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HomeMy WebLinkAbout10-24-03 Joanne Book Christine, Esquire Attorney ID No. 82028 ! . Rhoads & Sinon LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 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 REAL ESTATE 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 Real Estate, 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 died on January 14, 2003, leaving a Will dated August 2, 1999. 4. 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, was awarded Letters Testamentary pursuant to ITEM V of her Will. 5. Mrs. Gerber has three children, Marilyn J. Gerber, Frederick E. Gerber, II and Jane N. Herin. 492682.1 6. The Guardianship Estate of Mrs. Gerber owns land with improvements situate in New Cumberland Borough, Cumberland County, Pennsylvania, known and numbered as 623 Hilltop Drive, New Cumberland Borough, Cumberland County, Pennsylvania (the "Real Estate"). 7. Petitioner sought to sell the Real Estate prior to Mrs. Gerber's death, which sale was approved by this Court following a hearing by Order dated December 16, 2002; however, the sale never occurred. 8. The Petitioner proposes to distribute the Real Estate and the other assets of the Guardianship Estate to the Executor of Mrs. Gerber's Estate upon the confirmation of the First and Final Account of the Petitioner as Guardian which is being filed contemporaneously with this Petition. 9. Petitioner is hereby seeking the advance distribution of the Real Estate to the Executor pending the confirmation of the Guardianship Account, so that he may proceed with selling the Real Estate as part of his administration of Mrs. Gerber's Estate. 10. Petitioner is further requesting that the Executor hold any sale proceeds in escrow until the confirmation of the Guardianship Account, at which time the proceeds may be released to the Executor for further administration in the Estate. 11. The Executor has the power to sell real estate pursuant to ITEM V(1) of the Will. 12. In addition, 20 Pa. C.S.A. {}3351 provides that a personal representative may sell any real estate not specifically devised at either public or private sale, without court approval. -2- 13. Mrs. Gerber's Guardianship Estate was the sole owner of the Real Estate at her death and it was not specifically devised in her Will. 14. Thus, the Executor may proceed with selling the Real Estate without a hearing and without Court order, which was required if the Guardian sold the Real Estate instead. 15. The advance distribution of the Real Estate will avoid the delay of waiting to sell the Real Estate until the Guardianship Account is confirmed, and relieve the Estate of the expenses of maintaining the Real Estate. WHEREFORE, Petitioner, PNC Bank, N.A. respectfully requests that this Court issue an Order approving the advance distribution of the land with improvements situate in New Cumberland Borough, Cumberland County, Pennsylvania, known and numbered as 623 Hilltop Drive, New Cumberland, Cumberland County, Pennsylvania, 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 real estate in escrow pending the confirmation of the First and Final Account of PNC Bank, N.A. as Guardian of the Estate of the Mildred J. Gerber. RHOADS & SINON LLP Date: /['-fo~'r~e Book Christine [ / ID No. 82028 k.// Rhoads & Sinon LLP One South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 Attorneys for Petitioner -3- 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 Real Estate" are tree and correct to the best of his knowledge, information and belief. PNC BANK, N.A. Date: lO]l,.~lO~ By: David A. Brown Vice President CERTIFICATE OF SERVICE I hereby certify that on the ,~ ~ t~' day of ~9(~23~-~, 2003, a true and correct copy of the "Petition for Approval of Advance Distribution of Real Estate" 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 (Attorneys for Frederick E, Gerber, II) Stanley J. A. Laskowski, Esquire Caldwell & Keams 3631 North Front Street Harrisburg, PA 17110 (Attorney for Marilyn J. Gerber) Marilyn J. Gerber 717 Market Street, #317 Lemoyne, PA 17043 Jane N. Herin 270 N. Garfield Street Lombard, IL 60148, PA 17033 /I~- NOV t 7 2003  IN liE: ESTATE OF IN THE COUIiT OF COMMON PLEAS MILDIiED J. GEliBEli CUMBEliLAND COUNTY, PENNSYLVANIA an Incapacitated Person OIiPHANS' COUIiT DIVISION NO. 21-01-92 No. 21-02-0540 AND NOW, this day of ,2003, upon consideration of the Answer to Petition for Approval of Advance Distribution of Real Estate filed by PNC Bank, N.A., the Guardian of the Estate of Mildred J. Gerber, it is hereby ORDERED AND DECREED that PNC's Petition is DENIED and that a hearing concerning this Petition is scheduled on this day of 2003 and that the Petition for Stay for Sale of the Property shall be heard at a hearing on this day of 2003. Judge