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F:\FILES\12692\12692.1.oQiections 1
Created: 9/20/04 0:06PM
Revised: 8/24/07 2:39pm
12278.1
Ivo V. Otto III, Esquire
I.D. No. 27763
Seth T. Mosebey, Esquire
I.D. No. 203046
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER
MARTSON LAW OFFICES
10 East High Street
Carlisle, P A 17013
(717) 243-3341
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
In Re: Estate of Camilla R. Westcott,
Deceased.
Orphans' Court Division
No.: 21-05-0491
OBJECTIONS TO STATEMENT OF PROPOSED DISTRIBUTION
To the Honorable Judges of said Court:
NOW COMES, the Objector, William W. Westcott, by his counsel, MARTSON
DEARDORFF WILLIAMS OTTO GILROY & FALLER, and respectfully avers the following
Objections to Statement of Proposed Distribution:
1. The above-named decedent, Camilla R. Westcott ("Decedent"), died on May 19,
2005.
2. William W. Westcott ("Objector") is Decedent's son.
3. The Register of Wills admitted to probate as the last will and testament of Decedent
a writing dated February 17, 1978 ("Will").
4. Pursuant to Decedent's Will, Decedent created a trust for the benefit of Objector and
appointed Commonwealth National Bank as Trustee of the trust.
5. Objector is the sole income beneficiary of the trust.
6. At the time Decedent signed her Will, Commonwealth National Bank maintained a
prominent presence in central Pennsylvania and specifically maintained a local office in Carlisle.
7. Through a series of transactions, however, Commonwealth National Bank was
absorbed so that the Trustee is now Mellon Bank.
8. Mellon Bank no longer maintains an office in Carlisle, Pennsylvania.
9. In this case, the removal of Mellon and substitution of a Trustee with local offices
will serve Mr. Westcott's interests and would not be inconsistent with any material purpose of the
Trust.
10. A suitable successor trustee in the form ofM&T Bank is available and willing to act
as Trustee.
11. The change in circumstances with respect to Commonwealth's identity and location
represents the types of change which support removal under the statute referenced above and
interpretive case law.
12. Additionally, M&T Bank currently acts as Trustee with respect to a trust created
under Objector's father's will.
13. Permitting M&T to act as Trustee with respect to the trust under Decedent's will
achieves potential economies and will allow for better coordination of investment and management
of both trusts.
14. Objector also has a variety of medical issues that influence his desire to name M&T
Bank as Trustee. It is his firm belief that M&T Bank, which has a local presence and with which
Objector has a current fiduciary relationship, can serve his interests more effectively.
15. Pursuant to Pa. R.c.P. 235, notice of these Objections was mailed to the Attorney
General on August 24, 2007.
WHEREFORE, Objector respectfully requests that this Honorable Court appoint an auditor
to rule upon the Objections.
MARTS ON LAW OFFICES
By~.tP :;:. ~
Ivo V. Otto III, Esquire
J.D. Number 27763
Seth T. Mosebey, Esquire
I.D. Number 203046
Ten East High Street
Carlisle, P A 17013
(717) 243-3341
Attorneys for Objector
Dated: August 24, 2007
CERTIFICATE OF SERVICE
I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller,
hereby certify that a copy of the foregoing Objections to Statement of Proposed Distribution was
served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage
prepaid, addressed as follows:
Joseph E. Bell, Jr., Esquire
Mellon Financial Corporation
4th Floor
1735 Market Street
Philadelphia, P A 19103
Roger M. Morgenthal, Esquire
2515 North Front Street
Harrisburg, P A 17110
and by Certified Mail, return receipt requested to:
Pennsylvania Office of Attorney General
16th Floor
Strawberry Square
Harrisburg, PAl 7120
MARTSON LAW OFFICES
BY~1t ,av
M . Price
Ten st HIgh Street
Carlisle, PA 17013
(717) 243-3341
Dated: August 24, 2007