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1'\ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
ORPHANS' COURT DIVISION
III rc The ESTATE of
ETHEL M. BAIRD.
deceased
No. 21-06-0132
"
Late of South Middleton Township
PETITION FOR CY PRES DETERMINATION OF BENEFICIARY
AND NOW COMES the Petitioner, Alice J. Hair, Executrix of the Estate of Ethel M. Baird,
deceased, by and through her undersigned attorneys, and in support of her petition statei the
following:
t. The decedent, Ethel M. Baird, a resident of Cumberland County, died testate, on December
n. 2005. five weeks shy of her 9ih birthday;
') The decedent's Last Will and Testament, dated November 18, 2004. \vas admitted to
probate on February 10, 2006, and Letters Testamentary were issued to the Petitioner pursuant to
Item Seventh of the said Will;
3. By Item Fourth of her said Will, the decedent bequeathed 20% of her residuary estate to
'"GRACE EVANGELICAL CHURCH, of 4501 Franklin Street, Harrisburg, Pennsylvania";
4. At the time the decedent executed her Will, the church building located at 4501 Franklin
Street. Harrisburg, PelIDsylvania housed "Community Evangelical Free Church";
5. Prior to December 30, 2003, the church building at the specified address housed '"Grace
E\'angelical Congregational Church";
6. On that date, Grace Evangelical Congregational Church, its membership having declined to
approximately twenty-tive members, sold the church building to "Community Evangelical Free
Clurch";
7. Approximately five members of Grace Evangelical Congregational Church joined
Community Evangelical Free Church and continued to worship with that congregation at 4501
Franklin Street;
8. A greater number of the membership of Grace Evangelical Congregational Church f01111ally
merged with Trinity Evangelical Congregational Church, located at 165 N. 6ih Street, Han'isburg,
P,\. and a few other members went elsewhere;
9. The decedent had never attended or been a member of any of the churches named herein.
although she did receive one or more pastoral visit(s) at the nursing home where she resided during
her final years from a Pastor Kennedy, believed to have been at one time pastor of the Grace
Evangelical Congregational Church;
10. The petitioner intends to file her Account after July 3, 2006, anticipating litigation at the
audit thereof, to determine a certain tax apportionment issue directly affecting the 20% portion of
residue payable to the church, on which her position differs from that of the Attorney General;
I ]. The petitioner believes that the proper beneficiary of that portion given by the decedenfs
Will to "GRACE EVANGELICAL CHURCH, of 4501 Franklin Street" should be detern1ined prior
to the litigation of the tax apportionment issue affecting it, and therefore she files this petition prior
to the filing of her account;
WHEREFORE, Petitioner prays this Court apply the principal of Cy Pres to detern1ine which
church is a beneficiary of Decedent's estate.
Respectfully submitted:
SAIDIS, FLOWER & L1'\DSA Y
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By: ',~'v'~L c(~', -t'v (, l,-"-"\
Thomas E. Flower '
S.Ct. #83993
2109 Market Street
Camp Hill, P A 17011
(717) - 737 - 3405
Dated:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY.
PENNSYL VANIA
ORPHANS' COURT DIVISION
In re: The ESTATE of
ETHEL M. BAIRD.
deceased
No. 21-06-0132
Late of South Middleton Township
VER1F1CA nON
I, Alice J. Hair, hereby verify that the statements made in the foregoing Petition are
true and correct, 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.A. ~ 4904. relating to
unsworn falsification to authorities.
DATED:
By:~.'/ ') '- ~ ~'<. (
Alice J. Hair
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~
PENNSYL VANIA
ORPHANS~ COURT DIVISION
In re: The ESTATE of
ETHEL M. BAIRD,
deceased
No. 21-06-0132
Late of South Middleton Township
CERTIFICATE OF SERVICE
On this . ~, day of June, 2006, I, Thomas E. Flower, hereby certi fy that I served a
true and correct copy of the foregoing Petition, upon the following persons, by placing a
copy of same in the United States Mail, first class, postage prepaid, addressed as follows:
Thomas M. Devlin
Senior Deputy Attorney General
Charitable Trusts and Organizations
14th Floor, Strawberry Square
Harrisburg, P A 17120
Rev. Gordon Lewis, Sr. Pastor
Trinity Evangelical Congregational Church
165 N. 6ih Street
Harrisburg, PA 17111
Mike Aiken, et aI., Pastor Elders
Community Evangelical Free Church
4501 Franklin Street
H,misburg, PA 17111
SAID IS, FLOWER & LINDSAY
(--.
By: ; VI./IIVvl_" "(, J I '\.I (I \
, 1,;' Q"" \/ ,<,lV\.' 'w' \
Thomas E. Flower, Esquire