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Home My WebLink About06-20-05 ~ ~Lk/ ~: . ~i: ~ ~' ,~!iUtd tie - ~~~J -/J ~dtadui(f ~.~d-f MJ ~ {Juff(r~ . ,. l? 7 }50 3- S-;rO '" It . 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 NO. 21-2002-0540 r", " .- -, OBJECTIONS OF SECOND AND FINAL ACCOUNT BY PNC BANK, N.A. MILDRED J. GERBER, SUCCESSOR TRUSTEE -'". -,,,-,. NOW COMES, Marilyn Gerber, Pro Se, as Petitioner and first child and a fulf-': beneficiary of the Mildred J. Gerber Trust and objects to the Second and Final Account, filed with the Orphans' Court of the Court of Common Pleas of Cumberland County, on or about May 18,2005, for the following reasons: 1. The objector, Marilyn Gerber is the first child of Mildred J. Gerber and a beneficiary of the Mildred J. Gerber Trust. 2. Mildred J. Gerber established the Mildred J. Gerber Revocable Trust on December 19,2005 (the "Trust"). The Beneficiary subsequently amended and restated the Trust on August 2,1999, and again amended the Trust on January 25,2001. 3. Mildred J. Gerber was deceased on January 14,2003 and the Trust became Irrevocable. 4. Frederick E. Gerber,1I the son of the Beneficiary, was the Trustee of the Trust from at least January 1,1998 until October 3,2001. 5. On October 3,2001, pursuant to the an alleged authority by PNC Bank, PNC Bank removed Frederick E. Gerber,1I the Accountant and appointed itself as \J' " '\ successor trustee. Frederick E. Gerber,1I filed objections to this action with the Orphans' Court. 6. The Accountant,Frederick E. Gerber, II filed a First and Final Account for the Trust on July 8,2002 which was ordered by this Court due to PNC Bank filing a citation demanding an accounting of this Trust. 7. Frederick E. Gerber,1I failed to file a complete Account of the Trust and only filed from January 1998 to December 31,2000. PNC Bank failed to file any objections or petitions to order Frederick E. Gerber,1I to comply per this Court's order of June 2001. 8. PNC Bank and Marilyn Gerber, the Petitioner filed Objections to this Account on or about August 27,2002. 9. On or about November 22,2002, Judge Hoffer ordered an Audit of this Account and appointed William A. Duncan, Esquire as Auditor. 10. A hearing on the Account is tentatively scheduled for September 7,8,9, 2005. There have been many delays by the former Trustee, Frederick E. Gerber,1I and in November 2005, the former Trustee, agreed to include Accounting for the years 2002,2003,2004 for the Fred E. Gerber,Sr Trust which are concurrently being heard with the Account of this Trust. Frederick E. Gerber,1I filed his Accounting on January 28,2005 per Judge Oler's order but he only filed for the years 2002,2003,2004 and did not file any Accounting for the projection of expenses for the year 2005 for the Fred E. Gerber,Sr Trust. 11. The Account fails to conform to the fiduciary accounting standards set I \ .. forth in Supreme Court Orphans' Court Rule 6.1, and breaches Accountant's duty to render a clear and accurate account. In particular, the Account: (a) fails to state any information of beginning balances and the source of the existing beginning balance of this Trust and from what source this balance does consist of. (b) fails to report with specificity and accuracy to gap between October 21,2003 to the present of investment assets and only starts reporting investments such as the Blackrock Funds Low Duration Bond, Blackrock Funds Managed Income, and Black rock Funds Managed Income portfolios as beginning in December 22,2003 and fails to indicate with any specificity the costs per share, the income or losses monthly on these investments and fails to indicate the absence of investments from October 21,2003 to December 22,2003 or if there were any other investments during the period from October 21,2003 to December 22,2003. (c) fails to indicate in what form the $105,674.02 is invested in, what institutional investment product as money market funds, interest bearing accounts, and what gains and losses are involved with this above stated amount from October 21,2003 to may 16,2005. (d) fails to state with specificity and clarity the investments listed on page four (4) of their Account where the assets came from for investments in institutional products for the dates April 26,04, April 26, 04, October 20,04, December 12,04, January 6,05, and May 3,05 as well as PNC Bank reports losses of $1.018.77 which constitutes income wasting of this Trust. (e) fails to report with specificity any monthly investments, amount of shares, I t \. share value, and why losses were consistent during this period. . (f) fails to report with specificity any information on the investments made with PAR USA TREASURY NOTES for June 1,04 and July 28,04 nor does the Accountant state if these notes are being held until May 31 ,2006 and January 1 ,2006 or if they have already been cashed out and if any fees or penalties were incurred. It is unclear if there is actually #39,970.40 and $39,703.00 in USA Treasury Notes and they are not redeemable until June and January 2006 or if they have been cashed out in which case, no commissions or penalties have been reported. On page 11, the Accountant indicates interest from USA Treasury Bills but only for the dates of October 20,04 until January 6,05 and then provides no information on this investment. The is true on page 11 of USA Treasury Bills for June 1 ,04 until May 3,05 and provides no information on these investments in terms of gains, losses, purchases and sale of. (g) fails to report with any specificity or clarity on page 11 the history of purchase, gains or losses, commissions of the Balckrock Funds Duration Bond, the Blackrock Funds Managed Income, Blackrock Money Market, and the Blackrock Liquidity Funds Tempfund on page 12. The Accountant fails to provide any specificity of the amount of shares, when purchased, when sold, and the interest gained on the amount of shares and again fails to inform why there are only investments with these investments products from the period of listed and no investments after May 3,04, July 1,04 and May 2,05. 2. The Accountant fails to inform any information on the reserve amounts I " \ that PNC Bank is holding for legal fees or explain if the $20,000 is invested and gaining any interest. The Accountant fails to inform why such a large fee is being held in reserve for LEGAL FEES when PNC Bank is charged with producing income and not expending and wasting income on legal fees for the Trust. 3. The Accountant does not indicate where PNC Bank has taken action to recoup the extraordinary losses which Frederick E. Gerber,1I removed from the Mildred J. Gerber Trust from 1998 to 2001. 4. The Accountant fails to validate the extraordinary legal fees for a Trust account that has or had only $106,454.48. This amounts to predatory banking and is income wasting of the Trust. 5. The Accountant fails to explain with specificity the Trustee's Compensation from November 05,03 to May 5,05 and for what amount of moneys and investment administration these monthly fees were calculated. 6. The Accountant fails to explain the increased UGI charges in December 04 January 04 and February 04 when the property at 623 Hilltop Drive, New Cumberland, PA was vacant and utilities should have been at a very minimum. This constitutes poor management and wasting of the assets. 7. The Accountant fails to explain the income wasting of $6.442.45 for the tangible personal property of Mildred J. Gerber and Marilyn Gerber when this matter of personal property could have and should have been mediated by PNC Bank as Trustee as an attempt to defer extraordinary and unnecessary expenditures. PNC Bank made no attempt to mediate and work with the beneficiaries to ". ~ distribute the personal property but instead has taken a hostile position with the Petitioner. PNC Bank has also allowed personal tangible property to be taken from the residence of Mildred J. Gerber during her life and after her death without declaration of value and distribution of tangible personal property to the Court and all beneficiaries. PNC Bank has failed to marshall all of the tangible personal property of Mildred J. Gerber and left valuable personal property in the residence after October 3,2003 and up to the sale of this residence to Mr. & Mrs. Rhoads in February 2004. 8. PNC Bank has failed to file claims of damaged property which occurred in the residence of Mildred J. Gerber and was notified of such damages by the Petitioner in April 2001. 9. PNC Bank fails to list the remaining outstanding note on the loan which PNC Bank made to Jane Heflin and state with specificity the accrued interest that has been earned with the remaining balance that exists on this loan of the purchase of Mildred J Gerber's automobile to Jane Heflin. 10. PNC Bank fails to make any attempts to stop the ballooning legal fees by Rhoads & Sinon by making attempts with all the beneficiaries to work out a settlement. PNC Bank refuses to dialogue with Marilyn Gerber but maintains a hostile and costly relationship with her in her attempts to protect the assets of this Trust. 11. PNC Bank has failed and refused to reimburse the expenses of 0, J Marilyn Gerber for travel and related expenses to visit her mother, Mildred J. Gerber from February 2001 to January 2003. PNC Bank has in turn paid each and every financial expense submitted to them by Frederick E. Gerber,1I and Jane Heflin without question. 12. PNC Bank fails to explain with specificity the high fees to Hughes, Albright, Foltz and Natale and failed to save expenses by sharing or working with all beneficiaries for the retrieval of court recording expenses. 13. PNC Bank fails to explain expenses for property maintenance for $240.00 to D&F Lawn care in February 2004 and $80.00 for property maintenance to D&F in January 04. This residence had been transferred to the Executor for sale and therefore the Petitioner questions why PNC Bank is paying for these expenses which constitutes wasting of the assets. 14. PNC Bank fails to state with specificity the payments for PENNA Department of Revenue for Fiduciary Income Tax for 2003 and 2004 and fails to explain on how much income and the expenses that were deducted. 15. PNC Bank to explain why the majority of the asset value of the Mildred J. Gerber Trust has been paid to Rhoads & Sinon for legal fees and their extraordinary administrative fees when they generated investment losses which constitutes income wasting of the Trust. PNC Bank has essentially wiped out the asset value of this Trust and future expectation of inheritance for the beneficiaries. , ~ , 16. PNC Bank has failed to explain and put aside moneys for arguing the objections which they filed in August 2002 for their objections to the Accounting from Frederick E. Gerber,1I for his Accounting from 1998 to 2002 of this Trust. 17. PNC Bank after removing this Trust from Frederick E. Gerber,1I in October 2003 for his mismanagement of this Trust NOW wants to resign as the Trustee and RETURN this Trust to Frederick E. Gerber,1I after they incurred huge legal fees and administrative to remove Frederick E. Gerber,1I in October 2003 and attempt to remove themselves from any surcharge. This Objector objects to all expenses taken by PNC Bank and also paid to Rhoads & Sinon to remove the Trust from Frederick E. Gerber,1I and then for all expenses charged to this Trust to try to return this Trust to Frederick E. Gerber,1I as this constitutes wasting of assets. 18. PNC Bank has conspired with Frederick E. Gerber,11 and Jane Heflin since December 2000 to the present to defraud Marilyn Gerber of her beneficiary right of inheritance from this Trust by wasting the assets of this Trust due their hostile and acrimony of Marilyn Gerber. 19. Objector reserves the right to raise further objections that may arise from time to time. 20. PNC Bank failed to produce and generate income for this Trust but instead wasting the majority of the assets of this Trust for their own fees and moneys paid to Rhoads & Sinon. WHEREFORE, Marilyn Gerber,Pro Se as beneficiary and child of Mildred J. . , .. Gerber respectfully requests that this Court: (a) deny the request of the Accountant, PNC Bank to confirm the Second and Final Account of the Accountant for the Mildred J. Gerber Irrevocable Trust dated December 19,1997, as filed and (b) surcharge PNC Bank for the amount of distributions and disbursements improperly paid from the Trust as set forth in the foregoing Objections. Respectfully submitted, , Marilyn Gerber, Pro Se 717 Market Street,#317 Lemoyne, PA 17043 717 503-5280 Date: ~(~ /;OJ . . -<I' PROOF OF SERVICE I hereby certify that on this ,ft.o ~y of ~. 200{ a true and correct copy of the foregoing Objections of Mildred J. Gerber Trust was served by means of United States mail, first class, postage prepaid, upon the following: Joanne Christine, Esquire Rhoad & Sinon One South Market Square PO BOX 1146 Harrisburg, PA 17108 Richard Rupp,Esquire 355 North 21 st Street Camp HiII,PA 17011 . ~ BY: ~ . M rilyn G e Date: ~ /g-/~r , . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PA ORPHANS' COURT DIVISION NO.21-2002-540 AGREEMENT OF TRUST OF MILDRED J GERBER SETTLOR DATED 02/19/97 AS REVISED AND RESTATED SECOND AND FINAL ACCOUNT OF PNC BANK, NATIONAL ASSOCIATION SUCCESSOR TRUSTEE PER APPOINTMENT DATED 10/03/01 ACCOUNTING OCTOBER 21 2003 TO MAY 16 2005 PURPOSE OF ACCOUNT: THE TRUSTEE OFFERS THIS ACCOUNT TO ACQUAINT INTERESTED PARTIES WITH THE TRANSACTIONS THAT HAVE OCCURRED DURING ITS ADMINISTRATION OF THE TRUST 0 IT IS IMPORTANT THAT THE ACCOUNT BE CAREFULLY EXAMINED. REQUESTS FOR ADDITIONAL INFORMATION OR QUESTIONS OR OBJECTIONS CAN BE DISCUSSED WITH: PNC BANK, NATIONAL ASSOCIATION C/O DAVID A BROWN VICE PRESIDENT POBOX 308 CAMP HILL, PA 17001-0308 TELEPHONE (717) 730-2382 JOANNE E BOOK ESQUIRE ATTORNEY I.D. #82028 RHOADS & SINON LLP 1 SOUTH MARKET STREET POBOX 1146 HARRISBURG, PA 17108-1146 TELEPHONE (717) 233-5731 ) -.....-.... " 0' -., r' - 1 - '. . MILDRED J GERBER 27-27-001-3906031 SUMMARY AND INDEX PRINCIPAL PAGES RECEIPTS 3 - 3 106,454048 NET GAIN/LOSS ON CONVERSIONS 4 - 4 1,918077- ADJUSTED BALANCE 104,535071 LESS DISBURSEMENTS 5 - 6 92,848026- BALANCE BEFORE DISTRIBUTIONS 11,687045 DISTRIBUTIONS TO BENEFICIARIES 7 - 8 8,262046- PRINCIPAL BALANCE ON HAND 9 - 9 3,424099 INVESTMENTS MADE 10 - 10 CHANGES IN INVESTMENT HOLDINGS INCOME RECEIPTS 11- 12 6,764063 LESS DISBURSEMENTS 13 - 13 1,794000- BALANCE BEFORE DISTRIBUTIONS 4,970063 DISTRIBUTIONS TO BENEFICIARIES 000 INCOME BALANCE ON HAND 14 - 14 4,970.63 COMBINED BALANCES REMAINING 8,395.62 - 2 - . MILDRED J GERBER 27-27-001-3906031. RECEIPTS OF PRINCIPAL BALANCE PER ACCOUNT FILED: 105.674.02 CAPITAL GAIN DISTRIBUTIONS REINVESTED -------------------------- 12/22/03 38.208 UTS BLACKROCK FUNDS LOW DURATION BOND PORTFOLIO FUND 87 INSTITUTIONAL CLASS 387043 12/22/03 250478 UTS BLACKROCK FUNDS MANAGED INCOME PORTFOLIO FUND 13 INSTITUTIONAL CLASS 265099 12/22/03 120169 UTS BLACKROCK FUNDS MANAGED INCOME PORTFOLIO FUND 13 INSTITUTIONAL CLASS 127004 TOTAL PRINCIPAL RECEIPTS 106,454048 ------------ ------------ - 3 - <, . MILDRED J GERBER 27-27-001-3906031' GAINS AND LOSSES ON SALES AND OTHER DISPOSITIONS GAIN LOSS 4/26/04 8 , 7440 57 UTS BLACKROCK FUNDS LOW DURATION BOND PORTFOLIO FUND 87 INSTITUTIONAL CLASS PROCEEDS: 88,232071 ACQUISITION VALUE: 89.414.38 1.181.67- 4/26/04 1,438.349 UTS BLACKROCK FUNDS MANAGED INCOME PORTFOLIO FUND 13 INSTITUTIONAL CLASS PROCEEDS: 14,800061 ACQUISITION VALUE: 150170.43 369.82- 10/20/04 20,000 PAR USA TREASURY BILLS DATED 07/08/04 DUE 01/06/05 PROCEEDS: 19,851.50 ACQUISITION VALUE: 190851.50 000 12/02/04 10,000 PAR USA TREASURY BILLS DATED 07/08/04 DUE 01/06/05 PROCEEDS: 9,925.75 ACQUISITION VALUE: 90925075 000 1/06/05 10,000 PAR USA TREASURY BILLS DATED 07/08/04 DUE 01/06/05 PROCEEDS: 9.925075 ACQUISITION VALUE: 90925075 000 5/03/05 40,000 PAR USA TREASURY NOTES 2050% DUE 05/31/06 PROCEEDS: 39,603.12 ACQUISITION VALUE: 39.970040 367.28- TOTAL GAINS AND LOSSES .00 1,918077- LESS GAIN 000 NET LOSS 1.918077- ---------- ---------- - 4 - r MILDRED J GERBER 27-27-001-3906031. DISBURSEMENTS OF PRINCIPAL 4/12/04 PENNA DEPARTMENT OF REVENUE 2003 FIDUCIARY INCOME TAX 90.00- 8/02/04 RHOADS & SINON LLP ADDITIONAL COUNSEL FEE RE FIRST AND PARTIAL ACCOUNTING 6,506088- 10/05/04 DUNCAN HARTMAN & DOUGLAS PROFESSIONAL SERVICES 9,150000- 10/18/04 CLAUDE C WOLFE AND ASSOCIATES EXPERT WITNESS APPEARANCE 700.00- 10/21/04 RHOADS & SINON LLP LEGAL SERVICES 22,424.66- 11/22/04 HUGHES ALBRIGHT FOLTZ & NATALE PROFESSIONAL SERVICES 2,459070- 11/22/04 ARCHIVE REPORTING & CAPTIONING COURT REPORTING SERVICES 1. 030 0 00- 12/03/04 DUNCAN & HARTMAN PC PROFESSIONAL SERVICES 8,662050- 5/09/05 RHOADS & SINON LLP COUNSEL FEE 13,586056- 5/09/05 DUNCAN & HARTMAN PC AUDITS 6,750.00- TRUSTEE'S COMPENSATION PNC BANK NATIONAL ASSOCIATION COMPENSATION BASED ON PRINCIPAL MARKET VALUE 11/05/03 100049- 12/05/03 100001- 1/07/04 99077- 2/05/04 99.57- 3/05/04 90.54- 4/06/04 90024- 5/05/04 102024- 6/07/04 101.48- 7/07/04 101.23- 8/05/04 87037- 9/08/04 87.09- 10/05/04 86.76- 11/05/04 59.61- 12/07/04 49046- 1/05/05 49009- 2/07/05 48079- 3/07/05 48.42- 4/05/05 48.07- 5/05/05 37.73- 1,487.96- 5/16/05 RHOADS & SINON LLp RESERVE FOR LEGAL FEES 20,000.00- - 5 - . MILDRED J GERBER 27-27-001-3906031- DISBURSEMENTS OF PRINCIPAL TOTAL PRINCIPAL DISBURSEMENTS 92,848026- ------------ ------------ - 6 - " MILDRED J GERBER 27-27-001-3906031' DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES FOR ACCOUNT OF MILDRED J GERBER CASH DISTRIBUTED UGI UTILITIES INC GAS SERVICE 10/28/03 58.14- 11/26/03 50.54- 12/30/03 212070- 1/28/04 234.86- 2/10/04 141.84- 698008- PPL ELECTRIC UTILITIES MONTHLY ELECTRIC SERVICE 11/14/03 28028- 12/15/03 25024- 1/14/04 35042- 2/12/04 27047- 116041- PENNSYLVANIA AMERICAN WATER COMPANY SERVICE 11/14/03 11. 23- 12/11/03 11. 23- 1/13/04 10.79- 2/11/04 10.50- 43.75- HARRISBURG STORAGE COMPANY STORAGE FEES 11/03/03 335085- 12/01/03 335085- 1/02/04 335.85- 2/02/04 335.85- 3/01/04 335085- 4/01/04 335.85- 5/03/04 335085- 6/01/04 335085- 7/01/04 335.85- 8/02/04 335085- 9/01/04 335085- 10/01/04 335.85- 11/01/04 335.85- 12/01/04 335085- 1/03/05 335085- 2/01/05 335085- 3/01/05 335.85- 4/01/05 366050- 5/02/05 366.50- 6,442045- 11/18/03 GARY RADAABAUGH HEATING WINTERIZING FURNANCE 90.00- - 7 - . MILDRED J GERBER 27-27-001-3906031- DISTRIBUTIONS OF PRINCIPAL TO BENEFICIARIES CONTINUED: FOR ACCOUNT OF MILDRED J GERBER 11/19/03 BOROUGH OF NEW CUMBERLAND SEWAGE/TRASH SERVICE 57.43- 1/15/04 D&F LAWNCARE PROPERTY MAINTENANCE 80000- 2/13/04 D&F LAWNCARE PROPERTY MAINTENANCE 240000- 6/03/04 CAPITOL COPY COPY COSTS 494.34- 8,262046- TOTAL PRINCIPAL DISTRIBUTIONS 8,262046- ---------- ---------- - 8 - 0 I' MILDRED J GERBER 27-27-001-3906031' PRINCIPAL BALANCE ON HAND VALUE ACQUISITION 5/16/05 VALUE INVESTED CASH 3,424.99 3,424.99 TOTAL PRINCIPAL 3,424099 3.424.99 ------------ ------------ ------------ ------------ - 9 - MILDRED J GERBER 27-27-001-3906031' PRINCIPAL INFORMATION SCHEDULES - INVESTMENTS MADE 6/01/04 40,000 PAR USA TREASURY NOTES 2050% DUE 05/31/06 39,970.40 7/28/04 40,000 PAR USA TREASURY BILLS DATED 07/08/04 DUE 01/06/05 39,703000 - 10 - MILDRED J GERBER 27-27-001-3906031 RECEIPTS OF INCOME . BALANCE PER ACCOUNT FILED 3,571.03 INTEREST USA TREASURY BILLS DATED 07/08/04 DUE 01/06/05 10/20/04 73010 12/02/04 55.88 1/06/05 74.25 203.23 USA TREASURY NOTES 2050% DUE 05/31/06 6/01/04 2073- 11/30/04 500000 5/03/05 423.08 920.35 OTHER INCOME BLACKROCK FUNDS LOW DURATION BOND PORTFOLIO FUND 87 INSTITUTIONAL CLASS 11/03/03 183028 12/01/03 182.80 1/02/04 183052 2/02/04 133.32 3/01/04 131.35 4/01/04 131. 64 5/03/04 109067 1,055.58 BLACKROCK FUNDS MANAGED INCOME PORTFOLIO FUND 13 INSTITUTIONAL CLASS 11/03/03 65027 12/01/03 65.13 1/02/04 65.84 2/02/04 67.03 3/01/04 66.88 4/01/04 55016 5/03/04 45097 431. 28 BLACKROCK MONEY MARKET INSTITUTIONAL CLASS FD #01 11/03/03 5053 11/03/03 20084 12/01/03 2.25 12/01/03 17.76 1/02/04 2055 1/02/04 18.24 2/02/04 2.71 2/02/04 17079 3/03/04 2064 3/03/04 15.82 4/01/04 2.90 4/01/04 9.75 5/03/04 2.84 5/03/04 17009 - 11 - MILDRED J GERBER 27-27-001-3906031' RECEIPTS OF INCOME CONTINUED: BLACKROCK MONEY MARKET 6/01/04 2097 6/01/04 71.47 7/01/04 2001 7/01/04 31. 91 247.07 BLACKROCK LIQUIDITY FUNDS TEMPFUND ADMINISTRATION SHARES DH1 7/01/04 1.22 7/01/04 18.79 8/02/04 4056 8/02/04 65.43 9/01/04 5.30 9/01/04 21.72 10/01/04 5.80 10/01/04 22.11 11/01/04 6056 11/01/04 13083 12/01/04 7.21 12/01/04 6003 1/03/05 9.70 1/03/05 7.36 2/01/05 10.54 2/01/05 20.27 3/01/05 10.44 3/01/05 22058 4/01/05 12033 4/01/05 25072 5/02/05 12080 5/02/05 25079 336009 TOTAL INCOME 6,764.63 ------------ ------------ - 12 - MILDRED J GERBER 27-27-001-3906031, DISBURSEMENTS OF INCOME 10/23/03 CUMBERLAND COUNTY FILING FEES 161. 00- 4/12/04 PENNA DEPARTMENT OF REVENUE 2003 FIDUCIARY INCOME TAX 110.00- 4/11/05 PENNA DEPARTMENT OF REVENUE 2004 FIDUCIARY INCOME TAX 23.00- 5/16/05 Reserve for filing fees 1.500.00- TOTAL INCOME DISBURSEMENTS 1,794.00- ---------- ---------- - 13 - MILDRED J GERBER 27-27-001-3906031' BALANCE OF INCOME ON HAND VALUE ACQUISITION 5/16/05 VALUE INVESTED CASH 4,970063 4,970.63 TOTAL INCOME 4,970063 4,970.63 ------------ ------------ ------------ ------------ - 14 - . 3906031 AGREEMENT OF TRUST OF MILDRED J GERBER SETTLOR DATED 02/19/97 AS REVISED AND RESTATED PNC BANK, NATIONAL ASSOCIATION : A:~ : SUCCESSOR BY ---- : TRUSTEE , ~/r) pt. ~ vp - 15 - ...'1 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : DAVID A BROWN BEING DULY AFFIRMED ACCORDING TO LAW DEPOSES AND SAYS THAT HE IS A VICE PRESIDENT OF PNC BANK, NATIONAL ASSOCIATION, THE ACCOUNTANT NAMED IN THE FOREGOING ACCOUNT AND THAT THE SAID ACCOUNT IS JUST AND TRUE TO THE BEST OF HIS KNOWLEDGE AND BELIEF AFFIRMED AND SUBSCRIBED TO : BEFORE ME THIS , ~ DAY : ~~ OF 2 odS- : I HEREB CERTIFY THAT I AM : NOT A DIRECTOR OR OFFICER OF PNC BANK, NATIONAL ASSOCIATION : : : -- CO MQNwsALTIi OF PENNS :VAN ~ Notarial Seal , Denl . ; Sulle~~ ubli Hampden.T~.. CumbEmand County My COmmISSIOn Expires Dec. 1, 2008 MemtHlr, Pp.r>nSylvania As.~alion of Notaries - 16 - 0 INRE: : IN THE COURT OF COMMON PLEAS MILDRED J. GERBER TRUST : CUMBERLAND COUNTY, PENNSYLVANIA UNDER AGREEMENT DATED : ORPHANS' COURT DIVISION DECEMBER 19, 1997 : NO. 21-2002-0540 STATEMENT OF PROPOSED DISTRIBUTION OF PNC BANK, NoAo, SUCCESSOR TRUSTEE OF THE NnLDREDJoGERBERTRUSTUNDERAGREEMENT The balance for distribution as shown on the Second and Final Account of PNC Bank, N.A.,successor Trustee of the Mildred J. Gerber Trust under Agreement dated December 19, 1997, per Appointment dated October 3,2001 is $8,395.62. Distribution of the remaining balance as set forth in said account is proposed as follows: PROPOSED SCHEDULE OF DISTRIBUTION TO: Colonel Fred E. Gerber II, Trustee of the Mildred 1. Gerber Trust under Agreement dated December 19, 1997, for further administration: Principal: Invested Cash $ 3,424.99 Income Cash: $ 4,970.63 TOTAL PROPOSED DISTRIBUTION $ 8.395.62 563806,1 COMMONWEALTH OF PENNSYLVANIA ) C llUV\'iliJ\cu'\L ) SS: COUNTY OF ) On this, the ye day of ,2005, before me, the undersigned officer, , who acknowledged himself/herself to be the PNC BANK, N.A., a corporation, and that he/she, as such , being authorized to do so, executed the foregoing instrument for erein contained by signing the name of the corporation by himself/herself as ~~ I)tt..,O l(.tf,..o1.N'1"'" IN WITNESS WHEREOF, I hereunto set my hand and official seal. //.,.,-------- ,/ '- ------.----- ---M-XS~ (SEAL) COMMONWEALTH OF PENNSYLVANIA . Notarial Seal ~Olse C. 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(JC/ , ::r;:J CiJ t:3 ~.::4. ...- (JC/ (l) .;! sf [g ~ ~ g- g, g, ~. ~ g S' g ~ ~ g, E;; ~ ~ ~ n ~~ ~ >0 0 ~r n~~ ~ ~ o~~a ~~ 8~~ I: ,,~ ..... ..., n ~ tI1 tI:1 Z r tI:1 ~. [tRo~ ~ ~ 0 to ~ ~ ~ ~ ~ n cr"ll':l'~(/)=r: tI:1 ;:lZ~ . tI:1 ~ "Tjo !;b:I ;t::::jO . g~ "Tj ClZ N ~ e lJ.'l. e: ~L.~ to ......~ Z tI:1>-4 ";"" tI:1nld : f [lOtj g ~ ~ z > g; 0 ~ ~ ~ 6 :::; = ~ ;< Z (/) l" et g > ~ tI:1 "Tj f5 ~ to "Tj 0::; ~~.._ o.~...,~ Id""" I >-<: 'i" ~ ~_ g"" W ""'0 ~r ~ :::c Vl ~tI:1~n = . ~ l. =: ..c 0 "'1 0 n ~ ,..... .J::o. l 0 ... ;:J I~:::: ........o......]zn .......'--< 0 -< ~ 00 ;. t:j. w ;;:' > 0 ~ ~ ~ ~ ~ ~ ........~~e ...,"" Set Z ~o 0 ~ ..., 0 "Tj Z "0 0 Id ~ "Tj ".' 0 " RESIGNATION OF TRUSTEE APPOINTMENT OF SUCCESSOR TRUSTEE PNC BANK, N.A., Successor Trustee of The Mildred J. Gerber Revised and Restated Revocable Trust Agreement dated August 2, 1999, and amended on January 25, 2001, hereby resigns as Trustee in accordance with Paragraph 13 of the Trust and appoints Colonel Fred E. Gerber, II, as Successor Trustee in accordance with Paragraph 14(b) of the Trust, such resignation and appointment to be effective upon absolute confirmation of the Second and Final Account of PNC Bank, N.A., Successor Trustee, by the Court of Common Pleas of Cumberland County, Orphans' Court Division. IN WITNESS WHEREOF, intending to be legally bound hereby, PNC Bank, N.A., has n caused this instrument to be executed by its duly authorized representative this ;J?- dayof Itfa'l ,2005. I ATTEST: PNC BANK, N.A. Pd~~.t;l By: ifL-~- Ass,""kv....\- ~~ / . Title: V,{.(.. -;1HfI,I~ 563818.1 . .. COMMONWEALTH OF PENNSYLVANIA ) (, A I ) SS: COUNTY OF l\i~~QI\c\~'\~ ) On this, the ~ day of ~005' before me, the undersigned officer, person~-e~ d ./. , who acknowledged himself/herself to be the (' of PNC BANK, N,A., a corporation, and that he/she, as such , being authorized to do so, executed the foregoing instrument for rein contained by signing the name of the corporation by himselfi'herself as u" -;~. IN WITNESS WHEREOF, I hereunto set my hand and official seal. {' .....--- ---~.-. - - "- - (SEAL) COMMONWEALT .1 F PENNSYLVANIA . Notarial Seal .. ~se C. SUllenberger. Notary Public My Compden.r~., g~~nd County mISSIOn '-^f'I'= Dee. 1, 2008 Member, Pennsylvania ASsociation of Notaries ,