HomeMy WebLinkAbout08-25-05
LAW OFFICI'S
SERRATELLI
SCHIFFMAN
BROWN &
CALHOON, PC.
STEVEN J. SCHIFFMAN
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August 18, 2005
Register of Wills
CUMBERLAND CTY COURTHOUSE
1 Courthouse Square
Carlisle, P A 17013
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Re: Scott Eckert Conservation Memorial Fund
Our File No.: 04-450
Dear Sir/Madam:
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Enclosed please find an original and three (3) copies of a Petition to be
filed regarding the above non-profit corporation. I have also enclosed a check
in the amount of $30.00 to cover the filing fee for this Petition. Kindly time-
stamp the extra copy(ies) and return them to my office in the enclosed
envelope.
Thank you.
Very truly yours,
SERRA TELLI, SCHIFFMAN, BRO\VN
& CALHO N, PC
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Enclosure
L:\sschiffman\SCOTI ECKERT\Ltr Reg of Wills filing Petition.081805.wpd
Steven J. Schiffman, Esquire
Supreme Court Id. 25488
SERRATELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
2080 Linglestown, Rd.
Suite 201
Harrisburg, P A 17110
717-540-9170
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Orphans Court Division
Scott Eckert Conservation
Memorial Fund, a Pennsylvania
Nonprofit Corporation
No.;.,)' " C' S - C' -'1..-<"15/
Petitioner
Petition Pursuant to 20 P.S.6101 et. seq and 15 Pa. C.S. 5547(b) To Dissolve
and Transfer
Assets to Pennsylvania State University, Mont Alto
AND NOW COMES Scott Eckert Conservation Scholarship Fund by its
attorneys, Steven J. Schiffman, Esquire and the law firm of Serratelli, Schiffman
Brown & Calhoon, P.C. who Petitions this Honorable Court for permission to
dissolve and transfer its assets to the Pennsylvania State University, Mont Alto
and avers follows:
1. Petitioner is an IRC 501 (c)(3), Pennsylvania nonprofit corporation
which was incorporated March 9, 1981 with a registered office at 31 East Coover
Street, Mechanicsburg, Pennsylvania, 17055.
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2. Petitioner was incorporated for and has operated for the purpose of
establishing an endowment fund which for the past 23 years has used the
earning from the endowment to grant scholarships to individuals who have
shown an interest in the environment. Said Articles of Incorporation are attached
hereto as "Exhibit A".
3. As of the date of this Petition Petitioner has $217,531.59 in assets
and no liabilities, except for the cost of winding up the affairs of Petitioner for
which a $2000.00 reserve will be kept to pay for the cost of winding up the affairs
of Petitioner. A copy of the balance sheet of Petitioner is attached hereto as
"Exhibit B".
4. Petitioner is a non-membership organization and pursuant to 15 Pa.
C.S. 5974 its Board of Directors has voted to dissolve and to transfer its assets to
Pennsylvania State University, Mont Alto, an IRC 501 (c)(3) educational institution
(PSU). Petitioner has notified all taxing authorities as required by said statute.
5. Petitioner and Pennsylvania State University, Mont Alto, subject to
Court approval, have entered into an agreement to transfer Petitioner's assets to
PSU which shall hold the assets and administer the assets in two scholarship
programs consistent with the original purpose of Petitioner. A copy of the
Transfer Agreements are attached hereto as "Exhibit C" and "Exhibit 0".
6. Additional funds held by Petitioner at the time of distribution will be
transferred to PSU in the following percentages: 15% to the fund described in
"Exhibit C" and 85% to the fund described in "Exhibit 0".
7. Petitioner has provided a copy of this Petition to the Attorney
General of Pennsylvania who has reviewed it and has provided its consent. A
copy of the letter from the Attorney General is attached as "Exhibit E".
8. Petitioner's Board of Directors has determined it is in the best
interest of all for Petitioner to dissolve and transfer its assets.
9. Petitioner believes that the transfer of the assets to PSU is
consistent with the original purpose for which the funds were raised and for which
Petitioner was formed and operated.
Wherefore, Petitioner requests this Honorable Court to issue an Order
authorizing Petitioner to transfer its assets to the Pennsylvania State University,
Mont Alto subject to the terms and conditions of the Transfer Agreements.
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Respectfully subm'
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Supreme ourt Id. 25488
SERRATELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
2080 Linglestown, Rd.
Suite 201
Harrisburg, P A 17110
717-540-9170
Attorney for Petitioner
VERIFICATION
I hereby state that the foregoing document has been reviewed by myself and the facts
set forth in the document are true and correct to the best of my knowledge, infonnation and
belief; and that this statement is made subject to the penalties of 18 Pa. e.s. Section 4904
relating to unsworn falsification to authorities,
Dated:, . <{ - l q ,OS
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Lauren lmgnmd, Chairpe~
Scott Eckert Scholarship Memorial Fund
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Filed Ihi~
9th
day of
. A.D. 19 81
~pplicontr5 Account No.
March
filing Fee 575
AIN.8
61...19
1358
Commonwealth of Pennsylvania
Deportmenl of State
oseB 15.7316 IRBV. 11.72)
727339
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Articles of
Incorporatlo~
Domestic Nonprofit Corporation
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF STATE
CORPORATION BUREAU
Secretary of the Commonwealth
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In complianc~ wi th th~ reqUire men ts of 15 Pa. S. 973! (1 (relat mg to a rlicks of incorporation) the undersigned.
Jeslllng {,I be IncLirpuraled as a nonprCtfil corporation, hereby (;ertdJ~s ((;~rtJfy j that:
The name ol the corporalllm lS:
SCOTT ECKERT CONSERVATION SCHOLARSHIP MEMORIAL FUND
The lOCalllJfl and post office address of the 1I11uai regi~lercti l)ffi~e u( iht' corpoiJriuiI ;;"\ rht) Ccm.tr:cnv~Jeahh is:
31 East Coover Street
(STREET)
{NUMBER)
Mechanicsburg
(CITY'
P~nnsylvallJa
17055
(ZIP CODE)
.' The corpuratlOn IS Il1corporated under the Nonpruflt Curporation Law of tile Commonwealth of Pennsylvania for
the folluwing purpose or purposes:
See attached.
The corporation Jves not conternpLl1e pecunIary gaITl or profit. Incidental or otherwIse.
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. DSC9 157316 (Rev. 11.7?1.2
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The term iur WhlCIl the corporal ion IS to exist is: Perpe tual
,::, The (orr'1f~' \(\n IS {)rganlled upt..)n a nonstuck basi,,_
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(S I rl kl' Oli i If lilappllCabll') The incorporators const i tUtt: a majority of the members of the committee authorized
1" IllL'>rporatc_-S...c.u.t.r F,rkprt r.nn~ervation Scholar..a..hip Memorial Fund
(NAME OF UNINCORPORATED ASSOCIATION)
by tll(' requIsite vOfe required by the organic law of the aSSOciation fDr lhc amendment of such (,rganic law.
^. The ndlTle{s\ and po" ofnce address(es\ of each Incorpllrator(sllS (arc)'
Nr...r.."JE
ADDR ESS
(InC1udtng streec and number, if any~
Leonard A. Green
RD 3, Box 402
Carlisle, Pa. 17013
Ronald R. Freed
3020 Spring Road
Carlisle, Pa. 17013
Robert S. Saline
4635 S. Clearview Dr.
Camp Hill, Pa. 17011
I\' TESTIMO\'Y WHEREOF. the lOcorporator(s) has (havel signed and scaled these Articles of Incorporation this
9th
March
81
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(SEAL)
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(SEAL)
INSTRUCTIONS FOR COMPLETION OF FORM:
A. For general instructions relating to the incorporation of nonprofit corporations see J 9 Pa. Code Ch. 29
(relating to nonprofit corporations generally). These instructions relate ro sllch matters as corporate name,
stated purposes. term of existence, authorized share structure. inclusion of names of first directors in the
Ar!Jclcs of Incorporation. provisions on lflcotporation of unlflcorporated associations, etc.
B. One ur mure cnrporations or natural pcrSL\ns of full age may incorporate a nonprofit corporation.
C If thecurporatlon I' to be organizcJ upon a slock share basis Paragraph 5 should be modjfied accordingly.
D. Optional provml}J)S rctjuirl'u or authorized by law may be added as Paragraphs 8, 9,10 ". etc.
E ThcJollowlflg shall accompany tillS form
(ll5 Any necessary caples of Form D5CB:17.2 (Consent to Appropriation of Name) or Form D5CB:J7.3
(Consent to Use of Similar Name).
(2) Any necessary governmental approvals.
F 15 1'3. S 973!7 (refilling to advertisement) requires that the lI1corporators shall advertise their intention to file
or the corporation shall advertise the filing of articles of lflcurporatiun. Proofs of publication of such
adverlis;ng should not be delivered to the Department, bur should be filed with the minutes of the
(OrpOr31JOn.
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Articles of Incorporation
SCOTT ECKERT CONSERVATION SCHOLARSHIP HEHORIAL FUND
Article 3
Section I. The corporation is incorporated under the Nonprofit
Corporation Law of the Commonwealth of Pennsylvania exclusively
for charitable and educational purposes, including, for such
purposes, the making of distributions to organizations that
qualify as exempt organizations under Section 501(c)(3) of the
Internal Revenue Code of 1954, or the corresponding provision of
any subsequent Federal tax laws. By its existence, the corpora-
tion shall provide a perpetual memorial to Scott Eckert, who
loved the great out of doors. While hunting and fishing ,.;rere
his favorite recreation, he also enjoyed the solitude of spending
a day afield leaIning of the wonders of nature. Through this
corporation, deserving men and women, both young and old without
regard to race, color or creed, will be given the opportunity of
learning more about the conservation of our natural resources,
including our minerals, forests, water, wildlife and air, and
through the knowledge they gain from this training, help bring
about the changes necessary to protect our total environment for
present and future generations. These ideals were exemplified
by Scott during his short life and it is to them that we dedicate
this corporation.
Section II. No part of the net earnings of the corporation
shall inure to the benefit of, or be distributable to, its mem-
bers, trustees, officers, or other private persons, except that
the corporation shall be authorized and empowered to pay reason-
able compensation for services rendered and to make payments and
distributions in furtherance of the purposes set forth in Section
I above. No substantial part of the activities of the corporation
shall be the carrying on of propaganda, or otherwise attempting
to influence legislation, and the corporation shall not partici-
pate in, or intervene in (including publication or distribution
of statements for) any political campaign on behalf of any can-
didate for public office. Notwithstanding any other provision
of these articles, the corporation shall not carryon any other
activities not permitted to be carried on (a) by a corporation
exempt from Federal income tax under Section 501(c)(3) of the
Internal Revenue Code of 1954, or the corresponding provision of
any subsequent Federal tax laws, or (b) by a corporation, contri-
butions to which are deductible under Section l70(c)(2) of the
Internal Revenue Code of 1954, or the corresponding provision of
any subsequent Federal tax laws.
Section III. Upon the dissolution of the corporation, the Board
of Trustees shall, after paying or making provision for the pay-
ment of all of the liabilities of the corporation, dispose of all
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Article 3 (con't)
.
of the assets of the corporation exclusively for the purposes of
the corporation in such manner, or to such organization(s) organ-
ized and operated exclusively for charitable, educational, reli-
gious or scientific purposes as shall at the time qualify as an
exempt organization or organizations under Section 501(c)(3) of
the Internal Revenue Code of 1954, or the corresponding provision
of any subsequent Federal tax laws, as 'the Board of Trustees shall
determine. Any such assets not so disposed of shall be disposed
of by the Court of Common Pleas of the county in which the prin-.
cipal office of the corporation is then located, exclusively for
such purposes or to such organization(s) as said Court shall
determine, which are organized and operated exclusively for such
purposes.
Section IV. In the event the corporation is deemed to be a
private foundation. then it (a) shall distribute its income for
each taxable year ~t such time and in such manner as not to be-
come subject to tax on undistributed income imposed by Section
4942 of the Internal Revenue Code of 1954, or the corresponding
provision of any subsequent Federal tax laws; (b) shall not
engage in any act of self-dealing as defined in Section 4941(d)
of the Internal Revenue Code of 1954, or the corresponding
provision of any subsequent Federal tax laws; (c) shall not
retain any excess business holdings as defined in Section 4943(c)
of the Internal Revenue Code of 1954, or the corresponding
provision of any subsequent Federal tax laws; (d) shall not
make any investments in such manner as to subject it to tax
unde.r Section 4944 of the Internal Revenue Code of 1954, or the
corresponding provision of any subsequent Federal tax laws;
and (e) shall not make any taxable expenditures as defined in
Section 4945(d) of the Internal Revenue Code of 1954, or the
corresponding provision of any subsequent Federal tax laws.
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0907076 MA
THE PENNSYLVANIA STATE UNIVERSITY
PENN STATE MONT ALTO
SCOTT M. ECKERT MEMORIAL CONSERVATION UNDERGRADUATE RESEARCH
FUND
(Revised 2005)
1. NAME: The name of this endowment shall be the "Scott M. Eckert Memorial
Conservation Undergraduate Research Fund."
2. PURPOSE: The purpose ofthis endowment shall be to enrich Penn State Mont Alto by
providing monies for stipends for undergraduate students who are conducting research
projects in the areas of forestry, conservation, sustainability, and environmental sciences.
3. AMOUNT OF FUND: The initial principal of this fund, $30,000, is expected to be
contributed to The PelIDsylvania State University for the above-stated purpose by the Scott
Eckert Conservation Scholarship Memorial Fund. Additional contributions may be made
by interested persons or organizations.
4. EXPENDITURES: Expenditures shall be made in accordance with the University's
Endowment Spending policy and Investment Policies, as may be amended from time to
time, a hue and exact copy of the current Policies being attached hereto as Exhibit 'A.'
Expenditures shall be detelmined by Penn State Mont Alto Campus Executive Officer, and
shall be made to provide for stipends of undergraduate students who are conducting
research projects in the areas of forestry, conservation, sustainability, and environmental
sciences. This is a stipend for services, not academic scholarship.
Any available monies not awarded in a particular year shall either be added to the principal
or retained for award together with the monies available for expenditure in the following
year, as detel1TIined by the Penn State Mont Alto Campus Executive Officer.
5. ENDOWMENT MANAGEMENT: This endowment shall be subject to general guidelines
and policies adopted by the Board of Trustees of The Pennsylvania State University for the
management of endowed funds in accordance with the requirements of the Uniform
Principal and lncome Act, 20 Pa C.S.A. Sections 8101 - 8112 (the 'Act'). Stability of
endowment support and preservation of purchasing power against inflationary pressures
shall be achieved by limiting spending to an annually determined spending rate based on
the market value of the fund. As authorized by the Board of Trustees, the University's
Scott M. Eckert Memorial Conservation Undergraduate Research Fund
Page 2
Investment Council monitors and administers annual endowment spending. Any
investment returns in excess of the designated spending rate are retained in the principal of
the fund and reflected in its market value.
6. AMENDMENT: Prior approval by the Cumberland County Court of Common Pleas-
Orphans Court Division shall be required in order to amend these Undergraduate Research
Fund guidelines in a manner that would effectively change or frustrate the purpose for
which the memorial Conservation Fund was established. The Board of Trustees of The
Petmsylvania State University, in consultation with the donors when possible, and with the
prior approval of the Cumberland County Court of Common Pleas - Orphans Court
Division when necessary, shall have the authOlity to make changes in these guidelines
which are necessary to ensure the fulfillment of the above-stated objectives.
APPROVED: (~a k.~C &i.uv'i)
Lauren Imgrund, Chainna.
Scott Eckert Conservation Scholarship Memorial
Fund
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Thomas Marston reasurer Date
Scott Eckert Conservation Scholarship Memorial
Fund
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ne M. Disney, De.ln
Commonwealth College
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Kenneth S. Babe, Corporate Controller
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Date
OPGE 1/11/2005
PUBLICITY CONSENT FORM
A list of all new University endowments is included on the Board of Trustees Docket. The list
includes the name of the endowment, the name of the donor, the amount contributed and the
purpose for which the endowment has been established. The endowment may also be listed in
the Annual Report of Private Support and may be subject to other University publicity. The
Board of Trustees meeting is open to the public. The University understands that not all donors
want the details of their philanthropy known. In order that we may appropriately safeguard your
privacy, please indicate by check mark the publicity to which you consent and retum this fonTI
along with the signed guidelines for the Scott M. Eckert Memorial Conservation Undergraduate
Research Fund.
C.7s appropriate:
_ We agree to inclusion of the above-referenced fund on the Board of Trustees Docket and
any subsequent publicity generated.
We agree to inclusion of the above-referenced fund on the Board of Trustees Docket, but
no mention should be made of the following:
exclude donor name, indicate as "anonymous"
do not reference amount donated
We request anonymity. The above-referenced fund will be omitted from the Board of
Trustees Docket, the Annual Report and other University publicity.
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Lauren Imgmnd, Chairman ,;
Scott Eckeli Conservation Scholarship Memorial Fund
Date
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Thomas Marston, Treasllrer
Scott Eckert Conservation Scholarship Memorial Fund
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THE PENNSYL VANIA ST ATE UNIVERSITY
PENN STATE MONT ALTO
SCOTT M. ECKERT MEMORIAL CONSER V A TION TRUSTEE SCHOLARSHIP
(Revised 2005)
1. NAME: The name of this scholarship shall be the "Scott M. Eckert Memorial
Conservation Trustee Scholm"ship."
2. PURPOSE: The purpose of this scholarship shall be to provide financial assistance to
undergraduate students enrolled or planning to enroll at Penn State Mont Alto who have a
demonstrated need for funds to meet their necessary college expenses.
3. AMOUNT OF FUND: The principal of this fund, $170,000, will be contributed to The
Pennsylvania State University for the above-stated purpose by the Scott Ecke1t
Conservation Scholarship Memorial Fund. The purpose of the Trustee Scholarship
Program is to encourage the establishment of endowments to provide essential support for
need-based scholarships. In consideration of the donor's willingness to support this
important initiative, the University will make annual additions to the spending account for
this scholarship equal to 5% of the initial principal. The University will also match at 5%
any additional contributions to be made to this fund prior to June 30, 2007 for this purpose.
These matching contributions will continue in perpetuity. Additional contributions may be
made by interested persons or organizations.
4. ELIGIBILITY: Consideration for this scholarship shall be given to all undergraduate
students enrolled or planning to enroll at Penn State Mont Alto who have a demonstrated
financial need and are enrolled in an Agricultural Forest Resources/Environmental
Resource Management major. This scholarship was established to provide support to
individuals who are interested in environmental matters as they relate to protecting present
and future natural resources.
5. CHANGE OF PURPOSE / ELIGIBILITY: The University recognizes that, as a result of
the Memorial Conservation Fund's legal status as a registered IRC 501 c (3) Pennsylvania
nonprofit corporation, the University may not, without prior approval of the Cumberland
County Court of Common Pleas - Orphans COU1t Division, change the purposes or
eligibility for this scholarship in a manner that would alter or frustrate the purposes for
which the Memorial Conservation Fund was established.
Scott M. Eckel1 Memorial Conservation Trustee Scholarship
Page 2
6. SELECTION PROCEDURE: The Trustee Scholarship Program will be administered by
the Office of Student Aid. Recipients of this scholarship shall be identified by the Office of
Student Aid Scholarship Committee in coordination with the Penn State Mont Alto
Scholarship Committee. The Office of Student Aid is responsible for ensuring compliance
with regulations concerning federal, state, and other aid in accordance with University
policy regarding academic scholarships under University control.
7. AMOUNT OF A WARD: The number of scholarships awarded and the amount of each
shall be detemlined by the Office of Student Aid Scholarship Committee in coordination
with the Penn State Mont Alto Scholarship Committee. Scholarships shall be awarded
armually in accordance with the University's Endowment Spending and Investment Policies
as may be amended from time to time, a true and exact copy of the current Policies being
attached hereto as Exhibit 'A.' Any available monies from the University matching funds
and available monies earned by the endowment and not awarded in a particular year shall
be added to funds available for expenditure in the following year.
8. TERM OF AWARD: Each scholarship shall be awarded for one academic year and may be
renewed for subsequent years providing the recipient continues to meet the conditions of
eligibility and funds are available.
9. ENDOWMENT MANAGEMENT: This endowment shall be subject to general guidelines
and policies adopted by the Board of Trustees of The Pennsylvania State University for the
management of endowed funds in accordance with the requirements of the Uniform
Principal and Income Act, 20 Pa C.S.A. Sections 810 I et seq. Stability of endowment
support and preservation of purchasing power against inflationary pressures shall be
achieved by limiting spending to an annually determined spending rate based on the market
value of the fund. As authorized by the Board of Trustees, the University's Investment
Council monitors and administers annual endowment spending.. Any investment returns in
excess of the designated spending rate are retained in the principal of the fund and reflected
in its market value.
10. AMENDMENT: Prior approval by the Cumberland County Court of Common Pleas-
Orphans Court Division shall be required in order to amend these guidelines in a manner
that would effectively change or frustrate the purpose for which the Memorial Conservation
Fund was established. The Board of Trustees of The Permsylvania State University, in
consultation with the donors when possible, and with the prior approval of the Cumberland
County Court of Common Pleas - Orphans Court Division when necessary, shall have the
authority to make changes in these guidelines which are necessary to ensure the fulfillment
of the above-stated objecti ves.
Scott M. Ecke11 Memorial Conservation Tmstee Scholarship
Page 3
APPROVED:
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Thomas Marston: Tre surer
Scott Eckert Conservation Scholarship Memorial
Fund
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David C. Gnag, ampu xecutive Officer
Penn State Mont Alto
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o'ta:11e M. Disney, Deanv )
Commonwealth College
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Omce of Student Aid
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Kenneth S. Babe
Corporate Controller
OPGE 1/1112005
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TOM CORBETT
ATTORNEY GENERAL
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COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
August 16, 2005
Steven J. Schiffman, Esquire
2080 Linglestown Road, Suite 201
Harrisburg, PA 17110-9670
Charitable Trusts & Organizations Section
14th Floor, Strawberry Square
Harrisburg, Pennsylvania 17120
717-783-2853/717-787-1190 (Fax)
mfoerster@attomeygeneral.gov
Re: Scott Eckert Conservation Memorial Fund - Dissolution
Dear Mr. Schiffman:
This will acknowledge receipt of notice regarding the above captioned matter. I have
reviewed the Petition that you have supplied and have no objection. Please provide me with a
copy of the Petition, as filed. Upon receipt ofthe Court's Order, kindly forward a copy to me. so
I may complete my file.
Please be advised that the above review was made pursuant to the parens patriae
authority of this Office and is limited to that function. Thank you for your time and
consideration ofthis matter.
/mtf
Very truly yours, G
ichael T. Foerster
Deputy Attorney General