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HomeMy WebLinkAbout06-08-11`1~~°~`t"~ ~?FFICE ~ I .L,~iVt Lii ~Ji E F:\F1LES\Climb\7259 M & T\Trust\7259.8 Chnpmnn loop\7259.8.motion2 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 ~~!il JUli -$ Fri ~' ~~' t;LEf~K 4F ~M~~~pj ~~(,`Q~PA -~g- U4a IN RE: ESTATE OF IN THE COURT OF COMMON PLEAS OF SARAH McCREA CHAPMAN JONES :CUMBERLAND COUNTY, PENNSYLVANIA LATE OF LOWER MIFFLIN TWP., :ORPHANS' COURT DIVISION CUMBERLAND COUNTY, PA., DECEASED, N0.2009 - 329 MOTION TO SCHEDULE HEARING AND NOW, comes Manufacturers and Traders Trust Company, by and through its undersigned counsel, and hereby files this Motion to Schedule Hearing and in support thereof, avers the following: 1. On April 8, 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 which is being held in trust. 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. 8. A hearing on M&T's Petition to Terminate Trust was scheduled for June 9, 2010. 9. In lieu of a hearing, the parties engaged in an in-chambers conference with Judge Guido to attempt to resolve the Petition to Terminate Trust. 10. As a result of the parties' discussions, Judge Guido issued an Order of Court continuing the hearing on the Petition to Terminate Trust so that it may be consolidated and heard with other issues to be raised in connection with the Charitable Remainder Trust. 11. On March 8, 2011, Henry L. Chapman, both individually and as guardian of Alfred McCrea Chapman, along with his siblings, filed a Petition for Rule to Show Cause relating to the Charitable Remainder Trust. 12. This Court issued a Rule to Show Cause with a Rule returnable date of May 13, 2011. 13. Objections to the Petition to the Rule to Show Cause have been filed by various parties. 14. On May 4, 2011, the Court issued a Decree joining the five charitable remainder entities as indispensable parties and generally staying the return date to permit the charitable remainder entities to file responses to the Petition for Rule to Show Cause. 15. The Objections previously filed, and those which are anticipated to be filed, necessitate a hearing on the Petition for Rule to Show Cause. 16. Pursuant to the previous Order issued by Judge Guido, the hearing on the Petition for the Rule to Show Cause will be held in conjunction with and consolidated with a hearing on the Petition to Terminate Trust. 17. The delinquent taxes on the Chapman Lodge real estate have been turned over to the Cumberland County Tax Claim Bureau. 17. MRzT believes that the Chapman Lodge will be listed for the tax sale on September 22, 2011. 18. M&T is therefore requesting that a hearing on the Petition for Rule to Show Cause and Petition to Terminate Trust be scheduled sufficiently in advance of the potential tax sale date so that the Trustees may avoid the sale. WHEREFORE, Manufacturers and Traders Trust Company hereby requests that this Court schedule a hearing on the Petition to Terminate Trust and Petition for Rule to Show Cause prior to the tax sale of the Chapman Lodge property. Date: 6f ~B/~ ) MARTSON LAW OFFICES By: J , No 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 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 Motion to Schedule a Hearing was 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 Michael T. Foerster, Esquire Office of the Attorney General 14`'' Floor, Strawberry Square Harrisburg, PA 17120 Dana Scaduto, Esquire Dickinson College P.O. Box 1773 Carlisle, PA 17013 Dickinson School of Law c//o Patricia Roenigk, Esquire 7 Old Main University Park,PA 16802-1502 The National Trust for Scotland Hermiston Quay 5 Cultins Road Edinburgh, Scotland EH11 4DF Episcopal Diocese of Central Pennsylvania P.O. Box 11937 Harrisburg, PA 17108 Beverly Ledbetter Vice President & General Counsel Brown University 110 South Main Street Campus Box 1913 Providence, RI 02912 MARTSON LAW OFFICES By: l~ M Price Ten E t High Street Carlisle, PA 17013 (717)243-3341 Dated: ~' ~$~~~