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Home My WebLink About10-14-14 t��} � �...� �.v /--'� .r+� � � s :.t� �,� � � � c� �::}y> � (�"j �'" r J "� n i.] Rosemary R.Ferrino,Esquire `� ., ,- - � ; �;;�� MontcoElderLaw "� - -r, _ .,. ' � Attorney ID#46773 - • � ,..� 1501 Lower State Road � r �V., North Wales PA 19454 ' � phone (215)283-444 � r-� r i : _ ,- ,... fax (866)906-6091 -� t„�, � --.� �T� IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS SARAH MCCREA CHAPMAN JONES : CUMBERLAND COUNTY, PENNSYLVANIA CHARITABLE REMAINDER TRUST : ORPHANS' COURT DIVISION LTNDER WILL DATED 9/8/76 : F/B/O ALFRED MCCREA CHAPMAN : NO. 21-2009-0329 OBJECTIONS OF ALFRED MCCREA CHAPMAN BY HIS GUARDIAN, HENRY L. CHAPMAN TO THE THIRD AND PARTIAL ACCOUNT OF MANUFACTURERS AND TRADERS TRUST COMPANY, CORPORATE TRUSTEE AND NOW, Henry L. Chapman, guardian of Alfred McCrea Chapman, an incapacitated person and Henry L. Chapman, individually by and through his counsel, to object to the Third and Partial Account and Petition for Adjudication/Schedule of proposed distribution of Manufacturers and Traders Trust Company, Successor to Farmers Trust Company, Co-Trustee (hereinafter"M&T") for the Charitable Remainder Trust Under the Will of Sarah McCrea Chapman Jones f/b/o Alfred McCrea Chapman for the following reasons: BACKGROUND As acknowledged by Accountant M&T, pursuant to the Orders of the Honorable Anne Lazarus entered on September 24, 2009 (true and correct copies of which are attached hereto as Exhibit"A") Philadelphia County has exclusive jurisdiction over the estate and person of Alfred McCrea Chapman the lifetime beneficiary of this trust. As also acknowledged in the instant Petition at Paragraph#4, pursuant to the order of the Hon. Alfred H. Masland entered on March 4, 2014, Philadelphia County has jurisdiction over a POA account where it acts as agent for Mr. Chapman. The income for the trust that is subject to review at this time is distributed by M&T directly to that POA account. Further, pending before this Cumberland County Court are objections in the nature of a petition to transfer venue and jurisdiction to Philadelphia concerning the supplemental (and final) account filed by M&T in the "Lodge Trust" created under the same will of Sarah McCrea Chapman Jones. OBJECTIONS 1. Venue and jurisdiction of this third and partial Account, which deals with nothing other than lifetime distributions to Mr. Chapman and the costs incurred for trustee and counsel fees in defending its conduct, is exclusively within the jurisdiction of the Court of Common Pleas of Philadelphia County under Orphans Court Docket No 1061 of 2009. 2. The instant partial account covers the period August 2, 2011 to August 19, 2014. During the same time period, the Guardian of the estate of lifetime beneficiary Alfred McCrea Chapman made repeated requests for distributions from the trustees to the following: a. the Commonwealth for his father's personal income taxes of$3,472.; b. the IRS for his father's personal income taxes of$5,018.; c. Ganse Apothecary for critical prescription medications $13,991.86; d. outpatient medical bills of$2,341.67; e. tax preparation fees $755.50; f. An irrevocable burial reserve in accordance with the Philadelphia court's order dated September 24, 2009; and g. Court ordered reimbursements of$3,706. to the guardian and his sister and court ordered legal fees and costs of$3,675. pursuant to the Philadelphia court's order dated July 21, 2010, all of which requests were ignored or denied by the Trustees. 3. Objection is made to Accountant's charges for its trustee and counsel fees and its attempt to receive approval of a reserve of an additional $5,050. to pay itself and its counsel during which time it ignored Philadelphia judicial decrees to provide disbursements to others. WHEREFORE,Objector Henry Chapman,Guardian of Alfred McCrea Chapman respectfully requests that this Court sustain the above objections and: (1) Transfer the audit of this Third and Partial Account to the Court of Common Pleas of Philadelphia County under Orphans Court Control No 1061 of 2009; and (2) Require Accountant to provide answers to the questions raised in the Objections; and issue surcharges where appropriate. Respectfully submitted, MONTCO ELDER LAW ,____.. c��..,. , By: Y . ERRINO I.D. No. 46773 1501 Lower State Road North Wales, PA 19454 (215) 283-4444 Counsel for Henry L. Chapman DATED: �� 1 / � fN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY •- ORPHANS' COURT DIVISION O.C. No.1061 of 2009 Control No.091893 Estate of ALFRED MCCREA CHAPMAN, � an Alleged IncapacitaEed Person FINAL DECREE AND NOW,this � �� day of SEPTEMBER,2009, upon consideration of the annexed petition and after hearing held following due notice, this Court finds by clear and convincing evidence that: 1. Alfred McCrea Champman- is 73 years of age and is domici[ed in Philadelphia,Pennsylvania. 2. He suffers from Paranoid Schizophrenia and hernia which impairs his capacity to receive and evaluate information effectively and to make decisions regarding management of his financial affairs. 3. He is so severely mentalty impaired that he is unable to make, communicate or participate in any decision relating to his estate or person. 4. His physical and mental heatth is such that his presence at the hearing would be possibly harmful to his health and as a result he was not present and was not represented. Accordingly, it is hereby ORDERED and DECREED that Alfred McCrea Champman is adjudged totaily incapacitated and he requires a ptenary guardian of his person and estate for the foreseeable future. Henry L.Chapman is appointed plenary guardian of the person and the estate of Alfred McCrea Chapman, an incapacitated person. Bond is waived. The Guar•dian sha(1 file an inventory and report in compliance with 20 Pa.C.S.§5521(c) �within ninety(90} days of this Decree and annualty thereafter. The Court, upon the filing of the inventory, may order security to be posted by the Guardian. The said guardian shail not enter into any settlement of any claim or cause of action without prior approvat of this Court. In the event of a settlement of any claim or cause of action, this Court reserves the right to remove the guardian and appoint a corporate guardian. If the incapacitated person has a safe deposit box,an official Examiner of this Court shall attend the opening of the safe deposit box. The Certificate of the Officiai Examiner of his examination of the assets of the safe deposit box shall be submi�ted to this Court and,when approved by the hearing judge,shall be filed with the record in this case. The amount and manner of the compensation for the services of the Official Examiner shall be determined by the hearing judge. Within sixty(60) days after the death of the incapacitated person or an adjudication of capacity, the guardian shall fite a Final Report with the Court pursuant to 20 Pa.C.S.A. §5521(c)(2). The Guardian of the Person shall have the authority and responsibility to decide where Alfred McCrea Chapman shall live and how meals, personal care, transportation and recreation will be provided. The Guardian of the Person shall also have authority to authorize and consent to medical treatment and surgical procedures necessary for the well being of the incapacitated person. The Guardian of the Estate shall have the authority and responsibility to manage and use Alfred McCrea Chapman's property primarily for his benefit and secondarily for fhe benefit of his legal dependents in accordance with 20 Pa.C.S.A. Section 5536(a),which authorizes the Guardian of the Estate to spend income for the aforesaid purposes without the court's written approval. The Guardian of the Estate may not spend principal assets for the care and maintenance of Alfred McCrea Chapman without Court approval. The Guardian shall establish an appropriate burial reserve, if one does not exist. • Accordingly, counsel for Petitioner shali cause to be served upon and �read to Alfred McCrea Chapman a copy of this Decree and the Statement of Rights attached hereto as Exhibit"A", and file proof of same with the Court within ten (10) days from the date hereof. Alfred McCrea Chapman has finrenty (20) days from the date of this decree to file exceptions. Failure to file exceptions within that time will result in this decree becoming final. Alfred McCrea Chapman has been advised of his right to appeal and to petition to modify or terminate the guardianship by copy of this decree and by the Statement of Rights attached hereto. Lazarus, J. Rosemary Ferrino, Esquire COPIES SENT FURSUANTTO Pa.R.C.P.236(bl SEP 24209 FIRSTJUOlCI ISTRIC OFr.. USER I.D.: • STATEMENT OF RIGHTS AN ORDER HAS BEEN ENTERED WHEREBY YOU HAVE BEEN ADJUDICATED AN INCAPACITATED PERSON AND UNABLE TO CARE POR YOURSELF AND/OR MANAGE YOUR PERSONAL AFFAIRS. YOU HAVE THE RIGHT TO FILE EXCEPTIONS TO THE COURT'S DECISION WITHIN TWENTY (20)DAYS OF THE COURT'S ORDER OR YOU HAVE'I'I�RIGHT TO APPEAL THE COURT'S DECISTON WITHIN THIRTY(30)DAYS OF THE COURT'S ORDER. YOU MAY PETTI'ION THE COURT AT ANY FURTHER TIME TO MODIFY OR TO TERMINATE THE GUARDTANSHIP 1F THERE IS A CHANGE IN YOUR CAPACITY OR IF YOUR GUARDIAN FAILS TO PERFORM HIS/HER DU'TIES ACCORDANCE WTTH THE COURT'S ORDER IF YOU WISH TO APPEAL THE COURT'S ORDER OR PETITION THE COURT TO MODIFY OR TERMINATE THE GUARDIANSHII', YOU ARE ENTITLED TO BE REPRESENTED BY AN ATTORNEY. � � EXHIBIT`°A„ � � i I i I � � � ; ; � IN THE COURT OF COMMON PLEAS OF PHILADELPHIA ORPHANS' COURT DIVISION O. C No. 4061 IC of 2009 Estate of ALFRED MCCREA CHAPMAN, An Incapacitated Person DECREE AND NOW, this a (� � day of SEPTEMBER, 2009, after a hearing on the Petition for Adjudication of lncapacity, it appearing that the Trustees of the two Charitable Remainder Trusts under which the Incapacitated Person is a lifetime beneficiary have not filed an accounting since the inception of the trusts, it is hereby ORDERED and DECREED that Manufacturers&Traders Trust Co and John McCrea, III, Co-Trustees,shall file an account of the Charitable Remainder Trusts established under the will of the Incapacitated Person's mother in the Cumberland County Orphans' Court within forty-five {45) days of service of this order upon them by counsel for petitioner. Lazarus J. Rosemary R. Ferrino, Esquire COPIESSENT PURSUANT TO Pa:R.C.P.236(b) S E P 2 4 2009 FIRSTJUDICIAL TOF A USER I.D.: VERIFICATION I, Rosemary R. Ferrino, verify that the facts contained in the foregoing instrument are true and correct to the best of my knowledge, information and belief; and that this verification is subject to the penalties of 18 Pa. C.S.A. §4904 relative to unsworn falsification to authorities. _.�... __.__ , _.. � �� ,,.�---- �j � �'7-P/�'`! �, �`t� osemary . Ferrino, Esquire Dated: IN RE: ESTATE OF : IN THE COURT OF COMMON PLEAS SARAH MCCREA CHAPMAN JONES : CUMBERLAND COUNTY, PENNSYLVANIA CHARITABLE REMAINDER TRUST : ORPHANS' COURT DIVISION UNDER WILL DATED 9/8/76 : F/B/O ALFRED MCCREA CHAPMAN : NO. 21-2009-0329 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the foregoing instrument on October 14, 2014 to the following parties via email and/or fax: Seth Mosebey, Esquire 10 East High Street Carlisle, PA 17013 Michael T. Forester, Esquire Office of the Attorney General 14th Floor- Strawberry Square Harrisburg, PA 17120 Katherine C. Michalka 250 Loche Lloyd Parkway Belton, MO 64042 John McCrea, III PO Box 341 Newville, PA 17241 Karen E. Chapman 1858 San Lorenzo Avenue Berkley, CA 94707 Daniel Sullivan, Esquire Saidis, Sullivan& Rogers 26 West High Street Carlisle, PA 17013 1 Barbara McLemore, Chancellor Episcopal Dioceses of Central Pennsylvania P.O. Box 11937 Harrisburg, PA 17108 . � ' r �r � i �?�y�,� mary . errino, Esq. Attorney ID 46773 1501 Lower State Road Suite 205 North Wales, PA 194545-1216 (215) 283-4444 f� �� Counsel for Guardian, Henry L. Chapman 2