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Home My WebLink About10-23-14 (2) r�� C7 r�--�-+ x7 F�\FILES\Clients\7259 M&717259 Trust\7259349 Chapmanjones UnitrustV259.349.responsel.wpd C � �J � =� � C.J �� C� [�J � O '�7 t`1 �� r.:-> "� :,�:7 �:7 "., ....,„ -- ; C`7 Ivo V. Otto III, Esquire ;�"" =�,, '�, N � ,�-;-a I.D. No. 27763 M � G' ' ``' Seth T. Mosebey, Esquire � � �r ;� I.D. No. 203046 _ �, : C.� MARTSON DEARDORFF WILLIAMS OTTO GILROY& FALLER - , F--� r�- � MARTSON LAW OFFICES —�_ � �' 10 East High Street . c� -� Carlisle, PA 17013 (717) 243-3341 IN RE: ESTATE OF SARAH MCCREA : IN THE COURT OF COMMON PLEAS OF CHAPMAN JONES CHARITABLE : CUMBERLAND COUNTY, PENNSYLVANIA REMAINDER TRUST UNDER WILL : DATED 9/8/76 F/B/O ALFRED MCCREA : ORPHANS' COURT DIVISION CHAPMAN : : N0. 21-2009-032g RESPONSE OF MANUFACTURERS AND TRADERS TRUST COMPANY TO THE OBJECTIONS OF ALFRED MCCREA CHAPMAN BY HIS GUARDIAN HENRY L. CHAPMAN, TO THE THIRD AND PARTIAL ACCOUNT AND NOW, comes Manufacturers and Traders Trust Company ("M&T Bank") by and through its attorneys,Martson Law Offices,and hereby files its Response to the Objections of Alfred McCrea Chapman by his guardian,Henry L.Chapman,to the Third and Partial Account as follows: Background The Orders entered by the Philadelphia County Orphans' Court and the Honor.able Alfred H. Masland speak for themselves,and any characterization of them is denied as a conclusion of law to which no response is required by the Pennsylvania Orphans' Court Rules. By way of further answer,it is denied that objections remain pending before this Court regarding transfer of venue and jurisdiction with regard to the Chapman Lodge Trust. Rather, those objections have been denied, and the Supplement to the Third and Final Account for the Chapman Lodge Trust has been confirmed. Objections 1. The averments of this paragraph are denied as conclusions of law to which no responses are required under the Pennsylvania Orphans' Court Rules. By way of further response, venue is properly within the jurisdiction of the Court of Common Pleas of Cumberland County. 2. a. It is admitted that Henry L. Chapman, as guardian of Alfred McCrea Chapman,made a request for distribution of payment for his father's personal income taxes. This request for distribution relates to the Power of Attorney account, not to the Charitable Remainder Trust, which is the subject of the Third and Partial Account. Notwithstanding the foregoing,M&T Bank is ready,willing and able to distribute the funds in the Power of Attorney Account to Henry L. Chapman,as guardian of Alfred McCrea Chapman,provided that Henry L. Chapman execute a release. Upon execution of an appropriate release, M&T Bank will make future distributions from the Charitable Remainder Trust directly to Henry L. Chapman, as guardian of Alfred McCrea Chapman. b. It is admitted that Henry L. Chapman, as guardian of Alfred McCrea Chapman,made a request for distribution of payment for his father's personal income taxes. This request for distribution relates to the Power of Attorney account, not to the Charitable Remainder Trust, which is the subject of the Third and Partial Account. Notwithstanding the foregoing, M&T Bank is ready, willing and able to distribute the funds in the Power of Attorney Account to Henry L.Chapman,as guardian of Alfred McCrea Chapman,provided that Henry L. Chapman execute a release. Upon execution of an appropriate release, M&T Bank will make future distributions from the Charitable Remainder Trust directly to Henry L. Chapman, as guardian of Alfred McCrea Chapman. c. Admitted in part and denied in part. It is admitted that Henry L. Chapman, as guardian of Alfred McCrea Chapman, made a request far distribution of payment of expenses to Ganse Apothecary. After reasonable investigation,M&T is without information or knowledge sufficient to confirm that the request was for the amount of$13,991.86. This request for distribution relates to the Power of Attorney account, not to the Charitable Remainder Trust, which is the subject of the Third and Partial Account. Notwithstanding the foregoing, M&T Bank is ready, willing and able to distribute the funds in the Power of Attorney Account to Henry L. Chapman,as guardian of Alfred McCrea Chapman,provided that Henry L. Chapman execute a release. Upon execution of an appropriate release, M&T Bank will make future distributions from the Charitable Remainder Trust directly to Henry L. Chapman, as guardian of Alfred McCrea Chapman. d. Admitted in part and denied in part. It is admitted that Henry L. Chapman, as guardian of Alfred McCrea Chapman, made a request for distribution of payment of outpatient medical bills. After reasonable investigation, M&T is without information or knowledge sufficient to confirm that the request was for the amount of$2,341.67. This request for distribution relates to the Power of Attorney account, not to the Charitable Remainder Trust, which is the subject of the Third and Partial Account. Notwithstanding the foregoing, M&T Bank is ready, willing and able to distribute the funds in the Power of Attorney Account to Henry L.Chapman,as guardian of Alfred McCrea Chapman,provided that Henry L. Chapman execute a release. Upon execution of an appropriate release,M&T Bank will make future distributions from the Charitable Remainder Trust directly to Henry L. Chapman, as guardian of Alfred McCrea Chapman. e. Admitted in part and denied in part. It is admitted that Henry L. Chapman, as guardian of Alfred McCrea Chapman, made a request for distribution of payment of expenses for tax preparation fees. This request for distribution relates to the Power of Attorney account, not to the Charitable Remainder Trust, which is the subject of the Third and Partial Account. Notwithstanding the foregoing,M&T Bank is ready,willing and able to distribute the funds in the Power of Attorney Account to Henry L. Chapman, as guardian of Alfred McCrea Chapman, provided that Henry L. Chapman execute a release. Upon execution of an appropriate release, M&T Bank will make future distributions from the Charitable Remainder Trust directly to Henry L. Chapman, as guardian of Alfred McCrea Chapman. f. Denied. The order issued by the Philadelphia County Orphans' Court speaks for itself. Any characterization of the order is denied as a conclusion of law to which no response is required under the Pennsylvania Orphans' Court Rules. By way of further response,the Final Decree issued by Judge Lazarus on September 24,2009,states that"[t]he Guardian shall establish an appropriate burial reserve,if one does not exist." The order does not require a distribution from the Charitable Remainder Trust, which is the subject of the Third and Partial Account. g. Denied. The order issued by the Philadelphia County Orphans' Court speaks for itself. Any characterization of the order is denied as a conclusion of law to which no response is required under the Pennsylvania Orphans' Court Rules. By way of further response, the Decree issued by Judge Carrafiello on July 21, 2010, states that Henry Chapman was authorized to make disbursements for counsel fees and costs. The order does not require a distribution from the Charitable Remainder Trust, which is the subject of the Third and Partial Account. 3. It is admitted that objection is made by Alfred McCrea Chapman by his guardian, Henry L. Chapman, to M&T's charges for its trustee and counsel fees. Any suggestion that the objection is valid is denied as a conclusion of law to which no response is required under the Pennsylvania Orphans' Court Rules. WHEREFORE, Manufacturers and Traders Trust Company respectfully requests that this Court deny the Objections of Alfred McCrea Chapman by his guardian, Henry L. Chapman, and confirm the Third and Partial Account. MARTSON LAW OFFICES B : � J� Y � Ivo 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: �0/l3 f�H Attorneys far Manufacturers and Traders Trust Company VERIFICATION I, James A. Smiley, Vice President of Manufacturers and Traders Trust Company, acknowledge that I have the autharity to execute this Verification on behalf of Manufacturers and Traders Trust Company and certify that the foregoing Response 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 Response is based upon information which I have given to my counsel, it is true and correct to the best of m knowledge, information and belief. To the extent the content of the Response 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: � � mes A. Smiley, Vice Pre ent CERTIFICATE OF SERVICE I,Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy&Faller, hereby certify that a copy of the foregoing Response was served this date via electronic mail addressed as follows: Rosemary R. Ferrino, Esquire Law Office of Rosemary R. Ferrino 1501 Lower State Road North Wales, PA 19454-1216 Attorney for Henry L. Chapman Daniel L. Sullivan, Esquire Law Offices of Saidis, Sullivan& Rogers 26 West High Street Carlisle, PA 17013 Attorney for Charitable Remainder Beneficiaries Michael T. Foerster, Esquire Office of the Attorney General Charitable Trusts & Organizations Section 14th Floor- Strawberry Square Harrisburg, PA 17120 MARTSON LAW OFFICES By: � ` a . Price Ten st High Street Carlisle, PA 17013 (717) 243-3341 Dated: ��!G /