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HomeMy WebLinkAbout01-08-07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INRE: ORPHAN'S COURT DIVISION THE REVOCABLE TRUST AGREEMENT OF PAULA R. PFEUFER UNDER AGREEMENT DATED JANUARY 21, 1998 AS AMENDED AND RESTATED UNDER AGREEMENT DATED AUGUST 18, 1998 Case No. 21061090 COMMONWEAL TH'S OBJECTION o ~o -::0 CO-u ~d~F' ~u5 C)c:- C Respondents s;::.. ATTORNEY GENERAL'S OBJECTIONS TO THE FIRST AND FINAL ACCOUNT OF COMMUNITY TRUST COMPANY, TRUSTEE ~-o -~: ~> AND NOW the Commonwealth of Pennsylvania, by its Attorney General, Thomas W. Corbett, Jr., acting in his capacity as parens patriae, (Attorney General) objects to the First and Final Account of Community Trust Company, Trustee, as follows: COUNT I 1. Objection is made to the form ofthe Account in that it does not comply with the requisites of Pa. O.C.R. No. 6.1, in that: a. Specific receipts and disbursements are not readily apparent; b. Items of administration including but not limited to, receipts, disbursements, charitable payout calculations, principal, and income do not appear to be clearly stated; c. The accounting does not list current principal assets on hand; d. The accounting is otherwise vague and does not adequately summanze the administration of the trust estate; and e. The accounting may be on a cash-basis, but it does not follow the prescribed elements of a fiduciary accounting. WHEREFORE, the Commonwealth respectfully requests this Court to strike the existing First and Final Account and order the Trustee to prepare a First and Final Account in conformance with Pa. O.C.R. No. 6.1. COUNT II 2. Paragraph 1 is incorporated by reference as if fully set forth herein. 3. The Attorney General anticipates that review of the revised accounting may occasion objections which are not ascertainable at this time. WHEREFORE, the Attorney General respectfully asks this Honorable Court to permit the Attorney General to review the revised accounting and file additional objections, if warranted. Respectfully Submitted: By: THOMAS W. CORBETT, JR. A~ MICHAE: T. FOE STER Deputy Attorney General Pa. Attorney J.D. No. 78766 Office of Attorney General Charitable Trusts & Organizations Section Strawberry Square, 14th Floor Harrisburg,Pennsylvania 17120 MARK A. PACELLA Chief Deputy Attorney General January 4, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA INRE: ORPHAN'S COURT DIVISION THE REVOCABLE TRUST AGREEMENT OF PAULA R. PFEUFER UNDER AGREEMENT DATED JANUARY 21, 1998 AS AMENDED AND RESTATED UNDER AGREEMENT DATED AUGUST 18, 1998 Case No. 21061090 Respondents CERTIFICATE OF SERVICE I, Michael T. Foerster, counsel for the Commonwealth, hereby certify that on January 4, 2007, I caused true and correct copy of the foregoing document titled Commonwealth's Objection to be delivered, to all other parties of record as follows: Bruce A. Pfeufer 17 North Hilltop Road Baltimore, MD 21228 David Snover Fulton Financial Advisors 30 South George Street York, PA 17401 The Pfeufer Family Foundation c/o Bruce A. Pfeufer 17 North Hilltop Road Baltimore, MD 21228 Lowell R. Gates, Esq. Gates Halbruner & Hatch 1013 Mumma Road, Suite 100 Lemoyne, P A 17043 For the Trustee ALIa M1CHAEL T. FOERSTER DEPUTY ATTORNEY GENERAL Office of Attorney General Office of Attorney General Charitable Trusts & Organizations Section Strawberry Square, 14th Floor Harrisburg, Pennsylvania 17120 COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL TOM CORBETT ATTORNEY GENERAL January 4,2007 Charitable Trusts and Organizations Section 14th Floor, Strawberry Square Harrisburg, P A 17120 (717) 783-2853 (717) 787-1190 (Fax No.) Glenda Farner Strasbaugh Register of Wills/Clerk of Orphans' Court 1 Courthouse Square Carlisle, P A 17013 >=2 :c:;::O , -r:J ~:J \ :-.:.J_.~ -- -~ :-~,<~~ ~B ......" ":.:..,,:) (::~ _J I CD -'-_: ,- /-"~ Re: Paula R. Pfeufer Charitable Trust No. 21061090 ~~~ :: . ' ;~ rv Dear Ms. Strasbaguh: D Enclosed for filing are the Attorney Generals' Objections to the First and Final Account that was filed in the above-captioned matter, along with the $5.00 filing fee. Pease return a file-stamped copy of the pleading to us in the enclosed self-addressed envelope. Thank you for your time and consideration of this matter. If you have any questions, please do not hesitate to contact me. ichael T. Foerster Deputy Attorney General MTF/srh cc: Certificate of Service List