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
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Respondents
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ATTORNEY GENERAL'S OBJECTIONS TO THE
FIRST AND FINAL ACCOUNT OF COMMUNITY TRUST COMPANY, TRUSTEE
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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.
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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
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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
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Re: Paula R. Pfeufer Charitable Trust
No. 21061090
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Dear Ms. Strasbaguh:
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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