HomeMy WebLinkAbout09-29-05
IN RE: ESTATE OF
MILDRED J. GERBER
an incapacitated person
IN RE:
MILDRED J. GERBER TRUST
UNDER AGREEMENT DATED
DECEMBER 19, 1997
IN RE:
FRED E. GERBER,SR.,TRUST
UNDER AGREEMENT DATED
JULY 29, 1994
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: ORPHANS' COURT DIVISION
: NO. 21-01-92
: IN THE COURT OF COMMON PLEAS QF
: CUMBERLAND COUNTY, PENNSYLVA....IA
: ORPHANS' COURT DIVISION
: NO. 21-2002-0540
: IN THE COURT OF COMMON PLEAS dF
: CUMBERLAND COUNTY,
: PENNSYLVANIA
: ORPHANS' COURT DIVISION
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IN RE:
ESTATE OF FRED E. GERBER, SR. : NO. 21-1998-0195
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ORDER OF COURT
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AND NOW this ~ day of September 2005, upon Petition of
Jacqueline M. Verney, Esquire, Lindsay Dare Baird, Esquire, and Richard C.
Rupp, Esquire based on a Family Settlement Agreement and Release in the
above four-captioned Gerber matters, hereinafter referred to as
" Agreement,"
IT IS HEREBY ORDERED:
1. No further accounts are required to be filed by any fiduciary
pertaining to any of the above captioned matters; and
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2. By reason of the attached Withdrawal of Obiections by
Marilyn Gerber attached to the Agreement as Exhibit "H", the Accounts of
PNC Bank N.A. with respect to the above-captioned matters In Re: Estate of
Mildred J. Gerber, No. 21-01-92 and In Re: Mildred J. Gerber Trust under
agreement dated December 19, 1997, No. 21-2002-0540 are confirmed.
3. PNC Bank's Schedule of Distribution, subiect to the payment
of PNC Banks' fees and expenses is approved.
4. PNC Bank, is discharged and released from all liability with
respect to both of the above captioned matters, IN RE: Estate of Mildred J:.
Gerber, No. 21-01-92 and IN RE: Mildred J. Gerber Trust under agreemerU
dated December 19, 1997, No. 21-2002-0540.
5. By reason of the attached Withdrawal of Obiections by
Marilyn Gerber attached to the Agreement as Exhibit "I" and the Withdrawal
of Obiections of Jacqueline M. Verney, Esquire attached to the Agreement as
Exhibit "J", the accounts of Frederick E. Gerber, II with respect to the above-
captioned matters IN RE: Trust of Fred E. Gerber Sr., No. 21-98-0195, and in
Re: Mildred J. Gerber Trust under Agreement dated December 19, 1997, No.
21-2002-0540, are confirmed.
6. Frederick E. Gerber, II's Schedule of distribution is approved.
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7. Frederick E. Gerber, II is released from all liability with
respect to both of the above captioned matters IN RE: Trust of Fred E. Gerber
Sr., No. 21-98-0195, and IN RE: Mildred J. Gerber Trust under Agreement
dated December 19, 1997, No. 21-2002-0540; and
8. All court orders in any of the above- captioned matters which
stay or prevent the transfer or distribution of assets are terminated; and
9. With respect to the above- captioned matter, IN RE: Mildred
J. Gerber Trust under Agreement dated December 19, 1997, No. 21-2002..
0540, the Trustee, PNC Bank, is released and removed as Trustee and
Frederick E. Gerber, II is appointed as successor-substitute Trustee in order
to fullfill and effectuate the Parties' Family Settlement Agreement and
Release; and
10. The Auditor appointed by the Court in these matters, William
A. Duncan, Esquire, is released from further responsibility, duties,
obligations, liabilities, and services in connection with all of the above
captioned matters. Auditor William A. Duncan, Esquire shall submit his
statements for his unbilled fees for services, and expenses in connection with
all of the above captioned matters to the fiduciary, Frederick E. Gerber II,
within sixty (60) days of the date of this Court Order. The fiduciary, Frededck
E. Gerber, II, shall make payment to the Auditor within thirty (30) days of
receipt of the Auditor's final statements.
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11. Jacqueline M. Verney, Esquire appointed by the Court in
these matters, as an obiector, is released from all further responsibility,
duties, obligations, liabilities, and services in connection with all of the
above captioned matters. Jacqueline M. Verney, Esquire shall submit her
statements for all of her unbilled fees for services and expenses in
connection with all of the above captioned matters to the fiduciary, Frederick
E. Gerber, II, within sixty (60) of the date of this Court Order and the
fiduciary Frederick E. Gerber II shall make payment to Jacqueline M. Verney,
Esquire within thirty (30) days of receipt of Jacqueline M. Verney's final
statements.
12. In all other respects the terms of The Family Settlement
Agreement. Release are made an Order of Court to be entered of record 'n
each of the above- captioned matters.
BY THE COURT
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