The URL can be used to link to this page

Home My WebLink About96-0483 F:\FILES\EST A TES\66 13\6613. 7.pclilion 10 eombinel6613. 7 elm INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION TRUST UNDER AGREEMENT, MILFORD F. ITZ FBO NANCY ITZ SIMPSON AND DEBORAH STARR MYERS; TRUST UNDER AGREEMENT, MAXINE W. ITZ FBO NANCY ITZ SIMPSON; TRUST UNDER AGREEMENT, MAXINE W. ITZ, FBO DEBORAH STARR MYERS FILE NO. 1996-0483 FILE NO. 2004-1154 PETITION FOR COMBINATION OF TRUSTS IN ACCORDANCE WITH 20 PA. CONS. STAT. ~7192() 2 ~ ~ ~ i:'~~,; AND NOW, comes MANUFACTURERS AND TRADERS TRUST COM~~ as ~ces~r, 19J FARMERS TRUST COMPANY, by and through its attorneys, MARTSON LA W O~S, ~ petiti~~ . 00 C") the Court as follows: ? 11 ~ .' =;::: :0 -"-.~ ('::~I .-:-0 ---j W r'-: ;'h I. BACKGROUND )e> N c/' . .- 1. The above-named Trusts were created pursuant to Agreement of Trusts dated October 20, 1993, of Milford F. Itz and Maxine W. Itz, Settlor, respectively, a copy of each Agreement being attached as Exhibits "A" and "B", respectively. 2. For each such Agreement, Farmers Trust Company was appointed trustee of one or more testamentary trusts. 3. Since the creation of these trusts, Manufacturers and Traders Trust Company became the successor to Farmers Trust Company. 4. Under each Agreement, a trust for the benefit of Nancy Itz Simpson and a separate trust for the benefit of Deborah Starr Myers were established, with the terms of each such trust for the benefit of such beneficiary being identical. To date, under the Agreement of Trust of Milford F. Itz, the trusts for the benefit of the beneficiaries has been held by Trustee as one trust. It is the intention of the trustee to split the trust under the Agreement of Milford F. Itz into two separate trusts for the benefit of each of the above beneficiaries. II. COMBINATION OF TRUSTS 5. The trusts under the Agreements of Milford F. Itz and Maxine W. Itz for the benefit ofN ancy Itz Simpson would be more efficiently administered if combined into a single trust. 6. The trusts under the Agreements of Milford F. Itz and Maxine W. Itz for the benefit of Deborah Starr Myers would be more efficiently administered if combined into a single trust. -1- 7. Petitioner is willing to act as trustee for the two resulting combined trusts. 8. Nancy Itz Simpson and Deborah Starr Myers, as income beneficiaries, have consented to and join in this Petition, as evidenced by the Consents and Joinders attached hereto as Exhibit "C". 9. The remaindermen of the trusts for the benefit of Nancy Itz Simpson are Deborah Starr Myers, Jason Myers and Jared Myers. 10. The remaindermen of the trusts for the benefit of Deborah Starr Myers are Jason Myers and Jared Myers. 11. Deborah Starr Myers, Jason Myers and Jared Myers, as remaindermen for the trusts for the benefit of Nancy Itz Simpson, have joined in this petition to combine the trusts for the benefit of Nancy Itz Simpson, which joinders are attached hereto as Exhibit "D". 12. Jason Myers and Jared Myers, as remaindermen for the trusts for the benefit of Deborah Starr Myers, have joined in this petition to combine the trusts for the benefit of Deborah Starr Myers, which joinders are attached hereto as Exhibit "D". WHEREFORE, the petitioner, MANUFACTURERS AND TRADERS TRUST COMPANY, respectfully requests that this Court enter an order that the trusts for the benefit of Nancy Itz Simpson be combined and administered as a single trust and further that the trusts for the benefit of Deborah Starr Myers be similarly combined and administered as a single trust, with the petitioner, MANUFACTURERS AND TRADERS TRUST COMPANY, continuing as trustee of the two resulting combined trusts. Respectfully submitted, MARTSON LAW OFFICES Date: t:. /;2 & )t 1 \, \\ \ - C~~\\ By ~>W~~ Ivo V. Otto III, Esquire PA Attorney I.D. No. 27763 10 East High Street Carlisle, PAl 7013 (717) 243-3341 Attorneys for Petitioner -2- VERIFICATION I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Dated: & II J /J '7 MANUFACTURERS AND TRADERS TRUST COMPANY I -3- INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION TRUST UNDER AGREEMENT, MILFORD F. ITZ FBO NANCY ITZ SIMPSON AND DEBORAH STARR MYERS; TRUST UNDER AGREEMENT, MAXINE W. ITZ FBO NANCY ITZ SIMPSON; TRUST UNDER AGREEMENT, MAXINE W. ITZ, FBO DEBORAH STARR MYERS FILE NO. 1996-0483 FILE NO. 2004-1154 CONSENT AND JOINDER OF NANCY ITZ SIMPSON COMMONWEALTH OF PENNSYL VANIA ) : SS. COUNTY OF CUMBERLAND ) I, Nancy Hz Simpson, income beneficiary oftrusts under Agreement of Milford F. Hz and Maxine W. Hz, respectively, do hereby join in and consent to the foregoing Petition for Combination of Trusts in Accordance with 20 Pa. Cons. Stat. ~ 7192, whereby it is requested that such trusts for my benefit be combined and administered as a single trust for ease of administration and that Manufacturers and Traders Company continue as trustee of the combined trusts for further administr ion Sworn to and subscribed before me .-tIt 1 thIS ~ day of "- {:,'flU (' - . .~) ". _t.'1tLLLlq ~ . tLl'f....."-4--" Notary Public a COMMONWEALTH OF PENNSYL lA NOTARIAL SEAL Corrine L. Myers, Notary Public Carlisle Borough, Cumberland County My commission expires May 27. 2011 ,2007. Exhibit "C" INRE: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION TRUST UNDER AGREEMENT, MILFORD F. ITZ FBO NANCY ITZ SIMPSON AND DEBORAH STARR MYERS; TRUST UNDER AGREEMENT, MAXINE W. ITZ FBO NANCY ITZ SIMPSON; TRUST UNDER AGREEMENT, MAXINE W. ITZ, FBO DEBORAH STARR MYERS FILE NO. 1996-0483 FILE NO. 2004-1154 CONSENT AND JOINDER OF DEBORAH STARR MYERS COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF LUZERNE ) I, Deborah Starr Myers, income beneficiary of trusts under Agreement of Milford F. Itz and Maxine W. Hz, respectively, do hereby join in and consent to the foregoing Petition for Combination of Trusts in Accordance with 20 Pa. Cons. Stat. ~ 7192, whereby it is requested that such trusts for my benefit be combined and administered as a single trust for ease of administration and that Manufacturers and Traders Company continue as trustee of the combined trusts for further administration ~71411_1 L)!;[A A~ JJJ1yi~ De orah Starr Myers ' S worn to and subscribed before me DEBORAH STARR MYERS this 4TH day of JUNE ,2007. ~;u'bli~L' (1(\ ~')\l",^-_ O&.Ol: 'Z;J, iNnf SHIdXi NOfSSInftCX) Aft AJ.NnO:) !INUZm '0108 HO.1SDNDI :>n81ld JJf'iJDN 'NRJNY:) :DIM" 1Y3S '1VRfY~ON 'd1N'd^lASNted:JO Hl"lVWNclN'tOO Exhibit "C" INRE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION TRUST UNDER AGREEMENT, MILFORD F. ITZ FBO NANCY ITZ SIMPSON AND DEBORAH STARR MYERS; TRUST UNDER AGREEMENT, MAXINE W. ITZ FBO NANCY ITZ SIMPSON; TRUST UNDER AGREEMENT, MAXINE W. ITZ, FBO DEBORAH STARR MYERS FILE NO. 1996-0483 : FILE NO. 2004-1154 STATEMENT OF JOINDER Deborah Starr Myers, being an interested party under the above-named testamentary trusts for the benefit of Nancy Itz Simpson, hereby joins in the prayer ofthe Petition and requests that this Court enter an order permitting the combination of the above trusts for the benefit of Nancy Hz Simpson into a single trust for ease of administration, in accordance with 20 Pa. Cons. Stat. ~7192, with Manufacturers and Traders Trust Company continuing as trustee of the combined trust for further administration. Dated: Q1t,/}~ LI; ..;;{ L) () 7 f/, ~ 01 t, /), iJr-t;2" " ... Ai-- 04/~ eoorah, Starr Myers Exhibit "D" INRE: : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION TRUST UNDER AGREEMENT, MILFORD F. ITZ FBO NANCY ITZ SIMPSON AND DEBORAH STARR MYERS; TRUST UNDER AGREEMENT, MAXINE W. ITZ FBO NANCY ITZ SIMPSON; TRUST UNDER AGREEMENT, MAXINE W. ITZ, FBO DEBORAH STARR MYERS FILE NO. 1996-0483 FILE NO. 2004-1154 STATEMENT OF JOINDER Jared Myers, being an interested party under the above-named testamentary trusts for the benefit of Nancy Hz Simpson, hereby joins in the prayer of the Petition and requests that this Court enter an order permitting the combination of the above trusts for the benefit of Nancy Hz Simpson into a single trust for ease of administration, in accordance with 20 Pa. Cons. Stat. ~7192, with Manufacturers and Traders Trust Dated: Exhibit "D" INRE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION TRUST UNDER AGREEMENT, MILFORD F. ITZ FBO NANCY ITZ SIMPSON AND DEBORAH STARR MYERS; TRUST UNDER AGREEMENT, MAXINE W. ITZ FBO NANCY ITZ SIMPSON; TRUST UNDER AGREEMENT, MAXINE W. ITZ, FBO DEBORAH STARR MYERS FILE NO. 1996-0483 FILE NO. 2004-1154 STATEMENT OF JOINDER Jason Myers, being an interested party under the above-named testamentary trusts for the benefit of Nancy Itz Simpson, hereby joins in the prayer of the Petition and requests that this Court enter an order permitting the combination of the above trusts for the benefit of Nancy Itz Simpson into a single trust for ease of administration, in accordance with 20 Pa. Cons. Stat. ~7192, with Manufacturers and Traders Trust Company continuing as trustee of the combined trust for further administration. Dated: ~~'.r::"7 Jas n Myers . Exhibit "D" .. JUN J 6 2007 ;ttI / "y INRE: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ORPHANS' COURT DIVISION TRUST UNDER AGREEMENT, MILFORD F. ITZ FBO NANCY ITZ SIMPSON AND DEBORAH STARR MYERS; TRUST UNDER AGREEMENT, MAXINE W. ITZ FBO NANCY ITZ SIMPSON; TRUST UNDER AGREEMENT, MAXINE W. ITZ, FBO DEBORAH STARR MYERS : FILE NO. 1996-0483 : FILE NO. 2004-1154 DECREE AND NOW, this 11 -\L day of ~ IV\ ~ ' 2007, upon consideration ofthe annexed Petition, it is hereby ordered and decreed that the trusts for the benefit of Nancy Hz Simpson be combined and administered as a single trust and that the trusts for the benefit of Deborah Starr Myers be combined and administered as a single trust for ease of administration, in accordance with 20 Pa. Cons. Stat. ~7192, and that petitioner, MANUFACTURERS AND TRADERS COMPANY, continue as trustee of the combined trusts for further administration. BY THE COURT, , J. (") S;o '.,,;:0 '"'-0 3~P -'-~rn " "- ::0 ..u3^ ~.::'oo :::)QI1 ',J '--- . ::0 :-0-; p ,...", = = -... <'-. c:: r- I N :1'J i-n C~) r) .x, CJ rTl CJ ('JC) '" -Tl " ("") ,_ 11"1 (_/) :x:w. :J: - - .. c ~ ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: TRUST UNDER AGREEMENT MILFORD F ITZ FBO NANCY ITZ SIMPSON AND DEBORAH STARR MYERS TRUST UNDER AGREEMENT MAXINE W ITZ FBO NANCY ITZ SIMPSON TRUST UNDER AGREEMENT MAXINE W ITZ FBO DEBORAH STARR MYERS CUMBERLAND COUNTY PENNSYLVANIA NO. 1996-483 AND 2004-1154 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: 06-29-07 JUDGE'S INITIALS: JWO TIME STAMP DATE: 07-02-07 IN RE: DECREE """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: DAVID C GORITY NANCY I SIMPSON DEBOARH S MYERS AND MARTSON LAW OFFICE ATTN CLM METHOD OF MAILING: ENVELOPES PROVIDED BY: I:8J USPS DRRR o HAND DELIVERED o OTHER_ I:8J PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: 07-03-07 """""""""""""""""""""""""""""""""""""""""""""""""""""""""""""" SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY: o USPS DRRR o HAND DELIVERED o OTHER_ o PETITIONER o JUDGE o CLERK OF ORPHANS COURT MAILED: Deputy Clerk of Orphans' Court