HomeMy WebLinkAbout12-28-04
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Joanne E. Book, Esquire
Attorney J.D. No. 82028
Heather Zink Kelly
Attorney J.D. No. 86291
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: 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
INRE: : 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
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 (the "Auditor"),
regarding the Objections filed by Marilyn J. Gerber to the following two Accounts filed by PNC
Bank, N.A. (hereinafter referred to as "PNC"):
First and Partial Account of PNC Bank N.A., successor Trustee of the Mildred J.
Gerber Trust Under Agreement dated December 19, 1997, stating transactions
from October 3, 2001 to October 20,2003, filed at Docket No. 21-2002-0540; and
First and Final Account ofPNC Bank, N.A. as Guardian of the Estate of Mildred
J. Gerber, an Incapacitated Person, now deceased, stating transactions from March
23,2001 to October 20,2003, filed at Docket No. 21-2001-092.
5412961
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WHEREAS, a hearing was held before the Auditor on the Objections to PNC's
Accounts on September 28-29, 2004;
WHEREAS, by Orders dated July 8,2004, in both of the above-captioned actions,
the Court continued the time for the Auditor to file a report in both actions until January 31,
2005; and
WHEREAS, the parties wish to agree to a further extension of time in
which the Auditor's report is to be filed in both actions.
IT IS THEREFORE STIPULATED AND AGREED AS FOLLOWS:
1. All pending Motions in the above-captioned actions are hereby withdrawn
without prejudice, the substance and content of such withdrawn Motions to be argued in the
proposed Auditor's Reports to be submitted by the parties.
2. PNC shall file its proposed Auditor's Report on or before January 10, 2005.
Marilyn J. Gerber shall file her proposed Auditor's Report on or before February 9, 2005.
Written rebuttals to the proposed Reports are permitted.
3. The parties agree that the Report of the Auditor in both of the above-captioned
actions shall be due on or before March 31, 2005.
4. The parties and their counsel were sworn by the Auditor, which was attested to by
Second Deputy Register of Wills, Roger S. Kelly, to agree to these Stipulations.
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