HomeMy WebLinkAbout02-15-08 (2)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
In Re: First and Final Accounting of the
May M. Moore Five- Year
Charitable Lead Annuity Trust
No. 138 of2007
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SECOND MOTION TO MAKE RULE ABSOLUTE
COME NOW Amanda Reed and Araminta Flegel, Trust Protectors for thea0~xe
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referenced Trust, and for their Second Motion to Make Rule Absolute state to the C~urt as :-
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follows:
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1. On August 9, 2007, this Court entered an Order upon the Trust Protectors and upon
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. Keeler & Danner failed to file any accounting, nor did they show 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 following service of the Order.
6. On November 28,2007, the Trust Protectors filed a Motion to Make Rule Absolute.
7. On December 31, 2007, the Court issued an Order entitled "In Re: Motion to Make
Rule Absolute." Said Order directed that "Keeler and Danner Financial Services, LLP, file an
account of its activities as investment counsel in the above-referenced Trust and respond to the
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Objections of the Trust Protectors to the First and Final Account filed by Community Trust
Company, within 30 days of the date of this Order."
8. By virtue of said Order, Keeler & Danner should have filed an Accounting and a
Response by at least January 31,2008. Keeler & Danner Financial Services, LLP has failed to do
so, despite having had six (6) months and two (2) Orders from the Court to do so.
9. 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.
10. 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, and its Order of December 31,2007 absolute and surcharge Keeler & Danner
Financial Services, LLP in the amount of $57,826.41 plus attorney fees as requested in the
Objections previously filed.
Respectfully submitted,
Date: ~ /1 z. /0 8"
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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
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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: "-/'"L / 0 ~
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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, Attorney for Trustee
Gates, Halbruner & Hatch, PC
1013 Mumma Road, Suite 100
Lemoyne, P A 17043
Keeler & Danner Financial Services, LLP
Attn: Dale E. Danner, RFP
5249 Simpson Ferry Road
Mechanicsburg, P A 17050
Date:
'/I-z./O 0
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James M. Stein, Attorney for Trust Protectors
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~Ier &
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Juhn R. K~_",. CFP
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Dullf F.. Du,mw.. R ,,'p
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5249 Simp:;oll Ferry RllUd. M~ch8nic..;bur~. PA 17050
(717) 79()-<H)S9 (I10fl) 373-S-4S2 Fa'( (711) 190-92Ml
August 29, 2007
Court Administrator's Office
Court of Com.mon Pleas
Orphans' Court Division
] Courthouse Square
Carlisle, PA 17013
RE: The May M. Moore Five-Year Charitable Lead Annuity Trust
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To Whom It May Concern:
For the Court's reference the TIUSt ProteCtors and the Attomefs 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 the Trost Protectors have been receiving correspondence with our current
address on it up until March of2007, we have to wonder about tile competence of the Trust Protectors)
Attorneys. It was only through happenstance that we just received a copy of the Order of Court dated August
91". 2007 and want to make 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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