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HomeMy WebLinkAbout09-07-12~~ IJ C,~I ~~ : ~1 TRUST .._> <?~ ==~ ~, ~, ; -,, _.. COURT OF COMMON PLEA -= ~ ' ~ ~ ~r S OF CUMBERLAND ~ . ~ , -,-~ , ' ~ " COUNTY, pE~SyLVANI ~ _ ` A ORPHANS' COURT DIVISION J(~- ~~ i- , i `~ ~.•~ _. r; _.~ NAME OF TRUST (TRUST UNDER WILL OF or TRUST UNDER DEED OF The George H. Plough Trust DATED July 24, 2002 ~ No. 21-11-758 PETITION FOR ADJUDICATION / STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa. O.C. Rule 6.9 This form may be used in all cases involving the Audit of Trust Accounts. I s a riders may be attached. ,~ p ce is insuffcient, INCL UDEATTACHMENTSAT THE BACK OF THIS FORM. Name of Counsel: Tricia D. Naylor, E~ Supreme Court I.D. No,; 83760 Name of Law Firm: Baric Scherer LLC Address 19 West South Street, Carlisle, lvania 17013 Telephone: (717) 249-6873 Fax: (717) 249-5755 Form OC-02 rev 10.13.06 Page 1 of 10 ~~' , Name of Trust: The George H. Ploul Trust 1. Name(s) and address(es) of Petitioner(s): Petitioner: Petitioner: Name: Antonio Santana aka Tony Santana Address. 1556 Newville Road Carlisle, Pennsylvania 17015 2. Check if any of the following issues are involved in this case: A. Appointment of Trustee . B. Interpretation ............ ... ....................... C. Discharge of Trustee ..... ............. ' ' ' ~ D. Transfer of Situs ... .. ~ ........................... : E. Appointment of Ad Latem .. ............... ..... F. Minor, Unborn or Unascertained Benefici ary(ies) ...... G. Principal Distribution ........ ... ~ ' ' ~ ~ ' H. Partial/Full Termination of Trust ..... ~ ................ I. Missing Beneficiary(ies) ......... ............... J. Cy Pres ................. ........................ K. Williamson Issue* .... ............... L. Other Issues ............ '... ......................... List: ........... .... Please note: A detailed explanation of issues checked should be set forth at item 13 below. ~` See Wtllramson 'state, 368 Pa. 343, 82 A.2d 49 (1951), if Trustee was also Executor of the settlor/decedent's estate and received commissions in such capacity. Form OC-02 rev 10. /3.06 Page 2 of 10 Name of Trust: The George H. Plough Trust 3. Testamentary Trust: Decedent's date of death: Date of Decedent's Will: Date(s) of Codicil(s): Date of probate: or Inter Vivos Trust: Date of Trust: July 24, 2002 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 and Partial accounting filed March 23, 2012 and Adjudicated Apri124, 2012. 5• A. State how each Trustee was appointed: Pursuant to The George H. Plough Trust, dated July 24, 2002, Antonio Santana aka Tony Santana was named as Successor Trustee upon the death of the Settlor, George H. Plough. B. If a Petitioner is not a Trustee, explain: Form OC-02 rev 10.13.06 Page 3 of 10 Name of Trust: The George H. Plough Trust 6. State how and when the present fund was awarded to Trustee(s): Pursuant to Paragraph FOURTH of the Last Will and Testament of George H. Plough, the decedent devised and bequeathed his residuary estate to The George H. Plough Trust an inter vivos trust dated July 24, 2002 which Settlor funded prior to his death. 7. Period covered by accounting: July 1, 2011 to June 30, 2012 8. Current fair market value of the Trust principal is $ 359,269.45 ~_ of Account.) (See page 9. State concisely the diapositive provisions of the Trust: Upon the death of the Settlor, GEORGE H. PLOUGH, the Trust shall terminate. Upon termination of the Trust, the remaining Trust estate shall be held. IN FURTHER TRUST, with the Trustee distributing the proceeds of the Trust estate in as equal shares as possible over a five (5) year period beginning one 1 the Settlor until entirely distributed. The Trustees shall have compl to discretioni n the manner with which they determine the value of each distribution, but shall, in any event complete the total distribution of this trust within five 5 Settlor. Each such distribution of this trust shall be distributed t the benefi ~aries according to their shares as identified on Schedule "B"....." found and a Petition to Determine the Beneficiaries was filed and aneOrder' wa's granted by J. Wesley Oler. (See Attached Order for list of beneficiaries and their shares.) 10. 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): This Account is being filed for The George H. Plough Trust as a Second and Partial Account of the Trustee to acquaint interested parties with the transactions that have occurred since the last accounting. Form OC-02 rev 10.13.06 Page 4 of 10 Name of Trust: The George H. Plough Trust 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): N/A 12. A. State the amount of Pennsylvania Transfer Inheritance Tax and Pennsylvania Estate Tax paid (including postponed tax on remainder interests), the dates of payment and the interests upon which such amounts were paid: Date Payment Interest 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: Form OC-02 rev 10. /3.06 Page 5 of 10 Name of Trust: The George H. Plough Trust 14. Written notice of the Audit as required by Pa. O.C. Rules 6.3, 6.7 and 6.8 has been or w' be given to all parties in interest listed in item 15 below. In addition, notice of arty 111 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 shall 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 uris e. Notice of the Audit has been or will be given to~the appropriatep ec rese persons), such party's behalf as required by Pa. O.C. Rule 5.2. p ntative on D. If 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 herewith or at the Audit. 15. List all parties of whom Petitioner(s) has/have notice or knowledge, having or claimin any interest in the Trust, whether such interest is vested or contingent, charitable or g 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 o Each Par in Interest Relationshi and Comments, i an Interest See attached Court Order showing Charitable o the charitable beneficiaries of the 100 /o trust estate and their respective shares. Form OC-02 rev 10.13.06 Page 6 of 10 Name of Trust: The George H. Plough Trust B. Identify each party who is not sui uris e. For each such party, give date of birth, the name of each Guarcitated persons). Guardian was appointed. If no Guardian has been appointed, idlenh~ the nex ch kin of such party, giving the name, address and relationship of each; and t of N/A C. If distribution is to be made to the personal representative of a deceased a 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 assi ned or provide a copy of the assignment or attachment, together with any elevant su acortd, documentation. pp ng 17. If a trustee's principal commission is claimed: A. If based on a written agreement, attach a copy thereof. Form OC-02 rev /0.13.06 Page 7 of 10 Name of B. If a principal commission is claimed, state amount. As Trustee, Antonio Santana aka Tony Santana is claiming a commission for the administration of the trust in the amount of $1,000.00 per year. C. If a principal commission is claimed, state the amounts and dates of any rinci commissions previously paid in prior accounting periods. p pal Amount Date Paid 10,000.00 May 7, 2012 * An executor/trustee's commission for the a decedent's es ate dministration of the partial accountin/ ofsthe s taken which included 4 trust, the first and 18. If a reserve is requested, state amount and purpose. Amount.• Purpose: 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? .. . ..................................... ~ Yes ONo If so, attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? . . ........................ ~ Yes ONo Form OC-02 rev 10.13.06 Page 8 of 10 Name of Trust: The George H. Plough Trust Wherefore, your Petitioner(s) ask(s) that distribution be awarded to the parties enti and suggest(s) that the distributive shares of income and principal (residuary shares b tied in proportions, not amounts) are as follows: emg stated A. Income: Proposed Distributee(s) Amount/Proportion See proposed distributions on page 9 B. Principal: Proposed Distrtbutee(sJ Amount/Proportion See proposed distributions on page 9 Submitted By: (All petitioners must sign. Add additional lines if necessary): ame of Petitioner: Antonio Santana aka Tony Sa Name of Petitioner: Form OC-02 rev 10.13.06 Page 9 of 10 Name of Trust: The George H. Plough Trust Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies * [that heishe of the above-named name of corporation ~- is title forth in the foregoing Petition for Adjudication /Statement of Pro ose and] that the facts set within the personal knowledge of the Petitioner are true, and as tofact ~ Distribution which are of others, the Petitioner, after diligent inquiry, believes them to be trne, based on the information statements herein are made subject to the penalties of 18 Pa. C.S. 'and that any false falsification to authorities). § 4904 (relating to unsworn ignature of Petitioner * Corporate petitioners must complete bracketed information. Certification of Counsel The undersigned counsel hereby certifies that the foregoing Petition for Statement of Proposed Distribution is a true and accurate reproduction o authorized by the Supreme Court, and that no changes to the Adjudication / f the form Petition responses herein. form have been made beyond the Form OC-02 rev 10.13.06 Page 10 of 10 ~a'N ~<< t: IN RE: THE GEORGE H. IN THE COURT OF COMMON PLEAS OF PLOUGH TRUST CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION ~? NO. 21 z ~ --- ," -~, -11-758 .~ ~,. ~,_~ ^~ _ ~ _~~ Z Cliff ~ -r• JG ~ -.. -_ ORDER OF COURT ~~ `= ~- z' -_ n --, - -=~ AND NOW, this 2 ~~ day of ~ 7~ P l., , 2012, upon consideration of th - ~~~ e Petition to Determine the Beneficiaries and Their Respective Shares of George H. Plough Trust a ~d ~,zvt~~ and argumenthereon it is ordered and decreed that The George H. Plough Trust may be distributed according to the Trust Agreement in the amounts identified to the following charitable beneficiaries: One-Eighth (1/8) to Jack Van Impe Ministries One-Eighth (1/8) to Perry Stone Ministries One-Eighth (1 /8) to Gods News Behind the News One-Eighth (1/8) to John Hagee Ministries One-Eighth (1 /8) to Benny Hinn Ministries One-Eighth (1/8) to Hagerstown Union Rescue iVlission One-Eighth (1 /8) to Life Outreach International One-Sixteenth (1/16) to Save The Children One-Sixteenth (1/16) to Feed The Children BY THE COURT, ;~ LINDA L. KELLY OFFICE OF AATTORNEY GENERAL ATTORNEY GENERAL August 22, 2012 Charitable Trusts and Organizations Section 14th Flr., Strawberry Sq, Hamsburg, PA 17120 Phone: (717) 783-2853 Facsimile: (717) 787.1190 Tricia D. Naylor, Esquire BARK SCHERER LLC 19 West South Street Cas'lisle, PA 17013 Re: Deaz Ms. Naylor: This will acknowledge receipt of your notice under Supreme Court 5.5 regarding the above-captioned matter. Orphans' Court Rule I have reviewed the Second and Partial Combined Account of An ExecutorPi'rustee for the George H. Plough Estate and Trust and Your earliest convenience, kindly provide me with co ies o tonio Santana, have no objections. At the charities. P f the decree and proof of payment to Please be advised that the above review was made of this office and has no beazing on an _ Pm'suant to the azens atriae objection is based on the information submitted to the Officerof ABe ~- unction is conditioned upon its accuracy submissions or o further advised that this no ttorney General and therefore missions. Very truly yours, ~~~ f hn L. Do ~• Deputy Attorney General ~faa~a~au~ _. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION THE GEORGE H. PLOUGH TRUST NO. 21-11-758 SECOND AND PARTIAL ACCOUNT OF ANTONIO SANTANA, TRUSTEE FOR THE GEORGE H. PLOUGH TRUST George H. Plough, Died: June 15, 2010 Date of First Receipt of Funds: June 15, 2010 Accounting for the period: July 1, 2011 to June 30, 2012 Purpose of Account: The Trustee offers this Account to acquaint interested parties with the transactions that have occurred since the last accounting of the administration of the trust. It is important that the account be carefully examined. Requests for additional information or questions or objections can be discussed with: Tricia D. Naylor, Esquire Baric Scherer, LLC 19 West South Street Carlisle, PA 17013 (717) 249-6873 ~ ,.~, :- -- c-. ~s - ~ -v ,:<--, ~ ,_ , CJ ~.. ," f . _. ~ ~f..J __. ~ -,-s - ~.. '.: ~,~ , ::._ .art - - ~, , ; l \e/