Loading...
HomeMy WebLinkAbout03-16-12 (2)F.\FILES\Clients\7259 M & T~7259.Trust\7259.8 Chapman Jones\7259.8.answer.objections2 No V. Otto III Esquire n ~.: - , , I.D. No. 27763 ~ ~ ~ `T~ ``-` Seth T. Mosebey, Esquire ~ ?~ _~. ~' LD. No. 203046 _ ,, ;,. ~ ~ ~~ _- MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ~_, ,,~ -' - ~_ _ MARTSON LAW OFFICES r ~.7 --, ~=? T' ~. "~ ; ` _ ~~ l - -- .-:.-, 10 East High Street ~~ ~ r? Carlisle, PA 17013 v 1 ~-~' ~^ ~ (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 HENRY L. CHAPMAN KAREN E. CHAPMAN and KATHERINE CHAPMAN MICHALKA, and HENRY L. CHAPMAN as GUARDIAN OF ALFRED McCREA CHAPMAN 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 Henry L. Chapman, Karen E. Chapman, Katherine Chapman Michalka, and Henry L. Chapman, as Guardian of Alfred McCrea Chapman, to the Third and Final Account and Distribution: 1. 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. 2. 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. 3. Denied as a conclusion of law to which no response is required. 4. Denied as a conclusion of law to which no response is required. 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. 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. 6 (sic). 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. 7. 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. By way of further answer and as testified to at the hearing on M&T's peetition, 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 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. WHEREFORE, because the issues raised in the Objections are purely questions of law, M&T hereby requests that this Court overrule the Objections of Henry L. Chapman, Karen E. Chapman, Katherine Chapman Michalka, and Henry L. Chapman, as Guardian of Alfred McCrea Chapman, without the appointment of an auditor and grant such other relief as the Court deems appropriate. MARTSON LAW OFFICES No V. Otto III, Esquire U I.D. No. 27763 Seth T. Mosebey, Esquire I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: 3 ~~ 3, ~ Z 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 Off ce of the Attorney General 14`h Floor, Strawberry Square Harrisburg, PA 17120 MARTSON LAW OFFICES By: ~/~C~ Ma .Price Ten st High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~~~ ~/~~