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HomeMy WebLinkAbout10-11-78 HES:dnz 911317 ;:,.l , . IN THE MATTER OF THE BAUGHMAN MEMORIAL METHODIST CHURCH TRUST, CCNB, TRUSTEE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA ORPHANS' COURT DIVISION NO. 419 ORPHANS' 1978 ANSWER OF CCNB BANK, N. A. TO RULE TO SHOW CAUSE CCNB BANK, N. A., formerly Cumberland County National Bank and Trust Company, makes Answer to the Petition filed in the above-entitled matter as follows: 1. CCNB Bank, N. A., after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the averments of paragraph 1 of the Complaint and demands proof thereof. The Petitioner is identified in the introductory paragraph of the Petition as Baugham Memorial United Methodist Church and in paragraph 1 of the Petition is identified as Baughman Memorial Methodist Church. In Exhibit "A" attached to the Petition one of the parties is identified as Baughman Memorial Methodist Church and in the affidavit to the Petition is identi- fied as Baughman United Methodist Church. 2. As to paragraph 2 of the Petition it is denied that CCNB Bank, N. A. is organized under the laws of the Commonwealth of Pennsylvania. On the contrary, it is averred that CCNB Bank, N. A. is a national banking association created under the laws of the United States and has its principal place of business at 331 Bridge Street, New Cumberland, Cumberland County, Pennsylvania. WES :dnz 911317 ~. , . 3. It is admitted that, as to the averments of paragraph 3 of the Petition, Cumberland County Bank and Trust Company, predecessor of CCNB Bank, N. A., entered into the Trust Agreement, labeled Exhibit "A" in the Petition, with the other party therein identified. 4. As to the averments of paragraphs 4 and 5 of the Petition, the Trust Agreement speaks for itself and the matters averred are ques- tions of law. 5. The averments of paragraph 6 of the Petition as stated are denied. It is averred that the Trust Agreement does state specific pur- poses of the Trust which were the only intended purposes of the "grantor" or Settlor. CCNB Bank, N. A., after reasonable investigation, is without knowledge or information sufficient to form a belief as to the truth of the other averments of said paragraph, namely, any purpose or purposes other than those set forth in the Trust Agreement, and therefore demands proof thereof. 6. As to the averments of paragraphs, 7, 8, 9 and 10 of the Petition" CCNB Bank, N. A., after reaonsable investigation, is without knowledge or information sufficient to form a belief as to the truth of the averments of said paragraphs and therefore, being deemed denied, demands proof thereof. '7. As to the averments of paragraphs 11 and 12 of the Petition, CCNB Bank, N. A. believes, and therefore avers, that it is without authority, -2- v)E$: dnz 911317 ... , . by the terms of the Trust Agreement, to modify the said Trust Agreement especially as to its purposes, operation and term. 8. As to the averments of paragraphs 13, 14, 15 and 16 of the Petition, CCNB Bank, N. A., as Trustee, believes and therefore avers that the revocation of the Trust Agreement would be contrary to the purposes of the Trust Agreement and contrary to the purpose of certain gifts made to the trust fund. Whether the Trust Agreement is to be modified or revoked, however, is a legal issue to be resolved after proper notice and proof by the Court and CCNB Bank, N. A., as Trustee, will comply with any order entered. WHEREFORE CCNB BANK, N. A., as Trustee, prays for determination of 'the issues. NAUMAN, SMITH, SHISSLER & HALL ,'r-- k / (>co ~' \. <' I . f By ,(~r,-, Il,v Be~gner Building Post Office Box 840 Harrisburg, Pennsylvania 17108 Telephone No. 717 236-3010 Attorney for Trustee lVJlL(__ DATED; October Ie' , 1978 -3- WES:dnz 911317 ~p 4' ." ., It COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND R. WILLIAM MAURER, being duly sworn according to law, deposes and says that he is trust officer of CCNB Bank, N. A., Trustee under the Trust Agreement with Baughman Memorial Methodist Church, and that the facts set forth in the foregoing Answer are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this fL' t~..day of October, 1978. 'Eli ,,/. ./~~ ''''VUiA i''- .~ , If tary '""Pubb c I.i .~ My commission expires: PHYLLIS J. ROSS, Notary P~blic Camp Hill, C~""~erlend Co., Pa. My Ccmr;,issicn Expires July 5, 1981 WES :dnz 911317 . . . .. CERTIFICATE OF SERVICE AND NOW, this eleventh day of October, 1978, I, W. E. SHISSLER, ESQUIRE, a member of the firm of Nauman, Smith, Shissler & Hall, Attorneys for CCNB Bank, N. A., hereby certify that I this day served the within Answer of CCNB Bank, N. A. to Rule to Show Cause by depositing a copy thereof in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to the party or attorney of record as follows: JOHN H. BROUJOS, ESQUIRE 4 North Hanover Street Carlisle, Pennsylvania 17013 wl(11er~')~~u~~~ QCt ~.. Fifth Floor Bergner Building P. O. Box 840 Harrisburg, Pennsylvania 17108 r--=- ~ /, :...... ~ t ~ . fa , ,~ -0: ~ ~ tI:l > ~ '"' c...., ~ ~ 5 ~; :r ~ . i ~ en :t> 0 ~ . . I ~ . ~~ ;u CJ1 tzj ;; ;u lD . en ! :;d n n (jj 1'1 ~ Q ::c ~ en ED ;u ~ r en :;d 0 ~ ... c:: [iJ , 1.0 c Gl ~ :t> ::r' . ~ tI:l :;d ;u z ::E ..... 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