HomeMy WebLinkAbout02-16-01 (4)
MILDUD J. GERBER and
MARILYN J. GERBER,
Plaintiffs
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
vs.
FRED E. GERBER II, TRUSTEE
Defendant
NO. m - /13/ ~1,,-i
dJ - 01 - ~ i~lF-~ I
CIVIL ACTION- EQUITY
NOTICE TO DEFEND
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and notice
are served by entering a written appearance personally or by attorney and filing in writing
with the court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so, the case may proceed without you and a judgment may be entered
against you by the court without further notice for any money claimed in the complaint or for
any other claim or relief requested by the Plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE mIS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT
HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
717-240-6200
MILDRED J. GERBER and
MARILYN J. GERBER,
Plaintiffs
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS COURT DIVISION
vs.
NO. i'-1} - '1 S 3/ C ~~ --r;A~
FRED E. GERBER IT, TRUSTEE
Defendant
CIVIL ACTION- EQUITY
PETITION TO COMPEL ACCOUNTING
AND NOW, Mildred 1. Gerber and Marilyn J. Gerber, Plaintiffs herein, through their
respective attorneys, pursuant to 20 Pa.C.S.A. ~ 7181, allege as follows:
1. Mildred 1. Gerber is an adult individual residing at 623 Hilltop Dr., New Cumberland,
Cumberland County Pennsylvania.
2. Marilyn 1. Gerber is an adult individual residing at 42 Drexel Place, New Cumberland,
Cumberland County Pennsylvania.
3. Fred E. Gerber II is an adult individual residing at 4287 Kearney Lane, Fairfax, VA
22033.
4. On July 29, 1994, Fred E. Gerber, deceased, established a revocable Trust in Cumberland
County Pennsylvania, for the benefit of himself during his life, with provisions that the Trust continue
upon his death. (A copy of which is attached as Exhibit A)
5. Upon the death of Fred E. Gerber in January, 1998, Defendant Fred E. Gerber, II became
successor Trustee of said Trust.
6. Plaintiffs Marilyn J. Gerber and Mildred 1. Gerber are beneficiaries under the Trust of Fred
E. Gerber dated July 29, 1994.
7. Plaintiff Mildred 1. Gerber is the widow of Fred E. Gerber, deceased.
8. Plaintiff Marilyn 1. Gerber is a daughter of Fred E. Gerber, deceased.
9. Defendant Trustee Fred E. Gerber II is a beneficiary of the Trust.
10. Fred. E. Gerber is the son of Fred E. Gerber, deceased.
11. Defendant Fred E. Gerber II is the present Trustee of the Trust of Fred E. Gerber.
12. To the best of Plaintiffs' information and belief, no accounting of the Trust has ever been
made or filed with the court.
13. On May 5, 2000, undersigned counsel for Plaintiff Marilyn 1. Gerber wrote to Lindsay
D. Baird, Esquire, counsel for the Trustee Fred E. Gerber, II, requesting inter alia an accounting of
the Trust assets, liabilities, earnings and a disbursement from the accumulated Trust income or
principle to assist Marilyn 1. Gerber with living expenses, as permitted by the terms of the Trust.
14. On June 5, 2000, Ms. Baird responded and advised, inter alia, that the Trustee:
"is in the process of hiring a CPA to perform an accounting of the
Trust. As soon as it is completed, you will be provided a copy on
behalf of Ms. Gerber. My Client keeps detailed records regarding the
Trust and any disbursements made. He is anxious to satisfy any and
all inquiries."
15. In the correspondence of June 5, 2000, Ms. Baird requested that Ms. Gerber provide
detailed financial statements and information for the Trustee to consider Ms. Gerber's request for a
distribution.
16. On June 9, 2000, undersigned counsel for Ms. Marilyn 1. Gerber advised Ms. Baird that
Ms. Gerber had previously submitted detailed information to Mr. Herbert Rupp, Esq., previous
counsel for the Defendant Trustee and inquired whether that would meet the Trustee's requirements.
17. On August 18, 2000, Ms. Baird, on behalf of the Defendant Trustee, advised undersigned
(~ounsel for Ms. Marilyn 1. Gerber that
"Cot. Gerber is in the process of having an accounting done. We will
provide results fo that concurrent with your providing information we
have requested."
18. The effect of this correspondence was that the Defendant Trustee had conditioned the
release ofthe results of the accounting on the beneficiary's disclosing details of her finances.
19. Since August 18, 2000, undersigned counsel for Ms. Marilyn 1. Gerber has attempted
to contact Ms. Baird to determine the status of the accounting and has received no response.
20. On October 20,2000 and again on October 27,2000, undersigned counsel for Plaintiff
Mildred 1. Gerber wrote to Ms. Baird, requesting an accounting of the Trust.
21. As of November 2, 2000, undersigned counsel for Plaintiff Mildred 1. Gerber had
received no response.
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FRED E. GERBER
REVOCABLE TRUST AOREEj".,iENT
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THIS AGREEMEUT lnade this ). f - day of July, 1994, by and
bet't-leen fRl:D E. GERBE..Tl 1:)1: 623 Hilltop Driye, New CUlo.bc!:'land,
Pennsylvania., 17070, hereinaiter referred to as the "Grantor" and
FRED E. GERBER, hereinafter refer~ed. "Co as the "'l'rust~es".
1. The Grantor hereby transiers to t..'1.e Trustees the p.!:'cper'ty
listed in Sch.edule A annexed hereto, IN TRUST, for the fallowing
purpOS<:1s:
(a) To pay the incotle to the G.!:'antor :':1 ccnve.r.ient
inscallments at least quarter~annually.
(b) '.L'o pay the Grantor, a-c any t:.me or times du!:'ing his
life, such sums from or any part: C~ all ot ~~e principal
as he may request in a written ir.st~ent delivered to
the 'l'rus t.ees.
(c) To pay to the Grantor, at any time or times d~ing
his life, such SUlllS f:r-oIll or any part or all of the
princip~l as the Trustees may, in t~eir di~cretion,
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dete:nnine to be reasonably necessary for his support,
mainterlaIlCe, comfcrt or other benefi::, or to meet th.e
costs of any illness or accident whic~ may affect him.
( Ii) Upon tha de.::. th 0:': the Gralltor, to pay the th.en
remaining principal, it any, as the Grantor may appoint
in favor of his estate or in favo= of others, such power
to be ~~ercisabl~ by him in a wi~: in which he expressly
refers to this power.
(e.) If or to the ex!:ent to which the ~rantor fails
eifectiv~ly to ex.::rcisG the power grar.ted ':0 him in (d)
above, to dis~ose of ~~e principal, if any, remaining on
his death as provided in paragra?h 3, if the Grantor's
~ite, MILDRED J. GERBm~, survives the Grantor. If the
Grantor I ~ wife: does not ~urvi.ve hi.:n, such principa.l shall
be paid to tb~ Gr~ntor's issue s~ivinq hi.:n.
2. Upon the Granto:~'s death, the Trustees shall pay to the
Grantor I s estate an amount equal to the trust's fair share,
determined as praY.ided celo"" of all estate, inheritance arld other
death taxes (including any inti:::cest thereon and penalties with
respect the~~to). federal, state ana other, imposed by reason of
the Gra~tor's death in ~e5pect of property held by t~e trus~ O~
otherwise. The trust's ~air share of sucb tax~s shall be
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(a) Share A shall consist of a sum eq~al to the largest
amount, if any, which c~n pa~3 free of ~ederal estate tax
in the Granter's ~statl.: by r'easo~: of the unified credit
against federal estate tax allo';Vable to the Grantor I S
estate and the state d~ath tax credit allowable to the
Grantor's estate (provided that use ot thi::o credit does
not result in increasing the amount ot state death taxes
paid), r~duced by the a~gregate cf (l) any items passing
outside of this agreelJ1em:: wuic..'l are required to be
included in the G~dntor's gross estate and ~hich do not
qu~lify tor the fsderal esta~~ tax marital or charitable
deductions I (2.) the a.mount of any a~in:..st:ration ex:pense.s
or the G~antor's ~statl.: vhich arc claimed as income tax
rather than as e5t~te tax deductions, and (J) the amount
of any state d~ath. taxe~ payable by the Grantor' s estate,
including th~ trust's iair share of such taxes payable
under Pa~agra~h 2 herecf.
(b) Share B shall cQnsi.~t of the .Jalance of t.'1e property
directed to J:e disposed of pu:!:'sua~:t 'to the provis ions of
this par~graph.
Share A shall be d i.~posed at as p..:.oviC:ad in par<:....:;raph 4, and
Share 0 ~s provided in paragraph 5.
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4, T.h~ Tru!.:tees shall hol.:.. ShCi.ce A, duri:lg the life of the
Gral1torls \lite, MILDRED J', G.F.:RBE:.~, foT' the follcwing purposes:
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(a) In the discretion of the Trustees, to pay any part
or all of the incOlne to, or iif:::cUlD,I..!late any part or all of
such income fer the be:lefi t of, anyone or more of the
Grantor's wiie ana. his issut:: in any degree, or add any
part o~ ull 0: such inc~~e to the ?rinc~pal of the trust.
IX (b) To pay ~o anyone Qr mc~e or the Grantor's wife and
his issue in any ctegr=e ana t~e Grantor's sister, MR~.
FLORENC~ CAP~E, at any ti~e or times such sums from or
any par~ or Q~l of the rrinc~pal ~s the Trustees may, 1n
their discretion, dete.r:dne to. be reasonably necessary 'C,:)
permi t I:.he pc:z:son to ',,'.t:a::n t.::l.e distrL':u1:io~1 is ~ade 'Co
maintai~l her 'lsual and t1onlu:L st.::.nda:=d of l.i ving I or to
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meet the costs at ani' illness 'Jr a:::cide;:t which may
affect ~uch p~rson; ex~~pt that no amu~~t shall be paid
to the Grantor's u"-fe fr:Jm t.~e pr,Llcipa2.. of Share A until
tha principal Share ;j.I: B, di::::?osed of pursuant to
paragra!Jh 5( has been complec~ly ey...~austed.
(C) To contL1ue t!le ..p:::'i.ncipal if any, relncining at the
death at 'Che Grant0~'5 Jite, i~ ~~ust tor t~e Grantor's
then living childr:::!1, p::'ovi~",d, h,:;weve.'--, th~~t any' of th.:!
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trust shdll ter.l1iLate.
6. Any prop~rty di~e~ted ~t any ti~e to ~e disposed of as
provided in this !?aragl"aph shall be p.lid :'0 such pE:::'sons and in
suc~ aJ:lounts and p:coportion5 as c./ould be e_'1titl~d to receive th~
same under the laW's of the Comm....'lwe.a..~.t:h of pemlsylvania then in
clxistence, if the Gran~or b~d tr.en died intesta~et a resident of
the Commonwealth or PennsylvClnia and rJle o....ner of said pro?erty.
7. If under the ter:ns of O1::her provizions of this trust, any
llloney or other property is !:~qui:!:.-~d \:0 be c:...:..str.:.r:uteci to a person
't/ho is i:I. minor O:l:' T..1ho ':'5 o-::henJi5e under a di~.>abilit1 (such as
incompatency) I such money or oi:her prcp~~~"t.y shall not be 50
dis"t.ributed, but instead shall be held by the Trustees, IN TRUST,
fer the folloving ~urposes:
(a) During tte pe~iod Jf lllirlori::1' or other disability I
th~ 'rruscees shall pay ':0 the minc..:- or ;)thar ?erson under
a J.i.sabi.:.ity an)' ?art o~ all of ';.:le in;;onQ -~r p:t'incipal
as the T;:-ustees ::na~r, in ':heir disc.:-eticn, determine to be
rUCl.50nably ~1~ces~a.rf for sue.:! person I S support,
mainta.T1;-, '-ice, t:ducation, or hea.l th or to tleet t11e costs IJf
any illntilsS or accident. 3.ffectinq sucl~ per:;:::::m.
(b) our:.n<,1 t.~:e pe.::iod:'f llli::.ori"':j or Qt~er disability,
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the Tru~tees may acc~~lat~ any part of the income not
disposed of pursuant to (a) of this paragraph, or they
may add such inco~e to principal.
(0) Upon th~ termination of ~inority or the other
disabili ty I the Trustees shall pay all remai:ling property
to the person ~hose minority or disability has
ter~inated, or in the event ~uch perscn has died before
att~ininq majori~y O~ without ter~ination of tile
disabilir.y, the Tr'J.stecs shall d:.st::-ibute !;;uch prope~ty
to such ~erson's estat~.
(]. l>.ny prope.rty ~",hicb. the ~rust.;.':es are au1:hori~ed to pay to
a person who is a mino~ or othervise under a disability, may, in
the discreticn of the 'l'rustees, De paid for the benefit of such
person ~o a quardi~n or ~o anoth~r individ~al wno is not under a
disabili~y ~ith whom ~~e ~inor or othe~ise dis~bled person
resides. If the trus~e~s ob~ain d recciipt :or any pa~~ent made in
accordance ~ith this provisivn, such receip~ shall fully discharge
them from liabili~y with respect to s~ch paymen~ and from furthar
accountability th=refor.
9 . Whenever t.he 'fzouste.es are. di:cectcd or ~utho.c ized to make
pa~r:J1ents t.o a pe!'"son, the l'r~tees are auth~rize..if in thei.:::
discr~tion, 1:0 apply ::>:.lch payntE:!lts to or fc!: the use of such
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10. Any income wh~cb. h,~s be.:::l ac<.;\.!.mu!:. ::ed l::{ the Trustees tor
the b~nefi~ of a specified person may ue paid to such person at any
time prior to the t=rmi~.ation of -:l1e t.=ust -...hich earned the income
and shall be paid to such person upon suc~ ter~inatlon. In the
eve.:1.t ~hat such pel.-son Jies l.:r-ior to th..:: ter-rinat;.:.on 0:: such trust,
any such accumulated in~ome shall be paid t~ his or her estate.
11. Wherever the Trust~es c~e given t~e d~~cret:onary power
to llI.ake payments from. the principal of a trust, no T:c-ustee who is
a potential recipient cr such a raym~nt m~y ex~rcis~ his or her
discretion in his or heL' own favo'<:'.
12 . The 'l'rJ..;;tees I in exercising any discretionary powers
gi '/en to thf;Dt under any provisiuns ot tlli~ trust, n~ed not take
into ccnsideration any oth=r asse~3 or ~nco~~ own~d by Qr available
to the: pel::;on to WllOlIl. a dl.:icretiona:..y payment: is under
cons ideration, exc;ept 'tha.t the 'I"-:.I.5tees sh.~2l be prollibited from
making any paY1llent in .reoourse~:lt.::nt to ar_y qO'/erru:h~ntal em::i ty
~hich ~ay nave inc~:!:"ed expense f~~ ~~e b~_~fit ~f a jeneficiary,
and the Trtl:.>taes shall not pay .:.ny ohligation ot ~ beneficiary
\<Jhich obliqat::.on is oth=r'Wis~ paya.o)le b~{ any gove::runen:'d.l entity or
pursu.ant to any go-.rerrer.,;.;:1tal. proq:..-axn of. re.:..~c.r:::~ent or ~ayment:..
It is the Grantor I::> prim::J.ry f-',:rpos; in::-::eat.:.ng the tr~sts provided
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distribution ~i a:: as~~ts in th~ir h~llds:
(a) Toceta.:i.l for as ~ong a per~od 0:: time. as they may
considel.- advi.~abla or 9rope!:" any prcparty which may at
any ti::ne be ill their h.:::.nds.
(b) -.fo sell at public '::':: private ::iale .:Jr to exchange any
property \.Ihid: may at an'iti:r:.e be .LD thliir hands, W'ithout
applicati.on 'Co court, on ~ny ::.er:ns which they may
consider advi~ablt: or proper, int.:luding ter1l1S in.volving
an exten::;ion of cr.:.dit .:or any pat: .lad oi t.iln,~ and '.<lith or
without security.
(e) '1'0 inve:::t: in or '~t.."er'...-ise acquire a:>.y property,
without being bound by ~y p~ovi$ion of law restricting
investments by trustee~;r ir..cludillg b\::.t 'no\.: limi.ted to
caL!ll::on and pce.fe::.:red ~toc~_$, ~~cUJ:ed a::.i unsacured
obligations, ~utu~l an~ co~on f~nds, other securities,
martgage~, and L"':ere~, cs a':':.d c?tion;;> in any of the
foregoing.
(d.) To -icqui.l"l~ and ret",in pr';>pert~' Wi~10Ut .~-egard to any
pri:lc:..pl~s of diversificat:..cL.
(e) To ~cqui.::e., .::xerc~:je, :;,~ll :-c a.t:.lndcn conversion,
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Subscription and other eignts an~ opt~ons in connection
with securities ul.- any .other p::operty, and to grant
options tar any pF.'riod of t~me.
(f) To operate, repair, alter, improve, insure, grant
options upon, mortqa:q~:, pa:rtiti::m, or It:ase for any
pel.: iod of time any re.'>.l property or inte.cest in real
property W'hic~ at any time forms part of any trust herein
cr~ated.
(g) To employ and pay ~ves~ent advisers, accountants,
attorneys, bCl).lC<:eepers i clerJcs I ::;tenog:caphers and other
ass.:.stac.ts.
(h) To borrc~ money fc~ anl purpose, including but not
li~ited ~o th~ payment of taxes; this ~ower (except with
rQsgect to the St..are a tn:st f~r the benefit of the
Grantor I s wi~~J 1:.0 include the po we::: to borroW' from.
income for thEe. ben~fit of principal or trom principal for
~le benefit of income, ~ith or w~thout interest, and to
pledge or mortgage p~operty as sec~ity for money
barr-owed.
(i) To lend lIlom::'( or o-chL:l" pr ~l?ert.:r to any person,
corpora:::ion, par-;:ner~.:.li.PI tru~,;: or ot~ler entity,
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includir.g a benef~ciar7 her~~der.
(jJ To ~ake any divis~on or di~~rib~:ion here~nder in
kind or in ca~h o~ partly in eac~.
(k) To determine, in c~se of reasonatle doubt on tlleir
part, -whether any pre-perty cOl::.ing into thei.!:' hands
constit~tes income or principal, ~nd whether any payment
or t:=xpendi tura mad~ by t~em ~21all i)e ch;.irged to income or
to principall bu~ any uistribut~~n by a cc~oration or
association made t.o the l'rus-:.ee.s taxce.blt to t..'1e Trustees
of the. Sllare 8 trust !:or the be~~efit of the Gr~ntor IS
wife) in the shar~s ot the distr~butir.g ccrpora~ion or
associati..on, whether L: the for.::.. of a stuck split or
stuck dl'!idenJ, sh;J.ll l:.~ allocated '..,hclly t;.;J principal.
(1) To place ~e assets of the t.~~st or any part of them
in .;Jne or lllore bank, brokerage I c'UstodiiUl or other
accounts fJith an:; ban:~s, t.rust. cOlll?anies, or stock
brok.eraq~ tirms, aild to pay c'le C8St 0: mai~--;:aining such
account$.
(1:1) fro :naint~in ::.,ank I brob;~rc.gl';o I cu:.:"C.odi..-.n anc. other
accounts ~nde~- t~i:. ti t,~ _~ of 5'RED -=:. GL'WER TRUS'!', or in
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agreem(:nt, or for a.ny <lct or om.:.ssior. of ::tny ether .crustee, or,
unless his conduct atJounts to fra~'d or TJill~ul m.iscon(.l.~ct, for any
act or omission at his'Jwn.
16. Any person, includ:ng'~he G~antor, may, at any t~e and
from tima to time, add additional prop~rty ~y will or otherwise to
the trust, providing such pl..-operty is acceptabl\i: to the Trustees.
Any property so added shall becowe a part of the truzt estate and
be subject in all respects to t~1.e terms and condit.:..ons of this
agre.ement.
17. Any statement sent 'tJy rLqistcred n:.~il c~' delivered by any
Trustee to, or any release ~o a ~rustee signed ~y any beneficiary
who is living and 0f full a~~ anc sound mi~d, O~ any statement so
sent or delivered to, or any releatie siS:1ed on behalf of any
beneficiary by the axec~tor or a~inistrator of any b~neficiary if
the beneficiary is not living, or a parent, gua=dian or committee
or a beneficiary who is living bu~ not of full a~e and sound mind,
shall conclusively discharge the ~rustees f~om any an~ every claim
and demand of an~' suc~ berl.eiiciary W"ith respect ta any matter
contained in such ~tatement or release, except with r~~pect to any
matters in such st:ltem~:lt as tow::iCh ".iritt..m objection is made to
and received. by the T::::-GsteE: rent! '~rin~ the ::'itatement .,ithin sixty
days after th~ st:J.teme~1t h<:s bE.~n S~:1t 0,;;: del":" vered. Any such
releQ.~t::, if gl ve..'1 \.:1 th :::espe(:t to .:l.ll a..:J.ttel:::i relating to t...~e trust
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and the .3.d.ministrat ion thereof, vL:h or 'Without formal or informal
accounting or the rendition ;:)f al~Y stat2.me.!lt slull conclusively
discharge such Tru~tee from a.ll c:..dms of t~1e beteficiary by whom
or on whose b~~alf the release was si~led, and from all claims of
the then living descendam:s ot such beni:!ficiary having no interest
in the trust confl:~ting with thac of ~uch Deneficiary, and from
all clailllS of such beneficiary I S unborn issu~, vL:h respect to all
lnatte.rs relating to the trust or tht: aC!..::dnis'-:.ration thereof,
including claims which ~ere noe di~closed to or not known by such
benef iciary or the person signing be release on such beneficiary's
behalf.
18. A Truste~ may resi;n b~{ executinq and ac~owledging a
written resign~t.ion and deliverir.q it to C-.:.l ac~inq 'l.rustee, if
there iz a. Trustee. acting, or' if not, "the G-ra.ntm: if he is then
living, or if not, to the then incume baneficiary of ~~e trust.
19. The successor Trustee s~all De Celonel Fred E. Gerber,
II.
Th~ Grantor shall have powel- to rell10",re any Tru:3tee and to
designate additional Trustaas or successor Trustees. Any
designat~on shall be revo~dble at any time pr~or to . the
qualification of the person so de~:qnated.
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After the death of the Grantor, the Trustee or Trustees act.ing
from time to time shall have the power to ~esignate additional
Trustees to serve with them or successor Trustees to serve upon the
occurrence of a further vacancy if the successors named herein or
designated as provided herein are unable to act. The powers
provided for by this paragraph shall include the power to designate
different Trustees for different trusts created herein.
The Trustees acting frOM time to time shall have the power to
deliver any or all of the assets of the trust to any Trustee or
Trustees then actinq in any jurisdiction. This power shall include
the po~er to a~inister separate trusts created herein as separate
entities with different Trustees in different jurisdictions. It is
the Grantor I s intention that if the assets of the trust are
delivered to another jurisdiction, they be administered in and
subject to the laws of that jurisdiction.
Each of the powers granted by this paragraph shall be
exercisable by a written and acknowledged instrument. A
designation shall become effective upon the delivery thereof to the
person so designated and the qualification of such person in the
manner hereinafter provided. A.revocation of a designation shall
became effective upon delivery thereof to the person whose
designation is revoked, except that a revocation to be effective
need not be delivered to the person designated if the designation
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has not been deli vered to st:!::h person.
A rerocval shall become
effective upon the deli'/ery af tll.t~ instrumlmt or relr.oval to the
Trustee so removed.
Additional and 5ucce5601- Trust:ees .shall be v~~sted with all the
discretion/authority, rights and immunities and ~e subject to all
of the duties of T:='.Jste€:.s na.::ledp~.:rsual1t to this agreem.ent.
20. Any addi-cional or SUCC3ssor Trustee ~hall qualify by
delivering a written and ackIlowledged accept....nce or the trust to an
acting Truste~, it the:t:e is a T:t"ustetl ac-cing I or if not to the
Gr antor / if he is then li" lng:, or if no':. to the then income
beneficiary of the trust:.
21. FRED E. CiERBE..q hereby ,~ccepts the tr1.:st and agrees to
execute the 3ame t~ tile best ofh~3 ability.
22. The trust shall be revocable by the Gra..'"ltor I at any ti.n1e,
and either in whole or in part,_
The Gr~lcor ~ay, in addition,
cll.uend or modify this ag~eemellt,'at any tille.. in any way whatever.
Any such revocation, alnundmcnt or modi:icat:..on shall be made by a
written and ackno'.dedged instrument deL"/ere~ t.o be acting
Trustees.
Atter t..'1e d~at.h of :ele Grantor, the trust cannot ba
revoked or ~ended, and no part of th~ incc~e or prL~cipal of the
trust can be transferred, pledg~..;. or I)th~ 'Mise alie..:lated by any
20
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beneficiary, or become subject to the debts of an.y beneficiary.
23. Unless the governing la\l has been chan':fed by removal of
assets to another jurisdic1:.ion, this agreement and eac...'1 trust
creatad hereunder shall be const~led and regulat2d by the laws of
the Commonwealth of Penr~ylvania.
III WITNESS WHEREOF the parties have ex:ecutad this agreement
as of the day and year :irst abov~ wricten.
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__'or .~
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FRED E. G ~~, Grantor
A~ .
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FREJ 4 GERB.E...~, Trustee.s
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COMMONWEALTH OF PENNSYLVANIA
58.
COUNTY OF C::'vj~""":J}
'YJ -r)
On this t the oCl _ day of July 1 195 '. r before me, a Notary
Public I personally appeared FRED E,. G:E:RBEl\, Grantor, known to m.e
{or satisfactorily proven} to be the person whose name 'is
sUbscribed to the foregoing instl~ent and also acknowledged that
he executed the same for the purposes 'cnerein contai~ed.
IN WITNESS WHEREOl:' t I have :-~ereu...'1to set my hand. and official
seal.
(NOTARY SV.L)
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;\ NOTARY P~~LIC
Hy Commissioa Expires;
:fJt"pJVL seAL
VD:Y A. GO.l~. .,~
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