HomeMy WebLinkAbout04-22-15 ;,,,
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND C�11'�'�, � {� �
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ESTATE OF CARRYL WALTER . Case No. 21-2011- 00593 �� w � "
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COMMONWEALTH'S MOTION FOR HEARING ON THE ITS REQUEST TO
REMOVE EXECUTRIX AND INSTALL AN ADMINISTRATOR DB/N/C/T/A
AND NOW comes the Commonwealth of Pennsylvania, by its Attorney General,
Kathleen G. Kane, acting in her capacity as parens patriae, to request that this Honorable Court
to remove Lynn Walter as Executrix and install an Administrator d/b/n/c/t/a, and in support
avers:
1. The Commonwealth filed an amended petition for citation on or about February
25, ZO15.
2. Executrix responded; former attorney for the estate, Karl Romminger, to date has
not responded.
3. Executrix's response makes clear that she cannot continue her status as a court
appointed fiduciary in that:
a. she apparently refuses to assert claims against Mr. Romminger in this Court; and,
b. she will not return her commission taken at the beginning of this Estate's
administration and not, since, rightfully earned.
4. As fundamentally, Executrix's response shows that she will not admit that she has
a conflict in that:
a. she transferred to herself$206,049.02 of Decedent's bank accounts when she was
not listed as a `pay on death' beneficiary;
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b. specifically, Executrix cannot produce beneficiary designation forms for those
accounts;
c. Executrix's apparently wrongful claim to those funds and her unwillingness to
even admit the issue shows that she has an irreconcilable conflict of interest.
WHEREFORE, the Commonwealth respectfully requests that this Honorable Court
schedule a hearing to take evidence on its request for removal of Executrix.
Respectfully submitted:
KATHLEEN G. KANE
Attorney General
By: o
M HAEL T. ERSTER
Office of Attorney General Senior Deputy Attorney General
Charitable Trusts & Organizations Section Pa. Attorney ID 78766
14th Floor—Strawberry Square
Harrisburg, Pennsylvania 17120 MARK A. PACELLA
Chief Deputy Attorney General
Apri120, 2015
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
� �: : ORPHAN'S COURT DIVISION
ESTATE OF CARRYL WALTER . Case No. 21-2011-00593
CERTIFICATE OF SERVICE
I, Michael T. Foerster, counsel for the Commonwealth, hereby certify that on the 17�' day
of April, 2015, I caused true and correct copy of the foregoing document titled Commonwealth's
Motion for Hearing on the Its Request to Remove Executrix and Install an Administrator
d1b/n/c/t/a to be mailed first class, postage prepaid,to all other parties of record as follows:
Maj. Carl E. Avery, Divisional Financial Secretary Ronald M. Katzman,Esq.
The Salvation Army P.O. Box 6991
701 North Broad Street Harrisburg, PA 17112
Philadelphia, PA 19123 For Bethesda Mission
National Military Family Assoc. of Alexandria Virginia Wayne M. Pecht,Esq.
3601 Eisenhower Avenue, Suite 425 650 North 12th St., Suite 100
Alexandria, VA 22304 Lemoyne, PA 17043
For the Executrix
William C. Costopoulous, Esq.
831 Market Street
Lemoyne, PA 17043-1518
For Karl Rominger
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ICHAEL . FOERS R
Office of Attorney General
Charitable Trusts & Organizations Section
14�' Floor—Strawberry Square
Harrisburg, Pennsylvania 17120
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