HomeMy WebLinkAbout11-21-12IN RE:
TRUS"T OP
Iv1ARGARET L. BALDWIN
Deceased.
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The Commonwealth of Pennsylvania, by its Attorney General, Linc~'r'~',. Kelly,:.as
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pur•ens putriue (Commonwealth), states the following in response to the First and F~a1
Account of PNC Bank, Trustee:
1. Through a granting instrument dated 1461, the settlor directed that one-
third of the income from the trust shall be paid to, "the Masonic Home for Crippled
Children."
2. The trustee has raised the issue of whether the settlor intended to benefit
Masonic Children's Home in Elizabethtown, Pennsylvania or the successor to
Elizabethtown Hospital and Rehabilitation Center at the Penn State University Medical
Center.
3. "fhe Commonwealth, as parens patriae, represents the public"s interest in
charitable assets rather than the interests of the charities themselves.
~. To the extent that the settlor°s intent is not impossible or impractical of
fulfillment, the settlor's intent should be honored.
5. It is in the public's interest that the funds be used to benefit disadvantaged
children in a residential setting as intended by the grantor and as memorialized in the
granting instrument.
6. The Commonwealth acknowledges that both charities are reputable.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 597 of ~-96~4 ~ ~ ~'~
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7. The Commonwealth further directs the court's attention to the fact that
there have been lapses in the payment of income since the death of the last income
beneficiary in 2007.
8. In a telephone call on November 15, 2012, Counsel for the trustee
represented that all unpaid income is currently being held and that all unpaid funds will
be paid in full.
9. The w~dersigned is unable to attend the Audit on November 27, 2012, due
to a cont7ict and has advised counsel of that fact.
WHEREFORE, the Commonwealth respectfully requests that this Honorable
Court:
a. award the funds to he used to benefit disadvantaged children in a
residential setting as intended by the settlor and as memorialized in the
granting instrument; and
b. direct that all unpaid income shall be paid, in full, to the beneficiary;
and
c. order any other relief that this Court deems necessary and appropriate.
Respectfully Submitted:
LINDA L. KF,LLY
Attorney General
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Heather J. Vance-Rittman
Senior Deputy Attorney General
Pa. Attorney LD. No. 82705
Office of Attorney General
Charitable Trusts & Organisations Section
Strawberry Square, 14`x' Floor
Harrisburg, Pennsylvania 17120
Mark A. Nacelfa
Chief Deputy Attorney General
November 19, 2012
IN RE:
TRUST Ol-'
MARGARET L. BALDWIN
Deceased.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
No. 597 of 19F4
1, IIeather J. Vance-Rittman, Deputy Attorney General, being duly sworn
according to law, hereby state that I am a Senior Deputy Attorney General with the
Oftice of Attorney General, Charitable Trusts and Organizations Section, that i am
authorized to make this veriticatiou on behalf of the Office of Attorney General, and the
facts in the Commonwealth's Answer are true and correct to the best of my knowledge,
information and belief.
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HEATHER J. VANCE-RIZ"TMAN
November l 9, 2012 Setuor Deputy Attorney General
Pa. Atty ld. No. 82705
IN RF,: IN THE COURT OF COMMON PLEAS
TRUST OF CUMBERLAND COUNTY, PENNSYLVANIA
MARGARET L. BALD WIN ORPHANS' COURT DIVISION
Deceased.
No. 597 of 1964
NOW, this 19`~ day of November 2012, I, Heather J. Vance-Rittman, Deputy Attorney
General, caused to be served a true and correct copy of the Attorney General's Answer in
the above-captioned action by placing a true and correct copy of same in the United
States First Class Mail, postage prepaid, to the following persons:
Kenneth E. Lewis, Esquire
FOX ROTHSCHILD, LLP
625 Liberty Avenue, 29`x' Floor
Pittsburgh, PA 15222-3115
Robert L. Dluge, Jr., Esuiqre
Counsel for Masonic Villages
DLUGE & MICHE'1'T
133 Mt. Carmel Avenue
P.U. Box 304
Elysburg, PA 17824
Penn State Milton S. Hershey Medical Center
Penn State College of Medicine
Office of Univ. Dev. & Alumni Relations, A120
P.O. Box 852
Hershey, PA 17033-0852
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HEATHER J. VANCE-RITTMAN
Deputy Attorney General
PA. Atty Id. No. 82705
Office of Attorney General
Charitable Trusts & Organizations Section
] 4`~' Floor, Strawberry Square
Harrisburg, PA 17120
(717)783-2853
COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
LINDA L. KELLY
ATTORNEY GENERAL
November 19, 2012
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Charitable Trusts and
Organizations Section
14`h Floor, Strawberry Square
Harrisburg, PA 17120
Telephone: (717) 705-1611
Facsimile: 717-787-1190
hvance_rittman~ attorneygeneral . gov
Glenda Farner Strasbaugh
Clerk of the Orphans' Court
Cumberland County Courthouse
1 Courthouse Square
Room 102
Carlisle, PA 17013
In re: Estate of Margaret L. Baldwin
No. 597 of 1964
Dear Ms. Strasbaugh:
Enclosed for filing please find the Commonwealth's Answer. Please return afile-
stamped copy of the pleading to us in the enclosed self-addressed envelope.
Thank you for your attention to this matter. if you have any questions, please do
not hesitate to contact me.
Sincerely,
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Heather J. Vance-Rittman
Senior Deputy Attorney General
Charitable Trusts & Organizations
Enclosure(s)
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cc: Certificate of Service List