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Home My WebLink About08-08-05 STATEMENT OF ADDITIONAL RECEIPTS AND DISBURSEMENTS OF PNC BANK, NATIONAL ASSOCIATION, GUARDIAN FOR THE ESTATE OF MILDRED J. GERBER, : AN INCAPACITATED PERSON PER DEGREE DATED 03/22/01 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 21-2001-0092 PETITION FOR CONTINUANCE OF AUDITOR -; AND NOW, comes the Petitioner, William A. Duncan, Esquire, Auditor in the above- captioned matter, and files this Petition for Continuance of Appointment of Auditor, making the following statement: 1. On or about June 21, 2004, the Petitioner, William A. Duncan, Esquire, was appointed Auditor in the above-captioned action pursuant to Orphan's Court Rule 8.1 et seq. and the Auditor accepted the appointment. A copy of the Appointment of Auditor and Order of Court is attached hereto as Exhibit "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 and due to scheduling concerns, the Auditor is unable to file a report at this time. 1"., --:,"' "'_:'J ,::"';'1 "n i--:';'l C) -\..~ ~,,2 1..::.:-3 .. ~" ','j I '.~) ,e, -::...;-., .. -, - ~--') ;-':O-ri <.n w If1--. 4. Orphan's Court Rule 8.2 allows this Honorable Court to extend the time to file said report upon application of the Auditor. 5. The Auditor shall present his current billing as to this matter to the Trust and thereafter shall do so regularly. 6. Attached hereto is correspondence marked as Exhibit "B" and provided to the parties related to the Audit. 7. In accordance with the stipulations specified here and above, the Auditor respectfully requests that all pending Motions and Petitions are dismissed without prejudice by the Court. WHEREFORE, Petitioner, William A. Duncan, Esquire, respectfully requests that the time for filing a report in this matter be extended until January 31, 2006. Respectfully submitted, DUNCAN & HARTMAN, P.c. By: ~ Date: t{) 1AD~ William . One Irvine Row Carlisle, PA 17013 (717) 249-7780 C:\AUDlTS\GERBERIP 21Extl:nsion Petition 21.2001-0092 > ~.~~, () ~) .-=i r '-; }) .J 0: J ~) U / I l".- . <;- \ STATEMENT OF ADDITIONAL RECEIPTS AND DISBURSEMENTS: OF PNC BANK, NATIONAL ASSOCIATION, GUARDIAN FOR THE ESTATE OF MILDRED J. GERBER, AN INCAPACITATED PERSON PER DECREE DATED 03/22/01 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION 21-2001-0092 IN RE: APPOINTMENT OF AUDITOR ORDER OF COURT AND NOW, this 21st day of June, 2005, upon consideration of the "Objections of Second and Final Account by PNC Bank, NA of Mildred J. Gerber Estate", filed by Marilyn Gerber, pro se, William A. Duncan, Esquire, is appointed auditor with respect to this matter with the responsibilities and duties normally associated with an auditor in such matters. By the Court, ~ V) -< .J C--:) Joanne E. Book, Esquire One South Market Street P.O. Box 1146 Harrisburg, PA 17018 William A. Duncan, Esquire 'e Irvine Row Carlisle, PA 17013 Auditor Marilyn Gerber, Pro Se 717 Market Street, #317 Lemoyne, PA 17043 Richard Rupp, Esquire 355 N. 21st Street Camp Hill, PA 17011 L~ndsay Dare Baird, Esquire 37 South Hanover Street Carlisle, PA 17013 Jacqueline Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 \.. "'<';'<,,:mae Exhibit" A" Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan 1. Hartman (717) 249.7780 FAX (717) 249.7800 dhdlaw@planetcable.net August 2, 2005 Marilyn J. Gerber 717 Market Street, # 317 Lemoyne, PA 17043 Joanne E. Book, Esquire Rhoads & Sinon, LLP One South Market Square, 12th Floor Harrisburg, PA 17108 RE: Auditorship No. 21-2002-0540 Auditorship No. 21-2001-0092 Dear Attorney Book and Ms. Gerber: It appears that the Objector, Marilyn Gerber, is quite busy with matters pertaining to her Hearings in September contesting the filing of Colonel Frederick Gerber. The matter at hand in the Auditorship for the latest PNC filings is very similar to the first set of PNC filings, which were approved earlier this year. Marilyn Gerber has an Appeal pending with Superior Court, but until Superior Court would find in her favor and Order some further action, we are proceeding with the Second and Final filings by PNC. We are not compelled to have a Status Conference, nor is one deemed to be necessary as the most recent PNC filings do not involve the volume oftransactioDS as did the first set of filings. Therefore, in lieu of a Status Conference, I aITI setting the following schedule. I. The Hearing will be held in early October somewhere between the 3'd and 13th. We hope you can coordinate a date and provide it to me this week. If not, I will schedule a date myself. 2. The Hearing will be limited to one (1) day with Marilyn Gerber providing her case first. Exhibit ".8" STATEMENT OF ADDITIONAL RECEIPTS AND DISBURSEMENTS OF PNC BANK, NATIONAL ASSOCIATION, GUARDIAN FOR THE ESTATE OF MILDRED J. GERBER, : AN INCAPACITATED PERSON PER DEGREE DATED 03/22/01 jECEIVEO AllG 051005 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION,) ~~ C-!-t 21-2001-0092 :~~ c= C'J 1 CO TI f-n C) C:) t-~-~ C"/ , . _~, ,"1 ,- -.) ("") i - -,~-; . -' "2J - (--) ill (:> -n ::-:J , -~I ,'" (]l W ORDER AND NOW, this ~ day of ~\\)~< t , 2005, upon consideration of the attached Petition for Continuance of Auditor, it is hereby ORDERED that the time for William A. Duncan, Esquire, Auditor in the above-captioned action, to file a report for said action is continued until January 31, 2006. BY THE COURT, '61~lo 5 ~lf1) To: rl\f\RIL~N G~e1Z 0"01tNNt: (.&01<- ~111-1 b ])e1/1!2Rt1) T{j : IN tvL DU.1\! tAN I bS&. VIA- ~D0 VL. 0\JV. ~ROV!D\21) B~ Am jAtAb1 TDR.. tiI 11-1.