The URL can be used to link to this page

Home My WebLink About06-03-02 Amy J. Mendelsohn Attorney ID No. 81084 Rhoads & Sinon LLP One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Petitioner IN RE: MILDRED J. GERBER IN THE COURT OF COMMON PLEAS TRUST UNDER AGREEMENT, CUMBERLAND COUNTY dated December 19, 1997 COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DIVISION NO. PETITION TO CITE TRUSTEE TO FILE AN ACCOUNT OF ADMINISTRATION NOW COMES Petitioner, PNC Bank, N.A., by and through its attorneys, Rhoads & Sinon LLP, and files the within Petition to Cite Trustee to file an Account of Administration Pursuant to 20 Pa. C.S.A. g7181, as follows: 1. Petitioner, PNC Bank, N.A., is a national bank with an office at 4242 Carlisle Pike, Camp Hill, Pennsylvania. 2. On March 22, 2001, this Court appointed Petitioner plenary guardian of the Estate of Mildred J. Gerber, Incapacitated Person. 422146.1 3. Mildred J. Gerber created the Mildred J. Gerber Trust Under Agreement, dated December 19, 1997, revised and restated August 2, 1999, and again revised January 25,2001 (the "TrusC). 4. The Trust is revocable and names Mildred J. Gerber and her son, Fred E. Gerber, II, as co-trustees. 5. Article 2 of the Trust provides that during Mildred J. Gerber's lifetime, she is the only beneficiary of the income and principal of the Trust. 6. After its appointment as guardian of the estate of Mildred J. Gerber, Petitioner requested on several occasions that Fred E. Gerber, II resign as trustee of the Trust. Fred E. Gerber, II declined Petitioner's requests for his resignation. 7. On October 3, 2001, Petitioner exercised its authority under Article 14(a) of the Trust as guardian of Mildred J. Gerber to remove Fred E. Gerber, II as trustee, and appoint itself as successor Trustee. 8. Petitioner is required pursuant to 20 Pa. C.S. g5521(b) to collect, maintain and administer the assets of Mildred J. Gerber, including collecting income. 9. Beginning in May, 2001, Petitioner has made numerous requests of Fred E. Gerber, II, via letter and telephone calls to his counsel and to Fred Gerber directly, for an accounting of his administration of the Trust, but never received an accounting. - 2 - 10. While Fred Gerber and his counsel agreed to cooperate in providing an accounting on many occasions, Petitioner never received an accounting. 11. On April 24, 2001, Herbert Rupp, counsel for Fred Gerber, acknowledged Petitioner's demand for an accounting and stated he expected to complete the accounting within 30 days. A copy of this letter is attached hereto and incorporated herein as Exhibit "A." 12. The thirty day period has elapsed and despite Petitioner's numerous requests for over 9 months, Trustee has not provided an account of his administration of the Trust. WHEREFORE, Petitioner respectfully requests that this Honorable Court order a Citation to be issued pursuant to 20 Pa. C.S.A. g7181, directed to Fred E. Gerber, II to show cause why he should not render a full account of his administration of the Mildred J. Gerber Trust Under Agreement, originally dated December 19, 1997, and such other relief as this Court shall deem proper. RHOADS & SINON LLP By: endelsohn, Esquire Suprem Court ID# 81084 One South Market Square P. O. Box 1146 Harrisburg, P A 17108-1146 (717) 233-5731 5/31/02- Attorneys for Petitioner Date: I - 3 - VERIFICATION ~p A. g~~,J , the '" U - PtC~/d..~ of PNC Bank, N.A., deposes and says, subject to the penalties of 18 Pa. C.S. g4904 relating to unsworn falsification to authorities, that he/she is authorized to make this verification on behalf of the PNC Bank, N.A. and that the facts set forth in the foregoing Petition to Cite Trustee to file an Account of Administration are true and correct to the best of his/her knowledge, information and belief. PNC BANK, N.A. BY:4L,~ Title: tAu -;tJrv'S"/t/~ Date: 'S12~/D'- EXHIBIT A LAW OFFICES . RUPP AND MEIKLE A PROFESSIONAL CORPORATION 355 NORTH 215T STREET. SUITE 205 HERBERT G. RUPP. JR. CAMP HILL, PA J 701 J MAILING ADDRESS RICHARD C. RUPP P.O. BOX 395 - (717) 761-3459 CAMP HILL. PA 17001-0395 ANN MEIKLE ERIKSSON (1954-82) E-MAIL: RUPPLAW1@AOL.COM - TELEFAX. (717) 730'0214 April 24, 2002 VIA FAX & US MAIL Amy J. Mendelsohn, Esquire Rhoads & Sinon LLP Twelfth Floor One South Market Square P.O. Box 1146 Harrisburg, PA 17108- 1146 Re: Fred E. Gerber, Sr. Estate and Trust Our File No.: G-3033.05 and G-3033.07 Dear Ms. Mendelsohn: I acknowledge your demands for accountings for both the Fred E. Gerber, Sr. Estate and the Fred E. Gerber, Sr. Trust. I appreciate your attention to these matters as Guardian of the Estate of Mildred E. Gerber. All of the accountings are in process, and as' a result of your demands, I expect to be able to complete the accountings within 30 days. Completion does depend upon my being supplied with the necessary information by the Executor and the Trustee within a reasonable time. Thank you again for being so diligent and caring on behalf of Mildred E. Gerber. It is a great pleasure to have PNC Bank and all of the expertise which Mr. Brown and you exercise on behalf of the Bank for Mildred. Very truly yours, ~' HGR/bk . . . . CERTIFICATE OF SERVICE I hereby certify that on this d rd day Of~-UI'U, , 2002, a true and correct copy of the foregoing Petition to Cite Trustee to file an Account of Administration was served by means of United States mail, first class, postage prepaid, upon the following: Richard C. Rupp, Esquire Rupp and Meikle Attorney for Fred E. Gerber, II 335 North 21 st Street, Suite 205 Camp Hill, PA 17011 StanleyJ.Laskovvski,Esquire Caldwell & Kearns Attorney for Marilyn Gerber 3631 N. Front Street Harrisburg, PA 17110 Mrs. Jane Heflin 270 N. Garfield Lombard, IL 60148 q ~. \-\ r~ Step~