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HomeMy WebLinkAbout02-0882 . . '. INRE: ESTATE OF RUSSELL STINE, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : NO. ()/. oa .~"(.~ ALLFIRST TRUST'S PETITION TO REFORM THE CHARITABLE TRUST OF RUSSELL R. STINE, DECEASED, PURSUANT TO SECTION 501(c)(3) OF THE INTERNAL REVENUE CODE AND NOW comes Allfirst Trust Company of Pennsylvania, N.A., successor by merger to Dauphin Deposit Bank and Trust Company ("Allfirst Trust"), who, by and through its attorneys, Thomas A. Beckley, Esquire, Thomas S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Petition to Reform the Charitable Trust established by Russell R. Stine, deceased, Pursuant to Section 501(c)(3) of the Internal Revenue Code ("Code"), and in support thereof, avers as follows: 1. Russell R. Stine, ("Stine"), a resident of Lebanon County, Pennsylvania, executed a "Revocable Deed of Trust" ("Trust") on October 13, 1989. A true and correct copy of Stine's Trust is attached hereto as Exhibit A. The Trust was established with a situs of Cumberland County, Pennsylvania. 2. On March 22, 1991, Stine executed an "Amendment to Deed of Trust" thereby amending the Trust. A true and correct copy of the Amendment is attached hereto as Exhibit B. 3. The first paragraph of the Trust instrument appointed Allfirst Trust as the Trustee of the Trust. . . 4. Pursuant to the Trust and the Amendment, AlIfirst Trust paid the income from the Trust to Stine during his life, and, upon Stine's death, the Trust's remaining assets were to be placed into a series of unitrusts for the benefit ofthe following individuals and in the following amounts: I. One hundred thousand ($100,000.00) dollars for James E. Templin. After the death of James E. Templin, or my death, if I should survive him, this Unitrust shall be held for the benefit of James E. Templin, Jr. and Joanne Templin, his wife, jointly or to the survivor of them until they are both deceased. 2. One hundred thousand ($100,000.00) dollars for Eugene F. Eisenhauer. 3. One hundred thousand ($100,00.00) dollars for Harry L. Stausser, Jr. 4. One hundred thousand ($100,000.00) dollars for Mae Catherine Strause. 5. One hundred thousand ($100,000.00) dollars for George C. Rhoad, Jr. 6. One hundred thousand ($100,000.00) dollars for William H. G. Warner. 7. Three hundred thousand ($300,000.00) dollars for Orpha B. Templin. 8. The balance, after setting up the above Unitrusts, shall be a Unitrust for Orpha B. Templin, in addition to that set up in B-7. [Orpha B. Templin is living and this Trust was established and is still in effect.] Amendment to Deed of Trust, Exhibit B. 5. Upon the death of each beneficiary listed in the preceding paragraph, the remaining assets in each individual trust are to be held in trust for the benefit of the 2 , United Way of Lebanon COlmty, Inc. ("United Way"), in a fund known as the Russell R. Stine Trust Fund. (Trust, Paragraph First (D)). 6. On August 6, 1995, Mae Catherine Strause died. Pursuant to the Trust, the remaining assets contained in the unitrust for Ms. Strause were placed into the Russell R. Stine Trust Fund for the benefit ofthe United Way. 7. As of March, 2002, the Russell R. Stine Trust Fund was valued at approximately $121,351.00. 8. The remaining beneficiaries of the unitrusts, to wit, James E. Templin, James E. Templin, Jr., Joarme Templin, Eugene F. Eisenhauer, Harry L. Strausser, Jr., George C. Rhoad, Jr., William H.G. Warner and Orpha B. Templin, are living. 9. The only parties in interest to the Russell R. Stine Trust Fund are as follows: Allfirst Trust - Trustee United Way of Lebanon County, Inc. - Sole Beneficiary Office of the Attorney General - Parens Patriae for Charitable Trusts 10. Allfirst Trust submitted Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code, to the United States Internal Revenue Service ("IRS"), requesting that the Russell R. Stine Trust Fund be exempt from federal income taxation under section 501(a) of the Internal Revenue Code ("Code"). 3 . II. In response to the Trust's Application, the IRS wrote a letter to Allfirst Trust requesting the Trust to add the following language to the Trust instrument in order to qualify for tax exempt status under section 501(c)(3) of the Code: This trust is organized exclusively for charitable purposes within the meaning of section 501(c)(3) of the Internal Revenue Code. Notwithstanding any other provision of this Trust, the Trust shall not carry on any other activities not permitted to be carried on by an organization described in section 501(c)(3) of the Internal Revenue Code (or corresponding section of any futnre federal tax code.) Upon the dissolution and winding up of this Trust, after paymg or adequately providing for the debts and obligations of the Trust, the remaining assets shall be distributed to a nonprofit fund, foundation or corporation organized and operated exclusively for the purposes specified in section 501(c)(3) of the Internal Revenue Code and which has established its tax-exempt status under that section. See Exhibit C attached hereto. 12. The regulations under the Code provide as follows: Distribution of assets on dissolution. An organization is not organized exclusively for one or more exempt purposes unless its assets are dedicated to an exempt purpose. An organization's assets will be considered dedicated to an exempt pm:pose. for example if. upon dissolution. such assets would. b.y reason of a provision in the organization's articles or by operation of law, be distributed for one or more exempt purposes, or to the Federal government, or to a State or local government, for a public purpose, or would be distributed by a court to another organization to be used in such marmer as in the judgment of the court will best accomplish the general purposes for which the dissolved organization was organized. However, an organization does not meet the organizational test if its articles or the law of the State in which it was created provide that its assets would, upon dissolution, be distributed to its member or shareholders. Regs. SI.501(c)(3)-I(b)(4) (underlining added). 4 . 13. If the Trust is able to qualify for tax-exempt status under section 501(c)(3) of the Code, it will not be required to pay federal income tax, and the Trust will be able to distribute the additional income to the United Way as the Trust requires. 14. Reformation of the Trust is desirable to carry out the intentions of Decedent by distributing the maximum amount possible to the United Way. 15. A copy of the proposed Amendment to the Trust was mailed to the United Way on July 23, 2002. The United Way consented in writing to the proposed Amendment. A true and correct copy of the consent form is attached hereto as Exhibit D. 16. A copy of the proposed Amendment to the Trust was mailed to the Office of the Attorney General of Pennsylvania on August 6, 2002. On August 9, 2002, Heather J. Vance-Rittman, Esquire, Deputy Attorney General, wrote a letter to counsel for the Trust indicating that the Attorney General's Office has no objection to the proposed amendment. A true and correct copy of Ms. Rittman's letter is attached hereto as Exhibit E. 17. A court may modify a trust instrument in order to obtain more favorable tax treatment for the Trust. Mode Estate, 22 Fiduc. Rep. 268, 270 (Adams 1972) ("Pennsylvania orphans' courts, including this one, have permitted the amendment and modification of testamentary trusts to comply with the compulsory provisions of the Tax Reform Act in order to retain or obtain favorable tax treatment for such trusts from the Internal Revenue Service"); Smith Foundation, 21 Fiduc. Rep. 242 (Montgomery 1971) (court may reform trust in order to obtain more favorable tax treatment). 5 18. This Court possesses jurisdiction over the administration of trusts and the reformation of any such trusts pursuant to 20 Pa.C.S.A. S 711(3). WHEREFORE, Allfirst Trust respectfully requests this Court to reform the Revocable Deed of Trust established by Russell R. Stine, deceased, pursuant to section 501(c)(3) of the Internal Revenue Code as set forth in this Petition. DATED: SeptembeJU{4 2002 Respectfully submitted, Of Counsel BECKLEY & MADDEN 212 North Third Street Post Office Box 11998 Harrisburg, Pennsylvania 17108-1998 (717) 233-7691 =/i~~ Thomas S. Beckley, Esquire Attorneys for Allfirst Trust Company of Pennsylvania, N.A. 6 . VERIFTCA TION I, John o. Campbell, hereby verify that I am an adult individual; that I am authorized to make this statement of behalf of Allfirst Trust Company of Pennsylvania, N .A.; that I have read the foregoing document; and that the facts set forth in the foregoing document are true to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. ALLFIRST TRUST COMPANY OF PENNSYLVANIA, N.A. ..- .. ., ~ '. .. - . . . .,......- ~. . .... .. REVOCABLE DEED OF TRUST I, RUSSELL R. STINE, desiring to establish a Trust, hereby assign DAUPHIN DEPOSIT BANK AND TRUST COMPANY as my Trustee, the items set forth in Schedule "A" to be held, along with any other Iproperty which may be "added " trust: hereto, upon the following terms of ! FIRST: My Trustee shall hold or distribute the income or principal of this Trust as follows: A. Trustee shall pay to me the income of the Trust at least quarterly and shall also pay to me so much of the principal as I may from time to time request in writing and, in addition, shall payor apply for my benefit so much of the principal as the Trustee deems best for my maintenance. support, and health including but not limited to medical and surgical expenses. B. Upon my death Trustee shall set up the following Unitrusts for the individuals named: 1. ONE HUNDRED THOUSAND ($100,0001 DOLLARS for JAMES E. T~~LIN. After the death of James E. Templin or my death if I should survive him this Unitrust shall b~ held for the benefit of James E. Templin, Jr. and Joanne Templin, his wife, jointly or to the survivor of them until they are both deceased. 2. ONE HUNDRED THOUSAND ($100,0001 DOLLARS for EUGENE F. EISENHAUER. , ! ., ' II I I I i I l I I j I I II . . !I 3. ONE HUNDRED THOUSAND ($100,000) DOLLARS for HARRY L. STRAUSSER, JR. 4. ONE HUNDRED THOUSAND ($100,000) DOLLARS for GEORGE C. RHOAD, JR. 5. THREE HUNDRED THOUSAND ($300,000) DOLLARS for ORPHA B.. TEMPLIN. 6. The balance, after setting up the above Unitrusts, shall be a Unitrust for ORPHA B. TEMPLIN in addition to that set up in B. 5 and, followi ng her death or my death if she shall predecease me, the said Unitrust shall con- tinue for JAMES E. TF.~IPLIN, JR., and JOANNE S. TEMPLIN, his wife, jointly or to the survivor of them. In the event there shall be no balance in this Paragraph, the foregoing Unitrusts set up under Items B. 1 through B. 5 shall be prorated for each of the individuals named on the basis of seven units so that each of the Trusts under items B. 1 through B. 4 shall be one-seventh (1/7th) and the Trust in Item B. 5 shall be three-sevenths (3/7th). C. Trustees shall pay to each of the beneficiaries of the above Unitrusts a Unitrust amount equal to SEVEN AND ONE-HALF (7~%) PERCENT of the net fair market value of his or her Trust valued as of the first business day of each taxable year of the Trus't. The Uni trust amount shall be paid from income and, to the extent income is not sufficient, from principal. Any income for a taxable year in excess of the ~nitrust amount shall be added to the principal. -2- " . . The obligation to pay the Unitrust amount shall commence with the date of my death but payment of the Unitrust amount may be deferred from the date of my death to the end of the taxable year of the Trust in which occurs the complete funding of the Trust. Within a reasonable time afteT the occurrence of such event, the Trustee shall pay the amount determined . under the method described in Section 1.664-1 (a) (ii) of the Federal Income Tax Regulations less the sum of any amounts pre~usly distributed and interest thereon computed at seven and one-half (7~%) percent a year, compounded annually, from the date of distribution to the occurrence of said event. D. Upon the termination by death of any of the afore- mentioned Unitrusts the trust held for such individual or in- dividuals consisting of the then prinCipal and income other than any amount due to the beneficiary shall continue in trust and the Trustee shall pay the income therefrom to the UNITED WAY OF LEBANON COUNTY, I~C. to be used by them for charitable organizations in Lebanon CountYr Pennsylvania. In the event the United Way of Lebanon County,' Inc. should be discontinued the Trustee shall continue to pay the income to such charity 01 charities in Lebanon County, Pennsylvania as would have simila1 charitable purposes. JAMES E. TEMPI.TN, JR. and JOANNE S. TEMPLIN'S Trust shall continue until both are deceased. If any benefiCiary shall predecease me, his or her Trust shall, upon my death, be held in Trust for the UnLted Way as provided above. This Trust shall he known as the Ru.ssell R. Stine Trust Fund. -3- Ii " . . . . SECOND: If the net fair market val~e of any of the Unitrust assets is incorrectly determined by the Fid- " ciary for any taxable year, then within a reasonable period of I~ime after the final determination of the correct value, the Truste IShall pay the named beneficiary in the case of underevaluation or I shall receive from.such named heneficiary in the case of an over- leval~ation, an amount equal to the difference between the Unitrust lamo~nt properly payable and the Unitrust amount actually paid. In determining the Unitrustamount, the Trustee shall prorate the same, on a daily basis, for a short taxable year and for the taxable year of the named beneficiary's Jeath. Except for the payment of the Unitrust amount to each named "beneficiary, the Trustee is prohibited from engaging in any act of self-dealing as defined in Section 4941 (J) of the Internal Revenue Code of 1954, from retaining any excess busine~s hOldings as defined in Section 4943 (c) of the Code, from making any investments which would subject the Trust to tax under Section 114944 of the Code, Ifined in Section ~istrib~tions at and from making any taxable expenditures as de- 4945 Cd) of th, Code; The Trustee shall make such time and in such manner as not to subject the Trust to tax under Section 4942 of the Code. I Nothing in this Trust shall be construed to restrict the ~rustee from investing the Trust assets in a manner which could Ces~lt in the "ann~al realization of a reasonable ,amount of income ~r gain from thci sale or disposition of Trust assets. lies I I I I THIRD: The interests of the beneficiar- hereunder shall not be suhject to anticipation or to voluntary -4- , , " . - . l' -I' . r 1nvo untary a 1enat1on until distribution is actually made. FOURTH: My Trustee shall have the power , !rithout court approval, except as otherwise provided with respect I~o the charitable remainder Unitrusts: I I I I I I I (a) to accept in kind and retain any property which I may own at my death, including stock of DAUPHIN DEPOSIT BANK CORPORATION and its affiliates or SUCCessors, without regard to any principal of diversification and to invest in or purchuse uny form of prop,;rty, including any CODUnon Trulit Funll of the Corporate Trustee, without restriction to legal invest- ments for fiduciarieli. (b) to sell at public or private sale, exchange or lease for any period of time any real or personal ,property, and to give options for sales or leases. (c) to borrow money including money from the Corporate Fiduciary and to mortgage or pledge any real.or personal propert (d) to register property in the name of a nominee or to hold property unregistered. (e) to compromise c13ims. (f) to distribute property in kind. (g) for the purpose of facilitating the administration of my elitate; to lend money to my personal reprelientative on such terms and conditions as my Trustee may, deem proper; to purchase ~rom my personal representative such property ali my Trustee may select and, to the extent that ~uch taxes have not been paid from my testamentary estate pursuant to a direction in my Will, to pay, out of the principal of this Trust, any -5- . . .. . . . . taxes (including interest and penalties thereon) which may be due any State or the Federal Government by reason of my death with respect to. any property forming part of my estate for the purpose of calculating such taxes. FIFTH: I rescrve the right to revoke r amend this Trust in. whole or in part, at any time and from time to time by an instrument in writing, delivered to the Trustee and intended to take effect during my lifetime except that the duties, ower and liabilities of the Trustee shall never change without its written consent. SIXTH: My Trustee shall receive com- ensation for the performance of its functions hereunder in accor- ance with its Schedule of Fces in effect from time to time during the period over which its services are performed. SEVE~TH: The Situs of this Trust shall e Cumberland County, Pennsylvania. EXECUTED ON t9- c Q""":"'L , 1989 ..,;> /~~ " Wi ess AI" . [/ j --. 'J~"'~ 9 ~?L '- ~ llXV~~ -6- 11 . . , ~ The foregoing . . Executed on Trust is~ereby accepted. u.c:f2. IS Ii -7- . 1989 DAUPHIN DEPOSIT BANK AND TRUST COMPAN d BY: ~ ,_ R~~ y~ / ~...;z<:;..,.t. #' .... . .-' ; . - . . . . . COMMONWEALTH OF PENNSYLVANIA : COUNTY OF LEBANON . On this, the . I..:b'd- day of -ff},..JI':::A t-.......... , 1989, before me, a notary public in and for the said Commonwealth and County, personally appeared RUSSELL R. STINE, known to me (or satisfactor- ily proven) to be the person whose name is subscribed to the foregoing Revocable Living Trust and acknowledged that he executed the same for the purposes therein contained. WITNESS my hand and notarial seal. ~~lfZ A"rdk# <!Ju.....- NfJtii:y Public My Comm. Exp.: "t/~/9,;J. Lebanon, Lebanon Co., PA i .. .' I .'" .' .~.. ~:;;,CJ Ruth c. s:.:.~:: .....:.~. :~IJ:~Y ~I.;bli~ Lo;.:.::.:::.:,_ ..... ::..~u"! l,;,:;~:r.ly t..~.: Q._"'::~...k ". -, '~;"'.-': 1-".:.':-'. .t, 1c;;~ - -..... II -_..-..._~ ~w CII,,.CI;S ..&.T1I 'W"lJMO'U- .IL ""IUISTDWirN. P. ~..-.HQ". P. .-' .., . ,- , . . . - '-"-..-- -.--- FIRST: B. Upon my death, the Trustee shall set up the following Unitrust for the individuals named. 1. ONE HUNDRED THOUSAND ($100,000.00) DOLLARS for JAMES E. TEMPLIN. After the death of James E. Templin, or my death if I should survive him, this Unitrust shall be held for " the benefit of James E. Templin, Jr. and Joanne Templin, his wife, jointly or to the survivor of them until th~y are both deceased. 2. ONE HUNDRED THOUSAND ($100,000.00) DOLLARS for EUGENE F. EISENHAUER. 3. ONE HUNDRED THOUSAND ($100,000.00) DOLLARS for HARRY L. STRAUSSER, JR. 4. ONE HUNDRED THOUSAND ($100,000.00) DOLLARS for MAE CATHERINE STRAUSE. I, RUSSELL K. STINE, hereby amend my Deed of Trust, dated October 13, 1989, to the Dauphin Deposit Bank and Trust Company, '. ---..... AMENDMENT TO DEED OF TRUST by revoking' Item First B, and substituting in its place the following Item: -, ," .. ~ . . 5. ONE HUNDRED THOUSAND ($100,000.00) DOLLARS for GEORGE C. RHOAD, JR. 6. ONE HUNDRED THOUSAND ($100,000.00) DOLLARS for WILLIAM H. G. WARNER. 7. THREE: HUNDRED THOUSAND ($300,000.00) DOLLARS for ORPHA B. TEMPLIN. 8. The balance, af"ter setting up the above Unitrusts, shall be a Unitrust for ORPHA B. TEMPLIN in addition to that set up in B-7, and following her death, or my death if she shall predecease me, the said Unitrust shall continue for JAMES E. TEMPLIN, JR. and JOANNE S. TEMPLIN, his wife, jointly or to the survivor of them. In the event there shall be no balance passing under this Paragraph 8, the foregoing Unitrusts set up under Items B-1 through B-7 shall be prorated for each of the indi viduals named on the basis of nine (9) units so that each of the Trusts under Items B-1 through B-6 shall be one-ninth (1/9) and the Trust in Item B-7 shall be three-ninths (3/9) . AIIIIJ O""C.C.a. JU W"IJMOYlI. ..... L'U,TOWH. ". oUIAHOH. ". -2- .,' - . . . SECOND: In a~~ other respects, I ratify ana confirm my Deea of Trust aatea October 13, 1989, to the Dauphin Deposit Bank ana Trust Company. EXECUTED ,ON March 22 , 1991. WITNESS: .'I~ \j~Q.~..>..?,'~U;:"";;-J \ (L Russe~l R. Stine c..... 1 ~! ,~.R:::x..- ~ -- . \3) (SEAL) The foregoing Amendment to Deed of Trust is hereby acceptea by the Dauphin Deposit Bank ana Trust Company. Executed on March 22 , 1991 DAUPHIN DEPOSIT BANK AND: TRUST COMPANY BY: ...../'/ !;;:-b/ . ..:7~ /: /-~~ /.. -I. L' -~-r . t... '".. t'.--..... /7.- '- v .....w O"PICItA .111 wMUMQru. JL rU.TOWN. ... ~.."OH. ,.. -3- -c/' f\",t.- . . ..p /;C:; .5..50 I . INTERNAL REVENUE P. O. BOX 2508 CINCINNATI, OH SERVICE -- DEPARTMENT OF THE TREASURY 45201 Date: '/1-.2-0 -0/ II S'<.jl ~ 5 & 0 ~ RUSSELL STINE T/A F/B/O UNITED WAY OF LEBANON C/O ALLFIRST TRUST 21 E MARKET ST M/C 402-130 YORK, PA 17401 Employer Identification Number: 25-6500578 DLN: 17053180010051 Contact Person: TERRY IZUMI ID# 95048 Contact Telephone Number: (3D) BB~ 3J~ { d'l7 'l1'f~P6 - <(r; Response Due Date: 11/30/01 Dear Applicant: Thank you for the information recently submitted regarding your applica- tion for exemption. Unfortunately, we need more information before we can complete our consideration of your application. Please furnish the information requested on the enclosure by the response due date shown above. If you have any questions concerning this matter, or you cannot meet the response due date, please contact the person whose name and telephone number are shown in the heading of this letter. Thank you for your cooperation. Sincerely yours, ~~~ ~ Organization Specialist Enclosure: List of data needed Letter 2382 (DC/PL) y-U/ ~ -- J)o ~ tV) T . . 1) Additional information needed For an organization to qualify as one described in section 501 (c) (3) of the Code, its governing instrument must contain certain provisions. The following will explain what you must do to meet this requirement. It will be necessary for you to amend your Trust agreement. Please add the fOllowing items to your existing provisions. "This organization is organized exclusively for charitable purpose within the meaning of section 501 (c) (3) of the Internal Revenue Code. "Notwithstanding any other provision of these Articles, the organization shall not carry on any other activities not permitted to be carried on by an organization exempt from Federal income tax as an organization described in section 501 (c) (3) of the Internal Revenue Code (or corresponding section of any future federal tax code. "Upon the dissolution and winding up of this organization, after paying or adequately providing for the debts and obligations of the organization, the remaining assets shall be distributed to a nonprofit fund, foundation or corporation organized and operated exclusively for the pUrposes specified in section 501 (c) (3) of the Internal Revenue Code and which has established its tax-exempt status under that section. Amendments made by testamentary trusts must be approved by and filed with the proper court of your state. Please submit a copy of the approved amendment as soon as you receive it from the appropriate state court. [NOTE] PLEASE MAIL YOUR RESPONSE TO: INTERNAL REVENUE SERVICE ATTN: TERRY K IZUMI/EOG-4 2 ctJPANIA CIRCLE MONTEREY PARK CA 91755 INRE: ESTATE OF RUSSELL STINE, Deceased : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : NO. CONSENT OF THE UNITED WAY OF LEBANON COUNTY, INC. I, pMR\<:: iN. lI.ffl'l1t1JN , hereby verity that I am adult individual, that I am authorized to make this statement on behalf of the United Way of Lebanon County, Inc., and do hereby state that the United Way of Lebanon County, Inc., does hereby consent to the insertion of the following language into the Russell R. Stine Revocable Deed of Trust: Paragraph First (D): * * * This trust is organized exclusively for charitable purposes within the meaning of section 501(c)(3) ofthe Internal Revenue Code. Notwithstanding any other provision of this Trust, the Trust shall not carry on any other activities not permitted to be carried on by an organization described in section 50 1 (c)(3) of the Internal Revenue Code (or corresponding section of any future federal tax code.) Upon the dissolution and winding up of this Trust, after paying or adequately providing for the debts and obligations of the Trust, the remaining assets shall be distributed to a nonprofit fund, foundation or corporation organized and operated exclusively for the purposes specified in section 501(c)(3) of the Internal Revenue Code and which has established its tax-exempt status under that section. UNITED WAY OF LEBABON COUNTY,INC. tna4 ~ ~ COMMONWEALTH OF PENNSYLVANIA OFFICE OF ATTORNEY GENERAL August 9, 2002 MIKE FISHER ATTORNEY GENERAL Charitable Trusts and Organizations Section 14th Floor, Strawberry Sq. Harrisburg, PA 17120 Telephone: (717) 783-2853 Facsimile: (717) 787-1190 Thomas S. Beckley, Esquire BECKLEY & MADDEN Cranberry Court 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 Re: Russell R. Stine Trust Fund Dear Mr. Beckley: I have reviewed the documents that were submitted concerning the reformation of the above-captioned trust. The letter will confirm that based upon the information that you provided to us, I have no objection to the proposed reformation. The above review was conducted pursuant to the parens patriae function of this Office and has no bearing on any matter unrelated to that function. It should be noted that our decision not to object to the proposed reformation has no bearing on either our right to receive future notice or our ability to object in the event that the Trust elects to dissolve. Please provide us with a copy of the filed petition, when completed. Thank you. Very truly yours, 7IoviA-'.cY 1~~_-L _ -;:{-;t{.~~" Heather J. Vance-Rittman Deputy Attorney General . CERTIFICATE OF SERVICE I, Thomas S. Beckley, Esquire, hereby certify that on this day a true and correct copy of the foregoing document was served upon the person and in the manner indicated below: SERVICE BY FIRST CLASS MAIL Mark W. Hoffman The United Way of Lebanon County 80 I Cumberland Street Post Office Box 1164 Lebanon, Pennsylvania 17043-1164 Heather J. Vance-Rittman, Esquire Deputy Attorney General Office of the Attorney General Charitable Trust Section Strawberry Square, 14th Floor Harrisburg, Pennsylvania 17120 DATED: SeptembeJGl42002 ~ Thomas S. Beckley " ~, V~ 1\," ~~. z- '~ .~... r ~. ~ ~'>Z!" ~ ",. ",1 -, I... ",. !~::~ I'd I:') "') (..1 "- ~ ~ ~ l ~ f 'e 0(YS~~) "0'~~~ r~~~~ . '- ~ ~ f"- ~ ~ ~. ~ ~~ ~ ~ '" ('~ 0, ~ o (. , " ;.~! c / -----~....::..:......... "' \1, J ~ " ',' \ j , ,\ "':", \\\\\\ I j ~ t :: t " . , () ...... \ D'\, ~ OCT 0 1 2002 t INRE: ESTATE OF RUSSELL STINE, Deceased IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ORPHANS' COURT DIVISION : NO. .;21-0~' 'b'g c:l. AND NOW, this ~ OROER day of ()J , 2002, after consideration of the Petition to Reform the Revacable Deed of Trust of Russell R. Stine, deceased, it is hereby ORDERED and DECREED that Paragraph First, Subsection D of the Trust be reformed by the addition of the following language at the end of Subsection D: This trust is organized exclusively for charitable purposes within the meaning of section 501(c)(3) of the Internal Revenue Code. Notwithstanding any other provision ofthis Trust, the Trust shall not carry on any other activities not permitted to be carried on by an organization described in section 50 I (c )(3) of the Internal Revenue Code (or corresponding section of any future federal tax code.) Upon the dissolution and winding up of this Trust, after paying or adequately providing for the debts and obligations of the Trust, the remaining assets shall be distributed to a nonprofit fund, foundation or corporation organized and operated exclusively for the purposes specified in section 50 I (c )(3) of the Internal Revenue Code and which has established its tax-exempt status under that section. J.