HomeMy WebLinkAbout10-29-14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: ORPHANS' COURT DIVISION
ESTATE OF SARA MCCREA CHAPMAN Case No.f2•I=09-0329
JONES 21-78-0442
RESPONSE OF THE COMMONWEALTH
IN OPPOSITION TO OBJECTIONS OF
ALFRED MCCREA CHAPMAN, BY HIS
GUARDIAN HENRY L. CHAPMAN, TO
THE THIRD AND PARTIAL ACCOUNT
Filed on behalf of the Commonwealth:
COMMONWEALTH OF
PENNSYLVANIA
o - by Kathleen G. Kane
c , -�► o Attorney General
Counsel of Record for this Party:
` ) r `'' Michael T. Foerster
ti ^t
o _ ►-, Senior Deputy Attorney General
PA ID #78766
Office of Attorney General
Charitable Trusts & Organizations Section
14th Floor- Strawberry Square
Harrisburg, Pennsylvania 17120
1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: ORPHAN'S COURT DIVISION
ESTATE OF SARA MCCREA CHAPMAN Case No. 21-09-0329
JONES 21-78-0442
RESPONSE OF THE COMMONWEALTH IN OPPOSITION TO OBJECTIONS OF
ALFRED MCCREA CHAPMAN,BY HIS GUARDIAN HENRY L. CHAPMAN,TO THE
THIRD AND PARTIAL ACCOUNT
AND NOW comes the Commonwealth of Pennsylvania, by its Attorney General in her
capacity as parens patriae to respond to Objections filed by Alfred McCrea Chapman, by his
ry
guardian Henry L. Chapman,to the Third and Partial Account:l 2 c o
x « � �
CJ 4 7 2 O
BACKGROUND ;
Objector starts with an unnumbered paragraph. Response is as follows: 'the.Orders of ,
Judge Lazarus speak for themselves. Any remaining allegations are denied,as^conclusions of F►
law. oCn
c�
OBJECTIONS
1. DENIED. Objector asserts that the Account, "deals with nothing other than
lifetime distributions to Mr. Chapman [the lifetime beneficiary]...." It is specifically DENIED
that the Third & Partial Accounting deals solely with the lifetime beneficiary. Indeed, this trust
has remaindermen and they must be treated fairly. Administration of this trust is for their benefit
too. It is respectfully submitted that the Objector's misunderstanding of that fundamental
1 Objector attached a certificate of service certifying that Counsel had served, inter alia, via
email or fax,the instant objections. The Commonwealth has no record of such service. As such,
the Commonwealth requests the Court's indulgence to receive this late response.
2 The Court has a collective response from the Remaindermen, Brown University, Dickinson
College, and the Pennsylvania State University. The Commonwealth incorporates their
response.
concept of trust law, that a trustee must treat all beneficiaries fairly, is at the core of Guardian's
filings for the past several years. Further, it is DENIED that Philadelphia Countyhas exclusive
.venue and jurisdiction over this Trust.
2. After reasonable investigation, the Commonwealth is without knowledge of the
facts alleged in this paragraph; therefore to the extent a response is required, they are denied.
3. The Commonwealth has not objected to the Trustee and Counsel fees.
WHEREFORE, the Commonwealth respectfully requests that this Honorable Court
deny the Guardian's request to transfer audit of the Third & Partial Account to the Philadelphia
Orphans' Court.
Respectfully Submitted:
KATHLEEN G. KANE
Attorney G neral
By:
IC T. FOERSTER
Senior Deputy Attorney General
Pa. Attorney No.: 78766
Office of Attorney General
Charitable Trusts & Organizations Section MARK A. PACELLA
14th Floor—Strawberry Square Chief Deputy Attorney General
Harrisburg, Pennsylvania17120 '
717-783-2853
October 28, 2014
a �
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
IN RE: ORPHAN'S COURT DIVISION
ESTATE OF SARA MCCREA CHAPMAN Case No. 21-09-0329
JONES 21-78-0442
CERTIFICATE OF SERVICE
I, Michael T. Foerster, counsel for the Commonwealth, hereby certify that on October 28,
2014, I caused true and correct copy of the foregoing document titled Response Of The
Commonwealth In Opposition To Objections Of Alfred Mccrea Chapman, By His Guardian
Henry L. Chapman, To The Third And Partial Account to be mailed, first class postage prepaid,
to all other parties of record as follows:
Ivo V. Otto, III, Esquire John McCrea,III Rosemary R. Ferrino,Esquire
10 East High Street P.O. Box 341 1502 Lower State Road— Ste. 205
Carlisle,PA 17013 Newville, PA 17241 North Wales,PA 19454-1216
For the trustee M&T Bank Co-trustee For the Objector/Petitioner
Daniel L. Sullivan, Esquire
Saidis Sullivan &Rogers
26 West High Street Carlisle, PA
17013 for Pennsylvania State
University; Brown University; &
Dickinson College
lalt ,r7s
MfCHXEL T. FOERSTER
Senior Deputy Attorney General
Office of Attorney General
Charitable Trusts & Organizations Section
14th Floor—Strawberry Square
Harrisburg, Pennsylvania 17120