HomeMy WebLinkAbout72-0025
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
7.-1-1 L- 025
No. of .,wo~
IN RE: TRUST UfW/O MABEL A. ALEXANDER
PETITION TO REFORM TESTAMENTARY TRUST
PURSUANT TO 20 Pa.C.S. &711(2)
,
(
TO THE HONORABLE JUDGES OF SAID COURT:
Petitioner, Wachovia Bank, N.A., respectfully submits this Petition to the Court to issue a
Decree which directs that the Trust described herein be reformed and restated as described in this
Petition and, in support thereof, the Petitioner avers as follows:
1. Wachovia Bank, N.A. is the Trustee of the Trust u/w/o Mabel A. Alexander (hereinafter,
Wachovia Bank, N.A. is referred to as the "Trustee", Mabel A. Alexander is referred to as the
"Decedent" and the Trust u/w/o Mabel A. Alexander is referred to as the "Trust").
2. The Decedent died December 13, 1971 a resident of Cumberland County, Pennsylvania,
leaving a Will dated November 5,1969 which Will was admitted to probate on January 15, 1972
by the Register of Wills of Cumberland County. Letters Testamentary were granted thereon to
The Wyoming National Bank of Wilkes-Barre, Pa. A copy of the Will (hereinafter referred to
as the "Will") is attached hereto as Exhibit "A".
3. The Decedent named The Wyoming National Bank of Wilkes-Barre, Pa. as the original
trustee. Wachovia Bank, NA. is the successor to the original trustee.
3
4. Article TWELFTH ofthe Will provides that the net income of the Trust is to be paid in
perpetuity to The General Board of Rome and Foreign Missions of the Presbyterian Church of
America. The correct beneficiaries of the Trust are now known as the Board of Foreign
Missions of the United Presbyterian Church of North America and the Board of Rome Missions
of the Presbyterian Church in America. The Presbyterian Church (U.S.A.) Foundation is the
attorney-in-fact to administer the activities of each of the beneficiaries.
5. The Presbyterian Church (U.s.A.) Foundation which will be receiving distributions from
the Trust on behalf of the Board of Foreign Missions of the Presbyterian Church of North
America and the Board of Rome Missions of the Presbyterian Church in America is a charitable
organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended
(the "Code").
6. Recently, the Trustee applied to the Internal Revenue Service ("IRS") for Recognition of
Exemption under Section 501(c)(3) of the Code. In order for the Trustee's application to be
granted, the IRS is requiring that the Trust be amended to include certain language. A true and
correct copy of the correspondence from the IRS which sets forth the language required by the
IRS is attached hereto as Exhibit "B".
7. The Trustee desires to amend the Trust as required by the IRS.
8. The Presbyterian Church (U.S.A.) Foundation has consented to the amendment. A copy
of the consent of the beneficiary is attached hereto as Exhibit "C".
9. Notice of the filing of this Petition has been given to the following parties in interest:
Presbyterian Church (U.S.A.) Foundation
200 East 12'h Street
4
Jeffersonville, IN 47130
Lawrence Barth
Office of Attorney General
Third Floor
21 South 12th Street
Philadelphia, PA 19107
WHEREFORE, Petitioner respectfully requests that this Honorable Court order and
decree that the Trust be hereby reformed and restated as described above in this Petition.
ATTEST:
WACHOVlA BANK, N.A.
BY:~UT1I~
5
STATE OF NORTH CAROLINA
ss.
COUNTY OF
MARTHA E. JOHNSON, being duly sworn, deposes and says that she is a Vice
President of W ACHOVIA BANK, N.A., and that the facts set forth in the foregoing Petition are
true and correct to the best of her knowledge, information and belief.
~c~
MAR E. JOIi:M'SON
Sworn to and subscribed
before me this 30 -t\-, day
of JL.\.Y'\ e ,2005.
~~-m
o ~ Public
(8
OFFICIAL SEAL
JO AYM STOVALL
NolIIY Public. North Carolina
FORSYTH COU rJTY
My 0 ssl n E::":;::;,JS
00-
,,-... v
6
I, HAHE:;L A. h1..EAAi{:V;;i~, vi' ~:.:. C'-!.~y Q~ \'!:l.l'-':~a->>nr\~t.~, State
of Pcnm.;ylvania, do hel'oby l~ak::: my last \\.'ill a.nd ':J;'6staDlent. and l'cvoke
all \,'l11s t.y ffie at ~ny t.ime hel~(';t.oforo made:
j"IRS!: I direct thai, .,y body shall be bud ed in the I.loxandel'
f~~ily Durial Plot in Bonton Cewetery, Columbia County, Pa_, between
tho r~f'ave.a of illY f:1othe.r, M.rB. Anna. A. Alexander, and my brothor, Char lei
A. A1exa.nder, And thilt a market' simi.lar to thO;H:: now in place shall be
"
erected on J!l)" gravel.
SECONn: I. give and bequeath:
(A) The sum of ONE THOUSAND ($1,000.00) DOLLARS to my
nephew. TliEROK ALEXANDeR t of Waterbury J Conn 4' or his' issue 4
(II) The SUD! of ONE THOUSAND ($1,000.00) DOLLARS to my
nephew, JAMES D. ALEXANDER, JR., of Waterbury, Conn., or his issue4
(C) The sum of' OllE THOUSAND ($1,000.00) DOLLARS to my
n1 ecc, MRS. HELEN ALEXANDER CESTARO, of Waterbury, Conn., or her issue.
In ttJe event thc.t any of the bequests provided for in
Sub_paragraphs (A) th:-ough (C) h~reof shall lapse, t.he said bequestq
shall ~e divided equally amonf! t.he remaining beneficiarius in this
paragraph second of oy Will.
!J:!!.R.Q: I give and bequeat~ to lXly TRUSTEE hereinafter named, the
sum of FORTY THOUSAND ($40,000.00) DOLLARS, IN TRUST, to invest and re-
invest the same and to pay over the net income therefrom in equal shaP,;
to PENNSYLVANIA STATE UNIVERSITY OF UNIVERSITY PARK, PENNSYLVANIA, and
LYCOMING COLLEGE Of WILLIAMSPORT, PENNSYLVANIA, for the purpose of
.ati~ulating in the student bodies of the ~aid institutions interest in
good citizenship I lonking toward servic.l1 to Govermnent] local] stato al
national thr'ollgh the study of American History and Poll tical science,
Rad such ot.hE.>r COU\'SeB as may creete an intere~t in good citizenship .\'
the Government Qf their Count.ry, the said tl'ust fund to be knoi.rn .[1,:<\ t!J
to any f~thetr, ED",lI.lJ' W. ALttAHDER, and my mother) ANNA A~ ....LEXANOER.
E.IJ'rll: 1 r;:i.vo llnd beC{uc'ath to tlJo YOUI..l"C \'.IONE},PS CIW.XSTIAJ.: ASSI}i
OF WILLIMI,SPOR1', FA.. tho (,U" <>f TWO THDUSANP ($2,000.00) POLLARS to
be used for tho pUL'pObt:! of Btililulating interest in cultu~:'al develop01ent.
llXTll: I r;J.vo and boq'lCath to t.he YOUNG WOHEN'S CHRISTIAN ASS'N
Ot' ATLA1.TIC CITY, N. J'., ;,ho suO> of ONE THOUSA-ND ($1,000.00) DOLLARS
to bet um)d for relilious put1,>oaes imd training in religiou~ work.
SEVEN'J.'lf: I give and bequeath t,o MRS. ADA k. FRANKE) wife of Rev.
C. E. Franke, of tho Philadelphia Conference Methodist Church, the SWIl
of t'I'lE IIUNDRED ($500.00) DOLLARS.
EIGnTH: I give and bequeath to the PRESBYTERIAN CHURCH of which
1 am. a registered membt!::r at the time of rey death, the sum of THREE- TllOltS.U
($3,000.00) DOLLARS.
m1!!' I give and bequeath to THE HOOIlY BIBLE INSTITUTE. 8.0 LaSallE
Street, Chicago, I111no15, the sum of FIVe THOUSAllP ($5.000.00) DOLLARS.
.!~..!IT.li;- I gi vc ;:.nd b6quea.th to the ~El'4TON CEMETERY the aum of TWO
IlUNllRED FIFTY ($250.00) DOll.ARS as an additi(",al endowment fOI' the
perpetual care of the ALEXANDER fA)IILY PLOT.
EI,EVENTH: I g1 ve and bequeath the SUIlI of FIVE THOUSAND ($ 5,000.00)
DOLLARS to be di..ided in equal e!1aree to the ANERICAN NATIONAL RED CROSS,
1'lIE SALVATION ARMY, THE GIRL SCOUTS OF AMERICA, TilE BOY SCOUTS OF AMERICA
THE AllERICAN CANCER SOCIETY, INC., and THE A~JERICAN HEART ASSOCIATION, IN'
1\'JElFTH: 1 give, devise and beque<\th all the rost J residue and
remainder of IftY estate, real and perscnal and wher~soE!iver ~Ji tuate, IN 'fr~u:
t.O all' TRUSTEE hel'eicafter named, to invest and reinvest. t.h~ E.am..~ arid to
pay over the nat incoPlel arioing there! rom to the GENE.RAt BOARD OF HOt.-1E AN:
FOREIGN MISSIOllS OF TilE PRESDYTERIAN CHURCH OF A}IERICA, to be known ".
tho "llABEL ;.. ALEXANDER TRUST FUND".
"".....~-_..
(H) To invcs't; 1n all fot'ms of propet-ty W"ithout bein&
confin~d .to legul iny.6stM~nts for Trustees.
(c) To buy investuents at a premiwa or discount.
(I>) To give pro~feG .
(E) To join In tho merger) cOnf3001idation or rcadjust~ent
of the financial trtructUl'e of any corporation i.n which my estate or the
i
TruB~ may have an interest.
(FJ To s~11 real and persot"lal property at. Public or ,Priva
Sale for cash or credit or partly for each and to give options for sales.
(G) To carry investments in the name of Q nominee.
(H) To distribute hereunder either in cash or in kind.
FOURTEENTH: All estate, inheritance, legacy, succession 01' transfeJ
~axee.impoaed by any laws now or hereafter in force with respect to all
property taxable under such laws by reason of my death, whether cr not~
such properly palises \1nder this my Will and \/hether such taxes be payable
by m7 eatnta or by any rocipient of any suc~ property, shall be paid by
my Executor out of my general estate a~ part of the e~pen5e8 of adGanis-
tration thereof with no right of reimbursement fro. any recipient of any
~uch property.
.flfTEIDIT1!: I nominate, .constitute and appoint THE WYOHING NATIONAL
5ANK OF WILKES-BARRE, PA., EXECUTOR AND TRUSTEE under this my WIll. I
direct that it IJnaJ.l not be required to furnish bond in any jurisdiction
in ~hich it may act.
IN WITNESS w~EREOft I have set my hand and Geal to this
my last Will and Testament which consists
which I have affixed MY signature, this
-P0
.f,-
of tllree (3) pages, to each of
day of ~rvv-<i~ /f<::f
. J
~~!!:'! a. oeO( .,..1.., ..d..tA/ \Sf;,
C~ .
In Re: Estate of Mabel A.
In the Court of Common Pleas of
Cumberland County
Alexander,
Deceased.
Orphans' Court Division
No. 25 of 1972
SCHEDULE Of PROPOSED DISTRIBUTION
Balance in hand for distribution: $432,367.85
Suggestion is made that the balance in hands of the
Accountant for Distribution, to wit, the sum of $432,367.85 be
made to the trustee named in decedent IS last will and testament
in accordance with the terrr,s and directions therein contained
and therefore Distribution is proposed as follows, to wit:
A. To the Wyoming National Bank of
Wilkes-Barre, Pennsylvania, as trustee to
invest and reinvest and to pay over the net
income arising therefrom in equal shares to
Pennsylvania State University of University
Park, Peansylvania and Lyco~ing College of
Willi.arnsport, Pennsylvania, to be known as the
''Mabel A. Alexander Trust Fund" to be used
for the purposes set forth in paragraph
"Third" of decedent I s last will and
testament, the sum of $40,000, together
with accrt1"ec. iLiterest thereon.
.,
B. To the Wyoming National Bank of
Wilkes-DQrre. Pennsylvania as trustee, to
invesc and reinvest and pay over the net
income arising therefrom to the General
Board of Home and Foreign Missions of the
Presbyterian Chur.ch of America to be known
as the "Habel A4 Alexander Trust Fundll,
the entire residue of her estate as set
forth in paragraph IlTweJ-fthll of her last
will and testament, to wit, the amount of
$392,367.85 less interest accruing to the
specific trust dcviGe set forth in paragraph
A above.
Respectfully submitted,
stin Blew~tt, Jr4
rney for Estate of
e1 A. Alexander~ de
'n~.", -'... :0,. .'. '"r",_, ,... ,._,.__.~_
"'. ",.,:" .:i" "'1\:1",':,,;,' 'i~:":t4~}~j
'i'ii'lrrii.1Wi;.I"."~\~)ii~:;'li~~)1J~%l,!\/.:'i;,;, ',,0, ", ~~liJ~ll
\~!~t4~~\t;;/M'~~~~~:' I": .iAlljiQlW&\. ..~:~f~"f.
e;'f ..) r,,~.~~~l~:I\)f~/I'htW~:\~i"'~ ".,;~.j.t~l
, ~~,\} ! 'j'T\< '" ,~H::\;';.f ~::}:t':,."!p'l* ,I " ) "',:\"Ji-I
~t~:'r \ :l,(:,..l~~.~~.\j. t l~.'; ~,'~\r,\~\'lii>,\ '>~";}r"':~i'
l(. "~tA-';'\~ ,f .' ~< J'1'4 '.~!'l., " "" .,l.~ "'. . _, ..~' 'O!,,~
.'.... ," " :,,~,.,r, .j.' " ' :'fi'~ '~~rJ 7l'.t ..... T~<t~' _ ,,,' >~,,~,_
,';'<,".,. J, ,:."'~' .~t' . ,~(... '~l ",.u: l~ ." . I/#L.~ 11>.' .~, t, .~,,:'J '
':~ r, huOn.Uy .ppolq<;q.l!\'b.~~~_'",,~b.:.~;:P:tin"'4 .9f{~..i:j':'~1
;::~.~(:- '., '.. , ~.....~ \ (jt~ ;I:,~ il.~l'>( 1'\1".., ~ ''4, .~. ',~'Ji;'..,
,\., .,. ,.~,)". .fll'<'~;;f ~'.1-~'1 '~'&U~\ "',"1'. ..i,1I-"J'\:. ',>j;".
,"in and fo ""4' "'~~c/"~". ~~, ; r-a. c'If . <'~..:'D.xT.l Cr ~'~'<i' (~~~1.1o~
l"~<' ~"1~}1) ~~';':J)\)~ j'f.~:?1i~,SY~l,'..~~~{Jp'1?;";'l
~".g~!':" ?::id~nt and'Ttu~~~'o~tl.~~~ ~~j:~~5~g~t~'~~aetoi~1 Dan :\~~~vli~~~i;';
'\.tr,~.~.,"i'..~. " "';'," .'.~iJ" " "1'r;.."~. 'tr '.,\." ''/r1r;'''''''- ~
d'i "n:~h1;tQ~. 'oi "~h:: ~~~i: will . ~nd ;T.';~~li~~t'~pt"~~~.t A. At" !~,4: ~;g1f~~'i
:-,:~ ;-<. _,\1',\".' <, ':'r" :. :'/, \ - ,..'~,' . :' ,(~;..>': ':. :' . '~\., ,...~~~ f;,~Y"\"~~.:,';~~i:'~':,
';;'i~e~;;s..4uly ';;'Q';~ .e'eo<d~1'8 ,to.'jil"i" }fa'poses 'a.i4: .i:ii~~i! ;>{i!l~t"~hA':f9~' ''6f .
\~,,'.~;(., "'r.-"~ J". '"7_,,. '.. ~"'~'<l~,^,H;'ii ,P"'!.-,,"";...1".' '-N,'l'<-
~;f~~i~~:l~:~~~t,f#~f~~~"~~'~~h~~i~i~;:~'~:~iEf;f~~:~:''),";~'~:.:'Ji.~~' )fQi.9. ~l
;) ';,;:;>:;,;-,; .~ ,~,c :":~'~;';';"';~~,~';';;~+'~';'-'Lt',',~' - )-}::~:: ~~.~2:':/-"~f.r~":'\8:'~- ':":, ~ l", S-';''':'''
q~'!iv'lt
;~ -'
'~'-'J,......._.
',-,'-,
{.!.,~t;f~1ii~It!'Ji;~Yi::if'
INTERNAL REVENUE SERVICE
. TElGE DIVISION
2 GUPANIA CIRCLE
MONTEREY PARK, CA. 91755-7406
ATT: GROUP 7985, RPD
DEPARTMENT OF THE TREASURY
MABEL A ALEXANDER TRUST FUND
1513844092
C/O FIRST UNION NATIONAL BANK WACHOVI
401 S TRYON ST STE NCl159
CHARLC~E, NC 28288
Employer Identification Number:
13 - 6630324
DLN:
17053171021042
Contact Person:
R. DIZON ID# 95004
Contact Telephone Number:
(323) 869-3939 "'-'\.-\. /-.-tlloS.
Date: AUG 2 3 2002
Response Due Date:
09-13-2002
Dear Applicant:
Before we can recognize your organization as being exempt from Federal
income tax, we must have enough information to show that you have met all legal
requirements. You did not include the information needed to make that
determination on your Form 1023, Application for Recognition of Exemption
Under Section 501(c) (3) of the Internal Revenue Code.
To help us determine whether your organization is exempt from Federal
income tax, please send us the requested information by the above date. We
can then complete our review of your application_
If we do not hear from you within that time, we will assume you do not
want us to consider the matter further and will close your case. In that
event, as required by Code section 6104 (c) , we will notify the appropriate
state officials that, based au the information we have, we cannot recognize you
as an organization of the kind described in Code section SOl(e} (3).
AS a result, the Internal Revenue Service will treat your organization as
a taxable entity. If we receive the information after the response due
date, we may ask you to send us a new Form 1023.
In addition, if you do not provide the requested information in a timely
manner, we will consider that you have not taken all reasonable steps to secure
the determination you requested. Under Code section 7428 (b) (2), your not tak-
ing all reasonable steps in a timely manner to secure the determination may be
considered as failure to exhaust administrative remedies available to you with-
in the Service. Therefore, you may lose your rights to a declaratory judgment
under Code section 7428.
Letter 1312 (DC/PL)
-2 -
MABEL A ALEXANDER TRUST FUND
If you have any questions, please contact the person whose name and
telephone number are shown in the heading of this letter.
Thank you for your cooperation.
Sincerely yours,
Enclosure:
~~"~(
Exempc orga~ZaCiO~CialiSC
List of Missing Items
Leccer 1312 (DC!PL)
- 3 -
MABEL A. ALEXANDER TRUST FUND
1) It was noted that the testamentary trust (applicant) was
initially created as a Usplit interest trustN within the meaning of
section 4947(a}(2} of the Code prior to its filing a request for
recognition of exemption under the exempt provisions of section 501(a),
more specifically under section SOl (c) (3). Accordingly, please state
whether final settlement or distribution was made to satisfy the
interest of the non-charitable beneficiaries. If yes. please provide a
schedule showing the approximate settlement date(s) for all the non-
charitable interest as provided for in the trust instrument, i.e.
testamentary trust. Provide also the decedent/trustor's date of death.
2} Subsequent to the final settlement (or expiration) of the non-
charitable interest, it would appear that the Trust (applicant) could
very well be a nonexempt "charitable trust" described in section
4947(a} (I) of the Code.
Income Tax Regulations S3.4947-l(b) provides in part, that a
"charitable trust" within the meaning of section 4947(a} (I), is a trust
which is Dot exempt from taxation under section SOl{a), all of the
unexpired interests in which are devoted to one or more of the purposes
described in section l70(c} (2) (b), and for which a deduction was
allowed under section 170, S4S(b) (2), etc. ... A charitable trust (as
defined in this paragraph) shall be treated as an organization
described in section SOl(c}(3} and, if it is determined under section
S09 that the trust is a private foundation, then Part II of subchapter
F of chapter 1 of the Code (other than section S08(a), (b), and (c})
and chapter 42 shall apply to the trust. However, the charitab~e trust
is not treated as an organization described in section 50~(c)(3) for
purposes of exemption from ta><ation under section 501(a). (emphasis
ours)
Considering that you are now requesting recognition of exemption
for a 4947(a} (1) trust under section SOl(a}, more specifically under
the exempt-provisions of section 501(c} (3), your organization must
satisfy both the "organizational test" and "operational test"
requirements of section SOl(c} (3). In other words, the (Trust)
organization must be both organized and operated exclusively for one or
more of the purposes specified in such section. (Reg. 1.S0l(cl (3)-
l(a}). Also, its activities must be restricted to those permitted a
section SOl(c) (3) organization, and its assets in operation and upon
dissolution must be permanently dedicated to a section SOl(c} (3)
purpose.
- 4 -
MABEL A. ALEXANDER TRUST FUND
Your organizing document does not meet the organizational test of
section SOl (c) (3) and, therefore, must be amended. Please amend your
Trust instrument to include or reflect the following provisions:
WThis organization (Trust) is organized exclusively for
charitable and educational purposes within the meaning of section
SOl(e) (3) of the Internal Revenue Code."
-No substantial part of the activities of this organization
(Trust) shall consist of carrYing on propaganda, or otherwise attempt
to influence legislation, except as provided in section SOl (h) of the
Internal Revenue Code of 1986,and the corporation shall not participate
or intervene in any political campaign (including the publishing or
distribution of statements) on behalf of or in opposition to any
candidate for public office, except as provided in section SOl (h) of
the Internal Revenue Code of 1986."
WNotwithstanding any other provision of the Trust articles, the
organization shall not carry on any other activities not permitted to
be carried on ta) by an organization exempt from Federal income tax
under section SOl (c) (3) of the Internal Revenue Code of 1986 (or the
corresponding provision of any future United States Internal Revenue
law), or (b) by an organization contributions to which are deductible
under section l70(c) (2) of the Internal Revenue Code of 1986 (or
corresponding provision of any future United States Internal Revenue
law) .*
"The property of this organization (Trust) is irrevocably
dedicated to section SOl (c) (3) exempt purposes and no part of the net
income or assets of this organization (Trust) shall ever inure to the
benefit of any director, officer, or member thereof or to the benefit
of any private person. *
*Upon the dissolution and winding up of the organization (Trust).
after paying or adequately providing for the debts and obligations of
the organization~ the remaining assets shall be distributed to a
nonprofit fund, foundation, association, or corporation organized and
operated exclusively for the purposes specified in section SOl (c) (3) of
the Internal Revenue Code and which has established its tax-exempt
status under that section.-
Please note that amendments made to the trust instrument must be
approved by judicial decree. Please submit a copy of the approved
amendment as soon as you receive it froro the court of jurisdiction.
- S -
MABEL A. ALEXANDER TRUST FUND
Further, please note that the foregoing is advisory only and is
not indicative of an assurance of exempt status under section 501 (c) (3)
until all statutory requirements are met.
3) As noted above, since you are now applying for exemption under
section SOl(c) (3), the filing requirement of section S08(a) now applies
to you.
You failed to file the required notice under section S08(a) of
the Code of your intent to be treated as an organization described in
section SOl (c) (3) within IS months from the end of the month in which
you were formally organized. You filed your request for recognition of
exemption on June 14, 2002, the postmarked date on your application.
Accordingly, under the provisions of section S08(a) (2), we can only
recognize your organization for exemption under IRe SOl (c) (3) effective
the date we received notice (i.e. application) that you are applying
for recognition of such exempt status. which in your case is June 14.
2002.
If you agree to the proposed effective date above, of your
SOl (c) (3) exemption, please sign and submit the enclosed consent
statement.
However, if you do not agree, please state _your reasons.
PLEASE PROVl:DE YOUR RESPONSE OVER THE S:IGNATURE OF AN Atl'l'IIOR:IZED
OFF:ICER OR REPRESENTATJ:VE AND ENCLOSE A COpy OF 'l'B:IS LE'l"l'ER WJ:TH YOUR
RESPONSE .
Enclosure: As stated
Letter 1312 (DC/PL)
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
ORPHANS' COURT DMSION
No.
of 2005
IN RE: TRUST UfW/O MABEL A. ALEXANDER
CONSENT
The undersigned, a duly authorized representative of the Presbyterian Church (U.S.A.)
Foundation, hereby consents to the foregoing Petition to Amend Testamentary Trust.
ATTEST:
Presbyterian Church (U.S.A.) Foundation
~- y---
By: /h; ~
7
>-
t:
~
;7-
co
c'Q~
~~
~
>--t
~~
~
IS)
=
~
-..,
---
t::-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
NO. 21-1972-025
INRE: TRUSTUfWlO
MABEL A. ALEXANDER:
ORDER OF COURT
AND NOW, this 13th day of July, 2005, upon consideration of the Petition To
Reform Testamentary Trust Pursuant To 20 Pa. C.S. 9711(2), a Rule is hereby issued
upon the Office of the Attorney General and the Presbyterian Church (U.S.A.)
Foundation to show cause why the relief requested should not be granted.
RULE RETURNABLE within 14 days of service.
BY THE COURT,
J.
Shari J. Odenheimer, Esq.
Suite 400
200 Four Falls Corporate Center
P.O. Box 800
West Conshohocken, PA 19428-0800
Attorney for Petitioner Wachovia Bank, N.A.
Lawrence Barth, Esq.
Office of the Attorney General
Third Floor
21 South 12th Street
Philadelphia, PA 19107
Presbyterian Church (U.S.A.) Foundation
clo Rochelle M. Brinkley
200 East 12th Street
Jeffersonville, Indiana 47130
:rc
~
o
~o
-:--:0
~-u
:B~~
;::. 4- ::0
'c:cr3;;o;;
uOo
'-',r"J
;je"
- -:0
":,:)':.--1
ft.
....,
<=>
<=>
C.M
<-
<=
r-
.&:'"
"'"
:Jt
C5
..,-
::0
.=0 rn
fTI ('J
~-:?C)
c/).XJ
.--Iel
~~D 2~
o
,-,
--<1
C~
. .... fn
-)(,
T1
PHILADELPHIA
ATLANTA
CHARLOTTE
CHERRY Hill
CHICAGO
DALLAS
DENVER
HOUSTON
LAS VEGAS
lONDON
LOS ANGELES
~)
COZEN
O'CONNOR
ATTORNEYS
NEW YORK
NEWARK
SAN DIEGO
SAN FRANCISCO
$EATTlE
TR~NTON
WASHINGT<DN, DC
WEST CONSHOHOCKEN
WICHITA
WILMI~GTON
A PROFESSIONAL CORPORATION
SUITE 400 200 FOUR FAllS CORPORATE CENTER P.O. BOX 800 WEST CONSHOHOCKEN, PA 19428-0800
610.941.5400 800.379.0695 610.941.0711 FAX www.cozen.com
September 22,2005
Patricia Doma ico
Para egal
Direct Phone 610.941. 392
Direct Fax 866.235. 412
pdomanico@cozen com
VIA CERTIFIED MAIL
Cumberland County Orphans' Court
1 Courthouse Square
Carlisle, P A 17013
Re: Trust U/W/O Mabel A. Alexander, No 21-1972-025
Enclosed please find a Motion to Make Rule Absolute regarding the above matter along with
check payable to your order in the amount of $15.00, representing your filing fee.
By:
Patricia Domanico
Paralegal
_.I
Kindly date stamp and return to us, in the envelope provided, the enclosed copy ofthe Petitio
Also enclosed are addressed stamped envelopes to the interested parties which you require alo
with a copy of the Notice of filing letters to the interested parties, for your information.
Thank you for your assistance in the matter.
-)
...
COZEN O'CONNOR
Q~~
PD
cc: Shari J. Odenheimer, Esquire
PHILADELPHIA
ATLANTA
CHARLOTTE
CHERRY HILL
CHICAGO
DALLAS
DENVE R
HOUSTON
LAS VEGAS
LONDON
LOS ANGELES
~)
COZEN
O'CONNOR
ATTORNEYS
A PROFESSIONAL CORPORATION
SUITE 400
200 FOUR FAllS CORPORATE CENTER P.O. BOX 800 WEST CONSHOHOCKEN, PA 19428-0800
610.941.5400 800.379.0695 610.941.0711 FAX www.cozen.com
September 22,2005
Patricia Domani 0
Parale al
Direct Phone 610.941.2 92
Direct Fax 866.235.4 12
pdomanico@cozen.c m
Lawrence Barth, Esquire
Office of the Attorney General, Third Floor
21 South 12th Street
Philadelphia, P A 19107
Re: Trust U/W of Mabel A. Alexander
Dear Mr. Barth:
Enclosed please find a copy of the Motion To Make Rule Absolute that was filed regarding the
above matter with Clerk of the Orphans' Court of Cumberland County, PA.
Please contact us should you have any questions, regarding the enclosed.
Thank you for your assistance in the matter.
1'...)
.-~
i",:,.:.)
l._;-'j
Cj
Sincerely,
COZEN O'CONNOR
'J
i
( ,)
co
By:
Patricia Domanico
Paralegal
PD
cc: Shari J. Odenheimer, Esquire
.~--:)
.- ~ ~J
-:: )
r i--'I
" ")
I
PHILADELPHIA
ATLANTA
CHARLOTTE
CHERRY HILL
CHICAGO
DALLAS
DENVER
HOUSTON
LAS VEGAS
LONDON
LOS ANGELES
~)
COZEN
O'CONNOR
ATTORNEYS
A PROFESSIONAL CORPORATION
SUITE 400
200 FOUR FALLS CORPORATE CENTER P.O. BOX 800 WEST CONSHOHOCKEN, PA 19428-0800
610.941.5400 800.379.0695 610.941.0711 FAX www.cozen.com
September 22, 2005
Presbyterian Church (U.S.A.) Foundation
Rochelle M. Brinkley
200 East 12th Street
Jeffersonville, Indiana 47130
Re: Trust U/W of Mabel A. Alexander
Dear Ms. Brinkley:
Patricia Doman co
Paral gal
Direct Phone 610.941.2 92
Direct Fax 866.235.4 I2
pdomanico@cozen. om
Enclosed please find a copy of the Motion To Make Rule Absolute that was filed regarding the
above matter with Clerk of the Orphans' Court of Cumberland County, PA. -)
Thank you for your assistance in the matter.
Sincerely,
By: Patricia Domanico
Paralegal
PD
cc: Shari J. Odenheimer, Esquire
",-)
. ... ~i
"
i ,)
")
,-I
,":)
I ! 11
.C)
,::-)
:J
, -:'J
-q
'.~-)
"
'-(j
- :/.]
: .)
j.';-'l
( ) 'J
r"i
COZEN 0' CONNOR
By: Shari J. Odenheimer, Esquire
Attorney J.D. No. 54692
200 Four Falls Corporate Center
Suite 400
West Conshohocken, P A 19428-0800
(610) 941-2355
Attorney for: Trustee
IN RE: TRUST U/W/O
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, P A
: ORPHANS' COURT DIVISION
MABEL A. ALEXANDER
: NO. 21-1972-025
ORDER MAKING RULE ABSOLUTE
AND NOW, this_ day of
,2005, upon the Petition of Shari J.
Odenheimer, Esquire of Cozen O'Connor, the Rule entered on July 13, 2005, Returnable July 7,
2005, is hereby made absolute and the request to Reform the Trust U/W/O Mabel A. Alexand r,
pursuant to 20 Pa C.S. g711(2) is hereby granted.
BY THE COURT:
J.
COZEN 0' CONNOR
By: Shari J. Odenheimer, Esquire
Attorney LD. No. 54692
200 Four Falls Corporate Center
Suite 400
West Conshohocken, P A 19428-0800
(610) 941-2355
Attorney for: Trustee
:"""
IN RE: TRUST UIW 10
COURT OF COMMON PLEAS C? ._
- )
OF CUMBERLAND COUNTY, PAi
ORPHANS' COURT DIVISION ,; I
MABELA.ALEXANDER
: NO. 21-1972-025
MOTION TO MAKE RULE ABSOLUTE
1. On July 7, 2005, a Petition to Reform Testamentary Trust Pursuant to 20 Pa C.S.
~ 711 (2), was filed by counsel for Trustee, Shari J. Odenheimer, Esquire, and served upon all
interested parties.
2. Pursuant to said Petition, a Rule was entered on July 13,2005, Returnable on
July 27,2005 by the Court of Common Pleas of Cumberland County in the person of the
Honorable Wesley Oler, Jr. See Exhibit "A".
3. Said Rule was served upon all counsel and interested parties by the Court on J ly
14,2005.
4. To date, no party has filed a response or interposed any objection to the Petitio .
2
II
, . ':-:;
WHEREFORE, Shari J. Odenheimer, Esquire, Attorney for Trustee, Wachovia B
prays this Honorable Court enter an Order making the Rule Absolute and allow to Reform t e
Testamentary Trust Pursuant to 20 Pa. C.S. S711(2) in the above-captioned matter.
COZEN O'CONNOR
BY: ::tl@LA-r ((~J
SHAJUJ.ODENHE~ER,ESQUTIRE
ATTORNEY FOR TRUSTEE,
W ACHOVIA BANK, N.A.
Dated: (1/.2.-llos"
3
II
VERIFICATION
I, Shari J. Odenheimer, Esquire, verify that the statements made in this Motion to Ma e
Rule Absolute are true and correct. I understand that false statements made herein are made
subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities.
~'l~
SHARI J. ODENHEIMER, ESQUIRE
Dated: 9/211 v(
4
COZEN 0' CONNOR
By: Shari J. Odenheimer, Esquire
Attorney LD. No. 54692
200 Four Falls Corporate Center
Suite 400
West Conshohocken, P A 19428-0800
(610) 941-2355
Attorney for: Trustee
IN RE: TRUST U/W/O
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, P A
ORPHANS' COURT DIVISION
MABEL A. ALEXANDER
: NO. 21-1972-025
AFFIDAVIT OF SERVICE
I, Shari J. Odenheimer, Esquire, hereby certify that a true and correct copy of the Pet" ion
to Reform Testamentary Trust Pursuant to 20 Pa C.S. ~711(2), was sent by Certified Mai1-
Return Receipt to Lawrence Barth, Esquire, Office of the Attorney General and Presbyterian
Church (U.S.A.) Foundation. The original Return Receipts are attached hereto as Exhibit" "
and a copy ofthe transmittal letters are attached hereto as Exhibit "C".
COZEN O'CONNOR
BY:
0hct~/. ~
,
SHARIJ.ODENHEIMER,ESQUIRE
ATTORNEY FOR TRUSTEE,
W ACHOVIA BANK, N.A.
Sworn to and Subscribed
before me thiSo1W day of
~~ '}l05.
NJ;:cp&LIC~~
:TH OF.PEN vAHrA
NOTARIAL SEAl. ..
JOYCE 4. FEINOLER, NotafY PublIc.
WestCooshohocken Bora.. MontQomery Co.
M Commission Expires February.16;2008
5
IN RE: TRUST UIW /0
IN THE COURT OF C0Ml\10N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
NO. 21-1972-025
MABEL A. ALEXANDER:
ORDER OF COURT
AND NOW, this 13th day of July, 2005, upon consideration of the Petition To
Reform Testamentary Trust Pursuant To 20 Pa. C.S. 9711(2), a Rule is hereby iss ed
upon the Office of the Attorney General and the Presbyterian Church (U.S. .)
Foundation to show cause why the relief requested should not be granted.
RULE RETURNABLE within 14 days of service.
BY THE COURT,
J.
Shari J. Odenheimer, Esq.
Suite 00
2 Four Falls Corporate Center
.0. Box 800
West Conshohocken, PA 19428-0800
Attorney for Petitioner Wachovia Bank, N.A.
Lawrence Barth, Esq.
Office of the Attorney General
Third Floor
21 South 12th Street
Philadelphia, P A 19107
Presbyterian Church (U.S.A.) Foundation
c/o Rochelle M. Brinkley
200 East 12th Street
Jeffersonville, Indiana 47130
:rc
~o
~I~
)> -:0
'"7' en ;s;::
000
00-n
OC
o ::0
::o-i
)>
l'....;l
<::::)
=
eon
c...
c:
r-
.-
:I>
%
9
.c:-
:.-0
::n j'"
n"l8
Q::xJ
St.3o
pim
~:oo
C..:>O
:"l-n
~:; ?5
,"- rT1
r-"
coo
,1
SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 411 Restricted Delivery Is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front if space penn its.
1. ArtIcle Addressed to:
J../YUlIlIJ I!.t .&trIA
t'mU tJf )VIii ItfllmJ
1/ ~dh /~1A6/r-td-
Ihl kJ dti; hI I / fJ Ii /9/ () 7
2. Article Number'
(Transfer from seIVICS label)
! PS Form 3811. February 2004
3. Service Type
~ Mall 0 Express Mall
[J Registered I91'mIfrh Receipt for Merchandise
[J Insured Mail' 0 C.O.D.
4. Restricted Delivery? (Extra Fee) 0 Yes
7003 3110 0003 6946 8629
;;/~y,,~02S95-02.M'1540
Domestic Retum Receipt
COZEN O' CONNOR
By: Shari J. Odenheimer, Esquire
Attorney I.D. No. 54692
200 Four Falls Corporate Center
Suite 400
West Conshohocken, PA 19428-0800
(610) 941-2355
1 .~
Attorney for: Trustee
1N RE: TRUST U/W/O
MABEL A. ALEXANDER
COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PA
ORPHANS' COURT DIVISION
NO.21-1972-025
ORDER MAHING RULE ABSOLUTE
AND NOW, this day of o , 2005, upon the Petition of Shari J.
Odenheimer, Esquire of Cozen O'Connor, the Rule entered on July 13, 2005, Returnable July 27,
2005, is hereby made absolute and the request to Reform the Trust U/W/O Mabel A. Alexander,
pursuant to 20 Pa C.S. §711(2) is hereby granted.
7~
-~~
;~ i
(, r'l ~ ~
i
CA y~4
l
v
(Y~C~~ti~.c~. ~.~~~~titi ~"C:
~. _
~~..~L,~C_`>ir~~~f't`~'~~,.r'ti'L~~Vr"~~'1 ~~~~1'\{~C ~~'ic~U.'~i y•
Y Z \'\
f . . ~
~~ ~.
~ ,,
~ ~~ ~ ~, ,
;.
'>. a'~ ,: i~,
~'' '
t ,~. `^,
{^, + ..~
l.a ~ ~,
`j
'~_ f'~ ` + Vii.
~~ ~, ~ ~ ,~
r
,f ~ ~,.
~ ~ ~' ~
~' ~,;~
RV TNF ('(1TTRT•