HomeMy WebLinkAbout09-30-02
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IN RE: MILDRED J.GERBER TRUST :
UNDER AG~,dated
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY
COMMONWEALTH OF PENNSL YVANIA
ORPHANS DIVISON
NO.21-2002-0540
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REQUEST FOR STATUS CONFERENCE
NOW COMES Marilyn Jo Gerber,on record in this Court as PRO-SE and Objector,
requesting a conference within the 45 day period as requested by Richard Rupp on
August 27,2002.
\. Petitioner is on the record as PRO-SE and the eldest child and daughter of
Mildred J Gerber.
2. On March 22, 2001, this Court appointed PNC Bank pleanary guardian of
the Estate of Mildred J Gerber, Incapacitated Person.
3. On June 4,2002, PNC Bank filed a petition to Cite Trustee to file an account
of administration after alledgedly attempting since May 2001 to secure accounting
from Frederick E Gerber,1I without success.
4. On June 10, 2002, the Honorable Gerorge E.Hoffer. P.J. in this Court ordered
Frederick E Gerber,ll to provide all accounting including receipts, disbursements and
distributions of theTrust to be provided by July 8,2002.
5. On August 23,2002, PNC Bank filed their objections to the partial accounting
of Frederick E Gerber, II.
6. On August 27,2002, Marilyn Jo Gerber filed her objections to the partial
accounting of Frederick E Gerber,lI.
AFFIRM THE FOLOWING:
7. On August 27,2002, Richard Rupp was the only attorney present for the call
of List of Accounts filed with the Orphan's Court due to objections filed by PNC Bank
and MarilY~ Jo Gerber. $-tdtl4-
8. Richard Rupp in a letter to Judge E. Hoffer on August 27,2002, requests a 45
day waiting period before the Court would appoint an Auditor in order to have an
opportunity to work out issues which were raised in the Objections filed by PNC
Bank and Marilyn Jo Gerber.
8. The Petitioner, Marilyn Jo Gerber has heard nothing from Richard Rupp or his
client, Frederick E Gerber since August 27,2002 and their has been no attempt by
Richard Rupp to work things out amicably.
9. It is the belief of this Petitioner that Frederick E Gerber, II is only trying to buy time
and as of this date is still in contempt of the court ordered accounting including no
accounting or receipts for 2002.
10. To the best of my knowledge, PNC Bank has not received any communication
from Richard Rupp concerning an attempt to work things out amicably.
WEREFORE, Marilyn Jo Gerber, a remainder beneficiary and first child and
daughter of Mildred J Gerber, an incapacitated person, respectfully requests that
this Court:
(a) order a status conference prior to the end of the 45 day period which will be
approximately October 11,2002.
(b) in the absence of a status conference order Frederick E Gerber, II to supply
all of the requested items from the Objections which were filed on August 27,2002 by
Marilyn Jo Gerber and all of the objections which were filed by PNC BA.NK on
August 23,2002.
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(c) in the absence of a status conference order an INDEPENDENT AUDITOR that
has no relationship with PNC Bank, Richard Rupp, Frederick E Gerber,lI or this
petitioner.
MARILYN JO GERBER
BY: Marilyn Jo Gerber, PRQ-SE
42 Drexel Place
New Cumberland, PA 17070
(717)503-5280
Date: ~ -%~;(/
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