HomeMy WebLinkAbout08-04-06
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ORPHANS' COURT DIVISION
In re: The ESTATE of
ETHEL M. BAIRD,
Deceased
No. 21-06-0132 Orphans' Court
ORDER
AND NOW, this -1lL day of ~ 2006, upon consideration of
the attached Consents to Compromise, the Attorney General not objecting, the hearing in
this matter originally scheduled for Wednesday, August 9, 2006 is hereby discontinued,
the Court retaining jurisdiction pending the audit of the Executrix's account.
BY THE COURT:
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JOHN E. SLIKE
ROBERT C. SAlOIS
JAMES D, FLOWER, JR
CAROL l- LINDSAY
MICHAEL L SOLOMON
BRIAN C. CAFFREY
GEORGE F. DOUGLAS, III
THOMAS E. FLOWER
MARYLOU MATAS
SUZANNE C. HIXENBAUGH
LAW OFFICES
SAIDIS, FLOWER & LINDSAY
A PROFESSIONAL CORPORATION
2109 MARKET STREET
CAMP HILL, PENNSYLVANIA 17011
TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407
EMAIL: tflower@sfl-Iaw.com
www.sfl-Iaw.com
CARLISLE OFFICE:
26 WEST HIGH STREET
CARLISLE, PA 17013
TELEPHONE: (717)243-6222
FACSIMILE: (717)243-6486
REPLY TO CAMP HILL
August 3, 2006
Hon. J. Wesley Oler, Jr.
One Courthouse Square
Carlisle, PAl 7013
Re: Estate of Ethel M. Baird - No. 21-06-0132
Cy Pres Petition
Dear Judge Oler;
In this matter, we had asked the court to determine which of two churches was intended
to benefit from an ambiguous bequest, and a hearing on the issue has been scheduled for
Wednesday, August 3, 2006, at 1 :30.
Both churches prefer to split the legacy 50-50, and the Attorney General's office has no
objection to that compromise. I do not believe there are any other parties in interest.
I enclose both consents to the proposed compromise, along with a letter from the
Attorney General's office.
In view of the parties' consents (and, because the executrix will be filing her account, in
any case), I believe it would be appropriate to cancel the hearing.
Very truly yours,
SAID IS, FLOWER & LINDSAY
Thomas E. Flower
\J0Wt
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
CONSENT TO COMPROMISE IN SETTLEMENT OF CY PRES DETERMINA nON OF
BENEFICIARY OF AMBIGUOUS BEQUEST
To the Judges of this Honorable Court:
AND NOW COMES the Community Evangelical Free Church, and acknowledges that it mayor
may not be the closest substitute for "Grace Evangelical Church, of 4501 Franklin Street,
Harrisburg, Pennsylvania," the stated object of the bounty of Ethel M. Baird, deceased, under her
last will and testament, and further expresses itself willing and happy to settle on a 50-50 split
with the Trinity Evangelical Congregational Church, the only other known and likely claimant to
the said bequest.
In Witness Whereof:
Community Evangelical Free Church
By: fadm.. iu~ D~
[Title:] 5e..^;() I po &for
Dated: '7 -- ~.~ -~ ~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
ORPHANS' COURT DIVISION
Inre: TheESTATEof
ETHEL M. BAIRD,
deceased
No. 21-06-0132
Late of South Middleton Township
CONSENT TO COMPROMISE IN SETTLEMENT OF CY PRES DETERMINATION OF
BENEFICIAi~Y OF AfvIBIGUOUS BEQUEST
To the Judges of this Honorable Court:
AND NOW COMES the Trinity Evangelical Congregational Church, and acknowledges that it
mayor may not be the closest substitute for "Grace Evangelical Church, of 4501 Franklin Street,
Harrisburg, Pennsylvania," the stated object of the bounty of Ethel M. Baird, deceased, under her
last will and testament, and further expresses itself willing and happy to settle on a 50-50 split
with the Community Evangelical Free Church, the only other known and likely claimant to the
said bequest.
In Witness Whereof:
Trinity Evangelical Congregational Church
Dated: 7/7~~
I /
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[Title:]J~~-bad #~rd,~
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COMMONWEALTH OF PENNSYLVANIA
OFFICE OF ATTORNEY GENERAL
TOM CORBETT
ATTORNEY GENERAL
August 2, 2006
Charitable Trusts and
Organizations Section
14th Floor, Strawberry Square
Harrisburg, PA 17120
(717) 783-2853
(717) 787-1190 (Fax No.)
Thomas E. Flower
Law Offices
SAIDIS, FLOWER & LINDSAY
2109 Market Street
Camp Hill, PA 17011
RE: ESTATE OF ETHEL M. BAIRD, Deceased
No. 21-06-0132
Dear Mr. Flower:
This will acknowledge receipt of your letter dated July 27, 2006,
including copies of the proposed Consents to Compromise in Settlement of
Cy Pres Determination, regarding the above-captioned matter.
I have reviewed these documents of the Estate of Ethel M. Baird,
Deceased, and have no objections to the Cy Pres Petition and Relief sought.
Please forward a copy of the Court's executed decree as soon as it is
available as well as a copy of the Decree of Distribution entered by the court
or the fully-executed releases, whichever method you employ so that I can
complete my file.
Please be advised that the above review was conducted pursuant to
the parens patriae role of the office and has no bearing on any matter
unrelated to that function. Thank you for your time and attention to this
matter.
Very truly yours,
~/l{Jd
Thomas M. Devlin
Senior Deputy Attorney General
TMD /lss
In Re: Estate of Ethel M Baird
ORPHANS' COURT DIVISION
COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
NO. 21-06-0132
CERTIFICATE OF SERVICE OF ORDER
ORDER DATE: 08/04/06
JUDGE'S INITIALS: JWO
TIME STAMP DATE: 08/4/06
IN RE: Order
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SERVICE TO:
Kevin Dixon-Communitv Evangielical Free Church
Gordon Lewis, Trinitv Evangelical Congregational Church
Thomas M Devlin, Esq - Arty General Office
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
[8J USPS
DRRR
D HAND DELIVERED
D OTHER_
D PETITIONER
[8J JUDGE
D CLERK OF ORPHANS COURT
MAILED: 8/7/06
.""""""""""""""."""""""""""""""""""""""""""""""""""""""""""""""
SERVICE TO:
Thomas Flower Esq
METHOD OF MAILING:
ENVELOPES PROVIDED BY:
[8J USPS
DRRR
D HAND DELIVERED
D OTHER_
D PETITIONER
[8J JUDGE
D CLERK OF ORPHANS COURT
MAILED: 08/07/06
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