, succession and other death taxes imposed or payable by reason of my death and interest and penalties thereon with respect to all property comprising my gross estate for death tax purposes, whether or not such property passes under this Will, shall be paid out of the residue of my estate, after collecting Initials ~ Page 4/of 5 from my Trustee(s) of my Revocable Trust, the share of such taxes applicable to the assets of my Revocable Trust, as if such taxes were expenses of administration. I authorize my Executor to pay all such taxes at such time or times as deemed advisable. IN WITNESS WHEREOF, I have hereunto set my hand and seal this ~ day of ~DP~D I. GI~I~R ' WITNESSES: · 0~,~.~,~ residing at: ~ ~, f/~ residing at: Page 5 of 5 COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF C~-,~ ~t;~t lt',,}C~ : WE, MILDRED J. GERBER, ~C' Testatrix and the witnesses, respectively, whose names are signed to the attached or foregoing will, being first duly sworn, do hereby declare to the undersigned authority that the Testatrix signed and executed the instrument as her Last Will ~nd Testament and that she had signed willingly (or willingly directed another to sign for her), and that she executed it as her free and voluntary act for the purposes therein expressed, and that each of the witnesses, in the presence and hearing of the Testatrix, signed the Will as witness and to the best of his or her knowledge the Testatrix was at the time eighteen (18) year of age or older, of sound mind, and under no RED $. GI~ER, Testatrix Witness Witness Subscribed, sworn to, and acknowledged before me by MILDRED $. GERBER, the Testatrix, and subscribed and sworn to before me by .~c~× ~ ~ ~. cz~c~c'~(:_ , andj~-i~ r ~c_~ ¢~-~ wimesses, this ,~ day of ('~ i ~ r,( ,: t:_ , 1999. Notary Public (SEAL) NOTARIAL SEAL BARBARA J. KOCHER, Notary Publio Camp Hi!l Bore, Cumbedand County My Commission Expires Oct. 22, 2001 Joanne Book Christine, Esquire Attorney ID No. 82028 David K. Krut~, Esquire Attorney ID No. 91010 Rhoads & Sinon LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-573 I Attorneys for Petitioner IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS MILDRED J. GERBER, : CUMBERLAND COUNTY, PENNSYLVANIA an Incapacitated Person : ORPHANS' COURT DIVISION : No. 21-01-92 PETITION FOR APPROVAL OF ADVANCE DISTRIBUTION OF TANGIBLE PERSONAL PROPERTY NOW COMES Petitioner, PNC Bank, N.A., Guardian of the Estate of Mildred J. Gerber, an incapacitated person, by and through its attorneys, Rhoads & Sinon LLP, and files the within Petition for Approval of Advance Distribution of Tangible Personal Property, as follows: 1. Petitioner, PNC Bank, N.A. is a national banking association with an office at 4242 Carlisle Pike, Camp Hill, Pennsylvania 17011. 2. On March 22, 2001, this Court adjudicated Mildred J. Gerber ("Mrs. Gerber") to be an incapacitated person and appointed PNC Bank, N.A. as sole Guardian of her Estate. 3. Mrs. Gerber has three children, Marilyn J. Gerber, Frederick E. Gerber, II and Jane N. Heflin. 4. In December of 2001, Mrs. Gerber left her home at 623 Hilltop Drive, New Cumberland, Cumberland County, Pennsylvania and began staying with her daughter, Jane N. Herin, in Illinois. She subsequently stayed in several nursing facilities in Illinois prior to her death. 5. Mrs. Gerber died on January 14, 2003, leaving a Will dated August 2, 1999. 6. On February 6, 2003, Mrs. Gerber's Will was admitted to probate by the Register of Wills for Cumberland County and her son, Frederick E. Gerber, II (the "Executor"), was awarded Letters Testamentary pursuant to ITEM V of her Will. 7. Mrs. Gerber specifically bequeathed her tangible personal property (the "Tangible Personal Property") to her son and Executor, Frederick E. Gerber, II in ITEM II of her Will, with the stated expectation that he would honor any written instructions with regard to the property, and that any property not distributed to him would be sold and the proceeds pass to her residuary estate. 8. The Tangible Personal Property is comprised of miscellaneous jewelry and other tangible personal property and is valued at Fifteen Thousand Nine Hundred and Seventy Dollars ($15,970.00). 9. The miscellaneous jewelry is valued at Nine Thousand One Hundred and Twenty Nine Dollars ($9,129.00). Copies of two appraisals of the miscellaneous jewelry are attached as Exhibits "A" and "B". 10. The other tangible personal property, excluding the value of Mrs. Gerber's automobile, is valued at Six Thousand Eight Hundred and Forty One Dollars ($6,841.00). A copy of the appraisal of the other tangible personal property is attached as Exhibit "C". Mrs. -2- Gerber's automobile was sold to Mrs. Gerber's daughter, Jane N. Herin, as a means of transporting Mrs. Gerber while she was staying in Illinois and thus the automobile is no longer owned by the Guardian Estate. 11. As Guardian of Mrs. Gerber's Guardianship Estate, Petitioner has custody of most of the Tangible Personal Property. 12. During an inventory taken by Petitioner in August 2002, various items of the Tangible Personal Property were found to be removed from Mrs. Gerber's residence. A memo from PNC Bank, N.A. dated August 7, 2002 describing the removed items is attached hereto as Exhibit "D". 13. Some items of Tangible Personal Property listed on the memo were discarded or given to Good Will Industries by Mrs. Gerber and/or Frederick D. Gerber, II before Mrs. Gerber left for her stay in Illinois. These items were considered by Mrs. Gerber and/ox' Frederick D. Gerber, II as beyond repair and without value. 14. Other items of the Tangible Personal Property listed on the memo were removed to Illinois during December 2001 by Frederick E. Gerber, II for Mrs. Gerber's personal use while she was staying in Illinois. These items, which were with Mrs. Gerber when she passed away, were retained by Frederick D. Gerber, II in his capacity as Executor of the Estate of Mrs. Gerber. 15. The total value of items of Tangible Personal Property listed on the memo that were either discarded, given to Good Will Industries or removed to Illinois was Three Hundred -3- Dollars ($300.00). The majority of the Tangible Personal Property of the Guardianship Estate remains in Petitioner's custody. 16. The Tangible Personal Property in Petitioner's custody was removed from Mrs. Gerber's residence and placed in storage in preparation for the sale of that residence. 17. Mrs. Gerber's daughter, Marilyn J. Gerber, has claimed that some of the property in storage belongs to her, but has not clearly established her ownership of any items. 18. Petitioner filed a First and Final Account of the Petitioner as Guardian on October 24, 2003. 19. The Tangible Personal Property is still in storage pending the confirmation of the First and Final Account of the Petitioner. 20. Petitioner is hereby seeking the advance distribution of the Tangible Personal Property to the Executor of Mrs. Gerber's Estate pending the confirmation of the Guardianship Account, so that the Executor may proceed with the administration of the Estate. 21. The advance distribution of the Tangible Personal Property will avoid the delay of waiting to distribute the Tangible Personal Property until the Guardianship Account is confirmed, and will relieve the Guardianship Estate of the expenses of storing the Tangible Personal Property. 22. Should Marilyn J. Gerber wish to make a claim for any of the Tangible Personal Property, the transfer of the Tangible Personal Property to the Executor does not impede her -4- from doing so as she may proceed with any such claim against the Executor after the advance distribution is made. 23. If the Executor determines that any item should be sold, rather than distributed in accordance with the Will, Petitioner requests that the net proceeds of such sale(s) be held in escrow until the confirmation of the Guardianship Account, at which time the proceeds, less the costs of the sale, may be released to the Executor for further administration in the Estate. WHEREFORE, Petitioner, PNC Bank, N.A., respectfully requests that this Court issue an Order approving the advance distribution of the Tangible Personal Property of Mrs. Gerber, from PNC Bank, N.A., as Guardian, to the Executor of the Estate of Mildred J. Gerber, and further ordering the Executor to hold any proceeds of the sale of said Tangible Personal Property in escrow pending the confirmation of the First and Final Account of PNC Bank, N.A., as Guardian of the Estate of Mildred J. Gerber. RHOADS & SINON LLP ,/iJoanne Book Christine lID No. 82028 ./David K. Kruft ID No. 91010 Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Petitioner -5- VERIFICATION David A. Brown, the Vice President of PNC Bank, N.A., deposes and says, subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, that he is authorized to make this verification on behalf of PNC Bank, N.A. and that the facts set forth in the foregoing "Petition for Approval of Advance Distribution of Tangible Personal Property" are true and correct to the best of his knowledge, information and belief. PNC BANK, N.A. David A. Brown Vice President CLALr'.`:E C. WOLFE & 'AS'g0Ci".',¥ES A-UCI'IONI£I£1'iS & API'RAISI~I~.S FAMIL}' OWNED SINCE 1917 2009 LINCOLN STREET' CAMP HILL, PA 17011 717-761-2763 July 25, 2001 Appraisal for Mildred Gerber 623 Hilltop Road, New Cumberland, PA 17070 MISC. LADY'S JEWELRY & ASSORTED ITEMS 1 - 14K white gold .55ct center stone w/2 small side stones diamond ring 650.00 2 - 14K white gold wedding band -. 10ct total diamond weight 80.00 3 - Rice from 1948 1.00 4 - Costume double strand pearl necklace - sterling clasp - broken 1.00 5 - Large Smoky quartz, emerald cut (585 -14K) pendant 85.00 6 - Costume pearl & rhinestone brooch - 935 silver 25.00 7 - Filigree dagger & sheath pin (early clasp & hinge) 25.00 8 - Handmade frog brooch, from the Orient. Back is 14K, top is 18K gold 350.00 9 - 18K gold filigree butterfly brooch 90.00 10 - Rhinestone feather brooch - metal discolored and stones missing 1.00 11 - 14K gold pendant/pin containing a good 10mm pearl on a gold chain 350.00 12 - 14K gold diamond pendant on a gold plated chain..50ct. European cut center & (1 I) .88ct total weight side diamonds. Slightly tinted 475.00 13 - Italian 18K (750) figaro gold link bracelet 75.00 14 - Part of a broken rhinestone bracelet 1.00 15 - 18K gold link bracelet with gemstones of amethyst, tourmaline, citrine, aquamarine & garnet. Pink gold with green gold overlay on some sections. 750.00 16 - Costume faux pearl necklace - double strand, rhinestone clasp 10.00 17 - Loose faux pearls (7) 1.00 18 - Italian 14K gold necklace (smashed section) 15.00 19 - 14K gold diamond Concord Watch Co. (334F) Swiss wrist watch 125.00 20 - Note from Emiko Karo 1.00 21 - Bell shaped plastic jewelry ease 1.00 22 - Antique faux pearl hair pin 15.00 23 - 18K gold Helvetia - Swiss wrist watch - face damaged 45.00 24 - Silver (835) and marcasite dress clip 35.00 25 -Costume faux pearl earrings (one screw-on replaced) 2.00 CLAUE C. WOLEE A,I. ICTION EI~R 5; & I:AMILI' OWNI;'D SINCE 1~12 2009 LINCOLN STREET · CAMP HILL, PA 17011 717-761-2763 Gerber appraisal Page 2 of 3 MISCELLANEOUS LADY'S JEWELRY AND ASSORTED ITEMS- Continued 26 - Sterling silver (935) and rhinestone brooch 30.00 27 - Stealing silver (935) and rhinestone duette clips 40.00 28 - Rhinestone earrings (one broken) 1.00 29 - 2 Cloisonn~ bird motif charms 20.00 30 -Platinum (900 - IRID) diamond dinner ring..75ct total weight. lower color in diamonds 750.00 31 ' 10K gold large black onyx ring with clear stone. Band is cut 65.00 32 - Palladium diamond cluster ring. 1.2ct total weight 550.00 33 - Asian 14K gold pearl cluster ring - nice luster 200.00 34 - Asian 14K gold pearl ring with 3 pearls 90.00 35 - 18K diamond solitaire 1.6ct. ting. Slight yellow color 3,600.00 36 - Silver (830) cuff ring with blue glass stones 25.00 37 - Silver (830) cuffring with red glass stones (some missing) 2.00 38 -Early 1900's shell cameo brooch 65.00 39 -Late 1800's shell cameo brooch ' 65.00 40 - 10K gold filigree brooch with blue stone 20.00 41 - Dish towel scrap 1.00 42 - Costume graduated faux pearl necklace with sterling silver clasp 5.00 43 - Double strand of faux pearls with pearl & silver clasp 10.00 44 - Japanese hand knotted blister pearl necklace with silver clasp 250.00 45 - Tdfari faux pearl graduated necklace with rhinestone clasp 10.00 46 - Faux pearl graduated necklace (yellowed) with 14K white gold clasp 8.00 47 -2 Grey jewelry boxes 1.00 48 - Blue jewelry box 5.00 49 - Green ring box 1.00 50 - Red satin jewelry roll 5.00 C.LAI. Z':E C. WOLFE & ASSOC¥1/[ES ~UC'FIONEI:~RS ~: APl'RAISERS FAMILY OWNED SINCE 1912 ~ 2009 LINCOLN STREET · CAMP HILL, PA 17011 (~ 717-761-2763 '~ '/ Gerber appraisal ~' Page 3 of 3 " APPRAISAL TOTAL $ 9,028.00 This Fair Market Value appraisal is tree and correct to the best of my ability as an auctioneer and appraiser with 35 years experiehce. Member: Certified Appraisers Guild of America CLAUDE C. WOLFE & ASSOCIATES W. K. "Dusty" Chapman, CAGA CLAUDE C. WOLFE & ASSOCIATES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1912 2009 LINCOLN STREET' CAMP HILL, PA 17011 717-761-2763 June 12, 2001 Appraisal for Mildred J. Gerber, Guardianship - PNC Bank 623 Hilltop Road, New Cumberland, PA 17070 MISC. JEWELRY & ASSORTED ITEMS (2) Pearls 7+ mm each 70.00 Blue costume pearl necklace 3.00 Rosary beads, gold filled - worn 3.00 Small box containing 6 charms 1.00 Card with pressed flowers for Bethlehem 1.00 Newspaper clipping 1.00 (6) Tie tacks 2.00 Small piece of chain 1.00 Clear pin 1.00 Script pen fi.om quill 1.00 Black jewelry box 1.00 (3) Aluminum charms 1.00 Rhinestone bracelet 8.00 (12) Glass synthetic stones 1.00 Smoky quartz stone 5.00 St. Augustine's School pin 1.00 APPRAISAL TOTAL $ I01.00 This FairMarket Value appraisal is true and correct to the best of my ability as an auctioneer and appraiser with 35 years experience. Member: Certified Appraisers Guild of America CLAUDE C. WOLFE & ASSOC/ATES W. K. "Dusty" Chapman, CAGA · . CLAL C. WOLFE' &' ASSOC?TES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1-912 2009 LINCOLN STREET. CAMP HILL, PA 17011 717-761-2763 April 23, 2001 Appraisal for Mildred J. Gerber, Guardianship - PNC Bauk 623 Hilltop Road, New Cumberland, PA 17070 ENTRY ~-Cabinet 5.00 LIVING ROOM ~'Ball 8: claw footed chair 65.00 · Librar~ table 135.00 · China closet (top section) 70.00 ' Misc. contents of china closet(top section) 100.00 ~, Misc. vases and urns 30.00 ~-Oriental style stands (4-stack) 60.00 '-Old magazine stand 1.00 "Mother-of-pearl plaque 25.00 · Tile table 2.00 ~Gold colored chair 2.00 "Mother-of-pearl shadow box (old clock box) 25.00 '¥apanese doll in glass case 35.00 '- Oriental style blanket chest 65.00 ~'Pair of mahogany end tables 30.00 XPair of Oriental figurines 25.00 x Green colored table lamps 25.00 ",Mandolin 45.00 "Sofa 2.00 -~ Round seated Victorian chairs 55.00 · x Pair of Victorian straight chairs 60.00 CLAI2' !? C. WOLFE &' 'ASSOC?- TES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1,912 2009 LINCOLN STREET · CAMP HILL, PA 17011 717-761-2763 Gerber appraisal Page 2 of 8 LIVING ROOM - continued \Table lamp 35.00 ~.Round mother-of pearl table (broken leg) 15.00 \Martha Washington sewing cabinet 55.00 \OrnateJow seated Oriental chair 55.00 \Oak framed picture 45.00 ~ Misc. contents of living room 100.00 KrrCHEN. ~- Telephone 5.00 x Kitchen Aid refrigerator 125.00 x Decorator plate -I 3" 3 $.00 x 6oDexorator 8" bird motif plates 45.00 XMis~. everyday dishes 20.00 \Utensils 10.00 x Flatware 10.00 '-Cook-ware 10.00 ~-Cabinet - drop leaf 5.00 "-Single drawer cabinet 3.00 "~)ak pressed-back chair 10.00 X. Dinette table and chair 5.00 ¥ Toaster 2.00 "-Clock 1.00 '" Trash can 1.00 ~, Dirt Devil carpet sweeper 1.00 GARAGE Sprinkling can 5.00 ~' Lawn furniture 5.00 '~ Aluminum extension ladder 20.00 Old trunk 7.00 Lawn mower 30,00 / .. ".- CLAU C. WOLFE &'ASSOC 'TES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1912 2009 LINCOLN STREET' CAMP HILL, PA 17011 717-761-2763 Gerber appraisal Page 3 of 8 GARAGE - contin ued Wooden step ladder 5.00 Misc. garden tools 10.00 1994 Oldsmobile "88" Royale 4-door, loaded, 53,000 miles. Good condition 5,000.00 Misc. contents of garage 25.00 DINING, ROOM \ Oak pressed-back chair 10.00 x Dining room table and seven chairs 295.00 ',Mahogany bufret 100.00 xRS Prussia partial tea set 65.00 ~-German partial tea set 40.00 ~-.Linens 35.00 -- Hutch(top section) 40.00 NDeeorator plate -13 ½" 30.00 X-Misc. contents of hutch(top section) 60.00 XPlatter - 18" 8.00 'x Drop leaf tea table 175.00 ~ Pair of candelabras 35.00 "- Sconces 5.00 "-Pedestal stand 25.00 ~' Deep well frame 30.00 x-Partial Rosenthal luncheon & tea set 50.00 '~ Misc. tea set 35.00 'xChina closet top section with glass doors 195.00 ',-Misc. contents of china closet(top section) 150.00 ~Oriental style rug 85.00 ~Misc. contents of dining room 25.00 CLA '- C. WOLFE &' ASSOC',TE5 AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE'Igl2 2009 LINCOLN STREET · CAMP HILL, PA 17011 717-761 -2763 Gerber appraisal Page 4 of 8 FAMILY ROOM \Sewing table 10.00 ~ Inlaid picture 25.00 x Hummel picture plaque 5.00 ~'- Floor lamp 8.00 'x, 2 Old religious pictures 40.00 '"' Green cabinets '~ 65.00 Misc. figurines 100.00 ~ Brass table lamp .' 2.00 '- Green chair 1.00 k Brown chair with ottoman 1.00 ~ Marble top stand - 14.5 x 19.5 275.00 ~ Rush seated Windsor chair \ 40.00 2 Shelf units ',- 20.00 Cast pot 25.00 x',3 Glass fish figurines 12.00 \ 2 Wooden African statues 10.00 X Misc. books 4.00 x~ 2 Toby mugs 5.00 'X-Flowered wing back chair 10.00 "-Oil painting of Mt. Fuji 20.00 '~ Sony portable TV 30.00 ~' Round marble top table 10.00 x. Misc. plants 5.00 X,-Kneehole desk and chair - poor condition 35.00 \Misc. contents of family room 65.00 CLAL ' C. WOLFE &' ASSOC 'TES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE I912 2009 LINCOLN STREET' CAMP HILL, PA 17011 717-761 -2763 Gerber appraisal Page 5 of 8 FRONT BEDROOM 4-Drawer file cabinet? I0.00 ~Oval antique picture 30.00 \ Marble top bed stand 75.00 '~Pair of boudoir lamps 5.00 X'-Alarm clock 1.00 XWash stand 65.00 Hand made quilt ~ 65.00 '/ "Camel back trunk - broken 35.00 \ Kush seated Windsor chair - broken 20.00 White stand 1.00 ~ Bath chair 1.00 Trash can 7. 1.00 ~'Wall mirror 2.00 "Oak chest of drawers 30.00 ~ 5 Drawer stand 5.00 Panasonic radio 2.00 Bassinet ? 2.00 1926 picture - 25''~ 3.00 Modem art picture '~ Small Oriental rugs 100.00 x Misc. contents of'bedroom 20.00 SECOND BATE[ ~ Scales 1.00 ~-Trash can 1.00 -,Stool 1.00 ~, Misc. contents of bath 1.00 ,.. .-. CLAL[ ,,.: C. WOLFE & ASSOC -TES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1912 2009 LINCOLN STREET' CAMP HILL, PA 17011 717-761-2763 Gerber appraisal Page 6 of 8 MASTER BEDROOM ~* Blonde dresser and chest of drawers 125.00 ~-Deep well frame 20.00 xMisc, costume jewelry 5.00 X.Maple dresser top and mirror 85.00 xPair of twin Maple beds - poor condition 20.00 ~Antique 2-drawer stand - poor condition 85.00 x Sony remote telephone 12.00 \ Wall hanging 15.00 ~- 2 Black straight chairs 2.00 ~ 2 Victorian side chairs ,, 50.00 x Trash basket 1.00 XMisc. contents of bedroom 25.00 END BEDROOM \ Metal cabinet 1.00 ~Gold colored chair 1.00 ~" Slant top desk 30.00 ~'Oak box 35.00 Victorian straight chair? 15.00 x. Telephone 3.00 q'Sewing machine I0.00 ~Misc. Oriental carpets 300.00 Double size poster bed(head board only) 50.00 ~ Night stand 25.00 k- Antique l-drawer stand 85.00 Inlaid stand -7. 45.00 ,.'" ~' Cane seated chair 15.00 X4-Drawer chest 15.00 Misc. costume jewelry 10.00 · :' CLAU' .'- C. WOLFE &"ASSOC TES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1-912 2009 LINCOLN STREET" CAMP HILL, PA 17011 717-761-2763 Gerber appraisal Page 7 of 8 END BEDROOM- continued \ Floor lamp 8.00 Trash can ~' 1.00 x. Misc. contents of bedroom 25.00 MIDDLE BEDROOM \ Clothes rack 10.00 ',,Plain cabinet 25.00 x. Single bed 20.00 ',Cane seated Victorian side chair 30.00 'x Beveled Oak wall mirror 60.00 "3-Drawer dresser - broken 50.00 Hand made quilt ~ I00.00 ~' ~Misc. rugs 45.00 ~Misc. contents of bedroom 50.00 MAIN BATHROOM Misc. contents 20.00 OPPOSITE END BEDROOM \ Dresser 15.00 ~Oak pressed back chair 10.00 NCane seated chair 15.00 ~' RCA TV - old 1.00 Dining room table 50.00 ~Ironing boards 2.00 Electric iron 1.00 Oak wall cabinet 20.00 'X-Misc. sewing notions 5.00 Eureka upright vacuum cleaner 15.00 NMisc. contents o£bedroom 50.00 '". CLAU' .: C. WO .FE & ASSOCC'fES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1912 2009 LINCOLN STREET * CAMP HILL, PA 17011 717-761-2763 Gerber appraisal Page 8 of 8 Iq[ALL CLOSET XMisc. linens I0.00 BASEMENT Porcelain top tabl~ · 20.00 \Misc. Christmas decorations 15.00 ~ Misc. old chairs 35.00 NMis¢. trunks 30.00 Misc. hand tools 25.00 '~ 4 Wooden tennis rackets 10.00 '~ Copper wash boiler 50.00 ~Maytag washer ~nd dryer 400.00 \ Old GE clock 2.00 Dehumidifier 30.00 GE Tank style vacuum cleaner XMisc. trunks 20.00 Exercise bicycle 7~ 2.00 ~' Drop leaf dining room table - poor condition 30.00 Picture frame 1, 20.00 Electric fans 7, 10.00 \Oak desk chair I0.00 "Misc. contents of basement 50.00 APPRAISAL TOTAL $ 11,841.00 This appraisal is true and correct to the best of my ability as an auctioneer and appraiser with 35 years experience. Member: Certified Appraisers Guild of America W. K. "Dusty" Chapman, CAGA Inspection of Mildred Gerber's home located ~ 623 Hilltop Drive, New Cumberland Date August 7,.¢~)02 Time 4:00pm Observers Carrie Vogels~ng and Denise Sullanberger Re Taking a monthly walk through the house and inventory of household items compared to the appraisal done in April 2001. We walked through the entire home and noticed the same items missing on last walk through dated July 11, 2002. Garage Sprinkling can Lawn furniture Lawn mower 1994 Oldsmobile "88" Royal 4 door loaded Front Bedroom 4 drawer file cabinet Quilt (hand made) White stand Trash can Bassinet 1926 picture - 25' Modem art picture Master Bedroom Deep wall frame End Bedroom Victorian straight chair Inlaid stand Trash can Middle Bedroom Quilt (hand made) Basement GE tank style vacuum cleaner Exercise bicycle Picture flame Electric fans Oak desk chair Carrie VogelsoJ)~Assist~t Vice Presiderl~ CERTIFICATE OF SERVICE I hereby certify that on the . day of ,2004, a tree and correct copy of the "Petition for Approval of Advance Distribution of Tangible Personal Property" was served by means of United States mail, certified, return receipt requested, upon the following: Richard C, Rupp, Esquire Rupp and Meikle 355 North 21st Street, Suite 205 Camp Hill, PA 17011 Stanley J. A. Laskowski, Esquire Caldwell & Keams 3631 North Front Street Harrisburg, PA 17110 Marilyn J. Gerber 717 Market Street, #317 Lemoyne, PA 17043 Jane N. Heflin 270 N. Garfield Street Lombard, IL 60148, PA 17033 Barbara M. Angello CLAL :.:E (. WOLFE & AS ;Ocz".,tE$ FAMIL)' OWNED SINCE 1912 2009 LINCOLN STREET, CAMP HILL, PA 17011 717-761-2763 July 25, 2001 Appraisal for Mildred Gerber 623 I~[illtop Road, New Cumberland, PA 17070 MISC. LADY'S JEWELRY & ASSORTED ITEMS I - 14K white gold .55ct center stone w/2 small side stones diamond ring 650.00 2 - 14K white gold wedding band -. I Oct total diamond weight 80.00 3 - Rice from 1948 1.00 4 - Costume double strand pearl necklace - sterling clasp - broken 1.00 5 - Large Smoky quartz, emerald cut (585 -14K)pendant 85.00 6 - Costume pearl & rhinestone brooch - 935 silver 25.00 7 - Filigree dagger & sheath pin (early clasp & hinge) 25.00 8 - Handmade flog brooch, from the Orient. Back is 14K, top is 18K gold 350.00 9 - 18K gold filigree butterfly brooch 90.00 10 - Rhinestone feather brooch - metal discolored and stones missing 1.00 11 - 14K gold pendant/pin containing a good 10mm pearl on a gold chain 350.00 12 - 14K gold diamond pendant on a gold plated chain..50ct. European cut center & (11) .88ct total weight side diamonds. Slightly tinted 475.00 13 - Italian 18K (750) figaro gold link bracelet 75.00 14 - Part ora broken rhinestone bracelet 1.00 15 - 18K gold link bracelet with gemstones of'amethyst, tourmaline, citrine, aquamarine & garnet. Pink gold with green gold overlay on some sections. 750.00 16 - Costume faux pearl necklace - double strand, rhinestone clasp 10.00 17 - Loose faux pearls (7) 1.00 18 - Italian 14K gold necklace (smashed section) 15.00 19 - 14K gold diamond Concord Watch Co. (334F) Swiss wrist watch 125.00 20 - Note from Emiko Kato 1.00 21 - Bell shaped plastic jewelry case 1.00 22 - Antique faux pearl hair pin 15.00 23 - 18K gold Helvetia - Swiss wrist watch - face damaged 45.00 24 - Silver (835) and marcasite dress clip 35.00 25 - Costume faux pearl earrings (one screw-on replaced) 2.00 C LAU' E C. WOLFE & ASSOC;?zYE'S A-LICTIONEE]-IS & APPRAISI[R5 FAMILY OWNED 3'INCE 1912 2009 LINCOLN STREET- CAMPHILL, PA 17011 717-761-2763 Gerber appraisal Page 2 of 3 MISCELLANEOUS LADY'S JEWELRY AND ASSORTED ITEMS - Continued 26 - Sterling silver (935) and rhinestone brooch 30.00 27 - Sterling silver (935) and rhinestone duette clips 40.00 28 - Rhinestone earrings (one broken) 1.00 29 - 2 Cloisonn6 bird motif charms 20.00 30 - Platinum (900 - IRID) diamond dinner ring..75ct total weight. lower color in diamonds 750.00 31 - 10K g01d large black onyx ring with cleat stone. Band is cut 65.00 32 - Palladium diamond cluster ring. 1.2ct total weight 550.00 33 - Asian 14K gold pearl cluster ring - nice luster 200.00 34 - Asian 14K gold pearl ring with 3 pearls 90.00 35 - 18K diamond solitaire 1.6ct. ring. Slight yellow color 3,600.00 36 - Silver (830) coif`ting with blue glass stones 25.00 37 - Silver (830) cuff`ring with red glass stones (some missing) 2.00 38 - Early 1900's shell cameo brooch 65.00 39 -Late 1800's shell cameo brooch ' 65.00 40 - 10K gold filigree brooch with blue stone 20.00 41 - Dish towel scrap 1.00 42 - Costume graduated faux pearl necklace with sterling silver clasp 5.00 43 - Double strand o££aux pearls with pearl & silver clasp 10.00 44 - Japanese hand knotted blister pearl necklace with silver clasp 250.00 45 - Trifari faux pearl graduated necklace with rhinestone clasp 10.00 46 - Faux pearl graduated necklace (yellowed) with 14K white gold clasp 8.00 47 -2 Grey jewelry boxes 1.00 48 - Blue.jewelry box 5.00 49 - Green ring box 1.00 50 - Red satin jewelry roll 5.00 C.LAL'-:E C. WOLFE A UC'FIO N 1 LISR,"; ~L' FAMILI' OWNED SINCE 1912 2009 LINCOLN STREET · CAMP HILL, PA I701 717-761-2763 Gerber appraisal Page 3 of 3 APPRAISAL TOTAL $ 9,028.00 This Fair Market Value appraisal is true and correct to tile best of my ability as an auctioneer and appraiser with 35 years experiehce. Member: Ceaified Appraisers Guild of America CLAUDE C. WOLFE & ASSOCIATES W. K. "Dusty" Chapman, CAGA CLAUDE C. WOLFE & ASSOCIATES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1912 2009 LINCOLN STREET. CAMP HILL, PA 17011 717-761 -2763 June 12, 2001 Appraisal for Mildred J. Gerber, Guardianship - PNC Bank 623 ltffitop Road, New Cumberland, PA 17070 MISC. JEWELRY & ASSORTED ITEMS (2) Pearls 7+ mm each 70.00 Blue costume pearl necklace 3.00 Rosary beads, gold filled - worn 3.00 Small box containing 6 charms 1.00 Card with pressed flowers for Bethlehem 1.00 Newspaper clipping 1.00 (6) Tie tacks 2.00 Small piece &chain 1.00 Clear pin 1.00 Script pen fi-om quill 1.00 Black jewelry box 1.00 (3) Aluminum charms 1.00 Rhinestone bracelet 8.00 (12) Glass synthetic stones 1.00 Smoky quartz stone 5.00 St. Augustine's School pin 1.00 APPRAISAL TOTAL $ 101.00 Tiffs Fair Marlcet [ralue appraisal is tree and correct to the best of my ability as an auctioneer and appraiser with 35 years experience. Member: Certified Appraisers Guild of America CLAUDE C. WOLFE & ASSOCIATES W. K. "Dusty" Chapman, CAGA .. CLALf C. WOLFE & 'ASSOC?TES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1-912 2009 LINCOLN STREET' CAMP HILL, PA 17011 717-761-2763 April 23, 2001 Appraisal for Mildred J. Gerber, Guardianship - PNC Bank 623 ltilltop Road, New Cumberland, PA 17070 ENTRY SCabinet 5.00 LIVING ROOM ~'Ball & claw footed chair 65.00 · Library table 135.00 ~ China closet (top section) 70.00 ~ Misc. contents of china closet(top section) I00.00 ~. Misc. vases and urns 30.00 '~Oriental style stands (4-stack) 60.00 ~-Old magazine stand 1.00 "Mother-of-pearl plaque 25.00 ~ Tile table 2.00 '" Gold colored chair 2.00 XMother-of-pearl shadow box (old clock box) 25.00 '~Japanese doll in glass case 35.00 "Oriental style blanket chest 65.00 XPair of mahogany end tables 30.00 "Pair of Oriental figurines 25.00 x Green colored table lamps 25.00 XMandolin 45.00 "Sofa 2.00 Round seated Victorian chairs 55.00 '~ Pair of Victorian straight chairs 60.00 CLAIJ' C. WOLFE & ASSOC/'-'TES AUCTIONEERS & APPRAISERS FAMILI' OWNED SINCE 1012 2009 LINCOLN STREET. CAMP HILL, PA 17011 717-761-2763 Gerber appraisal Page 2 of 8 LIV/NG ROOM - continued \Table lamp 35.00 X. Round mother-of pearl table (broken leg) 15.00 \Martha Washington sewing cabinet 55.00 X,OmateJow seated Oriental chair 55.00 \Oak flamed picture 45.00 n Misc. contents of living room 100.00 KITC/~N ~- Telephone 5.00 x Kitchen Aid re~gerator 125.00 x Decorator plate -13" 35.00 x 6-Decorator 8" bird motif plates 45.00 XMisc. everyday dishes 20.00 \Utensils 10.00 ~- Flatware 10.00 '~Cookware I 0.00 x-Cabinet - drop leaf 5.00 ",Single drawer cabinet 3.00 "Oak pressed-hack chair 10.00 x, Dinette table and chair 5.00 ~. Toaster 2.00 "-Clock 1.00 "Trash can 1.00 ~, Dirt Devil carpet sweeper 1.00 GARAGE Sprinkling can 5.00 '~ Lawn furniture 5.00 ." Aluminum extension ladder 20.00 Old trunk 7.O0 Lawn mower 30.00 '/ CLAU' C. WOLFE &'ASSOCc .TES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1.912 2009 LINCOLN STREET. CAMP HILL, PA 17011 717-761 -2763 Gerber appraisal Page 3 of' 8 GARAGE - continued Wooden step ladder 5.00 Misc. garden tools 10.00 1994 Oldsmobile "88" Royale 4-door, loaded, 53,000 miles. Good condition 5,000.00 Misc. contents of garage 25.00 DINING` ROOM \ Oak pressed-back chair ., 10.00 -x Dining room table and seven chairs 295.00 xMahogany buffet 100.00 "RS Prussia partial tea set 65.00 '-German partial tea set 40.00 ~Linens 35.00 --Hutch(top section) 40.00 kDecorator plate -13 ½" 30.00 x-Misc, contents of hutch(top section) 60.00 "Platter - 18" 8.00 ~ Drop leaf tea table 175.00 ~ Pair of candelabras 35.00 x_ Sconces 5.00 ~--Pedestal stand 25.00 ~' Deep well frame 30.00 XPartial Rosenthal luncheon & tea set 50.00 '~ Misc. tea set 35.00 'xChina closet top section with glass doors 195.00 x-Misc, contents of china closet(top section) 150.00 '~Oriental style rug 85.00 %Misc. contents of dining room 25.00 CLALr- E C. WOLFE &' ASSOC?".TE$ AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1912 2009 LINCOLN STREET- CAMP HILL, PA 17011 717-761-2763 Gerber appraisal Page 4 of 8 FAMILY ROOM X, Sewing table 10.00 ~ Inlaid picture 25.00 x Hummel picture plaque 5.00 ~' Floor lamp 8.00 -~ 2 Old religious pictures 40.00 '~ Green cabinets ~_ 65.00 Misc. figurines 100.00 ~' Brass table lamp 2.00 "- Green chair 1.00 k Brown chair with ottoman 1.00 "Marble top stand - 14.5 x 19.5 275.00 '~ Rush seated Windsor chair X 40.00 2 Shelf'units ',. 20.00 Cast pot 25.00 'x.3 Glass fish figurines 12.00 \ 2 Wooden African statues 10.00 '~ Misc. books 4.00 N 2 Toby mugs 5.00 'X-Flowered wing back chair 10.00 '~ Oil painting of Mt. Fuji 20.00 '~ Sony portable TV 30.00 '"Round marble top table I0.00 x. Misc. plants 5.00 ~Kneehole desk and chair - poor condition 35.00 \Misc. contents of family room 65.00 CLAL/'C. WOLFE &' A$SO TES AUCTIONEERS & APPRAISERS FA MIL Y 0 WNED SINCE '1912 2009 LINCOLN STREET · CAMP HILL, PA 17011 717-761-2763 Gerber appraisal Page 5 of 8 FRONT BEDROOM 4-Drawer file cabinet? I0.00 M)val antique picture 30.00 \ Marble top bed stand 75.00 'X-Pair of boudoir lamps 5.00 X"Alarm clock 1.00 'XWash stand 65.00 · Hand made quilt '~ Camel back trunk - broken ., 35.00 \ Kush seated Windsor chair - broken 20.00 White stand 1.00 '~ Bath chair 1.00 Trash can 7. 1.00,-" ~"Wall mirror 2.00 "Oak chest of drawers 30.00 ~ 5 Drawer stand 5.00 Panasonic radio 2.00 Bassinet ? 2.00 1926 picture - 25 Modem art picture ~ Small Oriental rags I00.00 'x Misc. contents of bedroom 20.00 SECOND BATlt 'x Scales 1.00 XTrash can 1.00 ',Stool 1.00 x Misc. contents of bath 1.00 CLAIJ C. WOLFE & 'ASSOC?TES AUCTIONEERS & APPRAISERS FAMlLF OWNED SINCE 1912 2009 LINCOLN STREET · CAMP HILL, PA 17011 717-761-276,3 Gerber appraisal Page 6 of 8 ,MASTER BEDROOM ~Blonde dresser and chest of drawers 125.00 X-Deep well frame 20.00 XMisc. costume jewelry 5.00 MVlaple dresser top and mirror 85.00 xPair of twin Maple beds - poor condition 20.00 '~Antique 2-drawer stand - poor condition 85.00 x Sony remote telephone 12.00 \ Wall hanging 15.00 ~, 2 Black straight chairs 2.00 ~ 2 Victorian side chairs ,, 50.00 x Trash basket 1.00 XMisc. contents of bedroom 25.00 END BEDROOM \ Metal cabinet 1.00 ~'Gold colored chair 1.00 ~' Slant top desk 30.00 ~' Oak box 35.00 Victorian straight chair? 15.00 \ Telephone 3.00 '~Sewing machine I0.00 ~Misc. Oriental carpets 300.00 Double size poster bed(head board only) 50.00 ~ Night stand 25.00 ~- Antique 1-drawer stand 85.00 Inlaid stand '~- 45.00 '/ Cane seated chair 15.00 X4-Drawer chest 15.00 Misc. costume jewelry 10.00 .. ' CLAU' .'- C. WOLFE & 'ASSOC?'TES AUCTIONEERS & APPRAISERS FAMILY OWNED SINCE 1~912 :2009 LINCOLN STREET- CAMP HILL, PA 17011 717-761 -:2763 Gerber appraisal Page 7 of 8 END BEDROOM - continued \ Floor lamp 8.00 Trash can 7. 1.00 ~- Misc. contents of bedroom 25.00 MIDDLE BEDROOM \ Clothes rack I 0.00 ",Plain cabinet 25.00 xSingle bed 20.00 xCane seated Victorian side chair 30.00 N Beveled Oak wall mirror 60.00 x'3-Drawer dresser - broken 50.00 Hand made quilt ? 100.00 ~Misc. rugs 45.00 "Misc. contents of bedroom 50.00 MAIN BATHROOM Misc. contents 20.00 OPPOSITE END BEDROOM \ Dresser 15.00 XOak pressed back chair 10.00 NCane seated chair 15.00 ~' RCA TV - old 1.00 Dining room table 50.00 ~h-oning boards 2.00 Electric iron 1.00 Oak wall cabinet 20.00 'X-Misc. sewing notions 5.00 Eureka upright vacuum cleaner 15.00 X,Misc. contents of bedroom 50.00 ",' CLALF C. WOLFE &' ASSOCCTES AUCTIONEERS & APPRAISERS FAMILY OWNED SINC£ 1912 2009 LINCOLN STREET. CAMP HILL, PA 17011 717-761-2763 Gerber appraisal Page 8 of 8 HALL CLOSET XMisc. linens 10.00 BASEMENT Porcelain top tabl~ · 20.00 \ Misc. Christmas decorations 15.00 X, Misc. old chairs 35.00 ~Misc, trunks 30.00 Misc. hand tools 25.00 '~ 4 Wooden tennis rackets 10.00 '~ Copper wash boiler 50.00 'M~Iaytag washer and dryer 400.00 \ Old GE clock 2.00 Dehumidifier 30.00 GE Tank style vacuum cleaner ,~ 2.00 '/ XMisc. trunks 20.00 Exercise bicycle 7, 2.00 v' ~' Drop leaf dining room table - poor condition 30.00 Picture flame 1, 20.00 '/ Electric fans ~, 10.00 '~ \ Oak desk chair 10.00 '~ ~Ivlisc. contents of basement 50.00 APPRAISAL TOTAL 5; 11,841.00 This appraisal is true and correct to the best of my ability as an auctioneer and appraiser with 35 years experience. Member: Certified Appraisers Guild of America W. K. "Dusty" Chapman, CAGA Inspectiou of Mildred Oerber's home located ~ 623 Hilltop Drive, New Cumberland Date August 7, 2002 Time 4:00pm Observers Carrie Vogels~ng and Denise Sullenberger Re Taking a monthly walk through the house and inventory of household items compared to the appraisal done in April 2001. We walked through the entire home and noticed the same ~tems missing on last walk through dated July 11, 2002. Garage Sprinkling can Lawn furniture Lawn mower 1994 Oldsmobile "88" Royal 4 door loaded Front Bedroom 4 drawer file cabinet Quilt (hand made) White stand Trash can Bassinet 1926 picture - 25' Modem art picture Master Bedroom Deep wall frame End Bedroom Victorian straight chair Inlaid stand Trash can Middle Bedroom Quilt (hand made) Basement GE tank style vacuum cleaner Exercise bicycle Picture fi'amc Electric fans Oak desk chair CERTIFICATE OF SERVICE AND NOW, this y of ~, 2004, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Ms. Marilyn J. Gerber 717 Market St., No. 317 Lemoyne, PA 17043 Jacqueline Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 William Duncan, Esquire I Irvine Row Carlisle, PA 17013 Jane N. Heflin 270 N. Garfield St. Lombard IL, 60148 DURABLE POWER OF ATTORNEY NOTICE THE PURPOSE OF TI-LIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TQ YOU OR APPROVAL BY YOU. THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEy. YOUR AGENT MAy EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF ANy AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 Pa. C.S. Ch. 56. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DOD NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. -- - PRINCIPAL ~,/: ' DAT, I, MILDRED J. GERBER of 623 Hilltop Drive, New Cumberland, Cumberland County, Pennsylvania hereby appoint my son, Frederick E. Gerber, II, (hereinafter referred to as "agent") my agent for me and in my name and place. I direct my agent to transact all my business and to manage all my property and affairs as completely as I myself might do if personally present, including but not limited to, exercising the following powers. 1. ~EXECUTION OF CONTRACTS. To enter into, perform, modify,, extend, cancel, compromise, enforce, or otherwise act with respect to any contract of any sort whatsoever including but not limited to, leases and mortgages; and to p~ possession to any real or personal property that may be required to be ix[id or tnmafened b~ ~ contract or in the performance of any obligation entered into or incurred by me or on my ich.alt'. 2. INVESTMENTS. To invest in all forms of real and personal property without any restriction whatsoever as to the kind of investments, including, but not limited to. United State~ Treasury Bonds which are redeemable at par in payment of federal estate taxes. 3. REGISTRATION OF PROPERTY. To hold property unregistered or in the name of a nominee. 4. PERSONAL PROPERTY. To buy or sell at public or private sale for cash or credit or partly for each, exchange, pledge, lease, give or acquire options for sales or exchanges or leases, or by any other means whatsoever to acquire, dispose of, repair, alter or manage tangible or intangible personal property or any interest therein; and, without limitation, with respect to any securities, to comply with any securities laws or regulations, to execute indemnity-agreements, to purchase insurance and to pay commissions or discounts required by any underwriting. 5. REAL PROPERTY. To buy or sell at public or private sale for cash or credit or partly for each, exchange, mortgage, encumber, lease for any period of time, give or acquire options for sales, purchases, exchanges or leases, dedicate, or by any other means whatsoever; to acquire or dispose of real property or any interest therein; to partition and subdivide real property; to manage real property; to repair, alter, erect, or tear down any structure of part thereof; and to file such plans, applications, or other documents in connection therewith and do such other acts as may be requested by any government or other authority having or purporting to have jurisdiction. 6. SECURITIES. To vote in person or by proxy at any meeting, to join in any merger, reorganization, voting-trust plan or other concerted action of security holders, to make payments in connection therewith, and in general to exercise all fights of a security holder. 7. INSURANCE. To procure, alter, extend or cancel insurance against any and all risks affecting property and persons, and against liability, .damage or claim of any sort. 8. LOANS. To borrow money in such amounts for such periods and upon such terms as my attorney shall deem proper and to secure any loan by the mortgage or pledge of any property, and I specifically authorize my attorney to borrow money and pledge property as collateral for the purpose of purchasing United States Treasury Bonds which are redeemable at par in payment of federal estate taxes. · 9. BANK ACCOUNTS. To sign checks, drafts and other instruments or otherwise make withdrawals from any checking, savings, transaction or other deposit account in my name, and to endorse checks payable to me and receive the proceeds thereof in cash or otherwise; to open and close checking, savings, transaction or other deposit accounts in my name; to purchase and redeem savings certificates, certificates of deposit or similar instruments in my name; to execute and deliver receipts for any funds withdrawn or savings certificate, certificate of deposit or similar instrument which I now have or may hereat~er acquire, the same as I could do if personally present. Any financial institution m of attorney is revoked or actual notice gf my death and shall be notice from me that this power indemnified and or loss, including lawyers' fees, costs of suit and claims of' third parties. ~'hich might incur by relying on this power after termination or revocation but before it receives such notice, or at any time because of wrongful acts, omissions or representations of my attorney with respect to transactions covered by this power of attorney. My agent shall be subject to Whatever bank roles and regulations I would be subject to. 10. INDIVIDUAL RETIREMENT ACCOUNT. . To request and receive distributions from any of my Individual Retirement Accounts; to give instructions for the purchase and sale of securities in those accounts; to execute on my behalf any powers of attorney or other instnnnents needed for those purposes; and to endorse notes, checks, dra~ and bills of exchange, and to make contributions to those accounts. 11. SAFE DEPOSIT BOXES. To have access to and control over the contents of any safe deposit box rented by me, to rent safe deposit boxes in my name, to close out and execute safe deposit boxes in my name, to close out and execute and deliver receipts for safe deposit boxes in my name, and to do all acts regarding any safe deposit boxes in my name, which I now have or may hereat~er acquire, the same as I could do if personally present; provided that my agent shall not deposit or keep in any such safe deposit box any property in which my agent has a personal interest. Any financial institution may continue to rely on this power of attorney until it receives written notice from me that this power of attorney is revoked or actual notice of my death and shall be indemnified and held harmless by me and my estate, personal representatives and heirs against any liability or loss, including lawyers' fees, costs of suit and claims or third parties, which it might incur by relying on this power after termination or revocation but before it receives such notice, or at any time because of wrongful acts, omissions or representations of my agent with respect to transactions covered by this power of attorney. My agent shall be subject to whatever bank roles and regulations I would be subject. 12. RECEIPTS AND APPROVAL OF ACCOUNTS To receive a payment of any kind, including a bequest, devise, gif~ or other transfer of real or personal property to me in my own right or as a fiduciary for another, and to give full receipt and acquittance therefor, or a refunding bond therefor, to approve accounts of any business,, estate, trust, partnership or other transaction whatsoever in which I may have any interest of any nature whatsoever, and to enter into any comprOmise and release in regard thereto. 13. COMPROMISE AND ARBITRATION OF CLAIMS. To compromise or arbitrate any claim in which I may be in any manner interested, and for that purpose to enter into agreements to compromise or arbitrate, and either through counsel or otherwise to carry on such compromises or arbitration and perform or enforce any award entered in arbitration. 14. INSTITUTION AND DEFENSE OF CLAIMS To institute, prosecute, defend, compromise, or otherwise dispose of, and to appear for me in, any proceedings at law or in equity or otherwise before any tribunal for the enforcement or for the defense of any claim, either · . - alone or in conjunction with other persons, relating to me or to any property of mine Or any other person (including the authority to sue if this power of attorney is not honored), and to retain, discharge and Substitute counsel and authorize appearance of such counsel to be cntere,a '~,r in any such action of proceedings. ",~ 15. TAXES. To prepare, execute and file in my name and on my behalf any return, report, protest, application for correction of assessed valuation of real or other property, appeal, brief, claim for refund, or petition, including petition to the United States Tax Court, in connection with any tax imposed or purported to be imposed by any government, authority or agency, or claimed, levied or assessed by any government, authority or agency and to pay any such tax and to obtain any extension of time for any of the foregoing; to execute waivers of restrictions on the assessment and collection of deficiency in any tax; to execute closing agreements and all other documents, instruments and papers relating to any tax liability of mine of any sort; to institute and can'y on either through counsel or otherwise any proceeding in connection with contesting any such tax or to recover any tax paid, or to resist any claim for additional tax or any proposed assessment or levy thereof, and to enter into any agreements of stipulations for compromise of other adjustment or disposition of any tax. 16. DISCLAIMER. To execute, deliver and file or record disclaimers of any part or all of any property, power or interest passing to or for me under any will, deed of trust or otherwise. 17. EMPLOYMENT OF OTHERS. To employ accountants, attorneys-at-law, investment counsel, custodians, agents, servants, and others, and to delegate to them, to remove them, and to pay them such remuneration as my attorney shall deem proper. 18. REVOCABLE TRUST TO BE CREATED To execute any revocable deed of trust on my behalf under the terms of which (i) my agent or any one or more other persons or corporations with fiduciary powers selected by my agent is named as the trustee or trustees, (ii) during my lifetime the entire net income and as much principal as I, my agent or my trustee thinks is desirable shall be paid to me or for my benefit (including those I am legally obligated to support), and (iii) upon my death the principal and any undistributed income shall be payable to the executor or administrator of my estate; and to transfer property to the trustee or trustees thereunder. 19. REVOCABLE TRUSTS PREVIOUSLY CREATED To add any property to any revocable deed or trust executed by me for my benefit even through the trust may not be payable upon my death to my estate and to revoke in whole or in part any such trust. 20. GUARDIAN OF THE PERSON AND ESTATE For the purpose of recording my wishes in convenient place, I record here that if it is necessary to appoint a guardian of my person or a guardian of my estate it is my desire that my agent be appointed. 21. GIFTS. To make git~s which do not exceed my annual federal gift tax exclusion or other tax exempt gift. 22. GENERAL. To do all things which my agent shall deem proper in order to carry out any of the foregoing enumerated powers, which shall be construed in the broadest possible manner, In no event shall my agent take any action concerning a policy of insurance on my agent's life. The descriptive headings of this general power of attorney are inserted for convenience only and shall not be deemed to affect the meaning or construction of any of the provisions hereof or to limit in any way the construction thereof in the broadest possible manner. 23. SUBSTITUTION. My agent shall have the full power of substitution and revocation, and such substitution or revocation may relate to, or be limited to, any one or more or all foregoing acts or powers, or be limited as to time or in such other respect as my agent shall deem proper. 24. RATIFICATION. I hereby ratify and confu-'m all that my agent or the substitute or substitutes therefor shall lawfully do or cause to be done by virtue h[reof. 25. RELIANCE BY OTHERS. This power of attomey shall continue in force and may be accepted and relied upon by anyone to whom it is presented despite my purported revocation of this power, the age of this power, the issuance of a 'court decree declaring my incompetency or my death, until written notice of such event is received by such person. 26. EFFECT OF MY DISABILITY. This power of attorney shall not be affected by my disability or incapacity and shall specifically continue after such disability and incapacity. 27. GOVERNING LAW. This power of attorney shall be governed by and interpreted in accordance with Pennsylvania law. _ COMMONWEALTH OF PENNSYLVANIA · · SS. COUNTY OF CUMBERLAND : 'Onthis /~2::~dayof ~ , 2001, before me the unaersigned officer,, persOnally appeared Mildred J. ~erber, kno(~a to me (or satisfactory proven) to be the person whose name is subscribed to the foregoing insmmaent, and acknowledged that she execmed it for the purpose therein contained. Witness my hand and official seal the day and year aforesaid.