Rule 4.4. Charities—Notice to the Attorney General.
(a) In every court proceeding involving or affecting a charitable interest with the exception hereinafter set forth, at least 20 days advance written notice thereof shall be given to the Attorney General of the Commonwealth at the principal office in Harrisburg, Pennsylvania, or to a deputy of the Attorney General designated for such purpose for the judicial district in which the proceeding is pending. The notice shall include or be accompanied by such of the following as may be appropriate:
(1) the caption of the case;
(2) a description of the nature of the proceeding;
(3) the date, time and place when the matter is to be heard by the court to the extent then known;
(4) the name of the decedent, settlor, incapacitated person or minor, if not disclosed by the caption;
(5) a copy of the will or other instrument creating the charitable interest;
(6) the name and address of any specific charity which may be affected by the proceeding;
(7) if the charitable interest is a present interest, a description and the approximate market value of that interest;
(8) if the charitable interest is a future interest and the estimated present value of the charity’s future interest in the property exceeds $25,000, a brief description thereof including the conditions precedent to its vesting in enjoyment and possession, the names and ages of persons known to have interests preceding such charitable interest, and the approximate market value of the property involved;
(9) a description of any unresolved claim and any material question of interpretation or distribution likely to be submitted for adjudication which may affect the value of the charitable interest;
(10) the names and addresses of all fiduciaries;
(11) the name and address of counsel for each fiduciary;
(12) the name and address of counsel for any charity who has received notice or has appeared for the charity and the name of the charity which counsel represents; and
(13) a copy of an Account if the proceeding involves an Account and if the charity is any one of the following:
(i) a residuary beneficiary, including as a beneficiary of a residuary trust;
(ii) a pecuniary legatee in an amount greater than $25,000; or
(iii) a pecuniary legatee where the bequest has not and will not be paid in full.
(b) Proof of service of the above notice or an acknowledgment of such notice received from the Attorney General or a deputy of the Attorney General shall be filed with the clerk in every proceeding involving a charitable interest prior to the entry of any decree.
(c) Unless the court directs otherwise, no notice to the Attorney General or a deputy of the Attorney General shall be required with respect to a pecuniary legacy to a charity in the amount of $25,000 or less which has been or will be paid in full.
Note
Rule 4.4 is substantively identical to former Rule 5.5.
Explanatory Comment
See Appendix (OC-06) for form of notice under this Rule.
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