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Home My WebLink About11-02-12 (2)IN RE: IN THE COURT OF COMMON PLEAS OF MARGARET B. MASTERS, CUMBERLAND COUNTY, PENNSYLVANIA Living Person, ORPHANS' COURT DIVISION No. 21-12-1065 RESPONSE TO PETITION TO ALLOW CO-AGENTS UNDER DURABLE POWER OF ATTORNEY TO MAKE ESTATE PLANNING GIFTS The Cathedral Church of St. Stephen and St. Stephen's Episcopal School (collectively, "St. Stephen's"), by their undersigned attorney, respond to the petition in this matter as follows: 1. Admit. 2. Admit in part and deny in part. Admit that Hackett and French are acting as agents. The Durable Power of Attorney is a document that speaks for itself and any averment that misconstrues or misinterprets it is specifically denied. 3. Admit in part and deny in part. Admit that Hackett and French are named in the Durable Power of Attorney. The Durable Power of Attorney is a document that speaks for itself and any averment that misconstrues or misinterprets it is specifically denied. 4. To the extent that the averments of this numbered paragraph state a legal conclusion, no response is required. The remaining averments are denied in that, after reasonable investigation, St. Stephen's is without sufficient information to form a belief as to the truth of the averments. 5. Deny. After reasonable investigation, St. Stephen's is with~tt sufficient -,~, ~' ` T information to form a belief as to the truth of the averments. ~~' '" _ -_ r ° `- - ' ~„ - -~ -~ n.? ' _._ ~'T't ~ ~~ ---- #16971862 v2 6. Deny. The Durable Power of Attorney is a document that speaks for itself and any averment that misconstrues or misinterprets it is specifically denied. 7. The averments of this numbered paragraph state a legal conclusion to which no response is required. 8. The averments of this numbered paragraph state a legal conclusion to which no response is required. 9. The averments of this numbered paragraph state a legal conclusion to which no response is required. 10. Deny. After reasonable investigation, St. Stephen's is without sufficient information to form a belief as to the truth of the averments, except that St. Stephen's specifically denies that Hackett and French have maintained Masters' regular pattern of charitable gifting to them; for example, Masters gave The Cathedral Church of St. Stephen $12,000.00 in 2008 and $10,000.00 in 2009, but her attorneys-in-fact made no gifts in 2010, 2011, or 2012. 11. Deny. After reasonable investigation, St. Stephen's is without sufficient information to form a belief as to the truth of the averments. 12. The averments of this numbered paragraph state a legal conclusion to which no response is required. 13. Deny. After reasonable investigation, St. Stephen's is without sufficient information to form a belief as to the truth of the averments. 14. Deny. After reasonable investigation, St. Stephen's is without sufficient information to form a belief as to the truth of the averments. #16971862 v2 15. Deny. After reasonable investigation, St. Stephen's is without sufficient information to form a belief as to the truth of the averments. 16. Deny. After reasonable investigation, St. Stephen's is without sufficient information to form a belief as to the truth of the averments. By way of further response, however, the risk associated with changing tax rates was, in fact, present at the time that the Durable Power of Attorney was executed. 17. Deny. After reasonable investigation, St. Stephen's is without sufficient information to form a belief as to the truth of the averments. 18. Deny. After reasonable investigation, St. Stephen's is without sufficient information to form a belief as to the truth of the averments. 19. Deny. After reasonable investigation, St. Stephen's is without sufficient information to form a belief as to the truth of the averments. Upon information and belief, however, the premature loss of the income stream from the assets proposed to be gifted will have a substantial impact upon Masters' residuary estate. 20. The averments of this numbered paragraph state a legal conclusion to which no response is required. 21. The averments of this numbered paragraph state a legal conclusion to which no response is required. 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 that the averments state a legal conclusion, no response #16971862 v2 is required. In response to the request for judicial relief, St. Stephen's objects to the extent that the charitable bequests will be negatively impacted by the proposed distribution. 24. Deny. After reasonable investigation, St. Stephen's is without sufficient information to form a belief as to the truth of the averments. WHEREFORE, St. Stephen's objects to the proposed gifts unless and until the impact upon the residuary charities can be assessed and addressed. Respectfully submitted: Thomas B. Schmidt, III (PA 19196) Justin G. Weber (PA 89266) PEPPER HAMILTON LLP 100 Market Street, Suite 200 P. O. Box 1181 Harrisburg, PA 17108-1181 717.25 5.115 5 (phone) 717.238.0575 (fax) schmidtt@pepperlaw. com weber] g@pepperlaw.com November 1, 2012 #16971862 v2 VERIFICATION I, Thomas B. Schmidt, III, am attorney for The Cathedral Church of St. Stephen and St. Stephen's Episcopal School in the above-captioned action, and am authorized to make this verification on their behalf. The facts set forth in the foregoing response are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. § 4905 (unsworn falsification to authorities). Thomas B. Schmidt, III Date: November 1, 2012 #169~ia62 ~a IN RE: IN THE COURT OF COMMON PLEAS OF MARGARET B. MASTERS, CUMBERLAND COUNTY, PENNSYLVANIA Living Person, ORPHANS' COURT DIVISION No. 21-12-1065 CERTIFICATE OF SERVICE NOW, this 1St day of November, 2012, I, Thomas B. Schmidt, III, caused to be served a true and correct copy of the foregoing Response 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 Mail, first class postage prepaid, to the following: Thomas P. Gacki, Esquire Eckert, Seamans, Cherin & Mellott 213 Market Street, 8th Floor Harrisburg, PA 17108-1248 Bryn Mawr College Development Office, Helfarian 101 N. Merion Avenue Bryn Mawr, PA 19010-2899 Heather Vance-Rittman, Esquire Sr. Deputy Attorney General Mark A. Pacella, Esquire Chief Deputy Attorney General Office of Attorney General Charitable Trusts and Organizations Sect. 14th Floor, Strawberry Square Harrisburg, PA 17120 R. Scott Shearer, Esquire Keefer, Wood, Allen & Rahal, LLP 210 Walnut Street P.O. Box 11963 Harrisburg, PA 17108-1963 Thomas B. Schmidt, III #~69~is6z ~z