HomeMy WebLinkAbout73-0330INRE:
ESTATE OF ERWIN C. OPPERMAN,
DECEASED
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-73-330
PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE
IN ACCORDANCE WITH 20 PA. CONS. STAT..AI~.;~ {}7101.
TO THE HONORABLE, THE JUDGES OF SAD COURT:
The Petition of Bridget M. Whitley, respectfully represents that:
Erwin C. Opperman (the "Decedent") died on May 19, 19~73 leav~ a Will:dated
January 18, 1971 (the "Will"), probated in the office of the Register of Wills of Cumberland
County, Pennsylvania on June 12, 1973, a copy of which is attached as Exhibit A, whereby he
appointed Clarence E. Miller ("Miller") and William H. Wood ("Wood") as executors and
trustees.
2. Miller and Wood filed a First and Final Account as Executors on October 18,
1974, together with a Proposed Schedule of Distribution. By Order dated November 26, 1974,
the Account was confirmed absolutely and distribution decreed in accordance with the Proposed
Schedule of Distribution.
3. The trust arises as follows: pursuant to Item IH of the Will, the Decedent's
corporate securities were distributed to Miller and Wood, in trust for the benefit of the
Decedent's cousin, Helen Opperman Krause ("Krause"). Krause was entitled to receive from the
trust, for as long as she lived, all of the net income. Upon Krause's death, the Will directs that
the trust terminate and the remaining principal and undistributed income be divided and
distributed in equal shares to the Camp Hill Presbyterian Church, Camp Hill; the Market Square
Presbyterian Church, Harrisburg; and the St. Michael's Evangelical Lutheran Church,
Harrisburg.
4. Trustee Miller died onMarch 13, 1992. Trustee Wood died onMarch 2, 1999.
Beneficiary Krause died on December 27, 1999.
5. The trust cannot be terminated unless and until a successor trustee is appointed to
fill the complete vacancy in the office of trustee, as the Will does not name a successor or
substitute trustee.
6. Pursuant to 20 Pa. Cons. Stat. Ann. §§ 722 and 723, the sims of the Trust is
Cumberland County, Pennsylvania, and this Court has jurisdiction pursuant to 20 Pa. Cons. Stat.
§711.
7. The names and addresses of all parties in interest, each of which is entitled to an
equal share of the remainder, are as follows:
Lloyd Persun, President
Camp Hill Presbyterian Church
c/o Mette Evans & Wooside
P.O. Box 5950
Harrisburg, PA 17110-0950
Rev. James D. Brown
Market Square Presbyterian Church
20 South 2nd Street
Harrisburg, PA 17101-2040
Rev. Russell Mueller
St. Michael's Evangelical Lutheran Church
118 State Street
Harrisburg, PA 17101-1024
8. The consents of the parties in interest to this Petition are attached as Exhibit B.
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9. The Attorney General of the Commonwealth of Pennsylvania has reviewed a draft
copy of this Petition, and has no objections to it, as evidenced by the letter attached as Exhibit C.
10. The principal of the trust consists of the following assets:
324 shares of Wachovia Corporation ~ $48.00
300 shares PPL Corporation ~ $48.00
Certificates of Deposit at M & T Bank
Certificate of Deposit at Wachovia Bank
Checking Account at M & T Bank
$15,552.00
14,400.00
11,000.00
1,000.00
7,500.00
There may be additional assets in a safe deposit box, which cannot be determined until a
successor trustee is appointed, and the box opened and inventoried.
11. The proposed Successor Trustee is Bridget M. Whitley, Esq., a Senior Attorney
with the law firm of Keefer Wood Allen & Rahal, LLP (prior to his death, Trustee Wood was a
partner of this finn), whose business address is 210 Walnut Street, Harrisburg, Pennsylvania, and
whose consent to serve as successor Trustee is attached hereto as Exhibit D. The proposed
Successor Trustee has no relationship to any party in interest, nor any interest in the trust.
12. The Will does not waive the posting of security by the trustee.
WHEREFORE, Petitioner respectfully requests that this Court appoint Petitioner Bridget
M. Whitley as Successor Trustee of the trust under Item III of the Will dated January 18, 1971,
with such security as the Court shall require.
Respectfully submitted,
Date:
Bridget M. Whitley
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VERIFICATION
The undersigned, Bridget M. Whitley, hereby verifies and states that the facts set forth in
the foregoing petition are true and correct to the best of her knowledge, information, and belief;
and that she is aware that false statements herein are made subject to the penalties of 18 Pa.
Cons. Stat. Ann. §4904, relating to unswom falsification to authorities.
. ·
Bridget M. Whitley~
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LAST WILL AND TESTAMENT OF
ERWIN C. OPpERMAN
I, ERWIN C. OPPERMAN, of Camp Hill, Cu~erland County,
Pennsylvania, do hereby make, publish and declare this as and
for my Last Will and Testament, hereby revoking any former Wills
or Codicils made by me.
ITEM I. I order and direct that all my just debts and
funeral expenses be paid out of my estate by my Executors herein-
after named, as soon as may conveniently be done after my death.
ITEM II. I give and bequeath all my personal effects
such as clothing, books, household goods, jewelry and automobile,
(except bank account or accounts and securities or other intangible
personal property) to my cousin, HELEN OPPEP~4AN KRAUSE, absolutely,
if she survives me.
ITEM III. I hereby give and bequeath all corporate
securities which I may own at the time of my death to my :Trustees
hereinafter named, in trust, nevertheless, to hold, man~ge,'.invest
and reinvest the same, collect the income therefrom and dispose
of the principal and net income therefrom as follows:
(a) So long as my cousin, HELEN 0PpERMAN KRAUSE, is
living, all of the net income from the Trust shall be paid to her
or applied directly for her benefit, at such times and in such
amounts as my Trustees, in their sole discretion, may deem advisable.
witnesses:
(b) Upon the death of my cousin, HELEN OPPERMAN KRAUSE,
this Trust shall terminate and the principal and any undistributed
income therefrom shall be divided into three equal shares, one of
which shall be paid over absolutely to CAMP HILL pRESBYTERIAN
CHURCH, Camp Hill, Pennsylvania; one to MARKET SQUARE PRESBYTERIAN
CHURCH, Harrisburg, Pennsylvania; and one to ST. MICHAEL'S EVAN-
GELICAL LUTHERAN CHURCH, Harrisburg, Pennsylvania.
ITEM IV. Ail the rest, residue and remainder of my
estate, of whatsoever nature and wheresoever situate, I give, de-
vise and bequeath as follows:
1. My Executors shall arrange and pay for suitable
markers for sny unmarked graves for members of my family in our
family lot in Harrisburg Cemetery.
2. The remainder of my said residuary estate shall be
divided into twelve (12) equal shares and distributed as follows:
(a) One share to my cousin, HELEN OPPERMAN KRAUSE,
if she is surviving at the time of my death.
(b) One share to KARL T. OPPERMAN, JR.,' of Coilings-
wood, New Jersey, or if he is not surviving at the'time of
my d~ath, then to his children in equal shares.
(c) One share to KARL T. OPPERMAN, III, of War-
minster, Pennsylvania, or if he is not surviving at the time
of my death, then to his children in equal shares.
(d) One share to MISS SARAH H. MARTIN, Registered
Nurse, of Middletown, Pennsylvania, if she is surviving at
the time of my death.
witnesses:
(S~L)
(e) One share to MRS. PEAR3~ A. BARRICK, Registered
Nurse, R. D. 4,Mechanicsburg, Pennsylvania, if she is sur-
viving at the time of my death.
(f) One share to MRS. RAYMOND CHESTER WALKER, Ca~
Hill, Pennsylvania, if she is surviving at the time of my
death.
(g) One share to GETTYSBURG COLLEGE ALUMNI ASSOCIA-
TION.
(h) One share to'DAVID p. DHATRICH MEMORIAL BUILDING
FUND of SIGMA ALPHA EPSILON FRATEP~NITY, GETTYSBURG COLLEGE,
Gettysburg, Pennsylvania.
(i) One share to the SALVATION ARMY, Harrisburg,
Pennsylvania.
(j) One share to the VOLUNTEERS OF AMERICA, Harris-
burg, Pennsylvania.
(k) One share to the AMERICAN LEPROSY MISSIONS, INC.,
297 Park Avenue South, New York City.
(1) One share to HARRISBURG CEMETERy A~SOCIATION,
Harrisburg, Pennsylvania.
If any person or persons to whom a legacy is provided for
in subparagraphs (a), (d), (e) and (f) of this ITEM IV is or are
not surviving at the time of my death, then the legacy or legacies
due such person or persons shall be added lin equal portions to the
remaining legacies provided for in this ITEM IV.
ITEM V. I hereby nominate, constitute and appoint
witnesses:
(s~AL)
PASTOR CLARENCE E. MILLER of Harrisburg, Pennsylvania, and WILLIAM
H. WOOD of Lemoyne, Pennsylvania, as Executors of this my Last
Will and Testament.
I hereby nominate, constitute and appoint PASTOR CLARENCE
E. MILLER and WILLIAM H. WOOD as Trustees of the Trust created
under ITEM IV of this Will.
ITEM VI. Ail estate, inheritance, legacy, succession
or transfer taxes (including any interest and penalties thereon)
imposed by any domestic or foreign laws now or hereafter in force
with respect to all property taxable under such laws by reason of
my death, whether or not such property passes under this my Will
and whether such taxes be payable by my estate or by any recipient
of any such property, shall be paid by my Executors, at'such time
or times as may be deemed advisable, out of my general estate as
part of the expenses of the administration thereof with no right
of reimbursement from any recipient of any such property.
ITEM VII. The principal of the aforesaid Trust and the
income therefrom shall be free from the control, debts, liabilities
and engagements of the beneficiaries and shall not be subject to
assignments, liens, attachments, executions, sequestrations or
claims of any sort whatsoever against her.
ITEM VIII. I hereby authorize my Executors and Trustees
to make partial or complete distribution to beneficiaries of my
estate, from time to time, during the administration thereof; to
witnesses:
distribute unequal amounts to similar beneficiaries,' from time to
time, during such administration and to make such other distribu-
tions during administration as they may determine. Nothing con-
tained in this Item shall be construed as authorizing my~Executors
and Trustees to vary the dispositive provisions of this Will.
ITEM IX. The Trustees shall not be responsible for,
liable for, or charged with, any loss or depreciation that may
arise in connection with the trust estate, Or in connection with
any other securities and real estate purchased by it forming any
part of the trust estate, it being expressly understood that the
Trustees shall be liable for gross negligenoe only.
ITEM X. I hereby e~ressly authorize and empower my
Executors and my Trustees of the Trust herein created, in their
sole and absolute discretion:
(a) To purchase or otherwise acquire, and to re~tain,
whether originally a part of my estate or subsequently acquired,
any and all stock, bonds, notes or other securities, .or: any variety
of real or personal property, including stocks or interest in
investment trusts and common trust funds, as they may deem
advisable, whether or not such investments be of such character
as to constitute legal investments by fiduciaries.
(b) To sell, lease, pledge, mortgage, transfer, ex-
change, convert or otherwise dispose of, or grant options with
respect to, any and all property at any time forming a part of my
Witnesses:
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estate or of the trust estate, in such manner, at such time or
times, for such purposes, for such prices and upon such terms,
credits and conditions as they may deem advisable. Any lease made
by the Executors or by the Trustees may extend beyond th~ period
fixed by statute for leases made by fiduciaries and beyond the
duration of the Trust.
(c) To borrow such sums of money as may be required for
the purposes of administering my estate or the trust estate, from
my Executors or Trustees, as individuals or as fiduciaries under
any other trust agreement, or from such other persons as they
may desire and to secure the ioan by a pledge of all or any part
of the trust property, or mortgage, and to execute an accompanying
bond authorizing the confession of judgment, and plain or collateral
notes, or other evidences of indebtedness. Persons or corporations
advancing money to the Executors or to the Trustees need not in-
quire into the necessity, expediency or propriety of such ~ loan,
nor see to the application of the money advanced.
(d) To vote in person or by general or limited proxy
with respect to any shares of stock or other securities held by
them; to consent, directly or through a cormmittee or other agent,
to the reorganization, consolidation, merger, dissolution or
liquidation of any corporation in which my estate or the trust
estate may have any interest, or to the sale, lease, pledge or
mortgage of any property by or to any such corporation; and to
make any payments and to take any steps which they may deem
necessary or proper to enable them to obtain the benefit of any
such transaction.
Witnesses:
(SEAL)
(e) To hold investments in the name of a nominee.
(f) TO complete, extend, modify or renew any loans,
notes, bonds, mortgages, contracts or any other obligations which
I may own or to which I may be a party or which may be ~iens or
charges against any of my property or against my estate, although
I may not be liable thereon, in such manner as they may deem ad-
visable; to pay, compromise, compound, adjust, submit to arbitra-
tion, sell or release any claims or demands of my estate or the
trust estate as they may deem advisable, including the acceptance
of deeds of real property in satisfaction of bonds and mortgages,
and to make any payments in connection therewith which they may
deem advisable.
(g) TO make distribution of my estate or of the prin-
cipal of the trust estate in kind and to cause any share to be
composed of cash, property or undivided fractional shares in
property different in kind from any other share.
(h) To execute and deliver any and all instruments
in writing which they may deem advisable to carry out any of the
foregoing powers. No party to any such instrument in writing - '
signed by the Executors or by the Trustees shall be obliged to
inquire into its validity, or be bound to see to the application
by the Executors or Trustees of any money or other property paid
or delivered to them pursuant to the terms of any such instrument.
IN WITNESS WHEREOF, I, ERWIN C. OPPERMAN, the Testator,
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93Z
(SEAL)
have to this Last Will and Testament, written on eight (8) sheets
of paper, sat my hand and seal this .-~ day of January, 1971.
Signed, sealed, published
and declared by the above-
named ERWIN C. OPPERMAN,
as and for his Last Will
and Testament in the
presence of us who have
hereunto subscribed our
names at his request as
witnesses thereto, in the
presence of the said
Testator and of each other.
Erwin C. Op~e~man
, (SEAL)
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'-" 933
CONSENT AND JOINDER TO
PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE
IN ACCORDANCE WITH 20 PA. CONS. STAT. ANN. §7101
The undersigned, Rev. Russell Mueller, does hereby consent to and join in the Petition
for Appointment of Successor Trustee. ~.,.,¢.o ~/ ~
RF~. RUS/SELL MUELLER
COMMONWEALTH OF PENNSYLVANIA
'~[.~ ss.
COUNTY OF ,
I certify that on the ~ day of ~40 ~ ~ ,2004, REV. RUSSELL
MUELLER personally appeared before me, a Notary Public of the Commonwealth of
Pennsylvania, and acknowledged, to my satisfaction, that he is the person who executed the
above instrument as his voluntary act and deed for the uses and purposes expressed in the
instrument.
In witness whereof, I set my hand and office/ / /~/~,~
Notary Public
COMMONWEALTH O1: PENNSYLVANIA
INOTARIAL SEAL '
[PAMELA S WOLFE Notary Public
~C~ty of Harnsburg, Dauphin County
~ M)~ Commission Expires December 22,200~
CONSENT AND JOINDER TO
PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE
IN ACCORDANCE WITH 20 PA. CONS. STAT. ANN. §7101
The undersigned, Lloyd Persun, on behalf of the Camp Hill Presbyterian Church, does
hereby consent to and join in the Petition for Appointment of Successor Trustee.
LLOYD PERSUN
COMMONWEALTH OF PENNSYLVANIA
SS.
cOt T¥Or
I certify that on the [~ day of Oc~ ,2004, LLOYD
PERSUN personally appeared before me, a Notary Public of the Conmmnwealth of
Pennsylvania, and acknowledged, to my satisfaction, that he is the person who executed the
above instrument as his voluntary act and deed for the uses and purposes expressed in the
instrument.
In wimess whereof, I set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
Not,aria Seal
Joan E. Brothers, Notary Public
I Susquehanna Twp., Dauphin County [
[Myeommission Expires F~b. 12, 2006 I
Member, Pennsylvania Association of Notaries
CONSENT AND JOINDER TO
PETITION FOR APPOINTMENT OF SUCCESSOR TRUSTEE
IN ACCORDANCE WITH 20 PA. CONS. STAT. ANN. §7101
The undersigned, Rev. James D. Brown, on behalf of the Market Square Presbyterian
Church, does hereby consent to and join in the Petition for Appointment of Successor Trustee.
REV. ~ES D. BROWN
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~
SS.
I certify that on the _dayof .lllrD ~_ ~ _~_fl_fll ,2004, REV. JAMESD.
BROWN personally appeared before me, a Notary Public of the Commonwealth of
Pennsylvania, and acknowledged, to my satisfaction, that he is the person who executed the
above instrument as his voluntary act and deed for the uses and purposes expressed in the
instrument.
In witness whereof, I set my hand and official seal.
Gerald J. Pappert
Attorney General
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
October 18, 2004
Charitable Trusts and
Organizations Section
14th Floor, Strawberry Sq.
Harrisburg, PA 17120
Telephone: (717) 783-2853
Facsimile: (717) 787-1190
Bridget M. Whitley, Esquire
KEEFER, WOOD, ALLEN
& RAHAL, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Re: Trust Under the Will of Erwin C. Opperman
Dear Ms. Whitley:
This will acknowledge receipt of your notice pursuant to Supreme Court Orphans' Court
Rule 5.5, regarding the above-captioned matter. Based upon the documents provided, I have no
objection to the Prayer of the Petition. Please forward a copy of the filed Petition to my attention
at the above address so that we may complete our file. In addition, we will need to review the
Account and/or Receipt and Release Agreement when completed.
Please be advised that the above review was conducted pursuant to the parens patriae
function of this Office and has no bearing on any matter unrelated to that function. Thank you
for your cooperation during the course of our review.
Very truly yours,
Heather J. Vance-Rittman
Deputy Attorney General
EXHIBIT D
ACCEPTANCE OF OFFICE OF TRUSTEE
Effective upon the issuance of the Order Appointing a Successor Trustee by the Orphans'
Court Division of the Court of Common Pleas of Cumberland County, Pennsylvania, I, Bridget
M. Whitley, accept the office of Trustee of the trust created under Item II~ of the Last Will and
Testament of Erwin C. Opperman dated January 18, 1971.
CERTIFICATE OF SERVICE
I, Bridget M. Whitley, Petitioner, hereby certify that I have served the foregoing Petition
upon the following parties of interest by depositing true and correct copies of the same in the
United States mail, first-class postage prepaid, addressed as follows:
Lloyd Persun, President
Camp Hill Presbyterian Church
c/o Mette Evans & Wooside
P.O. Box 5950
Harrisburg, PA 17110-0950
Rev. James D. Brown
Market Square Presbyterian Church
20 South 2nd Street
Harrisburg, PA 17101-2040
Rev. Russell Mueller
St. Michael's Evangelical Lutheran Church
118 State Street
Harrisburg, PA 17101-1024
I further certify that on OCTOBER 12, 2004, I gave notice of the filing of the foregoing
petition to the Attorney General of the Commonwealth of Pennsylvania by depositing a true and
correct Copy of the same in the United States mail, certified mail, return receipt requested,
addressed to:
Gerald J. Pappert
Attorney General for the Commonwealth of Pennsylvania
Attention: Charitable Trusts and Organizations Section
14th Floor - Strawberry Square
Harrisburg, PA 17120
Keefer, Wood, Allen & Rahal, LLP
Dated:
Bridget M. Whitley, Esq.
S. Ct. No. 33580
210 Walnut Street
Harrisburg, PA 17101
1N RE:
ESTATE OF ERWIN C. OPPERMAN,
DECEASED
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-73-330
ORDER APPOINTING SUCCESSOR TRUSTEE
IN ACCORDANCE WITH 20 PA. CONS. STAT. ANN. {}7101
AND NOW, this day of
-> ~ ~,./ ,~ / ,2004, upon
consideration of her Petition, BRIDGET M. WHITLEY is appointed as successor Trustee for the
trust under Item III of the Last Will and Testament ofErwin C. Opperman dated January 18,
1971.
The requirement for the entry of security is waived.
By the Court:
/ r
ESTATE OF ERW1N C. OPPERMAN,
DECEASED
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DWISION
NO. 21-73-330
RECEIPT, RELEASE, REFUNDING AND INDEMNIFICATION AGREEMENT
CONCERNING FINAL DISTRIBUTION OF TRUST
THIS AGREEMENT, madethis ~O'~b~ dayof ~)~ ,2004
WITNESSETH:
THE CIRCUMSTANCES leading up to the execution of this Agreement are as follows:
1. Erwin C. Opperman (the "Decedent") died on May 19, 1973, leaving a Will dated
January 18, 1971 (the "Will"), probated in the office of the Register of Wills of Cumberland
County, Pennsylvania on June 12, 1973, whereby he appointed Clarence E. Mdle dler")_~md
William H. Wood ("Wood") as executors and trustees ....
2. Miller and Wood filed a First and Final Account as Executors on
1974, together with a Proposed Schedule of Distribution. By Order dated Noven'i~i"~6, 19~
the Account was confirmed absolutely and distribution decreed in accordance with the Proposed
Schedule of Distribution.
3. The trust arises as follows: pursuant to Item 1/I of the Will, the Decedent's
corporate securities were distributed to Miller and Wood, in trust for the benefit of the
Decedent's cousin, Helen Opperman Krause ("Krause"). Kranse was entitled to receive from the
trust, for as long as she lived, all of the net income. Upon Krause's death, the Will directs that
the trust terminate and the remaining principal and undistributed income be divided and
distributed in equal shares to the Camp Hill Presbyterian Church, Camp Hill; the Market Square
Presbyterian Church, Harrisburg; and the St. Michael's Evangelical Lutheran Church, Harrisburg
(the foregoing churches will hereinafter be referred to as the "Remainder Beneficiaries").
4. Trustee Miller died on March 13, 1992. Trustee Wood died on March 2, 1999.
Beneficiary Krause died on December 27, 1999.
5. By Order dated October 25, 2004, Bridget M. Whitley was appointed as Successor
Trustee to fill the vacancy created by the death of Trustees Miller and Wood.
6. The Trust may now be terminated, and it is the desire of the Remainder
Beneficiaries that the termination of the Trust be done without the formality of an accounting in a
court of competent jurisdiction.
7. In consideration of the indemnifications and such other terms that are hereinafter
provided, the Trustee is willing to terminate the Trust by agreement.
8. The Office of the Attomey General, Charitable Trusts and Organizations Section,
has no objection to terminating the trust with an informal accounting and receipt and release
agreement of the beneficiaries, as indicated by the letter appearing as Exhibit A.
NOW THEREFORE, in consideration of the foregoing and intending to be legally bound
hereby, the Remainder Beneficiaries, jointly and severally, for themselves, their successors and
assigns, do hereby agree as follows:
A. Waiver and Statement of Accounts. The Remainder Beneficiaries acknowledge
receipt of the Trustee's informal account, which is attached hereto as Exhibit B,
and declare that they have had the opportunity to review the account and based
upon an examination (or on their decision not to make such an examination), they
are satisfied that they have sufficient information to make an informed waiver of
their right to a formal accounting for the trust administration, and do hereby waive
the filing and auditing of same.
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Approval of Termination. The Remainder Beneficiaries approve the termination
of the Trust.
Receipt of Assets. The Remainder Beneficiaries acknowledge receipt of the
assets shown in on Exhibit B.
Releases. The Remainder Beneficiaries, for themselves, their successors and as-
signs, hereby absolutely and irrevocably remise, release, quitclaim and forever
discharge the Trustee (in her capacity as a fiduciary and in her individual capacity)
and each and every one of the Trustee's employees, agents, attorneys, advisors,
and counselors, and their respective heirs, personal representatives, successors and
assigns, of and from any and all actions, payments, accounts, reckonings, liabili-
ties, claims and demands relating in any way to the Trustee's administration of the
Trust, including but not limited to the failure of the Trustee to file an account of
such administration with, and obtain the approval of, a court of competent
jurisdiction, and the termination of the Trust as provided herein.
Refunds. Each of the Remainder Beneficiaries, to the extent of the funds and/or
assets received by it hereunder, covenants and agrees to refund upon demand by
the Trustee all or any amount which may hereafter be determined by the Trustee
or by a court of competent jurisdiction to have been an erroneous or excess distri-
bution to it regardless of the cause of such erroneous distribution, and agree that
any period for the limitation of actions for the collection of any erroneous
distribution to it shall commence only at such time as the Trustee shall have
obtained actual knowledge of such erroneous distribution and that in no event
shall the period for the collection of any erroneous distribution be less than two
years after the actual discovery thereof by the Trustee.
Indemnifications. The Remainder Beneficiaries agree to indemnify and hold
harmless the Trustee from and against any and all claims, loss, liability or damage
which they may suffer or to which it may be subjected by reason of her
administration of the Trust, the distribution of the Trust based on the informal
accounting and not a formal accounting, and the distribution of the assets of the
Trust without having the approval of a court of competent jurisdiction. The
Trustee shall not be indemnified nor held harmless for any act or omission which
would constitute a breach of her fiduciary duty, a violation of law, or act of bad
faith or gross negligence.
Voluntary Act. The Remainder Beneficiaries agree that this Agreement has been
freely and voluntarily executed, and that they have not relied on any special
inducement, promise, or representation other than those representations set forth
herein.
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Right to Counsel. The Remainder Beneficiaries acknowledge that they
understand all of the terms and conditions of this Agreement, and that they have
been advised by legal counsel for the Trustee that it may be in their best interest to
seek the advice of independent legal counsel before executing this Agreement, in
order to fully understand the legal consequences of such terms and conditions.
Waiver ofPa. R.C.P. 229.1. The Remainder Beneficiaries agree to waive the
provisions of Pennsylvania Rules of Civil Procedure Rule 229.1 (relating to
sanctions for failure to receive settlement funds within twenty days after receipt of
an executed release).
Consent to Jurisdiction. The Remainder Beneficiaries consent to the Court of
Common Pleas of Cumberland County, Pennsylvania, exercising personal
jurisdiction over them in any suit or action ar/sing out of the enforcement of this
Agreement.
Governing Law. This Agreement shall be governed by the laws of the
Commonwealth of Pennsylvania.
IN WITNESS WHEREOF, the Remainder Beneficiaries have set their hands and seals on
the attached Consents as of the date first above written.
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CONSENT TO RECEIPT, RECEIPT, REFUNDING
AND INDEMNIFICATION AGREEMENT
THE UNDERSIGNED, Lloyd Persun, does hereby acknowledge receipt of the
distribution made to the Camp Hill Presbyterian Church by the Trustee, and consents to the
Receipt, Release, Refunding and Indemnification Agreement Concerning Final Distribution of
Trust.
LL/~fI) PERSUN
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF ~
I certify that on the ~ day of ~ ,2004, LLOYD
PERSUN personally appeared before me, a Notary Public of the Commonwealth of
Pennsylvania, and acknowledged, to my satisfaction, that he is the person who executed the
above instrument as his voluntary act and deed for the uses and purposes expressed in the
instrument.
(sEnti)
In witness whereof, I set my hand and official seal.
Not~a/y Public
~0MMONWF~ALTH OF p£NNSYLVANIA~
Notarial Seal .
Joan E. Brothers, Notary. Public
Susquehanna Tw~., .Dau~m.n Co ~ml,~[
~MyCommission t:xpll~S I~eb. 12,
Member, Pennsyl~18 Association of Notaries
-5-
CONSENT TO RECEIPT, RECEIPT, REFUNDING
AND INDEMNIFICATION AGREEMENT
THE UNDERSIGNED, Rev. Russell Mueller, does hereby acknowledge receipt of the
distribution made to St. Michael's Evangelical Lutheran Church by the Trustee, and on its behalf
consents to the Receipt, Release, Refunding and Indemnification Agreement Concerning Final
Distribution of Trust.
R~V. RUSSELL MUEILLER
(SEAJ )
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
ce i y that on the qay of
SS.
,2004,REV. RUSSELL
MUELLER personally appeared before me, a Notary Public of the Commonwealth of
Pennsylvania, and acknowledged, to my satisfaction, that he is the person who executed the
above instrument as his voluntary act and deed for the uses and purposes expressed in the
instrument.
In wimess whereof, I set my hand and official seal
Notary Public
~ NOTARIAL SEAL
I PAMELA S WOLFE Nolary Public
/ Qt¥ of Harrisburg Dauph n County
I My Commission Expires December 22, 2007~
-6-
CONSENT TO RECEIPT, RECEIPT, REFUNDING
AND INDEMNIFICATION AGREEMENT
THE UNDERSIGNED, Rev. James D. Brown, does hereby acknowledge receipt of the
distribution made to Market Square Presbyterian Church by the Trustee, and on its behalf does
hereby consents to the Receipt, Release, Refunding and Indemnification Agreement Concerning
Final Distribution of Trust.
(sEe)
~V J~IES D. BROX~
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF ~
I certify that on the ~ fi~day of /~ ~'~'l., 2004, REV. JAMES D.
BROWN personally appeared before me, a Notary Public of the Commonwealth of
Pennsylvania, and acknowledged, to my satisfaction, that he is the person who executed the
above instrument as his voluntary act and deed for the uses and purposes expressed in the
instmment.
In witness whereof, I set my hand and official seal.
Notary Public
-7-
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
December 3, 2004
Gerald J. Pappert
Attorney General
Charitable Trusts and
Organizations Section
14th Floor, Strawberry Sq.
Harrisburg, PA 17120
Telephone: (717) 783-2853
Facsimile: (717) 787-1190
VIA FACSIMILE # (717) 255-8003
AND U.S. MAIL
Bridget M. Whitley, Esquire
KEEFER, WOOD, ALLEN & RAHAL, LLP
210 Walnut Street
P.O. Box 11963
Harrisburg, PA 17108-1963
Re: Estate of Erwin C. Opperman
Dear Ms. Whitley:
This will acknowledge receipt of your notice pursuant to Supreme Court Orphans' Court
Rule 5.5, regarding the above-captioned matter. Based upon the documents provided, I have no
objection to the First and Final Account.
Please be advised that the above review was conducted pursuant to the parens patriae
function of this Office and has no beating on any matter unrelated to that function. Please
forward copies of the signed Releases, when obtained, so that we may complete our file. Thank
you for your cooperation during the course of our review.
Very truly yours,
Heather J. Vance-Rittman
Deputy Attorney General
EXHIBIT A
COURT OF COMMON PLEAS OF CUMBERLAND, PA
ORPHANS' COURT DIVISION
FIRST AND FINAL ACCOUNTING OF
Bridget M. Whitley, Trustee
For
Trust U/W Erwin C. Opperman
Start of Trust:
Date of Appointment:
Accounting for the Period:
November 26, 1974
October 25, 2004
October 25, 2004 to December 06, 2004
Purpose of Account: The above fiduciary offers this account to acquaint interested parties with the
transactions that have occurred during his/her administration.
It is important that the account be carefully examined.
Requests for additional information, or questions, or objections,
can be discussed with:
Bridget M. Whitley
Keefer Wood Allen & Rahal, LLP
210 Walnut Street, Harrisburg, PA 17101
EXHIBIT B
Trust U/W Erwin C. Oppennan
Smmnary of Account
Principal
Receipts
Net Gain on Sales or Other Dispositions
Less Disbursements:
Administrative Expenses
Balance Before Distributions
Less Distributions to Beneficiaries
Principal Balance On Hand
For Information:
Investments Made
Unpaid Expenses
Unrealized Gains and Losses
Income Receipts
Net Gain on Sales or Other Dispositions
Less Disbursements:
Balance Before Distributions
Less Distributions to Beneficiaries
Income Balance on Hand
For Information:
Investments Made
Unpaid Expenses
Unrealized Gains and Losses
Combined Balance on Hand
Page
2
4
6
8
10
11
11
12
12
12
12
13
13
13
$ 5.60
$ 45,774.26
7,011.91
$ 52,786.17
5.60
$ 52,780.57
0.00
$ 52,780.57
$ 17.07
0.00
$ 17.07
0.00
$ 17.07
0.00
$ 17.07
$ 52,797.64
Page 1 (1)
Trust U/W Erwin C. Opperman
Receipts of Principal
FACE
3,000
3,000
3,000
1,987.55
1 000
No. of
Shares
300
Cash and Cash Equivalents
M & T Bank CD 31003914346445
Interest to Start of Trust
M & T Bank CD 31003914375976
Interest to Start of Trust
M & T Bank CD 3]0039]4376396
Interest to Start of Trust
M & T Bank CD 31003914376487
Interest to Start of Trust
M & T Bank Checking Account
No. 65338049
Account No. 247411235245141
Total Cash and Cash Equivalents
Stocks
PPL Electric Utilties
Total Stocks
Miscellaneous
Unclaimed Property Claim
Proceeds of sale of 324 shares
of Wachovia Bank, N.A. stock
and uncollected dividends of
$2,792.88 which were escheated
Inventory Value
10/25/2004
3.000.00
5.36
3,000.00
3.99
3,000.00
3.10
1,987.55
0.80
7,679.27
1,000.00
6.03
$
Inventory Value
10/25/2004
8,809.79
Inventory Value
10125/2004
19,686.10
8,809.79
17,278.37
Page 1 (2)
Receipts of Principal (Continued)
Miscellaneous
to the Commonwealth of Penna.
Total Miscellaneous
Total INVENTORY
RECEIPTS SUBSEQUENT TO INVENTORY
11/01/2004
M & T Bank Trust Bank Acct
No. 9836557281
Total RECEIPTS SUBSEQUENT TO INVENTORY
Total Receipts of Principal
Inventory Value
10/25/2004
$ 17,278.37
$ 45,774.26
0.00
0.00
$ 45,774.26
Page 2 (3)
Trust U/W Erwin C. Opperman
Gains and Losses on Sales or Other Dispositions of Principal
Net Gain
11/01/2004 Redemption
3,000 Par
H & T Bank CD 31003914346445
Net Proceeds $
Carried at
3,005.36
3,005.36
11/01/2004 Redemption
3, 000 Par
H & T Bank CD 31003914375976
Net Proceeds $
Carried at
3,003.99
3,003.99
11/01/2004 Redemption
3,000 Par
H & T Bank CD 31003914376396
Net Proceeds $
Carried at
3,003.10
3,003.10
11/01/2004 Redemption
1.987.55 Par
M & T Bank CD 31003914376487
Net Proceeds $
Carried at
1,988.35
1,988.35
11/01/2004 Redemption
Pass Thru Account
ReQemption ot inEerest on
Wachovia Bank CD
Net Proceeds $
Carried at
0.43
0.43
11/01/2004 Redemption
1,000 Par
Wachovia Bank CD
Account No. 247411235245141
Net Proceeds
Carried at
1,000.00
1,000.00
11/10/2004 Sale
300 Shares
PPL Electric Utilties
Net Proceeds $
Inventoried at
15,821.70
8,809.79
7,011.91
Net Loss
Page 1 (4)
Gains and Losses on Sales or Other Dispositions of Principal (Continued)
Net Gain Net Loss
12/03D004 Colle~ion
Unclaimed Property Claim
Proceeds of sale of 324 shares
of Wachovia Bank, N.A. stock
and uncollected dividends of
$2,792.88 which were escheated
to the Commonwealth of Penna.
Net Proceeds $
Carried at
17,278.37
17,278.37
Total Gains and Losses
Net Gain
$ 7,011.91
$ 7,011.91
$ 0.00
Page 2 (5)
Trust U/W Erwin C. Opperman
Disbursements of Pnncipal
Date Paid
10/29/2004
Administration Expenses
Wachovia Bank
Penalty for early
withdrawal
Total Wachovia Bank
Total Administration Expenses
Total Disbursements of Principal
Amount Paid
$ 5.60
$ 5.60
$ 5.60
$ s.60
Page 1 (6)
Trust U/W Erwin C. Opperman
Principal Balance On Hand
Valued as of December 06, 2004
Fair Market Value
12/06/2004
Inventory Value
Cash and Cash Equivalents
M & T Bank Trust Bank Acct
No. 9836557281
$ 52.780.57 $ 52,780.57
$ 52,780.57 $ 52,780.57
$ 52,780.57 $ 52,780.57
Total Cash and Cash Equivalents
Total Balance on Hand
Page 1 (7)
Trust U/W Erwin C. Opperman
Information Schedules - Principal
New Investments
M & T Bank CD 31003914346445
11/01/2004
M & T Bank CD 31003914375976
11/01/2004
M & T Bank CD 31003914376396
11/01/2004
M & T Bank CD 31003914376487
11/01/2004
Total New Investments
Exchanges and Stock Distributions
M & T Bank CD 31003914346445
10/25/2004 3,000 Par
11/01/2004
11/01/2004 (3,000) Par
M & T Bank CD 31003914375976
10/25/2004 3,000 Par
11/01/2004
11/01/2004 (3,000) Par
M & T Bank CD 31003914376396
10/25/2004 3,000 Par
11/01/2004
11/01/2004 (3,000) Par
Purchased via Reinvestment
Purchased via Reinvestment
Purchased via Reinvestment
Purchased via Reinvestment
Received
Income Reinvestment
Redeemed
Received
Income Reinvestment
Redeemed
Received
Income Reinvestment
Redeemed
In~egtory
value
$ 5.36
$ 3.99
$ 3.10
$ 0.80
'13.25
Inventory
Value
3,000.00
5.36
(3,005.36)
$ 3,000.00
3.99
(3,003.99)
$ 3,000.00
3.10
(3,003. I 0)
Page 1 (8)
Information Schedules - Principal (Continued)
Exchanges and Stock Distributions
M & T Bank CD 31003914376487
10/25/2004 1,987.55 Par
11/01/2004
11/01/2004 (1,987.55) Par
PPL Electric Utilties
10/25/2004 300 Shs.
11/10/2004 (300) Shs.
Umclaimed ProDertv Claim
Proceeds of sale of 324 shares
of Wachovia Bank, N.A. stock and
uncollected dividends of
$2,792.88 which were escheated
to the Commonwealth of Penna.
10/25/2004
12/03/2004
Wachovia Bank CD
Account No. 247411235245141
10/25/2004 1,000 Par
11/01/2004 (1,000) Par
Received
Income Reinvestment
Redeemed
Starting Balance
Sold
Received
Collected
Received
Redeemed
Inventory
Value
$ 1,987.55
0.80
(1,988.35)
$ 8,809.79
(8,809.79)
$ 17,278.37
(17,278.37)
$ 1,000.00
(1,000.00
Page 2 (9)
Trust U/W Erwin C. Opperman
Unpaid Principal Expenses
Administration Expenses
Bridget M. Whitley
Trustee commission and
attorney fees and
disbursements (including
reserve for tax return
preparation)
Total Bridget M. Whitley
Total Administration Expenses
Total Unpaid Expenses
$ 6,000.01
$ 6~000.01
$ 6,000.01
$ 6,000.01
Page 1 (10)
Trust U/W Erwin C. Opperman
Receipts of lncome
Income Collected
M & T Bank CD 31003914346445
11/01/2004 Interest on 3,000 Par
Less accrued portion
11/01/2004 Interest on 3,000 Par
M & T Bank CD 31003914375976
11/01/2004 Interest on 3,000 Par
Less accrued portion
11/01/2004 Interest on 3,000 Par
M & T Bank CD 31003914376396
11/01/2004 Interest on 3,000 Par
Less accrued portion
11/01/2004 Interest on 3,000 Par
M & T Bank CD 31003914376487
1]/01/2004 interest on 1,987.55 Par
Less accrued portion
11/01/2004 Interest on 1,987.55 Par
Wachovia Bank CD
Account No. 247411235245141
10/29/2004 Interest on 1,000 Par
Less accrued portion
Total Income Received
$ 5.36
(5.36)
1.42
$ 3.99
(3.99)
1.06
$ 3.10
(3.i0)
i.3i
$ 0.80
(0.80)
13.28
$ 6.03
(6.03)
$ 1.42
1.06
1.31
13.28
0.00
17.07
Page 1 (11)
Trust U/W Erwin C. Opperman
Income Balance On Hand
Valued as of December 06, 2004
Fair Market Value
12/06/2004
Cash and Cash Equivalents
M & T Bank Trust Bank Acct
No. 9836557281
Inventory Value
Total Cash and Cash Equivalents
Total Balance on Hand
$ 17.07 $ 17.07
$ t7.07 $ 17.07
$ 17.07 $ 17.07
Page 1 (12)
PROPOSED SCHEDULE OF DISTRIBUTION
Cash on hand for distribution
To: Keefer Wood Allen & Rahal
For services of Bridget M Whitley as trustee and attorney
To: Camp Hill Presbyterian Church
One-third of remainder
To: Market Square Presbyterian Church
One-third of remainder
To: St. Michael's Evangelical Lutheran Church
One-third of remainder
Total
$52,797.64
6,000.01
15,599.21
15,599.21
15,599.21
$52,797.64
EXHIBIT C