HomeMy WebLinkAbout06-03-14 RECORDED OFFICE OF
F.W1LHS%0imtA7259 M S n7259 T917259.3U StycA72593U.pnidw REGISTER Or WILLS
No V. Otto ]II, Esquire 2014 JUN 3 PM 3 23.
I.D. No. 27763 -
Seth T. Mosebey, Esquire CLE'K OF
I.D. No. 203046 ORPHANS' COURT
MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER CUMDERLWID CO., PA
MARTSON LAW OFFICES
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Manufacturers and Traders Trust Company
In Re: Mary Catherine Stayer Burns : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2014- L 5
ORPHANS' COURT DIVISION
PETITION TO MAKE A FINDING AND DECREE OF ABSENTEE DEATH
AND NOW,comes Manufacturers and Traders Trust Company,by and through its attorneys,
MARTSON LAW OFFICES, and hereby petitions for a finding and decree of absentee's death
pursuant to 20 P.S. § 5701 et seq. and in support thereof avers as follows:
1. Manufacturers and Traders Trust Company("Petitioner")is a New York corporation
with an address of 1 West High Street, Carlisle, Pennsylvania 17013.
2. This Petition seeks a finding and decree of death of Mary Catherine Stayer Burns
("Absentee").
3. Morrison Clay Stayer executed a Trust Agreement dated July 20, 1967. A true and
correct copy of the Trust Agreement is attached hereto and incorporated herein as Exhibit "A."
4. The Trust Agreement established a trust for the benefit of his son,William K.Stayer,
and daughter-in-law, Wanda B. Stayer.
5. William K. Stayer predeceased his wife,and on April 21,2010,Wanda B. Stayer,the
sole remaining beneficiary of the trust, died.
6. Absentee is the granddaughter of Morrison Clay Stayer, and the stepdaughter of
Wanda B. Stayer.
7. Under the terms of the trust established by Morrison Clay Stayer, Absentee and
Thomas K. Stayer were the residual beneficiaries of the trust.
8. Pursuant to Paragraph 6 of the Trust Agreement,Absentee and Thomas K. Stayer are
each entitled to 50% of the residue of the trust.
9. Pursuant to the terms of Paragraph 7 of the Trust Agreement, Absentee's issue are
entitled to received Absentee's share of the trust if she died before receiving full distribution of her
share.
10. The following are Absentee's issue who are entitled to receive Absentee's share of
the trust:
a. Amy Burns, 466 Crescent Street, #225, Oakland, California 94610;
b. Jenny Burns, 1113 Ranleigh Way, Piedmont, California 94610;
C. Patrick Burns, 5653 Maxwelton Road, Oakland, California 94618; and
d. Timothy Burns, 140 Florence Avenue, Oakland, California 94618.
11. Farmers Trust Company was appointed Trustee under the terms of Morrison Clay
Stayer's Trust.
12. Petitioner is the successor to Farmers Trust Company.
13. Petitioner distributed the residual share of the trust due to Thomas K. Stayer to
Thomas K. Stayer.
14. Petitioner has been unable to locate Absentee to distribute the residual share to her
and terminate the Trust.
15. Absentee's residual share is valued at approximately $415,000.00.
16. Absentee is not married.
17. The individuals identified in Paragraph 10 are the sole heirs at law ofAbsentee. Each
ofthe heirs has executed a Joinder,which are attached hereto and incorporated herein as Exhibit`B."
18. Despite their efforts to contact Absentee, Petitioner and the sole heirs have had no
contact with Absentee since April 2007.
19. Petitioner last had contact with Absentee in January 2006, at which time she was
living in Buffalo, New York.
20. Absentee's children have attempted to locate Absentee through the following efforts:
(a) Filing a missing persons report with the police department in Buffalo, New
York;
(b) Filing a missing person/runaway report with the Oakland,California, Police
Department on April 30, 2004;
(c) Filing a missing persons report with the City of Piedmont, California;
(d) Writing to the Social Security Administration to request an address for
Absentee;
(e) Hiring a private investigator;
(f) Placing newspaper advertisements in Buffalo, New York, and Phoenix,
Arizona (where Absentee's children believe she last resided); and
(g) Conducting numerous searches through internet databases and locator
services.
21. Neither Petitioner nor Absentee's children knowwhere Absentee is currently residing
or if Absentee is still living.
22. Petitioner has attempted numerous searches to locate Absentee but these efforts have
proven to be unsuccessful.
23. Under Section 5701(e) of the Pennsylvania Estate and Fiduciaries Code, a court
having jurisdiction of the estate or trust of an absentee may make a finding and decree of death
regardless of whether the Absentee was domiciled or last resided in the Commonwealth.
24. An unexplained absence from the Absentee's last known place of residence may be
a sufficient ground for finding that the Absentee died seven years after she was last heard of 20 P.S.
§ 5701(b).
25. In this case, Absentee has disappeared from her last known place of residence in
excess of seven years without being heard from, and Petitioners have made diligent inquiries to
locate her.
26. Specifically, Absentee was last heard of in April 2007 and has not been heard of
since.
27. Furthermore, in this case,the appointment of a trustee is not necessary,as Petitioner
is currently serving as trustee of Absentee's property at issue in this matter.
28. Pursuant to Section 5704 of the Pennsylvania Estate and Fiduciaries Code, if the
Court is satisfied concerning the interest of the Petitioner and the sole heirs,Petitioner shall advertise
notice of the proceedings in a newspaper of general circulation and legal journal in the county of the
Absentee's last known residence once per week for four consecutive weeks,or such shorter time as
this Court may determine.
29. If the Court is satisfied regarding the absence from the individual's residence and the
inquiry made to locate the Absentee, the Court may make a finding and decree that the Absentee is
dead and the date of that death. 20 P.S. §5701.
30. Upon entry of a decree establishing the death of the Absentee,the Absentee's real and
personal property shall be administered by his or her personal representative as in the case of other
decedents. 20 P.S. §5703.
31. Pursuant to 20 P.S. § 5703, the court, in awarding distribution, shall require that a
refunding bond shall be executed by executed by each distributee and filed with the clerk.
32. The refunding bond may be filed without security in the court's discretion. 20 P.S.
§ 5703.
WHEREFORE, Petitioner requests that this Court issue an Order:
(a) requiring Petitioner to advertise notice of these proceedings in a newspaper of general
circulation and legal journal in both Buffalo,New York, and Phoenix, Arizona;
(b) making a finding and decree that Mary Catherine Stayer Burns is deceased; and
(c) making distribution of Absentee's share of the residue under the Trust Agreement to
Absentee's children equally and requiring each of Absentee's children to file a
refunding bond with the clerk.
MARTSON LAW OFFICES
By: J . 0Za4
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: 6/3 JI y Attorneys for Manufacturers and Traders Trust
Company
TRUST AGREEMENT
THIS AGREEMENT made this 0 day of July, 1967, between
MORRISON CLAY STAYER, also known as MORRISON C. STAYER,
M. CLAY STAYER and MC. STAYER, of 504 West South Street,
Carlisle, Pennsylvania, hereinafter called the SETTLOR, and FARMERS
TRUST COMPANY, of Carlisle, Pennsylvania, hereinafter called the
TRUSTEE, WITNESSETH:
1, The Settlor shall set over and transfer unto the Trustee the
items. of personal property set forth in Schedule A hereto attached,
to be held by the Trustee in trust as hereinafter specified.
2. The corpus of this trust shall consist of the personal property
set forth in Schedule A attached hereto.
3. The Trustee shall hold, invest and reinvest the corpus of
this trust in accordance with the trustee's beet judgment, without
restriction to legal trust investments, and may retain in kind any personal
property set forth in Schedule A.
4. The Trustee shall apply the net income for the benefit of the
Settlors eon and daughter-in-law, William K. Stayer and Wanda H. Stayer,
in monthly or other convenient installments, without anticipation or
sequestration, and free from all liens, attachments and executions or other
claims to be made against the said income beneficiaries, the amount of
such income distributed to be at the discretion of the Trustee, and any .
amount not so distributed to be accumulated. In determing the amount to
be paid to the income beneficiaries the Trustee shall consider the assets,
resources, income and earnings which are available to the income
beneficiaries, as well as their circumstances and requirements, but any
distributions of income shall be at the sole discretion of the Trustee.
5. The Trustee shall in his own discretion allocate stock
dividends either to principal or income or both.
6. Upon the death of both of the income beneficiaries the Trustee
shall hold the corpus of said trust as well as any accumulated and =die-
tributed income in further trust in equal shares for the children of
William K. Stayer, and shall pay to each grandchild or apply for the
benefit of said grandchild so much of the income as the Trustee may
deem proper, and shall distribute to each grandchild upon attaining the
age of 21 years one-third of the principal of said grandchildte share,
and upon attaining the age of 25 years, one-half of the then remaining
principal of said trust, and upon attaining the age of 30 years, the remainder
of said trust.
7. If any grandchild dhsll die before receiving full distribution
of his or her share of said trust, leaving issue to survive, said issue shall
take the share of said grandchild by representation, but in default of .
issue, the share of said grandchild shall then be paid to the other remaining
grandchild or grandchildren if living, or if deceased to his or her issue,
and'if there shall be no surviving grandchild and no surviving issue,
then the remaining principal of said trust shall be distributed to Carlisle
Hospital.
8. This agreement shall be irrevocable.
9. ' Trustee shall be paid reasonable compensation upon the invested
corpus of the trust and upon the income received, and disbursed in accordance
with this agreement.
IN WITNESS WHEREOF[ the Settlor has hereunto set his hand
and seal and Trustee has caused this agreement to be executed in its
corporate name by its Trust Officer.'�J��
�(Yi�t'1/LtAfip'l. SEAL)
orrieo Clay Stay
FAR ERS T O ANY
BY
Trust Officer
In Re: Mary Catherine Stayer Burns : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2014-
: ORPHANS' COURT DIVISION
JOINDER
1,Amy Burns,having read and considered the contents of the foregoing Petition,do herewith
waive the benefit of all requirements of notice of the presentation, or service upon me, of said
Petition, do authorize the Court to note my general appearance in said proceeding as though I had
appeared personally or by counsel,do herewith waive all objections to the Court's jurisdiction over
my person, and do herewith join in the prayer of the said Petition.
Amy Burns
STATE OF CALIFORNIA )
SS.
COUNTY OF }
On the a3 day of j}�,,__ in the year 2014, before me, the undersigned, a
Notary Public in and for said Commonwealth, personally appeared Amy Burns, perw4a y mown
to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in her
capacity, and that by her signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument.
Notary Public
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In Re: Mary Catherine Stayer Burns : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2014-
: ORPHANS' COURT DIVISION
JOINDER
I,Jenny Burns,having read and considered the contents ofthe foregoing Petition,do herewith
waive the benefit of all requirements of notice of the presentation, or service upon me, of said
Petition, do authorize the Court to note my general appearance in said proceeding as though I had
appeared personally or by counsel,do herewith waive all objections to the Court's jurisdiction over
my person, and do herewith join in the prayer of the said Petition.
nny Burns
STATE OF CALIFORNIA )
SS.
COUNTY OF )
On the;3 day of ILA, �, in the year 2014, before me, the undersigned, a
Notary Public in and for said Commonwealth,personally appeared Jenny Burns,p sown
to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that she executed the same in her
capacity, and that by her signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument.
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Notary Public
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RECEIVED
MAY 2 2014
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In Re: Mary Catherine Stayer Burns : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2014-
: ORPHANS' COURT DIVISION
JOINDER
I, Patrick Burns, having read and considered the contents of the foregoing Petition, do
herewith waive the benefit of all requirements of notice of the presentation, or service upon me, of
said Petition, do authorize the Court to note my general appearance in said proceeding as though I
had appeared personally or by counsel, do herewith waive all objections to the Court's jurisdiction
over my person, and do herewith join in the prayer of the said Petition.
Patrick Burns
STATE OF CALIFORNIA )
SS.
COUNTY OF )
On the day of in the year 2014, before me, the undersigned, a
Notary Public in and for said Commonwealth,personally appeared Patrick Burns,pawn
to me or proved to me on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
capacity, and that by his signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument.
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Notary Public
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In Re: Mary Catherine Stayer Burns : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
No. 2014-
: ORPHANS' COURT DIVISION
JOINDER
I, Timothy Burns, having read and considered the contents of the foregoing Petition, do
herewith waive the benefit of all requirements of notice of the presentation,or service upon me,of
said Petition, do authorize the Court to note my general appearance in said proceeding as though I
had appeared personally or by counsel,do herewith waive all objections to the Court's jurisdiction
over my person, and do herewith join in the prayer of the said Petition.
Timothy Burn
STATE OF CALIFORNIA )
SS.
COUNTY OF
On the_day of e year 2Q14, before me, the undersigned, a
Notary Public in and for said Comm ealth, personally appeared Timothy Burns, personally
known to me or proved to me e basis of satisfactory evidence to be the individual whose name
is subscribed to the w' n instrument and acknowledged to me that he executed the same in his
capacity, and t y his signature on the instrument, the individual, or the person upon behalf of
which t ndividual acted, executed the instrument.
Notary Public
STATE OF CALIFORNIA
COUNTY OF 6!I7 A/JurIrd
On A GGL before me, Juliana Curmi,Notary Public, personally appeared
irr+S who proved to me on the basis of satisfactory evidence to
be the perso whose name fare subscribed to the within instrument and acknowledged to
me thatg/s a/they executed the same inji Yher/their authorized capacity,(ies) and that by
ler/them signaturon the instrument the person , or the entity upon behalf of which the
person acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
rA JULIANA CURMI
Commission a 2037738
k^tary public .Calitoroll
sn r•ancisco County
Signatur
M Comm.E lies Al 10 2017
(seal)
General Acknowledgment.dotm
r aF. 7
RECEIVED
JUN 0 2 20%
MARI-SON
VERIFICATION
],James A.Smiley,Assistant Vice President for Manufacturers and Traders Trust Company,
acknowledge that I have the authority to execute this Verification on behalf of Manufacturers and
Traders Trust Company and certify that the foregoing Petition is based upon information which has
been gathered by my counsel in the preparation of the lawsuit. The language of this document is that
of counsel and not my own. I have read the document and to the extent the Petition is based upon
information which 1 have given to my counsel, it is true and correct to the best of my knowledge,
information and belief. To the extentthe 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.
MANUFACTURERS AND TRADERS TRUST COMPANY
By: a. J �'
es A. Smiley, Assistant i President
FAMFZOimt\7259 hl k n7259 TmA7259.384 Sth5 M59.3N.pctitjM