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Home My WebLink About08-08-78 (2) IN THE MATTER OF THE BAUGHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MEMORIAL METHODIST CHURCH TRUST, CCNB, TRUSTEE ORPHANS' COURT DIVISION NO. L.jJ9 ~. 1978 o R D E R AND NOW, this If l~aY of August 1978, upon Petition, it is ordered and directed that a rule issue upon CCNB, Trustee of the Baughman Memorial Methodist Church Trust, to show cause why said trust should not be modified to provide for specific provisions set forth in said Petition or revoked. '!._-~ Rule shall be returned within /'- days after date of this order. r~4ftg OR aG~ rule shall be held on thp - o'clock .M. in Court Room , 1978 at ----~ ------ -------.....-- ---------- -" --..... hea~..5't1"a:ll be given by posting in prominent day of < I 11:/ 'V.HI L/ 4J Thirty days notice of this 4. IJ r . place in the Bau Church and shall be announced in the Service of this rule shall be made by certified mail or personally upon respondent CCNB and service of copy of Order and Petition shall be made upon the Attorney General. BY THE COURT w~'~ I I!- J ero:.: 105 FAr:: 84 IN THE MATTER OF THE BAUGHMAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MEMORIAL METHODIST CHURCH TRUST, CCNB, TRUSTEE ORPHANS' COURT DIVISION NO. 1978 PETITION FOR RULE TO SHOW CAUSE Baughman Memorial United Methodist Church, through its attorney John H. Broujos, Esquire, sets forth the following petition for rule to show cause: 1 Petitioner is Baughman Memorial Methodist Church, acting through its Board of Trustees, of which Orville T. Anderson is Chairman, with principal location at Third and Bridge Streets, New Cumberland, Cumberland County, Pennsylvania. 2 Respondent is CCNB, a national bank and trust company organized under the laws of the Commonwealth of Pennsylvania, with principal place of business at 331 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. 3 On April 5, 1965, Baughman Memorial United Methodist Church as Settlor and Cumberland County National Bank and Trust Company as Trustee, entered into a Trust Agreement, establishing a Trust. Said Trust Agreement is attached hereto, made a part hereof, and labelled Exhibit A. 4 The said trust agreement is irrevocable. It does not provide for any means of distribution of the corpus of the trust. 5 The trust agreement does not contain a reserved power of amendment. 6 While the trust agreement does not state a specific purpose, the Settlor Baughman Memorial United Methodist Churcli declares that the purpose of the aforementioned trust was to hold funds received from donors who specifically requested that the funds remain intact. The funds were to remain intact until a specific need for ~l~m: 105 P,~r,: 80 13 If such modification of trust provisions cannot be accomplished, revocation of existing trust is requested. 14 Where Settlor is also the sole Beneficiary the Settlor may revoke trust. 15 Settlor may revoke trust even though trust purpose has not been accomplished and no power to revoke trust is reserved. 16 Modification or revocation of existing trust agreement is requested because of the following deficiencies in the agreement: a. It does not state a specific purpose. b. It does not provide for distribution of the corpus. c. It does not provide for t,e~mination of the t~ust. d. It does not provide for modification or revocation of existing agreement. WHEREFORE, Petitioner prays that Respondent Trustee show cause why said trust should not be modified or revoked. C:'\v ~ ~\+J~ ~ Attorn~y ./ / Me?: 10S f}I;E 82 . . . .. .., "'I, COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND ORVILLE T. ANDERSON, being duly sworn according to law does depose and state that he is Chairman of the Board of Trustees of Baughman United Methodist Church and that. as such Chairman he ~s familiar with the books and the records and accounts of said church and the matters set forth in the Petition above, and that as said Chairman he does depose that the facts set forth herein are true and correct to the best of his knowledge, information and belief. ~~c5!dokhuJ ORVILLE T. ANDERSON ' Sworn and subscribed to before me this / (.,.1] day of June, 1978. ..--' '---, L ;~t~1Jli~~;:r,-~f' ~" ',,(' ~." ',"~', i~ :'~~~~~~s'~~ Expires: ... 1;" . .w(...,~... .rt'l'"'flr)l,)p....,. ......J. " A r t.'C:lJ~Ir."d tJ-;' '_I~ '"I r J.tJUf: ~ &. ~<"l,'., .. (','~v.:}fnRq F:uW(JGH -:., < P, I) f\ \:.A,' ,1,1.,.. ,.;: C,)UNTY '" u. l ('f '}~i"":"')' ..... '... .....'~' ,,~ '.,J.",JL~_"l".~~j?;~.. 1/J~!t")4 1 ()~-~ "'~ ()_:~r.;....'~-;I.~\......y.'. '-. ,,-.! ',tf<.__ ,-' 't _ ,.'" (1If,":4 No ~t #.1 ."...,,, r " ~\fv:"trfr~' . BOOK 105 f.~I.:E 83 \, " " ..'1 l-, . ~ . .,. .~. '" ~: l.. ", ~.. - ..... ...... 1 - ~ "-~"'''''_ .'l'j SCHEDULE OF THE PROPERTY of The CONroLIDATED BEQUEST FUNDS TO THE BAUGHMAN MEMORIAL METHODIST CHURCH ESTATES OB': l.,/r../65 Total $ 900.00 1,000.00 500.00 100.00 L50.00 1,300.00 500.00 450.00 _.--?2 .00- $ 5,250.00 Owen James c. L. and Tillie Hale Harry and Katherine Buttorff Harriette M. Wichersham Sylvia B. Nen3dith Mary Malone Juliu~ and Susa~ Kaufman Frank ~nd Irene~cElroy Catherine f.. Hert:.;ler Totd 1,000.00 $, 6,250.00 Linnie H.. Smith . ~. f k,;.;'~'~_~7 ~'~s,~j~~~,~.{_~,~~~#~;~?t7;i:;~K,~~'~,-;.~:.~J,:~~~1~'J:;".!),;!ti'l);.f~~:;~-~-~'j~~,~~1!~1~1't~~7Ii,';:::,~,j~'I~~,).~~~;~ifti~~~~~1t~ L~".*'..iloOk.....~ ..t .", ,;....." ,: ')j.:' ,';;,.""",," ,.\ lJ~;.~1I'I~.~"':'.C~."""'j'",,')l:.""'''iI!~'''' . . ;, .'!.':';-~..-.,..'~- ..,-...,I.--,--,-_...'.~_.....;.~..:.----.;.:..._...--.,... .,._.........._.__.._...._._. _.......-...;....... This Trust Agreement made this . }-... f h day of , 1965, by and between the BALIGHJ'-1"AN MEMJHIAL M~1'HDDIST CHURCH of New Cumberland, Pennsyl vania, hereinafter called the "Grantor!!, and the CUHBERLAND COUNTY NATIONAL "Trustee"; BftNK AND TRITE'T COMPANY of New Cumberland, Pennsylvania, hereinafter called the WHE,'REAS, t.he Grantor has assigned, transferred and delivered to t.he Trustee the WITNESSETH; property de~cribed in the schedule hereto att.ached and made a part hereof, enti..tbd "Echedule of the Property of the Consolidated Bequest Funds to the Baughman Memorial Methodist Church"; NO~, THEREFORE, in consideration of the covenants herein contained, and intending to be lega.lly bound, the patties hereto agree as follows: 1. The Trustee shall hold and administer the said property and all other properties that may, from time to time, be added to this Trust (all of which property is ~ometimes referred to herein as the Trust Estate) in trust for the UBes and purposes and upon the terms and conditions hereinafter set forth. ,., c.. The Trustee shall invest the funds in the Trust Estate in accordance with the applicable laws relating to trust investments, and in such manner, as in the sole discretion of the Tru~tee, shall be designed to yield the best possible income; it being understood, however, that no specific yield is guaranteed by Trustee. 50 The Trustee shall pay over the income from time to time, in accordance with its practice in such matters, to the Baughman Memorial Methodist Church. 4. The Trustee shall have the duties, rights and powers as may be applicable to it under appropriate state and Federal statutes, regulations and case law. ~ I:" :;>. " Trustee may receive addi Hons to this trust at any time by deed of gift, will or otherwise from the Baughman Memorial Methodist Church or from any person or corporation. 6. This Trust shall be interpreted under the laws of the Commonwealth of Pennsylvania. 7. This Trust is hereby declared to be irrevocable. IN WITNESS wtffiFEOF the parties hereto have caused to be affixed the.!r s5_gnaturea and seale by their respective duly authorized officers. ~T.TEST~_~,.~~ ,~. "-~ //Y'/ - ~c____ BAUG~~ ~ORIAL ~~,~IST CHURCH .y:;f e '1.( Z .' . i le:7 ,;.:~ .. l?' 0/'. "/~..J 4~,::- By .~~ /J I I _ v...... -v q.. . ~ ." , II (j CU~~iA\{tf~ut&Tr N~~;;A~ if COMPAN~'J By f {Et(. / ATTEST: r. / 6/ :;J2<i ",' '-Lt.; K t1..ND TRUST :7 , . / 1'..-- ((:"." -. 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