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Home My WebLink About04-06-10F:IFILES\Clients\7259 M & T\Trust\7259.8 Chapman Jones\7259.8 motion No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 a n ~.:; C O T,~ ,;~ ~ - _, ,,„ s ~ =~ .-IJ }~ 1 _ = f , c- -~- cn ;~ t'"f ~-? -rJ _~. ^' :~_ _ 4y IN RE: ESTATE OF IN THE COURT OF COMMON P~E1~S OF SARAH McCREA CHAPMAN JONES :CUMBERLAND COUNTY, PENNSYLVANY~ LATE OF LOWER MIFFLIN TWP., :ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PA., DECEASED, NO. 2009 - 329 MOTION TO SCHEDULE HEARING 1. On Apri18, 2009, Manufacturers and Traders Trust Company (M&T) filed a Petition to terminate a trust known as the Chapman Lodge Trust. 2. M & T filed its Petition based on the fact that there are insufficient funds left in the Chapman Lodge Trust to care for the real property. 3. On or about July 23, 2009, Henry L. Chapman filed a Petition for appointment of a plenary guardian for Alfred McCrea Chapman. 4. On September 23, 2009, a hearing was held in the Orphans' Court division of the Philadelphia County Court of Common Pleas regarding the Petition for appointment of a plenary guardian. 5. On September 24, 2009, the Court of Common Pleas of Philadelphia County issued an Order and Decree stating that Alfred McCrea Chapman was declared an incapacitated person and appointing Henry L. Chapman as plenary guardian of the person and estate of Alfred McCrea Chapman. A true and correct copy of the Order and Decree is attached hereto and incorporated as Exhibit "A." 6. On July 27, 2009, the Honorable Edward E. Guido issued an Order of Court staying the proceedings at the above-captioned docket number pending the outcome of the Philadelphia action. 7. Furthermore, Judge Guido's Order of Court stated that a new hearing would be scheduled on M&T's Petition to Terminate Trust on the request of any party after the Philadelphia guardianship action had been resolved. i The only matter pending before the Philadelphia Court of Common Pleas is an issue relating to reimbursement of attorney fees and costs. 9. M&T therefore requests that a hearing be scheduled on its Petition to Terminate Trust. WHEREFORE, Manufacturers and Traders Trust Company hereby requests that this Court schedule a hearing on the Petition to Terminate the Chapman Lodge Trust. MARTSON LAW OFFICES By: J Date: 4 ~ 6/)a ~vo V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Manufacturers and Traders Trust Company IN THE COURT OF COMMON PLEAS OF PHILADELPHIA ORPHANS' COURT DIVISION O. C No.1061 IC of 2009 Estate of ALFRED MCCREA CHAPMAN, An Incapacitated Person DECRE AND NOW, this a ~ ~ day of SEPTEMBER, 2009, after a hearing on the Petition for Adjudication of Incapacity, it appearing that the Trustees of the two Charitable Remainder Trusts under which the Incapacitated Person is a lifetime beneficiary have not filed an accounting since the inception of the frusta, it is hereby ORDERED and DECREED that Manufacturers ~ Traders Trust Co and John McCrea, 111, Co Trustees, shall file an account of the Charitable Remainder Trusts estabUshed under the wilt of the Incapacitated Person's mother in the Cumberland County Orphans' Court within forty~ive (45) days of service of this order upon them by counsel for petitioner. ,~.~ Lazarus J. Rosemary R. Perrino, Esquire COF~ESSI~T p!!ARlANTTO Pe,R.C.P.2~(b) SEP 2 4 2009 FlRSTJUDit~Al. OF A USER lA' IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY ,. ORPHANS' COURT DIVISION O.C. No.1061 of 2009 Control No.091893 Estate of ALFRED MCCREA CHAPMAN, an Alleged incapacitated Person FINAL DECREE AND NOW, this o?~f ~ day of SEPTEMBER, 2009, upon consideration of the annexed petition and after hearing held following due notice, this Court finds by clear and convincing evidence that: 1. Alfred McCrea Champman- is'T3 years of age and is domiciled in Philadelphia,Pennsylvania. 2. He suf#ers from Paranoid Schizophrenia and hernia which impairs his capacity to receive and evaluate information effectively and to make decisions regarding management of his financial affairs. 3. He is so severely mentally impaired that he is unable to make, communicate or participate in any decision relating to his estate or person. 4. His physical and mental health is such that his presence at the hearing would be possibly harmful to his health and as a result he was not present and was not represented. Accordingly, it is hereby ORDERED and DECREED that Alfred McCrea Champman is adjudged totally incapacitated and he requires a plenary guardian of his person and estate for the foreseeable future. Henry L Chapman is appointed plenary guardian of the person and the estate of Alfred McCrea Chapman, an incapacitated person. Bond is waived. The Guardian shaft fife an inventory and report in compliance with 20 Pa.C.S.g5521(c) within ninety (90) days of this Decree and annually thereafter. The Court, upon the filing of the inventory, may order security to be posted by the Guardian. The said guardian shall not enter into any settlement of any claim or cause of action without prior approval of this Court. In the event of a settlement of any claim or cause of action, this Court reserves the right to remove the guardian and appoint a corporate guardian. ff the incapacitated person has a safe deposit box, an official Examiner of this Court shalt attend the opening of the safe deposit box. The Certificate of the Official Examiner of his examination of the assets of the safe deposit box shall be submitted to this Court and, when approved by the hearing judge, shall be tiled with the record in this case. The amount and manner of the compensation for the services of the Official Examiner shall be determined by the hearing judge. Within sixty (60) days after the death of the incapacitated person or an adjudication of capacity, the guardian shall file a Final Report with the Court pursuant to 20 Pa.C.S.A. g5521(c)(2). The Guardian of the Person shall have the authority and responsibility to decide where Alfred McCrea Chapman shall live and how meals, personal care, transportation and recreation will be provided. The Guardian of the Person shaft also have authority to authorize and consent to medical treatment and surgical procedures necessary for the welt being of the incapacitated person. The Guardian of the Estate shall have the authority and responsibility to manage and use Alfired McCrea Chapman's property primarily for his benefit and secondarily for the benefit of his legal dependents to accordance with 20 Pa.C.S.A. Section 553fi(a), which authorizes the Guardian of the Estate to spend income for the aforesaid purposes without the court's written approval. The Guardian of the Estate may not spend principal assets for the care and maintenance of Alfred McCrea Chapman without Court approval. The Guardian shall establish an appropriate burial reserve, if one does not exist. . Accordingly, counsel for Petitioner shalt cause to be served upon and read to Alfred McCrea Chapman a copy of this Decree and the Statement of Rights attached hereto as Exhibit "A", and file proof of same with the Court within ten (1 Oy days from the date hereo# Alfred McCrea Chapman has twenty (20) days from the date of this decree to fiie exceptions. Failure to file exceptions within that time will result in his decree becoming final. Alfred McCrea Chapman has been advised of his right to appeal and to petition to modify or terminate the guardianship by copy of this decree and by the Statement of Rights attached hereto. ._LLis~ L.aZaruS, J. Rosemary Ferrino, Esquire COPIES SENT Ft1RSUANTTO pa,R.C.p 2~1b) SEP 2 4 2 9 FIRSTJUOIC OF r.. usEAi.a.~ ANORDERHAS BEENENTERED WHEREBYYOUHAVEBEENAD7UDICATEDAN INCAPACITATED PERSON AND UNABLE TO CARE FOR YOURSELFAND/OR MgNAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FQ.B EXCEPTIONS TO THE COURT'S DECISION VI~ITHIN TWENTY (7A) DAYS OF THB COURT'S ORDER OR YOU HAVE THE RIGHT TO APPEAL THE COURT'S DECISION WITHIN THIRTY (30) DAYS OF THE COURT'S ORDBR. YOU MAY PBTITION THB COURT AT ANY FURTHER TIIVIB TO MODIFY OR TO TERMINATE THE GUARDIANSHIP IF THERE I3 A CHANGB IN YOUR CAPACr1'Y OR IF YOUR GUARDUIN FAILS TO PERFORM HIS/HER DUTIES ACCORDANCE WITH THB COURT'S ORDER 1F YOU WISH TO APPEAL THE COURT'S ORDER OR PETTI'[ON THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHIP, YOU ARE ENTITLED TO BE REPRESENTED BY AN ATTORNEY. EXHIBIT "A" 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 Praecipe to Schedule a Hearing as served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Jeffrey B. Boswell, Esquire Boswell, Tintner & Piccola P.O. Box 741 Harrisburg, PA 17018-1741 John McCrea, III P.O. Box 341 Newville, PA 17241 Alfred McCrea Chapman Friends Hospital 4641 Roosevelt Boulevard Philadelphia, PA 19124-2399 James D. Flower, Jr., Esquire 26 West High Street Carlisle, PA 17013 MARTSON LAW OFFICES ~'~" ~' ~, M 'rice Ten E 'High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~~~-.~ :'~ ~`~