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TRUST
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NAME OF TRUST
(TRUST UNDER WILL OF FRANKDAVENPORT, JR.
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TRUST UNDER DEED OF ~_ ; -, ~-
DATED ) i _ __
No. 21-65-1983 ~'~' -: Y?
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PETITION FORADJUDICATION /
STATEMENT OF PROPOSED DISTRIBUTION
PURSUANT TO Pa. O.C. Rule d.9
This form may be used in all cases involving the Audit of Trust Accounts. If space is insufficient,
riders may be attached.
INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM:
Name of Counsel: WILLIAM CAMPBELL RIES, ESQ.
Supreme Court I.D. No.: 19919
Name of Law Firm: TUCKER ARENSBERG, P.C. - FIRM N0.287
Address: 1500 ONE PPG PLACE PITTSBURGH, PENNSYLVANIA 15222
Telephone: (412) 566-1212
Fax: (412) 594-5619
Form OC-02 rev 10.13.06
Page 1 of 10
Name of Trust:
1. Name(s) and addresses} of Petitioners}:
Petitioner: Petitioner: Suzanne Bieri
Name: Wachovia Bank, N.A. Attention: Diane Goad Assistant V.P.
Address: 100 North Queen Street P.O. BOX 3226
Lancaster, PA 17604-3226
2. Check if any of the following issues are involved in this case:
A. Appointment of Trustee ...........................................
B. Interpretation ...................................................
C. Discharge of Trustee .............................................
D. Transfer of Situs .................................................
E. Appointment ofAd Litem ..........................................
F. Minor, Unborn or Unascertained Beneficiary(ies) ......................
G. Principal Distribution .............................:...............
H. Partial/I<ull Termination of Trust ....................................
I. Missing Beneficiary{ies} ..........................................
J. Cy Pres ........................................................
K. WilliamsonIssue* ...............................................
L. Other Issues ....................................................
List:
Please note:
A detailed explanation of issues checked should be set forth at item 13 below.
'~` See Wi!llamso~i Estate, 3ti8 Pa. 343, 82 A.2d 49 (1951), if'1lvstee was also ]ixecutor of tho sottlor/decedent's ostate and
racoivcd oomnrissiona in such capacity.
Forn, oc.oa ,~ /o.ts.os Page 2 of 10
Name of Trust: FRANK DAVENPORT, JR.
3. Testamentary Trust:
Decedent's date of death: MAY 26, 1965
Date of Decedent's Wi11: OCTOBER 13,1952
Date(s) of Codicil(s):
Date of probate:
or
Inter Vivos Trust:
Date of Trust:
Date{s) of Amendment{s}:
4. A. If any other Court has taken jurisdiction of any matter relating to this Trust, explain:
B. Identify all prior accountings and provide dates of adjudication.
5. A. State how each Trustee was appointed:
WACHOVIA BANK IS SUCCESSOR ENTITY TO CORPORATE CO-TRUSTEE
APPOINTED UNDER THE WILL OF FRANK DAVENPORT, JR. AND
SUZANNE B. DAVENPORT (NOW BIERI) WAS APPOINTED AS
COTRUSTEE UNDER THE WILL OF FRANK DAVENPORT, JR.
B. If a Petitioner is not a Trustee, explain:
Foy oco.~ ~ ro.ts.o6 Page 3 of 10
Name of Trust: FRANK DAVENPORT, JR.
6. State how and when the present fund was awarded to Trustee{s}:
7.
Period covered by accounting: MARCH 16, 1974
~ FEBRUARY 28, 2007
8. Current fair market value of the Trust principal is $ 650,565.88 See page
2 of Account.)
9. State concisely the dispositive provisions of the Trust:
Upon the death of Frank Davenport, Jr., the residue of his estate was divided into two
separate trusts (Fund A and Fund B). Trost B was given to Central Trust Company
(now, through a series of bank mergers, Wachovia Bank, N.A.), as Co-Trustee with the
decedent's wife, Suzanne B. Davenport. The Trustee was directed "to distribute the
income and/or principal of the said Trust Estate" (a) to Decedent's wife, Suzanne B.
Davenport, for and during the term of her natural life; and (b) upon the death of
Decedent's wife, to each of the Decedent's children, per stirpes. In addition to the
payments of income, the Trustee is directed, in its discretion, to use and apply such
portion of the principal of the Trust Estate as maybe "necessary or required for the
maintenance, support and general welfare of [Decedent's] wife and/or [Decedent's]
children, or their issue, or for the education of any of [Decedent's] children or their issue.
10. Explain the reason for filing this Account {if filed because of the death of a party, state
name of person, relationship to Trust and date of death};
Remainder beneficiary, Frank Davenport, III, through his counsel, Neil Yahn, Esq., has
filed a petition for citation to show cause why an inventory and accounting should not be
filed by Wachovia Bank, N.A., Trustee. Wachovia has agreed to file an accounting,
which is attached.
Form OGO? ,~ 10. ~3. 06 Page 4 of 10
Name of Trust: FRANK DAVENPORT, JR.
11. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this
Audit (,ggg Pa. O.C. Rule 12.4):
n/a
12. A. State the amount of Pennsylvania Transfer Inheritance Tax and Pennsylvania Estate
Tax paid (including postponed tax on remainder interests), the dates of payment and
the interests upon which such amounts were paid:
Date Payment lxterest
B. If any such taxes remain unpaid or are in dispute, explain:
13. Describe any questions requiring Adjudication and state the position of Petitioner(s) and
give details of any issues identified in item 2:
Form OC-02 ,~ ~o.rs.oa Page S of 10
Name of Trust: FRANK DAVENPORT, JR.
14. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will
be given to all parties in interest listed in item 15 below. In addition, notice of any
questions requiring Adjudication as discussed in item 13 above has been or will be given
to all persons affected thereby.
A. If Notice has been given, attach a copy of the Notice as well as a list of the names
and addresses of the parties receiving such notice.
B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and
addresses of the parties receiving such Notice shall be submtted at the Audit
together with a statement executed by Petitioner(s) or counsel certifying that such
Notice has been given.
C. If any such party in interest is not sui juris (e.g., minors or incapacitated persons),
Notice of the Audit has been or will be given to the appropriate representative on
such party's behalf as required by Pa. O.C. Rule 5.2.
D. If any charitable interest is involved, Notice of the Audit has been ar will also be
given to the Attorney General as required under Pa. O.C. Rule 5.5. ]:n addition,
the Attorney General's clearance certificate (or proof of service of Notice and a
copy of such Notice) must be submitted herewith or at the Audit.
15. List all parties of whom Petitioner(s) has/have notice or knowledge, having or claiming
any interest in the Trust, whether such interest is vested or contingent, charitable or
non-charitable. This list shall:
A. State each party's relationship to the Settlor/Decedent and the nature of each
party's interest(s);
Suzanne B. Bieri widow of the Decedent beneficiary under
Country Meadows Retir. Comm. Will and Trusts of
4831 Trindle Road Decedent
Mechanicsburg, PA 17055
Ramsey B. Davenport -5511 North son of the Decedent remainder
Front Street -Harrisburg, PA beneficiary under
17110 Will and Trust of
Decedent
morn, oaoz nev !0.!3.06 Page 6 of 10
Name of Trust: FRANK DAVENPORT, JR..
Deborah Davenport
18 South 17th Street
Camp Hill, PA 17011
daughter of Decedent
remainder
beneficiary of Wi11
and Trust of
Decedent
Frank Davenport son of Decedent
94-843 Awanei Street
Waipahu, HI 96797-3109
remainder
beneficiary of Will
and Trust of
Decedent
B. Identify each party who is not sui juris (e.g., minors or incapacitated persons}.
For each such parry, give date of birth, the name of each Guardian and how each
Guardian was appointed. If no Guardian has been appointed, identify the next of
kin of such party, giving the name, address and relationship of each; and
C. If distribution is to be made to the personal representative of a deceased party,
state date of death, date and place of grant of Letters and type of Letters granted.
16. If Petitioners} has/have knowledge that a Trust share has been assigned or attached,
provide a copy of the assignment or attachment, together with any relevant supporting
documentation.
17. If a trustee's principal commission is claimed:
A. If based on a written agreement, attach a copy thereof.
Fam OC=02 rev 10.!3.06 Page 7 of 10
Name of Trust:
David S. Davenport
145 Neperan Road
Tarrytown, NY 10591
son of Decedent
remainder
beneficiary under
Will and Trust of
Decedent
B. Identify each party who is not sui juris (e.g., minors or incapacitated persons).
For each such party, give date of birth, the name of each Guardian and how each
Guardian was appointed. If no Guardian has been appointed, identify the next of
kin of such party, giving the name, address and relationship of each; and
C. If distribution is to be made to the personal representative of a deceased parry,
state date of death, date and place of grant of Letters and type of Letters granted.
16. If Petitioner(s) has/have knowledge that a Trust share has been assigned or attached,
provide a copy of the assignment or attachment, together with any relevant supporting
documentation.
17. If a trustee's principal commission is claimed:
A, if based on a written agreement, attach a copy thereof.
Form oc-0Z rev 10.13.06 Page 7Aof 10
Name of Trust: FRANK DAVENPORT, JR.
B. If a principal commission is claimed, state amount.
C. If a principal conunission is claimed, state the amounts and dates of any principal
commissions previously paid in prior accounting periods.
Amount Date Paid
18. If a reserve is requested, state amount and purpose.
Amount:
Purpose:
If a reserve is requested for counsel fees, has notice of the
amount of fees to be paid from the reserve been given to the
parties in interest? ........................................ ®Yes ®No
If so, attach a copy of the notice.
19. Is the Court being asked to direct
the filing of a Schedule of Distribution? .......................... ®Yes ®No
form oa02 rev IO.I3.06 Page H Of 1 O
0,5-Q1-07 15:15 WACHOVIA
ID=7172913503 P03/03
Name of Trust; FR,AN K DAVENpQRT, YR,
Wherefore, yot r Petitionex{s~ asks) that distribution be awarded to the parties entitled
and suggest(s) that the distributive shares of ipcome axed principal {residuary shares being stated
in propurtians, not arna ntnts) are as follows:
A. Income:
Prop~andbfsrl6 ~~
B. Principal:
PropacadbbW~ faefsl ~fmounl/Proporriar
~,.T
~_
Submitted $y;
(All petittoriers must sign.
14dd additional lines if necessary):
a ~ ~ ~~P
of Petitioner;
Name of Petitioner:
Fes„ oc-o~ my ~ar~.o~ page 9 of 10
0,5 ~l@1-07 15:15 WACHOVIA
ID=7172913503 P02/03
Name of Trust: FRAN C DAV~NPp1tT, 3R
verification of Petiaoner
('V'Crification must be by at lea8t one petitioner.}
The undersigae i hereby verifies * [that she ~ is u~k Assistant vice President
of the above-Warned ,~ : ~ra+,~o,~uro-~Wachavia Bank, N.A. _ ~_ and] that the facts set
forth in the foregoing F etition for Adjudication / Statement of proposed bist~`bution which are
within the personal ]rrlc vvledge of the Petitioner are true, and as to facts based on the iaforrnation
of others, the Petitioaa ,after diligent inquiry, believes them to be true; and that aay false
statements herein are n ade subject m the penalties of 18 Pa. C.S. § 4904 (relating to ur~sworn
falsification to autharit es).
Signature of Fetiticner
* Corporate patirloners rare t caupreta irackdeot iafor~aatlo,~
Certification of Counset
The undersignec .counsel hereby certifies that the foregoing petition for Adjudication /
Statement of Proposed r )istrlbutlon is a true and acourats reproduction of the folrn Petition
atitiaorized by the Supra ale Court, and that no changes to t~gfonn have beer~ade beyond th~
responsesherein. / / / ) ~ r
Signature of Counsel for Petitioner
Fov9nOCO2 mIQI~Q6 Page IO of I0