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Home My WebLink About81-00536 Ul . .0:.0: I'.iIZ o-1Z p'1'.iI P,Z Z 0 o -H ~:><Ul ... E-<H OZ:> U:::>H 00 r..U o E-< 01>:: E-< Z:::> 1>::.0:0 8 Pl U t) ~ ~ elUl I'.iI ""Z :I: :::>.0: E-< U:I: P, . zr..I>::O H 00 Z r..O Ol'.il Ul 1'.iI.o: E-<1'.iI .o:u 0-11'.i1 o r.. - 0:>< - I'.iIO 1'.iI000Z E-<I>::.o: 00:00-1 E-<:I:O:: UlE-<1'.iI I'.iI e:l . "" ~t:::> :I: U 8~~ ZOI'.il HoO:Z C"' . '" <X) ;n'" f.:I'1 ~ ~::~'n t'1,M .1,-.- !;".?g 1,'1 ;e :""J " ..,1 ""'-) , ; :'-, !...oJ ';:.1 , "" 'C ~ E-< I>:: :::> o U r.. o I>:: I'.iI :il o " z o tIl ~ .., d:l ~ 5 < ~ ~ ~ ". ~ t~ ~ o m ~ q ~ ui~co ~ q a ~ < h 1: ; " ~ re . r.l ~ ol . III .~ . ol ~ tl .. . ..' . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. IN THE ESTATE OF ADAM ~. THORLEY LATE OF NEW CUMBERLAND, DECEASED PETITION FOR THE APPOINTMENT OF A SUBSTITUTED TRUSTEE TO: The Honorable, The Judges of the said Court: The Petition of Frank E. Taylor respectfully represents: 1. Adam M. Thorley died November 9, 1953, a resident of New Cumberland, Cumberland County, Pennsylvania, having first made, pub- lished and declared his Last Will and Testament dated August 10, 1942 ( a copy of which is hereto annixed as Exhibit A), by which he named Stewart Taylor, Executor. 2. The said decedent by his will devised and bequeathed the residue and remainder of his Estate to Stewart Taylor in trust for the children of his late sister Rebecca Taylor, to wit: Stewart Taylor. Adam Taylor. Esther Taylor, John Taylor, Hazel Taylor Patrick and Lillian Taylor Kelly and their issue upon the terms set forth in the will. 3. The Executor of the will fully administered the Estate of the decedent, filed his Third and Partial Account and Statement of proposed Distribution which were confirmed by your Honorable Court May 4. 1971, and continued to hold and administer the undistributed balance of the funds of the Estate as ~rustee under the will of th~ decedent. ~o~ 108 rACE 391 M\1'R&.IoI\'LRS. I'W"":RA!OUNSON - AHORNE VS AT LAW 301 MARKET STAE~,T. L[MOVNt. P[NNA. - , W. HIGH STflltET. CARLISLE, f'ENNA.. '. t.' 4. Stewart Taylor, Executor and Trustee as aforesaid died June 10, 1981, and Frank E. Taylor, his son, and your petitioner was duly appointed Administrator of his Estate July 17, 1981. 5. Frank E. Taylor as Administrator of the Estate of the said Stewart Taylor, deceased, has stated and filed a Fourth and Partial Account and Statement of proposed Distribution of said Trust Estate. 6. The Account shows principal of said Trust i.n the amount. of $23,186.38 and Income in the amount of $1,339.10 remaining as of June 12, 1981. 7. The statement of proposed Distribution shows proposed Dis- tributions of principal in the amount of $4,902.28 and Income of $1,339.10 in accordance with the provisions of the will. 8. The balances remaining after the proposed distributions are: Principal $18,284.10 and Income $0.00. 9. Said Account and proposed Distributions were confirmed by your Honorable Court August 25, 1981. 10. The beneficiaries and persons interested in the Trust Estate are: INCOME BENEFICIARIES (1) Lillian T. Kelly, 369 Park Avenue, New Cumberland, Pennsylvania 17070; PRINCIPAL BENEFICIARIES I I Ii \1 ! (1) Liane L. Dierich, Box 2778 Kodiak. Alaska 99615: (2) L. Jean collagee, Woodlands Rt. #2. Dunkirk, New York 14046; (3) Doris P. Hanlon, R. D. #5, Mechanicsburg, Pennsylvania 17055: II 1\ eOGtl 108 f~tE 592 - 2 - (4) James R. patrick, 3620 Winchester Square-west, Memphis, Tennessee 38118; (5) William A. Patrick, 831 Midglen Way, Woodside, california 94062; and (6) Frank E. Taylor, 1944 Mulberry Street, Harrisburg, pennsylvania 17104. 11. Your petitioner by his attorneys Myers, Myers, Flower and Johnson, advised the beneficiaries of the Trust of the death of the said Stewart Taylor and necessity for the appointment of a substituted Trustee in the place and stead of the said Stewart Taylor as Trustee. A copy of said notice is hereto attached as Exhibit B. 12. All of the beneficiaries except Liane L. Dierick, have re- sponded to said notice by written statements addressed to your Honorable Court requesting the appointment of your petitioner as substituted Trustee of the Trust in the place and stead of Stewart Taylor, now deceased. The original requests are hereto attached. The notice to Liane L. Dierick was sent to her at Box 2778, Kodiak, Alaska 99615, by U. S. Mail July 24. 1981, and has not been returned and neither your petitioner nor his attorneys have received a reply. WHEREFORE. your petitioner prays your Honorable Court to appoint a substituted Trustee for the Trust under the Will of the said Adam M. Thorley, deceased" for and in the place and stead of the said \ I i, t , ! ! , Stewart Taylor, now deceased. And he will ever pray. ,:::L<,j~ f! :tli~ Frank E. Tayloli Ii - 3 - !IDOl 108 mE :)93 ES'l'A'I'E 01' ADM! H. 1'llORLEY, LA'I'E OF NEW CUMBERLAND, CmlBERLANO COUN1'Y, PENNSYLVAN IA To the beneficiaries and persons interested under the Will of Adam M. Thorley: Stewart Taylor, Executor and Trustee under the Will of Adam M. Thorley, died June 10. 1981. Frank E. Taylor has been appointed Administrator of the Estate of his father. As Administrator of the Estate of Stewart Taylor, Frank Taylor has filed a Fourth and Partial Account of the Administration of the Adam M. Thorley Estate and Trust as of June 10, 1981. The Account and a Statement of Proposed Distribution will be presented to the Orphans' Court Division of the Court of Common Pleas of Cumberland County for review and confirmation on August 25, 1981. A formal notice of the Account and Statement of Proposed Distribution is enclosed herewith. We will be pleased to answer any questions you may have relative to the Estate and Trust. The death of Stewart Taylor creates a vacancy in the position of trustee of the Thorley Trust. We have advised Frank that as Administrator of Stewart's Estate he should petition the Court to appoint a sub- stituted trustee to administer the Trust. We suggest to the beneficiaries of the Trust that Frank be appointed the substituted trustee. He has assisted Stewart in the administration of the Trust and is familiar with all the matters pertaining to the Estate and Trust. The substituted trustee will be required to file a bond for the protectLon of the interests of the beneficiaries. Assuming that the beneficiaries would want Frank to be appointed substituted trustee. we are taking the liberty to send to you herewith a request directed to the Court to appoint Frank as substituted trustee. If you wish Frank to be appointed substituted trustee, Gign the enclosed form, have your signature witnessed and return to us. Upon receipt of similar requests from the other beneficiaries. we will prepare and submit to the Court a petition to appoint Frank as substituted trustee. As substituted trustee Frank will continue with the administration in accordance with the Will of Mr. Thorley. DA \\ \' ,.' J' , TED:'<~! I(.\....\\~('\.,;\ ',I' \ EXHIsrr "B" ~ ~ :rJ~ ,- '2rl 1'lr, ---,I :.-},,::, ~l'.:~. .." ;..;~ -:1 '.', , :~] ...':':J " 1'1' ~ , ,~ ; f1:1 UJ <<: Z 0 "' - UJ e; 0 ~ " ,.. I~ ~ ~ ~ UJ '" ~ ~ - !'d ~ ~ ~ u.. '" u.. E ~ H~ U ~ "<) Ii: ::> '" 2e-< .. 0 '" 0 0 " '" ;~ ~ :I. [() ~ i' '- ci :I. :i ~ 0: '" 0 .. 1 If) Q '" I Z '" " H ~ '" -- ~~ :r: 0 ~, 0 /. ~ '" ..J vi' is 0:: H ~ '^ ~ ~ ;:; \j ,...... . ~ i : '.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. IN THE ESTATE OF ADAM M. THORLEY LATE OF NEW CUMBERLAND, DECEASED PETITION FOR THE APPOINTMENT OF A SUBSTITU'l'ED TRUSTEE TO: The Honorable, The Judges of Said Court: The Petition of IlIluphin Deposit Bank and Trust Company respectfully represents: 1. Adam M. Thorley died November 9, 1953, a resident of New Cumberland, Cumberland County, Pennsylvania, having first made, pUblished and declared his Last Will and Testament dated August 10, 1942, a copy of which is attached hereto as Exhibit "A", by which he named Stewart Taylor, Executor. 2. The said decedent by his Will devised and bequeathed the residue and remainder of his Estate Wlto Stewart Taylor In Trust for the children of his late sister, Rebecca Taylor, to wit: Stewart Taylor, Adam Taylor, Esther Taylor, John Taylor, Hazel Taylor Patrick and LIllian Taylor Kelley and their Issue upon the terms set forth In the Will. 3. The Executor of the WI1l fully administered the Estate of the decedent, filed his Third and Partial ACCOWlt and Statement of Proposed Distribution which was conflnned by your Honorable Court on May 4, 1971, and continued to hold and administer the undistributed balance of the funds of the Estate as Trustee under the Will of the decedent. 4. Stewart Taylor, Executor and Trustee as aforesaid, died on June 10, 1981, and urslI8.nt to Petition tned by Frank E. Taylor, Frank E. Taylor was appointed Substituted Trustee by Order of your Honorable Court dated August 30, 1981. 5. Frank E. Taylor, Substituted Trustee, stated and filed a Fourth and Partial Account nd Statement of Proposed Distribution of said Trust estate willch were conflnned by your Honorable Court on August 25, 1981. I ,-~. " 1 ' , .... . ~.f . , , , "'., '. . 6. Frank E. Taylor died intestate on November 28, 1985, and your Petitioner was appointed Administrator of his Estate by the Register of Wills of Dauphin County, Pennsylvania, on January 27, 1986. 7. The beneficiaries and persons Interested in the Trust Estate are: Income Beneficiary: a. Lillian T. Kelley, 369 Park Avenue, New CUmberland, Pennsylvania 17070; Principal Beneficiaries: a. b. c. 17055; d. 17055; and e. Liane T. D1erlch, Box 2778, Kodiak, Alaska 99615; Christine A. Epeziale, 14 Falrvlew Avenue, Dunkirk, New York 14048; Doris P. Hanlon, 403 North Walnut Street, Mechanicsburg, Pennsylvania James R. Patrick, 403 North Walnut Street, Mechanicsburg, Pennsylvania William A. Patrick, 831 l\1ldglen Wey, Woodside, California 94062; 8. Your Petitioner, by their attorneys, Myers, Johnson, Duffie & Weidner, has advised the Beneficiaries of the Trust of the death of said Frank E. Taylor and the necessity for the appointment of a Substituted Trustee In the place and stead of said Frank E. Taylor as Substituted Trustee. A copy of said notice Is attached hereto as Exhibit "B". 9. All of the beneficiaries have responded to said Notice by written statements addressed to your Honor!\ble Court requesting the appointment of your Petitioner as Substituted Trustee of the Trust In the place and stead of Frank E. Taylor, now deceased. Said original statements are attached hereto. (.'" ( i 1 r:: i I .': ..' " ''';;' . ,. . " " ;l:l"l rh~_'I_,I~~"..\ "r .\ ~." I 'I,"'(~r" '~'l:r"YI' l~' 'n ~. ~, ~'. "1P n:i' ..,y {'O;ith th(I 1n('(,"'c ~"P()"l (;rl'~ (1) n':' ,,'q'~f1 :'.l,Oj'(';I(.\ f;1~" ',11(' ":Hrl~,!,lr" 1:1' nq~" )'In 1 11.~.'~'.-:-.1:1n of (~.'I't"" r~'i'J,1" 'n"' \!"'n~) -hi' '1('l;.1~'-! \'11" :'\'1', ,.,11')-' :r (-1,'/(> thr> 1l;'lnd!,",l o:c ht:, 01"' ~ I; .,'. .' "'''O,'' ~. C) ~ 'i ~ t~ (n' 1'n~:' '~'lr'''~.~J~ ri" \.1'<11" .' if .'my. , Tn tl '~l" "IV("O~lt t: ."A. .,' 1"C' :1' ") '\,', :Hl . . ("111"" nf' '1)1,/ "'1r'1 ~h~ J. " "'l1"rlvlw' ','1. '. j on'-:' ....,l~.:-r.n nj"",l'_ :){"r-r~~F) ~'I ~-.t n~" ...,. ",.,.~.lnl' n-;~ '"1' ......:t...,:~.p~: ,.,..{\l"y pnln1"'r"j.n~" t;l~(') ~;\~.rtt('n ()~' t"t". ':"~'~' i"" 1(1':I.<r'~('~'l."1"':-~r 1:- nn "':{ t'f=I:lth I :....1'..n tn t.l'H.~' 1 ~\'I:'''t.n'~ t~:l;F' (\...~ 'ny ,'P!,!('lo(~~"t f'\;"'i~"l ~..-; :",n~l.r~ ""hnCC';1 'Jnyln1~ ()n~~' 01' '.'"1''' "'1' :"'l"~ 41n "'1 r~I~~" ~'r', l,"n~" 1,'"""/'" ~'~".\:l" nlJ'I' ':1"~""('l "I!"ai' nttr",'':f::n.. , ". I nw'. ....'(')n'~ t" t,'17' (', n' ')~ '..~:n~.'lY't. r!:,,~:y'~ 0Y' t" 1)1"" tl~~ ",', rJ :'''~I''''n,,'tj'tr' " O.t t',,~:' , '1:! In!~t :q 1 111' :'0 ~l ~"""\lt . I'i "1T" 1:' . (,1 I hI1V("! ;",:'{"n~~~n ~~nt' '~y ,<",!,'!'If'jr: 8' :~, t.l~1..o lnth ~i~Y of i\l1:"~ 'ft. ;\. D., 1'.'\' ,'\ /-,." !'" --- ':'~''''~ (""r:1 ) " ,',," 1 ,y ..~, ., 'f' n- r" ~.. , ~,n "~\.I' ,.',' ;:.." :,.." , . p ~~~,-; 1~:"q-" ,r" 1'1"' (, (oj r'~~' . ,..... .. ~'I ' ..... "'. t: . ~. , f~ ,~ . 1 ',' f',"'" ": . .. .~..~. '.. \. '!' .~.. ~ :'~:.. - ~"...: ..~.-..,~....:.. ~. , .T'" J..._......J,..._ - LIFE & CASUAL"" THE A:TNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 POWER OF AlTORNEV AND CERTIFICATE OF AUTHORITY OF AlTORNEV(S)-IN.FACT KNOW ALL MEN BY THESE PRESENTS, THAT THE .ETNA CASUAL fY AND SURElYCOMFANY, ;t corporation duly organized under the Iswsaf the Stale of ConnCCtil.:ut, and having its principal officI! in tho City of Hartford. County of Har1ford. Slllte of Connocticut, hath made, constituted and appointed. and does by these presenls make, conslitute and appoint Shirley A. EckcTd ... ... of Camp Hi 11, Pennayl vania . its true Rnd lawful Attorney(sHn-Foct. with full power andsuthoritv hereby conferred 10 sign. execute and acknowledge. at any place within the United StBtes, or, if the f.)Uowing line bo filled ln, wllhin the area there desig- nated . tho following instrumonlls}: by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other wfjling~ obligatory in the nature of a bond, recognizance, or conditional undertaking, and any arid all consents incidenfs 1hmcto not exceeding the sum of FIVE HUNDRED THOUSAND ($500,000.00) DOLLARS - and to bind THE A:TNA CASUALTY AND SURETY COMPANY, thereby as fully and to the same exlent 85 if tho same were signed by the duly Buthorized officers of lHE IETNACASUAL TV ANOSL:~ETY COMPANY, and all the acts of said Anorncy(s)-in.Fact, pursuant to theaulhoritv herein given, are hereby ratified and confirmed. This appointment IS made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: ~OTED: That each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, AnySeniorVice President, Any Vice 'resident. Any Assistant Vice President, Any Secretary, Anv Assistant Secretary, may from time to time appoint Resident Vice Presidents, Resident Alsistant Secretaries, Attorneys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointoefiuch authority as his "nificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of Ntdemnity, and other writings obligatory in the nature of a bond. recognizance, or conditional undortaking. and any of said officers or the Board of INrectors may at any time remove any such appointee and revoke the power and authority given him. W'OTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the naturo of a bond, recognizance, or conditional undertaking fl\aU be valid and binding upon the Company when (al signed by the Chalrmdn, the Vice Chairman, the Ptesidcnt, an Executive Vice President, a lenior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the ,ertificate of authority of 5uch Resident Vice President, and duly anested and sealed with the Company's scal by a Secretary or ~sistant Secretary or bV 8 Resident Assistant Secretary. pursuant to the power prescribed in the certificate of authority of such Resident Assistant Secretary; or (bl duly ,xecuted lunder seal, if required) by one or more Attorneys-in-Fact pursuant to the power prescribed in his or their certificate or certificates of .uthority . This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority af the following Standing Resolution voted by the Board of Directors of THE .ETNA CASUALlY AND SURETY COMPANY which Resolution isnow in full force and effect: VOTED: Thet the signature of each of the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice Prosldent, AnyVice President, Any Assistant Vice President, Any Secretery, Any Anistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointil1g Resident Vice Presidents, Resident Assistant Secretaries or AnorneYI.ln-FaCl for purpos.e& only of executing end anestlng bonds and undertakings and other writings obligatory in the nature thereof, and any IUch power of attorney or certificate bearing such feclimileslgnature ur facsimile s8alshall be valid and binding upon the Company and any such powor 10 executed and certified by such facsimile signature and facsimile seal shall be Vf:llid and binding upon the Company in the future with ..espect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF. THE oETNA CASUALTY AND SURETY COMPANY has caused Ihis instrumen..o be signed by ilS Vice President ' and its corporate leal 10 be hereto affiked this. 27 th day of April .'9 8l Assistant l:~~;~':"~~~:'~;~'< t, -1: '1 I<,U"OlOO .,' t 1.0.... "1 \- ,I:' ",<~:...,,,..:::-:.,.,.. THE .ETNA CASUALTY AND SURETY COMPANY BV 1?/..i2~/,,- Assistant Vice President State of Connecticut I S5. Hartford County of Hartfold On this 27th day of April .19 8l . before ma parsonolly came R. T. RIPPE , to me known, who. being by me duly .worn, did depose .nd "'V: that he/aha is A.'isl r; tanl Vice President of TliE .ETNA. CASUAL TV AND SURETY COMPANY, the corpofl1ion described in and which ekecl.lled the above instrume"t; th.t he/lhaknows the '8alot lIid corporation; th.tthe ,.al.ffi.ed to the said jn~trument il such corpo,.te seal; and th61 he/sho (lk8culed the Slid in,trumant on behalf of the corporation by authority of hillher office under the Standing Resolutions thereof. /":~:~~~~ <,.\ \> -. - '. ",,",'" ""~:;::.,:~;.,;:::'.. . -ill-iJ) Dl'VYl,ClnL_ cOmmIT.slon ekpilM March :'11. ~ ---NOiIry PUbliC nRllFlCA TE ',th. underligned. See retary of THE .ETNA CASLlAl TY AND SURETY COMPANY. 0 ,'od< co........."" 01.... Stili of Connecticut, 00 HEREBY CERtiFY tf\at (h, foregoing .nd .nM1\ed Power of ~notn-V and Ceniflute of Authority fetNiina en'utI fOfW.nd =:=:::::=::~::~:'::"t~~~S'O',::::~\~~.:,rty,er:: it ./.11 11 "". '. " /1 ,') J ,t~; ~-j- i " S:.:'::>.. ,-<"~ J ;J-i Vi.. lJ ,.-, Iy_ LL..__._ \. f ~t"C ft"-tary , " ,,"111M! ).1, '""",," _llD"'uS,A BOND LIFE & CASUAL1Y THE JETNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06156 . J i)'1! Lna:,n8 .',':1:')- )1~J1J , r.: t d d- cdS l8. , ',lSi~3~ , ",!"LQ'UjU~O::l31l .IS,S78.o) 8.67 " .... , RELEASE WHEREAS, Dauphin Deposit Bank and Trust Company, a division of FMB Bank, of Harrisburg, Pennsylvania is the duly appointed Substituted Trustee under Will of Adam M. Thorley of Cumberland County, Pennsylvania; and WHEREAS, the said Trustee has submitted to the said James R. Patrick periodic statements of its Trusteeship, which has been examined and approved by the said James R. Patrick; and WHEREAS, in order save the expense and delay incident to filing said account in the Orphans' Court Division of the Court of Common Pleas of Cumberland County and having the same confimled, the said James R. Patrick has requested Dauphin Deposit Bank and Trust Company, a division ofFMB Bank, Trustee, to make settlement with him at once. AND THEREFORE KNOW ALL MEN BY THESE PRESENTS that I, the said James R. Patrick have this day had and received of and from Dauphin Deposit Bank and Trust Company, a division ofFMB Bank, Trustee as aforesaid, the sum of Four Thousand Five Hundred Eighty-Six Dollars and Eleven Cents ($4,586.11) in cash in kind and in full settlement and satisfaction of all such sum or sums of money as are due me by reason of said Trusteeship, and THEREFORE I DO BY THESE PRESENTS remise, release, quit-claim and forever discharge the said Dauphin Deposit Bank and Trust Company, a division of FMB Bank, its successors and assigns, and of and from all actions, suits, payments, accounts, reckonings, claims and demands whatsoever for or by reason thereof, or of and from all other acts, matters, and things whatsoever including gross negligence, to tile day of the date hereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal 1hi0 ,1999. of