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HomeMy WebLinkAbout03-08-07 INRE: THE CHURCH OF THE OPEN DOOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 2007- rff/0 C) ~ PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE rf:::; g ~ FOR PURPOSE OF CONVEYING REAL ESTATE TO BENEFICIARY!o ~ PURSUANT TO PA. ORPHANS' CT. RULE 12.6 . ~:S!rJ r 'n /, CO --. ::.) (:) AND NOW, comes the Carlisle Chapter of The Salvation Army, a sub~i~ty o{:i ~) ::::; F3 The Salvation Army, a New York non-profit corporation, and avers as follows: w w ::::J rn () ';~~ S-F1J ~-:) , .' C) J ". "'--J ;C'J r. ) r.i-j f___, 1. The Petitioner is the Carlisle Chapter of The Salvation Army, a subsidiary of The Salvation Army, a New York non-profit corporation, with a principal local place of business located at 125 South Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Salvation Army was contacted in March, 2006 and advised that they had an interest as a beneficiary to certain real estate located at 45 Army Heritage Drive, Carlisle, Cumberland County, Pennsylvania 17015. 3. The property located at 45 Army Heritage Drive is the subject of a Deed dated April 21, 1954 and recorded in the Office of the Recorder Of Deeds of Cumberland County at Book 15 Page 256. That Deed is attached hereto as "Exhibit A." 4. The aforesaid Deed recited that the Grantors had erected a church edifice and established a mission known as "THE CHURCH OF THE OPEN DOOR." 5. The Deed further provides that the mission shall hold title to the church liTO HAVE AND TO HOLD the said premises and buildings thereon erected, in trust, so long as the same shall be continuously operated as a mission, and in the event that the same shall be abandoned as a mission or shall fail to hold regular religious services for ~~ a period of one year, those said trustees or their successors in office shall Deed the aforesaid property to the Carlisle Chapter of The Salvation Army absolutely and without restrictions as to use." 6. According to Marlin Sharp, son of Richard and Velma Sharp, the grantors in the deed, who are H. W. Hair, Grace L. Hair, Ira W. Miller, Rachel Miller, Richard Sharp and Velma Sharp are all deceased. 7. Valena Garlin is the daughter-in-law of Ralph Gartin and Mildred Garlin. Valena Garlin reports that Ralph and Mildred Garlin were members of the church in question and had been caretakers of the property in question until March, 2006. 8. Valena Gartin further reports that the last pastor of the church, Steve Gelscer, died in 2004, and that thereafter church services were no longer held at the property nor was the church used as a mission. 9. Valena Garlin reports that there are no surviving grantors/trustors who are available to execute a Deed conveying the real estate from the mission to The Salvation Army as directed in the April 21 , 1954 Deed. 10. GranteeslTrustees, Robert B. Rector, Harold Rice, C. Lloyd Rider, Clarence A. Koser and Albert E. Gutshall are all deceased or their whereabouts are unknown. 11. Petitioner has unsuccessfully attempted to contact the trustees who are not known to be deceased through the telephone directory, internet and through all persons associated with the Deed, without success. 12. The real estate which is the subject of this petition is located at 45 Army Heritage Drive, Carlisle, Middlesex Township, Cumberland County, Pennsylvania, and is approximately .59 acres in size, improved with a block church building previously used as a place of worship, and has been estimated to be worth $115,000.00 by appraisal of William Bassett, Certified appraiser, dated June 21, 2006. A second appraisal completed by Larry Foote, certified appraiser, indicated a value of $95,000.00 as of May 31, 2006. 13. The church has been cared for most recently by neighbors. 14. A successor trustee is needed in order to convey title to The Salvation Army. 15. Undersigned counsel recommends that William A. Duncan, Esquire, of One Irvine Row, Carlisle, Pennsylvania be named as successor trustee and that an Order of Court be entered directing him to sign a deed conveying the property to the Salvation Army according to the terms in the deed dated April 21, 1954. 16. William A. Duncan, Esquire has no relationship to the trust nor does he have any conflict of interest in this transaction. WHEREFORE, Petitioner respectfully requests this Honorable Court convene a hearing to appoint a Successor Trustee and authorize said Trustee to execute a Deed conveying said real estate to The Salvation Army pursuant to Pennsylvania Orphans' Court Rule 12.6. Respectfully submitted, O'BRIEN, BARIC & SCHERER Mi~r. Esquire 1.0.61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/corporate/salvationarrny/churchofopendoorlsuccessortrustee.pet . . IN RE: THE CHURCH OF THE OPEN DOOR IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 2006- VERIFICATION The statements in the foregoing Petition For Appointment Of Successor Trustee For Purpose Of Conveying Real Estate To Beneficiary are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made. subject to the penalties of 18 Pa.C.S. ~ 4904 relating to unsworn falsifications to authorities. DATE: November 30 ,2006 TIlE SALVAT~ BY: ~ HDBPT s. STEELE ill An Assistant Secretary