HomeMy WebLinkAbout05-12-14 v
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY PENNSYLVANIA � �
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IN THE MATTER OF ) Orphans' Court Division � � � � � �
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THE SPECIAL NEEDS TRUST FB/O ) No. �,� -I� -�`I�J I t- " ��, �' `' �
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RANDOLPH Q. SABRIC, an incapacitated ) ��3 ;- ' ' � '°�� -��
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PETITION TO TRANSFER JURISDICTION OF TRUS'�° � �' °
Petitioner, First National Trust Company, by and through its counsel, Knox McLaughlin
Gornall & Sennett, P.C., files the foregoing Petition to Transfer Jurisdiction of Trust, stating as
follows:
1. First National Trust Company ("First National") is a nationally chartered trust
company, with a principal place of business at One F.N.B. Boulevard, Hermitage, Pennsylvania
16148.
2. First National is the corporate co-trustee of the Special Needs Trust for the
Benefit of Randolph Q. Sabric, an incapacitated person(the "Trust").
3. In 1990, Randolph Q. Sabric, by and through his guardian ad litem, Sherry
Howland, filed a personal injury lawsuit in the Court of Common Pleas of Cumberland County,
Pennsylvania, at docket no. 1990-1157 (the "Litigation").
4. On or about May l, 1996, Sherry Howland, guardian ad litem of Randolph Q.
Sabric, established the Trust for the express purpose of paying Mr. Sabric's special needs
through the receipt of any funds realized in the Litigation. (See May 1, 1996, Trust, attached
hereto at Exhibit A).
5. On July 9, 1999, the Honorable J. Wesley Oler, Jr. entered an Order approving a
settlement in the Litigation(the "July 1999, Order"). (See July 1999, Order, attached hereto at
Exhibit B).
6. Contemporaneous with the July 1999, Order, the Trust was amended. (See
Amendment to Trust, attached hereto at Exhibit C).
7. The Amendment to Trust provides that the Court of Common Pleas of
Cumberland County, Pennsylvania shall retain jurisdiction over the Trust. (See Exhibit C, p. 4, ¶
5(A)(5)).
8. Contemporaneous with this instant petition, First National has filed a foregoing
Petition to Appoint Successor Individual Co-Trustee Pursuant to 20 Pa.C.S.A. §7764, seeking to
appoint Erika Howland as the successor individual Co-Trustee Trust.
9. Because both Erika Howland and Mr. Sabric currently reside in Erie County,
administration of the Trust will necessarily take place in Erie County.
10. All interested parties consent to the requested relief.
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WHEREFORE, the Petitioner, First National Trust Company, respectfully request$that this
Honarable Court enter an order relinquishing jurisdiction over the Trust and vesting jurisdiction in
the Court of Common Pleas of Erie County, as well as such further relief as this Court deems just.
Respectfully submitted,
KNOX McLAUGHLIN GORNALL &
SENNETT, P.C.
BY: �-_.,.
Michael J. Musone, Esq.
Attorney I.D. #306682
120 West Tenth Street
Erie, Pennsylvania 16501
(814) 459-2800
Attorneys for Petitioner,
First National Trust Company
CALDWELL &KEARNS, P.C.
B G;z,��
M. Woodburn,Esq.
Attorney I.D. #81786
3631 North Front Street
Harrisbwg, PA 17110
(717)232-7661
Attorneys for Petitioner,
First National Trust Company
IN THE MATTER OF ) IN THE COURT OF COMMON PLEAS
) OF CUMBERLAND COUNTY,
THE SPECIAL NEEDS TRUST FB/O ) PENNSYLVANIA
RAND�LPH Q. SABRIC,an incapacitated )
person ) Orph�ns'Court Division
)
) No.
)
VERIFICATION
On this,thc '-�� day of March,2014,the undersignetl, Monica L. Hanrahan,Client
Advisor far First Natianal Trust Company, deposes and states that the facts set forth in the
foregoing Petition to Transfer Jurisdiction of Trust are true and correct ta the best of her
knowledge, information and betief, subject to the penalties of 18 Pa.C.S. §4904 relating ta
unsworn falsification to authorities.
FIRST NATI4NAL TRUST C4MPANY
. �� .
By:
Monica L. Hanrahan,
Client Advisor
CERTIFICATE OF SERVICE
I hereby certify that I have served a copy of the within document this_� day of
, 2014, on the following by depositing a true and correct copy of the same in the
U.S. M ' at Harrisburg, Pennsylvania, postage prepaid, addressed to:
Erika Howland
3512 Melrose Avenue
Erie, PA 16508
Randolph Q. Sabric
8300 West Ridge Road
Fairview, PA 16417
CALDWELL & KEARNS
By: