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HomeMy WebLinkAbout12-29-05 IN RE: SUDEN CHARITABLE REMAINDER UNITRUST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA ORPHANS' COURT DIVISION : No. 05-1045 IN RE: PETITION TO REFORM BEFORE OLER, J. ORDER THE COURT AND NOW, this 28th day December 2005, upon consideration of the Petition for Leave To Reform Trust, and of the attached letter from Jennifer 1. Denchak, and of the attached consent from the Jewish Community Foundation of Central Pennsylvania, the Suden Charitable Remainder Unitrust is amended as follows: (a) Section 2(B) will now read as follows: 2(B) The unitrust amount shall be an amount equal to 6% of the net fair market value of the assets of the trust valued as of the first day of each taxable year of the Trust (the "valuation date"). (b) The effective date of the reformation is January 1,2005. ( c) Trustee be authorized to take any and all actions necessary to implement the revised definition of the unitrust amount. THE HEARING previously scheduled for Thursday, March 30, 2006, is cancelled. BY THE COURT, James A. Ulsh, Esq. Vicky Ann Trimmer, Esq. 3401 North Front Street P.O. Box 5950 Harrisburg, P A 17110-0950 Attorneys for Petitioner i:,J 0'1 . _ G (: J _"J J S,~ = Z / J._. METTE. EVANS & WOODSIDE A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 3401 NORTH FRONT STREET P.O. BOX 5950 HARRISBURG, PA 1'7110-0950 IRS NO. 23-1985005 E-MAIL ADDRESS jldencbak@mette.com JENNIFER L. DENCHAK TELEPHONE (717) 232-5000 FAX (717) 236-1816 HTTP://WWw.METTE.COM December 28,2005 VIA HAND DELIVERY Cumberland County Courthouse Attn: The Honorable J. Wesley Oler, Jr. 1 Courthouse Square Carlisle, P A 17013 RE: PETITION TO REFORM THE SUDEN CHARITABLE REMAINDER UNITRUST Dear Judge Oler: The Petition to Reform the Suden Charitable Remainder Unitrust was filed in the Cumberland County Register of Wills' Office on December 1,2005. Said Petition has been assigned the following file number: Orphan's Court 2005-1045. A hearing on said Petition has been scheduled for March 30, 2006 at 3:00 PM. The Petition contained the consent of the Co- Recipients, Co-Trustees, and Attorney General. However, the Petition failed to include the consent of the Charitable Remainderman. Dr. Suden, the Donor, has changed the Charitable Remainderman designation, effective December 22,2005, so that The Jewish Community Foundation of Central Pennsylvania is now listed as such. Enclosed is a copy of the Change of Charitable Remainderman. The consent of The Jewish Community Foundation of Central Pennsylvania has since been obtained and is enclosed with the hope that it will alleviate the need for a hearing on the Petition. I apologize for failing to include it within the original Petition. ? ...... ( r "',..., F.:.) Page 2 Thank you for your assistance in this matter. If you have any questions, please do not hesitate to contact me. I look forward to hearing from you as to whether the scheduled hearing is still necessary. Very truly yours, W~c/,,--~Jv~ ~nnifer L. Denchak JLD:JLD Enclosures cc w/enclosure: Dr. and Mrs. Stephen C. Suden 439822vl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN RE: SUDEN CHARITABLE REMAINDER UNITRUST ORPHANS COURT DIVISION NO. OF CONSENT The undersigned, deposes and says, that he/she has reviewed the Petition and consents to the trust reformation in hislher capacity as Charitable Remainderman of the Trust. Jewish Community Foundation of Central Pennsylvania "' By: - } 1 G-o j Name: /\,1-1 G ~.HV\ ~)tV (clt75?5Ntt> cr; Title: ~P;C UV'\ \J g J)J 0Bc-r-61€.. . .. CHANGE OF CHARITABLE REMAINDERMAN SUDEN CHARITABLE REMAINDER UNITRUST On this 7'- ",-'? day of ~-{V'f' \,.x-, 20 b~, Stephen C. Suden, the Donor, is making this change, pursuant to Item 5 of the Suden Charitable Remainder Unitrust, regarding the Charitable Remainderman/Charitable Organization designation: Donor revokes the designation of The United Jewish Appeal as the Charitable Remainderman/Charitable Organization and names The Jewish Community Foundation of Central Pennsylvania as the Charitable Remainderman/Charitable Organization. Such change shall take effect immediately. ~~kgL Stephen C. uden, Donor 439639vl '\J\~\\ R~~ ~~~~\'N'\)~R ORPHANS' COURT DIVISION in Re: Estate of 'S'.)~\:.:.~ Estate No.: "J..\ -~ S - \~'J..S: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA NO. CERTIFICATE OF SERVICE OF ORDER ,,~-~~ -'0 S -S~~ ,,~- ~~ -~-.S ~ ~\\<::~ \; ~ ~'- ~>:H'<<\ "\ '<'\i\rt ORDER DATED: JUDG E' S INITIALS: TIME STAMP DATE: INRE: ~~'\.)~\Z. ~~ ,~~~ SERVICE TO: :::s~\\.::;."},..!;, \-~ METHOD OF MAILING:----E] USPS ENENVELOPE(S) BY: D Petitioner D RRR ~ Judge D Hand delivered D Clerk of Orphans' Court D Other: DATE OF MAILING: '~-'~~ -~S SERVICE TO: METHOD OF MAILING: D USPS DRRR D Hand delivered D Other: _ DATE OF MAILING: ENVELOPE(S) By:D Petitioner D Judge D Clerk of Orphans' Court ~ \<~ ~ Deputy Clerk of Orphans' Court Clerk of the Orphans' Court