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Home My WebLink About01-08-07 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA INRE: ORPHAN'S COURT DIVISION ANNA BRAASCH CHARITABLE TRUST No. 21-06-1091 r-:> c:,";:} c::> ........ o c; C;;;S ::'10 S3 c._ ::;:,.... --':iF" I 0) ..--"'.. -0 ATTORNEY GENERAL'S OBJECTIONS TO THE FIRST AND FINAL ACCOUNT OF COMMUNITY TRUST COMPANY, TRUSTEE 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 of the Account in that it does not comply with the requisites ofPa. D.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. COUNT III 4. Paragraphs 1 through 3 are incorporated by reference as if fully set forth herein. 5. Objection is made to the modification of the yearly payout amount made that was or should have been made to the charitable organizations, in that: a. The trust instrument originally provided for a payment of "seven percent (7%) of the initial net fair market value of the assets passing in trust as finally determined for federal tax purposes." Anna Braasch Charitable Trust Agreement, Article II, Paragraph C. (A true and correct copy ofthe Anna Braasch Charitable Trust Agreement is attached hereto and marked as Exhibit "A.") b. The trust instrument contains a handwritten notation wherein the payment amount was changed from seven percent (7%) to five percent (5%). 2 c. The change was made by the remainder beneficiary utilizing an alleged Power of Attorney. d. The date of the modification is not apparent on the face of the trust instrument. e. The Attorney General has requested but not yet received documentation pertaining to the Power of Attorney, establishment and modification of the subject trust. WHEREFORE, the Attorney General respectfully asks this Honorable Court to order the Trustee to provide additional information pertaining to the Power of Attorney, establishment and modification of the subject trust. Respectfully Submitted: By: THOMAS W. CORBETT, JR. Attorney General 7k-~,r~,~ Heather J. ance-Rittman Deputy Attorney General Pa. Attorney J.D. No. 82705 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 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA INRE: ORPHAN'S COURT DIVISION ANNA BRAASCH CHARITABLE TRUST No. 21-06-1091 I, Heather J. Vance-Rittman, Deputy Attorney General, being duly sworn according to law, hereby state that I am a Deputy Attorney General with the Office of Attorney General, Charitable Trusts and Organizations Section, that I am authorized to make this verification on behalf of the Office of Attorney General, and the facts in the Attorney General's Objections are true and correct to the best of my knowledge, information and belief. January 4, 2007 L-~. ~-~ Heather J. ance-RIttman Deputy Attorney General Pa. Atty Id. No. 82705 . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA INRE: ORPHAN'S COURT DIVISION ANNA BRAACSH CHARITABLE TRUST Case No. 21-06-1091 CERTIFICATE OF SERVICE I, Heather J. Vance-Rittman, Deputy Attorney General, 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: William E. Kott Barbara C. Kott 64 Mill Road Schwenksville, P A 19473 Lowell R. Gates, Esquire Gates, Halbruner & Hatch 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 For the Trustee Saint James Episcopal Church 3768 Germantown Pike Collegeville, P A 19426 West Collingswood Presbyterian Church 1225 Collingswood Avenue West Collingswood, NJ 08107 Corpus Christi Catholic Church 900 Summneytown Pike Upper Gwyneed, P A 19446 ~.y~-~ Heather J. V ance- Rittman Deputy Attorney General Office of Attorney General Office of Attorney General Charitable Trusts & Organizations Section Strawberry Square, 14th Floor Harrisburg, Pennsylvania 17120 -..., _? ~~ t/'~ :-;-,,/... ";/ COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL () /~ (Z"\ /1/ (:.:-/ <):-~;~~~(~0~ " :/! <, />i~- ; (. \-~ I ~ A, "'7 ~ ,.,~O January 4,2007 TOM CORBETT ATTORNEY GENERAL Charitable Trusts and Organizations Section 14th Floor, Strawberry Sq. Harrisburg, PA 17120 Telephone: (717) 783-2853 Facsimile: (717)787-1190 Glenda Farner Strasbaugh, Register ofWills/Clerk of Orphans' Court 1 Courthouse Square Carlisle, P A 17013 Re: Anna Braasch Charitable Trust No. 21-06-1091 Dear Ms. Strasbaugh: Enclosed for filing are the Attorney General's Objections to the First and Final Account that was filed in the above-captioned matter, along with the $5.00 filing fee. Please return a file- stamped copy of the pleading to us in the enclosed self-addressed envelope. Thank you for your attention to this matter. If you have any questions, please do not hesitate to contact me. Very truly yours, 1J.c- / j/<tA--1L=- Heather J. Vance-Rittman Deputy Attorney General cc: Certificate of Service List