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Home My WebLink About11-18-14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: ORPHANS' COURT DIVISION ESTATE OF SARA MCCREA CHAPMAN Case No. 21-09-0329 JONES 21-78-0442 COMMONWEALTH'S RESPONSE TO THE GUARDIAN'S PETITION TO TRANSFER SITUS OF THE SARAH McCREA CHAPMAN JONES CHARITABLE REMAINDER TRUST UNDER WILL DATED 9/8/76 F/B/O ALFRED McCREA CHAPMAN TO PHILADELPHIA COUNTY Filed on behalf of the Commonwealth: COMMONWEALTH OF PENNSYLVANIA by Kathleen G. Kane Attorney General Counsel of Record for this Party: Michael T. Foerster Senior Deputy Attorney General PA ID #78766 Office of Attorney General Charitable Trusts & Organizations Section 14th Floor— Strawberry Square Harrisburg, Pennsylvania 17120 c� s rn _.a CO -71 M N 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 c -, Q C � C:)- C7 � rq-i r-, co COMMONWEALTH'S RESPONSE TO THE GUARDIAN'S PETITION TO TRANSFER SITUS OF THE SARAH McCREA CHAPMAN JONES CHARITABLE REMAINPI ER, TRUST UNDER WILL DATED 9/8/76 FB/O ALFRED McCREA CHAP' AN PHILADELPHIA COUNTY r cn ca AND NOW comes the Commonwealth of Pennsylvania, by its Attorney General acting in her capacity as parens patriae,to respond to the Guardian's Petition To Transfer Situs of the Sarah McCrea Chapman Jones Charitable Remainder Trust Under Will Dated 9/8/76 F/B/O Abed McCrea Chapman To Philadelphia County as follows: L -30. The Commonwealth is without specific knowledge or does not deny the various allegations in these paragraphs. 31. ADMITTED and DENIED. It is ADMITTED that the Commonwealth objected to the request to change the trust from its current structure, i.e. a Charitable Remainder Unitrust obviously set up to coriform with the specific requirements in-26 U.S.C. §664 and its IRS regulations. The request was obviously contra to testamentary intent and would have been wholly to the detriment of the charitable remaindermen. The remaining allegations in the paragraph are DENIED: the Commonwealth has no recollection of any willingness from the Trustees to abandon the Settlor's plain testamentary intent, it is respectfully submitted that the Trustees had no ability to alter the Settlor's intent if that were in fact their position; there was no need to negotiate or mediate as the Commonwealth's position was entirely in the right; and any dilution of the Testator's intent would have been obviously against the charitable interests in the trust. 32. The Commonwealth is without specific knowledge of the allegations in this paragraph and requests specific proof of the same.. 33. DENIED as a conclusion of law. This is a Cumberland County trust. 20 Pa. C.S. §7708(b)(1)(i). 34. -38. After reasonable investigation, the Commonwealth is without specific knowledge of the allegation. in these paragraphs thus the allegation is denied and the Commonwealth requests specific proof the same. 39. It is ADMITTED that Attorney Bangs issued a report, which speaks for itself. Any allegations contrary to the plain wording of that report are DENIED. It is further DENIED that all matters involving Alfred Chapman are under the control of Philadelphia County. 40. It is ADMITTED that Cumberland County issued an Order on March 4, 2014. It is DENIED that the Order affects this trust. At the very least, the proceeding did not afford due process to the beneficiaries;'of this trust, in order to allow for a change in situs. In other words, the Commonwealth and upon information and belief the trust beneficiaries did not receive notice and the opportunity to respond. 41. The Commonwealth is without specific knowledge of the allegations in this paragraph and requests specific proof of the same. 42. ADMITTED. 43. ADMITTED. 44. DENIED. The alleged standard paraphrased in this paragraph is not an adequate summary of 20 Pa. C.S. §722. That section states: When a Pennsylvania court has jurisdiction of any trust, testamentary or inter vivos, except as otherwise provided by law, the venue for all purposes shall be in the county where at the time being is the situs of the trust. The situs of the trust shall remain in the county of the court which first assumed jurisdiction of the trust, unless and until such court shall order a change of situs under the provisions of this chapter. 20 Pa. C.S. §722. Moreover, Pennsylvania's version of the Uniform Trust Code addresses change of situs, to wit: (g) Court-directed change in situs.--A court having jurisdiction of a testamentary or inter vivos trust, on application of a trustee or any party in interest,.after notice as the court shall direct and aided if necessary by the report of a master and after accounting as the court shall require, may direct, notwithstanding any other provision of this chapter, that the situs of the trust shall be changed to any other place within or without this Commonwealth if the court shall find the change necessary or desirable for the proper administration of the trust. 20 Pa. C.S. §7708(g) 45. -48. ADMITTED. 49. DENIED as a conclusion of law. The appropriate standard for transfer of venue is quoted supra in paragraph 44. 50.— 52. DENIED as conclusions of law. WHEREFORE, the Commonwealth respectfully requests that the Honorable Court retain jurisdiction over this trust. Respectfully Submitted: KATHLEEN G. KANE Attorney Ge 1 By: h�—'� k, ICHAEL T. FOERSTER Senior Deputy Attorney General Pa. Attorney No.: 78766 Office of Attorney General Charitable Trusts & Organizations Section MARK A. PACELLA 14'"Floor—Strawberry Square Chief Deputy Attorney General Harrisburg, Pennsylvania 17120 717-783-2853 November 17, 2014 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 November 17, 2014, I caused true and correct copy of the foregoing document titled Commonwealth's Response To The Guardian's Petition To Transfer Situs Of The Sarah Mccrea Chapman Jones Charitable Remainder Trust Under Will Dated 9/8/76 f/b/o Alfred Mccrea Chapman To Philadelphia County 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 6 0 ICHAEL T. FOERSTER Senior Deputy Attorney General Office of Attorney General Charitable Trusts & Organizations Section 14'' Floor—Strawberry Square Harrisburg, Pennsylvania 17120