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HomeMy WebLinkAbout08-08-06 .. Todd F. Truntz, Esquire Identification No. 83302 Robert R. Church, Esquire Identification No. 40385 KEEFER WOOD ALLEN & RAHAL, LLP Suite 301 415 Fallowfield Road Camp Hill, PA 17011 CATHERINE A. MCKINNEY, Settlor of The Patricia M. Kilkenny Family Irrevocable Trust, and PATRICIA M. KILKENNY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Petitioners, VS. NO. 21-06-553 COMMUNITY TRUST COMPANY, Respondent. ORPHANS' COURT DIVISION RESPONSE OF COMMUNITY TRUST COMPANY TO PETITIONERS' MOTION FOR HEARING AND NOW, comes Respondent, Community Trust Company (hereinafter "CTC"), by and through its attorneys, Keefer Wood Allen & Rahal, LLP, to file this Response to the Motion filed by Catherine A. McKinney, Settlor of The Patricia M. Kilkenny Family Irrevocable Trust (the "Trust") and Patricia M. Kilkenny (hereinafter collectively "Petitioners") on August 3, 2006 requesting a hearing on Petitioners' Petition for Termination of Trust, and in response thereto avers the following: 1. Admitted as stated. 2. Admitted as stated. 3. Denied. Petitioners' Petition for Termination of Trust and CTC's response thereto, incorporated herein by reference, is now before the Court for disposition. Due to the contentious nature of this dispute, CTC agrees that the Trust should be terminated. However, the 1 '-fL . J> best and proper procedure for such termination, as averred in CTC's Response to Petitioners' Petition for Termination, is for CTC to file a Fiduciary Accounting and Statement of Proposed Distribution for adjudication by the Court. Inasmuch as the primary controversy in this matter regards Trust transactions and trustee's fees charged by CTC, the only way to determine the propriety of such fees and transactions is through the filing of a Fiduciary Accounting with the Court. Following such filing, Petitioners will then have an opportunity to file Objections to CTC's Accounting with the Court. Once such Objections are filed, all of the pertinent factual information will be properly before the Court and a hearing may then be appropriate. At this early stage in the litigation, a hearing is premature inasmuch as it would occur prior to the Court's receipt of necessary information regarding CTC's management of the Trust, which would prejudice CTC's ability to present its defense and would add unnecessary costs to this litigation. WHEREFORE, Respondent Community Trust Company respectfully requests that this Honorable Court enter an Order denying Petitioners' Motion to Schedule Hearing and to stay further action on the Petitioners' Petition for Termination of Trust pending the filing and adjudication of a First and Final Account by CTC of its administration of the Trust, with such Account to be filed with the Clerk on or before September 8, 2006, so that the Trust can be terminated properly through the adjudication of such Account and in accordance with further Order of this Court. (Continued on Page 3.) 2 .. ... (Continued from Page 2.) Respectfully submitted, KEEFER WOOD ALLEN & RAHAL, LLP Date: August 8, 2006 ~ ~y:~~~. Todd F. Truntz, Esquire Identification No. 83302 Robert R. Church, Esquire Identification No. 40385 415 Fallowfield Road, Suite 301 Camp Hill, P A 17011 (717) 612-5800 Attorneys for Respondent Community Trust Company 3 CERTIFICATE OF SERVICE I, Todd F. Truntz, Esquire, of KEEFER WOOD ALLEN & RAHAL, LLP, certify that I this day served a copy of the foregoing RESPONSE OF COMMUNITY TRUST CaMP ANY TO MOTION FOR HEARING upon the person(s) indicated below by First Class U.S. Mail, postage prepaid at Camp Hill, Pennsylvania, and addressed as follows: Michael L. Bangs, Esquire Bangs Law Office 429 South 18th Street Camp Hill, PA 17011 KEEFER WOOD ALLEN & RAHAL, LLP ~ ~ -- =~-=---------- DATED: August 8, 2006 BY~ --~~,~ ----- __ ~ Todd F. Truntz, Esquire Identification No. 83302 415 Fallowfield Road, Suite 301 Camp Hill, PA 17011 (717) 612-5800 Attorneys for Respondent Community Trust Company 4