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Home My WebLink About12-22-04 IN RE: MILDRED J. GERBER TRUST UNDER AGREEMENT DATED DECEMBER 19, 1997 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-2002-540 ......, c:=:> c;:;J .r- c:;) I'i (""') N N o ~O _~c _ ::0 c,;:; v 0 ',- ;J: ,- (1 ,,; en ::-'.....c.-:: :0 ;: en ~ 000 -0 ~3S-n ~ ::;7. w PETITION FOR RULE TO SHOW CAUSE WHY STIPULATION SHOULD NOc.r BE MADE AN ORDER OF COURT INRE: FRED E. GERBER, SR. TRUST UNDER AGREEMENT DATED JULY 29, 1994 : NO. 21-1998-0195 AND NOW, comes Jacqueline M. Verney, Esquire and files this Petition to make Stipulation an order of Court and in support thereof represents the following: ~ 1. Petitioner is Jacqueline M. Verney, Esquire, Objector, whose office address is 44 South Hanover Street, Carlisle, Pennsylvania 17013, was substituted for PNC Bank for purposes of prosecuting the objections filed by PNC Bank in the Fred E. Gerber, Sr. Trust, docketed at No. 21-1998-0195 and the Mildred J. Gerber Trust, docketed at No. 21-2002-0540 by Order of Court of President Judge George E. Hoffer dated June 27, 2003. Said Order of Court is attached hereto as Exhibit "A." 2. Respondents are Marilyn Gerber, pro se and Frederick E. Gerber, II, represented by Richard Rupp, Esquire. 3. William A. Duncan, Esquire is the duly appointed auditor of the above captioned Trusts. 4. On November 17,2004, Auditor Duncan held a status conference on the above captioned trusts. ::0 -rl rn -~~ (/ SCi (~) /i~~ f".""~ : "11 :;:J t~~J () ~T1 ::~~ r- ~~ rn Go .., 5. Among other matters, Auditor Duncan was acting in response to a request for a continuance by Marilyn Gerber. 6. At the status conference, all parties and counsel agreed to continue the hearings scheduled for November 15, 16, and 17,2004. 7. At the status conference, Auditor Duncan requested your petitioner draft a stipulation for the parties to sign. 8. The proposed stipulation was read twice to all present and all present were sworn in and agreed to sign a stipulation consistent with what was read aloud and sworn to. 9. Your petitioner drafted the attached stipulation (marked as Exhibit B) and presented it to the parties for signature. 10. Neither Marilyn Gerber nor Richard Rupp, Esquire on behalf of Frederick E. Gerber, II have signed the proffered stipulation. 11. Petitioner requests this Honorable Court issue a Citation for the parties to show cause at a hearing to be scheduled by the Court why the stipulation should not be made an Order of Court. 12. Petitioner further requests this Honorable Court issue a Citation for the parties to show cause why counsel fees should not be assessed against Marilyn Gerber and Frederick E. Gerber, II in an amount set by the Court. WHEREFORE, Petitioner, Jacqueline M. Verney, Esquire requests this Honorable Court issue a Citation to show cause at a hearing scheduled by the Court why the stipulation should not be made an Order of Court and why the parties should not be assessed counsel fees. { :>- ' d-- ~ -0 ({ Respectfully submitted, ~ ~~J---.. fA v~/ cqu ne M. Verney, Esquire #231t7 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Petitioner .~ VERIFICATION I verify that the facts included in the within pleading are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. S 4904 relating to unsworn falsification to authorities. Dated: 1.;2. -;)... ~ -0 i ~kt/~ cq line M. Verney, Esquire ~. .'?-- '1 1 --~ - _. ~-~.- ..................~....,. .... .~."'...I."........~"'. 9....:.....I.Ul...vr..c.:........ . .-:....::. - ."It 1', ,.A~RcrXiss'oNAL,c,?~~RAn.l)l.l:;";'~:""~~""""'~"" ~ ',,~.l ',1l1lV ~O.R't[;i. zl "".:-_.... : .... ...,. '" .' .""..:, ...~.",~~", ,....\o.....\l~ ....~'~'::~-.:~ i"'J . " ." , ""~,,,-,~,., , .....:,..,:. IN RE: MILDRED J. GERBER TRUST UNDeR AGREEMENT dated December 19, 1997 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY : COMMONWEALTH OF PENNSYLVANIA : ORPHANS' COURT ~'SION ~ NO. 21-2002-0540 IN RE: FRED E. GERBER TRUST UNDER AGREEMENT, dated July 29, '994 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY ~ COMMONWEALTH OF PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21 - , 998-0195 ORDER AND NOW, this U- ~"y of h ' 2003 upon PetitIon of the Frederick E. Gerber, II, cccountant and trustee in the above referenced Trusts.. Ql\d upon consents of Jacqueline Verney Esquire and PNC Sank, Guardian of the Estate of Mildred J. Gerber, now deceasQd, IT IS HERESY ORDERED: Jcu:queline M. Verney, Esquire.. is hereby substituted for PNC Bank In fhe above captioned actions for purposes of prosQcuting the obiections filed by PNC 8ank. ::,:,Copi,es,;."of this ORDER shall be served upon all interested parties. ~,' ";; ~~ :""': C;_ " ~ '; r- N :':''1 .' ./ . J. ,., c.t '..;... '~'i P j) .~..~ l' "J_ '...~ j.-; ii) :::: :)t: .l:;:-'C (IAI' INRE: MILDRED J. GERBER TRUST UNDER AGREEMENT DATED DECEMBER 19, 1997 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : NO. 21-2002-0540 INRE: FRED E. GERBER, SR. TRUST : NO. 21-1998-0195 UNDER AGREEMENT DATED JULY 29, 1994 STIPULATION OF PARTIES IT IS HEREBY STIPULATED AND AGREED by and among counsel for their respective clients and the parties in the above matters that the following terms and conditions shall apply to the proceedings before Auditor William A. Duncan, Esquire, regarding the audits of the above captioned matters: A. With regard to Docket No. 21-1998-0195: 1. Accountant, Frederick E. Gerber, II shall file an accounting for the time period January 1,2002 to December 31, 2004 on or before January 28, 2005. 2. Accountant, Frederick E. Gerber, II shall file along with the accounting for the time period January 1, 2002 to December 31, 2004, an informal accounting indicating estimated expenditures from January 1,2005 through July 1,2005. 3. If Objections are filed to the accounts filed as contemplated in paragraphs 1 and 2, the parties agree that William A. Duncan, Esquire shall be named as the Auditor for said audits. 4. Upon the filing of Objections, Discovery may commence as to the new accounts and said Discovery shall end by May 31, 2005. (. x. ." t3 II 5. Discovery on the previously filed account may continue once this stipulation has been executed. 6. A status conference shall be held on June 8, 2005 at 9:00 a.m. at a location designated by the Auditor. 7. A pre-trial conference shall be held on July 7, 2005 at 9:00 a.m. at a location designated by the Auditor. A pre-trial memorandum is due on said date setting forth the parties respective positions, any legal authority the Auditor's attention should be directed to and a list of witnesses with a brief summary of what each witness will testify to. 8. Hearings are set for July 18, 19, and 20, 2005 with a possible continuation ifnecessary~ The location of the hearings shall be designated by the Auditor. Hearings shall begin at 9:00 a.m. and end at 4:15 p.m. The lunch break shall run from 12:00 noon to 1: 15 p.m. 9. Suggested findings of fact, conclusions oflaw and a brief in support thereof shall be due 40 days from the date the transcript is filed. 10. The Report of the Auditor shall be due on or before November 15,2005. 11. The parties and their counsel were sworn by Auditor Duncan which was attested to by Second Deputy Register of Wills, Roger S. Kelly to agree to these Stipulations. 12. The parties and counsel agreed that facsimile signatures were binding on them. B. With regard to Docket No. 21-2002-0540: 1. Accountant, Frederick E. Gerber, II shall file a restated and amended accounting by January 28, 2005. 2. If Objections are filed to the restated and amended accounting, the audit shall proceed on the same schedule as Docket No. 21-1998-0195: A. Discovery shall commence once Objections are filed and Discovery shall end May 31, 2005. B. A status conference shall be held on June 8, 2005 at 9:00 a.m. at a location designated by the Auditor. C. A pre-trial conference shall be held on July 7, 2005 at 9:00 a.m. at a location designated by the Auditor. A pre-trial memorandum is due on , said date setting forth the parties' respective positions, any legal authority the Auditor's attention should be directed to and a list of witnesses with a brief summary of what each witness will testify to. D. A Hearing on the matter is set for July 18, 19, 20, 2005 with a possible continuation if necessary. The location of the Hearing shall be designated by the Auditor. The Hearing shall begin at 9:00 a.m. and end at 4:15 p.m. The lunch break shall run from 12:00 noon to 1:15 p.m. E. Suggested findings of fact and conclusions of law and a brief in support thereof shall be due 40 days from the date the transcript is filed. F. The Report of Auditor shall be due on or before November 15,2005. 3. The parties and their counsel were sworn by Auditor Duncan which was attested to by Second Deputy Register of Wills, Roger S. Kelly to agree to these Stipulations. 4. The parties and counsel agreed that facsimile signatures were binding on them. RUPP AND MEIKLE By: Richard C. Rupp, Esquire 335 North 21st Suite 205 Camp Hill, PA 17011 Attorneys for Frederick E. Gerber, II ~~~lh . {/L~L-L-~ \ acq eline M. Verney, Esquire 44 S. Hanover Street Carlisle, PAl 7013 Attorney for Mildred J Gerber per Order Dated June 27, 2003 Marilyn J. Gerber 717 Market Street, #317 Lemoyne, P A 17043 Pro Se CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the attached was served upon the following on the date indicated by placing the same in the United States Mail, postage prepaid: Marilyn Gerber 717 Market Street #317 Lemoyne, P A 17043 " Richard C. Rupp, Esquire Rupp and Meikle 355 North 21 sl Street Suite 205 Camp Hill, PA 17011 William A. Duncan, Esquire One Irvine Row Carlisle, P A 17013 Date: I:).. ';)...d-.-o<f k,~ ac eline M. Verney, Esquire # 3167 44 South Hanover Street Carlisle, PAl 70 13 (717) 243-9190 Petitioner