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HomeMy WebLinkAbout02-03-12~~ I ~-~,~ TRUST COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION NAME OF TRUST ~, .> ~~, ~.~ - ' ~ ~, , 1 ~~ G ~ ~ L~ ~ i ~7'1 _. ,~ ; __ - `~ r, ~; r;~ -; ~- r:-a "' r`~ (TRUST UNDER WILL OF Sarah McCrea Chapman Jones FBO C~ or TF.US7' UNDER DEED OF DATED ) No. 21-2009-0329 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PLTRSL'A'~":' TO Pa. O.C. Ruse ©.S This form may be used in all cases involving the Audit of Trust Accounts. If space is insufficient, riders may be attached. INCLUDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: No V. Otto III Supreme Court I.D. No.: 27763 Name of Law Fir1Ci: l:~Iartsor, La~~ Ofiees Address: 10 East High Street, Carlisle, PA 17013 Telephone: (717) 243-3341 Fes: (717) 243-1850 Foy oc-o2 rev /0./3.06 Page 1 of 10 Name of Trust: Sarah McCrea Chapman Jones FBO Chapman Lodge 1. Name(s) and address(es) of Petitioner(s): Petitioner: Petitioner: 1Jame: M&T Bank, Trustee .4ddress. I West High Street Carlisle, PA 17013 2. Gheek if any cf the following isst~zs art involved in this case; A. Appointment of Trustee ........................................... ^ B. Interpretation ................................................... ^ C. Discharge of Trustee ............................................. ^ D. Transfer of Situs ................................................. ^ E. Appointment ofAd Litem ................. . ....:........ . .......... ^ F. Minor, Unborn or Unascertained Beneficiary(ies) ...................... ^ Prir.cipul Diatribe:ti;,.^ .............................................. ~..1 H. Partial/Full Termination of Trust .................................... ~ I. Missing Beneficiary(ies} .......................................... ^ J. Cy Pres ........................................................ ^ K. Williamsonlssue* ............................................... ^ L. Other Issues .................................................... m List: The Co-Trustee and contingent beneficiaries have filed Exceptions to the Order issued by Jude Mummah directing distribution of the trust. Please note: A detailed explanation of issues checked should be set forth at item 13 below. * See Williamson Estare, 368 Pa. 343, 82 A.2d 49 (1951), if Trustee was also Executor of the settloddecedent'seatate and received commissions in such capacity. Form oc-oa rev 10.13.06 Page 2 of 10 Name of Trust: Sarah McCrea Chapman Jones FBO Chapman Lodge 3. Testamentary Trust: Decedent's date of death: July 28, 1978 Date of Decedent's Will: September 8, 1976 Date(s) of Codicil(s): October 6, 1977 Date of probate: August 16, 1978 or Inter Vivos Trust: Date of Trust: Date(s) of Amendment(s): 4. A. If any other Court has taken jurisdiction of any matter relating to this Trust, explain: B. Identify all prior accountings and provide dates of adjudication. First & Partial Account filed July 24, 2009 -Adjudicated August 25, 2009 Second & Partial Account filed on August 17, 2011 -Adjudicated October 11, 2011 5. A. State how each Trustee was appointed: Last Will and Testament B. If a Petitioner is not a Trustee, explain: Form OC-01 rev !0.13.06 Page 3 of l 0 Name of Trust: Sarah McCrea Chapman Jones FBO Chapman Lodge 6. State how and when the present fund was awarded to Trustee(s): Funded from Estate of Sarah McCrea Chapman Jones on November 3, 1978 Period covered by accounting: July 6, 2011 to January 30, ZO l z Current fair market value of the Tr,~st principal is $ 63,516.08 (See page 2 of :account.) 9. State concisely the dispositive provisions of the Trust: Life right of use in Alfred Chapman Life estates to the children of Al&ed Chapman Remainder to St. John's Episcopal Church, Carlisle, PA 0. Explain the reason for filing this Account (if filed because of the death of a party, state name of person, relationship to Trust and date of death): Inform interested parties Fo,~ oc-oa eev l o. t 3.06 Page 4 of 10 Name of Trust: Sarah McCrea Chapman Jones FBO Chapman Lodge 11. State why a Petition for Guardian/Trustee Ad Litem has or has not been filed for this Audit see Pa. O.C. Rule 12.4): Not necessary. 12. A. State the amount of Pennsylvania Transfer Inheritance Tax and Pennsylvania Estate Tax paid (includin.g postponed tax or. remai:?der interests), the :sates of Payment an~+ the interests upon which such amounts were paid: nc:'e Foyment Ir.te~est N/A B. If any such taxes remain unpaid or are in dispute, explain: 13. Describe any questions requiring Adjudication and state the position of Petitioner(s) and give details of any issues identified in item 2: On December 24, 2011, Judge Mummah issued an Order, a copy of which is attached, terminating the trust referenced herein arid, in tl"ie absence of objections to ilie account, directing distribution of the principal and undistributed income to St. John's Episcopal Church, Carlisle, Pennsylvania. The Co-Trustee and contingent beneficiaries have filed exceptions to Judge Mummah's Order. Form OC-01 rev !0. /3.06 Page 5 of 10 Name of Trust: Sarah McCrea Chapman Jones FBO Chapman Lodge 14. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or will be given to all parties in interest listed in item 15 below. In addition, notice of any questions requiring Adjudication as discussed in item 13 above has been or will be given to all persons affected thereby. A. If Notice has been given, attach a copy of the Notice as well as a list of the names and addresses of the parties receiving such notice. B. If Notice is yet to be given, a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice sha[1 be submitted at the Audit together with a statement executed by Petitioner(s) or counsel certifying that such Notice has been given. C. If any such party in interest is not sui juris (e.g., minors or incapacitated persons), Notice of the Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa. O.C. Rule 3.2. Ia. Tf any charitable interest is involved, Notice of the Audit has been or will also be given to the Attorney General as required under Pa. O.C. Rule 5.5. In addition, the Attorney General's clearance certificate (or proof of service of Notice and a copy of such Notice) must be submitted herewit"r, or at tine F~udit. I5. List all parties of whom Petitioner(s) has/have notice or knowledge, having or claiming any interest in the 'T`rust, whether such interest is vested or contingent, charitable or non-charitable. This list shall: A. State each party's relationship to the Settlor/Decedent and the nature of each party's interest(s); Name and Address oJEach Parry in Interest I Xe/alionsl~rp ana c.ommena, g any ~ ~nrere Alfred McCrea Chapman Beneficiary Life Estate c/o Henry L(.Chapman, Guardian 355 Lonely C;GOSe Lircl:. I Harleysville, PA 19438 Henry L. Chapman ` beneTTciary 'Remainder life 355 Lonely Goose Circle Estate Harleysville, PA 19438 Form OC-02 rev 10.13.06 Page 6 of 10 Name of Trust: Sarah McCrea Chapman Jones FBO Chapman Lodge Name aad Address otEach Party in Interest I Relationship and Commenu. if any ~ /merest Katherine C. Michalka Beneficiary Remainder Life 250 Loche Lloyd Parkway Estate Belton, MO 64042 Karen E. Chapman Beneficiary Remainder Life 1858 San Lorenzo Avenue Estate Berkley, CA 94707 See Additional Attachment B. Identify each party who is not sui juris (e.g., minors or incapacitated persons). For each such party, give date of birth, the name of each Guardian and how each Guardian was appointed. Ir no Guardian has been appointed, identify the next cf kin of such party, giving the name, address and relationship of each; and C. If distribution is to be made to the personal representative of a deceased party, state date of death, date and place of grant of Letters and type of Letters granted. 16. If Petitioner(s) has/have knowledge that a Trust share has been assigned or attached, provide a copy of the assignment or attachment, together with any relevant supporting documentation. l7. If a trustee's principal commission is claimed: A. If based on a written agreement, attach a copy thereof. Farm oc-oz rev 10.13.06 Page 7 of 10 Name of Trust: Sarah McCrea Chapman Jones FBO Chapman Lodge B. If a principal commission is claimed, state amount. None. C. If a principal commission is claimed, state the amounts and dates of any principal commissions previously paid in prior accounting periods- Amount Dare Pald 18. If a reserve is requested, state amount and purpose. A»rount: 48,U71.3G Purpose: Payment of real estate taxes, legal fees and trustee fees as more specifically set forth on page 5 of the account. If a reserve is requested for counsel fees, has notice of the amount of fees to be paid from the reserve been given to the parties in interest? ........................................ 'e~_jYes ~No If so, attach a copy of the notice. 19. Is the Court being asked to direct the Tiling of a Schedule of L'•istributicn? . . . ..... . ... ........ . .... ~I Yes ~lNo Form OC-02 rev !0.13.06 Page 8 of 10 Name of Trust: Sarah McCrea Chapman Jones FBO Chapman Lodge Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties entitled and suggest(s) that the distributive shares of income and principal (residuary shares being stated in proportions, not amounts) are as follows: A. Income: Proposed Distriburee(aJ St. John's Episcopal Church B. Principal: Proposed Disrrtbutee(sJ St. John's Episcopal Church AmoundProporUon 100% AnroundProporrlon 100% Submitted By: (Al! petitioners must sign. Add additional lines if necessary): Name o Petitioner: hq~T Bank, Trustee Name of Petitioner: Form OC-02 rev 10.!3.06 Page 9 of 10 Name of Trust: Sarah McCrea Chapman Jones FBO Chapman Lodge Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that heishe she is irrte Vice President Of the above-zan:~d name ofcorporatton 1`"anufa::t`.f;es ~. Tr?dZrS Tr<3St CO. afedj that tit:. ~aCt's' Sct forth in the foregoing Petition for Adjudication / Statement of Proposed Distribution which are within the persona[ knowledge of the Petitioner are true, and as to facts based on the information C: Others, the YetitiCner, alter dilige:et in~GlS'`~/, believes then; eU be trEiE; aid t%s'et they false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 (relating to unswom falsification to authorities). ~JJ1 ~:. ~ i.~l~ , Sig ture of Petitioner * Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Adjudication / Statement of Proposed Qistribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court, and that no changes to the form have been made beyond the responses herein. ~~~~ ~~~/ Signature of Counsel for Petitioner Form OG02 rev !0.13.06 Page 10 of 10 TUW Sarah McCrea Chapmanlones 15. Interested Parties: John McCrea,lli Co-Trustee 221 Doubling Gap Road P.O. Box •341 Newville, PA 17241 St. John's Episcopal Church Beneficiary Remainder Beneficiary P.O. Box 612 • Carlisle, PA 1713 IN RE: ESTATE OF SARAH MCCREA CHAPMAN JONES, LATE OF LOWER Mlli'FLIN TWP., CUMBERLAND COUNTY, PA, DECEASED :IN THE COURT OF COMMON PLEAS :OF PENNSYLVANIA - :CUMBERLAND COUNTY :ORPHANS COURT DIVISION :NO. 21-2009-329 ORDER AND NOW, December 29, 2011, upon consideration of the Petition To fierminate Trust, filed by Manufacturer's and Traders Trust Company, it is, DEREDY 6RDERED ANA DECREED that the trust under Paragraph 19 of The Lssi Will and Testament of Sarah McCrea Chapman Jones is hereby terminated. The Trustee is hereby ORDERED to file a Final Account within sixty (60) days of today's date. Any objections to the account shall be tiled within twenty (20) days after filing o[ the Final Account and Notice to all interested parties. If no objections to the account are timely tiled, then the balance of the pr=ncipa! ar:d :ar+distributed income is hereby awarded to the Saint •lohn's Episcopal Church, Carlisle, Pennsylvania. BY THE Ct;iURT, ~C ~ . NNETH A. MUNIlVIAII, JUDGE 41'' Judicial District Specially Presiding ~ '• ?{ cc: Jeffrey B. Boswell, Esq. .-~ ~ ~ KUE COPY FROM RECORD=~? 3 tr'.'es~:ro<~ w!t~mi, i ;mm~ z ^ ~ • • r ~ •.... ;.. ~. `. `'': _ . ~ No V. Otto, III, Esq. a~~ h ~ ~ ~ ~ ' i ,~ c~ m ~ ~' ' ' ~ . James D. Flower, Jr., Esq. Of a~M ~ oltt ~ Ca~MIe,PA ~ ~ '~ ~.r f; ~ c!• , ~ . .- . John McCrea, III Michael T Foerster Es ~ ~ ~ . ~ ~r '' , , K, ' ' ; q. . 4 , • =, ~ - Daniel Sullivan, Esq. ~ ~ z . ~' ~' ., ~ ~ Dickinson School of Law twat v c ~ '" The National Trust for Scotland ~ ~ Countp ~ Episcopal Diocese of Central Pennsylvania ~gttYS~tu1tXC~urt A.~iml~isS~l~.~- . - ------- Cumberland County Court Adm inistrator ~i~.~~-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. ORPHANS' COURT DIVISION Docket No. 21-2009-0329 THIRD AND FINAL ACCOUNT Manufacturers and Traders Trust Company, Successor to Farmers Trust Company and John McCrea, III, Co-Trustees for Trust under Will of Sarah McCrea Chapman Jones for Chapman Lodge Date of First Receipt of Funds: November 3, 1978 July 6, 2011 to Accounting for the period: January 30, 2012 Purpose of Account: The Co-Trustees cffer this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is imgortant that tY.a Account be carefully examined. Req~.:esta fog additional information, questions or objections can be discussed with: Jane F. Burke, Vice President Manufacturers and Traders Trust Company One West High Street Carlisle, PA 17013 (717) 240-4504 or Martson Law Offices Ter. East Higr. Street Carlisle, PA 17013 n •~~ 't = 7 ~ - ~... ~ '~~iZl T7 --' C7 -~'".~ `, ~J -~ --i D -j-~ -rF C5,7 ~ t' -, i W _ _, --~„ '' - f3"4 .. ~.,..~ ~1', rT r~ - 1 - gU~1ARY OF ACCOUNT PRINCIPAL Receipts Less Disbursements: Federal State & Local Taxes General Disbursements Administration - Misc. Exp. Balance before Distributions Principal Balance on Hand For Information: Changes in Holdings INCOME Receipts Balance before Distributions Income Balance on Hand COMBIPIED BALAN^~ OTI HAIS*D Verification PAGES 3 $ 118,830.12 4 ~ 4,985.95 4 2,141.12 4-5 48,201.30 -55 328.37 63 501.75 6 $ 63,501.75 7 8 $ 14.33 $ 14.33 9 $ 14.33 10-11 - 2 - $ 63,S1E.08 PRINCIPAL RECEIPTS ASSETS RECEIVED AS PER SECOND AND PARTIAL ACCOUNT Real Estate 92 McCrea Road Personal Effects Personal Property - Household Furniture at Chapman Lodge Overdraft of Principal Cash 4iiBSEOUENT RECEIPTS C~+SH 01/11/12 Received from J.R. Mall Incorporated - Timbering at Chapman Lodge TOTAL PRII3CIPA-L RECEIPTS $ 65,119.46 52,400.00 $ 117,519.46 $ 113,017.12 -4,502.34 5,a13.oo $ 118.830.12 - 3 - DISBURSEMENTS OF PRINCIPAL FEDERAL STATE & LOCAL TAXES Tax Claim Bureau - Real Estate Tax 09/13/11 2009 Property Tax for Map No. #15-04-0391-036A - 92 McCrea Road 09/13/11 2009 Property Tax for Map No. 15-04-0391-035 - 92 McCrea Road JENERAL DISBURSEMENTS Adams Electric Co-0 erative Inc. - Utility Expense 07/13/11 08/10/11 09/08/11 i0/17/li 11/09/11 12/09/11 O1/1.1/12 IBIS A raisal Service - A raisal Fee 12/20/11 Appraisalo32e5PHoursa@ $60.OOtper Hour ADMINISTRATION - MISC. EXPENSES ^umberland Count Resister of Wills 08/15/11 Cost of Filing Second and Partial Account $ 814.09 4,171.86 $ 4 985.95 $ $ 27.58 28.22 25.75 ?5.84 26.89 30.21 26.63 FORWARD 191.12 1,950.00 130.00 $ 130.00 $ 4,985.95 2,141.12 7,127.07 - 4 - DISBURSEMENTS OF PRINCIPAL (cont'd~ FORWARD $ 130.00 $ ADMINISTRATION MISC EXPENSES (cont'd RESERVES: 2010 Real Estate Taxes 2011 Real Estate Taxes Martson Law Offices - Current Balance due Legal Services Martson Law Offices - Estimated Future Legal Services M&T Bank - Trustee Fees 2003-2012 M&T Bank - Estimated Future Fee for Gaon-Routine Servicing Filing Fees TOTAL DISBURSEMENTS OF PRINCIPAL $ 3,390.93 3,080.37 12,350.00 15,000.00 9,000.00 5,000.00 250.00 48,071.30 7,127.07 48,201.30 $ 55,328.37 - 5 - PRINCIPAL BALANCE ON HAND Real Estate 92 McCrea Road FIDUCIARY VALUE AT ACQUISITION 01/30/2012 V~'~ $ 65,119.46 $ 65,119.46 Personal Effects Personal Property - Household Furniture at Chapman Lodge 45,438.00 52,400.00 $ 110,557.46 $ 117,519.46 -54,017.71 -54,017.71 pVERDRAFT OF CASH TOTAL PRINCIPAL g,~LANCE ON HRNL' $ 56,539.75 $ 63,501.75 - 6 - CHANGES IN PRINCIPAL HOLDINGS 92 McCrea Road Received Personal Pro ert -Household Furniture at Chapman Lodge Received ACCOUNT VALUE 65,119.46 52,400.00 - 7 - RECEIPTS OF INCOME Prior Award: RECEIVED AS ACCOUNT PER SECOND AND PARTIAL Income Cash Cash 12/27/11 Received from Adams Electric Co-Operative Inc. - Retirement of a Portion of your Cooperative Utility's Patronage Capital TOTAL RECEIPTS OF INCOME $ 3.62 1c.71 $ 14.33 - 8 - INCOME gp~,ANCE ON HAND CASH (AUTOMATICALLY INVESTED) TOTAL INCOME BALANCE ON HAND FIDUCIARY VALUE RT ACQUISITION 01/30/2012 V~'~ $ 14.33 $ 14.33 $---____=====1433 $_____---=-==14-33 - 9 VERIFICATION Manufacturers and Traders Trust Company, Successor to Farmers Trust Company and John McCrea, III, Co-Trustees under Will of JONES, deceased, hereby declare under oath that they SAR,AFi MCCREA CFiAPMAN have fully and faithfully discharged the duties discloses allcsignificant foregoing Account is true and correct and fulleriod; that all known claims transactions occurring during the accounting p against the Trust have begin aadainstuthe Trust;tand that allltaxes there are no claims now outstan g g presently due from the Trust have been paid. This statement is made subject to the penalties of 18 PA. C.S.A. Section 4904 relating to unsworn falsification to authorities. ~~ Manufac urers and Traders Trust Company na..ed - 10 - IN THE COURT OF COMMON PLEAUROFDIV S ON AND COUNTY, PA ORPHANS CO FILE N0.21-2009-0329 THIRD AND FINAL ACCOUNT OF R RUST UNDER W L OF SAERAH TRUST COMPANY, CO-TRUSTEE FO MCCREA CHAPMAN JONES, LATE OF CUMBERLAND COUNTY, PENNSYLVANIA SCHEDULE OF PROPOSED DISTRIBUTION Manufacturers and Traders Trust Company, Co-Trustee for Trust under the Last Will and Testament of Sarah McCrea Chapman Jones, deceased, propaonsdesanto und~tributed income he d in principal, including the personal property and real property, Y trust pursuant to Paragraph 19 of the Last Will and Testam sna t Bement to satisfy all outstanding Carlisle, Pennsylvania, subject to St. John s Episcopal Chun gi' fees and expenses, including property taxes, trustee fees and attorney's fees. The above distribution is proposed in accordance with eheo Orie r rin ipab anddundlist buted dated December 29, 2011, ordering distribution of the balan P income to St. John's Episcopal Church. Jane .Burke, Vice President Man facturers and Traders Trust Company Co-Trustee Sworn and subscribed to before me this 3 day of ~P I~h''v~•.V"t r ~~ ~ : ,~ / ~ ~ ''%7 ~; otary Pu is ~~~ pEryNSYLVANIA Notarial Seal Vanessa A. CasseN, Notary Pubik ~ NovNov, 29~, 20x15 pH1n5YLW1NU ASSOCIATION OF NOTARi~