HomeMy WebLinkAbout08-4417F:\FILES\Clients\M & T-7259\Trtst\7259.287.pet1.wpd
Created: 9/20/04 0:06PM
Revised: 6125108 2:19pm
12278.1
No V. Otto III, E quire
I.D. No. 27763
Seth T. Mosebey Esquire
I.D. No. 203046
MARTS ON DE ORFF WILLIAMS OTTO GILROY & FALLER
MARTS ON LA OFFICES
10 East High Str et
Carlisle, PA 170 3
(717) 243-3341
IN RE: FIRST L THERAN : IN THE COURT OF COMMON PLEAS OF
EVANGELICAL LUTHERAN CHURCH : CUMBERLAND COUNTY, PENNSYLVANIA
CONSOLIDATE TRUST
:No. 2008- W17 LUTHERAN CHURCH CONSOLIDATED TRUST
AND NO , comes First Lutheran Church ("Petitioner") and hereby petitions to increase the
payout rate of the irst Evangelical Lutheran Church Consolidated Trust as follows:
1. Fir t Lutheran Church ("Petitioner") is a congregation of the Evangelical Lutheran
Church in Americ , a nonprofit corporation.
2. Pe 'tioner operates its church at 21 South Bedford Street, Carlisle, Cumberland
County, Per
3.
Evangelical
4.
York.
5.
6.
7.
Petitioner.
facturers and Traders Trust Company ("M&T") is the trustee of the First
Church Consolidated Trust ("Trust").
is a New York Corporation with an address at One M&T Plaza, Buffalo, New
Trust is perpetual and contains no remainder interest.
:inner is the sole beneficiary of the Trust.
r to 1980, the Trust was composed of many small accounts which benefitted
8. E
the Trust is not
9. T
ability to increas
10. P
11. P
12. N
has no objection
WHERE
to increase the D;
the Trust consists of several small accounts which have been consolidated,
bject to a single governing document.
governing documents of the Trust do not contain any restriction on Petitioner's
the payout rate of the Trust.
-suant to M&T's policy, the Trust currently has a payout rate of 3.75%.
itioner seeks to increase the payout rate of the Trust to 4.25%.
twithstanding M&T's corporate policy regarding the payout rate for trusts, M&T
increasing the payout rate of the Trust to 4.25%.
DRE, Petitioner respectfully requests that this Honorable Court permit Petitioner
out rate of the First Evangelical Lutheran Church Consolidated Trust to 4.25%.
MARTSON LAW OFFICES
Date: 7/231 G
By: !ia T, !No V. Otto III, Equire
I.D. No. 27763
Seth T. Mosebey, Esquire
I.D. No. 203046
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Petitioner
IN RE: FIRST LUTHERAN : IN THE COURT OF COMMON PLEAS OF
EVANGELICAL LUTHERAN CHURCH : CUMBERLAND COUNTY, PENNSYLVANIA
CONSOLIDATE TRUST
:No. 2008-
CONSENT OF PETITIONER
The undersigned, Tate Dillard, Business Administrator for Petitioner in the above-captioned
action, has read the foregoing Petition to Increase the Payout Rate of the First Evangelical Lutheran
Church Consolidated Trust and hereby consents to the Petition and agrees to the relief sought in the
Petition. By signing this Consent, Tate Dillard acknowledges that he is authorized to sign this
Consent on behalf of First Lutheran Church.
Tate illard, Business Administrator
IN RE: FIRST
EVANGELIC.
CONSOLIDA'
THERAN : IN THE COURT OF COMMON PLEAS OF
LUTHERAN CHURCH : CUMBERLAND COUNTY, PENNSYLVANIA
) TRUST
:No. 2008-
CONSENT
The
Company, has re
Lutheran Church
sought in the Peti
to sign this Cons(
David C. Gority, Vice President for Manufacturers and Traders Trust
the foregoing Petition to Increase the Payout Rate of the First Evangelical
Trust and hereby consents to the Petition and agrees to the relief
By signing this Consent, David C. Gority acknowledges that he is authorized
on behalf of Manufacturers and Traders Trust Company.
David C. Gority, Vic Prrje nt
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 Petition to Increase the Payout Rate of the First
Evangelical Lutheran Church Consolidated Trust was served this date by depositing same in the Post
Office at Carlisle PA, first class mail, postage prepaid, addressed as follows:
David C. Gority, Vice President
M&T Investment Group
One West High Street
P.O. Box 220
Carlisle, PA 17013
MARTSON LAW OFFICES
By
7 `
. Price
T EMast High Street
Carlisle, PA 17013
(717) 243-3341
Dated: ? l ?!?
?-{ 00
00
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-71
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JUL 2 4 2008
IN RE: FIRST LUTHERAN : IN THE COURT OF COMMON PLEAS OF
EVANGELICAL LUTHERAN CHURCH : CUMBERLAND COUNTY, PENNSYLVANIA
CONSOLIDATED TRUST
:No. 2008- 44117 Civi
{ ORDER
AND NOW, this ` 2,D aYof l , 2008, upon consideration of the
foregoing Petition to Increase the Payout Rate of the First Evangelical Lutheran Church Consolidated
Trust it is hereby ORDERED that the payout rate of the First Evangelical Lutheran Church
Consolidated Trust may be increased to a payout rate of 4.25%.
D' bution:
th T. Mosebey, Esquire
avid J. Gority, Vice President, M & T Investment Group
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