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Home My WebLink About09-29-11IN RE: THE PAULA ROEMELE IN THE COURT OF COMMON TRUST SHARE :PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. 021 ~~ -- 103 ~ PETITION TO TERMINATE THE DOROTHY S. HURRAY FAMILY TRUST SHARE FOR THE BENEFIT OF PAULA ROEMELE IN ACCORDANCE WITH 20 Pa.C.S. 711, 7740.1(B) AND 7440.4(a) TO THE HONORABLE, THE NDGES OF THE SAID COURT: Petitioner, CHESTER OSBORN, by and through his attorney, Wendy Weikal- Beauchat, Esquire, respectfully states the following: 1. DOROTHY S. HURRAY ("Grantor") died, as resident of Cumberland County on November 24, 2004. 2. On October 31, 1996, the Grantor formed with her husband the RALPH AND DOROTHY HURRAY LNING TRUST, a true and correct copy of which, with amendments, is attached hereto as Exhibit "A." 3. RALPH F. HURRAY, the spouse of the Grantor is also deceased, as of March 6, 2010. 4. The purpose of the DOROTHY S. HURRAY FAMILY TRUST SHARE FOR THE BENEFIT OF PAULA ROEMELE was to hold assets for the benefit of PAULA ROEMELE which were transferred at the time of the death of the Grantor and during the life of RALPH F. HURRAY. 5. CHESTER OSBORN was named as the initial Trustee of the DOROTHY S. HURRAY FAMILY TRUST SHARE FOR THE BENEFIT OF PAULA ROEMELE, and still serves and said capacity. 6. CHESTER OSBORN is the current co-trustee of THE RALPH AN DOROTHY HURRAY LNING TRUST, dated October 31, 1996, and all Amendments thereto. 7. The Grantors funded the DOROTHY S. HURRAY FAMILY TRUST SHARE FOR THE BENEFIT OF PAULA ROEMELE with assets gifted during their lifetime, and via the residuary distribution clause of THE RALPH AN DOROTHY HURRAY LNING TRUST. 8. The trust has a market value of a roximatel $53 605.80 pp y , lus accrue r.. st as p ~ of the date of this petition. ~ 9. The names, addresses, and relationships to Decedent of a ll persons wlab? an " " ~? interest, vested or contingent, in the trust are as follows: ~ -'- ~ r'"' ~ ~~~ `-'' Current Beneficiary: PAULA ROEMELE r {? ~~ ~ ' -„ 306 Hartzell School Road J~~ ~ == ~ = Fombell,PA 16132-1302 'v°~ n~ ~.~~ ~,, W~ Contingent Beneficiaries: Michelle Baron Roemele 306 Hartzel School Road Fombell, Pennsylvania 16123-1302 Kathryn Richards Roemele 201 Parks Road Apartment #6 McDonald, PA 15057 10. Article 12.02(6)(1) indicates that PAULA ROEMELE shall have the net income of her trust distributed to her. 11. Article 12.02(6)(2) indicates that PAULA ROEMELE shall have access to the principal of her trust distributed to her as determined advisable by the Trustee. 12. Article 12.02(6x5) indicates that upon the death of PAULA ROEMELE the Trustee shall distribute the remaining trust property per stirpes to the descendants of PAULA ROEMELE. 13. Termination is requested under 20 Pa.C.S. §§ 711(2), 7740.1(6) and 7440.4(a) 14. Petitioner requests that the Court order termination of the DOROTHY S. HURRAY FAMILY TRUST SHARE FOR THE BENEFIT OF PAULA ROEMELE 15. 20 Pa.C.S. § 711(3) provides, in relevant part: [T]he jurisdiction of the Court of Common Pleas over the following shall be exercised through its orphans' court division: (3) Inter Vivos Trusts.-The administration and distribution of the real and personal property of inter vivos trusts, and the reformation and setting aside of any such trusts, whether created before or after the effective date of this chapter. 16. Pursuant to 20 Pa.C.S. § 7740.1(6) of the Uniform Trust Act, in relevant part, "A noncharitable irrevocable trust may be terminated upon consent of all the beneficiaries only if the court concludes that continuance of the trust is not necessary to achieve any material purpose of the trust material purpose of the trust." 17. PAULA ROEMELE is a suis juris, adult individual capable of the continued prudent management of the funds contained in the trust. The continuation of said trust is not necessary to achieve any material purpose of the trust. 18. Currently the Trustee of the Trust is an individual of _ years, residing outside the Commonwealth of Pennsylvania. Said Trustee is serving with minimal compensation due to familial relationship. Should the trustee resign, a professional trustee, if one can be located willing to take on the duties of a small trust, would charge a minimum of 1% yearly for the administration of said trust. Adams County National Bank is named as the successor trustee, and has indicated that it would not be willing to act due to the small amount of the funds under management. 19. The value of the trust property is insufficient to justify the cost of the administration of the trust. 20. The trustee is giving written notification to the beneficiaries of the proposed termination, per Exhibit "A." 21. Pursuant to 20 Pa.C.S. § 7740.4(a) of the Uniform Trust act, in relevant part, "A trustee of anon-charitable trust may terminate the trust if the trustee concludes that the value of the trust property is insufficient to justify the cost of administration, the trustee has given written notice to the qualified beneficiaries at least 60 days before the proposed termination and no qualified beneficiary provides the trustee with a written objection to the proposed termination on or before the date specified in the notice. 22. The proposed termination of the Trust is not inconsistent with a material purpose of the trust and is in the best interest of both the life beneficiary and the remaindermen. 23. The consents of all of the beneficiaries of said Trust, all of whom are Buis juris adults, are attached to this petition as Exhibit "B." 24. A final account will be filed with this court upon final disbursement. WHEREFORE, petitioner respectfully requests that this Court enter an Order A. Terminating the DOROTHY S. HURRAY FAMILY TRUST SHARE FOR THE BENEFIT OF PAULA ROEMELE, C. Granting such further relief as this Honorable Court deems just and proper. Respectfully Submitted, Wendy Weikal-Beauchat, Esq. 63 W. High Street Gettysburg, Pennsylvania 17325 (717)334-4515 Supreme Court Id: 71930 IN RE: THE P ULA ROEMELE TRUST S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION . NO. NOTIFICATION FROM TRUSTEE AND NOW THIS -~ day of ~ 2011, comes CHESTER OSBORN, the Trustee of the DOROTHY S. HURRAY FAMII.,Y TRUST SHARE FOR THE BENEFIT OF PAULA ROEMELE, dated October 31, 1996, and notifies all beneficiaries hereto that it is his intention to terminate said trust and pay all of the assets thereof outright to the PAULA ROEMELE, the current income beneficiary, unless and objection is lodged within 60 days hereof with the Trustee. You are receiving this notice because you are a coirtingent beneficiary of said trust. All objections must be lodged with the Trustee in writing, with a copy to counsel as indicated below: Chester Osborn c% Wendy Weikal-Besuchat 63 W. High Street Gettysburg, Pennsylvania 17325 Respectfully, r c11~_ ~;~Q~ I1 ~_ Chester Osborn, Trustee~- IN RE: THE PAULA ROEMELE TRUST SHARE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i ORPHANS' COURT DIVISION NO. CONSENT OF THE BENEFICIARY I, PAULA ROEMELE, the beneficiary of the DOROTHY S. HURRAY FAMILY TRUST SHARE FOR THE BENEFIT OF PAULA ROEMELE, have had the opportunity to review the PETITION TO TERMINATE THE DOROTHY S. HURRAY FAMILY TRUST SHARE FOR THE BENEFIT OF PAULA ROEMELE IN ACCORDANCE WITH 20 Pa.C.S. 711, 7740.1(B) AND 7440.4(a) and hereby give my consent to the court taking such action. Date: / ` 1 ~ , 2011 STATE OF ss. COUNTY OF ~,~ , On this, the ~cJ ~ da of 1 y / ~ 2011, before me, the undersigned officer, personally appeared _~/ ('JYt ~, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, [hereunto set my hand and official seal. ao~t~zoN i of ~sY~wwzn gatanal s~N D~bor~h S. GoelMlrg, Notary Fabric 01~M004 ay 0oro, t.awrw¢e Camty 1 2015 NOrARIES Notary Public IN RE: THE PAULA ROEMELE IN THE COURT OF COMMON TRUST SHARE :PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CONSENT OF THE BENEFICIARY I, Michelle Baron Rcemele, a contingent beneficiary of the DOROTHY S. HURRAY FAMILY TRUST SHARE FOR THE BENEFIT OF PAULA ROEMELE, have had the opportunity to review the PETITION TO TERMINATE THE DOROTHY S. HURRAY FAMILY TRUST SHARE FOR THE BENEFIT OF PAULA ROEMELE IN ACCORDANCE WITH 20 Pa.C.S. 711, 7740.1(B) AND 7440.4(a) and hereby give my consent to the court taking such action. Date: 2011 STATE OF ~~~III(N~-~~Q, COUNTY OFr ss. On this, the ~ day of ~~ 2011, before me, the undersigned officer, personally appeared I~Ch I rita~ c,~mP~P-known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereuc}t'q~set my ¢~ld and *M ~ ~et~NSr~vwu- Mr' ~,~-, ~. ~a, ~o,e a IN RE: THE PAULA ROEMELE IN THE COURT OF COMMON TRUST SHARE :PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NO. CONSENT OF THE BENEFICIARY I, Kathryn Richards Roemele, a contingent beneficiary of the DOROTHY S. HURRAY FAMILY TRUST SHARE FOR THE BENEFIT OF PAULA ROEMELE, have had the opportunity to review the PETITION TO TERMINATE THE DOROTHY S. HURRAY FAMILY TRUST SHARE FOR THE BENEFIT OF PAULA ROEMELE IN ACCORDANCE WITH 20 Pa.C.S. 711, 7740.1(B) AND 7440.4(a) and hereby give my consent to the court taking such action. Date: 2011 STATE OF I15 i ~c:` , I ss. COUNTY OF /4 I les q enT_ ; On this, the ~~ day of Se LPn~~e~ 2011, before me, the undersigned officer, personally appeared Kathr~~ R• ~eknown to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. _~~~ 1Q~ Notary Public MONWEALTH OF PENNSYLVANIA Notarial SCI Christopher J. Porto, Notary Publk Upper St. Clair Twp., Alkiyhany County Comm4apn rat NOV. 22.2012 Member. Pennaylvanh Anodatlon of Notarise IN RE: THE PAULA ROEMELE : IN THE COURT OF COMMON TRUST SHARE COt~INTYF PEUNMENSYLV~ANIDA c ORPHANS' COURT DIVISION e NO. VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: Q~~q , 2011 ~~~ ~ `_"'~