HomeMy WebLinkAbout09-03-04IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF
MILDRED J. GERBER : CUMBERLAND COUNTY, PENNSYLVANIA
an incapacitated person : ORPHANS' COURT DIVISION
: NO. 28-01-92
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: : IN THE COURT OF COMMON PLEAS OF
FR~ E. GERBER, SR. TRUST : CUMBERLAND COUNTY, PENNSYLVANIA
'E._:~: ULCER A~EMENT DATED : ORPHANS' COURT DIVISION
,~:. JUL~ 29; 1994 :
m · : NO. 21-1998-0195
:
~, ~-: ORDER OF COURT
In the above-captioned cases, which are before Auditor William A. Duncan, Esquire, the
parties in open Court before Auditor William A. Duncan, Esquire, agreed as follows:
WHEREAS, Colonel Frederick E. Gerber, II, was deployed by the United States Army to
Iraq as part of certain freedom and military operations;
WHEREAS, Colonel Frederick E. Gerber, II, Trustee to two of the Accounts which are
his Accounts and subject to the auditor before Auditor William A. Duncan, Esquire;
WHEREAS, Colonel Frederick E. Gerber, II, is also an imerested party and potential
wimess in the PNC Bank case;
WHEREAS, on August 3, 2004, in open Court before Auditor William A. Duncan,
Esquire, Colonel Frederick E. Gerber, II, specifically waived his rights to protection under the
Soldiers and Sailors Civil Relief Act with respect to the proceedings in the three above-
referenced cases which are before Auditor William A. Duncan, Esquire and specifically
submitted to the jurisdiction of the Court of Common Pleas of Cumberland County,
Pennsylvania, and Auditor William A. Duncan, Esquire, in these three specific cases.
NOW, THEREFORE, upon the parties' agreement and stipulation in open Court before
Auditor William A. Duncan, Esquire, it is hereby ordered that the protections of the Federal Act
known as the Soldiers and Sailors Civil Relief Act are hereby specifically waived with respect to
Colonel Frederick E. Gerber, II, with respect to the above-referenced three cases and that Colonel
Frederick E. Gerber, Ii, shall submit to the jurisdiction of the Court of Common Pleas of
Cumberland County, Pennsylvania, and Auditor William A. Duncan, Esquire, in these specific
above-referenced cases. The Petition of Marilyn J. Gerber has now been resolved and no further
action will be taken on the Petition.