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HomeMy WebLinkAbout10-31-12 (2)1N RE: MARGARET B. MASTERS, Living Person IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION No. 21-12-1065 ANSWER TO PETITION TO ALLOW CO-AGENTS UNDER DURABLE POWER OF ATTORNEY TO MAKE ESTATE PLANNING GIFTS Theatre Harrisburg, by R. Scott Shearer, Keefer Wood Allen & Rahal, LLP, hereby answers, as follows: 1. Admitted. ~~, ~ - ~ ' ~ ~ ~ , ~ _..i 2. Admitted, upon information and belief ~~ ~-~ `=' r . Q~""`,__ P_" __ ' ~. ~l ~ ~ .. _ 7-7 ,--_ ~~_. A ...~~ G.t~ . s ~ ` 3. Denied, the instrument speaks for itself. After reasonable investigation ~ Q Theatre Harrisburg lacks sufficient knowledge or information to form a belief as to whether Exhibit A to the Petition is a true, correct and complete copy of the described document, and, therefore, Denies the averment. 4. To the extent the averments of this numbered Paragraph state a legal conclusion, no response is required. The remaining averments are Denied in that after reasonable investigation, Theatre Harrisburg is without sufficient information to form a belief as to the truth of the averments. 5. Denied in that after reasonable investigation, Theatre Harrisburg is without sufficient information to form a belief as to the truth of the averments. 6. Denied. The Durable Power of Attorney is a document, which being in writing, speaks for itself and requires no further characterization. 7. Admitted in part; answer otherwise not required. Admitted that Section 5601.2(b) is accurately quoted and speaks for itself. 8. The averments of this numbered Paragraph state a legal conclusion to which no response is required. 9. Admitted in part; answer otherwise not required. Admitted that Section 5601.2(c) is accurately quoted and speaks for itself. 10. Denied in that after reasonable investigation, Theatre Harrisburg is without sufficient information to form a belief as to the truth of the averments. 11. Denied in that after reasonable investigation, Theatre Harrisburg is without sufficient information to form a belief as to the truth of the averments. -2- 12. The averments of this number Paragraph state a legal conclusion to which no response is required. To the extent that a response is deemed required, the averments are Denied due to the uncertainty of future tax rates. 13. Denied in that after reasonable investigation, Theatre Harrisburg is without sufficient information to form a belief as to the truth of the averments. 14. Denied in that after reasonable investigation, Theatre Harrisburg is without sufficient information to form a belief as to the truth of the averments. 15. Denied in that after reasonable investigation, Theatre Harrisburg is without sufficient information to form a belief as to the truth of the averments. 16. Denied in that after reasonable investigation, Theatre Harrisburg is without sufficient information to form a belief as to the truth of the averment. The averment is further Denied due to the uncertainty of future tax rates and the risk associated with changing tax rates was, in fact, present at the time that the Durable Power of Attorney was drafted. -3- 17. Denied in that after reasonable investigation, Theatre Harrisburg is without sufficient information to form a belief as to the truth of the averment. The averment purports to paraphrase written instruments that speak for themselves. 18. Denied in that the averment purports to paraphrase written instruments that speak for themselves. 19. Denied in that after reasonable investigation, Theatre Harrisburg is without sufficient information to form a belief as to the truth of the averment. The averment purports to paraphrase written instruments that speak for themselves. Upon information and belief, the premature loss of the income stream from the gifted assets will have a substantial impact upon the residuary estate. 20. The averments of this numbered Paragraph state a legal conclusion to which no response is required. To the extent that a response is deemed required, the averments are Denied due to the uncertainty of future tax rates. 21. The averments of this numbered Paragraph state a legal conclusion to which no response is required. -4- 22. The averments of this numbered Paragraph state a legal conclusion to which no response is required. 23. The averments of this numbered Paragraph state a legal conclusion and request for judicial relief. To the extent the averments state a legal conclusion, no response is required. In response to the request for judicial relief, Theatre Harrisburg objects to the extent that its charitable bequest will be negatively impacted by the premature distribution. 24. Admitted as to service upon Theatre Harrisburg. WHEREFORE, Theatre Harrisburg objects to the proposed gifts unless and until the impact upon its residuary charitable bequest can be assessed and addressed. Respectfully submitted, Dated: October 31, 2012 THEATRE HARRISBURG R. Scott Shearer Attorney I.D. # 20202 KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8017 Attorneys for Theatre Harrisburg -5- CERTIFICATE OF SERVICE NOW, this 31S` day of October, 2012, I, R. Scott Shearer, Keefer Wood Allen & Rahal, LLP, caused to be served a true and correct copy of Theatre Harrisburg's ANSWER TO PETITION TO ALLOW CO-AGENTS UNDER DURABLE POWER OF ATTORNEY TO MAKE ESTATE PLANNING GIFTS by placing a true and correct copy of same in the United States First Class Mail, postage prepaid, to the following: Thomas P. Gacki, Esquire Eckert Seamans Cherin & Mellott, LLC 213 Market Street, 8`h Floor Harrisburg, PA 17101 St. Stephens Episcopal School 215 North Front Street Harrisburg, PA 17101 Tri-County Planned Parenthood Association, Inc. Planned Parenthood of Northeast, Mid-Penn & Bucks County Headquarters: 1514 North Second Street Harrisburg, PA 17102 Dated: October 31, 2012 Bryn Mawr College Development Office, Helfarian 101 N. Merion Avenue Bryn Mawr, PA 19010-2899 St. Stephens Episcopal Cathedral through counsel Thomas B. Schmidt, III Pepper Hamilton, LLP 100 Market Street, Suite 200 P.O. Box 1181 Harrisburg, PA 17108-1181 Heather J. Vance-Rittman, Esquire Senior Deputy Attorney General Office of Attorney General Charitable Trusts and Organizations Section 14`h Floor, Strawberry Square Harrisburg, PA 17120 THEATRE HARRISBURG By: _ 7'~ R. Scott Shearer Attorney I.D. # 20202 KEEFER WOOD ALLEN & RAHAL, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 (717) 255-8017 Attorneys for Theatre Harrisburg