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HomeMy WebLinkAbout07-24-09 ~~ n~ r: _~ c7 c _> ~~ t.~ CA = !,"> f = _z_; = - ':: <. ~~ Jeffrey R_ Boswell. Esquire '_ C~ --, : °~a SupremE Court I.D. #25444 ~ BOSWELL, TINTNER & PICCOLA .~- 315 North Front Street P. O. Box 741 Harrisburg, Pennsylvania 17108-0741 Phone i717-236-9377) Fax (717-236-9316) E-mail , _ ~om~ 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 AMENDED 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 Amended 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. 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. The contingent beneficiaries allege that the Petitioner has not shown that the Beneficiary cannot travel to the Chapman Lodge and the adjacent land due to his alleged chronic, serious mental illness and, the Contingent Beneficiaries therefore deny the allegation and demand proof thereof at a hearing. 15. 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. 16. Admitted in part, and denied in part. The Contingent Beneficiaries deny the allegation because the Petitioner has not demonstrated that the Beneficiary no longer has any need for the Chapman Lodge and the adjacent land. 17. Admitted in part, and denied in part. The Contingent Beneficiaries deny that the Beneficiary no longer has any need for the property because the Petitioner has not demonstrated same. However, the Contingent Beneficiaries aver that if the Petitioners can demonstrate that the Beneficiary no longer has any need for the property, then the Contingent Beneficiaries shall be joint life tenants in the Chapman Lodge and its adjacent land, because the youngest of the Beneficiary's children are age 21 or older. 18. Admitted. 19. Admitted. 20. 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. 21. Admitted. 22. Admitted in part, and denied in part. The Contingent Beneficiaries admit that the most recent visit by one of them was approximately June, 2003. the Contingent Beneficiaries deny that they were, nor are they now, a joint life tenant with any right derived by such capacity to enable any of them to visit the Chapman Lodge as a matter of right. 23. 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 trust's 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. 24. 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. WHEREFORE, the Contingent Beneficiaries respectfully request this Honorable Court not to permit immediate distribution of the Chapman Lodge and its adjacent property to St. John's Episcopal Church in Carlisle, Pennsylvania. NEW MATTER 25. Contingent Beneficiaries incorporate the answers set forth in paragraphs 1 through 24 in this New Matter without the necessity to restate same. 26. 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. 27. M&T's Petition to Terminate Trust cites Alfred McCrea Chapman, the lifetime Beneficiary, who is an indispensible party to this action. 28. A Petition for the Appointment of a Guardian of the said Alfred McCrea Chapman was filed in the Court of Common Pleas of Philadelphia County Orphans' Court Division on July 23, 2009. 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 J ey 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: July 23, 2009 23 Ju'~ 2009 14.37 Wyeth 484-865-9271 VERIFICATION [, 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 .Chapman 212 DATE: July 2 3 , 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 Amended 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. ~,, ~_" -~ __ Jeffr .Boswell, Esquire Dated: July 23, 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 James D. Flowers, Esquire 26 West High Street Carlisle, PA 17013 Attorney for St. John's Episcopal Chruch John McCrea, III Post Office Box 341 Newville, PA 17241 By: ~~ ,~...~ Dated: July 23, 2009