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Home My WebLink About01-25-05 (2) IN RE: FRED E, GERBER, SR. : IN THE COURT OF COMMON PLEAS TRUST UNDER AGREEMENT : CUMBERLAND COUNTY, PENNSYLVANIA dated JULY 29,1994 : ORPHANS' COURT DIVISION : NO, 21-1998-0195 IN RE: MILDRED J. GERBER : IN THE COURT OF COMMON PLEAS TRUST UNDER AGREEMENT : CUMBERLAND COUNTY, PENNSYLVANIA dated DECEMBER 19,1997 : ORPHAN'S COURT DIVISION '" : NO, 21-2002-0540 (> = '';;;0 = CD c.n rn --n~(J '- f...-:' ;:0.- (J ~j ;~:: f;; :;1: --_,OJ N CJ -,:;;;! U'i t: n }, -J PETITION FOR CONTINUANCE OF AUDITOR 0 bo ' (-) -'n ; -7.., -,.""~ ~::J ~ 1:"'-) , rn AND NOW, comes the Petitioner, William A, Duncan, Esquire, Auditor in- the abo~ ,;/)C:) -., captioned matters, and files this Petition for Continuance of Appointments of Auditor, making the following statement: 1. Petitioner, William A. Duncan, Esquire, was appointed Auditor in the above-captioned actions pursuant to Orphan's Court Rule 8.1 et seq" on or about December 4,2002, for No. 21- 1998-0195 and thereafter, on or about November 25,2003, for No, 21-2002-0540, The Auditor accepted the appointments and received the files in due course. Copies of the Appointments of Auditor and Orders of Court are attached hereto as Exhibits "A", 2. According to the Order of Court, the Auditor is to file a report after consideration of all issues raised by Objectors, 3, - Due to the additional legal issues presented by the parties relating to the audit, the Auditor is unable to file a report at this time. Further, your Auditor believes that further accounts will be filed of record with the Office of the Register of Wills and that your Auditor will be consolidating all Hearings to effect judicial economy. 4. Orphan's Court Rule 8,2 allows this Honorable Court to extend the time to file said reports upon application of the Auditor, S, The Auditor shall present his current billings as to these matters to the Trust and thereafter shall do so monthly, 6, Attached hereto and marked Exhibit "B" is an Order entered by Judge Oler on January 14, 200S, related to the Audit. This Petition for Continuance is consistent with the Order. WHEREFORE, Petitioner, William A, Duncan, Esquire, respectfully requests that the time for filing his reports in these matters be extended until November IS, 200S. Respectfully submitted, DUNCAN & HARTMAN, P.C, By. UJ.cULh lCaA----- William 'A. Duncan, Esquire v One Irvine Row Carlisle, PA 17013 ~l ~7)249-7780 , APPOINTMENT OF AUDITOR IN RE: FRED E. GERBER TRUST IN THE COURT OF COMMON PLEAS UNDER AGREEMENT, DATED CUMBERLAND COUNTY JULY 29, 1994 COMMONWEALTH OF PENNSYLVANIA ORPHANS' COURT DIVISION , NO. 21-1998-0195 ORDER AND NOW, DECEMBER 4, 2002, WILLIAM A, DUNCAN, ESQUIRE, IS HEREBY APPOINTED AUDITOR TO PASS UPON THE OBJECTIONS FILED TO THE FIRST AND PARTIAL ACCOUNT OF FREDERICK E. GERBER, II, TRUSTEE FOR THE PERIOD FEBRUARY 28, 1998 THROUGH DECEMBER 31, 2001, IN THE ABOVE-CAPTIONED MATTER I ,~/,JJLCOURT' e \f-lif'v Is! GEOR~OFFER, P . STATE OF PENNSYLVANIA COUN1Y OF CUMBERLAND WILLIAM A. DUNCAN ESQUIRE, BEING DULY SWORN ACCORDING TO LAW, DEPOSES AND SAYS THAT HE WILL PERFORM THE DTJrIES OF AUDITOR IN THE ABOVE ESTATE WITH FIDELITY: ----------------------~-----~ AUDITOR SWORN AND SUBSCRIBED TO BEFORE ME THIS I4f.Y OF DECE,MBER 200; 4.0. L-' , , '<' "~ t/' 't372-I)';/,2l..-m .lll.0- / ~ ,,~2..? CLERK OF ORPHANS' COURT CUMBERLAND COUN1:I'; L VANIA. EXHIBIT I I~ . AT AN ORPHANS' COURT, Began on Wednesday the30'h day of April A.D. 2003, and holden at Carlisle, in and for Cnmberland County, before the Honorable George E. Hoffer, President and Sole Judge the following proceedings were held to wit: THE PETITION IN RE: FRED E, GERBER TRUST UNDER AGREEMENT, dated July 29, 1994. ORDER OF COURT The Background ofthis Order is as follows: I. The Second and Partial Account for the Revocable Trust of Fred E. Gerber, Sr., was filed with this Court on or about February 28, 2003; and 2. Objections to the Account were timely filed by Marilyn Jo Gerber on April 22, 2003; and 3, The appointment of an auditor and master is necessary and proper; and NOW, THEREFORE, this 30th day of April, 2003, it is hereby ORDERED that William A Duncan is appointed as auditor in the above-captioned proceeding. The Auditor is directed pursuant to investigate all issues of fact raised in and related to Marilyn Jo Gerber's Objections, and to report findings offact, conclusions oflaw and recommendations to the Court with respect to the Objections. The Auditor is empowered to take such actions and shall follow such procedures as provided for: (I) in the Probate, Estate and Fiduciary Code, (2), in the Orphans Court Rules adopted by the Supreme Court of Pennsylvania, and (3) in the Local Rules ofthis Court. However, the Auditor shall file is report on or before January 31,2004 (rather than within ninety 90 days) unless, upon application, the time is extended by the Court. The Auditor shall be entitled to reasonable compensation for his time and expenses. Compensation for the Auditor shall be set at the rate of$150.00 per hour. Invoices shaH be rendered monthly and paid, initially, by the Residuary Trust Under Will of Fred E. Gerber. Responsibility for payment of the Auditor's compensation shall be subject to possible subsequent modification by the Court. The Auditor is further directed to consult with counsel as soon as practicable and thereafter establish a case management schedule setting forth discovery deadlines, hearing dates, and other case management directives as he deems appropriate. The case - management schedule may e changed by the Auditor on his own, or, in his discretion upon application by any party. BY THE COURT; Isl George E. Hoffer, P.J, Commonwealth of Pennsylvania County of Cumberland William Duncan, Esquire, being duly sworn according to law, deposes and says that he will perform the duties of auditor in the ab e e tat with fidelity: ~ (' ~.",,-- Auditor '=rn "ill '.'""ibol to b"ore m, ili;, _I "T doy of ~ 2OOJ, A.D. ~tLl\...l\.C\....11l- CittJ--.1) ~+ ~A_ V vn:3u' r Clerk of Orphans Court Cumberland Co, ennsylvania . . IN RE: FRED E. GERBER TRUST : IN THE COURT OF COMMON PLEAS OF UNDER AGREEMENT, dated :CUMBERLAND COUNTY, PENNSYLVANIA July 29, 1994 :ORl'HAN'S COURT DIVISION : NO: 21-1998--0195 ORDER OF COURT The Background of this Order is as follows: I. The Second and Partial Account for the Revocable Trust of Fred E. Gerber, Sr., was filed with this Court on or about February 28, Z003; and 2. Objections to the Account were timely filed by Marilyn Jo Gerber on April 22, 2003; and 3. The appointment of an auditor and master is necessary and proper;. and NOW, THEREFORE, this 30th, day of April, 2003, it is hereby ORDERED that William A. Duncan is appointed as auditor in the above-captioned proceeding. The Auditor is directed pursuant to investigate all issues of fact raised in and related to Marilyn Jo Gerber's Objections, and to report findings offact, conclusions oflaw and recommendations to the Court with respect to tbe Objections. The Auditor is empowered to take such actions and shall follow such procedures as provided for: (1) in the Probate, Estate and Fiduciary Code, (2), in the Orphans Court Rules adopted by tbe Supreme Court of Pennsylvania, and (3) in the Local Rules of this Court. However, the Auditor shall me his report un or before January 31, 2004 (rather than within ninety 90 days) unless, upon application, tbe time is extended by the Court. The Auditor shall be entitled to reasonable compensation for his time and expenses. Compensation for the Auditor shall be set at the rate of $150.00 per hour. Invoices shall be rendered monthJy and paid, initially, by tbe Residuary Trust Under Will of Fred E. Gerber. Responsibility for payment of the AuditClr's compensation shall be subject to possible subsequent modification by the Court. The Auditor is further directed to consult with counsel as soon as practicable and thereafter establish a case management schedule setting forth discovery deadlines, hearing . dates, and other case management directives as he deems appropriate. The case management schedule may be changed by the Auditor on his own, or, in his discretion upon application by any party. BY THE COURT: