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HomeMy WebLinkAbout05-16-14 ' N C _.� � �^j'' TRUST � � � �; � � -� �;�� :� R' �= r' _; � =� �'' r- ►—+ ;.� r� -�, i'�€ � :�� � COURT OF COMMON PLEAS OF - ��' �Y -- , . �.:;r � CUMBERLAND COUNTY, PENNSYLVANIA 4�� '' �' ^° �-'�' -�' c� � -� � "'� ORPHANS' COURT DIVISION :~' � � �: � . -a --+ r � -� U' -°� � NAME OF TRUST (TRIIST UNDER WILL OF Sarah McCrea Chapman Jones.f/b/o Chapman Lodge or TRIIST UNDER DEED OF DATED ) No. 21-2009-0329 PETITION FOR ADNDICATION/ STATEMENT OF PROPOSED DISTRIBUTION PURSUANT TO Pa.4.C.Rule 6.9 This form may be used in all cases irrvolvirrg the Audit of Trust Accounts. If space is insu�cient, riders may be attached. INCL UDE ATTACHMENTS AT THE BACK OF THIS FORM. Name of Counsel: Ivo V. Otto III Supreme Court I.D.No.: 2��63 Name of Law Firm: Martson Law Offices Address: 10 East High Street,Carlisle,PA 17013 Telephone: (�17)243-3341 F�; (717)243-1850 Form OC-01 rev l0.13.06 Page 1 of 10 h�" Name of Trust: Sarah McCrea Chapman Jones f/b/o Chapman Lodge 1. Name(s)and address(es)of Petitioner(s): Petitioner: Petitioner: . NQ„,e: M&T Bank,Trustee aad,.ess: One West High Street Carlisle,PA 17013 2. Check if any of the following issues are involved in this case: A. Appointment of Trustee . .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ❑ B. Interpretation . . . . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 C. Discharge of Trustee .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . (7� D. Transfer of Situs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ E. Appointment ofAd Litem . . . . .. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � F. Minor,Unborn or Unascertained Beneficiary(ies) . . . . . . . . . . . . . . . . . . . . . . ❑ G. Principal Distribution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . m H. Partial/Full Termination of Trust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . �✓J I. Missing Beneficiary(ies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ❑ J. Cy Pres . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ K. WilliamsonIssue* . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ❑ L. OtherIssues . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 0 List: Please note: A detailed explanation of issues checked should be set forth at item 13 below. *See Wi!liamson Estate,368 Pa.343,82 A.2d 49(1951),if Trustee was also Executor of the seulor/decedent's eslate and received commissions in such capecity. Form OG02 rev!0./3.06 Page 2 of 10 Name of Trust: Sarah McCrea Chapman Jones f/b/o Chapman Lodge 3. Testamentary Trust: Decedent's date of death: July 28, 1978 Date of Decedent's Will: September 8, 1976 Date(s)of Codicil(s): October 6, 1977 Date of probate: August 16, 1978 or ,Cnter Vivos Trust: Date of Trust: Date(s}of Amendment(s): 4. A. If any other Court has taken jurisdiction of any matter relating to this Trust,explain: B. Identify all prior accountings and provide dates of adjudication. First and Partial Account filed 7/24/09 adjudicated 8/25/09;Second and Partial Account filed 8/17/11 adjudicated 10/11/11;Third and Final Account filed 2/13/12 adjudicated 7/3/12 5. A. State how each Trustee was appointed: Last Will and Testament B. If a Petitioner is not a Trustee,explain: Form OC-02 rev l0.13.06 Page 3 of 10 Name of Trust: Sarah McCrea Chapman Jones f/b/o Chapman Lodge 6. State how and when the present fund was awarded to Trustee(s): Funds from the Estate of Sarah McCrea Chapman Jones on November 3, 1978 7. Period covered by accounting: January 31,2012 to December 4,2013 8. Current fair market value of the Trust principal is$ 17,372.58 . See page 2 of Account.) 9. State concisely the dispositive provisions of the Trust: Life right of use in Alfred Chapman. Life estates to the children of Alfred Chapman. Remainder to St.John's Episcopal Church,Carlisle,PA 10. Explain the reason for filing this Account(if filed because of the death of a party, state name of person,relationship to Trust and date of death): Supplement Third and Final Account to inform interested parties. Fon„oc-o� ,��o.is.o� Page 4 of 10 Name of Trust:Sarah McCrea Chapman Jones f/b/o Chapman Lodge 11. State why a Petition for Guardianffrustee Ad Litem has or has not been filed for this Audit see Pa.O.C. Rule 12.4): Not applicable. 12. A. State the amount of Pennsylvania Transfer Inheritance Tax and Pennsylvania Estate Tax paid(including postponed tax on remainder interests),the dates of payment and the interests upon which such amounts were paid: Dale Payment /nlerest n/a B. If any such taxes remain unpaid or are in dispute,explain: None 13. Describe any questions requiring Adjudication and state the position of Petitioner(s)and give details of any issues identified in item 2: By Order dated December 29,2011,the Chapman Lodge Trust was terminated and M&T Bank was directed to distribute the principal and income to St.John's Episcopal Church. M&T Bank,on behalf of St.John's Episcopal Church,sold the real properiy and is now distributing the net proceeds to St.John's Episcopal Church. Form OG02 rev!0./3.06 Page 5 of 10 � Name of Trust:Sarah McCrea Chapman Jones f/b/o Chapman Lodge 14. Written notice of the Audit as required by Pa.O.C.Rules 6.3,6.7 and 6.8 has been or will be given to all parties in interest listed in item 15 below. In addition, notice of any questions requiring Adjudication as discussed in item 13 above has been or will be given to all persons affected thereby. A. If Notice has been given,attach a copy of the Notice as well as a tist of the names and addresses of the parties receiving such notice. B. If Notice is yet to be given,a copy of the Notice as well as a list of the names and addresses of the parties receiving such Notice shall be submitted at the Audit together with a statement executed by Fetitioner(s)or counsel certifying that such Notice has been given. C. If any such party in interest is not sui juris(e.g., minors or incapacitated persons), Notice ofthe Audit has been or will be given to the appropriate representative on such party's behalf as required by Pa.O.C. Rule 5.2. D. If any charitable interest is involved,Notice of the Audit has been or will also be given to the Attorney General as required under Pa.O.C. Rule 5.5. In addition, the Attorney General's clearance certificate(or proof of service of Notice and a copy of such Notice)must be submitted herewith or at the Audit. 15. List all parties of whom Petitioner(s)has/have notice or knowledge, having or claiming any interest in the Trust,whether such interest is vestetl or contingent,charitable or non-charitable. This list shall: A. State each party's relationship to the Settlor/Decedent and the nature of each party's interest{s); Name and Addreu oJEach Parry in Interest I Relarionship aml Comments,ifarry I Inreresr See attached list. Form OG02 rev/0.13.06 Page 6 of 10 Name of Trust: Sarah McCrea Chapman Jones f/b/o Chapman Lodge Name and Address oJEach Parry In lnrerest I Relalionship and Comn�ents,itarry I Inrerear B. Identify each party who is not sui juris(e.g., minors or incapacitated persons). For each such party,give date of birth,the name of each Guardian and how each Guardian was appointed. If no Guardian has been appointed,identify the next of kin of such party,giving the name,address and relationship of each;and Alfred McCrea Chapman(DOB: 1936),an incapacitated person Henry L. Chapman,Guardian by appointment 9/24/2009 C. If distribution is to be made to the personal representative of a deceased party, state date of death,date and place of grant of Letters and type of Letters granted. Not applicable. 16. If Petitioner(s)has/have knowledge that a Trust share has been assigned or attached, provide a copy of the assignment or attachment,together with any relevant supporting documentation. 17. If a trustee's principal commission is claimed: A. If based on a written agreement,attach a copy thereof. Form OGO2 rev 10.13.06 Page 7 of 10 Name of Trust:Sarah McCrea Chapman Jones f/b/o Chapman Lodge B. If a principal commission is claimed, state amount. None C. If a principal commission is claimed,state the amounts and dates of any principal commissions previously paid in prior accounting periods. Amounf Date Paid 18. If a reserve is reyuested,state amount and purpose. Amo�rnt: 3,350.00 P"'�OSe: See page 8 of the Account. If a reserve is requested for counsel fees,has notice of the amount of fees to be paid from the reserve been given to the parties in interest? . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . .. ❑Yes ONo If so,attach a copy of the notice. 19. Is the Court being asked to direct the filing of a Schedule of Distribution? . . . . . . . . . . . . . . . . . . . . . . . . . . m Yes ❑No Form OC-02 rev l0.13.06 Page 8 of 10 Name of Trust: Sarah McCrea Chapman Jones f/b/o Chapman Lodge ~ Wherefore,your Petitioner(s)ask(s)that distribution be awarded to the parties entitled and suggest(s)that the distributive shares of income and principal (residuary shares being,stated in proportions,not amounts)are as follows: A. Income: Proposed Disrributee(sJ AniormdProportion None B. Principal: Proposed Disaiburee(s) RmoundProportion St.John's Episcopal Church $17,372.58 Submitted By: (All petitiorrers must sign. Add additional lirres if necessary): M&T Bank �. , e of Petitioner: M&T ,Trustee Name of Petitioner: Form OC-02 rev l0.I3.06 Page 9 of 10 Name of Trust: Sarah McCrea Chapman Jones f/bJo Chapman Lodge Verification of Petitioner (Verification must be by at least one petitioner.) The undersigned hereby verifies* [that►��sne he is n�re Assistant Vice President of the above-named xame oJcorporatlon M&T Bank and] that the facts set forth in the foregoing Petition for Adjudication/Statement of Proposed Distribution which are within the personal knowledge of the Petitioner are true,and as to facts based on the information of others,the Petitioner,after diligent inquiry, be(ieves them to be true;and that any false statements herein are made subject to the penalties of 18 Pa.C.S. §4904(relating to unsworn falsification to authorities). a nature of Petitioner *Corporate pelitloners must comple�e brackeled Injormatlon. Certification of Counsei The undersigned counsel hereby certifies that the foregoing Petition for Adjudication/ Statement of Proposed Distribution is a true and accurate reproduction of the form Petition authorized by the Supreme Court,and that no changes to the form have been made beyond the responses herein. ���►�c�.�. Signature of Counsel for Petitioner Fom,oc•oz rev 10.I3.06 Page 10 of 10 Trust under Will of Sarah McCrea Chapman Jones f/b/o Chapman Lodge Cumberland County Orphans' Court No. 21-2Q09-0329 15. Parties of Interest: St. John's Episcopal Church Remainder Beneficiary P.O. Box 612 1-A North Hanover Street Carlisle,PA 17013 Alfred McCrea Chapman,an incapacitated person Life Estate Beneficiary Henry L. Chapman,Guardian (interest terminated by virtue of 355 Lonely Goose Circle Order dated December 29,2011) Harleysville,PA 19438 Henry Chapman Life Estate Beneficiary 355 Lonely Goose Circle (interest terminated by virtue of Harleysville,PA 19438 Order dated December 29,2011) Katherine C. Michalka Life Estate Beneficiary 250 Loche Lloyd Parkway (interest terminated by virtue of Belton,MO 64042 Order dated December 29,2011} Karen E. Chapman Life Estate Beneficiary 1858 San Lorenzo Avenue (interest terminated by virtue of Berkley, CA 94707 Order dated December 29, 2011) John McCrea,III Co-Trustee 221 Doubling Gap Road Nevwille,PA 17241 Michael T. Foerster,Esquire Senior Deputy Attorney General Office of the Attorney General Charitable Trusts and Organizations 14`�Floor-Strawberry Squaze Section Harrisburg, PA 17120 F:IFILES1CIimtsV239 M!!T7259 Tn�tt\7259.8 Chapman Jones17259.S.partia.of.intera�wpd . „ _ : I���79� 7 � � IN THE COURT OF COMMON PEAS OF CUMBERLAND COUNTY,PA ORPHANS' COURT DNISION Docket No. 21-2009-0329 SUPPLEMENT TO THE THIRD AND FINAL ACCOUNT Manufacturers and Traders Trust Company, Successor to Farmers Trust Company, Co-Trustee for Trust under Will of Sarah McCrea Chapman Jones for Chapman Lodge Date of First Receipt of Funds: November 3, 1978 Accounting for the period: January 21, 2012 to December 4,2013 Purpose of Account: The Co-Trustee offers this Account to acquaint interested parties with the transactions that have occurred during the Administration. It is important that the Account be carefully examined. Requests for additional information, questions or objections can be discussed with: James A. Smiley,Vice President Manufacturers and Traders Trust Company One West High Street Carlisle,PA 17013 � (717)240-4505 c o --� ,� r`' � � 3 <r� � � � �,,�� �t7 '1� OT � S � ...y C.3 �3 p�. � � ���:�J J ,�,, r1' ��, : Martson Law Offices '`� ` ``' `�'' �' F:r � c:s � _� � Ten East High Street � =� �ry� � �� � Carlisle, PA 17013 �� � � � —�i � rr— � (717)243-3341 � —� �''' � cr� - 1- SUrIIdARY OF ACCOUNT PAGES PRINCIPAL Receipts 3 $ 89,667.83 Net Gain on Sales or Disposition 4 90,411.54 $ 180,079.37 Less Disbursements: Federal State & Local Taxes 5 $ 521.00 General Disbursements 5-8 158,835.79 Administration - Misc. Exp. 8 3,350.00 -162,706.79 Balance before Distributions $ 17,372.58 Principal Balance on Hand 9 $ 17,372.58 For Information: Changes in Holdings 10 INCOME Receipts 11 $ 1,216.03 Less Disbursements 12 -1,216.03 Balance before Distributions $ .00 Income Balance on Hand $ .00 COMBINED BALANCE ON HAND $ 17,372.58 ------------------ ------------------ Proposed Principal Distributions 13 Verification 14 - 2 - PRINCIPAL RECEIPTS ASSETS RECEIVED AS PER THIRD AND FINAL ACCOUNT Real Estate 92 McCrea Road $ 65,119.46 Personal Effects Personal Property - Household Furniture at Chapman Lodge 52,400.00 $ 117,519.46 Principal Cash -54,017.71 $ 63,501.75 SUBSEQUENT RECEIPTS UNUSED RESERVES FROM THIRD AND FINAL ACCOUNT O1/31/12 Martson Law Offices - Current Balance Due and Estimated Future Legal Services on Sale of 92 McCrea Road $ 324.85 O1/31/12 Cumberland County Register of Wills - Filing Fee for Third and Final Account 120.00 444.85 CASH: 12/26/12 Received from Zurich America - Storm Damaqe Proceeds $ 414.22 11/26/13 Received from Vernon L. and Rachel J. Horst on Sale of 92 McCrea Road - Pro-Rata Share of School Taxes 11/25/13- 6/30/14 1,458.43 11/26/13 Received from Sale of 92 McCrea Road - Reimbursement of Fees 23,805.04 11/26/13 Received from Vernon L. and Rachel J. Horst on Sa1e of 92 McCrea Road - Pro-Rata Share of County Taxes 11/25-12/31/13 43.54 25,721.23 TOTAL PRINCIPAL RECEIPTS $ 89,667.83 ------------------ ------------------ - 3 - PRINCIPAL GAINS OR LOSSES ON SALES OR OTHER DISPOSITIONS GAIN LOSS 10/07/13 Personal Property - Household Furniture at Chapman Lodge Net Proceeds 22,931.00 Acquisition Value 52,400.00 $ 29,469.00 11/26/13 92 McCrea Road Net Proceeds 185,000.00 Acquisition Value 65,119.46 $ 119,880.54 TOTALS $ 119,880.54 $ 29,469.00 ----------------- ----------------- NET GAIN TRANSFERRED TO SUMMARY $ 90,411.54 - 4 - DISBURSEMENTS OE PRINCIPAL FEDERAL STATE & LOCAL TAXES Pennsvlvania Department of Revenue State Fiduciarv Income Tax 04/09/13 2012 Balance Due $ 179.00 Tax Claim Bureau - Real Estate Tax 06/26/12 2010 Property Tax for Map No. 15-04-391-035 - 92 McCrea Road - Balance due Less Reserve from Third and Final Account $ 51.13 06/26/12 2010 Property Tax for Map No. 15-04-0391-036A - 92 McCrea Road 35.67 12/27/12 2011 Property Tax for Map No. 15-04-0391-035 - 92 McCrea Road - Balance due Less Reserve from Third and Final Account 224.26 12/27/12 2011 Property Tax for Map No. 15-04-0391-036A - 92 McCrea Road 30.94 342.00 $ 521.00 GENERAL DISBURSEMENTS Adams Electric Co-Operative Inc. - Utilitv Expense 02/03/12 $ 25.75 03/07/12 25.75 04/11/12 25.75 05/O8/12 25.75 06/13/12 25.84 07/11/12 25.75 08/07/12 25.84 09/12/12 25.93 FORWARD $ 206.36 $ 521.00 - 5 - DISBURSEMENTS OF PRINCIPAL (cont'd) FORWARD $ 206.36 $ 521.00 GENERAL DISBURSEMENTS (cont'd) Adams Electric Co-Operative Inc. - Utilitv Expense (cont'd) 10/10/12 25.84 11/06/12 25.75 12/11/12 25.84 01/08/13 25.75 02/07/13 28.50 03/13/13 28.59 04/08/13 30.01 05/08/13 34.13 06/12/13 29.44 07/10/13 30.66 08/09/13 31.13 09/11/13 30.95 10/10/13 30.01 11/06/13 28.69 611.65 Expenses on Sale of 92 McCrea Road 11/26/13 To Reimburse Attorney in Fact Under Power of Attorney Dated 5/3/1977 f/b/o Alfred M. Chapman Account for Bills Paid for the Lodge $ 28,034.52 11/26/13 Ebener & Associates - Commission on Sale of 92 McCrea Road 5,550.00 FORWARD $ 33,584.52 $ 611.65 $ 521.00 - 6 - DISBURSEMENTS OF PRINCIPAL (cont'd) FORWARD $ 33,584.52 $ 611.65 $ 521.00 GENERAL DISBURSEMENTS (cont'd) Expenses on Sale of 92 McCrea Road (cont'dl 11/26/13 Howard Hannah - Commission on Sale of 92 McCrea Road 5,775.00 11/26/13 State Tax/Stamps Deed 1,850.00 11/26/13 Tax Claim - Both Parcels to Cumberland Tax Claim 3,396.10 11/26/13 2013 County Taxes - Both Parcels to Barbara Cline, Collector 495.55 11/26/13 2013-2014 School Taxes - Both to Barbara Cline, Collector 2,753.51 11/26/13 Notary Fee to Cash 10.00 11/26/13 St. John's Episcopal Church 84,807.10 11/26/13 Law Office of Duncan and Hartman Escrow Account - Claimed Co-Trustee Fee of John McCrea, III 3,000.00 11/26/13 Manufacturers & Traders Trust Company - Out-of-Pocket Expenses for the Benefit of Chapman Lodge - Balance due Less Reserve from Third and Final Account 9,805.04 145,476.82 K. M. Dauahertv - Service at 92 McCrea Road 02/06/13 Insurance Repairs 865.00 Rowes Auction Service 10/07/13 Commission on Sale of Personal Property $ 8,025.84 10/07/13 Fee for Moving Piano 150.00 8,175.84 FORWARD $ 155,129.31 $ 521.00 - 7 - DISBURSEMENTS OF PRINCIPAL (cont'd) FORWARD $ 155,129.31 $ 521.00 GENERAL DISBURSEMENTS (cont'd) SES Brokeraae Insurance Brokeraae Service Incorporated - Insurance Premium 02/24/12 354.78 Shane Bouder - Service at 92 McCrea Road 08/21/13 Trash Removal 1,650.00 S. W. Barrett Real Esate and Appraisal - Appraisal Fee 05/13/13 92 McCrea Road 500.00 Transfer to Income 12/04/13 1,201.70 158,835.79 ADMINISTRATION - MISC. EXPENSES RESERVES: Reserve for Contingencies $ 200.00 Cumberland County Register of Wills - Filing Fee for Fourth and Final Account 150.00 Martson Law Offices - Attorney Fee 3,000.00 3,350.00 3,350.00 TOTAL DISBURSEMENTS OF PRINCIPAL $ 162,706.79 --------------- --------------- - 8 - PRINCIPAL BALANCE ON HAND FIDUCIARY VALUE AT ACQUISITION 12/04/2013 VALUE CASH (AUTOMATICALLY INVESTED) $ 17,372.58 $ 17,372.58 TOTAL PRINCIPAL BALANCE ON HAND $ 17,372.58 $ 17,372.58 THE ABOVE CASH IS CURRENTLY INVESTED IN Wilmington Prime Money Market Fund Select Shs - 9 - CHANGES IN PRINCIPAL HOLDINGS ACCOUNT VALUE 92 McCrea Road 0 Received $ 65,119.46 11/26/13 Sold -65,119.46 0 $ 0.00 ------------------ Personal PropertV - Household Furniture at Chapman Lodae 0 Received $ 52,400.00 10/07/13 Sold -52,400.00 0 $ 0.00 - 10 - RECEIPTS OF INCOME Prior Award• RECEIVED AS PER THIRD AND FINAL ACCOUNT Income Cash $ 14.33 Transfer from Principal 12/04/13 1,201.70 TOTAL RECEIPTS OF INCOME $ 1,216.03 - 11 - _ . DISBURSEMENTS OF INCOME K. M. Dauahertv - Service at 92 McCrea Road 10/29/13 Plumbing Repairs $ 86.36 SES Brokeraae Insurance Brokeraae Service Incorporated - Insurance Premium 11/06/12 $ 546.58 10/14/13 583.09 1,129.67 TOTAL DISBURSEMENTS OF INCOME $ 1,216.03 ------------ -------------- - 12 - PROPOSED PRINCIPAL DISTRIBUTION SCHEDULE Market Value Fiduciary as of Acquisition 12/04/2013 Value St.John's Episcopal Church-Entire Residue Principal Cash $ 17,372.58 $ 17,372.58 $ 17,372.58 $ 17,372.58 Total $ 17,372.58 17372.58 THE ABOVE CASH IS CURENTLY INVESTED IN Wilmington Prime Money Market Fund Select Shs Manufacturers and Traders Trust Company BY Q , es A. Smiley,Vice Presiden Co-Trustee under Will of Sarah McCrea Chapman Jones,Deceased -13 - �. f.�..,. ,.�.4,�.. �. . .: ��._.� . _�,�,� � � VERIFICATION Manufacturers and Traders Trust Company, Successor to Farmers Trust Company, Co-Trustee under Will of SARAH MCCREA CHAPMAN JONES, deceased,hereby declare under oath that it has fully and faithfully discharged the duties of their office; that the foregoing Account is true and correct and fully discloses all significant transactions occurring during the accounting period; that all known claims against the Trust have been paid in full; that,to their knowledge,there are no claims now outstanding against the Trust; and that all taxes presently due from the Trust have been paid. This statement is made subject to the penalties of 18 PA. C.S.A., Section 4904 relating to unsworn falsification to authorization. �� Ma acturers and Traders Trust Co ny Dated: �S I j Sl�� -14 -