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Home My WebLink About08-01-13 R��tJ��'� ��.�-,�;- �� s� �� . �S 1 '� js`�` 1 ��I 2 � �� i:'� `vi� In Re: JENNA C. COOK � � �; � � ��= �I. a��=�� g��' ��'{_� �;��:�,� ��I�V��-I��OURT OF COMMON PLEAS OF YHE NINTH JUDICIAL DISTRICT ORPHANS' COURT DIVISION 21-12-1121 IN RE: MOTION TO COMPEL COMPLAINCE WITH �RDER OF COURT ISSUED PURSUANT TO PETITION FOR AN ACCOUNTING PURSUANT TO Pa.C.S. § 5319 ORDER OF COURT AND NOW, this 1St day of August 2013, upon consideration of the Petitioner's Motion to Compel Compliance with Order of Court Issued Pursuant to Petition for an Accounting Pursuant to Pa.C.S. § 5319, the Motion is GRANTED. Respondent, Karen J. Cook, is ORDERED and DIRECTED to present a completed and full accounting of the Uniform Gift to Minors Act account to Petitioner and this Court. It is further ORDERED that Petitioner's reasonable attorneys' fees are to be paid by Respondent; the promptness and completeness of Respondent's presentation of the aforementioned accounting will dictate the amount of Petitioner's attorneys' fees for which Respondent will be responsible. Petitioner shall provide a detailed invoice of the attorneys' fees associated with the preparation and presentation of the Motion for Compliance and a proposal as to the amount of the fees to be paid by Respondent. The amount of attorneys fee awarded shall be based in part on the promptness and completeness of Respondent's response to this Order. BY THE Thomas A. Placey C.P.J. Distribution List: Mark C. Duffie, Esq. Karen J. Cook � � , �� Y Johnson, Duffie, Stewart& Weidner By: Mark C. Duffie I.D.No. 75906 Attorneys for Movant 3 O 1 Market Street P. O.Box 109 Lemoyne,Pennsylvania 17043-0109 (717)761-4540 IN RE: JENNA C. COOK : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : Docket No. 21-12-1121 IN RE: MOTION FOR COMPLIANCE WITH ORDER OF COURT REGARDING PETITION FOR ACCOUNTING PURSUANT TO PA.C.S. 5319 ORDER OF COURT AND NOW, this day of , 2013, upon consideration of the Motion for Compliance, Respondent, Karen J. Cook, is ordered and directed to present a completed and full accounting of the Uniform Gift to Minors Act account to this Court on , 2013, in Courtroom No. , at _.m. It is further ordered that the Respondent, Karen J. Cook, shall pay all reasonable attorneys' fees associated with the preparation and presentation of this Motion for Compliance. BY THE COURT: Thomas A. Placey C.P.J. Distribution: Mark C. Duffie, Esquire,Johnson, Duffie,Stewart 8�Weidner, P.C.,301 Market Street, P.O. Box 109, Lemoyne, PA 17043-0109 Karen J. Cook, 1266 Timber�ew Drive, Mechanicsburg, PA 17050 :570763 ' , Johnson, Duffie, Stewart & Weidner By: Mark C. Duffie I.D.No. 75906 Attorneys for Mavant �.� ��; -�.� 301 Market Street ��= � �^� � a P. O. Box 109 �:� - : �--- �� t�� - , . . �.v� Lemoyne,Pennsylvania 17043-0 l 09 �:` � �� .� , �� (717) 761-4540 �'.. � : Lr-J - �...... w . �-..: ..� . _� �.. _. ' �, . ' . .....�_�) , . � ... ... . �`` ,.... � :.� : IN RE: JENNA C. COOK � �.�� . ��° : IN THE COURT OF COMMOfiV PLEA� OF : CUMBERLAND CDUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION : Docket No. 21-12-1121 MOTION TO COMPEL COMPLIANCE WITH ORDER OF COURT ISSUED PURSUANT TO PETITION FOR AN ACCOUNTING PURSUANT TO PA.C.S. 5319 TO THE HONORABLE JUDGES OF THE ORPHANS' COURT DIVISION: , Movant, Jenna C. Cook, by and through her counsei, Johnson, Duffie, Stewart & Weidner, ; respectfully states the following in support of her Motion to Compel Compliance with Order of Court regarding a Petition for an Accounting Pursuant to PA.C.S. 5319: 1. On October 17, 2012, the Movant, through counsel, filed a Petition for an Accounting pursuant to PA.C.S. 5319. 2. In response to said Petition, the Honorable Thomas A. Placey issued, by Order of Court dated October 19, 2012, a Citation upon Respondent therein, Karen J. Cook, to show cause why the relief __ _ __reques#ed-in-#he underlying_Pe#ition should_not be granted.— _---_ _ _ ___ 3. Pursuant to the Order of Court issued on October 19, 2012 upon Respondent, Karen J. Cook, to show cause why the relief requested in the Petition should not be granted, Petitioner effected service of said Citation upon Respondent on October 24, 2012 by first class mail and certified mail, retum receipt requested. 4. The certified mail with the return receipt requested was delivered on November 8, 2012 at 12:41 p.m. 5. Said Order of Court issued upon Respondent, Karen J. Cook, provided a Citation returnable within twenty (20) days of the date of service. 6. On December 12, 2012, after twenty (20) days had elapsed since the Citation was served, the Respondent, Karen J. Cook, failed to respond and show cause why the relief requested in said Petition should not be granted. 7. On December 12, 2012, the Petitioner, Jenna C. Cook, through counsel, filed a Petition for Citation or Rule Absolute requesting that this Honorable Court enter an Order directing the Respondent, Karen J. Cook, to provide a full and complete accounting of the Uniform Transfers to Minors Act (UTMA) formerly the Uniform Gift to Minors Act or UGMA Account to Petitioner within fifteen (15) days from the date of the Order. Said Order of Court ordering and directing Respondent to file a complete and full accounting was dated December 28, 2012. 8. On January 29, 2013, the Respondent, Karen J. Cook, provided an incomplete accounting of the Uniform Gift to Minors Act Account, a general ledger balance on a monthly basis from January 1, 2012 through August 31, 2012. A true and correct copy of what was provided is attached hereto and incorporated herein as Exhibit"A". 9. The Uniform Gift to Minors Act account was established shortly after the Movant, Jenna C. Cook, was born, January 21, 1993. 10. The Respondent, Karen J. Cook has failed to file a complete and full accounting and she has only provided eight (8) months worth of statements and those statements provide no detail as to the withdrawal and distribution of monies from the Account, but only a monthly balance. Respondent closed the original Account established and opened another Account. 11. The Movant, Jenna C. Cook, has no information with respect to the value of the account at the date of initial distribution or any time thereafter or any details with respect to any distributions made by the Respondent, Karen J. Cook. 2 12. The Respondent, Karen J. Cook, has failed to comply with this Honorable Court's Order of Court dated December 28, 2012 and as a result of this obdurate, vexatious and dilatory conduct, the Movant, Jenna C. Cook, is entitled to reasonable attorneys' fees and costs associated with preparation and presentation of this Motion to this Honorable Court. WHEREFORE, the Movant, Jenna C. Cook, by and through counsel, prays this Honorable Court to enter an Order of Court directing the Respondent, Karen J. Cook, to appear before this Honorable Court and present a complete and full accounting of the Uniform Gift to Minors Act Account detailing the initial balance in the account, the growth in the account over the past twenty (20) years as well as a detaited, complete and full accounting of all disbursements made from the account. Further that Respondent, Karen J. Cook pay Movant's reasonable attorneys' fees and costs associated with the preparation and presentation of this motion. Respectfully submitted, JOHNSON, DUF IE, WART&WEIDNER gy: C Mark C. Duffie Attorney I.D. N . 5906 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Petitioner :570742v2 3 CERTIFICATE OF SERVICE _ AND NOW, this c�J"` day of July, 2013, the undersigned does hereby certify that he did this date serve a copy of the foregoing upon the Respondent by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Karen J. Cook 1266 Timber View Drive Mechanicsburg, PA 17050 JOHNSON, DUFFIE STEWART&WEIDNER By: Mark C. Duffie 4 : ORPHANS' COURT DIVISION : COURT OF COMMON PLEAS OF In Re: JENNA C COOK : CUMBERLAND COUNTY : PENNSYLVANIA : N0.21-12-1121 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 8/1/13 JUDGE'S INITIALS: TAP TIME STAMP DATE: 8/1/13 IN RE: ORDER OF COURT ............................................................................................................................ SERVICE TO: KAREN J COOK 1266 TIMBER VIEW DR MECHANICSBURG PA 17050 MARK C DUFFIE 301 MARKET ST PO BOX 109 LEMOYNE PA 17043 METHOD OF MAILING: ENVELOPES PROVIDED BY: � USPS � PETITIONER ❑RRR ❑JUDGE ❑HAND DELIVERED ❑ CLERK OF ORPHANS COURT ❑OTHER MAILED: 8/2/13 ............................................................................................................................ SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: ❑ USPS ❑PETITIONER ❑ RRR ❑JUDGE ❑HAND DELIVERED ❑CLERK OF ORPHANS COURT ❑OTHER MAILED: � � , � L� D Cle�� Orphans' Court