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HomeMy WebLinkAbout12-04-13 ESTATE OF ELIZABETH H. VANDERGRIFT : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION CRAIG L. VANDERGRIFT, Executor NO. 2013-00750 PETITION TO SUBSTITUTE TRUSTEE OF TESTAMENTARY TRUST AND NOW comes Petitioner, Craig L. Vandergrift, by and through his attorney, Jacqueline A. Kelly, of the law office of Jan L. Brown and Associates, and files this Petition to Substitute Trustee of Testamentary Trust and in support hereof avers as follows: 1. Petitioner, Craig L. Vandergrift, has been duly appointed as Executor of the Estate of Elizabeth H. Vandergrift, who died July 2, 2013. 2. The Last Will and Testament of Elizabeth H. Vandergrift dated June 20, 2013 was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2013-00750. 3. Under the Last Will and Testament of Elizabeth H. Vandergrift, Craig L. Vandergrift, Debra G. Graham, and Susan L. Mease are named as beneficiaries of the residuary estate. 4. Under Article V of the Last Will and Testament of Elizabeth H. Vandergrift, Debra G. Graham is entitled to a specific.bequest of the real property located at 11 Blackmore Court, Camp Hill, Pennsylvania, wherein which a testamentary trust is established fof3his a ti in c r1 specific bequest for Debra G. Graham. 2-- .; G? '7 } M ryi r-t cn « r_':: rrt Q U) O y 7 n 5. The testamentary trust for the benefit of Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift appoints Craig L. Vandergrift and/or Nathan Shuman, as the Co-Trustees. 6. Craig L. Vandergrift has decided to renounce his position as Co-Trustee of the testamentary trust for the benefit of Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift. See Renunciation of Trustee dated November 12, 2013 attached hereto and marked as Exhibit A. 7. Andrea Shuman, wife of Co-Trustee Nathan Shuman, has agreed to act as a substitute Co-Trustee, in place of Craig L. Vandergrift, for the testamentary trust for the benefit of Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift. See Acceptance of Trust dated November 4, 2013 stating her acceptance to act as Co-Trustee attached hereto and marked as Exhibit B. 8. Craig L. Vandergrift, as Executor and a residuary beneficiary of the estate, has signed a statement acknowledging his agreement to the substitution of Andrea Shuman as Co- Trustee of the testamentary trust for the benefit of Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift. See attached Statement of Agreement marked as Exhibit C. 9. Debra G. Graham, as a residuary beneficiary of the estate and as a beneficiary of the testamentary trust, has signed a statement acknowledging her agreement to the substitution of Andrea Shuman as Co-Trustee of the testamentary trust for her benefit under the Last Will and Testament of Elizabeth H. Vandergrift. See attached Joinder and Statement of Agreement marked as Exhibit D. 10. Susan L. Mease, as a residuary beneficiary of the estate, has signed a statement acknowledging her agreement to the substitution of Andrea Shuman as Co-Trustee of the testamentary trust for the benefit of Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift. See attached Joinder and Statement of Agreement marked as Exhibit E. 11. Nathan Shuman, as Co-Trustee, has signed a statement acknowledging his agreement to the substitution of Andrea Shuman as Co-Trustee of the testamentary trust for the benefit of Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift. See attached Joinder and Statement of Agreement marked as Exhibit F. 12. WHEREFORE, Petitioner requests this Honorable Court to enter an Order, pursuant to the Probate, Estates, and Fiduciary Code, 20 Pa. C.S.A. §7101 et al., substituting Andrea Shuman as Co-Trustee of the testamentary trust for the benefit of Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift in place of Craig L. Vandergrift. Respectfully submitted, JAN L. BROWN& ASSOCIATES Date: oRbl,3 By: —A .4a gaeV e A. Kelly, Esquire Attorney I.D. No. 91973 845 Sir Thomas Court, Suite 12 Harrisburg, PA 17109 (717) 541-5550 VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of L8 Pa.C.S. Section 4904, re ing to unswom falsification to authorities. -- --- CRAIG L. VANDERGRIFT ESTATE OF ELIZABETH H. VANDERGRIFT : IN THE COURT OF COMMON PLEAS CUMBERLAND-COUNTY, PENNSYLVANIA ORPHANS' COURT DIV ION CRAIG L. VA DERGRIFT, Executor : NO. I - 0 50 ER FICA O I, Jacqueline A.Kelly,Esqui certi that on 2013, I served a true and correct copy of the within Petition S stitute Trustee of Testamentary Trust on the parties named below, by deposing same in the d States mail, first class,postage prepaid, addressed as follows: Craig L.Vandergrift Na an Shuman and Andrea Shuman 1545 Beechwood Boulevard 121 S rman Avenue Pittsburgh,PA 15217 Teaneck, J 07666 Debra G. Graham 11 Blackmore Cc rt Camp Hill, PA 7011 Susan L. ase 417 East arble Street Mechanicsburg, PA 17055 By: Jacqueline A. Kelly,Esquire 845 Sir Thomas Court, Suite 12 ESTATE OF ELIZABETH H. VANDERGRIFT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION CRAIG L. VANDERGRIFT, Executor NO. 2013-00750 CERTIFICATE OF SERVICE I, Jacqueline A. Kelly, Esquire, certify that on /Q --3 , 2013, I served a true and correct copy of the within Petition to Substitute Trustee of Testamentary Trust on the parties named below, by deposing same in the United States mail, first class, postage prepaid, addressed as follows: Craig L. Vandergrift Nathan Shuman and Andrea Shuman 1545 Beechwood Boulevard 121 Sherman Avenue Pittsburgh, PA 15217 Teaneck,NJ 07666 Debra G. Graham I 1 Blackmore Court Camp Hill, PA 17011 Susan L. Mease 417 East Marble Street Mechanicsburg, PA 17055 By: 9cquel' e A. Kelly, Esquire 845 Sir Thomas Court, Suite 12 Harrisburg, PA 17109 (717) 541-5550 RENUNCIATION OF TRUSTEE The Last Will and Testament of Elizabeth H.Vandergrift dated June 20, 2013 was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2013-00750. Under Article V of the Last Will and Testament of Elizabeth H.Vandergift, a testamentary trust is established for the share of Debra G. Graham, wherein CRAIG L. VANDERGRIFT and/or NATHAN SHUMAN were named as Co-Trustees. WHEREAS, CRAIG L. VANDERGRIFT has decided to renounce his position as Co- Trustee of the testamentary trust for the benefit of Debra G. Graham. NOW,THEREFORE, the undersigned, CRAIG L. VANDERGRIFT renounces appointment as Co-Trustee of the testamentary trust for the benefit of Debra G. Graham under the Will of Elizabeth H.Vandergrift dated June 20, 2013. Executed this./'2- day of , ✓v..� 2013. filljov tkAIG A ERGRIF COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA Notarial seal Jay Wzer,Notary Public SS: Sew ddey eoro,Allegheny County My Commission FxPlre9]uly N U 2015 COUNTY OF MEMBER,pENN$YLVANIA ASSOQATION OF NOrAiU6 On this the 17. .day of ✓ca,Lto, 2013 before me, a Notary Public,the undersigned officer,personally appeared CRAIG L. VANDERGRIFT, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my lion d official seal. ACCEPTANCE OF TRUST The Last Will and Testament of Elizabeth H. Vandergrift dated June 20, 2013 was admitted to probate and is recorded in Cumberland County Courthouse, Register of Wills, File No. 2013-00750. Under Article V of the Last Will and Testament of Elizabeth H. Vandergift, a testamentary trust is established for the share of Debra G. Graham, wherein CRAIG L. VANDERGRIFT and/or NATHAN SHUMAN were named as Co-Trustees. WHEREAS, CRAIG L.VANDERGRIFT renounced his position as Co-Trustee by document dated NCVpA&1 2013. NOW, THEREFORE, the undersigned,ANDREA SHUMAN accepts appointment as Co-Trustee and agrees to serve as such in accordance with the terms and provisions of said testamentary trust for the benefit of Debra G. Graham. Executed this day of Od2rnb2i2, 2013. A REA SHUMA STATE OF NEW JERSEY SS: COUNTY OF �_-- On this the.. *ll day of U ro )bQPZ , 2013 before me, a Notary Public, the undersigned officer,personally appeared ANDREA SHUMAN, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my, hand and official seal. 1�0 rfQ Lrl' Notary Public Brenda Palmer Notary Public New Jersey My Commission Expires 2-21-16 No.2430264 ESTATE OF ELIZABETH H.VANDERGRIFT: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION CRAIG L. VANDERGRIFT, Executor : NO. 2013-00750 STATEMENT OF AGREEMENT I, Craig L. Vandergrift,as Executor and as a residuary beneficiary under the Last Will and Testament of Elizabeth H. Vandergrift dated June 20, 2013,hereby agree to the substitution of Andrea Shuman, in place of Craig L.Vandergrift, as Co-Trustee of the Testamentary Trust f/b/o Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift. I also agree to the terms of the Testamentary Trust f/b/o Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift dated June 20, 2013, and I have no objections to Andrea Shuman, as Co-Trustee of the Testamentary Trust f/b/o Debra G. Graham, executing the terms of the trust as stated under the Last Will and Testament of Elizabeth H. Vandergrift dated June 20, 2013. I also hereby waive any future rights to object to Andrea Shuman acting as Co-Trustee. D ted: CRAI L. VANDERGRIF ESTATE OF ELIZABETH H. VANDERGRIFT: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, : PENNSYLVANIA ORPHANS' COURT DIVISION CRAIG L. VANDERGRIFT, -Executor NO. 2013-00750 JOINDER and STATEMENT OF AGREEMENT I,DEBRA G. GRAHAM,join in this Petition to Substitute Trustee of Testamentary Trust filed by Craig L. Vandergrift to have Andrea Shuman substituted as Co-Trustee, in place of Craig L. Vandergri t, of tife testamentary trust for the benefit of Debra G. Graham. I,Debra G. Graham, as a residuary beneficiary under the Last Will and Testament of Elizabeth H. Vandergrift dated June 20, 2013, hereby agree to the substitution of Andrea Shuman, in place of Craig L. Vandergrift, as Co-Trustee of the Testamentary Trust f/b/o Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift. ' I also agree to the terms of the Testamentary Trust f/b/o Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift dated June 20, 2013, and I have no objections to Andrea Shuman, as Co-Trustee of the Testamentary Trust f/b/o Debra G. Graham, executing the terms of the trust as stated under the Last Will and Testament of Elizabeth H. Vandergrift dated June 20, 2013. I also hereby waive any future rights to object to Andrea Shuman acting as Co-Trustee. Dated: ��Q� D 9 aci 6y", DEBRA G. GRAHA __�__ ESTATE OF ELIZABETH H. VANDERGRIFT: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION CRAIG L. VANDERGRIFT, Executor NO. 2013-00750 JOINDER and STATEMENT OF AGREEMENT I, SUSAN L. MEASE,join in this Petition to Substitute Trustee of Testamentary Trust filed by Craig L. Vandergrift to have Andrea Shuman substituted as Co-Trustee, in place of Craig L. Vandergrift, of the testamentary trust foi•the benefit of Debra G. Graham. I, Susan L. Mease, as a residuary beneficiary under the Last Will and Testament of Elizabeth H. Vandergrift dated June 20, 2013, hereby agree to the substitution of Andrea Shuman, in place of Craig L. Vandergrift, as Co-Trustee of the Testamentary Trust f/b/o Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift. I also agree to the terms of the Testamentary Trust f/b/o Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift dated June 20, 2013, and I have no objections to Andrea Shuman, as Co-Trustee of the Testamentary Trust f/b/o Debra G. Graham, executing the terms of the trust as stated under the Last Will and Testament of Elizabeth H. Vandergrift dated June 20, 2013. I also hereby waive any future rights to object to Andrea Shuman acting as Co-Trustee. Dated: a SUSAN L. MEASE ESTATE OF ELIZABETH H. VANDERGRIFT: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION CRAIG L. VANDERGRIFT, Executor NO. 2013-00750 JOINDER and STATEMENT OF AGREEMENT I, NATHAN SHUMAN,join in this Petition to Substitute Trustee of Testamentary Trust filed by Craig L. Vandergrift to have Andrea Shuman substituted as Co-Trustee, in place of Craig L. Vandergrift, of the testamentary trust for the benefit of Debra G. Graham. I, Nathan Shuman, as a Co-Trustee of the testamentary trust for the benefit of Debra G. Graham, hereby agree to the substitution of Andrea Shuman, in place of Craig L. Vandergrift, as Co-Trustee of the Testamentary Trust f/b/o Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift. I also agree to the terms of the Testamentary Trust f/b/o Debra G. Graham under the Last Will and Testament of Elizabeth H. Vandergrift dated June 20, 2013, and I have no objections to Andrea Shuman, as Co-Trustee of the Testamentary Trust f/b/o Debra G. Graham, executing the terms of the trust as stated under the Last Will and Testament of Elizabeth H. Vandergrift dated June 20, 2013. 1 also hereby waive any future rights to object to Andrea Shuman acting as Co-Trustee. Dated: 3 NATHAN SHUMAN