HomeMy WebLinkAbout12-04-07 (2)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
In Re: First and Final Accounting of the
May M. Moore Five-Year
Charitable Lead Annuity Trust
No. 138 of 2007
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COME NOW Amanda Reed and Araminta Flegel, Trust Protectors for th~;~QNe .."
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referenced Trust, and for their Motion to Make Rule Absolute state to the Co~sfollow~
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1. On August 9,2007, this Court entered an Order upon the Trust Protectors and upon
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MOTION TO MAKE RULE ABSOLUTE
investment counsel Keeler & Danner Financial Services, LLP, to show cause why Keeler &
Danner should not file a supplemental first and final account.
2. By virtue of the attached letter, marked as Exhibit "A," which Keeler & Danner filed
with the Court on August 30,2007, it is clear that Keeler & Danner received the Court's Order.
3. To date, Keeler & Danner has not filed any accounting, nor have they shown cause
why they should not file such an accounting.
4. Said Rule was returnable within twenty (20) days of service.
5. More than twenty (20) days have elapsed since service of the Order.
6. Although the Trust Protectors did not object to the Trustee's request for an accounting
by Keeler & Danner, the unwarranted delay in receiving said accounting works to the detriment
of the Trust beneficiaries, since the Trust is otherwise ready for distribution.
7. Undersigned counsel has notified counsel for the Trustee of this Motion to Make Rule
Absolute, which counsel does not object to this filing or the relief requested herein.
WHEREFORE, the Trust Protectors respectfully request that the Court make its Rule of
August 9,2007 absolute and require Keeler & Danner, LLP to file an account of its activities as
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investment counsel and respond to the objections of the Trust Protectors within twenty (20) days
of the date of said Order, or be surcharged in the amount of $57,826.41 plus attorney fees as
requested in the Objections previously filed.
Respectfully submitted,
Date: n/Q.8(~7
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James M. Stein, Attorney for Trust Protectors
Dick, Stein, Schemel, Wine & Frey, LLP
13 West Main Street, Suite 210
Waynesboro, Pennsylvania 17268
(717) 762-1160 PA Bar No. 84026
VERIFICATION
I verify that the statements made in the foregoing pleading are true and correct to the best of
my knowledge, information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification to authorities.
Date: 1'1.2. 8 Ie 7
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James M. Stein, Attorney for Trust Protectors
PROOF OF SERVICE
I HEREBY VERIFY that I have served the foregoing document upon counsel of record
by depositing one (1) true and correct copy thereof in the United States Mail, postage prepaid,
addressed as follows:
Sarah E. McCarroll, Esquire
Gates, Halbruner & Hatch, PC
1013 Mumma Road, Suite 100
Lemoyne, P A 17043
Keeler & Danner Financial Services, LLP
5249 Simpson Ferry Road
Mechanicsburg, P A 17050
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Date: I /
Z8 07
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James M. Stein, Attorney for Trust Protectors
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August 29, 2007
Court Administrator"s Office
Court of Common Pleas
Orphans' Court Division
1 Courthouse Square
Carlisle, PA 17013
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RE: The May M. Moore Five-Year Charitable Lead Annuity Trust
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To Whom It May Concern:
Dull! E. DUllller. R FP
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For the Court's reference tbe Trust Protectors and the Attorney's for them did not provide the Court with the
correct mailing address for us. Our correct address is listed above on our letterhead. We have been at this
address since December 2003. Since tbe Trost Protectors bave been receiving correspondence with our current
address on it up until March of 2007, we have to wonder about the competence of the Trost Protectors'
Attorneys. It was only through happenstance that we just received a copy of the Order of Court dated August
9\".2007 and want to mak.e sure that any future correspondence to us is received.
Sincerely,
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Dale E. Danner, RFP
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EXHIBIT
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