The URL can be used to link to this page

Home My WebLink About05-12-09 n ~~ ~-, -,., n .~ __ , ._ . Jeffrey R. Boswell, Esquire p ~ -~,.~ ~ ~ : Supreme Court LD. #25444 !•-' ~~" n _ "'~ - ` BOSWELL, TINTNER & PICCOLA ~ ~. ~ } E 315 North Front Street =. - r,~3 ~ _ N - -- P. O. Box 741 =-? ~~~ --~ `- - - - Harrisburg, Pennsylvania 17108-0741 , "%G ~ ~ ~ ~. - - Phone (717-236-9377) r j C _ ~ - -_' Fax (717-236-9316) -i ~ - q ~ __ ~ E-mail (iboswell(a~btpalaw.com) ~ CI1 iT IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS SARAH McCREA CHAPMAN JONES :CUMBERLAND COUNTY, PENNSYLVANIA LATE OF LOWER MIFFLIN TWP., :ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PA., DECEASED. : NO. 2009-00329 (21-09-0329) OBJECTION IN THE FORM OF AN ANSWER TO PETITION TO TERMINATE TRUST AND NOW, come Henry L. Chapman, Karen E. Chapman, and Katharine Chapman Michalka, Contingent Beneficiaries of the Testamentary Trust of Sarah McCrea Chapman Jones (referred to herein as "Contingent Beneficiaries"), by and through their attorneys, Jeffrey R. Boswell, Esquire, and Boswell, Tintner & Piccola, and hereby file this Objection in the Form of an Answer to the Petition to Terminate Trust filed by Manufacturers and Traders Trust Company (referred to herein as "M&T"), as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part, and denied in part. Contingent Beneficiaries admit that Decedent's Last Will and Testament provided for the establishment of numerous trusts, but deny all trusts were established as provided for, having no specific information concerning their establishment and, thus, Contingent Beneficiaries demand information about the establishment of any and all trusts and demand production of all financial details, bank statements, investment activities, reports, and annual tax returns concerning the administration of the trusts. Further, Contingent Beneficiaries demand M&T execute IRS Form 2848 to authorize release of all tax returns filed during the time period of all trusts pertinent to Alfred McCrea Chapman, the father of the Contingent Beneficiaries. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied. Contingent Beneficiaries are without information in order to form a belief as to this averment, and Respondents demand proof as to this averment. 12. Denied. Contingent Beneficiaries are without information in order to form a belief as to this averment, and Respondents demand proof as to this averment. 13. Denied. Alfred McCrea Chapman (herein referred to as "Beneficiary") could benefit from the value or income that could be generated by the Chapman Lodge property, including the adjacent land, with any income to be used for his present care. 14. Admitted in part, and denied in part. Contingent Beneficiaries admit that Alfred McCrea Chapman suffers from chronic serious mental illness. However, Contingent Beneficiaries aver that Alfred McCrea Chapman could benefit from the value and income that could be generated by the Chapman Lodge property, including the adjacent land, with proper management of these resources to produce income for the Beneficiary's present care. 15. Admitted in part, and denied in part. Contingent Beneficiaries admit that a letter dated July 26, 1988, exists concerning the Beneficiary's desires on or about July 26, 1988. However, Contingent Beneficiaries aver that the July 26, 1988, letter does not address Beneficiary's present desire or the benefit that he could gain from income that could be generated with proper management of the Chapman Lodge property, including the adjacent land. 16. Admitted in part, and denied in part. Contingent Beneficiaries admit that if it is proven that the Beneficiary has no need for the subject property, his children as Contingent Beneficiaries become joint life tenants in Chapman Lodge and its adjacent land. Contingent Beneficiaries aver that the children are adults and are available and able to use the Chapman Lodge property, including its adjacent land, as life tenants for proper purposes. 17. Admitted. 18. Admitted. 19. Admitted in part, and denied in part. Contingent Beneficiaries admit that Katharine Chapman Michalka executed a statement on February 23, 2007, which was attached to M&T's Petition as Exhibit "D." However, Contingent Beneficiaries aver that the Trustees have not made full disclosure as to the costs and details pertinent to the maintenance of Chapman Lodge property and the adjacent land, and, thus, deny the averment as stated. The Contingent Beneficiaries demand proof of all maintenance costs and all details of administration of the subject property, including the source and use of all income, all records, accounts, bank statements, and tax returns. 20. Admitted. 21. Admitted in part, and denied in part. Contingent Beneficiaries admit that Co-trustee M&T has expressed its desire to terminate the trust and to make immediate distribution to St. John's Episcopal Church in Carlisle, Pennsylvania. However, Contingent Beneficiaries deny that distribution is warranted or appropriate, as the Trustees have not made full disclosure of all details of the trust administration to Contingent Beneficiaries. Furthermore, M&T's request for relief is contrary to the express directives of the Testamentary Trust. 22. Denied. The Petitioner states a conclusion of law to which no response is necessary. However, to the extent that a response is necessary, Contingent Beneficiaries aver that distribution of the trusts' assets to St. John's Episcopal Church is contrary to the Testamentary Trust's express directives and purposes, including benefit to the Beneficiary and, thereafter, the Contingent Beneficiaries (as life tenants), from the use of Chapman Lodge property and the adjacent land. NEW MATTER 23. Contingent Beneficiaries incorporate the answers set forth in paragraphs 1 through 22 in this New Matter without the necessity to restate same. 24. Neither Co-trustee Manufacturers & Traders Trust Company, nor Co-trustee John McCrea, III, has provided an accounting as to the details of the administration of this trust and, therefore, Contingent Beneficiaries demand a full accounting. 25. In her Last Will and Testament and her First Codicil, Sarah McCrea Chapman Jones created other trusts for the benefit of the Beneficiary, which other trusts are critical to the Beneficiary's present care. The Contingent Beneficiaries demand the production of financial details as to these other trusts created for the benefit of the Beneficiary, including all present principal and expenses, as well as sources of all income, all records, accounts, bank statements, and tax returns. 26. M&T's Petition to Terminate Trust fails to cite Alfred McCrea Chapman, the lifetime Beneficiary, who is an indispensible party to this action. WHEREFORE, the Contingent Beneficiaries respectfully request this Honorable Court not to permit the immediate distribution of the Chapman Lodge and its adjacent property to St. John's Episcopal Church in Carlisle, Pennsylvania, and to order that the Co-trustees immediately provide a full accounting of all principal, income, and expenses pertinent to the trust property and the administration of this trust from its establishment to the present date, to all interested parties, including the Beneficiary and the Contingent Beneficiaries. BOSWELL, TINTNER & PICCOLA By: Je r y R. Boswell, Esquire I.D. No. 25444 315 N. Front Street P. O. Box 741 Harrisburg, PA 17108-0741 (717) 236-9377 Attorneys for Henry L. Chapman, Karen E. Chapman, and Katharine Chapman DATED: May 8, 2009 VERIFICATION I, Henry L. Chapman, Contingent Beneficiary of the Testamentary Trust of Sarah McCrea Chapman Jones, hereby verify that the facts contained in the foregoing Objection in the Form of an Answer to Petition to Terminate Trust are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Henry L. Chapma DATE: May ~ , 2009 VERIFICATION I, Jeffrey R. Boswell, Esquire, being duly sworn according to law, deposes and says that he is the attorney for the Contingent Beneficiaries of the Testamentary Trust of Sarah McCrea Chapman Jones, Katharine Chapman Michalka and Karen E.Chapman, that said Contingent Beneficiaries cannot make the verification to the foregoing Objection in the Form of an Answer to Petition to Terminate Trust due to time constraints, and that the facts set forth in the foregoing Objection in the Form of an Answer are true and correct upon his knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Jeff .Boswell, Esquire Dated: May 8, 2009 CERTIFICATE OF SERVICE I do hereby certify that I have served a true and correct copy of the foregoing Objection in the Form of an Answer to Petition to Terminate Trust by placing same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: No V. Otto, III, Esquire Seth T. Mosebey, Esquire 10 East High Street Carlisle, PA 17013 Attorneys for Manufacturers and Traders Trust Company By: Dated: May 12, 2009