HomeMy WebLinkAbout03-16-12F.\FILES\Clients\7259 M & T\7259.Trust\7259.8 Chapman Jones\7259.S,answer.objections
~ _ :1:f
No V. Otto III, Esquire ~ A ~
' =~'
~~ ~ I
l
I.D. No. 27763 ~ <~= m
-
Esquire
Mosebey
Seth T ~~ ~-~
~ ~ ~'
,
.
LD. No. 203046 _
, `~= -
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER _~_
c
MARTSON LAW OFFICES
_T, --, 4~ T
10 East High Street ~ ~ ~'
Carlisle, PA 17013
(717) 243-3341
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, NO.2009 - 329
ANSWER OF MANUFACTURERS AND TRADERS TRUST COMPANY TO
OBJECTIONS OF JOHN McCREA TO THE THIRD AND FINAL ACCOUNT AND
SCHEDULE OF DISTRIBUTION
AND NOW, comes Manufacturers and Traders Trust Company ("M&T"), by and through
its undersigned counsel, Martson Law Offices, and here by files the following Answer to the
Objections of John McCrea to the Third and Final Account and Distribution:
Denied as a conclusion of law to which no response is required. By way of further
answer, the appraisal of personal property located at the Chapman Lodge was requested by the
Pennsylvania Office of the Attorney General and served a vali purpose of the trust.
2. Denied as a conclusion of law to which no resp se is required. By way of further
response, by Order dated December 29, 2011, Judge Mummah directed a termination of the trust
under Paragraph 19 of The Last Will and Testament of Sarah McCrea Chapman Jones and ordered
M&T to file a final account. M&T complied with Judge Mummah's Order. Moreover, M&T's legal
proceedings were ultimately successful and were therefore neither legally nor factually incorrect.
Denied as a conclusion of law to which no response is required. By way of further
response, by Order dated December 29, 2011, Judge Mummah directed a termination of the trust
under Paragraph 19 of The Last Will and Testament of Sarah McCrea Chapman Jones and ordered
M&T to file a final account. M&T complied with Judge Mummah's Order. The reserve is necessary
due to the threats of the Co-Trustee to continue the litigation of this matter, including an appeal to
the Superior Court of Pennsylvania. Moreover, M&T's position was supported by legal theory as it
was successful on its Petition.
4. Denied as a conclusion of law to which no response is required. By way of further
answer and as testified to at the hearing, M&T first proposed distributing the Chapman Lodge and
its furnishings to Henry Chapman, Katherine Chapman Michalka and Karen Chapman on December
11, 1987, when it attempted to file a First and Final Account with a proposed distribution of the
Lodge and its furnishings to Henry Chapman, Katharine Chapman Michalka and Karen Chapman.
Co-Trustee and Objector John McCrea refused to execute the Account. On February 16, 2007, M&T
wrote to each of the life beneficiaries inquiring whether they wished to accept their life estates and
pay the accompanying expenses. The only response M&T received was from Katharine Chapman
Michalka who declined to accept the life estate. This is not an exhaustive list of M&T's attempts
to terminate the trust or express concern over the funds available to maintain the real property and
the accompanying contents. M&T deferred its trustee fees.
5. Denied as a conclusion of law to which no response is required.
6. Denied as a conclusion of law to which no response is required. By way of further
response, by Order dated December 29, 2011, Judge Mummah directed a termination of the trust
under Paragraph 19 of The Last Will and Testament of Sarah McCrea Chapman Jones and ordered
M&T to file a final account. M&T complied with Judge Mummah's Order.
7. Denied as a conclusion of law to which no response is required.
WHEREFORE, because the issues raised in the Objections are purely questions of law,
M&T hereby requests that this Court overrule John McCrea's Objections to the Proposed Third and
Final Account without the appointment of an auditor and grant such other relief as the Court deems
I
appropriate.
MARTSON LAW OFFICES
By:
No V. Otto III, Esquir
I.D. No. 27763
Seth T. Mosebey, Esquire
I.D. No. 203046
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: ~/~~~~ ~ 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 Answer to Objections 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
James D. Flower, Jr., Esquire
26 West High Street
Carlisle, PA 17013
Michael T. Foerster, Esquire
Office of the Attorney General
14`h Floor, Strawberry Square
Harrisburg, PA 17120
MARTSON LAW OFFICES
Ma M rice
Ten Ea igh Street
Carlisle, PA 17013
(717) 243-3341
Dated: 3~/le~~~/