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HomeMy WebLinkAbout03-06-13t F:\FILES\Clients\8238 1st Presbyterian Church\8238.3.petl.wpd No V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquire ... I.D. No. 203046 ~ ~ ~ ao ~' m MARTSON DEARDORFF WILLIAMS ~- OTTO GILROY & FALLER ~ ~ ~ ~ MARTSON LAW OFFICES ~ rn ~ ~ ~ ~ '~"' ~° 10 East High Street ~ ~'; c~ ~ ~Nr Carlisle, PA 17013 " e~ '~ '~' (717) 243-3341 °~' ~' --~ °~° ~ IN RE: TRUSTS OF THE FIRST ~-; IN THE COURT OF COM1VlN PLEA~OF ~ ,~ PRESBYTERIAN CHURCH OF :CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE, PENNSYLVNIA, a :ORPHANS' COURT DIVISION Pennsylvania nonprofit corporation N0.2013- (~ oZ...~~ PETITION TO APPROVE RESIGNATION OF TRUSTEE AND APPOINTMENT OF A SUCCESSOR TRUSTEE AND NOW, comes The First Presbyterian Church of Carlisle, Pennsylvania, by and through its attorneys, Martson Law Offices, and files this Petition to Approve Resignation of Trustee and Appointment of a Successor Trustee as follows: 1. The Petitioner is The First Presbyterian Church of Carlisle, Pennsylvania ("Petitioner"), a nonprofit corporation organized under the laws of the Commonwealth of Pennsylvania, with a principal address at 2 North Hanover Street, Carlisle, Pennsylvania. 2. As evidenced in various trust agreements, Manufacturers and Traders Trust Company ("M&T Bank") holds several third party trusts for the benefit of Petitioner. True and correct copies of the trust agreements are attached hereto and incorporated herein as Exhibit "A." 3. The trust agreements require that the trustee invest the funds and pay the income to Petitioner. 4. Petitioner has also contracted with M&T Bank to administer funds of the Petitioner. 5. The third party trusts referenced in Paragraph 2 are referred to herein as the "Trust." 6. Petitioner is the sole beneficiary of the Trust. 7. The Trust currently consists of approximately $78,000.00. 8. Pursuant to 20 P.S. §7765(a), a trustee may resign with court approval. 9. M&T Bank seeks to resign as trustee of the Trust. A true and correct Joinder executed by M&T Bank is attached hereto and incorporated herein as Exhibit "B." 10. Petitioner seeks to substitute F&M Trust Company as trustee of the Trust. 11. F&M Trust Company has agreed to serve as trustee of the Trust. A true and correct Joinder executed by F&M Trust Company is attached hereto and incorporated herein as Exhibit "C." 12. This Court has jurisdiction over this matter pursuant to Section 7712 of the Pennsylvania Uniform Trust Act, 20 Pa. C.S.A. §7712. 13 . The situs of the Trust is Cumberland County, Pennsylvania, pursuant to Section 7714 of the Pennsylvania Uniform Trust Act, 20 Pa. C.S.A. §7714. 14. Venue is in this Court pursuant to Section 7714 of the Pennsylvania Uniform Trust Act, 20 Pa. C.S.A. §7714. 15. The administration of the Trust will not be adversely affected by M&T Bank's resignation as trustee, inasmuch as the vacancy caused by the resignation will be filled by F&M Trust Company. 16. Petitioner is a charitable organization. 17. Because the beneficiary of the Trust is a charitable entity, notice to the Pennsylvania Office of Attorney General has been provided. 18. The Office of Attorney General has reviewed this Petition, along with the First and Final Account of M&T Bank pursuant to its parens patriae function and has expressed no objection. A true and correct copy of correspondence from the Office of Attorney General is attached hereto and incorporated herein as Exhibit "D." 19. The only interested parties are Petitioner, M&T Bank, F&M Trust Company, and the Office of Attorney General. 20. Each of the interested parties has consented to the relief requested herein. WHEREFORE, Petitioner, The First Presbyterian Church of Carlisle, Pennsylvania, respectfully requests that this Court approve the resignation of Manufacturers and Traders Trust Company and appoint F&M Trust Company as trustee of the Trust set forth herein, and upon transfer of the corpus of the Trust from F&M Trust Company to Manufacturers and Traders Trust Company, discharge Manufacturers and Traders Trust Company from all liabilities, actions, suits, payments, accounts, reckonings, claims and demands in connection with the Trust. MARTSON LAW OFFICES B . ~' ~~~~ Y No V. Otto III, Esquire 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 Attorneys for First Presbyterian Church of Carlisle, Pennsylvania .. , . I • i i ' i w ;~ ~. . - , ~ I f ;. . it; ~300~~35 o i ~ `,. ''~ THE H'ARb![~3 TRUST: COMPANY,. Oarlisle, ~ genna. , hereby acknowledges to have received from the Trustees of the FIRST PRE:BYTk;Ri~.' ~ '"~tCH, ;Carlisle, Penna. ,; the rum of ~. SEVEN THOUSAND •DOI,I,..itS {~7,000.00j representing bequests to said Church, contained in the wills of the following . decedents, visa- Charles L. ' I,amberton ~6,000~.00 Margaret R. Sawyer 1,700.00 .~ Chrietlana . Inhoff ~, 300.00 • • •roTaz' •'• X7,000.00 This fund is to be invested by the said Trust Company in legal investments for Trust Funds in Pennsylvania and the in- come reoultin~ tY,erefrom, less b~ aommiasion thexecn, is to be~ paid semi-annu~.lly to the Treasurer oY the Eoard of Trustees of the said Churobt The said FAP,l.;1;~tS T12US'1' OOSfPANY doeu hereby con3tituts an+i appoint to be its attorney for it and;!•- its nears .and ae end for it=~ corporate r;ot d~nd dyed to acknowledge the above before any person having authority by the laws of the Commonwealth of `Pennsylvania to tyke ouch eoY.nowledgrrent, to the iptent that the sane may bo duly recorded. IDf WITNESS WHER~'OF, the ea.id F:IR~E?~s TRUSS CQMI'aNY has hereunto eat its hsrid and corporate soal this 1•?th dey of March A. D. 1923. ~ ~ ~ ' • ~ gAR~dLR S TRUST GOlil?a1QY ~: By I ATTEST: .. es en t' • Secretary. ~ •• State of Pennsylvania) S8. Cou~ity of Cwaberland ) •' x hereby certify that on this lEth day of March A..D. 1925, before me the subscriber a Rotary Pnblic.in and for said County and State personally appeared the said the attorney .named above, and by virtue and iti pursuance of t~he81 therein conferred on him acknowledged the foregoing to be the sot of the said FARME?~S TRUST CO}~1'ANY. Yri~ess ray hand and notarial seal the day and year afore- oaid. G' • ~ •. ' Y ~., .~ J ~~ ~. ~~ `• { ~i 'r r- ~~ ~ ~ - _ . . :~~~~~ >;- n~ '~~~t~es ~-~' ~~~ ~~,~at B?c~~by~e~i~a~.•~#h~c,;, ~a~~.2~~1~,, ~"a« -;~ ~:~~~~~ rat~l:~led ;h~-d ~-~nfrmed by' the ~wx~~~gat~.rz~• at a sp~.t~~a1 `z~~et~t ~e:~.• ~s~ac ~~ha'~ ~ur~a~~~ .fin 17+eas~tt~~tx 2~th« ~.~~, ~iZ#~. mm~-:t ~~ ~~ x~~c;~am~u~~Ya . n~. Q~~~ that the aat ~ pit ~~ +~. p ~ Y~~~'~ ~" `~~E pu,~p'ba~'e ~``~~ ~-~«"`.`~~ a~ ~aa~ah~~~c pro~~ea~ty'."at . 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Yar~~e ~Q~mpsan and. hsr~b~ av~~t~rf Zed and awpc~~rerads. to s~ce~~'Ge the ,n•ece~n~,r~' pspers to ~v9.thdxaw sa.~d. gust F~d$ from the dep.©sitar~:es u8 Cx ~'~; ,,;, A.t~K~Ft'~;',T141~ ~?~ R~~r~ (?~ 2RU~T ~ .. ' ~~ vlrtu~ 'off' t~,s sbq~!~ . r~~~:ted Authax~-ty 'tee da hsx'eby a,c~k~vv~~:~edg to hsv ~s~~i~~~~ ~m t~.e Farmers Trust Ca~rany : Carlisle, Penna. S~,r~ 3. Craighead, Parspn.xa.~e Fund ~50.0.4~ . . '~ ~~ a~d3 :tee t~~a he~#b~. ~e~;~a~e ~~~sn~~?~~ 3a:~~ ~: z~~th 9~nta~eet .c~us~'ther~:~n t~? 9 ~ '$i,3,~d' ~8ti ~.'L3;it2~l~, ~`T,4Ti1;' S ~1~~ '~~~:y'p~A~~Z ~~~~x G11'1 77$h8,~.r~,-'~~.#:~~~ ~. 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TRUST AGREEMENT ~ ~~a~~ THIS TRUST AGREEMENT, made theme day of , ~~ A.D., 1978, by and between WALTER L. BISHOP, of Carlis]a, Cumberland County, Fennsylvania, hereinafter called, the "GP.ANTOR", and THE FIRST PRESBYTERIAN CHURCH, of Carlisle, Cumberland County, Pznnsyl- vania, hereinafter called !'TRUSTEE": W I T N E S S E T H: . ~WHEREAS,~ the Grantor desires to create a trust for the purposes hereinafter set forth, • NOW, THEREFORE, in consideration of the premises and of the t covenants herein contained, the said Grantor has irrevocably i granted, transferred and set over, and by•these presents does i irrevocably grant, transfer and set over unto the First Presbyterian Church, its successors and assigns, the sum of fifteen thousand r dollars ($15,000.00, and any additional funds or assets which .~ ~ from time to time he;' may wish to deposit with Trustee, the receipt i whereof is hereby acknowledged by the said Trustee,' To Have and to Hold unto the said First Presbyterian Church, ~ • its•successors and assigns,~in Trust, nevertheless, upon and for the following uses and purposes: FIRS'L to invest and reinvest the same; to receive and collect i the income therefrom and to.pay the net income therefrom as follows: j a. $50.00 a year to the Flower Committee of said church. ~. b. $50.00 a year to the Home Department of said church. -- ~ c. $50.00' a year to the Deacons of said church. s d. And the balance of the income therefrom or all or any part I. thereof, if the above parties or some of them become non-existent, to the trustees of said church for the general repair and upkeep of f ~~ said church. . _,,- ', I . . , ~ • ~, w ~ i ~. ' ~ ~ i SECOND. This trust is in memory of Mary T.Bishop and shall be known as the Walter L. and Mary T. Bishop Memorial Fund.% • THIRD. This Agreement shall be construed and administered in accordance with the laws of the State of Pennsylvania. ~ ' i . IN WITNESS WHEREOF, the said Grantor has hereunto set his hand and seal the day and yeai first above written, and THE FIRST ; PRESBYTERIAN CHURCH, Trustee, as evidence of its acceptance of the ~. Trust hereby created, has caused these presents to be signed in its corporate name by its President, and its corporate seal to be hereto •. affixed, duly attested by its Secretary. WITNES .. -- / ,~ ~ ~ (SEAL} •c 4iatter L. Bis op ' . i . ~ ;. THE FIRST RtESBYTERIAN CHURCH j ATTEST : ~ ~ . Secre ry Presiders s . , r . • . ' ~ ~. ' . . • _2_ . -••---- .._ ._...~. __ ._-_. _. _.__ __... ._ r... .. ... ._ .~ `, ` ~ June 18, 1984 Joseph Thompson 53b Highland Avenue Carlisle, PA 17013 Gentlemen: Richard Prosser 1911 Fry Loop Avenue Carlisle, PA 17013 Enclosed are copies of the legal documents and portfolios for each of the trusts we hold for First Presbyterian Church. We would suggest that trusts 25001102018, 250032?4013, 23002836015 and possibly 23002833012 be const~lidated into 23002835017. At that time a new trust instrument should be drawn. Account 23002836015 was held as a sub-account to the Memorial account. Mr. Ring kept "excess" money in this account. A schedule of income distribution dates from each account follows: 25001102Qhi3-•~ Semi-Annual checks June 30 and December 31 23002833012 No Checks generated 23002834119 Qnarterly~checks March 31, June 30, September 30 and December 31 23002835017 Semi--Annual checks Juae 30 and December 31 2300283b015 No Checks generated 25003274013 Semi-Annual checks June 30 and December 31 Please review these documents and then give me a call so that we can discuss them at your convenience. Very truly yours, Jane F. Burke Vice President `, and Trust Officer ~ Enclosures ,1 • '~ ' j AGREEMENT OF TRUST • - i BETT:VEEN TllE F'IRa'P PRESBYT;~RIAN CHURCH ' ' Ii~! T1iE BORvUGIi Gr' CARLTSLF, CUt~,BERLAcJD COUN'PY, YENN~YLVAIdtA AND FAR~.rRS TRUST Citnl'A1JY ` . '~lhereas, The First Pr~byterian Church in the Borough . ' of Carlisle, Cumh~:•].and County, Pennsylvania, herein referred ~ f 1 to as the Church, is the rernaindc:r beneficiary of a ~ ' t • testamentary trust under the Last '~yill and Testament of ~. . CLARA M. F:~A~'ii i . ' And Whereas the surviving life tenant, Gertrude E. ~ ;~lalhey, died January 1?, 197o the principal of the trust is payable by the Trustee, National Central Bank, Harrisburg, ~ . I Pennsylvania to the Church , i And '•'hereas, it is the desire of L•he Trustees of the Church that the assets be placed in further trust with the i . Farmers Trust Company, until such dime as the Church carries i` ~ out the terms of the bequest as stated in the will of Clara I ~ ~{ H. frank as filed in the Court douse at Carlisle, Cumberland ' . i County, Pennsylvania. f ; Now Therefore, it is hereby agreed between the Trustees i ~ of Tl~e rirst Presbyterian Churctr and Farmers Trust Company, ; ' herein referred to as the Trustee as follows: • 1. The Trustee is expressly authorized and urnpoware~, though not required, to retain any and all securities and prop- • i ~ erty transferred to.it hereunder or hereafter received by it and ~~ i i with full power and authority to ch ange investments and to in- ~ . vest and reinvest the principal in such securities and properties as it in its discretion may determine and whither or not the same ' be authorized by law for the investrr,ent of trust funds. 2. It is understood and agreed that aiiy securities held ir: this account trhich arc; registered securities may, at . the option o.f tPre Trustee, be registzred in the name of its nom- inee, Harmony Co., and this shall b~ eufficic:nt authorization i ' .for its so registerinb any acid all such securities. •' ti ' ~ i • I i i I i i f i i I i I 3. The compensation of t'rie Trustee shall be at the rate of one-half of one per cent per annum, coml~uted on the mar- ket value of the securities or other property held in the principal account, as of June: 1 , of each yeGr, and such com- pens~tion shall be charged to irc~me. There ~r~ll be no further ch2rge at the termination of the Trust. tr. Income received from investme-zts shall be accumulated and reinvested by the trustee unless otherwise directed in writing by the Church. An annual statement of the account will be furnished as of July 1 of each year. /~ 5. 'Phe Church hereby expressly reserves and retains / the right, on ninety days ti;~ritten notice to the Trustee, to withdraw any or all property subject to the Trust hereby created in order to comply Vrith the terms of the .Jill of Clara Irl. Frank. The trustee shall not in any way be liable for the failure of the Church to comply with such terms. Nor shall the Trustee have any responsibility to determine ho<< funds withdrawn from the trust are spent, invested or other~yise utilized. IN ~~:ITIJ~SS 'r1H]~~EOF, the parties hereto have caused this Abreement to be duly executed at Carlisle, i'a. , this ~ ~~ Day o.f August, 19'11. '~'ITP1~5S i ecretary, 'first res yterian resi ent o Qar o rustees Church, Carlisle, Penna. First P~•esbytarian Ghurch • .; ~ATT~ST ~b~~ • Secretary i ,. 1 • i i • '. ~. • i i ,~ .. e ,- i •' I i i I~ i I, Clara M. Frank, of the Borough of Carlisle, County oY Cumberland and State of Pennsylvania, do make and publish this as - my last will and testament, hereby revoking all wills by me at any time heretofore madeo . 1• I direot my executor and executrix hereinafter named to pay all my ~u•st debts and funeral expenses as soon as aonvsnient after my dsaea99o 2. I give and bequeath unto my slaughter, Gertrude E. Walhey, ouch of my dinner plates and ohina as match her set o! ohinaf also • ~ sewing maohine~ also one water-color pioture of her own selection. 3o I give and bequeath the sae of my waxnut sewing table unto ~ daughter, Cyrille 3. Frank, during her natural life, and upon her daaease I bequeath the same absolutely to my daughter, Gertrude, if she survives my daughter, Cyrilleo If not surviving, then epos the deaesae of my daughter, Gertrude, the same shall become absolutely the property of my daughter, Cyrilla. . 4o I direct my executor and executrix hereinafter Hamad to sell to the beat advantage and oonvert into sash, at either public or private sale, all my household goods and personal property, not \ otherwias3•dispoaed of herein, as well as. all any real agitate at such time as~in their 3udgpsent may seem advantageous, and to that sad I authorize and direst my said executor and executrix to makes execute and deliver a good and sufficient dead or deeds to the purchaser or purchasers of cy said real estateo bo All the proceeds of my estate of whatever aharaater and dsscriptioa and wheresoever loaated~ real or personal, including the income of my real'eatate received prior to its sale, remaining after the payment of ~ dust debts, ezpensea of administration, and the legacies above mentioned, I give and bequeath to the Co:r~swnwealth ' Treat Company, o~ Harrisburg, Pennsylvania, in trust, however, to invest the same and to pay the net inaome thereof to tsy- daughter, Cyrille 3. Dank, for and fluxing the tera- of hsr natural life. IIpon the dsaeaee of my said daughter, Cyr111e 3. Frank, the said inaome shall be paid to my daughter, Gertrude E. Walhey, for life, if she survives my said daughter, Cyrille. Upon the decease of the surviving daughter the said income shall be paid in equal shares to my eon, A. J. H, Frank, and my son-in-law, H. E. Walhey, iY livings and to the survivor of them for life. Upon the decease of the survivor of my daughters, son and son-in-laa, the principal estate from which the income is derived shall be paid to the trustees of the First Presbyterian Church of Carlisle, Pennsylvania, in treat, however, for the following . gnrpoaes . The erection, oonatruation, establishment and maintenance ~ of an historical memorial on the property of the First Presbyterian Church at the northwest corner of the Public Square in Carlisle, . Pennsylvania, of a building in ~rhiah there may be held.nieetinga devotes ' to community affairs of the Borough of Carlisle, and for all sash meetings religious, educational and civic, as may be authorised by the said trusteesz the said building to have prominently.dieplayed thereon or therein soma tablet or other designation that.the said building ie a memorial to outstanding historical events which occurred In Carlisle and especially those at or near the plane of areotion of said building, and to the prominent and outstanding aitisens of Carlisle ~tho took a loading part in the early history of our couatryo. . Or, in the discretion of the said trustees, for the following purposes The extension, enlargement or re-construction oY the present chetah building of the paid First Presbyterian Chwroh, the said o=tension~ enlargement or re-construction to have prominently displayed thereon or therein some tablet, tablets or other designation pointing out the outstanding hiatoriaal events which occurred in Carlisle and especially those at or near the place of erection of said building, and to the prominent and outstanding citizens of Carlisle ~' wbo took a Ieaclia8 part in the early history of our country, 6. Having bean dealaxed a isms sole trader by decree of the Court of Common Pleas of Cumberland County, Pennsylvania, s~ no legal claims upon my estate van be made by Theron D1. Frank, I make no bequest or devise to him• And lastly, I wake, oonetitute and appoint the Comawnwealth ' Trust ComparLy, of 8arrisburg, Pennsylvania, executor, and try daughter Cyrille S. Frank, executrix of this wy last will and testament, In witnes9 whereof I have hereunto set ~ bend and seal this 13th day of June, A. D. 1928. (signed) Clara ]'i• Frank (sash) ~ . Signed, sealed, published and declared by the above named, Clara M. Frank, ae and for her last will and teete~went in the preaenoe of us, who, at her request and in her presence, and in . the presence of each other, have affixed our names as witnesses. thereto. ~ • (Signed) C. R. Riokenbaugh • (Signed) Yelwa M. Goodyear (Signed) C. A. Shambaugh coDICIL. I, Clara M• Frank, being of sound mind, memory axid undaratanding•, hereby make this a aodioil to eLY iaet ~-ill sad testament dated the 13th day of June, A.. D• 1928, in manner as follows= , - I hereby revoke paragraph "3" of my Said will and substitute . • therefor thQ followings "3". I give and bequeath the use of alY aralnut sewing table unto ~ daughter, Cyrille S. Frank, during her natural life, and at her decease unto ani daughter, Gertrude, if she survive nLy said dau@hter ,Cyrille• At the death of the survivor of ~4Y said daughters, I give ~ ... and bequeath the said walnut sewing table unto. Virginia Lee Smith, , daughter of Captain Boyd L• Smith, now of West Point, Na~v York, ~ . absolutely". And I hereby revoke paragraph "4" of ~ said sill and substitute therefor the followings "4. I give and bequeath all a0.Y household goods and other personal estate unto my daughter, Cyrille S. Frank; and it is my desire that she sell and dispose of the said household goods within six months ~ . • after ~ decease. And I direst aQr executor and executrix in ~ said vill named to sell at either public or private sale all my real estate - at such tins as in their 3udp}nent may be most advantageous to my estate, ` and to that end I authorise, empower and direct my said executor and , executrix to make, execute avid deliver good and sufficient deed or deeds to the puxQhaeer or purchasers of my said real estate." In all other rQapaota I affiraa my said will•to be my last will and testament. In Testimoz~t whereof I have hereunto eet r~ hand and aoai this 11th day of February, A. D• 1829. tgigned) Clara M. Frank (SEAL).. . Signed, sealed, published and declared by the above named testatrix, Clara M• Frank, ae and for her last will and testament in the presence of us, eho, at her request and in her presence, and in the presence of each other have affixed our names ae witnesses thereto. • (Si@~ned) H. Baird Stuart, M, D. • (Signed) Hays R. ?dcI,aughiin• .. gun u [ un:!>< .... ~.:.r.l; , ~~.~ i ., N tN/7rJ • • lirl 1~ , ' ~ i r . ' ~tts.t mill ttn~ (~PS.tttrrcent ! I, i ' ( i r 1 r . , i ~ l ~ , r I I ~ _ ~ 1 i ~ ~f I, ANNA E. BROWN, of Carlisle, Cumberland County, Pennsylvania, declare this to be my Last Will and Testament and revoke all wills which I have previously made except as hereinafter directed. FIRST - I direct that paragraph Fourth of my will dated June 1959 ehal __ remain in full force and effect until 30 days after the date of this present Wi11, it being my intention that the gifts to the First Presbyterian Church and to the Carlisl Hospital shall not be voided. After 30 days from the date of this present Will, the gifts to these. charitable aad religious organizations as set forth in this Will shall be effective and the gifts set forth in the said former Will shall be revoked. SECOND - I direct that all of my debts, funeral and administrative ~~ expenses shall be paid as soon as convenient after rny~death by my executor, and , also that all estate, inheritance, transfer and succession taxes shall be paid from n residuary estate. THIRD - I authorize my executor to sell any of my prop4rty, real and personal, of which I may die seised at either public or private sale or sales and for such price or prices as said executor may deem reasonable. '•However, I direct Yny said executor not to sell my jewelry at public sale nor to any local jeweler, but to sell the same, if necessary, to an out of town jeweler. FOURTH - I give and bequeath to Farmers Trust Company, is trust, the following sums upon the following terms and conditions: ' A. Fivo Thousand Dollars ($S, 000.00) to pay the net income there- from semi-annually to my first cousin, J. Raymond Wetzel of Carlisle, Pennsylvar-; for and during the term of his natural life, and at his death the principal and any undistributod income to be held in further trust ae part of my residuary estate. B. Tea Thousand Dollars ($10, 000.00) to pay the net income there- from semi-annually to Earl Ezell of Spartanburg, South Carolina, for and during the term of his natural life, aad if he should die before his younger daughter attains tha EAL) 1' r . ~ . r r i t . • r r , 'i. f i •1 . ; ~: i ~. I~ ~. i~ ~' !• r /f ' . i ~=; , ~. . J: U....,.. r, ' ~.Irl I, ~ . . ' .. .r/II IA 1 ~~ .. . t i 1 ~.I~I.I~ ~1F11.1^ . ~ •• . age of twenty-one years to hold the same •in further trust and pay the net income therefrom semi-annually to his wife, Elizabeth Ezell, until the younger daughter attains the age of twenty-one years, or if Elizabeth Ezell shall die before the younger daughter attains the age of twenty-one years my trustee shall apply the• net income for the college education of Lynn and Kim Ezell during their minority; thereafter the principal and any u#~distributed income shall be held in further trust as part of my residuary estate. ' C. Twenty-Five Thousand Dollars ($25, 000. 00) to pay the net income therefrom semi-annually to Ruth R. Hemminger of Carlisle, Pennsylvania, for and during the term of her natural life, and at her death the principal and any uadistribute income to be held in further trust as part of my residuary estate. D. Ten Thousand Dollars ($10, 000.00) to pay the net income therefro ';annually to the First Presbyterian Church of Carlisle, Pennsylvania, to'be used for .such purposes apt the trustees of said church shall direct. E. All tl~c rest, residue anti remainder of my estate together with the I additions thereto after the expiration of the life estates established in paragraphs A, 8 and C above, to pay the net income therefrom semi-annually to• the trustees of Carlisle Hospital, Carlisle, Pennsylvania, to be used for such purpose or purposes as the trustees of said Hospital shall direct. F. The said Trusts shall be known as the "Anna E. Brown Trusts". G. In udJiliurr to lhu powc:ru pravielc:d ~y law, my Tru-tt~o shall have; aulhorily to rctuin in !tins uuc:urilira 1 nruy hnvu in my ~alttlu u~wn nay da:rth, to inv~:Kt and reinvest without restriction to investments authorized for fiduciaries in Pc:nnsyl- Iv:rniu, :rn+i l.~ srll++~~srln nlu•:k ilivlrlninln hr:lwar.n incurnc trod p,vrciptrl t-e my !'rutilr:c: I I ire its aulu riia~r~+tiau rrray rlr:unr prupur. • 1~11~'ril - 1 appoint I~:rrmaru Trust Company of Carlieslc, Pennsylvania, as Executor of this my Last Will and Testament. ~Vy~/ YV~r~,~ l ~! ~ ~Il ~lL•.1•VCi~~~~l`~' l:. t'. 1.' 1 . ~, ~'r ;, R E L E A S E WHEREAS, Gertrude £. Walhey, the surviving life tenant of•the trust established under the Last Will and Testament „f Clara M. Frank, died on January 17, 1970, WHEREAS, the principal of trust is now payable to the Trustees of the First Presbyterian Church of Carlisle, Pennsylvania, WHEREAS, on November 24, 1970, the Orphans' Court of Cumberland County, Pennsylvania confirmed the Trustees' First and Final Account and distribution was decreed in accordance with the Proposed Schedule of Distribution, NOW KNOW ALL MEN BY THES£ PRESENTS, that the Trustees of the First Presbyterian .Church of Carlisle, Pennsylvania, by its President, Richard H. Line, Carlisle, Pennsylvania, does hereby acknowledge that it has this day had and received of and from National Central Bank (Successor to Capital Bank & Trust Company), Harrisburg, Pennsylvania, Trustee of Clara M. Frank Trust Under Will, the sum of Twenty-seven Thousand Four Hundred Ninety-one Dollars and twenty-five cents ($27,491.25) consisting of cash in the amount of $10,443.36 and securities having a cost basis of $17,047.89, in full payment and satisfaction of the balance of said trust; and THEREFORE, the Trustees of the First Presbyterian Church of Carlisle, Pennsylvania, by its President, Richard H. Line, Carlisle, Penns~tlvania, does by these presents, remise, release, quitclaim and forever discharge the said National Central Bank, its successors and assigns, of and from said balance and of and from all actions, suits, payments, accounts, claims and demands, in law or in equity whatsoever. The said•Trustees of the First Presbyterian Church of Carlisle, Pennsylvania, does hereby nominate, constitute and appoint Richard H. Line, President, to be its Attorney, for it and in its name, and as and for its act and deed to acknowledge this release before any person having authority by the Laws of the Commonwealth of Pennsylvania to take such acknowledg- ment to the intent that the same may be recorded. IN WITNESS WHEREOF, the said Trustees of the First Presby- terian Church of Carlisle, Pennsylvania, has caused this release to be signed by its President attested by it S~e}c~r~e~tary, and its seal to be hereunto affixed this~_day of_~~~~,-, A.D., 1971. Trustee of the First Presbyterian Church of Car 'sle, Pennsylvan is ~/ - ~~ B ice! ~~~ i!7F J~~ ( Seal ) ~~ ~a~ retary ~~ #~ . char H. Line,~President ~~.. ,•., .:,~ • ,;~ The Farmers Trust Company, Carlisle, Pennsylvania, hereby acknawl-. edges to have received from the Trustees of the First Presbyterian Church of Carlisle, Pennsylvania., the sum of Seven I~undred Dollars 0704.00.), represent;i.ng legacy from the Estate of ~i111.am C, Loudon, Deceased. This amount to be held. by the said Farmers Trust ~Gornpany under the same conditions as provided in the original trust agreement with the Trustees of the ~'~.rst Fresbx,~ter~_an Church dated the twelfth day' of ?arch, 1~3~3e Farmers Trust Company By Attests President Secretary i~ay 1, 1912 The Farmers '~xust Coreany, Carlisle, Fennsylvem~.s• .hereby acknov:led~;es to Y~svs received from tfie Trustees of the First presb~-ter~.a~n Chu~Ch of Carlisle, Pennsylvania. the sum oP ~ro 1~.ndred and Thirty Dollars (~2~©.U{~~ re~resentin~ legacy from the .state oP Laura ~p Alaxander: ueceasod. Thi, s amount t o be hEla Uy the said Trust Company under the same cor_ditions as provide 1n original trust a~re~nent Q~ith -the Trustees of the First Fre$byter~.an Churoh dated the twelfth day of P,~arch' 183« Farmers Trust Company i3y President Attest SBCrat 8r~y February ~.~, 1~3~~1 C ~~ ~~ -~.~ ., the Harmers Trust Company, Carlisle, Pennsylvania, hereby ac:~.~~ouledgee to have received from the Trastoea of the F'irat Presbyterian Church, Carl isle, potiaeylvania, the sam of Hive 2iundred ({500.00) Dollura, represent ing be~ueat conts:ned in Lhe 17111 of Sarah Jana Crai.~head, deeeaac3d. This fund is to be invested by the said Fareaera Trust Company in legal investments for trust ~'rmds in Pennaylv~:nia, and the income resulting there- from, less five per csnt. commission thereon, ie to be paid aecai-aau~uu.lly to the Txeaeurer of the Hoard of Trustees of the said ahurah. The said Hermema Trust Coaagagq does hereby constitute and appoint Ii. E. Shea.:fer to be its attorne~r for it, and in its same and ae anti for its corporate act and deed to ao:usowledge the above beYore aqq person having •uu~thority by the I,~ve of the Commonwealth oP Pennaylve~nia to make •enah eekttosrledgnaeat to the intent that she same may be duly reworded. In witness ~vheraof the said Farmers Trust Coaapany has hereunto set its hand an,i corporate seal this thirtietb day of April, A. D., 1987. Farmers Tract Companay By Presi nt AttCat Secretary StatQ of Pennsylvanian : ss co•.uxty of Cumberland : I hereby certify th~;t on this thirtieth day of April, 1927, beforB me the subscriber, a notary public in and for said Oounty and State, personally appeared the said S. E. 3heaffer,the attorney named above, am by virtue and i4 purauanae of authority thereon conferred on him, acino~vledgee the foregoineg to be the and and deed of the said Farmers Trust Compm~y. ~itneae my hand ea~d notar~~ seal the day and year aforesaid. EXHIBIT "B" IN RE: TRUSTS OF THE FIRST : IN THE COURT OF COMMON PLEAS OF PRESBYTERIAN CHURCH OF :CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE, PENNSYLVNIA, a :ORPHANS' COURT DIVISION Pennsylvania nonprofit corporation N0.2012 - JOINDER I, James A. Smiley, Assistant Vice President of Manufacturers and Traders Trust Company, the trustee of a trust created for the benefit of The First Presbyterian Church of Carlisle, Pennsylvania, hereby confirm Manufacturers and Traders Trust Company's request to resign as trustee and waive any objection to the relief sought in the Petition to Approve Resignation of Trustee and Appointment of a Successor Trustee, and fi~rther acknowledge that Manufacturers and Traders Trust Company joins in the request for relief set forth therein. By: James A. Smiley, Assistan ice President COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF CUMBERLAND On this, the ~~~ day of __, before me, the undersigned officer, personally appeazed ~U~~s ~ ~ ~ ~-~-~.w ~o~ to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my h and offici se . (SEAL) Notary Public CpMMONWEAITH OF PENNSYLVANIA Noterlel Seel Kathy 7. l.aughman. Notary Public Carlisle 80% Cumb~iand CourKy My Canmiss~t ExP~ July 26, 2016 MEMBER, pENNSYWANIA ASSOCIATION OF NOTARIES IN RE: TRUSTS OF THE FIRST IN THE COURT OF COMMON PLEAS OF PRESBYTERIAN CHURCH OF :CUMBERLAND COUNTY, PENNSYLVANIA CARLISLE, PENNSYLVNIA, a :ORPHANS' COURT DIVISION Pennsylvania nonprofit corporation NO. 2012 - JOINDER I, David C. Gority, Vice President of F&M Trust Company, the proposed successor trustee of a trust created for the benefit of The First Presbyterian Church of Carlisle, Pennsylvania, hereby confirm F&M Trust Company's request to serve as trustee and waive any objection to the relief sought in the Petition to Approve Resignation of Trustee and Appointment of a Successor Trustee, and further acknowledge that F&M Trust Company joins in the request for relief set forth therein. U COUNTY OF On this, the day of personally appeared ~a~ C~ By: ~,'~d C David C. Gority, ice .resident ): ss. before me, the undersigned officer, known to me (or satisfactorily proven) to be the perm whose name is subscribed to the within instrument, and acknowledged that he/she/they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ ~ SEAL ( ) N t Public ~MONWEgLTf{ pF PENNSYLVANIA No~rial5eal publk Mary M• Prica- Notary CarNsk Born, CumberlAnd•C g p15 MEMBER, pENNmtA ASSOQA'1~N N ~ _ COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL KATHLEEN G. KANE ATTORNEY GENERAL February 21, 2013 Charitable Trusts and Organizations Section 14th Fk., Strawberry Sq. Harrisburg, PA 17120 Phone: (717) 787-1317 Facsimile: (717) 787-1190 Seth T. Mosebey, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER 10 East High Street Carlisle, PA 17013 Re: 1~ Presbyterian Church of Carlisle/ CTO 12-20-001015; Cumberland County Dear Mr. Mosebey: This will acknowledge receipt of your notice under Supreme Court Orphans' Court Rule 5.5 regarding the above-captioned matter. I have reviewed the Petition for Trustee to Resign and the First and Final Account of M&T Bank N.A., as Trustee for the TUA for 1'~ Presbyterian Church of Carlisle and have no objections. At your earliest convenience, kindly provide me with a copy of the decree. Please be advised that the above review was made pursuant to the patens patriae function of this office and has no bearing on any matter unrelated thereto. Be further advised that this no objection is based on the information submitted to the Office of Attorney General and therefore is conditioned upon its accuracy submissions or omissions. Very truly yours, ohn L. Downing Deputy Attorney General JLD/srh VERIFICATION I, John D. Augustine, co-chair of of The First Presbyterian Church of Carlisle, Pennsylvania, acknowledge I have the authority to execute this Verification on behalf of The First Presbyterian Church of Carlisle, Pennsylvania, and certify the foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the Petition. The language of this Petition is that of counsel and not my own. I have read the document and to the extent the Petition is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. 'I'o the extent the content of the Petition is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. The First Presbyterian Church of Carlisle, Pennsylvania By: Dated: 3/~f/j(3 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 Petition to Approve Resignation of Trustee and Appointment of a Successor Trustee was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John L. Downing, Esquire Deputy Attorney General Commonwealth of Pennsylvania Charitable Trusts and Organizations Section 14`h Floor, Strawberry Square Harrisburg, PA 17120 James A. Smiley, Assistant Vice President Manufacturers and Traders Trust Company One West High Street Carlisle, PA 17013 MARTSON LAW OFFICES B %' l , ,,,~~c-~ Y Ma rice Ten Eas High Street Carlisle, PA 17013 (717) 243-3341 Dated: 3/6//3