HomeMy WebLinkAbout07-21-09IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF
SARAH MCCREA CHAPMAN :CUMBERLAND COUNTY, PENNSYLVANIA
JONES, LATE OF LOWER :ORPHANS COURT DIVISION
MIFFLIN TWP., CUMBERLAND
COUNTY, PA., DECEASED : N0.2009 - 00329
NOTICE TO PLEAD
TO: M & T Bank
One West High Street
Carlisle, PA 17013
YOU ARE HEREBY NOTIFIED to file a written response to the
enclosed Answer and Objections to Amended Petition to Terminate Trust
within twenty (20) days from service hereof or a judgment may be entered
against you.
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P O Box 341
Newville, PA 17241
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IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS OF
SARAH MCCREA CHAPMAN :CUMBERLAND COUNTY, PENNSYLVANIA
JONES, LATE OF LOWER :ORPHANS COURT DIVISION
MIFFLIN TWP., CUMBERLAND
COUNTY, PA., DECEASED : N0.2009 - 00329
ANSWER AND OBJECTIONS TO
AMENDFED PETITION TO TEP;MINATE TRUST
John McCrea, III, co-trustee with M & T Bank of the Chapman Lodge Trust, files
the; following Answer and Objections to Amended Petition to Terminate Trust:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted.
11. Admitted.
12. Admitted.
13. It is admitted that Alfred Chapman suffers from chronic serious mental
illness. The remaining averments of paragraph 13 are denied, for the reason that, after
reasonable investigation, answering co-trustee is without knowledge or information
sufficient to form a belief as to the truth of said averments. Strict proof at the hearing on
this matter is demanded.
14. Denied. To the contrary, answering co-trustee avers that the letter labeled
Exhibit "B" provides no knowledge or information about Alfred Chapman's need for
Chapman Lodge in 2009. It is further averred that the letter from almost 21 years ago
implies the distinct possibility that Alfred Chapman will change his mind about his need
for Chapman Lodge.
15. Admitted.
16. Denied. After reasonable investigation, answering co-trustee is without
knowledge or information sufficient to form a belief as to the truth of the averments of
paragraph 16 ofd the Amended Petition, and said averments are therefore denied. Strict
proof at the hearing on this matter is demanded.
17. It is admitted that the youngest of the Chapman has reached the age of
twenty-one (21)years. It is also admitted that, upon the happening of one of two stated
events, they will receive a life tenancy in the property. The remaining averments of
paragraph 17 are denied, for the reason that, after reasonable investigation, answering co-
trustee is without knowledge or information sufficient to form a belief as to the truth of
these averments. Strict proof at the hearing on the matter is demanded.
18. Admitted.
19. Admitted.
20. Admitted.
21. Admitted.
22. Admitted.
23. The averments of paragraph 23 are conclusions of law, to which no response
is required. Answering co-trustee does, however, aver that the primary issue in this case
is; whether or not Chapman Lodge should continue to be held in trust for the benefit of
Alfred Chapman. It does not follow that continuance of the trust could or would in any
way interfere with the express purpose of the trust.
24. Admitted. Answering co-trustee further avers that, if the Chapman Lodge
trust is terminated, under the provisions of the instrument which created the trust, co-
trustees have a legal obligation to convey the property to the Chapman children as joint
life tenants.
OBJECTIONS TO PETITION TO TERMINATE TRUST
I. FAII..tJRE TO APPOINT GUARDIAN AD LITEM FOR INCAPACITATED
PERSON
Amended Petition, although Petitioner M&T Bank has made no Return of Service as it is
required to do under the provisions of Rule 405, Pa.R.C.P.
3 7. By not serving the Amended Petition and Decree by the form of mail
specified, and by not making any Return of Service, Petitioner M & T Bank has violated
the specified Rules of Court.
3 8. The Amended Petition to Terminate Trust should be dismissed.
III. LEGAL INSUFFICIENCY OF AMENDED PETITION (DEMURRER)
39. The instrument creating the Chapman Lodge Trust specified that, following
the termination of Alfred Chapman's beneficial interest in Chapman Lodge, the three
Chapman children should receive joint life estates in Chapman Lodge, with remainder
interest passing to St. Johns Episcopal Church.
40. Petitioner M & T Bank in this proceeding is attempting to bypass or skip the
life tenancies of the Chapman children and convey the entire fee interest in Chapman
Lodge to the remainder entity, St. Johns Episcopal Church.
41. The Amended Petition to Terminate Trust contains no averments of fact on
the basis of which the life estates of the Chapman children can be extinguished or by-
passed.
42. As a matter of law, the instant proceeding is legally insufficient to extinguish,
terminate or by-pass the life estates of the Chapman children.
43. The Chapman children's life estates, having never been created, the Chapman
children have no legal responsibility to pay any of the current expenses associated with
Chapman Lodge.
44. The Amended Petition to Terminate Trust should be dismissed.
WHEREFORE, for the foregoing reasons, answering co-trustee, John McCrea,
III, requests this Court to dismiss the Amended Petition to Terminate Trust.
ewv111e, PA 17241
(717) 776-6656
Respectfully; submitted,
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J hn McCrea, III
.O. Box 341
VERIFICATION
The facts set forth in the foregoing Answer and Objections to Amended Petition
to Terminate Trust are true and correct, to the best of my knowledge, information and
belief.
This Verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to
unsworn falsification to authorities.
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Jo IcCrea, III