HomeMy WebLinkAbout03-12-79
WES:dnz 911317 3/8/79
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
AMENDED PETITION FOR RULE TO SHOW CAUSE
CCNB Bank, N. A. (hereinafter referred to as CCNB) makes answer
to the Amended Petition of Baughman Memorial Methodist Church (hereinafter
referred to as Church), for a Rule to Show Cause why the Trust Agreement
dated April 5, 1965, a copy of which is attached as Exhibit "A" to the
original Petition, should not be modified as per the attachment to the
Amended Petition and substituted for the Trust Agreement of April 5, 1965,
as follows:
1. The Amended Petition is not supported by an affidavit of a
Church officer and no corporate action by the Church is averred.
2. The averments of Paragraph 1 of the Amended Petition are
admitted as stated but it is further averred that on October 16, 1978
CCNB filed an Answer to the original Rule of the Church and the allegations
of said Answer are reasserted and by reference thereto are incorporated
herein.
3. The averments of Paragraph 2, if material, are denied as
stated and, on the contrary, it is averred that following the filing by
the Bank of the aforesaid Answer there were no negotiations on the question
WES:dnz 911317 3/9/79
of modification and/or revocation of the Trust since CCNB in Paragraph 7 of its
Answer pleaded that it believed it was without authority, by the terms of the
Trust Agreement, to modify the Trust Agreement and in Paragraph 8 of its
Answer pleaded that it believed the revocation of the Trust Agreement would be
contrary to the purpose of the Trust Agreement and contrary to the purposes of
certain gifts made to the Trust Fund.
4. The averments of Paragraph 3 are deemed not to require an answer
but, if an answer is deemed required, the Bank believes and therefore avers
that it cannot agree:
(a) to a modification of the Trust Agreement of April 5, 1965;
(b) to the substitution of the Modified Trust Agreement as sub-
mitted in place of the existing Trust Agreement;
(c) to the adjustment of the Trust accounts as stated in Para-
graph 3 of the Petition; and
(d) to take or condone any act contrary to the expressed pur-
poses and term of the original Trust Agreement or in contravention
of certain gifts made to the said Trust Fund.
5. Although the Bank believes that the proposed Modified Trust Agree-
ment is contrary to and in contravention of the Trust Agreement of April 5, 1965,
it nevertheless suggests that the legal issues be resolved by the Court after
proof of proper notice. Further, the Bank, as Trustee, continues its willing-
ness to abide by an Order entered, but would wish to be released of any and
all liability relating in any way to its trusteeship under the original Agree-
ment.
-2-
WES:dnz 911317 3/8/79
WHEREFORE, CCNB Bank, N. A., as Trustee, prays for determination of
the issues.
By
NAUMAN, SMITH, SHISSLER & HALL
l!1)~~
/C)'L. '- . J^-
Bergner Building
Post Office Box 840
Harrisburg, PA 17108
Telephone 717 236-3010
Attorney for Trustee
DATED:
~
March g , 1979
-3-
WES:dnz 911317 3/8/79
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 to the Amended Petition are true and correct
to the best of his knowledge, information and belief.
,-?,
.' ///~~ ~;~~
/ .-
R. William urer
Sworn to and subscribed before me
this j'!-6 day of March 1979.
My co~i~sion expires:
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WES:dnz 911317 3/8/79
, . . ,
CERTIFICATE OF SERVICE
,. ~.
AND NOW, thiS(~ - day of March 1979, 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 Amended Petition for 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, PA 17013
I '; \; 'e' "
\~ll C .1t'-L~'L.tL.__
w. E. Shissler, Esquire
Fifth Floor
Bergner Building
P. O. Box 840
Harrisburg, PA 17108
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