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Home My WebLink About11-12-14 r�� c'.:::_:J � F�.�FILES\ClientsV259 M&TV259 Trust\7259349 Chapmanjones UnitrustV259342response2.wpd � C� � � r, ..,.. —.�, ..� .� C? �, ''- C':7 _,,;z ;-�� ;:� Cl �..`i - "-� C-- ::J , T �..;:. � �...� _ F--+ 7 Ivo V. Otto III, Esquire . � rv , I.D. No. 27763 _ .� , Seth T. Mosebey, Esquire -� � ::`� LD. No. 203046 �-• = `' r.,-� MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER �....� � �, MARTSON LAW OFFICES � ��' 10 East High Street 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. 21-2009-0329 RESPONSE OF MANUFACTURERS AND TRADERS TRUST COMPANY TO THE PETITION TO TRANSFER SITUS OF THE SARAH MCCREA CHAPMAN JONES CHARITABLE REMAINDER TRUST TO PHILADELPHIA COUNTY 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 Petition to Transfer Situs of the Sarah McCrea Chapman Jones Charitable Remainder Trust to Philadelphia County as follows: l. Denied. The durable power of attorney is a document that speaks for itsel£ Any characterization of the durable power of attorney is denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further response, it is admitted the Alfred McCrea Chapman executed a durable power of attorney appointing Farmers Trust Company as his agent. After reasonable investigation, M&T Bank is without knowledge or information sufficient to form a belief as to Mr. Chapman's residence on May 3, 1977. 2. Admitted, upon information and belief. 3. Admitted in part and denied in part. It is admitted,upon information and belief,that Alfred McCrea Chapman was the only son of Sarah McCrea Chapman Jones. After reasonable investigation, M&T Bank is without knowledge or information sufficient to form a belief as to whether Sarah McCrea Chapman Jones was diagnosed with serious mental illness in 1966. 4. Denied. Any written testamentary plans are denied as documents which speak for themselves. Any characterization of Mrs.Jones'testamentary plans are denied as conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. '�` � 5. Denied as stated. The Accounts filed by M&T Bank, which have been confirmed, set forth the funding of the trusts identified in this paragraph. 6. Admitted. 7. Denied. The estate plans of Mrs. Jones are documents which speak for themselves. 8. Admitted, with clarification. The Carlisle office of M&T Bank has served as the trustee of the Charitable Remainder Trust since its inception. The Philadelphia office has had no involvement with the Charitable Remainder Trust. 9. Admitted. 10. Admitted in part and denied in part. Cumberland County has been the situs of both trusts since their inception. Accounts filed by M&T Bank set forth the disbursements made for the benefit of Mr. Chapman. 11. Denied. The Accounts filed far the POA account and CRT set forth all distributions since the funding of the CRT. 12. Admitted, upon information and belief. 13. After reasonable investigation, M&T Bank is without knowledge or information sufficient to form a belief as to the truth of this averment. 14. After reasonable investigation, M&T Bank is without knowledge or information sufficient to form a belief as to the truth of this averment. 15. After reasonable investigation, M&T Bank is without knowledge or information sufficient to form a belief as to the truth of this averment. 16. Admitted,with clarification. It is M&T Bank's understanding that Henry Chapman petitioned to be appointed plenary guardian only after a determination by the Court of Common Pleas of Cumberland County that a guardian was necessary. 17. Denied. John McCrea's Petition to Intervene is a document that speaks for itself. 18. Admitted. 19. Denied. Judge Lazarus' Decree is a document that speaks for itself. 20. Admitted. 21. Admitted. By way of further response, the second partial account was confirmed without objection. 22. Admitted. By way of further response,the litigation resulted in the Lodge trust being terminated. 23. Denied. It is unclear which trust Petitioner is referring to. The litigation referenced pertained to the Lodge trust, not to the CRT. 24. After reasonable investigation, M&T Bank is without knowledge or information sufficient to form a belief as to the truth of this averment. 25. Denied. The requests for distribution relate to the Power of Attorney account,not to the Charitable Remainder Trust. 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. By way of further response,pursuant to an agreement between Petitioner and M&T Bank,distributions have been made to Friends Hospital. 26. After reasonable investigation, M&T Bank is without knowledge or information sufficient to form a belief as to the truth of this averment. 27. Admitted, with clarification. Various Judges from the Court of Common Pleas of Cumberland County recused themselves. The venue for the litigation remained in Cumberland County, but Judge Mummah from the Juniata/Perry County judicial district presided over the litigation. 28. Admitted. 29. Admitted. 30. Admitted in part and denied in part. It is admitted that Petitioner was represented by Jeffrey Boswell, Esquire. After reasonable investigation, M&T Bank is without knowledge or information sufficient to form a belief as to the truth of the remainder of this paragraph. 31. Denied. M&T Bank did not consent to modifications of the distribution scheme under any trust. It is admitted that Petitioner was unsuccessful in obtaining a modification of either the Lodge trust or the CRT. 32. After reasonable investigation, M&T Bank is without knowledge or information sufficient to form a belief as to the truth of this averment. It is admitted that M&T Bank did not make any distributions from the CRT directly to Petitioner. 33. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. By way of further response,Petitioner requested that venue of the CRT be changed to Philadelphia County in his Objections to the Third and Partial Account. By Order of Court dated October 24, 2014, Judge Masland denied Petitioner's request to transfer audit of the Third and Partial Account to the Court of Common Pleas of Philadelphia County. 34. Denied. Cumberland County is the appropriate venue for the CRT and will not be unduly burdensome to Petitioner. 35. Admitted in part and denied in part. It is admitted that M&T Bank has requested Petitioner to execute a release prior to distribution. It is denied that M&T's objective was to close the POA account without audit. 36. Admitted in part and denied in part. It is admitted that Petitioner has refused to execute a release. After reasonable investigation,M&T Bank is without knowledge or information sufficient to form a belief as to the truth of reasons that Petitioner has refused to execute the release, other than Petitioner's statement that such refusal was based upon the advice of counsel. 37. After reasonable investigation, M&T Bank is unable to determine which trust Petitioner is referencing in this paragraph. 38. After reasonable investigation, M&T Bank is unable to determine which trust Petitioner is referencing in this paragraph. By way of the further response,Petitioner filed obj ections citing improper venue with regard to the both the Power of Attorney account and the CRT. Venue for the Power of Attorney account was transferred to Philadelphia County,while venue for the CRT has remained in Cumberland County. By Order of Court dated October 24, 2014, Judge Masland denied Petitioner's request to transfer audit of the Third and Partial Account to the Court of Common Pleas of Philadelphia County. 39. Denied. The Report issued by Michael Bangs,Esquire speaks for itsel£ By way of further response, venue for the Power of Attorney account was transferred to Philadelphia County. 40. Denied. This Court's Order speaks for itself. By way of further response,venue for the Power of Attorney account was transferred to Philadelphia County. 41. Admitted. 42. Admitted. 43. Denied. Under the Pennsylvania Rules of Civil Procedure and Local Rules of Cumberland County, Petitioner's objections were not timely. Nevertheless, M&T Bank did not object to their timeliness, and the Court ruled upon Petitioner's objections. 44. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 45. Admitted that the life tenant of the CRT is a resident of Philadelphia County. It is denied, however, that transfer of venue of the CRT to Philadelphia County is appropriate. 46. Denied. The Will and its codicils are documents that speak for themselves. 47. Admitted. 48. Admitted. 49. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 50. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 51. Denied as a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. 52. Denied. Venue is appropriate and should be maintained in Cumberland County. By Order of Court dated October 24, 2014, Judge Masland previously denied Petitioner's request to transfer audit of the Third and Partial Account to the Court of Common Pleas of Philadelphia County. WHEREFORE, Manufacturers and Traders Trust Company respectfully requests that this Court deny the Petition to Transfer Situs and maintain venue of the Charitable Remainder Trust in the Court of Common Pleas of Cumberland County. MARTSON LAW OFFICES By: .�0�� J, Ivo V. Otto III, Esquire I.D. No. 27763 Seth T. Mosebey, Esquir I.D. No. 203046 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: � 1 ��L f�y Attorneys for Manufacturers and Traders Trust Company VERIFICATION 1, James A. Smiley, Vice President of Manufacturers a��d Traders Trust Co�npany, acknowledge that I have the authority to execute this Verification on belzalf of Manufacturers and `I'raders T'rust 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 tltis document is that of counsel and not my own. ( have read the document and to the extent the R.esponse is based upon information which I have given to my coansel, it is true and corr•ect to the best of my knowledge, information and belief. To the extent the content of the Response is that of counsel, l have relied upon counsel in making this Verification. T1�is statement and Verification are made subject to the penalties of 18 Pa. C.S. � 4904 relating to uns�vorn falsification to authorities, which provides that if I knowingly make false lvermcnts, I may be subject to criminal penalties. MANUFACTURERS AND TRADERS TRUST COMPANY B � ��.� y, , es A. Smiley, Vice President 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 14`�Floor- Strawberry Square Harrisburg, PA 17120 MARTSON LAW OFFICES By: , ` ry . Price Ten t High Street Carlisle, PA 17013 (717) 243-3341 Dated: ��