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HomeMy WebLinkAbout12-15-03 Joanne Book Christine, Esquire Attorney I.D. No. 82028 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for PNC Bank, N.A. IN RE: : IN THE COURT OF COMMON PLEAS OF MILDRED J. GERBER TRUST : CUMBERLAND COUNTY, PENNSYLVANIA UNDER AGREEMENT DATED : ORPHANS' COURT DIVISION DECEMBER 19, 1997 : : NO. 21-2002-0540 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 ANSWER OF PNC BANK, N.A., TO OBJECTIONS OF MARILYN JO GERBER NOW COMES Respondent, PNC BANK, N.A. ("PNC"), as Guardian of the Estate of Mildred J. Gerber, an incapacitated person, and as successor Trustee of the Mildred J. Gerber Trust under Agreement dated December 19, 1997 as amended (the "Trust"), by and through its attorneys, Rhoads & Sinon LLP, and files the within Answer to the Objections filed by Marilyn Jo Gerber as follows: 1. Denied. By way of further answer, Marilyn Jo Gerber is not named as a beneficiary under the Will of Mildred J. Gerber dated August 2, 1999, and is a contingent beneficiary under the Trust. 2. Admitted. 498322.1 3. Admitted. 4. Denied as stated. It is admitted that on October 3, 2001, PNC, as Guardian of the Estate of Mildred J. Gerber, removed Frederick E. Gerber, II, as Trustee, and appointed itself as successor Trustee under paragraph 14(a) of her Trust Agreement. 5. Admitted, except that such Petition was filed on June 3, 2002. 6. Denied as stated. It is admitted that on June 7, 2002, this Court ordered the Clerk of the Orphans' Court Division to issue a citation directed to Fred E. Gerber, 2, to file an Account of his administration of the Mildred J. Gerber Trust under Agreement on or before July 8, 2002, including all receipts, disbursements and distributions from the Trust. 7. Denied. The allegations of paragraph 7 are legal conclusions to which no response is required. 8. Admitted. 9. Denied. By way of further answer, the account filed by Frederick E. Gerber, II, reported transactions from the period January 1, 1999 through December 31,2001. 10. Admitted. 11. Admitted. 12. Admitted in part; denied in part. It is admitted that this Court appointed Mr. William Duncan, Esquire, as the Auditor with regard to the Account filed by Frederick E. Gerber, II, as Trustee, as to the Objections of PNC as Guardian of the Estate of Mildred J. Gerber filed on August 23, 2002, and the Objection of Marilyn J. Gerber filed on August 27, 2003. The remaining allegations of this paragraph are denied. -2- 13. Admitted in part, denied in part. It is admitted that Mildred J. Gerber died on January 14, 2003. The remaining allegations of this paragraph are denied. By way of further answer, PNC has fully disclosed the capacities in which it is acting and the actions it has taken as Trustee and/or Guardian in the Accounts filed in the above-captioned matters. 14. Denied. PNC has no knowledge as to the continuing proceeding involving the Accounts filed by Frederick E. Gerber, II as Trustee of the Trust, as Jacqueline Verney, Esquire has been substituted for PNC in those proceedings by Order of this Court. 15. Denied as stated. On October 23, 2003, PNC filed two Accounts: a First and Final Account by PNC as Guardian of the Estate of Mildred J. Gerber, an incapacitated person, and a First and Partial Account by PNC as Successor Trustee of the Trust under Agreement with Mildred J. Gerber. 16. Denied. By way of further answer, Petition has received regular account statements from PNC showing all transactions in these accounts. 17. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 18. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 19. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 20. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. -3- 21. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 22. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 23. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 24. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 25. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 26. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 27. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 28. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. By way of further answer, the extraordinary services were necessitated by the numerous filings and proceedings initiated by the Petitioner and the extent and nature of the extraordinary services undertaken by PNC are well known to the Petitioner. 29. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. -4- 30. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 31. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 32. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accouming standards. 33. Denied. All transactions are reasonable proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 34. Denied. All transactions are reasonable proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 35. Denied. All transactions are reasonable proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 36. Denied. All transactions are reasonable proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 37. Denied. All transactions are reasonable proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 38. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 39. Denied. All transactions are reasonable proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. -5- 40. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 41. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 42. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 43. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 44. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 45. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 46. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 47. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 48. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 49. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. -6- 50. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 51. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 52. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. By way of further answer, Petition initiated many of and been involved in the numerous legal proceedings which occurred in the above-captioned matters, and is well aware of the nature and extent of legal services provided by Rhoads & Sinon LLP in these matters. 53. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 54. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. By way of further answer, the Account states that the compensation is based on the principal value of the account, and is determined by PNC's fee schedule in effect at the time the services were rendered. The fees taken in March of 2002 and 2003 are yearly fees which again are based on PNC's fee schedule and the principal market value of the account. 55. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 56. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. -7- 57. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 58. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 59. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 60. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 61. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 62. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 63. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 64. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 65. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 66. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. -8- 67. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 68. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 69. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 70. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 71. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 72. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 73. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 74. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 75. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 76. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. -9- 77. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 78. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 79. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 80. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 81. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 82. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 83. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 84. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 85. Denied. All transactions are reasonable proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 86. Denied. All transactions are reasonable proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. -10- 87. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 88. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 89. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 90. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 91. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 92. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 93. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 94. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 95. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 96. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. -11- 97. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 98. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 99. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 100. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. 101. Denied. All transactions are reasonable, proper and fully disclosed in the Accounts, which supply all information required by fiduciary accounting standards. WHEREFORE, PNC Bank, N.A., respectively requests that this Court confirm the First and Partial Account of PNC Bank, N.A. as successor Trustee of the Trust under Agreement with Mildred J. Gerber, and the First and Final Account of PNC Bank, N.A., as Guardian of the Estate of Mildred J. Gerber. Respectfully submitted, RHOADS & SINON LLP BY: //]oanne Book Christine // /One South Market Square ~/ P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for PNC BANK, N.A. -12- DEC-12-2003 15:36 PNC BANK ?17 ?30 2254 P.02/02 VERIFICATION David A. Brown, deposes and says, subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities, that he is the Vice President of PNC Bank, N.A., that he makes this verification by its authority and that the facts set forth in the foregoing Answer are true and correct to the best of his knowledge, information and belief. Da~: /)ece.,,,,a,... /z, Zo,,..e ~ ~ David A. Brown TOTAL P,02 CERTIFICATE OF SERVICE I hereby certify that on this ~ ,~ day of ~)~¢¢~--, 2003, a true and correct copy o£ the foregoing document was served by means of United States mail, first class, postage prepaid, upon the following: Stanley J. A. Laskowski, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 Marilyn J. Gerber 717 Market Street, #317 Lemoyne, PA 17043 Richard C. Rupp, Esquire Rupp and Meikle 335 North 21st Street, Suite 205 Camp Hill, PA 17011 Mrs. Jane Heflin 270 N. Garfield Lombard, IL 60148 Cindy L. '~L~ee tzel