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HomeMy WebLinkAbout10-05-12IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1N RE: ORPHAN'S COURT DIVISION Estate of Florence M. Fasick Case No. 21-12-0271 ~~ ~, ~~~ c' --~ t-t't , cn ~' cn v c-~ ', , ~t COMMONWEALTH S OBJECTIONS 5 ~' O AND NOW comes the Commonwealth of Pennsylvania, by its Attorney C~neral, Linda c' ~ L. Kelly, acting in her capacity as parens patriae, to object to the First & Final Account filed on September 7, 2012, as follows: 1. Page 4 of the account lists attorney fees, to be paid, of $44,500 per agreement. The Commonwealth is not privy to this agreement. The amount to be paid for legal fees is higher than we typically see for estates of this size and asset mix. The Commonwealth objects and demands strict proof of the value of the services provided and the agreement. 2. The summary cover page of the accounting lists publication in the Cumberland Law Journal and the Central Penn Business Journal. The Probates, Estates & Fiduciaries (PEF) Code requires advertisement of the grant of letters in a newspaper of general circulation and the local legal periodical. 20 Pa. C.S. §3162. The Central Penn Business Journal, while an august publication, is not a newspaper of general circulation. The Commonwealth objects and requests proper publication. 3. The Commonwealth has been served with a Petition for Discovery filed on behalf of Elizabethtown College. The Court should not confirm the account or allow distribution until that issue and any resulting issues are resolved. © >v r~ic~i ~o `~'~ c"~ x~ ~' c::~ ~~~ ~~= ~~ ~~ ~~ Office of Attorney General Charitable Trusts & Organizations Section 14a` Floor -Strawberry Square Harrisburg, Pennsylvania 17120 717-783-2853 October 3, 2012 Respectfully Submitted: LINDA L. KELLY Attorney General By: ICHAEL T. FOERSTER Senior Deputy Attorney General Pa. Attorney No.: 78766 MARK A. PACELLA Chief Deputy Attorney General 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ORPHAN'S COURT DIVISION Estate of Florence M. Fasick Case No. 21-12-OZ?1 CERTIFICATE OF SERVICE I, Michael T. Foerster, counsel for the Commonwealth, hereby certify that on 3`d day of October, I caused true and correct copy of the foregoing document titled Commonwealth's Objections to be mailed first class, postage prepaid, to all other parties of record as follows: James D. Bogar, Esquire Bogar 8c Hipp Law Offices One West Main Street Shiremanstown, PA 17011 Kendra McGuire, Esquire McNees Wallace & Nurick 570 Lausch Lane, Suite 200 Lancaster, PA 17601 Bethesda Mission 611 Reilly Street Harrisburg, PA 17102 Nursing Foundation of Pennsylvania 2578 Interstate Drive -Suite 101 Harrisburg, PA 17110 MICHAEL T. FOERSTER Senior Deputy Attorney General Office of Attorney General Charitable Trusts & Organizations Section 14"' Floor -Strawberry Square Harrisburg, Pennsylvania 17120