HomeMy WebLinkAbout08-30-07 (2)
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LAW OFFICES OF
MILLER & ASSOCIATES~ PC
William E. Miller, Jr.
Alicia S. Miller
1822 MARKET STREET · CAMP Hill, PA 17011
TEL: (717) 737-9210. FAX: (717) 737-9215
Of Counsel:
Michael L. Bangs
28 August 2007
Ms. Susan M. Kling
205 Oak Drive
Mt. Holly Springs, PA 17065
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Re: Estate of Ruth E. Smith, Deceased
In the Court of Common Pleas of Cumberland County
C.P. Estate File No. 21-07-0348
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Dear Ms. Kling:
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We represent Hospice of Central Pennsylvania ("Hospice"), a Pennsylvania non-
profit, Internal Revenue Service qualified charitable organization, with its offices located
at 98 South Enola Drive, Enola, Pennsylvania. !t has come to our attention that
Hospice was named as a residuary beneficiary under the Will of Ruth E. Smith, who
died on 9 April 2007. Ms. Smith's Will was admitted to probate by the Register of Wills
of Cumberland County and docketed to the above estate file number. In Mrs. Smith's
Will, she named you as Executrix and we understand Letters Testamentary were
issued to you by the Register.
Hospice was not notified by you as Executrix of its beneficial interest in the
above-captioned Estate as is required under the Orphans' Court Rules promulgated by
the Pennsylvania Supreme Court. When we reviewed the record in the Office of the
Register of Wills, we noted that there were also two (2) specific bequests to two other
charitable organizations, Church of the Brethren in Shippensburg and Stephen's
Memorial Methodist Church in Harrisburg, which were not identified on the filed
Certification of the Rule 5.6.(a) Notice that you signed on 21 July and which was
received by the Register's Office on 23 July 2007. There was a note attached to the
Register's copy of your Certification of Notice, which stated as follows:
"Estate is complete & account will be closed. Susan Kling"
As stated above, Hospice has received no notice from you to date as a
beneficiary entitled to notice under Mrs. Smith's Will. We do not know the value of
Hospice's one-ninth (1/9) residuary beneficiary interest, but there also could be an
obligation to notify the Attorney General of the Commonwealth of Pennsylvania of this
bequest as required by Orphans' Court Rule 5.5. We would appreciate you advising us
of when Hospice can expect to receive payment of its one-ninth (1/9) residuary bene-
ficiary bequest from Mrs. Smith and the amount of that payment.
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Ms. Susan M. Kling
Page 2
28 August 2007
We are writing to you directly because there is no indication in the records of the
Register of the appearance of an attorney representing Mrs. Smith's Estate. We are
providing a copy of this letter to the Register of Wills of Cumberland County, Glenda
Farner Strasbaugh, and to the Chief Deputy Attorney General of the Charitable Trusts
and Organizations Section of the Office of Attorney General, Mark A. Pacella, Esquire,
for their information and possible action. We will expect to hear from you by Friday, a
week from now, 7 September, 2007. If we do not hear from you within that time frame,
we will be forced to consider further legal action. We look forward to your anticipated
cooperation.
Very truly yours,
MILLER & ASSOCIATES, PC
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VVilliam E. Miller, Jr.
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cc: Glenda Farner Strasbaugh, Register of Wills
Mark A. Pacella, Esquire, Chief Deputy Attorney General