Loading...
HomeMy WebLinkAbout05-25-10MAY ~-1 Lu ~U c~ ~~ ~ Y:1 sa ~ ~ _. ~ Robert R. Church, Esquire ~ ~ ~' ~ , Attorney I.D. # 4+385 ~~.~.~ ~ ~ ar-, ..- cn . , _, t - Keefer Wood Ailen & Rahal LLP , 3 ` ' `~ ``-' . = ' --r-~ 210 Walnut Street ~~ =~ „ , ~~ -~- P Box 11963 O ~' w `~ ~~~' ~-~-' . . Harrisburg, PA 17108-1963 n~ ^' (717) 255-8059 Attorney for Petitioner IN THE MATTER OF THE IN THE COURT OF COMMON PLEAS ESTATE AND TRUSTS OF CLIMBERLAND COUNTY, PENNSYLVANIA HARRY TOULOUMES, a/k/a ORPHANS' COURT DIVISION HARRY N. TOLTLOUMES, NO. 2009-01166 DECEASED DECREE FOR REFORMATION AND MERGER OF DECEDENT'S INTER-VIVOS TRUSTS UNDER 20 Pa. C.S.A. ~~7740.1(b), 7740.5 AND 7740.8 ~~ AND NOW, this ~`~ day of , 2010, upon consideration of the Petition of Mary Touloumes (individually and as Co-Executor), and upon consideration of the materials filed therewith, which have been made part of the record of this case, and upon the Court's discretionary powers set forth in Sections 7740.1(a), 7740.5 and 7740.8 of the Pennsylvania Uniform Trust Act, 20 Pa. C.S.A. §§7740.1(a), 7740.5 and 7740.8, it is hereby ORDERED, DECREED AND ADJUDGED as follows: 1. The Court finds that the interests of all minor, unborn or unascertained beneficiaries are adequately represented by the consenting beneficiaries hereto. 2. That certain inter-vivos Trust Agreement, dated March 26, 1980, between Harry Touloumes (the "Decedent"), as settlor, and Fulton Bank, as Trustee (the "1980 Trust") is hereby amended and reformed as hereinafter set forth, with such reformation to be effective for all purposes from the date of the Decedent's death, September 13, 2009. 3. The 1980 Trust is hereby merged, for all purposes, with and into that certain inter- vivos Trust established by the Decedent, as settlor, and Fulton Bank, as Trustee, by that certain inter-vivos Trust Agreement, dated March 19, 1986 (the "1986 Trust Agreement"). *4. Fulton Bank, as Trustee of the 1980 Trust, shall at all times and for all purposes, hold, administer and distribute any and all trust property of the 1980 Trust, including accrued income, in accordance with the terms of the 1986 Trust Agreement, and such Trust Agreement is hereby ratified and approved for all purposes and is hereby deemed to have been fully executed and accepted by the Trustee during the Decedent's lifetime, as of September 19, 2009. 5. In lieu of the charitable benefits provided in the Decedent's Trust Agreements, the Petitioner, Mary Touloumes, individually, shall make the following individual charitable contributions to the organizations indicated, with the same to be paid in full not later than one year from the date of this Decree: a. $25,000 to Boyd Memorial Center, a Division of the Presbyterian Church of Harrisburg, a/k/a Pine Street Presbyterian Church, 310 North Third Street, Harrisburg, Pennsylvania 17' O 1, without restriction as to use. b. $50,000 to Holy Trinity Green Orthodox Cathedral of Harrisburg, 1000 Yverdon Drive, Camp Hill, Pennsylvania 1701 1, without restriction as to use. 6. Fulton Bank, as Trustee, is discharged from any and all obligations to make distribution of any part of the Trust Estate to Boyd Memorial Center, a division of the Presbyterian Church of Harrisburg, a1k/a Pine Street Presbyterian Church, 310 North Third Street, Harrisburg, Pennsylvania 17101, identified in the 1986 Trust Agreement as Boyd Memorial Center, 234 South Street, Harrisburg, Pennsylvania, and Holy Trinity Greek Orthodox Cathedral of Harrisburg, 1000 Yverdon Drive, Camp Hill, Pennsylvania 17011. By the Court: . ~~c../c.-~ ~ i,v s © , J. In Orphans' Co rt Division` DISTRIBUTION LIST: Holy Trinity Greek Orthodox Cathedral of Harrisburg, 1000 Yverdon Drive, Camp Hill, PA 17011 Boyd Memorial Center, a Division of The Presbyterian Church of Harrisburg, a/k/a Pine Street Presbyterian Church, c/o Elyse E. Rogers, Esq., Keefer Wood Allen & Rahal, LLP, 635 N. 12`h Street, Suite 400, Lemoyne, PA 17043 Pennsylvania Office of Attorney General, Charitable Trusts and Organizations Section, Attn: John L. Downing, Deputy Atty. General, 14`h Floor, Strawberry Square, Harrisburg, PA 17120 Thomas A. French, Esq., Counsel for Fulton Bank/Clermont Wealth Strategies, Rhoads & Sinon, LLP, P.O. Box 1146, Harrisburg, PA 17108-1146 Robert R. Church, Esquire, Keefer Wood Allen & Rahal, LLP, P.O. Box 11963, Harrisburg, PA 17108-1963 ORPHANS' COURT DIVISION COURT OF COMMON PLEAS OF In Re: HARRY TOULOUMES A/K/A HARRY N TOULOUMES CUMBERLAND COUNTY PENNSYLVANIA NO. 21-09-1166 CERTIFICATE OF SERVICE OF ORDER ORDER DATE: OS-25-10 JUDGE'S INITIALS: JWO TIME STAMP DATE: 05/25/10 IN RE: DECREE FOR REFORMATION AND MERGER OF DECEDENTS INTER VIVOS TRUST SERVICE TO: HOLY TRINITY GREEK ORTHODOX CATHEDRAL OF HARRSIBURG BOYD MEMEORIAL CENTER PENNSYLVANIA ATTORNEY GENERAL OFFICE THOMAS FRENCH ESO ROBERT R CHURCH METHOD OF MAILING: ENVELOPES PROVIDED BY• ® USPS ®PETITIONER ^ RRR ^ JUDGE ^ HAND DELIVERED ^ CLERK OF ORPHANS COURT ^ OTHER MAILED: 05/25/10 SERVICE TO: METHOD OF MAILING: ENVELOPES PROVIDED BY• ^ USPS ^ PETITIONER ^ RRR ^ JUDGE ^ HAND DELIVERED ^ CLERK OF ORPHANS COURT ^ OTHER MAILED: Depu Clerk of Orphans' Court